Tuesday, April 1, 1997 THE DAILY INTER LAKE Page A7 3 MONTANA 1 Legislature defends closed-door BOB ANEZ Associated Press Writer HELENA (AP) Legislative caucuses are private political meetings of lawmakers to discuss political philosophy and the public has no right to attend, lawyer for the Legislature has told the Montana Supreme Court. He also warned the justices" that ruling opening the Demo- 3 cratic. and Republican party. meetings may backfire on them. Such a decision could require the 'secret court meetings in which justices discuss pending cases to also be public, said Stanley of Helena: His comments came in the lawsuit by 22 news organizations challenging the long-standing practice of legislators, divided between House.
and Senate. Democrats and Republicans, meeting behind closed doors to map strategy during legislative sessions. The media have appealed a 1995 District Court ruling that meetings of the in-session caucuses do not have to be open to Roundup Man accused of robbing dead friend MISSOULA (AP) A man charged with running a methamphetamine lab here was arrested Monday for burglarizing the house of a friend who had com- mitted suicide while the body was in the house. Scott Dupras was arrested on March 18 for running a methamphetamine lab. He posted $20,000 bond and was released.
On March 19, Choteau County authorities filed a warrant against Dupras, accusing him of burglarizing the Fort Benton home of Andrew J. Burnham in early February, taking ounce of cocaine and $140. Burnham's body was found in late February, after a friend told police he had not seen Burnham for 1 a while. Authorities now know that Burnham was dead at the time they believe Dupras was in the house. "He had been there a long time," said County Attorney Allin Cheetham.
Cheetham said a friend of Dupras who was in "some sort of trouble up here," told authorities that Dupras had burglarized the around Feb. 9.: At the time of his death, Burnham was facing charges of possession of dangerous drugs and drug paraphernalia in Missoula County. Dupras was transferred to the jail in Fort Benton on Monday where he is being held on $50,000 bond. "He went into a house where there was a dead person and didn't say a word to said. "We don't think much of that." Dean of journalism school removed MISSOULA (AP) Frank' Allen will no longer be the dean of the University of Montana School of Journalism as of June 30, UM Provost Robert Kindrick announced Monday.
Kindrick, who informed Allen of his decision last week and met with faculty Monday, declined to say specifically why he decided to replace Allen. Get a new line on romance. Let The Meeting Place help you connect with someone special. Call any time to place your print ad, record a personal voice greeting, and retrieve the responses to your ad ALL FREE! It's confidential, safe and convenient. Meetingplace 1-800-536-6896 37W caucuses the public.
In his to the Legislature's arguments, media attorney Jim Reynolds of Helena urged the Supreme Court not to let: decades of legislative tradition keep Montanans out. of legislative meetings. "That it has always been done that way does not mean that it must always be done that way," he wrote in his legal brief. 3 In the February 1995 suit, news organizations argued closed caucuses violate the public's right to know as guaranteed in the Mon.tana Constitution and the state's open meetings law. By shutting out the public, citizens are illegally denied their right to attend a meeting of government officials and observe their deliberations on important issues, the suit said.
Lawmakers said the caucuses': are political party meetings, not public gatherings, that give legislators a necessary escape from lobbyists and other constituents. The sessions provide a "forum for the free discussion of political, social, public and private matters," Kaleczyc has contended. District Judge Thomas Honzel of Helena ruled that organiza-. tional caucuses before a legislative session must be open, but said he had no power over the insession caucuses because they. are informal meetings not required by state law.
Kaleczyc said the Supreme Court should uphold that view. In writing the Montana Constitution, the authors specifically said they intended to exclude caucuses from the requirement that legislative sessions and committee meetings be open to the public, he said. The caucuses are not legal entities capable of being sued, Kaleczyc said. To rule otherwise would be to make Bible discussion groups, poetry associations and bowling groups subject to. authority of the courts, he added.
But, Reynolds. said the suit is about elected public officials, not poetry groups. He called it "befuddling" that Honzel could conclude the caucuses are groups of people capable of being sued when meeting before a legislative session, but immune from suit during a sion. "No magical transformation takes place in the identity of these groups upon the convening 419 of the Legislature," he said. The constitutional 755-RUGS know requirement contains no exception for meetings of the legislative caucuses, Reynolds said.
Those filing the suit were The Associated Press; Bigfork Eagle; The Billings Gazette; Bozeman Daily Chronicle; The Montana Standard, Butte; Great Falls Tribune; Havre Daily News; Helena Independent Record; The Daily Inter Lake, Kalispell; KECI-TV, Missoula; KFBB-TV, Great Falls; KXLF-TV, Butte; KRTV-TV, Great Falls; KTVQ-TV and KULR-TV, Billings; Livingston Enterprise; Miles City Star; Missoulian; and Ravalli Republic, Hamilton. Also, the Montana Newspaper Association; Society of Professional Journalists; and Montana News publisher of the Bighorn County News, Carbon County News and Stillwater County News. Racicot won't sign bill without funding HELENA (AP) Gov. Marc Racicot has refused to sign a imposing court agencies unless the Legislature provides the money to pay for it. He returned House Bill 195 to lawmakers with a suggested addition that prevents the bill from becoming law unless affected departments get the $280,000 to cover the cost over the next two years.
The House and Senate will have to decide whether to accept his recommendation or send the bill back to Racicot as it is. If legislators reject his change, he can veto the bill. The measure requires government to pay a $45 fee each time "I it files a warrant of distraint, certificate of lien or an administrative order with a A warrant for distraint is used to collect money or property. owed to the state for such things as unpaid taxes or delinquent child support payments. The measure will affect the departments of Transportation, Revenue, Public Health and Human Services, and Labor and Industry.
Racicot said he does not object to the purpose of the bill, only its price tag. The agencies impacted. by the bill cannot absorb the cost with their proposed budgets and should get the additional money -necessary or the bill will not Mental health firm closes after failing to get managed care contract HELENA (AP) A mental all state-funded mental health health provider that has been care for low income patients. having financial troubles failed Mental Health Services has 90 to get a contract under the state's employees. Stahl said 16 of the -is going out of business.
laid off immediately, while new managed care program and administrative staff are being "I know some of our people are another seven people will stay going to be reading about this in through the end of the week to the newspaper," said K. Paul close down the office. Stahl, chairman of the board for Jami McCall, Montana CommuniMental Health Services ty Partners executive director, said which has been in business in the company intends to put current southwest Montana for 25 years. service providers on contract. "It's not how I'd want to notify "We want to have temporary them, but CMG didn't get back to subcontracts for employment to us until after 5 p.m.
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