Montana’s high court has affirmed state lawmakers' ability to hold closed-door meetings when a quorum is not present.
Montana media organizations sued state Rep. Barry Usher last year when he deliberately sent lawmakers away from a meeting in order to avoid a quorum. Usher then conducted a closed-door meeting.
The state Supreme Court in a 6-1 vote upheld the lawmaker’s right to conduct business that way. Montana’s Constitution requires that their meetings are open to the public when a quorum is present.
Usher and House Minority Leader Sue Vinton lauded the decision in a statement. Usher said common sense prevailed.
Lee Banville, a professor of media law at the University of Montana, says the decision has far-reaching implications as it applies to all governing bodies like city councils and school boards.
“This is a roadmap for any public entity that wants to make most of its decisions in private and then come out and vote in a way that’s already been decided behind closed doors.”
Justice Mike McGrath wrote in the majority opinion that the court could not arbitrarily create a new definition of what violates the constitutional right to know. Justice Laurie McKinnon was the lone dissenter.
The Montana Broadcasters Association, of which Montana Public Radio is a member, was a plaintiff in the suit against Usher.
