Montana
Law firm asks judge to compel Gianforte, Brereton to produce communications – Daily Montanan
Attorneys for a Helena law firm have asked for summary judgment in a lawsuit against Montana Gov. Greg Gianforte and Department of Public Health and Human Services Director Charlie Brereton in an effort to compel them to produce records the firm requested but have been denied over claims of executive and attorney-client privilege.
Upper Seven Law asked Lewis and Clark County District Court Judge Christopher Abbott to grant its request in a filing Thursday, which came three months after the firm first sued Gianforte and Brereton in an attempt to obtain the records.
“The governor believes that holding the highest office in the state insulates him from the Montana Constitution’s transparency provision,” said Upper Seven Law Executive Director Rylee Sommers-Flanagan. “But the power of this office is precisely what the framers contemplated when they guaranteed Montanans a right to know. The governor’s policy decisions go to the heart of his service to Montana.”
The law firm in August asked the Governor’s Office and DPHHS for correspondence involving Gianforte’s General Counsel Anita Milanovich that referenced Senate Bill 458, a bill Gianforte signed that defines Montanans’ sexes as either male or female only, or SF-424 forms, which some state departments are required to fill out when applying for federal grants.
The form requires applicants to attest they will follow federal laws and standards, including anti-discrimination laws.
The firm specifically asked that the records custodian exclude communications directly from Milanovich to Gianforte and didn’t ask for emails exchanged with Brereton to try to avoid attorney-client privilege claims, according to court filings.
Upper Seven Law was looking for the communications because the firm was preparing to possibly sue over SB 458 (it did so in October) and had learned from social media posts that Milanovich had possibly “instructed Montana agencies to refuse to assure compliance with federal nondiscrimination law,” according to the lawsuit.
But the legal counsel for the Office of Public Information Requests denied the firm’s request, saying executive privilege had been asserted and that there were possibly documents that would be covered by attorney-client privilege. The governor is appealing a 2022 decision out of Lewis and Clark County District Court in which a judge ordered Gianforte to release records requested about bill tracking in the 2021 legislative session.
“We are aware that executive privilege is the subject of litigation and will reconsider this response if necessary on the final resolution with the Montana Supreme Court,” Office of Public Information Requests legal counsel Rebecca Narmore wrote, according to exhibits contained in the lawsuit.
DPHHS also denied the request on claims of executive and attorney-client privilege.
When the firm sued in October, it said the Governor’s Office and DPHHS had not provided any redacted documents or privilege logs — a list of records it considers private — and there was thus no way they could know if the documents were truly privileged or being withheld illegally on executive privilege claims the firm says do not exist under Montana law.
Three months later, the firm says nothing has changed, and Gianforte and Brereton continue to violate the public’s right to know under the state constitution.
The firm asked Judge Abbott to order they provide the court with the documents requested in camera so he can review them and see if any are truly covered under attorney-client privilege. It also asked him to order the two to produce a privilege log for any privileged documents and to provide any that are not covered to the firm.
In the request for summary judgment this week, the firm again asserted there is no executive privilege in Montana, that attorney-client privilege only shields legal advice between an attorney and their client and not all communications between them, and that even if there are privileged records, Gianforte and Brereton’s offices need to provide a privilege log or redacted responsive records under the law.
The request says the 1972 Constitutional framers did not contemplate any sort of executive privilege and the same court has recently upheld that notion, saying if there was executive privilege, it would be unclear whether any documents involving the Governor’s Office could be subject to the right to know.
“While the attorney-client privilege could theoretically protect a responsive email or a portion of the contents of the withheld communications, that possibility does not justify Defendants’ outright refusal to respond to Upper Seven’s requests and concomitant failure to produce a privilege log and redacted documents,” the filing says. “Twice in the last year, this Court has ordered that the executive branch must produce privilege logs in response to right to know requests.”
It also notes that lawmakers passed a bill in the 2023 session that further clarified how public information requests must be fulfilled, including procedures for the executive branch.
“Without a privilege log — or even a recognition that attorney-client privilege is distinct from the rejected executive privilege — it is impossible to know whether any of the requested documents may be shielded from disclosure,” Upper Seven Law attorneys wrote in Thursday’s request. “It is exceedingly unlikely that the requested documents are privileged.”
