“We just want to find out what went on, what was said and whether we can still get a fair shake here,” said Lance Lovell, a Billings attorney.
But the lawyer representing Schweitzer in the case said no such hearing is needed, and that no undue influence occurred.
Meloy also said if there's any question about the impartiality of Political Practices Commissioner Dennis Unsworth, the governor is willing to accept a hearings officer's ruling on the case.
Hearings officer William Corbett, a University of Montana law professor, is expected to issue his recommendation soon on the Republican Party's ethics complaint.
The complaint accuses Schweitzer of breaking the law by using state employees to prepare a radio public-service announcement using his name during campaign season.
Corbett held a hearing on the complaint Aug. 1, and he'll recommend how Unsworth should rule in the case. Unsworth makes the final decision on whether Schweitzer violated state ethics laws.
On Wednesday, Corbett informed both sides in the case that Unsworth had informed him about contact by Eric Stern, who is Schweitzer's senior counsel.
Unsworth said Stern had contacted him a few times about procedural questions in the case. But earlier this week, Stern gave Unsworth printed excerpts from the transcript of the Aug. 1 hearing, listing some comments made by Corbett about the confusing nature of the law in question.
Unsworth said he simply received the document, but felt it might be inappropriate contact, and informed Corbett.
Parties in a contested case are not supposed to contact the decisionmaker, except during hearings or written arguments, when both sides are given a chance to speak.
Lovell wrote a letter to Corbett on Thursday, asking for a public hearing to determine the details of Stern's contacts with Unsworth and asking that Stern appear as a witness.
“That's the only fair way to determine the extent of the improprieties,” Lovell said. “I think this is an unprecedented case of backdoor communication. It's an outrage.”
Unsworth said it's up to Corbett to decide what to do about the charge. Meanwhile, Corbett is expected to make his recommendation on the initial ethics charge soon, Unsworth said, after which Unsworth will issue his ruling on whether Schweitzer violated the law.
Meloy said he has instructed Stern to have no further contact with Unsworth.
Yet he also said there's no legal authority for a hearing as requested by Lovell. He also noted that the law prohibits Unsworth, not Stern, from initiating any contact, and that Unsworth has said Stern's contacts didn't influence him in any way.
“Mr. Lovell's letter is another unfortunate diatribe filled with defamatory rhetoric,” Meloy wrote. “Although he has no factual basis for his groundless accusations of illegality, he doesn't hesitate to cast an unfounded and ill-timed pall on these proceedings.”
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