Governor’s appointment challenged
Resident claims this is Governor’s fourth unconstitutional appointment of sitting legislator to civil office
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News from Upper Seven Law
HELENA - On Wednesday morning, Jefferson County resident Jordan Williams challenged Governor Greg Gianforte’s appointment of Representative Marta Bertoglio as Director of the Montana Department of Commerce. At the time of her appointment, Bertoglio was a sitting member of the Montana legislature, representing Montana House District 75.
The Montana State Constitution explicitly prohibits appointing sitting legislators to public office. Article V, Section 9 provides that “No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office under the state.”
Often called the “disqualification provision” this prohibition protects against corrupt use of the appointment power by preventing any governor from bribing, inducing, or otherwise interfering with legislators’ votes by promising a lucrative appointment. In essence, it reinforces separation of powers, ensuring that coequal branches cannot exert undue influence on one another. Delegates of Montana’s 1972 constitutional convention considered the disqualification provision at length, ultimately carrying it forward from the 1890 constitution to preserve the political integrity of both the executive and legislative branches.
“The Montana Constitution clearly prohibits appointing a sitting legislator to another state office,” said Andres Haladay, Senior Staff Attorney at Upper Seven Law. “The Governor’s apparent abuse of the appointment power cannot continue unchecked.”
The complaint alleges that the Governor has been advised that appointing legislators to positions like the Director of Commerce is unconstitutional, but that he has repeatedly ignored that advice. Bertoglio’s appointment is the Governor’s fourth time appointing a sitting legislator to a public office, notwithstanding the clear text of the disqualification provision.
“[I]t’s one of the most corrupt things that can be done to the Legislature and to the people of the State of Montana,” explained Delegate Cedar Aronow during convention discussions, “to allow a member of the Legislature to accept an appointment to another office while he’s a member of the Legislature.”
Williams asks that the court declare the appointment unconstitutional.
Upper Seven Law, a Montana-based nonprofit law firm dedicated to holding the powerful accountable, represents the plaintiff. A copy of the complaint accompanies this press release.