The law firm said that state agencies’ decisions not to comply with federal antidiscrimination law would also be a political decision and not legal advice, and that the right to know as it applies to the executive branch would be gutted if everything subject to potential future legal action triggered attorney-client privilege.
“The governor and DPHHS cannot withhold documents merely because they were produced by lawyers or discuss the law,” the filing says. “Here, the purpose of any guidance regarding SF-424 forms was to further the executive branch’s policies on discrimination — not to provide privileged legal advice.”
DPHHS and the Governor’s Office have said regarding the case that it does not comment on pending litigation.
In addition to the request that Abbott order a review of the documents and their release, the law firm has asked for a hearing in the event Abbott rules in their favor to ask for attorney’s fees.
2024-01-18 – SF-424 Brief in Support of Motion for Summary Judgement – FILED
Montana
8 Most Welcoming Towns In Montana’s Countryside
In these Montana towns a stranger rarely stays a stranger for long. Shopkeepers in Philipsburg know their regulars by name. Bigfork neighbors fill the same theater seats every summer. Livingston locals still swap trail tips with visitors over coffee. The welcome here comes from people who greet newcomers like they belong. These eight communities show what small-town Montana hospitality looks like up close.
Whitefish
Whitefish sits within an hour of Glacier National Park, and that proximity shapes everything about the town. Central Avenue runs on covered Old West walkways lined with local shops, restaurants, and galleries, and the crowd shifts with the seasons as skiers give way to summer hikers.
Glacier National Park draws visitors with hundreds of miles of hiking trails, alpine lakes, and the scenic Going-to-the-Sun Road. Closer to town, Whitefish Lake offers public beaches, boat rentals, paddleboarding, and fishing during the warmer months. When winter arrives, Whitefish Mountain Resort becomes the area’s main attraction, with ski runs, snowboarding terrain, and gondola rides overlooking the Flathead Valley. Even after a day outdoors, many visitors return to downtown Whitefish to browse local shops or settle in at the town’s restaurants and breweries.
Bigfork
Sitting on the northeastern shore of Flathead Lake, Bigfork pairs a working harbor with a downtown built around its artists. Galleries and studios cluster within a few walkable blocks, and the water is never out of sight for long.
Flathead Lake is the town’s biggest draw, with boating, kayaking, fishing, and swimming on the largest natural freshwater lake west of the Mississippi River in the lower 48 states. Just offshore, Wild Horse Island State Park lets visitors hike among native wildlife, including wild horses, bighorn sheep, bald eagles, and mule deer. Theater lovers can catch a Broadway-style production at Bigfork Summer Playhouse, which has staged live performances for decades. Before leaving town, visitors can browse the independently owned galleries and studios showcasing paintings, sculptures, ceramics, and other work by Montana artists.
Philipsburg
Philipsburg made its money in silver, and the painted storefronts along Broadway Street date to those boom years. The old buildings now hold local businesses, and the mining past is easy to trace from one block to the next.
A visit to Gem Mountain Sapphire Mine lets visitors sift through mining gravel for Montana sapphires, many of which can be cut into finished gemstones. Just outside town, Granite Ghost Town State Park preserves the remains of a silver mining community, with abandoned buildings that mark the region’s boom years. Those interested in local history can stop at the Granite County Museum, where exhibits cover the area’s mining industry and early settlement. Before leaving, many visitors make time for The Sweet Palace, a candy store that has become one of the town’s signature stops.
Livingston
Livingston sits on the Yellowstone River and serves as a northern gateway to Yellowstone National Park. Restored commercial buildings house an active arts scene, and the Absaroka Range rises just south of the rooflines.
The historic downtown works as the town’s main visitor area, with independent bookstores, outfitters, cafes, and long-standing local businesses inside restored commercial buildings. At the Yellowstone Gateway Museum, exhibits trace the region’s history through Indigenous presence, railroad expansion, and early settlement in the Yellowstone Valley. Small galleries across the downtown core show work by regional artists whose subjects often reflect the river valley and the mountains around it.
