Appeals court rejects Arizona Senate's privilege argument - Albuquerque Journal

Appeals court rejects Arizona Senate’s privilege argument

PHOENIX — A state appeals court says legislative privilege does not broadly protect the Arizona Senate from having to release hundreds of public records related to the review of the 2020 election.

The Court of Appeals on Friday upheld a lower court’s narrow view of the legislative privilege, rejecting arguments by lawyers for the Republican-controlled Senate.

The Senate and Cyber Ninjas, the inexperienced firm it hired to run the GOP’s 2020 election review, have been battling for months over two public records lawsuits, one each filed by the parent of The Arizona Republic and American Oversight, a government watchdog group.

The Senate has disclosed more than 20,000 records but is withholding all or part of about 1,000 documents citing the legislative privilege, which is meant to promote robust debate among elected officials.

Senate Republicans argued that the privilege applies broadly to lawmakers’ communications about the election review. But the judges ruled the privilege applies only to discussions related to the process of passing legislation.

The judges directed the Senate to release the records to American Oversight or give them to a judge to decide whether the more narrow view of legislative privilege will allow the Senate to withhold specific documents. The Senate also could appeal to the Arizona Supreme Court.

Kory Langhofer, an attorney for the Senate, said Senate leaders are still deciding how to proceed.

Home » Around the Region » Appeals court rejects Arizona Senate’s privilege argument


Albuquerque Journal and its reporters are committed to telling the stories of our community.

• Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share?
   We want to hear from you. Please email yourstory@abqjournal.com

taboola desktop

1
Woman sought in death of professional cyclist in Texas
Around the Region
Police were searching Monday for a ... Police were searching Monday for a woman suspected in the fatal shooting of a professional cyclist at an Austin home. The body of Anna ...
2
Police investigate shootings that wound 7 in Colorado
Around the Region
Police on Monday were investigating several ... Police on Monday were investigating several shootings in the Denver area and Colorado Springs that left seven people wounded. In Colorado Springs, two juveniles ...
3
Northbound I-17 reopens in Phoenix after wreck that killed ...
Around the Region
A woman was killed early Monday ... A woman was killed early Monday in a three-vehicle crash triggered by a car that stalled out in the traffic lanes of northbound Interstate ...
4
4-alarm fire at a Phoenix recycling plant now under ...
Around the Region
Crews battled a four-alarm fire at ... Crews battled a four-alarm fire at a Phoenix recycling plant for several Sunday before it was brought under control. Phoenix Fire Department officials said ...
5
2 people killed in small plane crash north of ...
Around the Region
Two people were killed in a ... Two people were killed in a small plane crash in a neighborhood north of Denver. KMGH-TV reports the single-engine Piper PA32 went down in ...
6
Woman critically injured in a Lake Pleasant boating accident
Around the Region
A woman has died after she ... A woman has died after she was critically injured in a boating accident at Lake Pleasant, authorities said Sunday. Maricopa County Sheriff's officials said ...
7
Are police consent decrees an asset? Depends on who ...
ABQnews Seeker
The Minneapolis Police Department will face ... The Minneapolis Police Department will face the intense scrutiny of a federal program after a state investigation spurred by the killing of George Floyd ...
8
Judge: COVID asylum restrictions must continue on border
Around the Region
Pandemic-related restrictions on migrants seeking asylum ... Pandemic-related restrictions on migrants seeking asylum on the southern border must continue, a judge ruled Friday in an order blocking the Biden administration's plan ...
9
Northbound I-17 in Phoenix reopens after fiery big-rig wreck
Around the Region
A fiery fatal crash involving two ... A fiery fatal crash involving two big rigs closed part of a Phoenix freeway during the Friday morning commute. The Arizona Department of Public ...