New Montana Supreme Court case is a win for transparency
In a major boost to Montanans’ constitutional right to know, the state Supreme Court ruled that citizens who successfully sue for public records are presumptively entitled to recover their attorney’s fees. With this precedent, courthouse doors are more accessible to those who have been wrongfully denied their right to know.
Montana Environmental Information Center v. Governor changes the calculus for those seeking government transparency and for government officials and agencies withholding information. Going forward, when a citizen prevails in a right to know lawsuit, the starting assumption is that the government will compensate them for their costs — including attorney’s fees — in bringing the constitutional challenge. “When a party succeeds in litigation based on a right to know request,” the court wrote, “it has performed a public service in ensuring that Montana's government is appropriately transparent and accountable to the people.”
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