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Disciplinary Counsel Recommends Punishment for Montana Attorney General


The lead attorney prosecuting the ethics case of Montana’s top attorney, Austin Knudsen, argued before the Montana Supreme Court that the case is not about separation of powers or the First Amendment, but rather about Knudsen not following the rules of conduct he swore to uphold. Knudsen faced 41 ethics charges for his role in a legal stand-off involving all three branches of Montana’s state government, where he defended the Legislature and refused to follow court orders.

The 85-page brief submitted by the Office of Disciplinary Counsel inches the Montana Supreme Court closer to a decision on whether to accept the recommendation of a 90-day suspension for Knudsen. The brief highlighted Knudsen’s refusal to acknowledge his wrongful conduct and his disregard for ethical standards. If the recommendation is accepted, Governor Gianforte would have to appoint a temporary replacement for Knudsen, as the Montana Constitution mandates the attorney general be a member in good standing of the bar.

The response to Knudsen’s defenses emphasized his duty as a licensed attorney to adhere to professional conduct rules, regardless of his role as an executive branch leader. The office argued that attorneys are not merely tools for clients to wield, but are tasked with upholding the law and guiding clients within legal constraints. The brief concluded that Knudsen’s actions set a dangerous precedent and undermine the rule of law, potentially leading to chaos if court orders are disregarded.

The filing also outlined examples of Knudsen disobeying court orders and showing contempt or hostility toward the court, which was deemed violation of the state’s code of conduct. Ultimately, the Montana Supreme Court will make the final decision on whether to punish Knudsen for the 41 ethical violations.

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