Montana Supreme Court Rules on Attorney General Austin Knudsen's Professional Conduct Case

The Montana Supreme Court has made its final decision in the professional conduct case involving Attorney General Austin Knudsen, dismissing the complaint without imposing any further disciplinary measures. The court disagreed with a recommendation to suspend Knudsen's law license for 90 days, citing violations of ethical rules but also noting due process violations during the disciplinary proceedings. Chief Justice Cory Swanson authored the majority opinion, stating that while Knudsen had breached ethical rules, additional discipline was not warranted at this time. The court emphasized the importance of obeying lawful court orders for all Montana attorneys.
Knudsen's office released a statement expressing gratitude for the court's ruling on what he described as a "highly irregular" complaint. He characterized the complaint as a political stunt and expressed relief that the distraction was now resolved. The Supreme Court's opinion was issued nine months after oral arguments were heard, with most justices recusing themselves due to the case's nature. Swanson and Justice Katherine Bidegaray, who were not part of the court during the dispute, heard the case alongside five district court judges.
The case originated in 2021 when Knudsen represented Republican legislators who sought internal emails from judicial branch officials. The legislators were concerned about judges' opinions on proposed bills and their potential impact on legal challenges. The Montana Supreme Court blocked the subpoenas, leading to a series of legal challenges and criticisms from Knudsen and his team. A complaint was filed against Knudsen, alleging violations of professional conduct rules related to court orders and statements about judges' integrity.
In October 2024, an adjudicatory panel found that Knudsen had failed to comply with the Supreme Court's order to return the emails promptly and that his responses violated his obligations as an attorney. The Supreme Court's final ruling dismissed the case, acknowledging rule violations but opting against further disciplinary action. The court's decision serves as a public admonition regarding the violations and emphasizes the importance of respecting court orders for all Montana attorneys.