Citizens, Advocate, and Press Win Challenge to Legislature’s New Policy to Conceal Documents
CONTACTS
Rylee Sommers-Flanagan, Upper Seven Law, 406-396-3373, rylee@uppersevenlaw.com
Anne Hedges, Montana Environmental Information Center, 406-461-9546, ahedges@meic.org
David Saslav, Great Falls citizen, 406-315-3733, dsaslav@gmail.com
GREAT FALLS, MT – Today, the Montana District Court in Great Falls ordered the Legislative Services Division to return to its long-held practice of producing legislative documents related to the drafting of a bill to members of the public under the Montana Constitution’s right to know. The court decided in favor of two Montanans, the Montana Environmental Information Center, and the press in a legal action that challenged a new policy that withheld documents related to legislative bill drafting that have, for decades, been considered public information. The ruling in Saslav v. Howe comes early in the 2025 legislative session and will allow members of the public to review bill draft files.
“Legislative Services, legislators, lobbyists, journalists, and the public all understood for the past 30 years that these files were subject to the constitutional right to examine public documents,” wrote the court. The court found that Legislative Services has a clear legal duty to produce these documents in full on request and that the new policy of withholding documents related to bill drafting, adopted in September, violates the public’s fundamental right to know. The court ordered Legislative Services to produce the plaintiffs’ requested bill drafts in full and prohibited Legislative Services from enforcing its secrecy policy going forward.
“Having the public’s right to know upheld is refreshing,” said lead plaintiff David Saslav. “This is the Montana I know and love, and I’m guessing the hundred citizens who worked together tirelessly to enshrine that right in Montana’s tremendous Constitution back in 1972 would agree.”
“We’re happy to see the judge agree that Montana’s constitutional rights mean something, and that access to public documents is a cornerstone of democracy, especially in the legislative process,” stated Anne Hedges, Policy & Legislative Director of the Montana Environmental Information Center (MEIC). “Montanans will be able to access critical information on bill drafts, and to better understand the reason, purpose, and people behind proposed legislation.”
In September, the Legislative Services Division, which provides bill drafting and other support to the Montana Legislature, announced a new policy that affirmatively withheld documents requested by the public under the constitutional right to know. The policy contradicted over 30 years of practice, and required a legislator’s approval before releasing documents to the public. Under Legislative Services’ new policy, if a legislator failed to approve the request, the public was denied access to documents.
“In Montana, the right to know keeps the people in charge of the government,” said Rylee Sommers-Flanagan, Upper Seven Law’s Executive Director and an attorney for the plaintiffs. “All power in government flows from the people and transparency keeps our representatives honest and accountable. The court’s decision today enforces the Montana Constitution.”
In October, David Saslav of Great Falls, Kaylee Hafer of Butte, and MEIC sought emergency relief to stop the Montana Legislature from shrouding the bill drafting process in secrecy. In December, eight Montana media organizations petitioned to join the lawsuit.
Plaintiffs Saslav and Hafer both requested junque files on proposed legislation related to their areas of interest in the first week of October. Junque files are the complete file of records related to how a bill was drafted, including details about who proposed it and conversations between bill sponsors, lobbyists, out of state interest groups, and other legislators. This type of information about what has gone into a bill is essential to journalists, other interest groups, legislators, and members of the public who participate in the legislative session.
Upper Seven Law together with Rob Farris-Olsen and Kim Wilson of Morrison Sherwood Wilson Deola represented the plaintiffs.
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