Ellsworth lawyer: Misconduct charge shielded by legislative privilege, should be dismissed

An attorney for Hamilton Republican Sen. Jason Ellsworth argued in state district court Friday that the misdemeanor charge against him should be dropped because he was acting within the bounds of his legislative duties.

Lewis and Clark County District Court Judge Christopher Abbott presided over Friday's initial hearing, which was constrained to the defense's request for a pre-trial dismissal.

Ellsworth was charged by the Montana Department of Justice late last year with official misconduct. He pleaded not guilty and has maintained that the case is a politically motivated prosecution. An attorney for the state said Friday the case was brought based on the facts, not political interference.

The criminal charge stems from the final days of 2024, when Ellsworth attempted to use state money he controlled as Senate president to secure a contract for a longtime friend and business partner, Bryce Eggleston, without going out to public bid. Eggleston, who admitted he did not have expertise in the judicial branch, was meant to track the implementation of a package of 27 judicial reform-related bills. Ellsworth and Eggleston canceled the deal shortly after it was revealed.

Joan Mell, Ellsworth's longtime attorney who appeared virtually in court, argued that as Senate president at the time, Ellsworth had the authority to decide how to allocate public funds he had discretion over. At the heart of her argument is that what Ellsworth did was a "legislative act" protected by the state Constitution.

Montana Deputy Solicitor General Brent Mead, arguing on behalf of the prosecution, noted that while the Senate president has the authority to engage in contracting, those actions must still be lawful.

"I think that is the real danger to Ellsworth's argument: That legislative privilege cannot extend so far as to cover actions like this," Mead told the court.

Abbott posed a hypothetical to Mell at the start of the hearing. Noting the caveat that legislative and judicial immunities are distinct, Abbot described a scenario where when hiring a clerk for his court, he refuses to look at applicants except for white men under 20 years old, or a scenario where he harasses the clerk and creates a hostile work environment.

"Those things are not protected, even though they're performing a judicial function, assisting me in my judicial acts," the judge said. "I'm wondering how that's different from what the state's alleging here."

In a five-and-a-half-minute wandering response, Mell seemed to argue that it is different because Ellsworth was making a "policy choice" by hiring someone to track bill implementation.

Mell also pointed out that Ellsworth, who also appeared by Zoom, did not tap into all of the available money that was leftover in his leadership account, only $170,100 of it.

Ellsworth and Eggleston ultimately backed out of the business deal, but the scandal led to months of intense political fallout among Republicans and Democrats that inflamed divisions at the 2025 legislative session and beyond.

Mell and Ellsworth have consistently argued the case amounts to political persecution because the Hamilton Senator found himself at odds with many other members of the Republican caucus, who were also the legislators who were seeking the harshest punishments for his actions.

The Montana Senate stopped short of expulsion, and voted to strip him of his committee assignments and ban him for life from the Senate floor.

Mell added that the appropriate remedy for a circumstance like this that involves an elected official is the voters. She argued that Ellsworth is accountable to his constituents, and how they vote is adequate accountability.

"Taking Ellsworth's argument at face value, he could contract himself and the state could not prosecute him for that," Mead said. "That has to be wrong."

Ellsworth has always represented Ravalli County. His term is up in early 2027, but he will not be on the ballot for his current constituents. However, Ellsworth recently filed to run for House District 34 in southeastern Montana hundreds of miles away from the district he currently represents.

Abbott said he would rule on the request for a dismissal as quickly as possible. If he denies the dismissal, there is set to be a trial in the coming months.

At the close of the hearing, Abbott asked Mell if there was anything else she would like him to know.

Mell giggled in response, saying "Gosh, I don't know."

"Do the right thing, you know?" she said. "This is a situation that the court should not feel uncomfortable that it's letting the criminal go ... Justice has been done here. This is injustice."