BILLINGS – A judge has ruled that Gov. Brian Schweitzer waited too long to challenge a ruling that he violated state ethics laws.
The ruling by District Judge Jeffrey Sherlock sends the legal dispute between Schweitzer and the Montana Republican Party back to political practices commissioner Dennis Unsworth to determine a penalty.
Last November, Unsworth ruled that Schweitzer, a Democrat, violated state ethics laws when he recorded a public service announcement using state funds after he filed for re-election.
Schweitzer appealed, but Judge Sherlock said in a ruling issued Wednesday that Schweitzer did not file the challenge within 30 days of the ruling. The judge added, however, that the governor will have another 30 days after the commissioner’s final order to appeal again.
Sherlock said it does not appear to be in dispute that Schweitzer filed for re-election on March 4, 2008, and the next day he and his aides produced two public service announcements promoting Montana agriculture.
The project used state offices, supplies and facilities while Schweitzer and two aides who worked on the project were being paid their public salaries, the judge said.
Schweitzer’s spokeswoman Sarah Elliott said Friday that no taxpayer money was used to broadcast the public service announcement.
“This was done at the request of a radio station … and the spot was aired for free,” she said. “It did not cost one red cent.”
Elliott’s comments did not specifically address the cost of preparing and recording the announcement.
“The law is confusing and ambiguous,” she said.
University of Montana law professor William Corbett, who acted as the hearing examiner, found the words “state funds” in the statute were ambiguous but still found that Schweitzer violated the rule and recommended a $750 fine.
The Republican Party has argued that if the law was not clear, Schweitzer should not have signed it after the Legislature passed it in 2005.