MontanaSupreme Court would record deliberations and release files after cases end
If enacted, Montana's Supreme Court would record closed deliberations and make those records available after each affected case becomes final.
What it does
Closed Supreme Court deliberations would be electronically recorded, with written records listing meeting details, discussion, votes when requested, and documents the court considered.
After a Supreme Court case is final, the public could inspect recordings, written records, and related case information, subject to limited privacy redactions.
Argument forPublic access after a case ends could help people understand how the Supreme Court reached decisions without exposing active deliberations.
Argument againstPreparing recordings and detailed written records, then reviewing them for privacy redactions, could add work for the Supreme Court.
More detail
The Montana Supreme Court would electronically record closed deliberation meetings and keep a written record that includes the documents it considered. This applies to closed Supreme Court meetings involving judicial deliberations in adversarial proceedings. The electronic recording would be the official meeting record. The written record would include the information required for meeting minutes and all documents considered by the court. If enacted, the requirement would apply beginning October 1, 2025.
The public could inspect the Supreme Court's electronic recording and written record after the case becomes final. This covers records of closed judicial deliberations and Supreme Court information related to an adversarial proceeding. The court could redact confidential information when a party's or witness's privacy clearly outweighs public disclosure. A case becomes final after the time to appeal to the United States Supreme Court expires; if an appeal continues, it becomes final after all appeal issues are settled and no further appeal is possible. If the Supreme Court sends any part of a case back to a lower court, the case is not final until all appeal issues are settled and no further appeal is possible. If enacted, public inspection would begin when the affected case becomes final, with the act taking effect October 1, 2025.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 27(S) Veto OverrideLatest
- May 27(S) Veto Override Vote in Progress
- May 12(S) Vetoed by Governor Greg GianforteMajor
- May 6(S) Transmitted to GovernorTo Governor
- May 6(H) Signed by SpeakerPassed House
- May 6(S) Signed by PresidentPassed Senate
- May 2(S) Returned from Enrolling
- May 1(S) Sent to Enrolling
- Apr 30(S) 3rd Reading Free Conference Committee Report
- Vote recorded Do Adopt. Result: pass.Upper
- Vote recorded Do Adopt. Result: pass.Lower
- Apr 30(H) 3rd Reading Free Conference Committee Report
- Apr 30(S) Scheduled for 3rd ReadingMinor
- Apr 30(H) Scheduled for 3rd ReadingMinor
- Apr 29(H) 2nd Reading Free Conference Committee ReportMinor
- Vote recorded Do Adopt. Result: pass.Lower
- Vote recorded Do Adopt. Result: pass.Upper
- Apr 29(H) Scheduled for 2nd ReadingMinor
- Apr 29(S) 2nd Reading Free Conference Committee ReportMinor
- Apr 29(S) Scheduled for 2nd ReadingMinor
- Apr 25(H) Free Conference Committee Appointed
- Apr 25(S) Free Conference Committee Appointed
- Apr 24(S) Hearing - Free Conference Committee on SB 40
- Apr 16(S) 2nd Reading House AmendmentsMinor
- Vote recorded Do Not Concur. Result: pass.Upper
- Apr 16(S) Scheduled for 2nd ReadingMinor
- Apr 15(S) 2nd Reading Pass ConsiderationMinor
- Apr 12(H) Returned to Senate with Amendments
- Apr 11(H) 3rd Reading
- Vote recorded Do Concur. Result: pass.Lower
- Apr 10(H) 2nd ReadingMinor
- Vote recorded Do Concur. Result: pass.Lower
- Apr 8(H) Committee Report - (H) Judiciary
- Vote recorded be_concurred_in_as_amended. Result: pass.Lower
- Apr 8(H) Committee Executive Action - (H) Judiciary
- Apr 3(H) Hearing - (H) Judiciary
- Mar 26(H) Hearing Canceled - (H) Judiciary
- Mar 25(H) Hearing - (H) Judiciary
- Mar 24(H) Hearing Canceled - (H) Judiciary
- Mar 19(H) Hearing - (H) Judiciary
- Jan 30(H) 1st Reading
- Jan 30(H) Referred to Committee - (H) JudiciaryMinor
- Jan 29(S) Transmitted to House
- Vote recorded Do Pass. Result: pass.Upper
- Jan 29(S) 3rd Reading
- Jan 29(S) Scheduled for 3rd ReadingMinor
- Jan 28(S) 2nd ReadingMinor
- Vote recorded Do Pass. Result: pass.Upper
- Jan 28(S) Scheduled for 2nd ReadingMinor
- Jan 27(S) Fiscal Note Printed
- Jan 27(S) Fiscal Note Unsigned
- Jan 24(S) Fiscal Note ReceivedMinor
- Vote recorded do_pass_as_amended. Result: pass.Upper
- Jan 24(S) Committee Report - (S) Judiciary
- Jan 24(S) Committee Executive Action - (S) Judiciary
- Jan 22(S) Hearing - (S) Judiciary
- Jan 7(S) Referred to Committee - (S) JudiciaryMinor
- Jan 6(S) 1st Reading
- 2024
- Dec 12(S) Introduced
- Dec 12(LC) Draft Delivered to Requester
- Dec 6(LC) Draft Ready for Delivery
- Dec 5(LC) Draft in Assembly
- Dec 4(LC) Draft in Final Drafter Review
- Dec 4(LC) Draft in Input/Proofing
- Nov 25(LC) Draft in Edit
- Nov 22(LC) Draft in Legal Review
- Oct 24(LC) Drafter AssignedIntroduced
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