In a recent filing before the Montana Supreme Court, lead attorney Timothy Strauch argued that the ethics case against Montana Attorney General Austin Knudsen is not about separation of powers or the First Amendment, but about Knudsen’s failure to follow rules of conduct. The Commission on Practice upheld 41 ethics charges against Knudsen for his role in a legal stand-off involving all three branches of Montana’s government. The Attorney General allegedly disobeyed a court order and refused to return emails in a timely manner.
Strauch’s brief, which was half the size of Knudsen’s, urged the Supreme Court to accept the Commission’s recommendation of a 90-day suspension. If Knudsen is suspended, the Montana Constitution allows Gov. Greg Gianforte to appoint a replacement. Knudsen’s defense arguments, such as being above disciplinary action due to his role as an executive branch leader, were dismissed by Strauch.
The Office of Disciplinary Counsel stressed the importance of upholding ethical standards, warning that allowing attorneys to flout the law could lead to chaos and undermine the rule of law. The Montana Supreme Court must now decide on the appropriate punishment for Knudsen.
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