AG opinion: Kim Davis violated Open Records Act
Rowan County Clerk Kim Davis, who famously refused to give marriage licenses to same-sex couples last year, violated the state's Open Records Act, the Kentucky Office of the Attorney General determined in a newly released opinion.
The opinion revolves around a records request the nonprofit Campaign for Accountability made in March for copies of various documents, including ones regarding any retainer or attorney-client engagement agreements between herself or her staff and Liberty Counsel, a different nonprofit that has represented Davis since she became embroiled in a legal battle over the marriage-license issue.
Liberty Counsel acted on Davis's behalf when it rejected the records request as improper for multiple reasons, according to the Office of the Attorney General's opinion, which is dated June 30. The Campaign for Accountability filed an appeal in late March and resubmitted its request to Davis in April.
On Davis's behalf, Liberty Counsel responded to the new request by producing certain documents but withholding others, the opinion said. Liberty Counsel cited attorney-client privilege and legal exceptions for preliminary documents among its reasons for not providing some records.
When the attorney general's office asked to see the withheld documents so it could review them, Liberty Counsel refused, saying the request was improper, the opinion said.
Davis didn't violate the Open Records Act by having her private counsel respond to the records request, the opinion said, but she did violate it by refusing to allow the attorney general's office to inspect the supposedly exempt documents.
Mat Staver, Liberty Counsel's founder and chairman, said Tuesday that they will provide the documents that were previously withheld in light of this opinion, although there aren't many of them.
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They've never had a problem providing the contents of those documents, he said, but they wanted to make sure no information that was protected by attorney-client privilege was revealed and that the proper procedures were followed.
Although Staver hasn't spoken about this with Davis, whom Liberty Counsel represents pro bono, he said he doesn't see any reason at this stage to appeal the office's opinion.
Anne Weismann, executive director of the Campaign for Accountability, said the determination that there was an open records violation was "absolutely spot-on."
"Well, I think the Attorney General was right to call them on completely flouting the law," she said.
Groups like Liberty Counsel have been pushing an anti-LGBT agenda in different states, Weismann said. The Campaign for Accountability requested these records to learn more about Davis's relationship with Liberty Counsel.
Weismann cited the importance of carefully handling government officials' representation by private counsel to ensure it doesn't impede their responsibility to the public.