Attorney General Austin Knudsen asked the Montana Supreme Court to dismiss a petition from Gallatin County Attorney Audrey Cromwell seeking to end Knudsen’s supervisory control over her office, according to a reply filed this week.
Knudsen invoked supervisory control over the Gallatin County Attorney’s Office on April 30, after Cromwell declined to rescind a policy that, according to Knudsen, refused to recognize U.S. Immigration and Customs Enforcement as a “criminal justice agency” eligible to receive confidential criminal justice information. Cromwell has said her office has no blanket policy on the matter and that the dispute originated from a single email exchange over a civil case.
In the new filing, Knudsen argued that Cromwell’s request, in the case Cromwell v. Knudsen, asks the court to resolve a political dispute rather than a legal one, and that she lacks standing because she hasn’t been injured by his exercise of authority. He also argued that a ruling on the merits would amount to an unconstitutional advisory opinion.
“The code governs her office’s relationship vis-Ã -vis the Attorney General; that statute in turn makes this a political question,” Knudsen wrote. “And the Montana Legislature has declared that she has no right or duty to interpret and apply this statute independent of the Attorney General’s authority.”
Knudsen’s filing cites state law granting the attorney general authority “to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices,” including the power to “order and direct county attorneys in all matters pertaining to the duties of their office.”
Cromwell, represented by attorney Raph Graybill, has argued that Knudsen’s directive would force her office to give legal advice she believes is incorrect, exposing the county to potential civil and criminal liability if it improperly releases confidential information without a court order.
The dispute dates to last fall, when Cromwell’s office communicated with local law enforcement about cooperation with ICE. Cromwell first asked Knudsen for a formal opinion on the underlying legal question, which he declined to provide, before taking the matter to the Montana Supreme Court herself in late April. Knudsen then invoked supervisory control and directed her to drop that petition; Cromwell instead filed a new petition asking the court to terminate his control over her office.
The Montana Supreme Court ordered Knudsen to respond to Cromwell’s petition by May 14, and he filed an initial response that day asking the court to dismiss the case. Wednesday’s filing was a follow-up reply continuing to press for dismissal.
