High court rejects legislative secrecy
Montana’s Supreme Court has reaffirmed the state’s longstanding commitment to government transparency, rejecting efforts by lawmakers to conceal the inner workings of the legislative process. The ruling in Saslav v. Howe is a victory for open government advocates and a critical test of the state’s constitutional right to know. At the heart of the decision was whether the Montana Legislature can invoke legislative privilege to withhold bill drafting records — known as junque files — from public scrutiny.
Junque files often contain communications between lawmakers, lobbyists, legislative staff, and other stakeholders, detailing proposed amendments, policy discussions, and the influence of interest groups on bill drafting. Public access to junque files is critical for ensuring government transparency and accountability, as they reveal the influence of lobbyists and interest groups on legislation, helping to prevent undue influence, corruption, and secret policymaking.
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