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Judge: Appointment of Montana Commerce Director Was Unconstitutional
Judge Elizabeth Best said the commerce director post carries executive powers and barred Marta Bertoglio from serving or being paid.
- On Thursday, Cascade County District Court Judge Elizabeth Best ruled Governor Greg Gianforte's appointment of Commerce Director Marta Bertoglio unconstitutional, ordering her to stop serving and halting her salary.
- Gianforte appointed Bertoglio, a Republican representative from Clancy, to lead the Commerce Department last summer while she remained in office, violating the Montana Constitution's disqualification clause barring legislators from civil offices during their terms.
- Judge Best rejected the state's argument that "term" means "tenure," ruling that resigning ends tenure but not a legislator's term; delegates at the 1972 Montana Constitutional Convention sought to prevent legislators from "artificially" terminating terms to secure appointments.
- Despite the court order, Governor Gianforte's office stated Bertoglio will remain in her role, with spokesperson Kaitlin Timken telling Montana Free Press she will continue receiving paychecks and benefits pending the appeal.
- The case marks the first legal challenge to Gianforte's appointment authority, though he appointed at least three other sitting legislators: Jimmy Patelis, Bob Brown, and Paul Green; attorney Andres Halady called Montana's disqualification provision "key to preserving the integrity of our institutions.
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Total News Sources12
Leaning Left1Leaning Right0Center11Last UpdatedBias Distribution92% Center
Bias Distribution
- 92% of the sources are Center
92% Center
C 92%
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