HELENA — A Montana District Court Judge has granted a temporary restraining order blocking Governor Greg Gianforte from taking any action to suspend Montana Public Service Commission President Brad Molnar.
The order from Judge Mike Menahan comes one day after PSC voted, 3 - 2, not to rescind a letter sent by the PSC Response Team to Gianforte requesting that the governor place Molnar on temporary leave while the response team completes its investigation into allegations of inappropriate workplace conduct, including accusations of harassment and retaliation. The commission is comprised solely of Republican members.
Molnar has disputed the claims, saying the investigation is a violation of his constitutional rights. He has further alleged that it was an attempt to “overturn the will of the voters” and that the timing of the letter was conveniently around the same time they were hearing important rate cases.
Vice-President Jennifer Fielder, who heads the PSC Response Team, has alleged Molnar was actively trying to prevent the investigation from moving forward. On Wednesday at the PSC work session discussing the issue, she described what she sees as a “clear pattern of behavior,” including Molnar denying funding to the HR firm and legal representation working for the PSC Response Team.
The PSC Response Team would normally be headed by the PSC President, but is being headed by Fielder since the subject of the investigation is President Molnar.
The law cited in PSC Response Team’s request for the governor to place Molnar on leave has never been used.
In his order, Menahan points out that there is a way for commissioners to suspend a member themselves, needing four of the five members to vote in favor.
“Allowing Defendant Fielder to bypass these mandatory requirements would render such safeguards meaningless and create a dangerous precedent for circumventing democratic processes,” read the order signed by Menahan.
A hearing for a preliminary injunction is set for September 16, 2025.
Read Judge Menahan's full order:
Editor's note: This article initially included language from a draft order that Judge Menahan had initially approved on Thursday. That draft order included language about the PSC case involving NorthWestern Energy in its rationale for granting the order. However, late on Thursday, Judge Menahan issued an amended order that removed that language from the rationale.
