A Jefferson County man, backed by the liberal advocacy group Upper Seven Law, has filed a lawsuit against Republican Governor Greg Gianforte over his appointment of former state legislator Marta Bertoglio to lead the Montana Department of Commerce.
Bertoglio, a three-term lawmaker from Clancy, was appointed on June 16 while still representing Jefferson County in the Montana House. She resigned from her seat before taking the job. The lawsuit, filed Wednesday in Lewis and Clark County District Court by Jordan Williams — one of Bertoglio’s former constituents — claims the Montana Constitution’s “disqualification provision” prohibits legislators from being appointed to “state civil office” positions during their term.
However, Gianforte administration officials argue the position does not meet the constitutional definition of a “civil office” because it falls under the governor’s direct supervision, rather than operating independently. Gianforte’s general counsel, Anita Milanovich, and Solicitor General Christian Corrigan both said the provision doesn’t apply since Bertoglio resigned before assuming the role.
Attorney General Austin Knudsen went further, pointing out the political double standard at play. “Prior administrations regularly hired legislators for civil offices,” Knudsen noted, referencing that Democrat Governors Steve Bullock and Brian Schweitzer made similar appointments during their time in office without legal challenge.
Adding to the irony, the attorney bringing the lawsuit for Upper Seven Law previously served as counsel to Governor Bullock when he made comparable appointments.
In court filings, Upper Seven Law claims the prohibition exists to prevent governors from using executive appointments to influence legislative votes. Knudsen’s office pushed back sharply in a letter to Williams’ attorney, calling the argument “without any legal merit” and criticizing the group’s rhetoric.
“As a normative matter, we find it particularly interesting that Mr. Williams and Upper Seven believe that allowing legislators to serve in the executive branch ‘is one of the most corrupt things that can be done to the Legislature and to the people of the State of Montana,’” Solicitor General Christian Corrigan wrote.