Lawsuit challenges Bertoglio Commerce appointment

A public interest law firm on Wednesday challenged Gov. Greg Gianforte’s appointment of State Representative Marta Bertoglio as commerce director, arguing that the action violates the Montana State Constitution.

In a lawsuit filed in Montana First Judicial District Court, the firm, Upper Seven Law, cited the 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.”

The appointment in June of Bertoglio, who was in her third term as representative of House District 75, was the fourth by Gianforte of a state legislator to an executive position. Jimmy Patelis (HD 52) was named to the Montana Board of Pardons and Parole in 2021. Last year, Gianforte appointed Paul Green (HD 51) to be Bertoglio’s predecessor as commerce director and Bob Brown (SD 7) to run the Montana Lottery.