The Ohio Supreme Court convened on Wednesday to deliberate a contentious public records dispute between Attorney General Dave Yost and a national watchdog organization.
According to CBS Pittsburgh, the five-year-old case centers on the Center for Media and Democracy's pursuit of records concerning Yost's connections to the Republican Attorneys General Association (RAGA) and its fundraising division, the Rule of Law Defense Fund.
The investigative group's interest stems from RAGA's involvement in organizing Republican attorneys general to oppose EPA clean air restrictions. The association later drew attention for its role in mobilizing Trump supporters before the January 6 Capitol events. These circumstances have intensified scrutiny over the requested documents' public accessibility.
Ohio Solicitor General T. Elliot Gaiser expressed concerns about the precedent-setting nature of the case. He warned that requiring the attorney general's deposition could lead to misuse of public records laws for political purposes. The state's legal team has consistently resisted both the document production and deposition orders.
The Center for Media and Democracy initiated their records request in March 2020, specifically targeting documents related to RAGA's winter meeting. Yost's office responded by claiming either no relevant records existed or that the requested information didn't qualify as public records.
The case escalated when a Tenth District Court of Appeals magistrate ordered Yost's office to answer questions about the communications and submit certain documents for private review. This in-camera review would help determine whether the materials constituted public records based on factors such as timing, personnel involvement, and official duties.
Chief Justice Sharon Kennedy raised questions about whether the lower court's requirements might exceed reasonable expectations of the state. The proceedings revealed complex considerations about the scope of public records law and its application to various forms of communication.
The attorney general's office argues that complying with the request could potentially expose communications from other states' Republican attorneys general and personal email accounts of staff members. They've also expressed concern about inadvertently revealing unrelated information about multistate lawsuits.
Jeffrey Vardaro, representing the Center for Media and Democracy, emphasized that the requested review would be conducted privately by the magistrate, not released publicly. He cautioned against allowing public officials to unilaterally classify records as private, stating:
Essentially, this is a question of if a precedent is set for a deposition of an attorney general in this case, it would be open season for lawfare and the weaponization of the public records act for witchhunts by every gadfly.
Justice Jennifer Brunner, the court's sole Democrat, highlighted the potential consequences of the case's outcome. She warned that officials might exploit private email usage to shield questionable activities from public scrutiny.
The Center's legal team stressed the significance of maintaining judicial oversight in public records disputes. Their arguments emphasized the importance of preventing officials from unilaterally determining record accessibility without court review.
The case represents a critical juncture in Ohio's public records law, with potential implications for government transparency and accountability across the state.
The Ohio Supreme Court's decision will determine whether Attorney General Dave Yost must provide records related to his involvement with the Republican Attorneys General Association to an appeals court for review. The case originated from the Center for Media and Democracy's investigation into RAGA's opposition to EPA clean air restrictions and its subsequent involvement in pre-January 6 events. As the court deliberates, the outcome could significantly impact how public records laws are interpreted and enforced in Ohio, particularly regarding communications between public officials and private organizations.
