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j 11-11.4 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 22-0182 

BROADWATER COUNTY, MONTANA, 

Plaintiff and Appellee, 

MAY 2 it 2022 

and 

HELENA INDEPENDENT RECORD, 

Defendant and Appellee, 

v. 

PERSON WITH AN INTEREST IN THE 

RELEASE OF CONFIDENTIAL CRIMINAL 

JUSTICE INFORMATION PERTAINING TO 

THE INVESTIGATION AND PROSECUTION 

OF JASON ELLSWORTH: JASON 

ELLSWORTH, 

Defendant and Appellant. 

Bowen Cireenwoo0 

Clerk of Supreme Court State of Montana 

ORDER 

Helena Independent Record (the IR), initially designated as one of the Defendants 

and Appellants in this appeal, has moved this Court to realign the parties, designate the IR 

as an Appellee, and grant the IR leave to file an Answer Brief in accordance with 

M. R. App. P. 12(2). Appellant Jason Ellsworth has responded in opposition to the IR's 

motion. 

In its filing before this Court, the IR explains that this matter began after it asked 

Plaintiff and Appellee Broadwater County to release certain confidential criminal justice 

information (CCJI). Broadwater County then initiated a declaratory judgment action in 

accordance with § 44-5-303(5), MCA. Pursuant to § 44-5-303(5)(a)(ii), MCA, it named 

the IR as a defendant since the IR was "known to the prosecutor [to have] requested the 

[CCJI]." The County also named Jason Ellsworth, the subject of the CCJI, as a defendant. 

05/24/2022

Case Number: DA 22-0182
In the declaratory judgment action, the County asked the District Court to conduct an in 

camera review of the CCJI and make determinations in accordance with 

§ 44-5-303(5)(a)(v), MCA. 

The County never served the IR with a summons or a copy of the complaint, nor 

was the IR served with any subsequent motions, briefs, or orders, and the IR did not appear 

in the District Court case. The District Court proceeded to issue an order in the matter. 

According to the present motion, the IR only learned that the District Court had issued an 

order disposing of the case after Ellsworth filed the present appeal. The IR asserts that its 

lack of participation and the fact that Broadwater County has declared itself disinterested 

has caused "an anomalous circumstance—there is no adversity in this appeal and there is 

no one to defend the District Court's decision." The IR therefore requests to participate in 

the appeal and for realigmnent of the parties in order to defend the District Court's decision. 

Ellsworth asserts that the IR has not cited a Rule o.f Appellate Procedure which 

would allow it the relief sought. Ellsworth asserts that the IR, while not properly served 

under M. R. Civ. P. 4, was aware of the District Court proceedings and slept on its rights 

by taking no action. 

Under M. R. App. P. 2(1)(a), an Appellee is "[Ole party who usually responds to an 

appeal, seeking affirmance of the district court." Irrespective of the proceedings below, 

the IR remains a named defendant in this action and a party to this appeal. Indeed, 

Ellsworth's Notice of Appeal identifies the IR as a "Defendanta and Appellant[]." As a 

party to this appeal, the IR is seeking affirmance of the District Court's order, and is 

appropriately an appellee pursuant to M. R. App. P. 2(1)(a). 

M. R. App. P. 2(4) provides, in relevant part, "[o]n the motion of a party, or on the 

court's own motion, the caption of a pending cause may be modified to more accurately 

reflect the actual alignment or status of a party." We have modified the caption of this 

pending matter accordingly, to reflect the actual alignment of the parties. 

IT IS ORDERED that the Helena Independent Record is REALIGNED as an 

Appellee in this matter. 

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IT IS FURTHER ORDERED that the caption in this appeal is MODIFIED as set 

forth in the caption of this Order. 

IT IS FURTHER ORDERED that the briefing schedule of this matter will proceed 

as set forth in the applicable Montana Rules of Appellate Procedure. 

The Clerk of Court is directed to mail copies hereof to all counsel of record. 

DATED this 'Li-% Tay of May, 2022. 

Chief Justice 

Justices 

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