Case Summary
A Wisconsin-based investigative organization filed suit against Ohio Attorney General David Yost in Ohio state court after he refused to comply with multiple public records requests from the organization. LWVO filed an amicus brief urging the Ohio Supreme Court to uphold a lower court decision ordering the attorney general to produce the requested documents during trial.
On March 10, 2020, the Center for Media and Democracy (Center) submitted a public records request seeking records of Ohio Attorney General David Yost's involvement with the Republican Attorneys General Association (RAGA) and the Rule of Law Defense Fund (RLDF). The Center contended that the two groups were involved in coordinating and funding legislation and litigation efforts across the country and that the Center’s separate litigation in other states had revealed the ongoing involvement of the attorney general and his office with these two groups. Yost refused to comply with the public records request, arguing that the requested documents were not official business records and thus exempt from disclosure.
On December 1, 2020, after the attorney general refused a renewed request for the records at issue, the Center filed suit in the Ohio Court of Appeals arguing that he had violated his duty to disclose the documents under the Ohio Public Records Act. The Center asked the court to order the attorney general to comply with the records request.
During discovery, a magistrate judge ordered the attorney general to comply with deposition questioning and to produce communications between himself, his office’s employees, and RAGA or RLDF. The documents and deposition were to be produced for the court's review to determine whether the requested documents were public record and whether Yost had violated his duty to disclose in refusing to produce the documents. The attorney general moved to set aside the trial court's discovery order, arguing compliance would be immensely burdensome and that the documents the court ordered to be produced were not public records. On February 3, 2023, the Ohio Court of Appeals denied the motion to set aside the magistrate's order. In response, the attorney general appealed to the Ohio Supreme Court.
On June 15, 2023, the League of Women Voters of Ohio (LWVO) filed an amicus brief supporting the Center. The League emphasized that a rule allowing public officials to avoid discovery in public records cases based on the official's own characterization of the documents would only allow officials to continue to conceal important public records. Additionally, it would frustrate the purpose of the Public Records Act and the judicial system’s checks and balances in these cases if judges were unable to review any documents to determine their nature and whether the public is entitled to their disclosure.
On June 15, 2023, the Center filed an emergency motion with the Ohio Supreme Court asking the court to order Yost and his staff to refrain from any further destruction of communications between Yost's office and RAGA and RDLF. This motion came after testimony from staff revealed that these communications were regularly deleted during the course of the litigation.
LWVO is represented by Marshall Forman & Schlein LLC in this matter.
LWV Timeline
Center for Media and Democracy files complaint
The Center for Media and Democracy files a complaint asking the court to compel Attorney General David Yost to comply with the group's public records requests.
Court orders attorney general to produce records and be deposed
A state court orders Attorney General Yost to produce documents for the judge's review and sit for a deposition. The magistrate rejected as overbroad a records request seeking any communications related to official positions later taken by the attorney general.
Attorney general moves to set aside the court order
The attorney general files a motion asking the Ohio Court of Appeals to set aside the order compelling him to produce the relevant documents for the court and sit for a deposition.
Ohio Court of Appeals denies motion to set aside discovery order
The Court of Appeals denies the attorney general's motion to set aside the lower court's order. The court holds that the deposition and production of the documents are necessary to determine whether the documents were public records and whether the attorney general and his staff withheld these documents.
Attorney general appeals to the Ohio Supreme Court
The attorney general appeals the lower court’s ruling to the Ohio Supreme Court, arguing that his office should not be required to turn over documents he believes to be private documents not subject to disclosure under the Ohio Public Records Act.
LWVO files an amicus brief in the Ohio Supreme Court
LWVO files an amicus brief supporting the Center for Media and Democracy and asks the court to uphold the lower court’s order requiring Attorney General Yost to produce the requested documents in court.
Center for Media and Democracy files emergency motion
The Center for Media and Democracy files an emergency motion asking the court to order the attorney general’s office to refrain from destroying the documents at issue in the case.
Attorney general files reply brief in Ohio Supreme Court
Attorney General Yost files a brief in response to Center for Media and Democracy’s appellant brief, arguing that the lower court’s order was overbroad and unconstitutional in requiring him to sit for a deposition and to produce the requested documents.
Ohio Supreme Court denies plaintiff’s motion to dismiss
The Ohio Supreme Court denies the plaintiffs' motion to dismiss the attorney general’s appeal.