SB 49 Montana Senate · 2025 Regular Session

Exempt lawyers serving in certain public offices from professional disciplinary measure and proceedings for actions taken while in office

SB 49 would have protected Montana attorneys serving as constitutional officers (Governor, Lieutenant Governor, Attorney General, Secretary of State, Superintendent of Public Instruction) or state legislators from professional disciplinary actions for conduct related to their official duties during their term. It prohibits judicial officers from starting or continuing disciplinary proceedings against these attorneys for actions taken while in office that could deter, retaliate against, or prevent the exercise of constitutional rights like free speech or due process. The bill included exceptions for courtroom behavior disrupting proceedings and would have applied retroactively to disciplinary cases since January 2024. However, the bill died in the Senate committee on May 23, 2025, and did not become law.
Bill status died 3 of 5 stages cleared
Introduction
Dec 2024
Committee Review
Mar 2025
Senate Passage
Feb 2025
House Failed
Apr 2025
Governor
Introduced Dec 13, 2024 Last action May 23, 2025
Maddy AI version diff · 7 comparisons

What changed between versions

SB0049_3(2).pdf SB0049_3(3).pdf · 3 edits
MINOR
The bill was amended to clarify that it becomes effective immediately upon passage and approval. Additionally, the retroactive application of the law was updated to specifically cover disciplinary proceedings occurring on or after January 1, 2024, ensuring clarity on when the new rules apply to past cases.
Scope change
The bill's applicability was refined to explicitly include disciplinary proceedings starting from January 1, 2024, and the effective date was confirmed as immediate upon passage.
TIMELINE

The effective date was clarified to be upon passage and approval, removing ambiguity about when the law starts.

ELIGIBILITY

The retroactive application was updated to specifically cover disciplinary proceedings occurring on or after January 1, 2024.

TECHNICAL

Redundant text and formatting artifacts were removed to clean up the document.

Floor votes · Senate Feb 20, 2025 · House Apr 8, 2025

How they voted

2921
Passed
Total votes 50
Feb 20, 2025
D Democratic18
18 Nay
100% Nay
R Republican32
29 Yea 3 Nay
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
5
Committee
6
Apr 8, 2025
Vote failed
House Vote: fail (45-53-2)
house
Mar 27, 2025
Lower · Passed
(H) Committee Report - (H) Judiciary
lower
Mar 27, 2025
Lower · Passed
(H) Committee Executive Action - (H) Judiciary
lower
Feb 21, 2025
Committee
(H) Referred to Committee - (H) Judiciary
lower
Feb 20, 2025
Senate · Passed
Senate Vote: pass (29-21)
senate
Feb 14, 2025
Upper · Passed
(S) Committee Report - (S) Judiciary
upper
Feb 13, 2025
Upper · Passed
(S) Committee Executive Action - (S) Judiciary
upper
Jan 7, 2025
Committee
(S) Referred to Committee - (S) Judiciary
upper
Dec 13, 2024
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Barry Usher
Barry Usher
RRepublican
MT
19