Senate committee downs Motl confirmation

HELENA – Commissioner of Political Practices Jonathan Motl will need his confirmation blasted to the Senate floor and then a majority vote to stay in the job he's held since 2013.

The Senate State Administration Committee voted 4-3 against the confirmation and tabled the resolution along party lines, with Republicans opposing Gov. Steve Bullock's appointee.

Motl said he would only be disappointed if the committee's vote was the final word. He expects the Senate will want to vote to debate the matter.

Sen. Jon Sesso, D-Butte, pitched the resolution for Motl's confirmation and said he "has demonstrated and ability to be firm, fair and unbiased in carrying out professional duties."

Staff from the Office of Political Practices and people who knew Motl as a lawyer noted his efficiency dealing with a backlog of cases and called him a good manager. They praised his honesty, work ethic, responsiveness to the public and knowledge of campaign finance law.

Motl "really brings to the table justice in law," said Amy Sings in the Timber, director of the Montana Justice Foundation.

"Every single project and initiative we've worked on, Jon has brought to the table the rule of law, that all officers of government are held to the same standards of law, of ethics as every citizen is," she said.

Rep. Art Wittich, R-Bozeman, was among several Republican opponents to the confirmation with pending cases against them. Testimony was at times vicious.

Wittich will go to trial in 2016 for a case involving Western Tradition Partnership, a dark-money group that attacked certain Republicans in primary races. Nine Republican candidates worked with Direct Mail and Communications, a printing company in Livingston, which was part of the non-profit, making for a campaign violation, Motl contends.

Wittich said Motl targets conservative political enemies while ignoring others.

"It's not justice," he said. "Some targets have given up instead of fighting the unlimited resources of the state. I plan on winning."

Wittich said the case will cost him tens of thousands of dollars and he plans to file a counter claim for malicious prosecution.Appointing Motl would "bring further shame to this office and to justice itself," the Bozeman Republican said.

Ron Murray, who lost a primary in Gallatin County, said he connected with the Livingston printers because "as a small business person I am always looking for the best price," but Motl made him "guilty by association."

"Jonathan Motl has used me to play politics," he said. "I'm guilty of knowing people and trying to run for office one time in my life."

Terry Bannan of Belgrade, a former candidate also wrapped up in the case, said he "found myself to be in the cross hairs of a political bully" and had to spend thousands defending himself.

"The office of political practices should be irrefutably nonpartisan," he said.

Sen. Doug Kary, R-Billings, a member of the committee, said in explaining his no vote that a price for printed goods is at fair market value when it's what the seller and buyer agree on, much as when Motl charged an initiative campaign in the 1990s $50 instead of $100 an hour for his work.

Former commissioner Ed Argenbright told the committee the position has too much power. He said a heavy-handed approach can discourage good candidates from running because "if you run afoul of a law, it could cost you thousands of dollars."

Motl has had campaign violation against him from work on initiatives and has contributed to liberal campaigns, said Travis Butcher of Winifred.

Butcher called Motl a "known and convicted abuser of Montana campaign finance law."

Chris Shipp, head of the Montana Republican Party, said Motl is "judge and jury" and biased. Sen. Scott Staffanson, R-Sidney, and Helena attorney Chris Gallus also opposed the confirmation.

Motl wasn't called for questions — no one was — but said at the hearing that his opponents' information was wildly inaccurate and the hearing was partisan. He said the controversy sprang from Republican primaries, with complaints from fellow Republicans.

Sesso defended Motl's character and said his investigation found the commissioner to be "fair and even-handed."

Sen. Jedediah Hinkle, R-Bozeman, said he voted against Motl's appointment because he found him to be acting as a partisan lobbyist during the session and didn't think Motl should have expanded complaints to include more candidates.

Committee member Sen. Sue Malek, D-Missoula, praised Motl for his work taking on Western Tradition Partnership, which she said used tactics that were "disgraceful and distasteful" and "unconscionable," cloaked in secrecy and attacking Republicans she respected with "lies."

Reach Tribune Staff Writer Kristen Inbody at kinbody@greatfallstribune.com. Follow her on Twitter at @GFTrib_KInbody.