A group of news organizations, including the Daily Montanan, filed a petition on December 6 to join a lawsuit aimed at keeping all documents related to drafting bills, including communications between legislators, lobbyists, and others, available to the public under Montana’s “right to know” law.
For 30 years, people, including reporters and lobbyists, could request and access documents related to proposed legislation, called “junque files.” These files often include important communications and help show who is influencing a bill. However, in September, Montana Legislative Services, which writes bills for lawmakers, changed its policy. They now make bill draft files private by default unless a lawmaker agrees to release them.
The Montana Environmental Information Center (MEIC) filed a lawsuit in October, arguing that the new policy is unconstitutional. On December 6, the news organizations filed a motion to join the lawsuit to defend the public’s right to access these records.
The petition was supported by major Montana news outlets like Montana Free Press, The Associated Press, and The Daily Montanan. These outlets often use junque files in their reporting to provide transparency on the legislative process. The news organizations argue that having access to these files is crucial for informing the public about proposed laws, helping them understand who is behind bills, and allowing them to provide feedback to lawmakers.
The change in policy was made after a court decision in July where a judge ruled that some documents related to a new map for the Public Service Commission were protected by “legislative privilege.” In response, Legislative Services decided to make all bill draft files private unless waived by a lawmaker. The MEIC lawsuit challenges this new policy, arguing that it violates the public’s constitutional right to know.
The news organizations involved in the lawsuit emphasize that access to these files is vital for holding the government accountable and ensuring that the public has the information needed to participate in the legislative process. They argue that Montana’s constitution guarantees the public’s right to access government documents, including junque files, and that these records should not be kept secret without a clear justification.