BILLINGS — Montana’s ongoing right-to-die debate remains in a legal gray area, but a 2025 state Senate bill could redefine the issue.
A Kila senator is seeking to remove legal protections for doctors who assist terminally ill patients in ending their lives.
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At the heart of the discussion is a landmark 2009 Montana Supreme Court case, where the plaintiff was Billings truck driver Robert Baxter.
For his daughter, Leslie Mutchler, this debate is a deeply personal one she has endured not once, but twice.
A Father’s Struggle
Leslie Mutchler remembers her father as a man who loved hunting, fishing, and spending time with friends. But when he was diagnosed with chronic lymphocytic leukemia, his life became defined by suffering.
“It just got to the point where the treatment wasn’t working. He was miserable and was just ready to be done,” Mutchler recalled.
Mutchler says the suffering became so much that at one point, her dad considered ending his own life.
“He at one point talked about buying a gun and told my sister he had done it and was thinking about killing himself,” she said.
His battle ultimately led to a significant legal decision in Montana.
Baxter became a plaintiff in a Montana Supreme Court case that allowed doctors to use consent as a legal defense when providing end-of-life medication to terminally ill patients.
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“Basically, it was approached from a constitutional thing, that we have the right as Montanans to die with dignity, have that relationship with our doctors and ask for the medication,” she said.
Baxter died the same day the court issued its ruling at the age of 76, and he never got the chance to benefit from the decision himself.
But as Mutchler explains, his fight wasn’t in vain.
A Grandson’s Choice
Years later, Baxter’s legacy would grant Mutchler’s son, TJ Mutchler, the ability to make his own decision.
“The Supreme Court ruled in 2009, and in 2015, TJ had his first bout of pancreatitis,” she says.
TJ was diagnosed with stage four pancreatic cancer. Leslie once again watched a loved one endure a painful decline.
“They aren’t choosing to die. They already are dying. They are just choosing how much suffering they want to be put through,” she said.
With the legal precedent set by his grandfather’s case, and his family at his side, TJ was able to access medical aid in dying and passed away peacefully at the age of 36.
“I feel like I got an extra two and a half months with him when he finally had control and could decide when he finally had enough,” Leslie says.
The Legislative Fight
The state of Montana does not officially track how many residents have opted for medical aid in dying.
The lack of clarity, among other concerns, has fueled new legislative efforts to restrict the practice.
State Sen. Carl Glimm, R-Kila, is sponsoring Senate Bill 136 to redefine the issue, arguing that many Montanans are misinformed about its legality.
“Right now, there’s a lot of misinformation out there about this issue,” Glimm says. “There’s a lot of proponents that tell people that it’s legal, but it isn’t.”
Glimm’s bill seeks to prevent coercion and abuse in end-of-life decisions.
“I think that the public policy for the state of Montana needs to be that this shouldn’t be a practice,” he said. “Some of those last moments that people have with loved ones are some of the most important ones, and I would hate to see them take that away.”
“I think we need to send a clear message: Suicide is not the way out.”
A Call for Clarity
Leslie Mutchler, however, opposes Glimm’s bill, and she’s been fighting similar legislation for years with emotional testimony about her father and son at the Montana Legislature. She believes lawmakers shouldn’t decide how much suffering is too much.
“I don’t think the Legislature should decide when our suffering is enough,” she argues.
She does agree that Montana needs clearer direction on the issue and hopes to one day soon see it as a ballot initiative.
“I’d like to see it be put on the ballot before the people of Montana and let them decide,” she said.
