Montanans challenge legislature’s new policy to conceal documents
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News from Rylee Sommers-Flanagan, Upper Seven Law
GREAT FALLS — On Oct. 30, two Montana citizens and a public interest environmental advocate filed a legal action in Montana District Court in Great Falls against the Legislature Service Division for withholding documents that have, for decades, been considered to be public information. David Saslav of Great Falls, Kaylee Hafer of Butte, and the Montana Environmental Information Center (MEIC) sought emergency relief to stop the Montana Legislature from keeping the documents confidential.
“For decades Montanans had access to these documents. Now, the Legislature is blocking Montanans from reading public documents, opening the door for special interests and corporations to lobby, cut deals, and even draft entire laws for legislators in total secrecy,” said Derf Johnson, Deputy Director of MEIC. “Transparency and accountability are bedrocks of the Montana Constitution, and we won’t allow politicians or their staff to eliminate Montanans’ constitutional right to know.”
In September, the Legislative Services Division, which provides bill drafting and other support to the Montana State Legislature, announced a new policy that requires legislative staff, when they receive information requests, to obtain a legislator’s approval before releasing documents to the public. Under Legislative Services’ new policy, the public is being denied access to documents that legislators may selectively choose to withhold. This new policy reverses over 25 years of public access to these documents.
“The Montana Constitution protects Montanans’ right to know and the Legislature gets no free pass,” said Rylee Sommers-Flanagan, Executive Director of Upper Seven Law. “The constitutional convention delegates specifically discussed using the right to know to hold legislators accountable. This unconstitutional attempt to block Montanans from knowing what is inside public documents would be laughable if it weren’t so sinister.”
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, and members of the public who participate in the legislative session.
“I care deeply about understanding the environmental laws that our elected officials are drafting, debating, and voting on,” said plaintiff David Saslav. “This new policy prevents me and all Montanans from knowing how our laws are being written and from participating fully in the legislative session.”
“As a lawyer, I am deeply concerned by this attack on Montanans’ right to know,” said plaintiff Kaylee Hafer. “It is my responsibility to represent everyday Montanans and to participate in the lawmaking process when a law could impact my clients. Now the Legislature wants to draft laws in secret because they want to stop me and other Montanans from holding politicians accountable to our best interests.”
Upper Seven Law together with Rob Farris-Olsen and Kim Wilson of Morrison Sherwood Wilson Deola represent the plaintiffs.
