JAYSON O’NEILL, Plaintiff and Appellee, v. GREG GIANFORTE, in his official capacity as GOVERNOR OF MONTANA, Defendant and Appellant

JAYSON O’NEILL, Plaintiff and Appellee, v. GREG GIANFORTE, in his official capacity as GOVERNOR OF MONTANA, Defendant and Appellant. Oral Argument is set for Friday, September 13, 2024, at 9:30 a.m. at the Wilma Theater in Missoula, Montana, with an introduction to the argument beginning at 9:00 a.m. After Governor Gianforte denied Jayson O’Neill’s request for 2021 Agency Bill Monitoring Forms sent to or from the Governor’s legal staff or Lieutenant Governor Juras, O’Neill sued for disclosure of the requested documents, asserting that he was entitled to them pursuant to his right to know under Article II, Section 9, of the Montana Constitution. In response, the Governor asserted that Agency Bill Monitoring Forms are protected by executive privilege and attorney-client privilege. The District Court concluded that Montana does not recognize any form of executive privilege. It further ruled that Agency Bill Monitoring Forms are not privileged in their entirety or categorically exempt from the right to know. It ordered the Governor to provide the requested documents and a privilege log to the court for in camera review. On appeal, the Governor argues the District Court erred in concluding that Montana does not recognize executive privilege and that he is entitled to protect Agency Bill Monitoring Forms from public disclosure because Montanan’s right to know is not absolute. He maintains that the Executive Branch has historically considered Agency Bill Monitoring Forms to be privileged and this Court should recognize that the Governor may invoke executive privilege to protect them.

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