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Krebs’ attorney vetted records

The University of New Mexico produced hundreds of Paul Krebs’ emails in response to a recent public records request by the Journal.

The Journal earlier this month reported that UNM had first sent all of those emails to Krebs’ personal attorney to determine what should be released. UNM said at the time that was necessary to honor the attorney-client privilege between Krebs and his attorney, Gene Gallegos, while open records advocates expressed concern that sending emails to Gallegos, especially those that did not involve him, violated the state Inspection of Public Records Act.

In an op-ed published in the Journal on Monday, deputy UNM counsel Kimberly Bell said UNM did not send all of the emails to Gallegos first.

On Tuesday, she clarified over email that not all, but most, of the emails were sent to Gallegos first – regardless of whether they named Gallegos. She explained that the school’s IT department produced the requested emails in nine batches. Gallegos was permitted to review all the emails in six batches that included any correspondence between Krebs and Gallegos.

UNM initially told the Journal it did not know how many emails or which ones Gallegos had withheld. This week, Bell said she recently completed an inventory of the emails and that Gallegos cited 40 of the 1,330 pages his office reviewed as privileged.

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