In a published opinion, the Kentucky Court of Appeals has rejected the Legislative Research Commissions' arguments in support of a motion to dismiss requester David Leightty's appeal of LRC's denial of his April 2018 request for messages left for Rep. Jason Nemes through the Legislative Message Line and in his legislative email address/inbox.
http://opinions.kycourts.net/COA/2020-CA-000629.PDF
The court affirms the Franklin Circuit Court's reasoning that messages *to* a lawmaker are not legislative acts *of* a lawmaker and are therefore not shielded by legislative immunity, but does not determine whether there were legitimate grounds to withhold Nemes' messages from disclosure.
Leightty's case will proceed, but the impact of his victory will be short-lived.
Lawmakers demonstrated their disregard for the public's right to know by enacting HB 312 in the 2021 Regular Session. The bill did not include a retroactivity clause.On and after June 29, LRC will be the final arbiter of access to its records with no right of judicial appeal.
