Former Montana Senate leader Jason Ellsworth is facing serious allegations of criminal conduct, with the matter now being referred to the state Department of Justice following a contentious Senate floor debate on Thursday. In a surprising move, minority Democrats succeeded in suspending an ongoing investigation by the Senate Ethics Committee into Ellsworth, ultimately deciding that the allegations of official misconduct should be directed to the Republican Attorney General Austin Knudsen.
Senate Minority Leader Pat Flowers spearheaded the move after Republicans attempted to remove Ellsworth from a significant committee position. Flowers articulated that due to the political motivations of Ellsworth’s party, it was impossible to address the situation fairly within the confines of the Senate. “We need to let the Department of Justice handle it,” he stated, emphasizing the need to focus on actual legislative work rather than embroiling the Senate in a prolonged process.
Since the news surfaced that Ellsworth awarded a substantial contract of $170,100 to his former associate, Bryce Eggleston, Republicans have openly criticized him. Ethics proceedings were initiated against the Hamilton Republican following a brief investigation which did not involve interviews with either Ellsworth or Eggleston. The Senate President, Matt Regier, initially selected an attorney with a history of disparaging comments about Ellsworth to prosecute the case, raising further questions about the objectivity of the investigation.
With support from a few Republicans, Democrats managed to secure a 27-22 vote to transfer the Ellsworth case to the Department of Justice. Notably, Ellsworth himself voted alongside the Democrats, illustrating the fracture within the Republican ranks. Allegations suggest that Ellsworth split the contract awarded to Eggleston into two separate agreements, supposedly to circumvent state bidding laws that mandate competitive bidding for contracts exceeding $100,000. Furthermore, concerns have been raised regarding Eggleston’s ability to fulfill the contract.
The arrangement mandated Eggleston to observe and report on state agencies implementing laws proposed by Republican legislators, which aimed to restrict the authority of Montana courts. During a Senate Ethics Committee meeting, which included both Republicans and Democrats, formal charges were identified against Ellsworth, including official misconduct— a misdemeanor that can lead to up to six months in jail—and failure to disclose a conflict of interest.
In a move to alleviate the situation, Ellsworth’s attorney suggested transferring any potential criminal allegations to the state Department of Administration for appropriate handling. This recommendation was met with resistance from Senate Republicans, especially after Flowers succeeded in transferring the case to the DOJ. Republican Senator Daniel Emrich of Great Falls responded by announcing plans to propose expulsion votes against both Ellsworth and Flowers.
Emrich accused Flowers of referring to Ellsworth as the “golden goose” of the minority leader group, claiming he provided just enough Republican support for the Democrats to influence Senate control. When this statement was made, fellow Democrats rallied to Flowers’s defense, demanding that Emrich refrain from making such statements. Several Republicans expressed their dissatisfaction with the decision to escalate the case to the attorney general.
Senator John Fuller from Kalispell did not hold back his frustration, expressing anger and embarrassment over the developments. Similarly, Billings GOP Senator Tom McGillvray stated that Attorney General Knudsen had indicated the Senate’s inability to delegate criminal matters to the Department of Justice, a point met with skepticism from Democratic attorneys in the chamber.
Democratic Senator Shane Morigeau articulated the potential implications of the allegations, reinforcing that the transfer of the case to the DOJ signified a clear acknowledgment of the claims regarding official misconduct. Republican members raised concerns that directing the case to prosecutors would potentially delay any conclusions until after the 2025 Legislature has concluded its session.
Beneath the surface, the conflict highlighted divisions within the Senate, particularly as Ellsworth was seen as a moderating force capable of tempering the hard-line stances of conservative members. Earlier in the session, Senate Democrats managed to forge alliances with Ellsworth and select Republicans to improve committee assignments for certain lawmakers, thus compromising the Republicans’ agenda by placing moderate voices in influential positions.
