Montana
Judge denies retired Montana Highway Patrol chief's motion to find AG in contempt • Daily Montanan
Attorney General Austin Knudsen won’t be facing a contempt order from court in a wrongful discharge lawsuit.
A former Montana Highway Patrol chief who is suing Knudsen and the state argued that the attorney general should be found in contempt for allowing the Department of Justice to disseminate confidential personnel information — an allegation the DOJ denied.
A district court judge denied the motion to set a contempt hearing last month. Lawyers for the state called the motion “unorthodox” and “a red herring.”
In the lawsuit, former Highway Patrol Col. Steve Lavin alleged he was wrongfully terminated after he launched a management review and workplace climate survey.
As part of that lawsuit, lawyers for Lavin alleged the DOJ shared private information about Lavin with political consultant Jake Eaton and The Political Company, and Eaton more widely released it in an email to clients.
The Political Company provided fundraising consulting to Knudsen, a Republican re-elected as attorney general in November.
In the email, Eaton criticized Lavin as “an inept leader” albeit “super nice guy.”
The court filing from Lavin’s lawyers didn’t specify which part of the email it considered private personnel information.
Eaton is not party to the lawsuit, but he earlier told the Daily Montana the criticisms in his email came from social media and gossip circles, not the DOJ.
In its response to the motion, Brown Law Firm lawyers representing Knudsen argued the state shouldn’t have to argue for Eaton, a third party, who acted as a private individual “with no official judicial or ministerial duties.”
Regardless, they also said Eaton’s explanation to the Daily Montanan that his sources did not include the DOJ make the contempt motion moot.
Plus, they said, the timing didn’t add up for such a motion.
They said the lawsuit was still “in its infancy,” their deadline to answer hadn’t even passed before the contempt motion came up, and it could “only be classified as a poorly masked attempt to force defendants to appear prior to their statutorily prescribed deadline.”
The lawyers argued that when contempt isn’t committed in open court or within the purview of the presiding judge, an affidavit outlining the facts constituting contempt needs to be presented, and one was not. So they said the judge should deny the motion.
In the order last month, Lewis and Clark County District Court Judge Michael McMahon agreed with the state’s argument about the need for an affidavit outlining “a statement of the facts.”
The order denied the plaintiff’s request that the court set a hearing “to allow defendants to answer why they should not be held indirect civil contempt.”
The order said the contempt motion was not supported by an affidavit, required when contempt is alleged outside the view of the court. It also said the Montana Supreme Court had found procedures must be followed in such cases.
In a phone call, lawyer Ben Reed, representing Lavin, said the team’s interest in raising concerns about the email was to ensure the dispute remained focused on the allegations of wrongful termination — and stayed between the parties in the case without interference from outsiders.
“We simply wanted to bring these issues to the attention of the court and make it clear that the case is about what’s in front of the court, and not about what’s not (in front of the court), and to try and keep third parties from joining into the chorus,” Reed said.
Reed, of the Delli Bovi, Martin and Reed firm, also said the plaintiffs will carry on with the lawsuit.
“We’re confident that we can move on in good order and according to the rule of law,” Reed said.
Spokespeople from the DOJ did not respond to requests for comment. In response to the allegations in the lawsuit, the DOJ earlier said Lavin agreed to retire after the Highway Patrol “lost confidence” in him.
In their court filing about the motion for contempt, they said the lawsuit is only about employment.
“Defendants view this as an employment matter — one where the plaintiff signed a release as part of a negotiated severance agreement, which is a complete defense to plaintiff’s claims in this matter,” said the lawyers for Knudsen. “Plaintiff is merely trying to distract from that fact with a red herring motion.”
ByKECI•
Updated: July 2, 2026, 9:58 am EDTPublished: July 2, 2026, 9:18 am EDT3 hours ago
Thunderstorms continue for Northern Rockies, especially southwest Montana, with heavy rain, lightning, and gusty winds. Highs mid-70s today, warming to 80s this weekend. Next week turns warmer and drier with highs reaching upper 80s to low 90s.
MISSOULA, Mont. — Amid recent flooding and ahead of wildfire season, Montana State Auditor James Brown is urging homeowners to make sure their homes are properly insured.
Brown said flooding is the leading cause of insurance peril in the nation and can happen year-round in Montana.
He said homeowners should not wait until flooding is imminent to seek coverage because there is typically a 30-day waiting period before flood insurance takes effect.
“Number one, by far the number one source of confusion related to flood insurance is the basic homeowners policy doesn’t cover flood damage, most Montanans may not know that,” said Brown.
Brown said some private flood insurance options exist, but the National Flood Insurance Program remains the main way Montanans can get covered.
He also said wildfire coverage is becoming less common in standard homeowners insurance policies and increasingly expensive.
Brown encouraged homeowners to be careful when shopping for the lowest-cost policy, because cheaper plans may offer less coverage or come with higher deductibles.
“That may not be enough to cover the loss if their house were to burn down, so one of the things we encourage as well is to talk to your agent about what the level of coverage that you have for your home to make sure that it’s fully insured so if you do have a fire or flood or some sort of peril, you’re able to replace your home,” said Brown.
Lower-cost policies may leave homeowners responsible for the first several thousand dollars in losses before insurance coverage begins.
Brown said homeowners should speak with their insurance agents to make sure their policies covers damages if a disaster occurs.
MISSOULA, Mont. — The University of Montana officially welcomed Dr. Jeremiah Shinn on Tuesday as the university’s 20th president.
Shinn’s tenure begins July 1.
“It’s my goal to lead UM in a way that makes this state proud,” Shinn said. “Together, we will build on our strengths to make UM even more aligned with the needs of students and the realities of today’s workforce.”
He joins the university after serving as interim president of Boise State University, where he led efforts aimed at enhancing student engagement, strengthening campus partnerships and expanding access to affordable education opportunities for students.
“President Shinn is a proven leader whose commitment to the success of students is unwavering,” said Clayton Christian, Montana commissioner of higher education. “He is a strong addition to the Montana University System, and I am confident he will maintain UM’s positive momentum while also steering the institution in new ways that will serve our state.”
The following was sent out by the University of Montana:
The University of Montana today officially welcomed Dr. Jeremiah Shinn as the 20th president of the flagship institution.
Shinn’s tenure leading UM begins July 1.
“It’s my goal to lead UM in a way that makes this state proud,” Shinn said. “Together, we will build on our strengths to make UM even more aligned with the needs of students and the realities of today’s workforce.”
Shinn joins UM after a successful tenure as the interim president of Boise State University, where he led efforts to enhance student engagement, strengthen campus partnerships and expand access to affordable education opportunities for students.
“President Shinn is a proven leader whose commitment to the success of students is unwavering,” said Clayton Christian, Montana commissioner of higher education. “He is a strong addition to the Montana University System, and I am confident he will maintain UM’s positive momentum while also steering the institution in new ways that will serve our state.”
Shinn takes the helm at UM during an important time, as the University prepares to welcome the class of 2030 to campus next month.
“Our students deserve a university built for the world they’re entering, not the one we’re leaving behind,” Shinn added. “At a time when the value of higher education is being questioned, UM will meet this moment. Not with arguments, but with proof. In our work, in our graduates and in our service to Montana.”
Prior to serving as Boise State interim president, Shinn was vice president for student affairs and enrollment management. He also served as vice president for student affairs at Louisiana State University. Shinn earned a Ph.D. from Eastern Michigan University, a Master of Arts from the University of Michigan and a Bachelor of Science from Arkansas Tech University.
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