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Montana bill aims to roll back court’s recognition of executive privilege for governor’s records
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Summary
Representative Ed Staffman introduced House Bill 271 to limit a Montana Supreme Court‑recognized executive privilege and restore broader public access to governor’s office records, arguing the change would align law with Montana’s constitutional right to know.
Representative Ed Staffman told the Senate Judiciary Committee that House Bill 271 is intended to restore long‑standing transparency in executive branch records after a recent Montana Supreme Court decision recognized a common‑law executive privilege for the governor.
Why it matters: The sponsor said the court’s decision expanded an executive privilege that previously had not been asserted by Montana governors, and that the ruling requires costly in‑camera court reviews that limit public access. Staffman said the bill would distinguish between documents involving policy, politics or legislative matters and those involving personal privacy or statutorily confidential records and would reassert the legislature’s authority to modify common law by statute.
Supporters told senators they regularly help citizens make records requests and that the court decision has created confusion and a practical barrier to access. Durf Johnson of the Montana Environmental Information Center said the bill sets narrow boundaries and could reduce the need for expensive litigation over disclosure. Witnesses cited Article II, Section 9 of the Montana Constitution (the right to inspect public records) and asked the legislature to act to preserve public access.
Committee discussion: Senators asked how the bill would prevent the governor from designating broad categories confidential. The sponsor replied the bill narrows the scope of executive privilege to personal privacy interests and statutorily confidential records; disputes would still sometimes require court review. Representative Staffman said he prepared a historical memo prepared by Evan Barrett documenting prior administrations’ handling of disclosure and that the legislature has the authority to override common law privileges.
No formal votes were recorded in the hearing.
