The Montana Supreme Court has affirmed the public’s right to access government meetings and disclosures related to the governor’s judicial appointments. On Tuesday, a five-justice panel sided with the Choteau Acantha newspaper and Montana Free Press against the governor’s advisory council, which had closed its meetings while considering candidates for a 9th Judicial District judgeship in 2023.
The advisory council claimed candidate privacy outweighed public interest, but the Supreme Court disagreed, supporting a prior decision by 1st District Court Judge Mike Menahan. Justice Jim Rice wrote, “Because we conclude that the statute governing the open meeting procedures was violated, we affirm the District Court’s determination that the advisory council’s meeting was subject to the open meeting laws and that a blanket closure was improper.”
The decision does not affect the appointment of Gregory Bonilla, chosen by Gov. Greg Gianforte. Acantha Publisher Melody Martinsen noted the lack of public insight into the council’s decision to forward both candidates, Daniel Guzynski and Bonilla, to the governor.
Martinsen objected in March 2023 when the advisory council closed its meeting to review the vacancy after Robert Olson’s retirement. Despite their privacy argument, Martinsen emphasized the public’s right to know. A 2021 law, Senate Bill 140, shifted the power to fill judicial vacancies from a commission to the governor, using input from advisory councils. In this case, an 11-member council reviewed candidates, with nine members preferring Guzynski.
Despite this, Gianforte appointed Bonilla, who now runs unchallenged for the role in the 2024 election. While some candidate information was available on the governor’s website, it lacked the transparency of council deliberations. Martinsen urged newspapers statewide to ensure this ruling is acknowledged, reinforcing the public’s right to know.
Montana Free Press Editor in Chief John Adams stated the case defended Montanans’ rights to transparent governance, asserting, “The court’s decision makes clear that blanket closures of public meetings violate Montana’s open meetings laws.” He emphasized that privacy must be balanced against the public’s right to governmental transparency.
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