Helena, Montana – A legal dispute between Montana’s attorney general and a county attorney continues to unfold as Attorney General Austin Knudsen asks the Montana Supreme Court to dismiss a petition challenging his authority to supervise local prosecutors.
The latest filing stems from a disagreement between Knudsen and Audrey Cromwell, the Gallatin County Attorney, over policies involving cooperation with federal immigration authorities.
According to Knudsen’s reply filed with the court, Cromwell’s petition seeking to end the attorney general’s supervisory control should be rejected. The dispute began after Knudsen invoked his supervisory authority on April 30 when Cromwell allegedly refused to reverse a policy that did not recognize U.S. Immigration and Customs Enforcement as a criminal justice agency for the purpose of sharing confidential criminal justice information.
The attorney general’s office argues that Cromwell’s challenge is not based on a legal injury and instead asks the court to decide what it describes as a political dispute.
Attorney general argues case should be dismissed
In the filing, Knudsen contends that Cromwell lacks standing to bring the case because she has not suffered any legal harm. His office also argues that a court ruling on the merits of the dispute would effectively amount to an advisory opinion, which is prohibited under the Montana Constitution.
The case, known as Cromwell v. Knudsen, focuses largely on the extent of the attorney general’s authority over county attorneys and whether that authority was properly exercised in this situation.
Knudsen’s reply points to state law that outlines the relationship between county attorneys and the attorney general’s office.
“The code governs her office’s relationship vis-à-vis the Attorney General; that statute in turn makes this a political question. And the Montana Legislature has declared that she has no right or duty to interpret and apply this statute independent of the Attorney General’s authority,” Attorney General Knudsen wrote.
The filing also cites Montana statutes that grant supervisory authority to the attorney general over county attorneys.
According to the attorney general’s office, state law authorizes the attorney general “to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices and from time to time require of them reports as to the condition of public business entrusted to their charge.”
The law further states that “[t]he supervisory powers granted to the attorney general by this subsection include the power to order and direct county attorneys in all matters pertaining to the duties of their office.”
Ongoing dispute over supervisory authority
The current filing is not the first request from Knudsen asking the state’s highest court to dismiss the case.
On May 14, the attorney general submitted an earlier response urging the Montana Supreme Court to reject Cromwell’s petition. The new filing expands on those arguments and again asks the court not to take up the challenge.
At the center of the dispute is the question of how much authority the attorney general has to direct county attorneys when disagreements arise over the handling of official duties and the interpretation of state law.
The Montana Supreme Court will ultimately decide whether Cromwell’s petition may proceed or whether the case should be dismissed as requested by Knudsen. The outcome could have significant implications for the relationship between the attorney general’s office and county prosecutors across Montana.
