On August 22, the Kentucky Supreme Court granted the Kentucky Open Government Coalition's June 14 cross motion for discretionary review in Kentucky Open Government Coalition v Kentucky Department of Fish and Wildlife Resources Commission.

This is the open records case that will decide whether emails and other electronic messages pertaining to public business are exempt from the Open Records Act solely because a public employee or officer sent or received the messages on non-government devices.

Following the Supreme Court June 5 order granting the Commissions's petition for discretionary review from the Court of Appeals' October, 2023, ruling in favor of the Kentucky Open Government Coalition, Coalition attorneys Mike Abate and Rick Adams filed a cross motion for discretionary review to preserve issues for Supreme Court review relating to undue burden and willfulness.

Briefs will now be submitted by the parties, and "oral argument shall be scheduled by separate order of the Court."