What laws govern access to courts and court records?
Most of the law governing access to courts and court proceedings can be found in the Montana Criminal Justice Information Act, Title 44, chapter 5 of Montana Code Annotated. This act spells out what can and cannot be released. Laws regarding the release of information about juvenile criminal proceedings are found in Part 6 of the Youth Court Act. Further, certain landmark cases in Montana courts, the “Right to Know” provision in the Montana Constitution and the First and Fourteenth Amendments to the U.S. Constitution guarantee the public the right to attend criminal proceedings except in the most extreme cases. As a general rule, closure must be a last resort, taken only after 1) a showing of the compelling interests that demand it and 2) that less restrictive alternatives are unavailable.
