Montana district court clerks are raising concerns over the bulk transfer of private information from the state judiciary to the legislative branch’s audit division, fearing for individual privacy rights. These clerks, tasked with safeguarding confidential information such as psychological profiles, parenting plans, and contact information for assault victims, oppose the Legislative Audit Division’s full access to the “FullCourt Enterprise” system. This system holds critical sealed records related to involuntary commitments, foster care, and sensitive criminal details.
Carly Anderson, chair of the Montana Association of Clerks of District Court, expressed concerns about privacy risks involved in this data transfer, stating they are currently evaluating their options. The release of this information by the Office of the Court Administrator, led by Dave McAlpin, is part of an agreement with the legislative auditor’s office. However, McAlpin’s office has not responded to inquiries regarding this matter.
The audit division is undertaking a performance audit on district court caseloads, relying on its legal authority to review state agency records. According to the provided agreement, the Legislative Audit Division is committed to maintaining confidentiality. The Montana Office of the Court Administrator, which manages the judicial branch’s resources, is responsible for this data transfer. McAlpin, who has a background in legislative roles and child advocacy, is at the center of the decision.
State law typically requires judicial approval for releasing sealed records, a point of contention for Richland County Attorney Tom Halvorson. He criticized the decision, stating, “the public’s privacy is being invaded on a mass scale” without judicial oversight. His opinion comes after objections were raised by Richland County District Court Clerk Janice Klempel.
In 2023, legislation aimed to expand the auditor’s power over private information, even suggesting penalties for withholding records. Senate Bill 73 passed but was vetoed by Gov. Greg Gianforte, who argued against leaving privacy protection to “an unelected bureaucrat.”
While clerks contemplate their next steps, no legal action has been initiated. McAlpin plans to provide FullCourt Enterprise access to the audit division after business hours on July 24.
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