A state judge in Helena denied former Montana Senate President Jason Ellsworth's request to dismiss an official misconduct charge this week, keeping the case on course for trial next month — though the same ruling lifted the suspension that had barred Ellsworth, a Hamilton Republican, from participating in Senate business.
Ellsworth's attorneys had argued the charge should not go forward, but the judge disagreed, finding sufficient grounds to proceed. The decision means Ellsworth will face a jury on the misconduct allegation, the specifics of which center on his conduct during his tenure leading the chamber. Official misconduct under Montana law can carry serious penalties, including removal from office.
The lifting of the Senate suspension is a separate matter from the criminal case itself. Ellsworth can now return to Senate duties while the case moves toward trial — an outcome that puts him in the unusual position of serving as a legislator while simultaneously preparing for a criminal proceeding stemming from his time in legislative leadership.
The trial is expected next month. Helena sits in the First Judicial District, and the case has drawn statewide attention given Ellsworth's profile as the former presiding officer of the Montana Senate.