Lincoln County Commission v. Nixon

1998 MT 298, 968 P.2d 1141, 292 Mont. 42, 55 State Rptr. 1222, 1998 Mont. LEXIS 282
CourtMontana Supreme Court
DecidedDecember 8, 1998
Docket98-273
StatusPublished
Cited by9 cases

This text of 1998 MT 298 (Lincoln County Commission v. Nixon) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lincoln County Commission v. Nixon, 1998 MT 298, 968 P.2d 1141, 292 Mont. 42, 55 State Rptr. 1222, 1998 Mont. LEXIS 282 (Mo. 1998).

Opinions

JUSTICE TRIEWEILER

delivered the opinion of the Court.

¶1 Plaintiff Lincoln County Commission filed this action in the District Court for the Nineteenth Judicial District in Lincoln County, Montana, for the release of investigative material held by the defendant Lincoln County Sheriff and the Criminal Investigation Bureau of the Montana Department of Justice (CIB). The District Court issued an order in which it denied the Commission’s request for a hearing, denied the Commission’s request for dissemination of the investigative material, and denied the Commission’s request for fees and costs. The District Court then dismissed the complaint and application for release of investigative materials with prejudice. The Commission appeals from that order. We reverse and remand.

¶2 The dispositive issue on appeal is:

¶3 Did the District Court err when it dismissed the Commission’s application without conducting an evidentiary hearing or in camera review?

FACTUAL BACKGROUND

¶4 On March 31, 1998, the members of the Commission were informed that they were the targets of an investigation initiated by the office of the Lincoln County Sheriff. The investigation related to the allegedly improper use of county funds for mileage and meal expenses.

[44]*44¶5 Detective Craig Martin, then in charge of the investigation, took the statement of Commissioner Larry Dolezal on April 1,1998. The detective assured Dolezal that a copy of the statement would be made available to him. The next day, Dolezal requested a copy of his statement from the Sheriff’s Office. On April 3,1998, Lincoln County Attorney Bernard Cassidy informed Detective Martin that, due to potential conflicts of interest, the investigation should be turned over to the CIB.

¶6 On April 6,1998, a newspaper article was published which revealed details of the investigation. A follow-up article appeared two days later. According to the newspaper, an “unidentified spokesman from the Lincoln County Sheriff’s Office” provided the information for the articles. Two other area newspapers subsequently revealed that they had also been approached by an “unidentified spokesman from the Lincoln County Sheriff’s Office.”

¶7 The Lincoln County Sheriff advised Dolezal and the Commission on April 7, 1998, that the investigative materials were unavailable because they had been turned over to the CIB. On April 14,1998, the CIB informed the Commission that because the investigation was ongoing, the materials would not be released.

¶8 The Commission filed the underlying complaint and application in this matter on April 23,1998. The complaint alleged that based on Article II, Section 9, of the Montana Constitution, the Commission was entitled to examine the investigative file. The Commission then scheduled an evidentiary hearing for May 20,1998.

¶9 In response, the CIB asserted that the investigative file contained confidential information, the release of which would compromise both the investigation and the privacy interests of informants and witnesses. The CIB included an affidavit from the principal agent assigned to the investigation which stated that the agent believed that the investigation would be compromised by the disclosure of the identities of “informants, witnesses or victims,” or the information they provided.

¶10 The District Court canceled the hearing. The Commission then renewed its request for an evidentiary hearing and requested in the alternative that the District Court conduct an in camera inspection of the investigative file.

¶11 The District Court denied the requests, denied the application for dissemination of the investigative materials, and dismissed the complaint with prejudice.

[45]*45DISCUSSION

¶ 12 Did the District Court err when it dismissed the Commission’s application without conducting an evidentiary hearing or in camera review?

¶13 Our standard of review for a district court’s conclusions of law is whether the court’s interpretation of the law is correct. See Bozeman Daily Chronicle v. City of Bozeman (1993), 260 Mont. 218, 222, 859 P.2d 435, 437.

¶14 Article II, Section 9, of the Montana Constitution, provides:

No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.

¶ 15 The “right to know” is not an absolute right. It is balanced by the “demand of individual privacy,” a right which is also guaranteed by Montana’s Constitution: “The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.” Art. II, Sec. 10, Mont. Const.

¶16 A constitutionally protected privacy interest exists when a person has a subjective or actual expectation of privacy which society is willing to recognize as reasonable. See Montana Human Rights Div. v. City of Billings (1982), 199 Mont. 434, 440-41, 649 P.2d 1283, 1287.

¶ 17 In addition to the relevant provisions of the Montana Constitution, the dissemination of criminal justice information is addressed by the Criminal Justice Information Act. See §§ 44-5-101 to -515, MCA.

¶18 Section 44-5-103(3), MCA, defines confidential criminal information to include criminal investigative information. Information collected by a state agency, such as the Lincoln County Sheriff’s Office or the CIB, during a criminal investigation is therefore included within the definition of confidential criminal information.

¶19 Section 44-5-303, MCA, sets forth the restrictions on the release of confidential criminal information:

[Dissemination of confidential criminal justice information is restricted to criminal justice agencies, to those authorized by law to receive it, and to those authorized to receive it by a district court upon a written finding that the demands of individual privacy do not clearly exceed the merits of public disclosure.

[46]*46¶20 A person is “authorized by law” to receive confidential criminal justice information pursuant to Article II, Section 9, of the Montana Constitution. See Allstate Ins. Co. v. City of Billings (1989), 239 Mont. 321, 325, 780 P.2d 186, 188. We reaffirmed this holding in Bozeman Daily Chronicle, 260 Mont. at 224, 859 P.2d at 439.

¶21 In Allstate, an insurance company sought access to law enforcement investigative files which contained information related to the death of one of its insureds. We held that the right to know permitted the insurance company access to the widest breadth of information possible, tempered only by the privacy rights of those identified in the investigative materials.

¶22 Our decision in Allstate included the following language:

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Lincoln County Commission v. Nixon
1998 MT 298 (Montana Supreme Court, 1998)

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Bluebook (online)
1998 MT 298, 968 P.2d 1141, 292 Mont. 42, 55 State Rptr. 1222, 1998 Mont. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-county-commission-v-nixon-mont-1998.