Two bills proposed in the Montana House of Representatives propose the formation of grand juries through petition, a concept that has previously gained traction in the right-wing militia movement. This initiative revives a previously unsuccessful 2010 ballot measure.
In Montana, grand juries are comprised of ordinary citizens who have the authority to examine allegations of criminal behavior. It is essential to note that, according to both the state Constitution and Montana statute, the responsibility of assembling a grand jury lies solely in the hands of a district court judge.
Great Falls Republican Rep. Lola Sheldon-Galloway’s House Bill 405 and House Bill 589, the latter of which was heard in the House Judiciary Committee Thursday, aim to remove that restriction.
The bills are mostly identical, except for the fact that HB 405 suggests a constitutional amendment that needs voter approval, while HB 589 aims to amend a statute. Both bills instruct district court judges to form a grand jury if citizens can collect petition signatures from 0.5% of the voters in a county. However, House Bill 405 specifically states that county attorneys in the relevant areas are obligated to prosecute any indictment issued by the citizen grand jury, regardless of their own discretion in prosecuting cases.
On Thursday, Bart Crabtree, the president of a non-governmental group known as the Montana State Council on Judicial Accountability, emphasized that a grand jury holds significant importance as a constitutional right for us, the people.
Crabtree is the main driving force behind the bills. During the committee meeting, Sheldon-Galloway mentioned that a citizens’ group had requested her to carry the bills and directed lawmakers’ inquiries to Crabtree. Additionally, drafting materials for HB 405 indicate that Crabtree offered input on the wording of the proposals to legislative staff.
According to its website, the Montana State Council on Judicial Accountability aims to enhance direct citizen oversight over Montana’s judiciary and other government agencies. One of its main focuses is the implementation of citizen grand juries.
Crabtree himself has a troubled history with the judicial system. In 2017, he was convicted of embezzling more than $5,000 from a girls’ softball program in Great Falls. He established the Montana State Council on Judicial Accountability two weeks after he lost a state Supreme Court appeal of the conviction, according to the Helena Independent Record.
Crabtree imagines a scenario where 11-person grand juries possess complete freedom to investigate potential crimes, or simply seek reassurance that no crimes are being committed.
“The grand jury serves as both a sword and shield for the people, working diligently to apprehend wrongdoers and safeguard individuals from corrupt, vengeful, and excessively zealous governments,” states the website. “Citizens selected for the grand jury hold a superior position, surpassing judges and attorneys. As WE THE PEOPLE, we possess the rightful authority and lawful ability to apprehend those engaged in corruption.”
Supporters of HB 589 explained on Thursday that citizen grand juries provide an avenue for individuals to have their concerns heard when county attorneys refuse to address them.
“My concern is with the good ol’ boys club,” testified Lisa Bennett, a Carbon County activist who’s made waves in her community with sweeping claims of corruption and election fraud — claims the local county attorney has not pursued. “Attorneys are voted in, they’re paid by us, but they don’t work for us. Nothing can go forward unless the county attorney wants to press charges,” Bennett said
According to Brian Thompson, a lobbyist representing the Montana County Attorneys’ Association, the bills are deceptive and not as they appear. The association is against these proposals.
On Thursday, Thompson testified, “What we are witnessing here is not just a grand jury scheme, but rather a Spanish Inquisition scheme. It is an unjustifiable attempt to prosecute individuals, a process that can be initiated by anyone.”
According to Thompson, in regular circumstances, a prosecutor approaches a grand jury and provides evidence regarding an accused crime.
According to him, a grand jury serves as a safeguard for the citizens, as it involves seeking the opinion of individuals who are similar to the accused person, asking them, “Do I possess sufficient evidence to move forward and press charges against this individual?”
HB 589 and HB 405 represent a complete contradiction. Rather than upholding constitutional safeguards and due process for individuals, these bills mandate prosecution even if only a small fraction of people submit a petition.
In certain counties with low population, such as Petroleum, the bill sets a petition threshold that would only require less than 10 citizen signatures to compel a judge to impanel a grand jury.
After being assembled, the bill asserts that the jury holds complete authority over the length of its operation and the extent of its investigation. This essentially means that the jury has the power to investigate any matter. Prosecutors who fail to pursue charges based on the jury’s indictment may face accusations of obstructing justice and official misconduct.
The language of the bill, including the petition threshold, is largely based on a 2010 ballot initiative that aimed to amend the state Constitution, similar to what HB 405 currently suggests. However, the previous proposal, led by Duane Sipe, a political activist from Ravalli County, failed to gather sufficient signatures to be included on the ballot.
“With the political environment in the country going on right now, we have to open up some ideas,” Sipe told Lee newspapers in 2009. “It is my opinion, and it is a lot of people’s opinion, we’re headed away from what the founders intended. We’re going into way too much government.”
The idea gained traction at the time with the Montana Constitution Party. A representative of the party told the Flathead Beacon in 2009 that citizen grand juries would allow people to peacefully wrest control from the federal government.
Do not be mistaken: Their intention and past are centered around establishing a means to harass and intimidate individuals they perceive as enemies.
Travis McAdam, Montana Human Rights Network
According to The Beacon’s report, citizen grand juries, which are only legal in a few states, have primarily been utilized as political tools. An instance in Georgia exemplifies this, where a grand jury entangled in birtherism attempted to bring charges against the former President, Barack Obama.
In 2011, a Flathead County white supremacist tried to assemble a citizens’ grand jury to indict the Montana Human Rights Network, labeling it a “Jewish criminal organization,” according to the Missoulian. Several years later, the Bundy family sought to pursue indictments through grand juries in the midst of the occupation of Malheur National Wildlife Refuge.
According to Travis McAdam, who has been associated with the Montana Human Rights Network since 2011, the concept enjoys significant popularity within the extreme right-wing factions of American politics.
He stated, “There should be no doubt that their intention and past activities revolve around developing means to harass and intimidate individuals they perceive as adversaries.”
Drafting documents indicate that Crabtree himself appears to have been turned on to the idea by a far-right Texas organization with a chapter in Montana called Tactical Civics. The group, aside from advocating for citizen grand juries, also seeks to restore local militias. In 2021, it barred a Helena Independent Record reporter from attending an organizing event in East Helena.
In a 2021 press release, founder David Zuniga stated, “Militia has received negative criticism, and at times, it is justified. However, we want to clarify that we are not a militia group. Our chapters focus on educating people about civics and working towards the restoration of constitutional Militia.”
The state GOP’s platform as adopted last year also calls for “reforming the Grand Jury laws to better root out corruption.” Sheldon-Galloway is the party’s vice chair.
Thursday came and went without House Bill 589 receiving a vote. Additionally, House Bill 405 is still awaiting its turn to be heard in committee.
