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2024 Op. Mont. Att'y Gen. 1 (2024)

handle is hein.sag/sagmt0070 and id is 1 raw text is: 

-1-


           AUSTIN   KNUDSEN                     STATE   OF MONTANA





VOLUME   NO. 60                                              OPINION  NO. 1


JUDICIAL STANDARDS COMMISSION: §§ 3-1-1101 et seq.
OPEN  MEETINGS   LAWS:   §§ 2-3-201 et seq.


HELD:       When  the Judicial Standards Committee (JSC) exercises its
            rulemaking authority, it must do so in a public meeting and provide
            reasonable opportunity for the public to participate in the rulemaking
            process.

                                                   September  20, 2024


Jason Ellsworth
President
Montana Senate
P.O. Box 200500
Helena, MT 59620-0500

President Ellsworth:

[P1] You requested an Attorney General Opinion regarding the Judicial Standards
Commission's (JSC) rulemaking authority and process. In preparing this opinion, I
considered the analysis in the legal memorandum accompanying your request and
additional research on the topic.

[P2] By virtue of your office, you are entitled to request such an opinion pursuant to
MCA  § 2-15-501(7). Therefore, I have restated your questions presented1 and
provided short answers as follows2:


1 Questions one, two, and three from your memo have been combined into the first
question presented. Questions four and five have been combined into the second
question presented.

2 An Attorney General Opinion may not be used to resolve questions of fact. MCA §
2-15-501(7). Your question three raises factual issues regarding the specific process

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