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Judge: Appointment of Montana Commerce Director Was Unconstitutional
The judge said the appointment violated Montana’s Constitution because Bertoglio was still serving her elected term, blocking her from directing the department.
- On Tuesday, District Judge Elizabeth Best ruled Gov. Greg Gianforte's appointment of Marta Bertoglio as Montana Department of Commerce director unconstitutional, finding she was a sitting legislator when appointed.
- Montana's Constitution prohibits appointing legislators to "civil office under the state" during their elected term, a provision Best noted was intended to preserve separation of powers and reaffirmed by delegates at the 1972 Constitutional Convention.
- Rejecting state arguments that "term" is synonymous with "tenure," Best ruled resignation does not grant immediate eligibility; the Commerce director exercises broad regulatory authority independent of the governor's control.
- Best enjoined the Department of Administration from paying Bertoglio, though the governor's office indicated she will remain in office pending an appeal to the Montana Supreme Court.
- Previous appointments of lawmakers including Paul Green from Big Horn County and Jimmy Patelis from Yellowstone County also faced scrutiny; representing plaintiff Jordan Williams, Upper Seven Law firm argued these appointments undermine institutional integrity.
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Total News Sources11
Leaning Left1Leaning Right0Center10Last UpdatedBias Distribution91% Center
Bias Distribution
- 91% of the sources are Center
91% Center
C 91%
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