Senate President Jason Ellsworth, R-Hamilton, has taken a stand against what he describes as an unconstitutional directive from Montana Supreme Court Chief Justice Mike McGrath. On Tuesday, Ellsworth sent formal letters to both McGrath and Judicial Standards Commission (JSC) Chair Judge Mike Menahan, contesting the Chief Justice’s recent edict.
Both McGrath and Menahan previously served as a elected Democrats prior to taking the bench.
Ellsworth’s move includes issuing subpoenas to eight key government officials involved in the JSC’s rulemaking process, requiring their attendance at a meeting of the Senate Select Committee on Judicial Oversight and Reform (SJOR) scheduled for tomorrow. The officials subpoenaed are JSC members Judge Mike Menahan, Judge Randal Spaulding, Jill Gerdrum, Roger Webb, and Seth Berglee; JSC Secretary Shelly Smith; Supreme Court Administrator Beth McLaughlin; and Montana Supreme Court staff attorney Jeanine Blaner.
The subpoenas, copies of which are attached to the release, demand that these individuals provide insight into proposed changes to JSC rules. The language of the subpoenas issued to other individuals is similar to the one attached.