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IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 21-0125

DOROTHY BRADLEY, BOB BROWN,

MAE NAN ELLINGSON, VERNON FINLEY,

and MONTANA LEAGUE OF WOMEN

VOTERS,

Petitioners,

v.

GREG GIANFORTE, Governor of the State of

Montana,

Respondent.

FILED

APR 0 7 2021

E:Sovven Greenvvood

Clerk of Supreme Court

Stat.. fiAnntana

ORDER

Before the Court is Respondent Governor Greg Gianforte's Motion to Disqualify

Judge Kurt Krueger and for Other Miscellaneous Relief. Respondent requests to stay further

proceedings in the case pending release to the parties of the results of a poll the Court

Administrator conducted among the membership of the Montana Judges Association (MJA)

regarding the MJA's position on SB 140, the measure at issue in this case. Respondent

requests that any other judge who expressed a position on the bill be disqualified from

participating in the case.

In response, Petitioners note that the day after Respondent filed his motion, Judge

Krueger filed a Notice of Recusal, and the motion for disqualification is therefore moot.

Petitioners oppose the motion for stay and "leave . . . to the sound discretion of the Court"

Respondent's motion for release of the MJA poll.

First, given Judge Krueger's voluntary recusal, the motion to disqualif) him is moot,

and the Court need not address it.

Second, the parties are advised that no member of this Court participated in the

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04/07/2021

Case Number: OP 21-0125
aforementioned poll. The Court is advised that the final vote was 34 to 3 to oppose the bill

and that the MJA's opposition to the bill was presented to the Legislature and is a matter of

public record. Court Administrator Beth McLaughlin's February 1, 2021 e-mail regarding

the poll, which she sent to the Chief Justice, MJA President Judge Greg Todd, and MJA

lobbyist Ed Bartlett is attached to this Order. It reflects her handwritten note that, although

the vote was 31-3 at the time she sent the e-mail, the final vote was 34-3.

Third, the Court has determined that the six undersigned members of this Court will

consider the case on the Petition and the responses submitted and—in accordance with M. R.

App. P. 14(7) and with our prior Order—determine whether to order more extensive briefing,

order oral argument, or decide the matter upon the initial filings.

Finally, because his motion is 1,986 words, Respondent also requests leave to exceed

the 1,200-word count limitation of M. R. App. P. 16(3). The Court has considered the full

motion and attachments and accepts the overlength filing.

For the foregoing reasons,

IT IS THEREFORE ORDERED that the Respondent's motions to disqualify and for

other miscellaneous relief are DENIED. Pursuant to the Court's April 5 Order, the summary

response shall be filed on or before April 14, 2021.

The Clerk is directed to give notice of this Order to ail counsel of record.

Dated this day of April, 2021.
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McLaughlin, Beth

From: McLaughlin, Beth

Sent: Monday, February 1, 2021 8:17 AM

To: Todd, Gregory; Ed 8artlett (efbartlett@charter.net); McGrath, Mike

Subject: votes

Good morning, 31-3-

On SB140 the votejs 31-3 to oppose. Of course, you saw the comments about improvements that could be made to the

Commission proceSs. The hearing is schedule for February 9th at 9 a.m.

On the retirement bill and holiday, the vote was 20-2 to support (or not oppose) the bill. The bill hasn't been introduced

yet. l don't know M the by-laws if the vote tabulation is based on the members voting or the total membership.

The justices have hot vothd on either bill and l assume will not.

Thanks,

Beth McLaughlin

Supreme Court Adrninistrator

406-841-2966