Montana’s right to know

As Montanans, we enjoy one of the broadest rights to access to government information. The right includes both statewide local government agencies and departments. The basis for this “right to know” is Article II, Section 9 of the Montana Constitution, which provides:

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 demands of individual privacy clearly exceeds the merits of public disclosure.

Because this right is contained in the Constitution’s Declaration of Rights, it is a fundamental right. This right is unique, clear and unequivocal. Its purpose is to ensure that citizens have the ability to hold their government accountable and make informed decisions about the actions and policies of the state and its subdivisions.

In general, when a person requests documents under this provision, there exists a strong presumption against withholding documents. Indeed, it generally requires information regarding state government to be disclosed to the public. In fact, there is a constitutional presumption that every document within the possession of public officials is subject to public inspection. However, this presumption can be limited in cases of individual privacy, or when the information sought is protected by longstanding privileges such as the attorney-client privilege.

To request public information, an individual – even non-residents of Montana – must submit a request to the relevant governmental entity. The agency or department then must respond by either producing the information, stating a timeline and expected costs required to produce the information, or refuse to produce the information with a written explanation of the denial. If the agency denies the request, an individual may bring a suit to obtain the information. If successful, a litigant may recover their attorney fees and costs.

In all, Montana’s constitutional right to know is an important tool necessary for government transparency and accountability. MSWD has been helping Montanans obtain public information for nearly 30 years. For more information, please contact us or reach out to one of our right to know lawyers.