HELENA — A lawsuit was filed Friday against two top Montana officials by a former court employee seeking free speech rights to discuss information deemed confidential in a 2013 settlement with the state regarding a District Court judge.

The complaint by plaintiff Britt Long, filed in U.S. District Court in Helena, names Gov. Steve Bullock and Attorney General Tim Fox as defendants in their official capacities only.

Long, now living in New Jersey, has started writing a book on judicial ethics, the lawsuit states and would like to use certain statements she is prohibited from using as part of her settlement agreement with the state. The lawsuit states this is unconstitutional and subject to First Amendment protections.

“The state has no interest in using the settlement agreement to gag Ms. Long that outweighs the strong public policy interest in former state employees being permitted to criticize state officials with whom they have intervened,” the lawsuit filed by attorney Matthew Monforton says.

Some of the information was obtained while she served as standing master for 10th District Judge E. Wayne Phillips in Fergus County, the lawsuit states.

This would include reactions of various members of Montana’s judicial and executive branches when told by Long about information she received from other women and her own observations. Long sought permission in March to be released from the terms of her agreement, and the state refused, according to the lawsuit.

She worked as a clerk and special master for Phillips until late 2011. Long, a lawyer who had worked in Phillips' Lewistown office since 2008, filed a civil claim of assault on Sept. 12, 2011, alleging that he slapped her in the buttocks with a legal file. Her amended complaint included allegations of assault, violations of the Family Leave Act and defamation.

A settlement was reached Jan. 4, 2013, which included financial compensation from the state and a stipulation she is not to publish any criticisms of Phillips.

Phillips has since retired. He could not be immediately reached for comment Friday.

The lawsuit notes that Bullock vetoed House Bill 532, which would have barred enforcement of non-disclosure provisions in settlement deals involving the state.

Bullock was named as a defendant because he has authority to direct executive branch agencies to seek legal relief for breaches of contract. Fox was named because he oversees the Montana Department of Justice, which includes the Department’s Agency Legal Services Bureau.

Reporter Phil Drake is our eye on the state capitol. For tips, suggestions or comment, he can be reached at 406-231-9021 or pdrake@greatfallstribune.com. To support his work, subscribe today and get a special offer.