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- 11.4 IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22-0182
BROADWATER COUNTY, MONTANA,

Plaintiffand 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 ofthe 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 Plaintiffand 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 ofthe CCJI, as a defendant. 05/24/2022

Case Number: DA 22-0182In the declaratoryjudgment 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 ofthe complaint, nor wasthe IRservedwith anysubsequentmotions,briefs, or orders, andtheIR did not appear in the District Court case. The District Court proceeded to issue an order in the matter. Accordingto the present motion, the IR only learned that the District Court had issued an order disposing ofthe case after Ellsworth filed the present appeal. The IR asserts that its lack ofparticipation and the fact that Broadwater County has declared itselfdisinterested 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 IRtherefore requests to participate in theappeal andforrealigmnentofthepartiesin ordertodefendtheDistrictCourt'sdecision. Ellsworth asserts that the IR has not cited a Rule o.f Appellate Procedure which would allow it the reliefsought. Ellsworth asserts that the IR, while not properly served under M. R. Civ. P. 4, was aware ofthe District Court proceedings and slept on its rights by taking no action. UnderM.R.App. P. 2(1)(a), anAppellee is "[Olepartywho usuallyrespondsto an appeal, seeking affirmance ofthe district court." Irrespective ofthe proceedings below, the IR remains a named defendant in this action and a party to this appeal. Indeed, Ellsworth's Notice ofAppeal 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 pursuantto M. R. App. P. 2(1)(a). M. R. App. P. 2(4) provides, in relevant part, "[o]n the motion ofa party, or on the court's own motion, the caption ofa pending cause may be modified to more accurately reflect the actual alignment or status of a party." We have modified the caption ofthis pendingmatter accordingly, to reflect the actual alignment ofthe parties. IT IS ORDERED that the Helena Independent Record is REALIGNED as an Appellee in this matter.

2IT IS FURTHER ORDERED that the caption in this appeal is MODIFIED as set

forth in the caption ofthis Order. IT IS FURTHER ORDERED that the briefing schedule ofthis matter will proceed as set forth in the applicable Montana Rules ofAppellate Procedure. The Clerk ofCourt is directed to mail copies hereofto all counsel ofrecord. DATED this 

### 'Li-% Tay ofMay, 2022.

ChiefJustice

Justices

3