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Federal judge weighs whether to bar commissioner from in-person work at the PSC
The judge is considering whether the ban protects 40 PSC employees or unlawfully punishes Molnar for criticizing colleagues and NorthWestern Energy.
On Thursday, a District Court Judge held a hearing to determine if the Public Service Commission properly banned Public Service Commissioner Brad Molnar from in-office work or if the action constitutes retaliation for speech protected by the First Amendment.
The Public Service Commission's report concluded Molnar violated policies by retaliating against staff, including "leering" at one employee, and recommended mitigating risk by requiring remote work and requesting Gov Greg Gianforte temporarily suspend him.
Representing the PSC, attorney Natasha Jones argued the ban protects 40 employees from hostile behavior, while attorney Matthew Monforton claimed the policy violation finding was "prior restraint" intended to silence Molnar's public criticisms of NorthWestern Energy.
Judge Donald Molloy questioned whether commissioners would have acted without Molnar's criticisms, yet he expressed little hope for negotiated resolution due to intense acrimony, calling for professional behavior and stating the case "never would have landed in court otherwise."
Molnar contends he is being punished for making other commissioners "look bad" regarding their oversight of NorthWestern Energy; while he remains open to an apology as a future event, the core dispute over his physical office access remains unresolved.