Montana high court hears dispute over county official's arrest records

By The Associated Press

06.05.02

Printer-friendly page

HELENA, Mont. — The Montana Supreme Court, in a case pitting the public's right to know against a person's privacy, must decide whether a Butte newspaper can have the detailed files on the drunken-driving arrest of a Beaverhead County commissioner.

Donna Sevalstad, who pleaded guilty to driving drunk and having an expired driving license last year, has asked the high court to overturn a district judge's decision that the records of her February 2001 arrest be given to The Montana Standard.

She contends the information, which includes the arresting officer's report and two videotapes, is protected by her constitutional right to privacy.

The newspaper contends Sevalstad, like other public officials, does not have the same privacy protections as other citizens and the public's constitutional right to know carries more weight.

The case arose from Sevalstad's arrest in Jefferson County near Boulder. The newspaper reported her arrest and guilty pleas, but sought access to all the written documents related to the incident and videotapes of the traffic stop and booking.

In January, District Judge Loren Tucker ordered the items released. He said Sevalstad's driver's license and Social Security numbers must be removed. While allowing the Standard to write news stories about what was contained in the investigative materials, Tucker barred the paper from actually publishing any of the documents or pictures.

In her appeal, Sevalstad argued her privacy regarding the arrest should be protected because it had nothing to do with her position as a public official.

"Mrs. Sevalstad's driving of a vehicle while intoxicated was not in connection with her duties as a commissioner," wrote her attorney, Robert Cummins of Helena. "It was all while pursuing her liberties as a private citizen."

Laura Vachowski, attorney for the Standard, has told the state Supreme Court the arrest is related to Sevalstad's status as public official because such a crime demonstrates the kind of poor judgment that can affect the public's trust in her.

Sevalstad did not deny that she may have breached the public's trust and that her decision to put the public at risk by driving drunk raises questions about whether she has the good judgment needed to be a county commissioner, Vachowski said.

Cummins questioned the motives of the Standard in wanting the complete arrest records, saying the newspaper is "on a crusade to persecute her."

"If every allegation relating to any criminal offense, which includes parking tickets as a public document, is created and disclosure of the incident is allowed, then the right of privacy guarantee is a sham," he said.

Vachowski said the Supreme Court already has ruled that public officials have less expectation of privacy when their misconduct can affect the public's trust in them and their ability to carry out their duties. That is precisely the issue in this case, she told the court.