Under Court Ruling, Legislators' Emails Will Remain Private

INDIANAPOLIS - The Indiana Supreme Court Tuesday ruled it will not force Indiana lawmakers to release their emails under the state’s public records law.  

Citizen advocacy groups, including the Citizens Action Coalition, filed a lawsuit to gain access to emails between a House Republican legislator and utility companies. The state’s public records law exempts what’s called “legislative work product,” but doesn’t define what that means.  In 4-1 decision, the court ruled that releasing the emails would violate the separation of powers in the state's constitution.

State Supreme Court Justice Steven David wrote that for the Court to define work product and force lawmakers to disclose their emails would interfere with internal legislative procedures and violate separation of powers. 

Kerwin Olson, the executive director of the Citizens Action Coalition, said he was disappointed and frustrated by the ruling.  And he said lawmakers should now clarify the public records law to define work product…though he’s not hopeful they will:

“No legislative body wants to take up the issue of whether or not they should disclose communications with outside corporate interests,” Olson said.

In a dissenting opinion, Justice Robert Rucker called the court’s ruling “premature” and says lower courts should be able to explore how far the work product exemption applies.