Court Sides with Transparency in Montana
In a major legal victory for government transparency and accountability, the Montana Eighth Judicial District Court has ruled in favor of public access to legislative records, striking down a Legislative Services Division policy that had restricted access to “junque files”—internal documents related to the drafting of state legislation.
The case, Saslav v. Howe, was brought on behalf of public interest plaintiffs by a legal team that included attorneys from Morrison Sherwood Wilson Deola, a Helena-based law firm with a strong track record in constitutional and public interest litigation. The Court’s decision affirms the Montana Constitution’s Article II, § 9 right to examine public documents and invalidates a 2024 policy that had attempted to shield communications between legislators and outside stakeholders—such as lobbyists and private “contact people”—from public view.
These junque files, maintained by the nonpartisan Legislative Services Division, typically include draft bill language, correspondence with stakeholders, legal notes, and supporting documents. For decades, these records had been treated as public documents, accessible to journalists, watchdog groups, and ordinary Montanans seeking insight into how laws are made.
Judge John Kutzman rejected this interpretation and granted both a preliminary injunction and a writ of mandamus, ordering:
Immediate production of complete, unredacted junque files requested by the plaintiffs and intervenor media organizations;
A halt to any enforcement of the Legislative Services Division’s September 2024 redaction policy;
Compliance with longstanding practice of unredacted public access to these files for all future requests.
In the ruling, the Court emphasized that the right to access public documents is not subject to government discretion, stating:
“The framers did not except bill drafts or bill-draft requests from [the public’s right to know], and the Court is not authorized to find such an exception where one does not exist.”
The order makes clear that legislative privilege cannot be used to obscure the role of lobbyists or private-sector actors in shaping legislation. Judge Kutzman concluded that returning to the 30-year status quo of transparency is not only legally required but necessary to protect constitutional rights:
“The government suffers no harm from an injunction that merely ends unconstitutional practices and/or ensures that constitutional standards are implemented.”
As part of the legal team, Rob Farris-Olsen and Kim Wilson of Morrison Sherwood Wilson Deola were proud to help uphold the principles of transparency and open government in Montana. Based in Helena, our firm is committed to protecting constitutional rights and holding public institutions accountable to the people they serve.
This case is a reminder that transparency is not just a democratic ideal—it’s a constitutional mandate in Montana.