Montana legislative leaders could file court briefs explaining lawmakers’ intent

The House speaker and Senate president would be allowed to file briefs offering courts their views on the meaning of laws or lawmakers’ intent. This permission would cover Montana’s House speaker and Senate president in state or federal court cases about the meaning of legislative enactments or lawmakers’ intent. The leaders could participate separately or together. The attorney general would keep the authority to represent the state. Participation would not give up any legislator’s, legislative officer’s, or legislative staff member’s protections from lawsuits or disclosure of protected legislative work. Had it passed and received approval, the measure would have taken effect immediately and applied to proceedings started after that effective date.

The House speaker and Senate president could use authorized funding to pay attorney fees and related costs of offering their views to courts. This permission would cover the two leaders’ costs of filing briefs in state or federal cases about laws’ meaning or lawmakers’ intent. Spending would require available authority to use the money. The funding would have to be approved by the Legislative Council or be under the leader’s direction and control. Had the measure passed and received approval, this permission would have applied to proceedings started after its immediate effective date.