Red Lodge
Red Lodge marks the start of the Beartooth Highway, one of the highest paved roads in the country. Its compact, walkable downtown keeps locally owned shops and restaurants busy in every season.
The Beartooth Highway climbs into the Absaroka-Beartooth Wilderness and continues toward Yellowstone National Park, with steep mountain passes, alpine lakes, and long-range views. In winter, Red Lodge Mountain becomes a major recreation area for skiing and snowboarding, with terrain that draws residents and visitors alike. During the warmer months, hiking trails in the surrounding mountains open onto forests, ridgelines, and wildlife viewing areas. Downtown Red Lodge stays active year-round, with local businesses and historic buildings packed into a walkable core.
Choteau
Choteau sits where the prairie meets the Rocky Mountain Front, and dinosaurs put it on the map. Fossil beds nearby produced some of the most important dinosaur nesting discoveries in North America, and the town leans into that history.
At the Old Trail Museum, exhibits cover the region’s natural history, including fossil finds and artifacts tied to its prehistoric past. The surrounding country is known for wildlife viewing, with elk, deer, and many bird species in the foothills and open plains near town. Just outside Choteau, fossil sites linked to major dinosaur discoveries have built the area’s reputation in paleontology research. The Rocky Mountain Front opens onto hiking routes and wide viewpoints where the plains give way to the peaks.
Stevensville
Stevensville is the oldest permanent settlement in Montana, founded in 1841 as St. Mary’s Mission. It sits in the Bitterroot Valley between the Bitterroot and Sapphire mountains, and the town center still runs at a slower pace.
St. Mary’s Mission is the town’s most significant landmark, preserving the mission’s early buildings and marking the first permanent Euro-American settlement in what became Montana. The Bitterroot Valley around Stevensville is known for its orchards, farmland, and mountain views, and it serves as a corridor to nearby communities and recreation areas. Local boutiques and small shops fill a compact town center that reflects its long history. Hiking trails in the nearby foothills reach forested terrain, open meadows, and views of the Bitterroot Mountains, drawing the most traffic during the warmer months.
Virginia City
Virginia City boomed after an 1863 gold strike in Alder Gulch, and much of that town survived. Wooden boardwalks, original storefronts, and period buildings still line the Main Street, so a walk here doubles as a walk through the 1860s.
Historic structures throughout the town can be toured to see how miners, shopkeepers, and early settlers lived during the gold rush era. Several small museums and preserved buildings cover mining equipment, frontier life, and local governance during the 1800s. Costumed interpreters run seasonal reenactments as well, recreating daily routines and events from Virginia City’s early years.
Small Towns Worth the Detour
These eight towns show how much Montana packs into its smaller communities. Livingston and Whitefish put national parks within reach of a walkable downtown, while Philipsburg and Virginia City keep their mining-era streets intact and open to visitors. Choteau turns fossil country into a point of local pride, and Stevensville carries the state’s oldest roots. Anyone looking for genuine small-town hospitality will find plenty of it across these Montana communities.
Montana
Montana Lottery Big Sky Bonus, Millionaire for Life results for July 9, 2026
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 9, 2026, results for each game:
Winning Big Sky Bonus numbers from July 9 drawing
08-21-24-29, Bonus: 16
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from July 9 drawing
02-15-22-54-58, Bonus: 04
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
Montana
District court judge blocks new Montana GOP bylaws – WTOP News
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists…
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists out of the party ranks.
Lewis and Clark County District Judge Michael F. McMahon issued the restraining order Wednesday morning. The order had been requested by county precinct committees and officers suing the state party organization over the new bylaws. The plaintiffs are the Yellowstone County Republican Central Committee, the Choteau County Republican Central Committee, and individual committee members Jeff Essmann, Ted Kronebusch, James Wilson and state Rep. Brad Barker, R-Red Lodge.
At issue are bylaws passed during MTGOP’s June platform convention that the litigating party members say amount to “fraudulent and corrupt practices.” The new bylaws require members to pay $20 in annual membership dues and pledge a loyalty oath, and subject members to removal from elected party positions for nonpayment of dues or for “conduct deemed inconsistent with party purposes,” as determined by executive party party officers. The new bylaws allow charges for removal to be brought by any 20 official Republican Party members.
