2-6-102. Repealed. Sec. 59, Ch. 348, L. 2015.
Montana Code Annotated
Mont. Code Ann. § 2-6-102 (2026)
Repealed
✓ current as of May 2026
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION
CHAPTER 6. PUBLIC RECORDS
Part 1. Public Records Generally (Repealed)
Repealed
History: En. Secs. 3180, 3181, C. Civ. Proc. 1895; re-en. Secs. 7898, 7899, Rev. C. 1907; re-en. Secs. 10542, 10543, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 1892, 1893; re-en. Secs. 10542, 10543, R.C.M. 1935; R.C.M. 1947, 93-1001-4, 93-1001-5; amd. Sec. 5, Ch. 476, L. 1985; amd. Sec. 12, Ch. 748, L. 1991; amd. Sec. 2, Ch. 485, L. 1999; amd. Sec. 3, Ch. 77, L. 2001; amd. Sec. 1, Ch. 364, L. 2013.
Notes of Decisions
Cited in 25
cases, 1981–2016 · leading case: Bd. of Trs. v. Cut Bank Pioneer Press, 2007 MT 115 (Mont. 2007).
Bd. of Trs. v. Cut Bank Pioneer Press, 2007 MT 115 (Mont. 2007). “The District Court concluded that an "analysis of the interaction of Article II, § 9 and Article II, § 10 of the Montana Constitution in this situation is not necessary" because "FERPA does apply to the records of the disciplinary proceeding, and .”
Worden v. Montana Bd. of Pardons & Parole, 1998 MT 168 (Mont. 1998). “The Inmates allege that the Board of Pardons violated Article II, Section 9 of the Montana Constitution (right to know) and § 2-6-102, MCA (right to inspect and copy public writings) by refusing to allow them to inspect and copy their files.”
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). “Section 2-6-102(1), MCA. All meetings of governmental bodies must be open to “the public.”
City of Billings v. Peterson, 2004 MT 232 (Mont. 2004). “Section 2-6-104, MCA, provides that public records and other matters in the office of any public officer are open to public inspection during office hours, except as provided by law.”
Billings Gazette v. City of Billings, 2011 MT 293 (Mont. 2011). “The newspaper argued that the due process letter was a public document pertaining to a public employee occupying a position of trust, and was subject to release under Article II, Sections 8 and 9 of the Montana Constitution, the Freedom of Information Act, and § 2-6-102, MCA. ¶7…”
Yellowstone Cnty. v. Billings Gazette, 2006 MT 218 (Mont. 2006). “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.”
Mountain States Tel. & Tel. Co. v. Dep't of Pub. Serv. Reg., 634 P.2d 181 (Mont. 1981). “Section 2-6-102, MCA (the citizens right to inspect and copy records), opens the records of all public bodies in this state to inspection and copying, except as otherwise provided by statute, and gives any citizen the right to a certified copy of any such document upon payment…”
Krakauer v. State Ex Rel. Comm'r of Higher Educ., 2016 MT 230 (Mont. 2016). “Compare § 2-6-102, MCA (2013) (“Every citizen has a right to inspect and take a copy of any public writings of this state .”
Becky Ex Rel. Beckey v. Butte-Silver Bow Sch. Dist. No. 1, 906 P.2d 193 (Mont. 1995). “” The documents sought by the Beckys relatingto Robert’s denial of membership in the National Honor Society do not fit into any of the categories of public writings or documents described by § 2-6-101, MCA, and thus, are not subject to inspection as provided in § 2-6-102, MCA.…”
Billings Gazette v. City of Billings, 2013 MT 334 (Mont. 2013). “The Gazette asserted the documentation compiled by the City during and as a result of the investigation into unauthorized computer usage by disciplined City employees was subject to release under the “right to know” provision of Article II, Section 9 of the Montana Constitution…”
Cox v. Lee Enter., Inc., 723 P.2d 238 (Mont. 1986). “A broad interpretation of the privilege is statutorily supported by the right to inspect public documents, § 2-6-102, MCA, and the right to public sittings of the courts, § 3-1-312, MCA.”
Associated Press, Inc. v. Montana Dep't of Revenue, 2000 MT 160 (Mont. 2000). “701, ARM, to be invalid because it conflicts with § 2-6-102, MCA. 3. An order declaring the provisions of Rule 42.”
— Mont. Code Ann. § 2-6-102(1) — 8 cases
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). “Section 2-6-102(1), MCA. All meetings of governmental bodies must be open to “the public.”
Yellowstone Cnty. v. Billings Gazette, 2006 MT 218 (Mont. 2006). “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.”
Bd. of Trs. v. Cut Bank Pioneer Press, 2007 MT 115 (Mont. 2007). “The District Court concluded that an "analysis of the interaction of Article II, § 9 and Article II, § 10 of the Montana Constitution in this situation is not necessary" because "FERPA does apply to the records of the disciplinary proceeding, and .”
Billings Gazette v. City of Billings, 2011 MT 293 (Mont. 2011). “The newspaper argued that the due process letter was a public document pertaining to a public employee occupying a position of trust, and was subject to release under Article II, Sections 8 and 9 of the Montana Constitution, the Freedom of Information Act, and § 2-6-102, MCA. ¶7…”
Becky Ex Rel. Beckey v. Butte-Silver Bow Sch. Dist. No. 1, 906 P.2d 193 (Mont. 1995). “” The documents sought by the Beckys relatingto Robert’s denial of membership in the National Honor Society do not fit into any of the categories of public writings or documents described by § 2-6-101, MCA, and thus, are not subject to inspection as provided in § 2-6-102, MCA.…”
— Mont. Code Ann. § 2-6-102(2) — 2 cases
City of Missoula v. Robertson, 2000 MT 52 (Mont. 2000).
Rogers v. Worden Ballantine, 2002 MT 165N (Mont. 2002).
— Mont. Code Ann. § 2-6-102(3) — 1 case
Billmayer v. City of Kalispell, 2007 MT 116 (Mont. 2007).
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