Gallatin County Attorney Audrey Cromwell Clarifies Approach to Confidential Criminal Justice Information Requests
Bozeman — Privacy is paramount. As custodians of confidential criminal justice information (CCJI), Gallatin County has a legal and ethical obligation to ensure that individuals’ rights to privacy are protected. Whenever a county agency seeks guidance from the County Attorney’s Office regarding the release of such information, our analysis begins with careful consideration of those privacy protections.
In late September and early October of 2025, staff from the Gallatin County Records Department contacted the County Attorney’s Office regarding a request from U.S. Immigration and Customs Enforcement (ICE) seeking access to confidential criminal justice information. The Records Department receives hundreds of requests each year and routinely consults with our office to ensure compliance with Montana law before disseminating any information.
Under Montana law, CCJI is defined as nonpublic, private criminal justice information governed by §§ 44-5-302 and 44-5-303, MCA. This includes information such as arrest records, fingerprints, criminal histories, and other identifying data that is not available to the general public.
Montana statute defines a “criminal justice agency” as a governmental agency or subunit thereof that is authorized by law to perform the administration of criminal justice. See § 44-5-103, MCA. The administration of criminal justice includes activities such as detection, apprehension, detention, prosecution, adjudication, or rehabilitation of criminal offenders.
In the specific instance raised by the Records Department in September, ICE requested nonpublic CCJI regarding an individual for a civil matter. After legal review, the civil division of the County Attorney’s Office determined that ICE, in this context, was not acting as a “criminal justice agency” under Montana’s CCJI statutes because the request was civil in nature and did not fall within the statutory definition tied to the administration of criminal justice. To that end, our office advised the Records Department that a District Court Judge should determine whether the CCJI should be released in that matter.
It is important to be clear: there is no blanket policy in Gallatin County prohibiting cooperation with ICE or any federal agency, nor is there a policy restricting the sharing of information. The County Commission, not the County Attorney’s Office, is the only governing body with the authority to establish county policy.
During the week of October 2nd, while I was in trial, a legal assistant responded to the Records Department on behalf of the civil division. That communication addressed a specific legal question about a particular case. It was not and should not be considered “policy.” Typically, such guidance would come directly from me or one of my attorney deputies. I take responsibility for any confusion that may have resulted from that email.
To reiterate, there is no overarching policy at play. Each request, whether from a federal agency, state agency, local agency, press, or a member of the public is evaluated individually and our office applies Montana law to determine whether dissemination is permitted. Montana law clearly reflects that Montanans have a heightened right to privacy, and that principle is embedded throughout our evaluation process.
My role as County Attorney is to ensure that Gallatin County complies with the law while also protecting the County from unnecessary legal exposure. That includes carefully safeguarding confidential information and respecting the privacy rights guaranteed under Montana law.
Regarding concerns raised by Attorney General Knudsen, I want to emphasize again: there is no policy. Only the County Commission has the authority to create county policy. Our office provides legal guidance based on the facts of each request and the requirements of Montana statutes.
Ultimately, our obligation remains clear, to uphold and protect individuals’ constitutional right to privacy as required by Montana law.
