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The biggest public secret in Montana is one that has no easy answer • Daily Montanan

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The biggest public secret in Montana is one that has no easy answer • Daily Montanan


I’ll let you in on a little media secret: One of the most asked questions we get is exactly the one we can’t answer.

Here’s the question we get a lot, and we’re not alone in our inability to get answers: How much does the state of Montana spend on attorneys defending itself in court?

I get the question. The number of jobs the state has single-handedly created for attorneys should help boost the state’s monthly jobs and unemployment rate statistics. For four years of Republican control in almost all aspects of government, no bad idea has been denied the opportunity of legislation.

A lot of nonsense flew through the Legislature to the open arms of Gov. Greg Gianforte, who seemed only too happy to add his signature for the sake of furthering the alleged Republican mandate. For example, the Montana Supreme Court has repeatedly affirmed its decision to keep abortion legal through the 1999 case Armstrong vs. State of Montana, which hasn’t seemed to dampen the Republican enthusiasm to pass bills to restrict the practice, and thereby re-test the resolve of the courts. That has literally cost the taxpayers of Montana millions by re-litigating that which was already well established.

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The logic, if you’ll excuse the abuse of that word, is that even the lawmakers know much of what they’re passing runs contrary to case law and the Constitution. That doesn’t matter. Their own legal staff have expressed concerns through legal notes. That doesn’t matter either.

These are show-bills that demonstrate how committed Republicans are to their own policies and satisfying a riled-up base. What happens after that truly becomes a matter for the courts and the state’s treasury.

The danger and fallacy of a supermajority is the belief that just because Montanans have generally supported Republicans, they support every single position that Republicans coalesce around. There are notable exceptions, for example, support for public lands even though the GOP has tried to curtail our natural resources and access. And, of course, Montanans seemed repeatedly enthusiastic about marijuana, leading to a tug-of-war where the people won the right to weed and the state’s coffers filled with a different type of green, despite the GOP’s attempts at paternalism.

But the challenge with all these challenges is that the taxpaying Montana public is supporting a cottage industry centering on state litigation, but no one — and I mean no one — can say what that means for certain. In other words, how much is bad legislation costing us?

Montana Attorney General Austin Knudsen can hold onto his cowboy hat at this point: As much as he continues to add his name to any lawsuit that would seem to antagonize the Biden administration throughout the country, he’s got plenty of work here at home. And he doesn’t necessarily have a choice.

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The Attorney General, by definition, is forced to defend the state, and by extension, the lawmakers who author and support some of these legally dubious bills, as well as the poor bureaucrats who are tasked with implementing them.

There have been so many lawsuits, it’s hard to track them all. Two years ago, after the contentious 2021 Legislature, we were tracking more than 40 lawsuits dealing with the state, the Gianforte administration and the courts.

One may think the exercise should be as easy as looking toward the state’s budget for the Montana Department of Justice and finding the literal bottom line. But that ignores how most people think the Montana Attorney General’s Office works and how it actually works in practice.

We get asked: How many lawsuits is the state fighting? How much has Montana spent on outside counsel? How much have these struck-down bills cost us?

We don’t know. We have asked repeatedly, and by “we,” I mean multiple members of the media.

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The problem is one of budgets and categories. When asking the Legislative Auditor about it, they said the answer is not clear, and that Austin Amestoy of Montana Public Radio wrote a story about it a couple of years ago where the best he could do was estimate.

I have been and continue to be critical of the way Knudsen handles the Attorney General’s Office, but this time, he probably has a point.

Lawsuits come to his office in a variety of ways — from direct challenges to other officials getting sued in their official capacity, which then obligates the state’s legion of attorneys, housed under the Attorney General, to defend them. Which department specifically pays the bills depends on how the lawsuit is filed.

The other complicating factor, of course, is that sometimes the costs are borne by in-house counsel — that is, attorneys who work for Knudsen. Some other times, the counsel comes from the private sector.

And as anyone who has ever covered a lawsuit knows, the courts have their own pace, which can grind along for years, but the attorneys submit bills every month. Those attorney billing cycles may not overlap with budget years neatly. Now, compound that by dozens of cases and getting any sort of answer about how much we’re spending becomes nearly impossible.

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So, this isn’t the case of government officials trying to “hide the ball” so as not to cause sticker-shock at the amount of taxpayer money we’re spending on attorneys.

Yet maybe the “how much” question, though, isn’t quite as important as the question: Why have we seen such a dramatic rise in challenged legislation? Or, what do Montanans have to show for all this legislation besides mounting legal costs?



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Montana Morning Headlines: Wednesday, October 29, 2025

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Montana Morning Headlines: Wednesday, October 29, 2025


WESTERN MONTANA — Here’s a look at Western Montana’s top news stories for Wednesday.

The University of Montana removed Business Professor Anthony Richard Pawlisz from faculty after he was charged with criminal endangerment in Ravalli County court. Pawlisz allegedly pulled a gun on a man and fired a shot into the air after a fight outside of a bar in Florence on Aug. 17, according to court documents. His former class will continue under Professor Udo Fluck. (Read the full story)

Nathaniel Luke Smith pleaded guilty to disorderly conduct on Monday after posing a threat to Mission High School on Oct. 8, which prompted increased police presence while classes continued. Smith is also serving a three-year deferred sentence for intimidation from an incident in November 2024. (Read the full story)

Montana Governor Greg Gianforte said he will not be using state funds to temporarily cover SNAP benefits for nearly 78,000 enrolled Montanans if federal funding runs out on Nov. 1. Amidst a government shutdown, he said it’s a federal responsibility — despite calls from Democrats and food banks to use leftover state money. (Read the full story)

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Army Veteran and Fourth-Generation Montana Rancher Announces Run for Montana’s First Congressional District

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Army Veteran and Fourth-Generation Montana Rancher Announces Run for Montana’s First Congressional District


Matt Rains recently announced his campaign for Montana’s First Congressional District seat. Rains, a Democrat, is a fourth-generation Montana rancher, U.S. Army Veteran, and former Chief of Staff for the Montana Farmers Union.

