Judge blocks Legislature's attempt to get out of subpoena lawsuit
A Lewis and Clark County District judge followed the Supreme Court’s lead in denying the Legislature’s request to dismiss a lawsuit that challenges the extent of the Legislature’s power to subpoena members of the judiciary despite the withdrawal of subpoenas at the center of the two cases.
Because the Legislature failed to file a brief supporting its motion to dismiss the suit, Lewis and Clark County District Judge Michael McMahon denied the motion to dismiss. Previously, McMahon had temporarily blocked the legislative subpoena, saying in his ruling that a person would have to be “blind” not to recognize that the subpoena represented a political clash and not a valid legislative effort.
The Supreme Court rejected another motion to dismiss by the Legislature on June 29 in the battle over the legislative subpoenas it issued to the other justices.
The Legislature argued in its filing that because the subpoena had been withdrawn, the case between itself and Supreme Court Justice Jim Rice was moot. Rice was the only justice to take his fight to district court, while the rest of the judges enjoined the subpoenas.
Read more: https://dailymontanan.com/2021/07/06/judge-blocks-legislatures-attempt-to-get-out-of-subpoena-lawsuit/