Attorneys at odds over whether booking photos are public

HELENA – Months after a district court judge ruled the booking photo of a registered violent offender could be released as “public justice information,” attorneys are at odds about whether the ruling applies statewide.

The Montana attorney general’s office cited District Judge Jon Oldenburg’s October ruling in declining to issue an opinion on whether booking photos are protected as confidential criminal justice information.

Some counties in Montana routinely release booking photos to the media, while others refuse media requests, saying they are confidential criminal justice information.

Gallatin County Attorney Marty Lambert sought the attorney general’s opinion in September at the request of Bozeman Daily Chronicle managing editor Nick Ehli on behalf of the Montana Newspaper Association. Lambert argued booking photos should be confidential unless a judge orders them to be released, because they are not listed as public information in state law.

The attorney general’s office in December declined to issue an opinion.

Lambert said he will still require media outlets to file a motion asking a judge to rule, on an individual basis, whether a booking photo should be released. That process can take a week or more.