Requesting Public Records and Information

The County Attorney’s Office provides copies of public record upon request that are within our custodial responsibility. While this office may not be able to fulfill a request quickly, we are committed to communicating with requestors about delays or our inability to provide the information requested.

We charge the following fees:

• Actual hourly rate of the County Attorney and staff fulfilling the request (i.e., gathering files & information, research, copying, scanning);

• $.25 per sheet of paper for printing or copying;

• Electronically stored files are not provided.  Scanning or digitizing documents is the responsibility of the requesting party.

• Actual cost for any other incidentals directly related to fulfilling the request.

There are records we maintain that, by law, are not available to the public. Examples of records that are not available to the public include by are not limited to the following; records that are made confidential by law, records that may be privileged or that are attorney work product are not available, records that are classified as confidential criminal justice information will not be available, records where individual privacy outweighs the public’s right to know will not be available, records that do not meet the definition of “public record” will not be provided, records that are the custodial responsibility of another department or agency will not be provided by this office and a requesting party will be directed to the custodial department or agency that is responsible for records if possible.

Prior to fulfilling a request that may exceed 1 hour to fulfill or may exceed 25 pages, we will provide a written estimate of what costs may be expected to be charged, and we require that fees be paid in advance. You must confirm in writing if you want this office to proceed with the request after receipt of an estimate, sign an agreement approving the estimated cost and direct the office to proceed, and provide payment to proceed.  You must also indicate if the request should be worked on if the actual costs exceed the estimated cost beyond 10% of the estimate as all actual costs are the responsibility of the requesting party.  Any over-estimate paid in advance will be refunded by the County claim process.

All documents provided to defendants or defense counsel in the ordinary course of business that are governed by Montana’s criminal or other discovery statutes are exempt from the Public Information Request policy and fall under the statutory requirements and policies concerning information flow as required or necessary in the prosecution or handling of caseloads under the supervision of the County Attorney.

Tips for Requesting Public Records from the County Attorney’s Office.

• Be specific with regard to the type of record requested and include names, dates, or other identifiers that may be applicable.

• Be specific with regard to subject matter of records being sought if a general request for a class of records are being requested.

• Be patient.  Public Information Requests are low priority behind the agency’s primary workload and statutory priorities.  The more vague or non-specific a request is, the more time it will take to ascertain what records may be responsive.  The requesting party is responsible for all costs including interpreting what is being requested.  A PIR is only worked on as time permits.