Public Records in Montana

Montana has one of the strongest constitutional protections for public records access in the United States. Article II, Section 9 of the Montana Constitution, adopted in 1972, provides that no person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies. This constitutional right of access is self-executing, meaning it does not depend on the legislature passing implementing legislation. Montana courts have vigorously enforced this right, and the state's open government traditions run deep in its political culture.

To access public records in Montana, submit a request to the relevant government agency. Montana does not require written requests, and you do not need to state a reason for wanting the records. Because the right of access is constitutional, agencies bear a heavy burden to justify any denial. Montana counties maintain property records through clerk and recorder offices, and the Montana Judiciary provides online access to court case information through its case management system.

Online Access

Montana courts maintain an online case search system through the Judicial Branch website. The Department of Revenue offers property tax information online. The Secretary of State provides business entity searches.

While the Montana Constitution Right to Know establishes a strong presumption that government records are open to public inspection, certain categories of information are exempt from disclosure. Understanding these exemptions is important when submitting records requests in Montana.

• Individual privacy demands that clearly exceed the public's right to know
• Criminal justice information restricted by federal law
• Trade secrets and proprietary business data submitted to government
• Security information for public buildings and infrastructure
• Certain personnel records and evaluations
• Active criminal investigation files where disclosure would harm the investigation

If you believe records have been improperly withheld, Montana provides avenues for appeal. Contact the relevant oversight body or consult our guide to filing public records requests for tips on handling denials.

Montana's right of access is rooted in Article II, Section 9 of the state constitution, supplemented by statutory provisions in Montana Code Annotated Title 2, Chapter 6. The constitutional provision is one of the broadest in the nation, providing that no person shall be deprived of the right to examine documents or observe deliberations of all public bodies or agencies of state government. The legislature has enacted implementing statutes, but the constitutional right is independently enforceable.