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mahatmakanejeeves

(57,608 posts)
Wed Jul 6, 2016, 10:03 AM Jul 2016

Kentucky Attorney General opinion: Kim Davis violated Open Records Act

AG opinion: Kim Davis violated Open Records Act

Morgan Watkins, @morganwatkins26 7:19 a.m. EDT July 6, 2016

Rowan County Clerk Kim Davis, who famously refused to give marriage licenses to same-sex couples last year, violated the state's Open Records Act, the Kentucky Office of the Attorney General determined in a newly released opinion.

The opinion revolves around a records request the nonprofit Campaign for Accountability made in March for copies of various documents, including ones regarding any retainer or attorney-client engagement agreements between herself or her staff and Liberty Counsel, a different nonprofit that has represented Davis since she became embroiled in a legal battle over the marriage-license issue.

Liberty Counsel acted on Davis's behalf when it rejected the records request as improper for multiple reasons, according to the Office of the Attorney General's opinion, which is dated June 30. The Campaign for Accountability filed an appeal in late March and resubmitted its request to Davis in April.

On Davis's behalf, Liberty Counsel responded to the new request by producing certain documents but withholding others, the opinion said. Liberty Counsel cited attorney-client privilege and legal exceptions for preliminary documents among its reasons for not providing some records.

Campaign for Accountability

Kim Davis Violated Open Records Act, Attorney General Says

By: John Cheves, Lexington Herald-Leader, 7/5/2016

Rowan County Clerk Kim Davis violated the Kentucky Open Records Act by refusing to produce documents related to her legal battle last year against same-sex marriage, the state Office of the Attorney General said in an opinion released Tuesday.

The Campaign for Accountability, a Washington nonprofit that says it works “to expose misconduct and malfeasance in public life,” emailed Davis a records request on March 1 for retainer agreements and attorney-client engagement agreements between her and Liberty Counsel, the religious advocacy group that represented her after she was sued for refusing to issue marriage licenses.

Anne Weismann, the Campaign for Accountability’s executive director, said Tuesday that she wants to learn more about Liberty Counsel, which inserted itself into debates over same-sex marriage and transgender bathroom use in several states by volunteering to represent public officials.

Read the rest of the article here.

Politics & Government
July 5, 2016 2:17 PM

Kim Davis violated Open Records Act, attorney general says

Highlights
Rowan County clerk refuses to produce legal records from 2015 marriage fight

Washington nonprofit seeks to learn more about her lawyers at Liberty Counsel

Attorney general says Davis must turn records over to its office for private review

By John Cheves
jcheves@herald-leader.com

Rowan County Clerk Kim Davis violated the Kentucky Open Records Act by refusing to produce documents related to her legal battle last year against same-sex marriage, the state Office of the Attorney General said in an opinion released Tuesday.

The Campaign for Accountability, a Washington nonprofit that says it works “to expose misconduct and malfeasance in public life,” emailed Davis a records request on March 1 for retainer agreements and attorney-client engagement agreements between her and Liberty Counsel, the religious advocacy group that represented her after she was sued for refusing to issue marriage licenses.

Anne Weismann, the Campaign for Accountability’s executive director, said Tuesday that she wants to learn more about Liberty Counsel, which inserted itself into debates over same-sex marriage and transgender bathroom use in several states by volunteering to represent public officials.

Responding for Davis, Liberty Counsel refused to comply with the records request. Among the legal exemptions it cited, Liberty Counsel said the documents requested are preliminary and therefore do not have to be disclosed, and they are private rather than public.
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