“I am running for Congress because Montanans deserve better,” said Rains. “Like my neighbors and friends, I see and feel the cost of everything going up in Montana – and Ryan Zinke is making it worse by voting to support the tariffs and cutting Medicaid to drive up our health care costs.

“When I see a problem, I run towards it to find a solution: when our country was at…



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Thousands of pounds of pork bound for Montana food banks following feral swine investigation

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Thousands of pounds of pork bound for Montana food banks following feral swine investigation


After the state intervened to trap about 100 swine demonstrating feral behaviors, Montana food banks are slated to receive an influx of pork this week.

Late last month, Wildlife Services, a federal agency under the U.S. Department of Agriculture’s umbrella, tipped off the Montana Department of Livestock that it might have a feral swine population on its hands.

Wildlife Services, which intervenes when landowners report conflicts with wildlife, had been called to Phillips County in north-central Montana to investigate a potential bear conflict. The agency didn’t find evidence of bear activity, but it did find hoof prints, pig scat and other signs consistent with swine presence. The day after Wildlife Services visited the site near Malta along the Hi-Line, the state started looking into the matter and learned that approximately 100 pigs were running uncontained and “beginning to demonstrate behaviors and characteristics consistent with feral swine populations,” according to a press release. 

The Montana Legislature passed a law in 2015 prohibiting the importation, transportation or possession of feral swine. Intentionally, knowingly or negligently allowing swine to live in a “feral state” is also illegal. By passing the law, policymakers sought to ward off issues states and provinces have reported with feral swine, which can damage crops and wetlands, prey on wildlife and spread a form of brucellosis that can be transmitted to humans.

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Neighboring areas, most notably Alberta and Saskatchewan in Canada, have grappled with feral swine populations for years, and wildlife managers there and in the U.S. consider them to be an invasive species.

Montana State Veterinarian Tahnee Szymanski told Montana Free Press that feral swine can become established in three ways: they can migrate into Montana from an area with an established population, they can be introduced — illegally — by hunters eager to pursue them for sport, or they can develop when domestic animals are freed from the “normal checks and balances” associated with livestock production.

“Domestic swine, left to their own devices for a couple of generations, actually revert back to feral behavior very quickly,” Szymanski said. “This is a really good reminder that a potential feral swine population could crop up anywhere in the state.”

The state livestock department receives about six reports per year of potential feral swine sightings. All of them have turned out to be “owned domestic swine running at large,” according to an agency press release.

In this particular case, there were some unique circumstances related to a death in the family that owned the swine, Szymanski said. 

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“This situation just kind of got out of control,” she said. “It has been allowed to maybe fester a little bit longer than a traditional circumstance we would encounter.”

An image encouraging Montana citizens to help minimize the amount of feral swine. Credit: Courtesy of Montana Department of Livestock

Syzmanski said trapping operations began earlier this month, and all parties involved are pleased the meat will be distributed at food banks around the state.

On Oct. 18, the first swine shipment arrived at Producer Partnership, a nonprofit animal processing facility that works with agricultural producers to turn donated livestock into food for schools and other nonprofits. Trapping operations are ongoing with another 30-45 animals yet to be collected, Szymanski told MTFP on Oct. 22.

Producer Partnership is the country’s only nonprofit meat processing facility inspected by the U.S. Department of Agriculture. A product of the COVID-19 pandemic, Producer Partnership is located between Big Timber and Livingston and employs about 10 people.

Producer Partnership president and founder Matt Pierson estimates that the Montana Food Bank Network will receive between 8,000 and 14,000 pounds of pork from the swine. He said he’s unaware of any other organizations set up to take on these kinds of “oddball projects.”

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“Our hope through this partnership is that people realize there’s a more amicable, better way to solve these issues without just going in and shooting everything,” he said. “It helps solve a problem for the state, and it helps put all that meat into the food bank.”

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Thousands of pounds of pork bound for Montana food banks following feral swine investigation

In late September, Wildlife Services alerted the Montana Department of Livestock to a potential feral swine issue involving about 100 animals in Phillips County, and the state began trapping the animals and delivered them to a nonprofit meat-processing facility shortly thereafter. The animals are now expected to provide a bounty of pork for food banks around the state. Matt Pierson, president and founder of Producer Partnership, said the arrangement will allow for a “better resolution” for all involved.


New law requires election officials to reject mail ballots that aren’t signed with voters’ birth years

Montana voters are having their first encounter with a new requirement to provide their birth year on the back of mail-in ballot envelopes alongside the previously required signature line. The change is a result of a legislative mandate aimed at enhancing mail election security. Election officials in Montana’s two largest counties, Yellowstone and Missoula, said the change had already forced them to reject hundreds of ballots in early returns.


Born from tragedy, Great Falls nonprofit Toby’s House provides free child care for families in need

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