Eight Montana media organizations, including Montana Free Press, have moved to join a lawsuit challenging the secrecy of communications between Montana legislators, lobbyists, and stakeholders during bill drafting. The lawsuit emerged after legislative staff began redacting important details about who lawmakers consult while drafting bills. This redaction followed a court ruling protecting communications involving Sen. Keith Regier, R-Kalispell, linked to a political redistricting controversy.
Media outlets contend the Legislature overstepped by broadly applying the ruling favoring Regier in a specific case, thereby infringing on public access to crucial legislative communications. They argue this action breaches the right-to-know provision in the Montana Constitution, established by a 1995 court order. The news organizations demand that the court instruct Legislative Services to cease redacting documents as the lawsuit proceeds, a process that may take several months.
Apart from Montana Free Press, the petitioners include The Associated Press, Montana Broadcasters Association, and several other key media groups. Central to the issue are “junque files,” which contain drafts and communications between lawmakers, lobbyists, legislative staff, and other contributors. These files might reveal, for example, discussions between oil refinery lobbyists and legislators on pipeline tax cuts or amendments proposed by lobbyists from various sectors.
In October, the Montana Environmental Information Center (MEIC) sued to halt redactions, with backing from David Saslav of Great Falls and Kaylee Hafer, a Butte public defender. All were denied access to unredacted junque files. MEIC had previously succeeded in establishing junque files as public records in a 1995 lawsuit. No opposition was reported from other parties regarding the media’s intervention in the current lawsuit, which is now before a Cascade County District Court.
The case that prompted the redactions involved voters disputing the 2023 Legislature’s redrawing of Public Service Commission districts. Critics argue these districts, heavily Republican, weaken urban voting power. The bill was spearheaded by Sen. Regier, who resisted producing communications related to the redistricting. Media organizations assert that Regier’s protected privilege should not extend beyond the redistricting matter, insisting the public’s right to document access is a longstanding principle.
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