Resolution disapproving of montana supreme court rules
Senate Joint Resolution 2 is a legislative disapproval resolution aimed at a set of Montana Supreme Court rules and rule revisions. The resolution identifies nine separate rule packages, including rules governing civil procedure, appellate procedure, district court practice, electronic filing, public access to trial court records, continuing legal education, lawyer disciplinary enforcement, and Judicial Standards Commission rules. It also urges the Supreme Court to provide explanatory testimony to the 69th Legislature regarding those rules.
The measure does not create new substantive law or amend statutes directly. Instead, it uses the Montana Constitution’s legislative disapproval mechanism to reject court-adopted procedural rules that would otherwise govern court practice statewide. If adopted, the resolution would signal legislative disapproval of the listed court rules and could prevent those rules from taking effect or continuing in force, depending on their status and timing under constitutional procedure. The Secretary of State is directed to send copies of the resolution to the Supreme Court, State Bar of Montana, Judicial Standards Commission, and Montana Judges Association.
The general sentiment reflected in the available record is procedural and critical of the Supreme Court’s rulemaking, but not highly contentious in committee. The only recorded vote shown is a 9-0 committee vote to table the bill in the Senate Judiciary Committee, and the bill ultimately died in process. That suggests the resolution did not advance, despite its formal expression of legislative disapproval.
The main point of contention is the balance of authority between the Legislature and the Montana Supreme Court over court rules. Supporters of the resolution appear to be concerned about the substance or process of the court’s procedural rules and want the Court to explain them to lawmakers. The affected parties include judges, attorneys, court administrators, the State Bar, the Judicial Standards Commission, and litigants who rely on civil, appellate, filing, access, and disciplinary rules in Montana courts.
SJ 2 would have used the Legislature’s constitutional power to disapprove Montana Supreme Court rules and rule revisions, affecting court procedure rather than substantive statutory law. The resolution targets rules on civil and appellate procedure, district court operations, electronic filing, public access to court records, continuing legal education, lawyer discipline, and judicial standards, thereby potentially altering statewide court administration and professional regulation for judges and attorneys. Because it is a joint resolution of disapproval, its practical effect would be on the validity or continuation of the identified court rules, not on the Montana Code Annotated directly.
The available record suggests a skeptical or oppositional stance toward the Supreme Court’s rulemaking, but with limited visible debate. The resolution was referred to Senate Judiciary and then tabled by a 9-0 vote, and it ultimately died in process, indicating that it did not gain enough momentum to advance. The absence of recorded committee testimony in the provided materials makes the overall sentiment appear procedural and restrained rather than sharply divided, though the resolution itself clearly reflects legislative dissatisfaction with the listed court rules.
The central contention is separation of powers: whether the Legislature should disapprove procedural rules adopted by the Montana Supreme Court under its constitutional authority. The resolution’s supporters appear to believe the Court should justify its rules to the Legislature, especially on issues like electronic filing, public access to court records, lawyer discipline, and judicial standards. Potentially affected stakeholders include the Supreme Court, State Bar of Montana, Judicial Standards Commission, Montana Judges Association, court clerks, attorneys, and court users who would be impacted by any change to the challenged rules.