HELENA — Public Service Commissioner Brad Molnar asked a Montana district judge on Friday to allow him to resume his duties while he contests Gov. Greg Gianforte's one-year suspension, a legal fight that has intersected with a separate court filing seeking a pause in consideration of a proposed NorthWestern Energy merger.
Legal fight centers on suspension and agency participation
At a hearing before District Court Judge Mike Menehan, Molnar’s attorney, Mathew Monforton, argued the suspension is politically motivated and is imposing immediate, irreparable harm because Molnar is barred from taking part in Public Service Commission hearings and deliberations.
“The governor is not going after Brad Molnar, however. He's going after Montana ratepayers. Brad Molnar just happens to be standing in the way,”
Monforton told reporters the officeholders’ removal has economic and reputational consequences for Molnar and that a preliminary injunction is needed because the court will not be able to resolve the case before the one-year suspension expires.
Gianforte announced the suspension nearly a month ago, citing what he described as “unprecedented behavior” based on the findings of an investigation into allegations that Molnar engaged in harassment of commission staff, sex discrimination and retaliatory conduct. Molnar has denied those allegations.
“I recognize a suspension of an elected official by a governor is unprecedented in state history,”
Gianforte wrote in an email referenced in court documents. He said the suspension was effective immediately and without pay, and that Molnar’s return would be contingent on completing required training.
Merger review now tied to commission dispute
Complicating the dispute, a separate lawsuit was filed asking a court to halt all consideration of a proposed NorthWestern Energy merger until the Molnar case is resolved. The filing contends the commission’s work on the merger should not proceed while the composition and authority of the commission remain in question.
The lawsuit does not change the allegations against Molnar but frames the suspension and the legal challenge as having potential consequences for the regulatory process and for Montana ratepayers should a major utility transaction be considered by a commission missing one of its elected members.
- Molnar seeks a preliminary injunction to return to the Public Service Commission while he fights the suspension.
- Gianforte suspended Molnar for one year, citing an investigation's findings and requiring trainings for reinstatement.
- A separate lawsuit asks courts to pause review of a proposed NorthWestern Energy merger until the Molnar case is resolved.
During the hearing, Molnar’s legal team emphasized timing: even if the court expedites proceedings, it is unlikely to issue a final judgment before the one-year suspension period ends, effectively denying him meaningful relief unless his reinstatement is ordered now.
What’s next and what it means for Montanans
Judge Menehan heard arguments but did not issue an immediate ruling. If the court grants Molnar a preliminary injunction, he would be able to participate in the commission’s deliberations and hearings pending final resolution of the dispute. If the injunction is denied, the suspension would remain in effect and the separate lawsuit seeking to pause the NorthWestern review could gain traction on the argument that a full, elected commission should decide major energy matters.
The outcome raises practical questions for regulatory proceedings before the PSC. A pause in merger review would delay any decision on whether the proposed transaction — which involves a major utility serving Montana customers — can move forward, potentially affecting timelines for rate cases, infrastructure investments and other matters the commission oversees.
Molnar has publicly disputed the allegations that led to the suspension and framed the governor’s action as politically timed. Gianforte’s office has defended the suspension as necessary after the investigation’s findings and has tied Molnar’s return to completion of training requirements laid out in the suspension order.
| Key Dates | Event |
|---|---|
| July 9 | Gianforte communicated suspension and training conditions in an email referenced in court documents. |
| About one month later | Gianforte's one-year suspension of Molnar became effective. |
| Aug. 14 | Judge Mike Menehan heard arguments on Molnar’s request for a preliminary injunction. |
The court’s forthcoming decision will determine whether Molnar resumes his seat on the commission during the litigation and whether the merger review proceeds without interruption. Both outcomes carry implications for oversight of utility companies and for the timing of major regulatory decisions affecting Montanans.
Reporting from the courthouse continues as parties await a ruling. Additional filings and any order from Judge Menehan could shape the next steps in both the misconduct case and the related litigation over the utility merger.
