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Couloumbis v. Senate of Pennsylvania; Janesch v. Pennsylvania House of Representatives

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  1. Freedom of Information

Case Numbers: 160 CD 2022; 142 CD 2022

Court: Commonwealth Court of Pennsylvania

Clients: Angela Couloumbis, Sam Janesch

Petitions for Review Filed: February 2022

Background: In October 2021, Angela Couloumbis, an investigative reporter for Spotlight PA, and Sam Janesch, previously an investigative reporter for The Caucus, submitted public records requests to the state House and Senate under Pennsylvania’s Right to Know Law. The requests specifically sought records related to outside legal work performed by law firms or attorneys hired or retained by the House or Senate or any House or Senate employee.

The next month, the House and Senate responded by partially granting and partially denying the journalists’ requests. Both legislative bodies stated that they would produce responsive records but would redact information that they said was subject to either the attorney-client or attorney work-product privilege, as well as personal financial information.

Couloumbis and Janesch appealed the partial denials to the House and Senate appeals officers, arguing that both bodies had interpreted the attorney-client and attorney work-product privileges too broadly and had redacted information that wasn’t subject to either privilege.

In January 2022, the journalists noted their appeal in an investigation they co-reported about the heavily redacted records they had received and what they described as “a stubborn pattern of secrecy surrounding the legislature’s agreements with private lawyers.”

The appeals officers later affirmed the decisions by the House and Senate to redact the records.

On behalf of Couloumbis and Janesch, Reporters Committee attorneys filed two petitions  — one against the House, the other against the Senate — asking the Commonwealth Court of Pennsylvania to reverse the determinations of the appeals officers for both legislative bodies. (The two cases have not been consolidated, but they will be heard together.)

Filings:

2022-02-25: Petition for review (Senate)

2022-02-25: Exhibit A (Senate)

2022-02-18: Petition for review (House)

2022-02-18: Exhibit A (House)

2022-05-09: Order denying application for consolidation