School Days and the Innocence of Youth

By Bob Decker
January 8, 2009

After the mass swear-in and other opening day ceremonies on Monday, January 5, the Legislature embarked on some instructional exercises, intended to introduce its members – especially, no doubt, the newcomers – to fundamental procedural concepts and the constitutional requirements of lawmaking.

On Tuesday morning, the House and Senate gathered in the House chambers to attend “Law School,” then in the afternoon heard a budget analysis from the Legislative Fiscal Division, which provides staff support for the Legislature. Both sessions were well executed by capable and experienced people.

The curriculum of the “Law School” leaned heavily on legislative obligations and expectations as defined by the Montana Constitution. Greg Petesch, Director of the Legal Services Office (also a staff adjunct of the Legislature) gave an engaging speech about the separation of powers between governmental branches. You can get a good taste of his interpretive skills on his summary of the subject of open party caucuses in the Legislature here.

The topic of how party caucuses, long the sacrosanct, cigar-smoked, and roped-off venues of partisan strategy that are now, thanks to the Montana constitution, government transparency advocates, and favorable judicial decisions, open to the public, was one of several subjects addressed by Helena attorney Mike Meloy, once a Speaker of the House (“before typewriters were invented,” he exaggerated as he surmised the illegality of text-messaging by legislators during committee meetings) and now a specialist on open government law.

Helena District Court Judge Jeffrey Sherlock and Supreme Court Justice Jim Rice partnered on the subject of judicial review. A revealing aspect of their presentation occurred in the Q/A session that followed their speeches. Five legislators, all Republicans, asked questions relating to the limits of judicial authority and access to and abuse of the court systems. It was clear that their party is jazzed about the issue of judicial authority (think “activism”), and they didn’t miss the opportunity to create conversation about one of their peeves (see my earlier post).

In the afternoon, the Legislative Fiscal staff reminded the legislators that the sole measure mandated by the constitution to be passed by the Legislature is a budget bill, then followed with news that it had – for the second time in a month - decreased its 2009-2011 revenue estimates by another $135 million, with more downsizing possible during the course of the four-month legislative session.

On Wednesday morning, several committees held their kick-off meetings, most dedicated to introductions and review of protocol, but few bill hearings. The House Tax Committee has dedicated most of the time during its daily meetings this week to briefings from the Department of Revenue on state tax structure, the department’s mission and activities, and the gnarly subject of property reappraisal. Department Director Dan Bucks led off the presentation, once again demonstrating his skill at describing tax policy with passion and making compelling connections between fair and just tax policy and an adequately funded and publicly supported government.

For the first couple of days of the legislation, the atmosphere was light and acrimony-free. Veteran legislators exchanged backslaps and hugs, committee leaders gaveled with olive branches (heaven, we must believe, will be bipartisan), and many legislators demonstrated the social skills and wit that aided them, no doubt, in their electoral success.

Of many clever quips and good jokes, the best may have been one told by Supreme Court Justice Jim Rice: Explaining to his House-Senate audience that he had served in the House during the 1990s, he recounted knocking on innumerable doors during one campaign season. At one stop, upon the opening of the door, a pet ferret raced from the house and up Rice’s pant leg. In immediate pursuit was a five-year-old boy, saying, “He bites! He bites!”

“Needless to say,” closed Rice, “I didn’t let that squirrel get to the top of the tree.”