Montana SupCo agrees media coalition can make case for accessing trial documents • Daily Montanan

A coalition of Montana press outlets will be allowed to make its argument for unsealing court documents in the trial of a man’s alleged killing of four Anaconda residents last summer, following an order from the Montana Supreme Court. 

The order, handed down last week by Chief Justice Cory Swanson and signed by four other justices, reverses a district court order that had denied the press’ request to take part in the lawsuit to bring the sealed records into public view. 

“The record reflects that the District Court entered the modified sealing order without participation by the media; without an evidentiary hearing; and without specific findings addressing the statutory requirements,” the order states. “We conclude the District Court proceeded under a mistake of law.”

On Aug. 1, Michael Brown walked into the Owl Bar in Anaconda and opened fire, killing four people before fleeing the scene, according to law enforcement. Federal, state and local law enforcement captured Brown following a week-long manhunt. 

Prior to Brown’s apprehension, District Court Judge Jeffrey Dahood sealed all legal documents in the court case, at the request of Anaconda-Deer Lodge County Attorney Morgan Smith, a move considered unusual by legal experts. 

Dahood unsealed some of the documents on Aug. 29 following a move to modify the sealing order by the state and defendant, but certain pretrial proceedings and records remain inaccessible to the public and the media. 

A group of media organizations sought to become part of the case in a limited capacity, asking the court to vacate its August order, which modified which records remained sealed, arguing that the order violates Montana law and “fails to balance the public and Press’s constitutional right to examine public documents,” but Dahood denied the request. 

The coalition of media organizations comprises The Daily Montanan, Montana Free Press, The Montana Newspaper Association, Montana Broadcasters Association, Lee Enterprises, Inc., which owns and operates five of the state’s largest print newspapers, and the Montana Freedom of Information Coalition. 

Swanson wrote in his March 24 order that Montana’s constitution balances the requirement of the public’s right to know and a defendant’s right to a fair trial, but there are procedures and precedents that must be followed to determine the correct balance. 

One mandatory procedure before records may be sealed is that “the media must be afforded an opportunity to be heard,” according to the court order. 

“The District Court’s refusal to allow (the Press) to be heard directly conflicts with this controlling precedent,” Swanson wrote. 

Swanson also adds the media coalition submitted a motion to appear, which the clerk of court did not add to the public court record, instead transmitting it directly to the district court, which subsequently denied it. 

“The failure to docket (the Press’) motion — despite its submission with the required filing fee — resulted in a judicial ruling on a matter not entered into the public record,” Swanson wrote. “This procedure is inconsistent with Montana law.”

While the order will allow the coalition of press to make their case for unsealing the court documents, the high court did not immediately vacate the modified sealing order, “noting that certain sealed materials may implicate the defendant’s right to a fair trial.” 

The matter is remanded back to the district court for an evidentiary hearing and entry of appropriate findings, with the media organizations allowed to argue to unseal the records.