Montana Judge Orders Halt to Commerce Director’s Pay, But Governor Says She Stays on the Job
Why It Matters
A court ruling in Montana has thrown the leadership of the state’s Department of Commerce into legal limbo, raising constitutional questions about executive appointment powers that could affect how the governor staffs state agencies going forward. The department oversees critical functions including tourism promotion, economic development, and affordable housing grant distribution.
The ruling also spotlights a broader tension between judicial authority and executive branch prerogative, as the governor’s office is contesting whether the presiding judge even has jurisdiction to issue the order.
What Happened
Cascade County District Court Judge Elizabeth Best ruled last week that Montana Department of Commerce Director Marta Bertoglio was unconstitutionally appointed to her position and should not continue working or receiving paychecks and benefits.
The case stems from Governor Greg Gianforte’s decision to appoint Bertoglio — then a sitting Republican state legislator representing Jefferson County — to lead the commerce department. A former constituent, Jordan Williams, filed suit arguing the appointment violated the Montana Constitution’s “disqualification clause,” which states: “No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office under the state.”
Despite the ruling, Gianforte’s office indicated Bertoglio will remain in the position. Kaitlin Timken, a spokesperson for the governor, told Montana Free Press that the administration believes “the ruling isn’t effective until after the appeal of judge substitution is resolved and the case is remanded by the Montana Supreme Court.”
By the Numbers
$69.90 — Bertoglio’s hourly rate of pay, according to state data.
~$145,400 — Her approximate annual salary.
January 2027 — The date through which Bertoglio’s original legislative term was set to run before she vacated the seat.
All judges in Lewis and Clark County — where the case was first filed — have been removed from the matter through substitutions and recusal, adding procedural complexity to the dispute.
At least four Republican legislators have been appointed by Gianforte to state positions during their active legislative terms, though only Bertoglio is named as a defendant in this case.
Jurisdictional Dispute Clouds the Ruling
A significant legal question hanging over the case is whether Judge Best has the authority to rule at all. Before her ruling was issued, the governor’s office filed arguments with the Montana Supreme Court contending that Best lacked jurisdiction, citing a recently enacted law requiring that certain replacement judges be selected at random. It remains unclear whether Best was assigned to the case through that random process.
Best’s order targets Department of Administration Director Misty Ann Giles — also named as a defendant — directing her not to pay Bertoglio’s salary or provide benefits. Both the Department of Administration and the Department of Commerce declined to comment on the ruling.
Attorney Andres Haladay, representing plaintiff Jordan Williams, said that even if the ruling stands, it would not affect Bertoglio’s past actions at the department. “We did not ask the court to do anything or make any determinations about past actions in this case,” Haladay said.
Zoom Out
This case is not an isolated incident in Montana. Gianforte previously appointed state legislator Paul Green to lead the same Department of Commerce during Green’s first legislative term. Other Gianforte appointees — including Lottery Director Bob Brown and Jimmy Patelis of the Montana Board of Pardons and Parole — also received their positions during active elected terms.
Budget Director Ryan Osmundson was similarly appointed in 2021 while serving in the state Senate, drawing constitutional questions at the time. Those prior appointees are not named in the current lawsuit, and their legislative terms have since expired.
Across the country, courts have increasingly been asked to weigh in on the boundaries of gubernatorial appointment powers, as seen in Colorado, where the Court of Appeals recently upheld a high-profile ruling and sent a sentencing matter back to the trial judge. Montana’s case may similarly require appellate resolution before the dispute is settled.
What’s Next
The Montana Supreme Court will likely need to resolve the jurisdictional question before Judge Best’s ruling can take full effect. Until then, the governor’s office has made clear Bertoglio will continue in her role and continue receiving compensation.
Legal observers familiar with executive appointment disputes — including those with decades of judicial experience — note that constitutional disqualification clauses are rarely litigated to this stage, making the outcome potentially precedent-setting for Montana governance.
Further filings and possible appeals are expected in the coming weeks as both sides await the Supreme Court’s determination on jurisdiction.