Montana attorney general's office hires outside legal help

HELENA, Mont. (AP) — The office of Montana's attorney general has hired outside legal help — at a cost of up to $120,000 this year — to oversee about 40 civil cases, many of which challenge bills passed in 2021 by the Republican-controlled Legislature.

Four civil attorneys have left the agency since January 2021, when Republican Austin Knudsen was sworn in as attorney general, spokesperson Kyler Nerison said.

In explaining the reason for hiring an outside attorney, Nerison said: "Historically, civil litigation has not been a strength for the department. One of Austin's goals as attorney general is to bring the civil bureau up to par with the legal ability and reputation of our prosecution services bureau."

"It's discouraging to hear them put down long-term, experienced lawyers," said Jaime MacNaughton, attorney for the Office of the Commissioner of Political Practices, who noted it was the Civil Services Bureau that successfully defended two key state campaign finance laws in recent years.

Nerison declined to identify any cases the civil bureau lost that Knudsen felt they should have won.

"I'm not going to single out individuals (which naming cases would necessarily do)," Nerison said in an email. "I also note that I said 'historically.' "

"The DOJ prosecution services bureau has a strong reputation and the attorney general's goal is to bring the civil bureau's to that level as well. The team we have in place is doing that," Nerison said.

The civil team that left "was a really good team," said Stuart Segrest, the former Civil Services Bureau Chief, who had 14 years of experience in the attorney general's office when he took a job in private practice. He said most of the rest of the attorneys who left the bureau took positions with other state agencies.

While he declined to explain the turnover, Segrest said: "Certainly none of us left because we didn't feel like we were up to the task."

The Department of Justice is advertising for at least nine attorney positions, most of which pay $90,000 to $100,000 a year, plus benefits, according to the State of Montana Careers website.

The contract with Emily Jones and the Jones Law Firm in Billings began on Jan. 3, calls for a $10,000 monthly. fee It extends through Dec. 31, but could be ended earlier with a 30-day notice. It does not include benefits or reimbursement for any expenses, such as travel.

Jones, who was also a member of Knudsen's transition team as he prepared to take office, could not be reached for comment on Tuesday.

The Civil Services Bureau defends legal challenges to state laws.

It successfully defended a 2021 law that eliminated the Judicial Nomination Commission and now allows the governor to directly fill judicial vacancies that occur between elections.

However, a judge struck down a law that allowed people to carry guns on college campuses. Another judge said the Legislature violated the state Constitution by making a late change to a campaign finance bill to make it harder to register and encourage college students to vote and to, in effect, limit campaign donations to judicial candidates.

A third judge has granted an injunction against bills that sought to further regulate abortion services while a case challenging the new laws proceeds. The attorney general's office has appealed that decision on the injunction to the Montana Supreme Court while also asking justices to overturn a 1999 opinion that found the right to privacy guaranteed in Montana's Constitution guarantees a woman's access to abortion services.

Other 2021 laws being challenged include one ending same-day voter registration, another that blocks paid ballot collection and one that requires transgender people to undergo gender-affirming surgery before being able to change the gender on their birth certificate.