HELENA – Attorney General Austin Knudsen filed a reply brief encouraging the Supreme Court of the United States today to uphold the separation of powers in Montana and help reinforce basic standards of ethical judicial conduct.

It’s the latest in Montana State Legislature v. McLaughlin and argues that the Montana Legislature can bring a due process claim under the Fourteenth Amendment, state recusal standards must comply with the Fourteenth Amendment, and that the Montana Supreme Court violated both.

“At its core, due process guarantees the right of every litigant to a fair proceeding in a fair tribunal. What happened [here], however, made a mockery of that right. The Montana Legislature was haled—against its will—into a state-court proceeding where the judges doubled as interested parties. To no one’s surprise, the judges vindicated their own interests and obliterated the Legislature’s,” the filing states. “Resolving these exceptionally important questions is critical not only for government litigants, but also for the integrity of the Nation’s courts. Settling the inter-circuit split and clearly recognizing state legislatures’ protections under the Due Process Clause will stymie the type of judicial self-dealing that transpired [in Montana].”

Click here to read the reply brief.