O'Neill v. Governor of Montana
Through the Right to Know, the Montana Constitution guarantees that Montanans may always access documents that public bodies use and produce in their decision-making processes. Montana citizen Jayson O'Neill submitted a public information request in May 2021, asking the Governor's Office for copies of "Agency Bill Monitoring Forms." An invention of the Gianforte Administration, the precise contents of these forms remains a mystery. The Governor refused to produce any information in response to O'Neill's request, claiming that the forms were subject to attorney-client privilege, and that even the number of Agency Bill Monitoring Forms created and shared within his Administration was privileged. O'Neill challenges this claim and has filed suit to protect Montanans' right to transparency and public participation in government.
Filings / Press
Seaborn Larson, Governor sued for denying records request, Helena Independent Record (September 21, 2021)
Plaintiff's Motion for Summary Judgment (April 20, 2022)
Plaintiff's Brief in Support (April 20, 2022)
Defendant's Cross Motion for Summary Judgment (July 1, 2022)
Defendant's Brief in Support of Their Motion for Summary Judgment, and in Opposition to Plaintiff's Motion for Summary Judgment (July 1, 2022)
Plaintiff's Brief in Opposition to Defendant's Motion for Summary Judgment, and Reply in Support to Plaintiff's Motion for Summary Judgment (July 15, 2022)
Darrell Ehrlick, Gianforte mum about legislative tracking form, claims executive, deliberative privilege, Daily Montanan (April 21, 2022)
Governor claims new restriction on ‘Montanans’ Right to Know’, Valley Journal, (April 26, 2022)
Michael Marino, Governor Refused Access to Public Documents, Lawsuit Alleges, Montana News Medium (April 28, 2022)