In Montana's Constitution, Section 9 of the Declaration of Rights reads: "No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure." (Aerial Mike/Adobe Stock)

A Montana District Court this week issued a preliminary injunction maintaining the public’s right to know about legislative bills but the case will need to be revisited for a final decision.

The Montana Constitution protects the public’s right to review bill draft files. Last year, the Legislative Services Division made a policy restricting the right, arguing legislators have the right to prevent the public from seeing those files.

Anne Hedges, policy and legislative director for the Montana Environmental Information Center, a plaintiff in the case, said the policy is counter to the state constitution, which was written to keep the public “front and center in our government.”

“They are the ones that elected officials are supposed to be representing and working on behalf of,” Hedges pointed out. “They have a right to know and a right to participate in government decision-making.”

Hedges noted her organization won a case on similar grounds in 1995. The injunction this week will maintain the right to know through the current legislative session but litigation will likely be needed to reach a final decision.

Rylee Sommers-Flanagan, founder and executive director of Upper Seven Law, an attorney for the plaintiffs, noted access to bill drafts is important for the public but also for legislative staff, lobbyists and the press, who she said joined the lawsuit with separate representation.

“If you don’t have access to the information that you need in a timely manner, it will impact your ability to participate effectively in the lawmaking process,” Sommers-Flanagan contended.

She added the Montana Constitution, adopted in 1972, has some of the strongest protections for such rights in the country.

Support for this reporting was provided by The Carnegie Corporation of New York.