Legislative party caucuses: open or closed?

• Author: Erickson, Brenda
• Position: Public access to party negotiating and strategic planning activities

Should party "haggling and strategizing" be kept private? Or do these discussions fall under state open meeting provisions?

Controversy surrounds the question of whether legislative caucus meetings should be open to the public and press or restricted to members.

In Montana, the courts decided. District Court Judge Thomas Honzel ruled in June that the public has a right to know what happens during political party meetings at the Legislature. "Clearly, legislators gather at caucuses to discuss the public's business," he wrote. "When they do so, the public has a right to observe their discussions and to be informed about what happens at those meetings."

No one event triggered the court battle to open party caucuses in Montana, but after the 1994 election the same party (Republicans) controlled the governor's office, the Senate and the House of Representatives for the first time in many years. Caucuses were being held with greater frequency, and there was a perception by the press that policy decisions were being made behind closed doors. So, 22 news organizations sued to force open the meetings.

Honzel's first ruling, which came in 1996, was split. He said caucus meetings held before the Legislature met should be open, but he allowed party caucuses held during session to be closed. The news groups appealed to the state Supreme Court which ordered Honzel to reconsider his decision and decide one way or the other. Thus the June ruling this year.

The Society of Professional Journalists views the decision as a victory for open government. According to its president Fred Brown, who is political editor of The Denver Post, the ruling "will allow some much-needed sunshine into an area of public policymaking that should not be kept dark."

However, around the Montana Legislature, there are other viewpoints.

"The ruling adversely affects the ability of legislative caucuses to plan coherent strategy," says Senate Minority Leader Mike Halligan. "With other people in the room, I think there will be more political posturing than candid conversation.

"As a leader, I am concerned about this," he continues. "If members aren't giving candid, personal opinions, leaders may make decisions that don't accurately represent caucus views."

House Minority Leader Vicki Cocchiarella also fears that caucus dynamics will change. "This was the only time that party members could freely vent and share ideas. I'm not sure where this will happen now."

Both Cocchiar- ella and...