RIGHT TO KNOW: Governor’s Office mandated to produce all requested public information in its possession notwithstanding that it overlaps pending mining Bad Actor litigation in which the requester is a party, may withhold individual documents it believes exempted on a recognized ground… pending litigation is not a recognized exception, discovery is not adequate alternative to right to know requests… mandamus denied as to DOA which does not maintain public records merely because it maintains computer systems in which they are stored… Abbott. [Read more…]
Judicial appointments, SB 140 appointments by Governor
JUDICIAL APPOINTMENTS: SB 140 direct appointment by Governor does not violate Art. VII §8(2)… original proceeding. [Read more…]
Campaign finance, COPP subpoena power
CAMPAIGN FINANCE: COPP may subpoena witnesses but must seek court authority to subpoena documents… McMahon affirmed. [Read more…]
Appellate disqualification, SB 140 challenge
APPELLATE DISQUALIFICATION: Challenge to SB 140 to be heard by the 6 Associate Justices (response to Governor’s motion to disqualify judges who participated in SB 140 poll, Justices did not participate in poll)… order. [Read more…]
Elections, unauthorized Green Party signature gathering
ELECTIONS: Montana Green Party properly excluded from ballot because it was not associated with signature gathering by Republican Party… Reynolds affirmed (other grounds). [Read more…]
Political practices, CPP subpoena power
POLITICAL PRACTICES: Supervisory control of McMahon denied as to ruling that MAPA rather than Campaign Practices statute gives CPP subpoena power… order. [Read more…]
Taxes, religious school credit
TAXES: Religious schools tax credit violates Art. X §6. . . DOR exceeded rulemaking authority in attempting to cure constitutional deficiency. . . Ulbricht reversed. [Read more…]
Elections, “pro-job growth” mailers
ELECTIONS: Entity that wanted to distribute “pro-job growth” mailers that mentioned candidates in upcoming Montana elections properly found subject to political committee reporting/disclosure requirements. . . Christensen affirmed (memorandum). [Read more…]
Political contributions, Citizens United test
POLITICAL CONTRIBUTIONS: Wrong standard applied for permanently enjoining enforcement of Montana’s restrictions on contributions, must be tested under more restrictive Citizens United test… Lovell reversed. [Read more…]
Elections, political committee disclosures
ELECTIONS: Election-eve request for preliminary injunction against enforcement of political committee disclosure laws denied… Christensen. [Read more…]