GAZETTE v. STATE EX REL. COM'N ON PRACTICE

No. DA 07-0500.

190 P.3d 1126 (2008)

2008 MT 287

345 Mont. 385

BILLINGS GAZETTE, Petitioner and Appellant, and William D'Alton, Intervenor and Petitioner, v. The STATE of Montana, by and through its COMMISSION ON PRACTICE and Office of Disciplinary Counsel, Respondents and Appellees.

Supreme Court of Montana.

Decided August 12, 2008.


Attorney(s) appearing for the Case

For Appellant: Peter Michael Meloy (argued), Meloy Law Firm, Helena, Montana.

For Appellees: Hon. Mike McGrath, Montana Attorney General, Ali N. Bovington (argued), Assistant Attorney General, Helena, Montana.

For Amicus Curiae: James P. Reynolds, Reynolds, Motl and Sherwood, PLLP, Helena, Montana (for The Reporters Committee for Freedom of the Press).


Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 After attorney Moira D'Alton (D'Alton) admitted to violating various rules of professional conduct, she was publicly censured by this Court. However, the actions which constituted conduct violations remained confidential under the Rules for Lawyer Disciplinary Enforcement. The Billings Gazette (Gazette) sought a copy of her disciplinary file and the Commission on Practice (Commission) and the...

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