Miller v. Fergus County Justice Court — Montana Supreme Court denies bid to record justice-court proceeding

Case
John Daniel Miller v. Fergus County Justice Court of Record, Honorable Kelly Mantooth, Justice of the Peace, Presiding
Court
Montana Supreme Court
Judge
Laurie McKinnon (elected 2012)
Date Decided
October 6, 2026
Docket No.
OP 26-0629
Topics
First Amendment; courtroom recording; supervisory control; justice courts
Source
Read the full opinion

Background

John Daniel Miller, representing himself, petitioned the Montana Supreme Court for a writ of supervisory control over the Fergus County Justice Court and Justice of the Peace Kelly Mantooth. Miller alleged that the judge violated his First Amendment rights when Miller’s friend was arrested during pre-jury-selection proceedings for recording in the courtroom.

Miller said he had allowed his friend to record and that the friend had recorded three earlier hearings. He also asserted that Judge Mantooth had a conflict because of her prior career as a police officer. Miller sought extraordinary intervention under Montana Rule of Appellate Procedure 14(3).

The Court’s Holding

The Montana Supreme Court denied and dismissed the petition. It held that a justice court may impose reasonable, content-neutral time, place, and manner restrictions on recording within its courtroom.

The Court recognized a constitutional right of public access to court proceedings, but held that there is no constitutional right to make an electronic recording of those proceedings. Because the justice court is a court of record and supplies an official record available for review or transcript purchase, its restriction on private recording did not violate Miller’s constitutional rights. The Court also found that Miller had not shown a conflict of interest or otherwise met the criteria for supervisory control.

Key Takeaways

  • Public access to a court proceeding does not create a constitutional entitlement to record it electronically.
  • A Montana justice court may restrict private courtroom recording through reasonable, viewpoint-neutral time, place, and manner rules.
  • Supervisory control was unavailable because Miller did not establish a legal error causing gross injustice or another qualifying basis for extraordinary relief.

Why It Matters

The decision squarely addresses, as a question of first impression in Montana, a court’s authority to regulate private recording in its courtroom. It confirms that courts of record may rely on their inherent authority to preserve orderly proceedings while maintaining public access through attendance and the official court record.

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