Montana Republican Party Chairman Art Wittich, the only official spokesperson for the state party, has not responded to voicemails and texts sent to his cell phone Wednesday. Wittich, elected party chairman in June 2025, has long been emphatic about exposing “Democrats disguised as Republicans” — for Wittich a now decade-old battle that spun into a bitter multimillion-dollar war between party hardliners and relative centrists in this spring’s Republican legislative primaries.
The centrists drew the ire of the hardliners in 2025 by collaborating with Republican Gov. Greg Gianforte and legislative Democrats to pass a balanced state budget and key pieces of legislation, including increased taxes on second homes and property tax reductions for primary residences and small businesses.
What constitutes disqualifying conduct isn’t fully spelled out in the bylaws, but they do specify that “collaborating with Democrats” in the Legislature, the governor’s office, the courts, or elections can get members disciplined or removed.
The lawsuit alleges that “The 2026 bylaws empower a small group within the party to revoke Republican affiliation from candidates or office holders, undoing primary nominations by the electorate.”
The plaintiffs argue that Montana voters, not party bylaws, should determine who represents the Republican Party in general elections and who represents voting precincts on the publicly elected county-level Republican committees that coordinate local political activity.
The Montana Legislature in 2019 passed a bill protecting publicly elected party precinct committee officers from being arbitrarily removed from office and defined attempts to do so as “fraudulent and corrupt practices.” That law, sparked by Republican Party infighting 10 years ago, is the foundation of the current lawsuit.
There has been a surge of public interest in Republican precinct-level politics following a perceived lack of support by party hardliners for Republican candidates in conservative strongholds like Flathead County, where more than 60 new precinct committeemen and committeewomen were elected in June. That wave of new officers was preceded by Flathead County Republican Central Committee members considering an endorsement of Libertarian Sid Daoud for Kalispell mayor over Republican Kisa Davison in late 2025. The Kalispell mayor’s race is nonpartisan, but Republicans have gone to court to secure the party’s right to endorse candidates in nonpartisan races.
Wittich’s own campaign for precinct committeeman representing Whitefish was a casualty of that new wave of public interest. He lost to Republican Giuseppe “G-man” Caltabiano, who serves on the Whitefish City Council.
Caltabiano’s wife, Roxanne Ross, defeated Candace Wittich, wife of the Republican chair, in the same election.
State law gives precinct officers two-year terms and specifies that they can be removed only for death, written resignation or loss of residency. The new bylaws state that participation in party governance, including service as a precinct official, “is a privilege of association, not a right conferred by public office or candidacy. Members must act in good faith to support the Party’s purpose and must not engage in conduct materially inconsistent with the Party’s interests, including conduct that undermines its platform, policy positions, election operations, or internal governance.”
The recent changes to the party bylaws allow precinct officeholders to be suspended from voting in party matters and replaced by party leadership for noncompliance. Empty precinct seats can be filled by the Republican Party chair.
“Every Republican candidate sells their version of Republicanism to the people in a primary campaign, and the voter chooses which version to buy,” the lawsuit states. “The party cannot dictate what brands of Republicanism are on the market.”
Former MTGOP chair Jeff Essmann, a plaintiff who is also a long-serving precinct officer, said in his affidavit that members of the Republican State Central Committee weren’t given a required notification about attempts to amend the bylaws. He said he would have attended the platform convention and argued against amending the bylaws if he had known.
“The 2026 Bylaws empower any twenty members of the Party to recommend any other member of the Party for expulsion from the party, to be determined by the State Central Committee, even people who do not reside in Yellowstone County and who have never met me,” Essmann said in the affidavit.
Other central committee members produced pre-convention emails about potential changes to the bylaws, but no details about the amendments.
In issuing the order, McMahon indicated that Republicans challenging the bylaws are likely to succeed. He set a July 13 hearing on whether to make the order permanent.
“Plaintiffs have shown a likelihood of success on the merits of their claims that the challenged provisions are inconsistent with Montana election law and constitutional protections governing candidacy, nomination, speech, association, due process, and elected precinct committee representatives,” McMahon ruled.
___
This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.
Copyright
© 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
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