Judge Rules Montana Commerce Director Appointment by Gov. Gianforte Unconstitutional

A judge ruled Montana’s commerce director appointment violated constitutional law.

Judge Elizabeth Best found that Gov. Greg Gianforte’s appointment of Marta Bertoglio as Montana Department of Commerce director was unconstitutional because she was a sitting legislator at the time. This decision enforces a long-standing constitutional provision designed to separate legislative and executive powers.

Under Montana Constitution Article V, Section 9, no legislator may be appointed to a civil office during the elected term. Bertoglio, appointed in 2025, holds a legislative term expiring January 7, 2027; thus, the court ordered the Department of Administration Director to cease her salary payments. The ruling relied on decades of case law, including a 1971 Montana Supreme Court precedent, and emphasized that resignation before appointment does not override the constitutional restriction. The Department of Commerce director holds significant independent authority despite reporting to the governor, underscoring the importance of clear separation of powers.

The governor’s office has not indicated whether it will appeal or who will now lead the department.

Montana businesses might watch this ruling closely, as it underscores the strict enforcement of state constitutional limits on appointments. Given Montana’s deep-rooted emphasis on institutional integrity and local governance, this decision may influence how executive-legislative relations unfold in the future.

Judge: Gianforte appointing sitting legislator to head Commerce Dept. was unconstitutional
By Darrell Ehrlick, Daily Montanan