Montana’s legislative transparency is under scrutiny as a coalition of media outlets, including Montana Free Press, argues that concealing back-channel communications during bill drafting violates the state’s Constitution. The coalition, appearing in court in Great Falls, seeks an injunction to prevent the redaction of “junque files.” These files contain vital communications between lobbyists, legislators, and staffers during the drafting of bills. Legislative staff began redacting junque files in September after a court ruling shielded a Kalispell senator from providing evidence in a legal case, extending the ruling to documents considered public for over 30 years.
Attorney Kyle Nelson emphasized that the press uses junque files to inform the public about legislative processes, not for judicial proceedings. This contrasts with protections meant to shield lawmakers from intimidation by the executive and judicial branches. Attorneys for the Legislature argued that disclosing junque files would reveal lawmakers’ “preliminary mental impressions.” Brent Mead from the Montana Department of Justice maintained that these communications are part of lawmakers’ thought processes and should remain confidential.
A Montana Supreme Court ruling granted limited protections to Gov. Greg Gianforte, allowing him to keep certain consultations private, highlighting a tension between transparency and privilege. Journalists have argued that junque files enhance reporting by revealing the influence of lobbyists and stakeholders in bill drafting. Mike Dennison highlighted the importance of knowing which entities contribute to drafting bills, citing examples like energy companies and the insurance industry.
The lawsuit, filed by the Montana Environmental Information Center and others, seeks to restore public access to junque files based on a 30-year-old precedent. The media coalition’s intervention follows instances of receiving heavily redacted documents, limiting public insight into lobbyist involvement. The original arguments for transparency date back to Montana’s 1972 Constitutional Convention, emphasizing public access to legislative processes. The controversy arose from a court decision granting Republican Sen. Keith Regier privacy over his communications about redistricting, prompting legislative attorneys to create an opt-out form for disclosing communications with lobbyists and stakeholders.
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