Public records lawsuit against Giddings dismissed
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Jun. 4—An Ada County judge dismissed a public records lawsuit against Rep. Priscilla Giddings, R-White Bird, in May, saying there's no evidence she withheld records or acted in bad faith.
District Judge Peter Barton dismissed the case "with prejudice," meaning it cannot be refiled.
The action stemmed from a public records request that Boise attorney Erika Birch filed last summer.
Birch represents the House intern who last year accused former Lewiston Rep. Aaron von Ehlinger of rape. She also filed a tort claim on behalf of her client, alleging that Giddings "conspired with von Ehlinger" to release information detrimental to the intern.
The records request asked Giddings for any written or electronic communications she'd had with von Ehlinger or von Ehlinger's former attorney, David Leroy.
Giddings replied that her office "does not have any public record related to your request that isn't already public." The Legislative Services Offices, which handles records requests for lawmakers, also failed to find any relevant documents in Giddings' House email account.
After Giddings ignored follow-up letters requesting clarification, Birch filed a motion to compel disclose of any records.
Judge Barton held a hearing in May for attorneys to argue the case.
Court documents indicate that Giddings stated under oath that she didn't have any written communications with von Ehlinger, and that she deleted two emails from Leroy before receiving the records request from Birch.
Although the emails were public records, the Idaho Legislature hasn't adopted a records retention schedule — meaning lawmakers can delete records whenever they want, so long as they aren't the subject of a pending records request.
"There is no evidence currently before this court that 'certain public records are being improperly withheld from a member of the public,' " noted Barton in his ruling, quoting from the relevant section of Idaho Code. "This court will not grant Ms. Birch's request for an order compelling disclosure."
Barton also rejected Birch's request for attorney fees, as well as a request to impose a civil fine on Giddings.
"It has not been shown that Rep. Giddings acted 'in bad faith improperly' refusing Ms. Birch's request," he wrote.
Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.
