On Friday, former Montana State Senate President Jason Ellsworth made his case as to why official misconduct charges against him should be dropped.
Sen. Ellsworth, R-Hamilton, appeared via Zoom before State District Court Judge Chris Abbott. The senator has been suspended from official duties by court order since December while the case plays out.
(WATCH: Ellsworth makes case for legislative immunity in official misconduct case)
Ellsworth makes case for legislative immunity in official misconduct case
His attorney argued for dismissal of the misdemeanor case and the suspension lifted, saying the Ellsworth had legislative immunity for using actions empowered to him as Senate president.
“Sen. Ellsworth is not suggesting that he has free rein to engage in corruption and disregard procurement laws. We’re not talking about a felony, we’re not even talking about a breach of the peace,” said Joan Mell, Ellsworth’s attorney.
The allegation of misconduct stems from a December 2024 contract approval. While Ellsworth was serving as Senate president, he signed off on a $170,000 contract with a former business associate to track a series of judicial reform bills proposed before the session.
Ellsworth’s attorney denied any wrongdoing and noted that the Montana Department of Administration signed off on the contract.
Mell further argued that the state senate is responsible under state law for disciplining its own members, with the senate last year censuring Ellsworth. The elected body removed him from committee assignments and banned him from the Senate floor for life, but they did not expel him from the Senate.
John Riley
The Senate’s ethics investigation into Ellsworth came around the same time as a Senate power struggle between the former president and current president, Sen. Matt Regier, R-Kalispell.
Ellsworth has argued that all of the complaints have been politically motivated.
State prosecutors noted that while ethics violations were forwarded by the Senate, they operate independently to choose which cases to pursue, and state law gives them the ability to investigate misconduct of public officials that is subject to judicial review.
“Taking Ellsworth’s argument at face, he could contract with himself and the state could not prosecute him for tha. That has to be wrong,” argued Montana Deputy Solicitor General Brent Mead. “And I think that is the real danger to Ellsworth’s argument, that legislative privilege can not extend so far to cover actions like this.”
Marian Davidson-MTN News
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Mead said the Department of Justice is specifically looking at the contract procedure in this case, alleging Ellsworth had not followed proper requirements when taking bids for the contract. They further allege that the original decision to split it into two smaller contracts appeared to be a way to get around state procurement requirements.
Abbott said he will weigh both arguments in this case and make his decision as soon as he can.
Ellsworth is one of “The Nine,” a group of Republican senators who broke with their party leadership on a series of key votes during the 2025 legislative session.
Regardless of what happens in his misconduct case, he is termed out from the Senate, but he is running for the House in far eastern Montana, against incumbent Rep. Jerry Schillinger.
MTN News
Two other members of the Nine were termed out. Sen. Butch Gillespie, of Ethridge, is running for the House unopposed in north-central Montana. Sen. Russ Tempel, of Chester, is not seeking another office.
Sen. Shelley Vance, of Belgrade, is running for reelection in the Senate, facing a primary challenge from Representative Caleb Hinkle.
Sen. Wendy McKamey, of Great Falls, was eligible to run again, but is stepping away for health reasons.
The remaining four, Sen. Gregg Hunter, Sen. Josh Kassmier, Sen. Gayle Lammers, and Sen. Denley Loge were first elected in 2024, and will not be up for election again until 2028.
