October 9, 2013
THE BILLINGS GAZETTE, Plaintiff, Appellee, and Cross-Appellant,
THE CITY OF BILLINGS, Defendant, Appellee, and Cross-Appellee.
During the course of reviewing this appeal, it has come to the Court's attention that certain unredacted documents reviewed in the proceeding by the Thirteenth Judicial District Court in camera are not a part of the District Court record sent to the Court. See Order and Decision, December 4, 2012 ('The Court has conducted an in camera review of each of the Employees' Corrective Action Forms...."). Upon inquiry, the Clerk of the Supreme Court was advised by the Yellowstone County Clerk of Court that the documents reviewed in camera by the District Court were thereafter returned to the City of Billings, who in turn had advised the Yellowstone County Clerk of Court that it would release the documents to this Court upon issuance of an order to that effect. Therefore,
IT IS HEREBY ORDERED that the City of Billings will release the documents reviewed in camera by the District Court during this proceeding to the Clerk of the Supreme Court. The City may take appropriate measures to ensure a secure mailing and/or delivery of the documents to the Clerk of the Supreme Court.
IT IS FURTHER ORDERED that the subject documents will be filed under seal with the Clerk of the Supreme Court to ensure that their confidentiality will be maintained. At the conclusion of this appeal, the documents will be returned by the Clerk of the Supreme Court directly to the City of Billings.
The Clerk is directed to provide a copy of this Order to the Honorable Russell Fagg, presiding judge, Thirteenth Judicial District Court, to counsel of record, and to the Yellowstone County Clerk of Court.