A Lewis and Clark County District Court judge has ruled that Gov. Greg Gianforte violated the Montana Constitution when he appointed sitting state legislator Marta Bertoglio to lead the Montana Department of Commerce. Judge Elizabeth Best ordered that Bertoglio, a Republican who represented House District 75 covering Jefferson County, cannot exercise any duties as Commerce director. Best also ordered Department of Administration Director Misty Ann Giles to stop paying Bertoglio.
The ruling marks the first legal challenge to Gianforte's practice of pulling sitting legislators into executive branch appointments, though it is not the first time he has done so. Bertoglio's predecessor at Commerce, Paul Green, was also a sitting lawmaker — from Big Horn County — when Gianforte appointed him. Former Yellowstone County lawmaker Jimmy Patelis was appointed to oversee the Montana Board of Parole and Pardons, and Ryan Osmundson serves as the governor's director of budgeting.
The Daily Montanan asked the governor's office whether it would appeal the ruling and who would lead the Department of Commerce in the interim. The office did not respond before publication.