Bertoglio suit could hinge on 1936 decision

A lawsuit challenging Gov. Greg Gianforte’s appointment of then-state representative Marta Bertoglio as state commerce director could hinge on a nearly century-old decision anchored in Montana’s original constitution.

The legal action, filed Aug. 6 in Montana’s First Judicial District Court by public interest firm Upper Seven Law, argues that the appointment of Bertoglio, who was in her third term as representative of House District 75, violated the current Constitution’s Article V, Section 9, widely known as the “disqualification provision”: “No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office under the state.”

This marked the fourth time Gianforte appointed a state legislator to an executive position. The governor named Jimmy Patelis (HD 52) to the Montana Board of Pardons and Parole in 2021 and last year appointed Paul Green (HD 51) to be Bertoglio’s predecessor as commerce director and Bob Brown (SD 7) to run the Montana Lottery.