Supreme Court orders AG to respond to Cromwell petition
The Montana Supreme Court has ordered Attorney General Austin Knudsen to respond to a petition filed by Gallatin County Attorney Audrey Cromwell centering on whether local or county law enforcement officials are obligated to turn over criminal justice data to federal immigration officials, and whether that complies with Montana’s constitutional guarantee of personal privacy.
Knudsen has until the end of the business day on May 14 to respond to the petition, which also touches on whether the Attorney General’s Office can assert supervisory control over Gallatin County. The issue began with a legal disagreement about how local governments interact with Immigration and Customs Enforcement when they ask for information.
“Cromwell asserts she is entitled to declaratory judgment that declares Montana counties may not lawfully disseminate Confidential Criminal Justice Information (CCJI) to Immigration and Customs Enforcement (ICE) upon receiving non-criminal civil or administrative requests without a court order,” the Supreme Court order reads.
Cromwell has also requested the Supreme Court order the AG’s office to terminate supervisory control over the Gallatin County Attorney’s Office.
“Every day that supervisory control is in effect undermines public trust and diverts resources from the critical civil and criminal prosecution work necessary for Gallatin County to function,” Cromwell’s May 1 petition to the Montana Supreme Court reads.
It also said the confusion around the law was a serious, statewide issue.
“The conflict between governing Montana law and the Attorney General’s unsupported, informal interpretation of the same has created confusion far beyond Gallatin County. County attorneys statewide must choose between potentially improper disclosure of CCJI — a violation of the Montana Constitution’s Right to Privacy and associated statutes — or the threat of losing control over their elected offices,” the petition reads.
On April 30, the state DOJ took over the Gallatin County Attorney’s Office and quickly moved to try and stop the petition to state Supreme Court, which Cromwell filed on May 1. Three days later, Knudsen sent a letter telling them to drop it and to sever their representation agreement with Graybill Law Firm. Cromwell hired the law firm to represent her office as the dispute escalated.
The state Department of Justice hasn’t commented on the takeover to the Daily Montanan.
“Cromwell and her colleagues across the state are being forced to weigh their oath to the Montana Constitution and its individual privacy provisions, as well as their duties to protect their clients from needless liability, against the threat of an extraordinary and novel exercise of executive power — all without the benefit and protection of Montana legal authority,” said the petition to the high court.
Knudsen and Cromwell have gone back-and-forth this year on the issue. Immigration appears to be a focus of Knudsen, who, along with fellow Republican Gov. Greg Gianforte, put pressure on Helena to rescind a resolution on the topic. The city ultimately did, after significant public debate and multiple hours-long meetings this winter and spring.
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