Two members of the public, along with the Montana Environmental Information Center, are suing the state Legislature over a new policy they say violates their constitutional right-to-know.
Historically, emails sent between lawmakers, lobbyists and legislative staff regarding a draft bill have been publicly accessible through so-called “junque files”. But a court ruled this summer that those communications fall under legislative privilege. The Legislative Services Division then changed its policy, requiring staff to get approval from lawmakers before releasing records that include their communication with lobbyists and outside groups.
Plaintiffs in the case say this change bars the public from crucial information about how a bill is drafted and who supports it. House Minority Leader Kim Abbott said the files are important for public right to know, and she doesn’t want to see the policy changed until the court case is decided.
Legislative services and staff for Republican lawmakers did not immediately respond to MTPR’s request for comment.