HELENA — Public Service Commissioner Brad Molnar asked a district judge Friday to block Gov. Greg Gianforte’s one-year suspension from the state Public Service Commission, arguing the governor’s action deprived him of due process and disenfranchised voters who elected him.
Court hearing in Helena
Attorneys for Molnar, Gianforte and other commission members presented arguments before District Judge Mike Menahan in Helena. Molnar’s lawyer, Matthew Monforton, asked the court for a preliminary injunction that would allow Molnar to return to the commission while his legal challenge to the suspension proceeds.
Gianforte suspended Molnar last month citing an investigative report that found Molnar made “repeated and unwelcome sex-based remarks,” behaved unprofessionally toward staff and retaliated against employees who complained or participated in the investigation. The suspension was set for one year and would remove Molnar from official duties without pay.
Claims of denied process and political motive
Monforton told the court that Molnar was not given the opportunity for a full hearing in which he could present evidence or cross-examine accusers. He argued that Molnar received "much less" due process than required and that the suspension deprived voters of representation on the commission.
“Commissioner Molnar and other elected officials in the state are not entitled to more due process than state employees, but they're not entitled to less, Your Honor,”
Monforton also told reporters the investigation and the suspension were politically motivated. Molnar declined to participate in the probe, he said, on the grounds that the process violated Molnar’s rights.
Governor and commission responses
An attorney representing Gov. Gianforte, Dale Schowengerdt, said Molnar did have a chance to respond to the governor’s request for suspension and that the governor’s solicitation of Molnar’s responses constituted process. Schowengerdt argued Molnar is seeking a different result through the courts, rather than the administrative steps already taken.
Natasha Jones, representing the three commissioners who voted to require Molnar to work remotely following the investigation, told the court that allowing Molnar back into the workplace while the case moves forward could harm employees who filed complaints.
Broader stakes: commission operations and energy decisions
The dispute comes amid heightened scrutiny of the Public Service Commission, the elected body charged with regulating utilities across Montana. Molnar’s absence has already complicated commission operations; a lawsuit filed in parallel asks that major decisions — including consideration of a proposed NorthWestern Energy merger — be paused until the legal fight over Molnar’s status is resolved.
Molnar’s attorneys say the suspension causes "irreparable harm" because he cannot participate in PSC hearings, deliberations or votes while suspended. They warned that even a favorable court ruling could come too late if the one-year suspension remains in effect through the end of the case.
Timeline
| Date | Event |
|---|---|
| July (previous month) | Gov. Greg Gianforte announces one-year suspension of Commissioner Brad Molnar, citing investigation findings. |
| August (current month) | Molnar files suit and seeks preliminary injunction; hearing held before District Judge Mike Menahan in Helena. |
What’s next
Judge Menahan will consider arguments from both sides before deciding whether to grant a preliminary injunction that would restore Molnar to the commission during the litigation. The litigation’s pace could determine whether Molnar’s challenge meaningfully alters the one-year suspension, given its fixed duration.
- Molnar’s position: suspension violated his right to due process and disenfranchised voters.
- Governor’s position: procedural steps were taken and the suspension responds to findings of unprecedented behavior.
- Commission members: restoring Molnar immediately could risk further harm to staff who complained.
The outcome will affect not only Molnar’s role but also the commission’s capacity to handle contested utility matters while the litigation proceeds. For now, Molnar remains suspended and the commission operates with his seat functionally absent pending the court’s ruling.
Reporting from the Helena hearing continues as parties await the judge’s decision.
