Montana AG Opinions — 2024

A person convicted of a felony and sentenced under MCA § 46-14-312(2), and thereafter placed in the Montana State Hospital is ineligible to vote while confined at MSH pursuant to that criminal sentence.

Subject to the assumed material facts, the Senate Select Committee on Judicial Oversight and Reform has authority to issue legislative subpoenas to employees of a coordinate branch of government to compel their attendance at a committee hearing as long as the legislative subpoena complies with the requirements of MCA § 5-5-107(1)-(2) and serves a valid legislative purpose concerning subjects on which the Legislature has authority to legislate.

When the Judicial Standards Committee ("JSC") exercises its rulemaking authority, it must do so in a public meeting and provide reasonable opportunity for the public to participate in the rulemaking process.