The Department of Justice (DOJ) has officially opened a criminal investigation into former Montana Senate President Jason Ellsworth, R-Hamilton, following a referral from the Legislative Audit Division last week. The move intensifies scrutiny over Ellsworth’s role in a controversial no-bid contract that has already triggered ethical and legal debates within the state’s political arena.
DOJ Focuses on Criminal Conduct Allegations
Federal and state investigators are now reviewing potential violations of Montana’s criminal code in connection with Ellsworth’s actions while in office. The DOJ’s Division of Criminal Investigation confirmed that it would conduct a thorough probe but declined to provide additional details on the nature of the charges under review.
“We look forward to a legitimate fact-finding grounded in reality, not the political whims of a public servant clinging to his job,” said Ellsworth’s attorney, Joan Mell, pushing back against findings by the Legislative Auditor. The defense has consistently framed the investigation as politically motivated, arguing that Ellsworth’s actions do not constitute criminal behavior.
The $170,100 Contract That Sparked Controversy
Ellsworth found himself at the center of an ethics and criminal investigation after signing a $170,100 contract with a business associate. The agreement, which was intended to track and analyze judicial reform bills following the 2025 legislative session, raised immediate concerns among legislative and administrative staff.
Several red flags emerged:
- The contract originated as two identical agreements, which critics claim was an attempt to bypass procurement rules.
- The Legislative Audit Division found that Ellsworth abused his power and misused state resources.
- The Montana Senate Ethics Committee reviewed the findings and alleged both criminal and ethical violations.
Republican lawmakers, including Senate President Matt Regier, R-Kalispell, and Attorney General Austin Knudsen, questioned whether the DOJ was the correct venue for reviewing the ethical allegations. The DOJ, however, opted to proceed with the criminal aspects of the case.
Political Turmoil Deepens in the Senate
The fallout from Ellsworth’s contract has deepened partisan divisions within Montana’s Legislature. The Senate initially sought to investigate the matter internally, but Democrats argued that the issue had become too politicized for lawmakers to handle. As a result, the Senate voted on Feb. 6 to refer the case to the DOJ, a move that Republicans resisted.
Attorney General Knudsen weighed in, asserting that ethics violations among legislators fall under the exclusive jurisdiction of the Legislature itself. In a letter to Senate President Regier, Knudsen clarified that while criminal matters belong to the DOJ, ethical misconduct should be handled internally by lawmakers or through the state’s Commissioner of Political Practices.
“The Department of Justice takes no position at this time whether the allegations in the referred motion constitute a protected ‘legislative act,’” Knudsen wrote, emphasizing that such determinations require a fact-based analysis.
What Happens Next?
The DOJ’s decision to proceed with a criminal investigation means Ellsworth could face legal consequences if wrongdoing is established. However, the fate of ethical complaints against him remains uncertain.
With the Montana Senate and the DOJ at odds over jurisdiction, the case highlights a broader debate over accountability for public officials. As the investigation unfolds, it will test the boundaries between legislative oversight and law enforcement intervention, with potential ramifications for political governance in Montana.
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