Revise laws related to Judiciary and rule of necessity

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69th Legislature 2025 SB 30
- 1 - Authorized Print Version – SB 30
ENROLLED BILL
AN ACT PROVIDING THAT THE RULE OF NECESSITY MAY NOT BE USED WHEN JUDICIAL OFFICERS
WITH LESS OF A CONFLICT ARE AVAILABLE; AND AMENDING SECTION 3-1-611, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-1-611, MCA, is amended to read:
"3-1-611. Judicial conflict of interest -- recusal -- definitions. (1) Any party to a proceeding may
request that the judicial officer assigned to the proceeding be recused if an opposing party or lawyer or a
lawyer's law firm representing an opposing party meets the criteria in subsection (1)(a) or (1)(b):
(a) the judicial officer has received one or more combined contributions totaling the maximum
amount allowable under 13-37-216 from a lawyer or party to the proceeding in an election that was held within
the previous 6 years; or
(b) a lawyer, the lawyer's law firm, or party to the proceeding has made one or more contributions
directly or indirectly to a political committee or other entity that engaged in independent expenditures that
supported the judicial officer or opposed the judicial officer's opponent in an election that was held within the
previous 6 years if the total combined amount of the contributions exceeds $10,000 for a candidate for a
supreme court office or $5,000 for a candidate for any other judicial office.
(2) The moving party shall provide sufficient facts to demonstrate that the criteria in subsection (1)
have been met.
(3) Upon On receipt of the motion and the information required by subsection (2), the judicial
officer shall recuse.
(4) A judicial officer may not use the legal doctrine of the rule of necessity to avoid recusal
because of a conflict of interest in which other judicial officers with less immediate or less significant conflicts
are available to serve as substitutes.
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69th Legislature 2025 SB 30
- 2 - Authorized Print Version – SB 30
ENROLLED BILL
(4)(5) For the purposes of this section:
(a) "contribution" has the meaning provided in 13-1-101; and
(b) "judicial officer" has the meaning provided in 1-1-202."
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I hereby certify that the within bill,
SB 30, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 30
INTRODUCED BY T. MCGILLVRAY
BY REQUEST OF THE SENATE SELECT COMMITTEE ON JUDICIAL OVERSIGHT AND REFORM
AN ACT PROVIDING THAT THE RULE OF NECESSITY MAY NOT BE USED WHEN JUDICIAL OFFICERS
WITH LESS OF A CONFLICT ARE AVAILABLE; AND AMENDING SECTION 3-1-611, MCA.