Attorney General Knudsen asks Montana Supreme Court to dismiss Gallatin County Attorney case

Montana Attorney General Austin Knudsen has requested that the Montana Supreme Court dismiss a legal challenge brought by Gallatin County Attorney Audrey S. Cromwell.

The request follows a period of tension between the state and county offices regarding the sharing of confidential criminal justice information with federal immigration officials.

The dispute centers on whether Montana counties are permitted to provide confidential criminal justice information, known as CCJI, to U.S. Immigration and Customs Enforcement (ICE) without a court order for civil or administrative immigration matters.

On April 30, 2026, the Attorney General’s office assumed supervisory control over the Gallatin County Attorney’s Office. The state took this action alleging that the county had policies that violated state law.

Audrey Cromwell has denied these allegations, swearing in an affidavit that the policy in question does not exist.

In response to the state’s takeover, Gallatin County filed a petition for relief with the Montana Supreme Court on May 1, 2026, seeking clarification on the issue.

On May 4, 2026, Knudsen sent a letter to Gallatin County ordering the county to drop the petition.

In that letter, Knudsen stated, You are hereby ordered and directed to dismiss this matter immediately.

The May 4, 2026, letter also directed the Gallatin County Attorney’s Office to terminate its representation agreement with the Graybill Law Firm.

Cromwell had hired the Graybill Law Firm to represent her and assist in the appeal to the Montana Supreme Court. The law firm confirmed on May 5, 2026, that it continued to represent Cromwell.

The Montana Supreme Court issued an order on May 5, 2026 and further directed Knudsen on May 7, 2026, to file a response to the petition by the close of business on May 14, 2026.

The legal disagreement involves the interpretation of Montana law regarding the definition of a criminal justice agency. Knudsen argues that Cromwell is incorrect on the merits because ICE is defined as a criminal justice agency under state law.

Cromwell has asked the justices to rule that Montana counties cannot give CCJI to ICE for civil or administrative immigration matters unless a court order is provided. This request does not apply to criminal cases.

Under Montana law, confidential criminal justice information is generally protected from public release and can include data and records collected by law enforcement agencies.

The resolution of the case will determine how Montana counties work with federal immigration officials and how state privacy laws apply to immigration-related requests for information.

Cromwell also requested that the court stop the Attorney General’s control over the Gallatin County Attorney’s Office, arguing that the situation was urgent enough for the Supreme Court to handle the case directly rather than through lower courts.