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SB 21MONTANASession 2025State Billdead
Did Not Advance

Montana bill allows legislative and executive leaders to vacate court-issued writs of mandamus

Original title: Allowing legislative and executive leadership to vacate a writ of mandamus

Last action · May 23, 2025: (S) Died in ProcessSponsor: Barry Usher

Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Proposed

Montana legislative and executive leaders would be permitted to jointly vacate a court-issued directed at elected officials or the legislature within 10 business days, prohibiting its enforcement and barring contempt findings.

Why it matters

Changes the legal enforcement mechanisms available to state courts when issuing orders to compel actions or document production by the legislature or executive branch officers.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

elected officials listed in Article VI, section 1, of the Montana constitution

State executive officers can be protected from enforcement and contempt findings if legislative and executive leadership vacate a writ of mandamus against them.

Directly affected

courts

Courts that issue writs of mandamus would see their enforcement authority restricted if leadership files a pleading to vacate the writ.

Directly affected

the legislature as a whole or in part

Individual legislators and the legislature can have writs compelling document production or actions vacated by leadership.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who has the authority to sign a pleading that vacates a writ of mandamus under this bill?
The filing must be signed by either the president of the senate or the speaker of the house of representatives, and by either the governor or the attorney general.
What is the deadline for filing a pleading to vacate the writ?
The pleading must be filed within 10 business days of the writ's issuance by the court.
Does a vacated writ result in contempt of court charges for the affected official?
No. An elected official for whom a notice vacating a is issued may not be found in either civil or criminal .

What else do you want to know?

News Coverage

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Where This Stands

This bill did not become law - Died on the Senate floor.

Procedural history

30 actions
  1. May 23, 2025Senate
    (S) Died in Process
  2. Mar 28, 2025House
    (H) 2nd Reading
  3. Mar 28, 2025House
    (H) Scheduled for 2nd Reading
  4. Mar 25, 2025HouseCommittee
    (H) Committee Report
  5. Mar 24, 2025HouseCommittee
    (H) Committee Executive Action
  6. Mar 3, 2025House
    (H) 1st Reading
Show 24 earlier actions
  1. Mar 3, 2025HouseCommittee
    (H) Referred to Committee
  2. Mar 1, 2025Senate
    (S) Transmitted to House
  3. Mar 1, 2025Senate
    (S) 3rd Reading
  4. Mar 1, 2025Senate
    (S) Scheduled for 3rd Reading
  5. Feb 28, 2025Senate
    (S) 2nd Reading
  6. Feb 28, 2025Senate
    (S) Scheduled for 2nd Reading
  7. Feb 13, 2025SenateCommittee
    (S) Committee Report
  8. Feb 13, 2025SenateCommittee
    (S) Committee Executive Action
  9. Feb 7, 2025Senate
    (S) Hearing Canceled
  10. Feb 7, 2025Senate
    (S) Hearing
  11. Jan 25, 2025Senate
    (S) Hearing Canceled
  12. Jan 7, 2025SenateCommittee
    (S) Referred to Committee
  13. Jan 6, 2025Senate
    (S) 1st Reading
  14. Dec 18, 2024SenateIntroduced
    (S) Introduced
  15. Dec 9, 2024House
    (LC) Draft Delivered to Requester
  16. Dec 6, 2024House
    (LC) Draft Ready for Delivery
  17. Dec 5, 2024House
    (LC) Draft in Assembly
  18. Dec 4, 2024House
    (LC) Draft in Final Drafter Review
  19. Dec 4, 2024House
    (LC) Draft in Input/Proofing
  20. Dec 4, 2024House
    (LC) Draft in Edit
  21. Dec 2, 2024House
    (LC) Draft in Legal Review
  22. Nov 8, 2024House
    (LC) Drafter Assigned
  23. Nov 7, 2024House
    (LC) Draft in Legal Review
  24. Oct 24, 2024House
    (LC) Drafter Assigned

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Barry UsherSenate · District 19RepublicanPrimary sponsor

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Exemption from Contempt for State Leadership Actions

The bill creates an explicit statutory shield preventing civil or criminal contempt findings against elected officials when a writ of mandamus is jointly vacated by legislative and executive leaders.

Connected Entities

Senate Select Committee on Judicial Oversight and Reform, Barry Usher
OrganizationSenate Select Committee on Judicial Oversight and Reform“Requested the introduction of SB 21”Map →
PersonBarry Usher“Republican sponsor of SB 21, District 19”Map →

Sources

Open source document

bills.legmt.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 60)
  • Controversy80
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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