By Emma White | UM Legislative News Service

The Montana House of Representatives is working under a new set of rules after voting Jan. 14 along party lines to approve an amended resolution that spurred an emotional debate from both parties. 

House Majority Leader Steve Fitzpatrick, R-Great Falls, sponsored House Resolution 1, which sets the rules for the House in 2025. But at issue was an amendment to the bill that lays out decorum – or rules of conduct – as well as what discipline members might face if they break those rules. 

“A lot of people have expressed interest in having a decorum amendment which would establish kind of policies and procedures. I guess this is kind of like a human resources, step-by-step progression on what will happen if we have breaches of decorum,” Fitzpatrick said.

Fitzpatrick said the amendment was an attempt to provide a more narrow definition of decorum for the representatives, but Democrats expressed worries that the amendment would be used punitively.

Under the amendment, a representative would get one strike, then face a three day censorship, then expulsion.

But Rep. Jonathan Karlan, D-Missoula, pointed out a clause farther down in the bill that allows the representative to be censured or expelled on the first offense, if there is a majority vote. 

“I think that of course we are well aware that we’re not in the majority, and we’d be relying on the majority to just uphold our rights because with not even a party-line vote, we could expel somebody and there’s no limit on that,” Karlan said.

Fitzpatrick replied that the bill simply seeks to clarify the behaviors that are considered unacceptable in the chamber, such as personal attacks against character and using profane language, to clear up some of the ambiguity that can arise during controversial debate.

“We’re not interested in being the word police. We’re going to have good, vigorous debate in this room, but we can do it professionally, we can do it in the type of discussion that honors the people of Montana, so this I think is an appropriate amendment,” Fitzpatrick said.

The amendment to the rules comes after a contentious debate and a public protest during the 2023 session that led Republican leadership to censure Rep. Zooey Zephyr, D-Missoula. 

On the House floor Jan. 14, Zephyr pointed out that decorum standards were lowered from a super majority vote to a majority vote, which she said raises concerns about how the bill could be used.

“There is a risk we run when we lower to a simple majority, that the majority can deem at any time that if they think a certain stance is offensive, that they can silence dissent,” Zephyr said. “And to me that is inherently un-Democratic.”

Emma White is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association and the Greater Montana Foundation. White can be reached at emma.white@umconnect.umt.edu