Montana Supreme Court Strengthens Right to Know with Presumption in Favor of Attorney’s Fees
In a landmark decision issued on May 29, 2025, the Montana Supreme Court reinforced the state’s constitutional guarantee of government transparency by recognizing a presumption in favor of awarding attorney’s fees to prevailing plaintiffs in right to know cases.
The case involved the Montana Environmental Information Center (MEIC) and Earthworks, represented by Morrison Sherwood Wilson Deola, PLLP, a Helena-based law firm committed to protecting constitutional rights and public access. After MEIC was denied access to records from the Governor’s Office regarding environmental enforcement, it successfully compelled the release of those documents. Despite prevailing, the lower court denied MEIC’s request for attorney’s fees. On appeal, the Montana Supreme Court reversed that ruling and established a new standard designed to encourage future enforcement of transparency laws.
“When a plaintiff prevails on the merits of a right to know dispute, it means that… the government pushed back against the constitutional presumption and, in doing so, violated a fundamental right,” wrote Justice Laurie McKinnon in the Court’s opinion.
Key Legal Takeaways
This decision sets a vital precedent for all Montanans concerned with open government and access to public records. Highlights include:
A Rebuttable Presumption in Favor of Fees: Going forward, Montana courts must begin with the presumption that plaintiffs who prevail in right to know cases are entitled to reasonable attorney’s fees.
Promoting Public Interest Litigation: The Court recognized that enforcing the public’s right to know often comes at significant personal cost. Awarding fees helps level the playing field, allowing individuals and public interest groups to hold government entities accountable.
Structured Judicial Discretion: While district courts retain discretion, that discretion must now be exercised with guidance. Courts must consider whether the plaintiff acted reasonably and must provide clear reasoning if fees are denied.
Encouraging Government Transparency: By easing the financial risk of litigation, the decision incentivizes citizens and organizations to take action when government records are improperly withheld.
Advocating for Openness and Accountability
At Morrison Sherwood Wilson Deola, PLLP, our Helena, Montana attorneys are proud to have played a role in shaping this important development in Montana constitutional law. We believe that government transparency is fundamental to a healthy democracy and are committed to helping clients vindicate their rights under Article II, Section 9 of the Montana Constitution.
If you’ve been denied access to public records or believe your right to know has been violated, our experienced Montana right to know attorneys are here to help. Contact Morrison Sherwood Wilson Deola, PLLP today to schedule a consultation and learn how we can assist you in holding public institutions accountable.
MEIC and Earthworks were represented by Partners Rob Farris-Olsen and Kim Wilson.