HELENA — Former Montana Senate President Sen. Jason Ellsworth, R-Hamilton, had another appearance in court Thursday morning, about a month and a half before a scheduled second trial on a charge of official misconduct. He was scheduled to be arraigned on an updated charging document, but that didn't happen after objections from his attorneys.
Ellsworth appeared by video before state District Judge Chris Abbott.
(Watch the video for more on where the case stands now.)
The case dates back to December 2024, when Ellsworth is accused of trying to evade procurement laws in awarding a state contract to a friend and business associate. A jury found him guilty of official misconduct in July, but the verdict was thrown out because evidence was inadvertently provided to the jurors that should not have been.
State prosecutors filed an update to the charge against Ellsworth last month. The new document specifically alleges that Ellsworth violated his authority as Senate president when he emailed a pair of proposed contracts to a legislative staffer. The contracts, together worth about $170,000, were for Agile Analytics – a company founded by Ellsworth’s associate – to track a series of judicial reform bills during the 2025 legislative session. Prosecutors argued the only reason the contracts were split in two was to avoid additional state review.
While Ellsworth was set for an arraignment on the updated document Thursday, his attorneys argued the judge was first required to hold a hearing on whether the case should be moved out of Lewis and Clark County. The defense claims the state has not proven the alleged offense occurred within the county, so it is not the proper venue for the case to be heard.
Abbott expressed frustration, saying he wouldn’t have scheduled the arraignment if he knew the defense was going to make this objection, but he agreed to delay it and schedule a hearing on the defense’s motion Nov. 12.
Ellsworth’s attorneys have also moved to dismiss the case altogether. They argue the amended charging document makes a different allegation against Ellsworth than the original did, so it should be treated as a new charge – and therefore subject to the statute of limitations. Prosecutors must file a misdemeanor charge within one year of when the alleged offense happened.
“If it is a change as to substance, then the statute of limitations does apply – so it's critical,” said attorney Martin Judnich.
Prosecutors said they hadn’t changed their allegations, just made them more specific. Assistant Attorney General Dan Guzynski said the email of the contracts was part of their original claims against Ellsworth.
“We had an expansive date that lasted maybe four to five weeks where this crime occurred – we talked about that at trial,” he said. “All the state did was limit it to one day.”
Ellsworth’s attorneys could soon file even more motions challenging the case. Attorney Joan Mell said she intended to argue Ellsworth’s email was specifically protected under his legislative privilege, and to file a request to disqualify Abbott from presiding over the case.
Currently, Ellsworth’s new trial is set to begin Dec. 14.
