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Bill to record and disclose judicial deliberations prompts constitutional and privacy concerns
Summary
SB 40 would require recording and retention of Supreme Court closed conferences and make those records public after a case becomes final, with redactions for privacy. Chief Justice Corey Swanson warned the committee that open deliberations are uncommon nationally, highlighted internal process and confidentiality concerns, and committee members pressed on scope and potential privacy risks.
Senate Bill 40, presented by Senator Greg Hertz and requested by the Senate Select Committee on Judicial Oversight, would revise public-record laws to require electronic recording and a written record for closed Supreme Court deliberations and make those records available to the public once the case becomes final, allowing redaction where privacy clearly outweighs disclosure.
In opening remarks the sponsor argued Article II, Section 9 of the Montana Constitution grants citizens a broad right to know and that the judiciary should not be categorically…
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