_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING JUDICIAL RECUSAL LAWS WHEN a lawyer or PARTy to a proceeding HAs MADE CAMPAIGN CONTRIBUTIONS; providing definitions; REPEALING SECTION 3-1-609, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE and AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Judicial conflict of interest -- recusal -- definitions. (1) Any party to a proceeding may request that the judicial officer assigned to the proceeding be recused if:

(a)        the judicial officer has received one or more combined contributions totaling the maximum amount allowable under 13-37-216 from a lawyer or party to the proceeding in an election that was held within the previous 6 years; or

(b)        a lawyer or party to the proceeding has made one or more contributions directly or indirectly to a political committee or other entity that engaged in independent expenditures that supported the judicial officer or opposed the judicial officer's opponent in an election that was held within the previous 6 years if the total combined amount of the contributions exceeds the maximum amount that would otherwise be allowed under 13-37-216 if the contributions had been made directly to the judicial candidate.

(2)        For the purposes of this section:

(a)        "contribution" has the meaning provided in 13-1-101; and

(b)        "judicial officer" has the meaning provided in 1-1-202.

NEW SECTION. Section 2. Repealer. The following section of the Montana Code Annotated is repealed:

3-1-609.            Judicial conflict of interest -- recusal -- definition.

NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 3, chapter 1, part 6, and the provisions of Title 3, chapter 1, part 6, apply to [section 1].

NEW SECTION. Section 4.  Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 5. Applicability. [This act] applies to contributions made on or after [the effective date of this act].