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Governor Sued Over Appointing Legislator to Lead State Commerce Department

The former state representative is the fourth legislator-turned-department head for Gianforte

By Tom Lutey, Montana Free Press
Gov. Greg Gianforte attends a ribbon cutting ceremony for the Bridge Street Bridge on June 25, 2025. Hunter D’Antuono | Flathead Beacon

A Jefferson County man is suing Gov. Greg Gianforte for appointing a state legislator to lead the Montana Department of Commerce.

Commerce Director Marta Bertoglio was appointed June 16, a couple hours after resigning her Montana House seat representing Jefferson County. One of the former representative’s constituents, Jordan Williams, argues that the Montana Constitution’s “disqualification provision” bans legislators from appointments to state civil office.

In a lawsuit filed Wednesday in Lewis and Clark County District Court, Jordan asks that Bertoglio, a three-term lawmaker from Clancy, be stopped from working at Commerce and that the Department of Administration be blocked from paying the former representative.

The governor’s general counsel, Anita Milanovich, countered in a letter to Williams’ attorney that state civil office positions are independent and not overseen by someone with superior power. The governor oversees the commerce director, Milanovich argues, which means Bertoglio doesn’t act independently. 

The Bertoglio appointment marks the fourth time Gianforte has appointed a state legislator to a position within state government. The lure of state employment has the potential to influence lawmakers’ decisions, argued attorney Andres Haladay with Upper Seven Law on behalf of Williams.

“Unconstitutional gubernatorial appointments send the message that part-time citizen legislators — who in 2025 made a salary of $128.86 per day — might win a six-figure golden ticket to an appointed state civil office if they promote [the] governor’s political interests over the needs of their own constituents,” Haladay said in the lawsuit. The other three appointees were former Rep. Jimmy Patelis, R-Billings, appointed to the Montana Board of Pardons and Parole in 2021, former Sen. Bob Brown, R-Trout Creek, appointed Montana Lottery director in 2024; and former Rep. Paul Green, R-Hardin, also appointed commerce director in 2024.

This story originally appeared in the Montana Free Press, which can be found online at montanafreepress.org.

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