Lawyers give opening statements in Ellsworth trial
Jordan Hansen
HELENA (Daily Montanan) — Attorneys presented opening arguments on Wednesday in Lewis Clark District Court in the trial of former Montana Senate President Jason Ellsworth, who is accused of abusing his power while in office to give an approximately $170,000, no-bid, contract to a friend.
Ellsworth was stripped of nearly all privileges as a political official last year, though the state Senate stopped short of expelling him. He is charged with official misconduct, a misdemeanor, and could face up to a $500 fine and six months in prison.
Ellsworth, who represented the Bitterroot as a Republican, did not seek reelection in his district this year but instead attempted to run as a House Representative in eastern Montana, losing in the primary. Ellsworth has previously claimed legislative immunity for his role in the contract process.
His trial in front of Judge Chris Abbott began on Tuesday with jury selection and continued Wednesday, with opening statements and testimony from several witnesses.
State lawyers allege Ellsworth broke laws that were designed to prevent favoritism and cronyism.
“Government officials do not get to decide who receives taxpayer-funded contracts simply because they are friends, business associates, or someone they know,” said Daniel Guzynski, who gave the state’s opening remarks. “These procedures exist to protect taxpayers, to also give the vendors who would like to have these contracts, Montana businesses, the opportunity to competitively bid on these contracts.”
Ellsworth sent two contracts with invoices to Legislative Services on Dec. 26, 2024 for a total of approximately $170,000. Each of those contracts were less than $100,000 and the money came out of a fund controlled by the Governor’s Office. That money, if it wasn’t spent by Dec. 31, 2024, would have gone back to that office, state officials said on the stand Wednesday.
Ellsworth’s lawyers said he was not doing anything underhanded and he was within his “lawful authority” to approve the contracts.
“Evidence will show this was an agreement for services,” said Martin Judnich, a lawyer for Ellsworth. “This isn’t some type of kickback, some sort of government back-end contract for something … it’s a very simple contract for services.”
The contracts were for tracking legislation regarding the judicial branch and given to Bryce Eggleston, who Scott Boulanger, a long-time friend of Ellsworth’s, called Ellsworth’s “right-hand man,” during testimony Wednesday. Boulanger added that Eggleston worked for Ellsworth.
Eggleston’s company, called Agile Analytics, emailed the contracts and invoices on Dec. 26 at 3:11 p.m., to Ellsworth, who moved them on to Angie Carter, the Financial Director with Legislative Services, who also testified on Wednesday. That company was organized with the Secretary of State’s Office just days before, on Dec. 12.
Carter has worked with the state for 20 years and has handled contracts in multiple agencies, she said. She told the courtroom she was almost immediately concerned about the contracts.
“When I got the contracts and the invoices, I knew that it was not normal,” Carter said.
She added the two contracts were no-bid contracts, and explained parts of the contracting process to the jury.
The bills those contracts were supposed to track became a central discussion in the 2025 Legislature, with Republicans pushing much of the legislation in an effort to make the judicial system more partisan.
On the stand Wednesday, Boulanger said Ellsworth asked him in early January to come up with a bid for tracking the bills, which happened after the contract was executed, according to state lawyers.
When asked why he did it for Ellsworth, Boulanger said that “was the $64 million question.”
“I was just helping a friend,” Boulanger said. “I didn’t even know what it was for. He just asked me to, and I said sure.”
Additionally, Ellsworth sought work for Eggleston under Bowen Greenwood, the state’s elected Supreme Court Clerk of Court. Greenwood testified he talked with Ellsworth around 10 times about a position for Eggleston, but said he was “consistently” against adding the job, which would have been for public communications.
Greenwood also added his position, while elected, rarely issues any type of media content and it would be difficult to make his office’s work “newsworthy.” The Clerk of Court essentially ensures all Supreme Court documents are filed properly.
Ellsworth also ran in a primary for Clerk of Court, which he lost to Greenwood. Both Republicans, Greenwood wanted to mend fences, he said, so he took the time to discuss the idea of hiring Ellsworth’s friend.
“I wanted to reach out and kind of rebuild the relationship,” Greenwood said. “So I wanted to hear this out and see if, you know, there might be an area for an agreement. I wasn’t real enthusiastic about the idea of hiring a communications director.”
Ellsworth’s trial will continue on Thursday, with Carter on the witness stand.