Montana

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

Published

1 year ago

October 3, 2024

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.

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.

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.

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.

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

Live Updates: Montana State leads SFA 7-0 in the first quarter

Published

24 minutes ago

December 13, 2025

Press Room

Live Updates: Montana State leads SFA 7-0 in the first quarter

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Montana

Frigid Friday – several inches of snow in parts of the area

Published

13 hours ago

December 12, 2025

Press Room

Frigid Friday – several inches of snow in parts of the area

A band of moderate snow has formed from the Cut Bank area, extending southeast across Chouteau, Fergus, and Judith Basin Counties. Be alert for low visibility and slick road conditions. Icy conditions continue in Lewis & Clark and Broadwater counties, where snow fell on top of ice after some freezing rain overnight. Up to a 1/4″ of ice has been reported on cars and sidewalks. Freezing rain may mix in again this morning as milder air begins to move back in.

Today’s Forecast:

Frigid Friday, several inches of snowfall in parts of the area-Friday, December 12

It will be a frigid today, with high temperatures in the 0s and lower 10s across central and eastern Montana, and mid to upper 30s in Helena.

The snow band will continue throughout the day, bringing several inches of snow to areas east of I-15. The band of snow will gradually push east tonight, impacting Blaine, Phillips, and Valley counties overnight. Snow showers taper off by Saturday morning.

MTN News

Expect difficult driving conditions through Saturday morning, especially east of I-15 and into the mountains.

Arctic air slowly retreats north on Saturday. Temperatures start off in the -10s to near 0 on the Hi-Line and in the 0s for central Montana, then climb to the 0s and 10s for the Hi-Line and 10s to 20s in central Montana by Saturday evening.

Meanwhile, it will be a pleasant weekend in Helena with temperatures in the low 40s. A gusty breeze develops on Sunday, as temperatures warm nicely into the low to mid 40s in central Montana and into the 30s in northeast Montana.

Looking ahead to next week, mild and windy conditions kick off the workweek, followed by active weather returning midweek.

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Montana

Atmospheric river drives flooding in northwest Montana

Published

1 day ago

December 12, 2025

Press Room

Atmospheric river drives flooding in northwest Montana

Warm temperatures and an “atmospheric river” of precipitation that flowed into northwestern Montana this week have generated a state of emergency in Montana’s northwesternmost county, Lincoln, as local waterways run unseasonably high.

Around 12 p.m. Wednesday, the National Weather Service started issuing flooding watches as area snowpack sites reported 24-hour precipitation totals that were approaching record levels. NWS meteorologist Dan Borsum told Montana Free Press Thursday that the “rain-on-snow” nature of the recent precipitation has led to widespread flooding.

Borsum called the weather pattern “unusual” for mid-December, instead likening it to a warm April.

Zach Sherbo, the public health manager for the Lincoln County Health Department, said in a Thursday afternoon phone call that additional precipitation is expected through Thursday evening, so rivers could continue rising into Friday.

The Lincoln County communities of Libby and Troy have been hit the hardest by the deluge, which prompted emergency services personnel to issue a state of emergency Thursday afternoon. Residents are cautioned against unnecessary travel and those served by the Libby city water supply are under a boil-water order as a precaution in the event of water supply contamination. School has also been canceled for students in Libby and Troy, Sherbo said.

The Lincoln County Sheriff’s Department has identified a handful of bridges that have been compromised or are washed out as a result of flooding. It suggests residents looking for information on road closures and bridge conditions review an interactive map that is available online and linked in a press release posted to the Lincoln County Health Department’s Facebook page.

“It’s going to take a long time to recoup from this, just structurally, just with the bridges we’ve lost already and the condition that they’re in and going toward,” Sherbo said. “It’s a pretty big combined local effort right now.”

Justun Juelfs, the Kalispell-area maintenance chief with the Montana Department of Transportation said three stretches of state-managed roadways were closed or under monitoring status as of 4 p.m. Thursday.

An approximately 80-foot section of the Farm to Market Road south of Libby has washed out as Libby Creek carved a new channel. MDT is also monitoring erosion that is occurring along a U.S. Highway 2 bridge southeast of Libby and along a section of Highway 56 near Bull Lake. Juelfs encouraged motorists to review MDT’s road conditions report for up-to-date information on impacts to state highways.

The Army Corps of Engineers is assisting with sandbag-filling and distributing efforts and the Red Cross has set up a shelter for those in need at the Assembly of God Church in Libby, according to Sherbo.

The Montana Disaster and Emergency Services agency is also lending a hand with the flood response. In an email to MTFP, Anette Ordahl with DES wrote that a district field officer and a recovery coordinator are on the ground in Libby to offer assistance.

In a Thursday afternoon press release, Gov. Greg Gianforte noted that Sanders and Flathead counties have also recognized the flooding by issuing emergency or disaster declarations. Up to four inches of additional rainfall are expected across western and south-central Montana, according to a disaster declaration Gianforte’s office included in a 3 p.m. press release.

The National Weather Service reported Thursday morning that the Bear Mountain snowpack monitoring site, located just across the border in Idaho, received 6.5 inches of precipitation as of this morning, making it the third-wettest 24-hour period for the site in its 44-year monitoring history. The six-day precipitation total for Dec. 6-11 is 13 inches.

Borsum, with the National Weather Service, said the recent, unseasonable warm spell in western Montana combined with the “super strong” atmospheric river to melt early season snowpack and drive flooding. A similar rain-on-snow event in early June of 2022 led to widespread flooding in parts of south-central Montana that required extensive repairs to roadways and bridges.

Thursday, the Yaak River near Troy surpassed its official flood stage, running at more than 7,500 cubic feet per second. Its usual volume for this time of the year is about 200 cfs.

The Fisher River near Libby was also nearing flood stage. As of Thursday afternoon, it was running at nearly 4,000 cfs, more than 20 times its usual volume for mid-December.

Zeke Lloyd and Jacob Olness contributed to this reporting.

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