Lawsuit against Idaho lawmaker dismissed. Judge finds ‘no evidence’ of withheld records

North Idaho Rep. Priscilla Giddings was sued over allegations that she illegally withheld copies of communication with Aaron von Ehlinger, a former state lawmaker convicted of raping a legislative intern. However, the lawsuit was dismissed by an Ada County choose in Might.

Ada County District Decide Peter Barton dismissed the go well with with prejudice after he mentioned “there isn’t any proof” that “public data are being improperly withheld from a member of the general public,” Barton wrote within the judgment obtained by the Idaho Statesman.

Since Barton dismissed the lawsuit with prejudice, it can’t be introduced again to courtroom to be reheard.

A White Chook Republican, Giddings was sued by Erika Birch, an lawyer representing the now 20-year-old legislative intern von Ehlinger raped. The Lewiston Tribune first reported on the dismissal.

Earlier than his resignation from the legislature Giddings, who misplaced the first race for Lt. Governor to Idaho Home Speaker Scott Bedke, supported 40-year-old von Ehlinger.

Moreover, fellow lawmakers reprimanded Giddings — eradicating her from a legislative committee — after she shared an article from a conservative information website that recognized the previous intern by title though the individual’s id was saved nameless all through the ethics listening to to find out if von Ehlinger engaged in “conduct unbecoming,” in response to earlier Statesman protection.

In August 2021, Birch requested communication between Giddings and von Ehlinger and between Giddings and David Leroy relating to the intern, the Statesman beforehand reported. Leroy was Idaho’s Lt. Governor from 1983 to 1987 and is now a Boise-based lawyer who represented von Ehlinger throughout the ethics listening to.

Giddings denied that the data existed in a January publication and added that the lawsuit was politically motivated, the Statesman beforehand reported. Giddings didn’t instantly reply to a request for remark Saturday.

Giddings stood by that assertion in April when she swore beneath oath that she “by no means had any written communications with Aaron von Ehlinger in regards to the requested subjects,” in response to the Might judgment. Giddings mentioned she had two written communications with Leroy in regards to the subjects in Might 2021 however deleted them “many months” earlier than receiving Birch’s report request.

Based on the judgment, Birch didn’t search any aid from her lawsuit relating to Giddings’ determination to delete the 2 emails from Leroy. The Idaho Capitol Solar reported that Birch’s lawyer Wendy Olson, filed a response in Might, earlier than the judgment, that Giddings didn’t adjust to Birch’s request as a result of the Idaho Public Information ought to have included different technique of communications apart from Giddings’ legislative e mail. It’s unclear whether or not Giddings searched by way of totally different communication platforms.

Olson didn’t instantly reply to a request for remark Saturday.

Based on Idaho’s Public Information Regulation Handbook, a request for written info might embrace handwriting, typewriting, printing, photographing and “each technique of recording.” The guide contains e mail and textual content messages however doesn’t handle social media.

The Lewiston Tribune detailed in 2021 that it is not uncommon observe amongst lawmakers to delete various types of written communication and there are not any safeguards in place. It’s unclear if Idaho’s legislature has any plans to deal with this concern subsequent legislative session.

Giddings’ state-provided legal professionals didn’t straight reply to a request for remark however supplied the Statesman with a duplicate of the judgment by way of spokesperson Scott Graf.

One other leg of Birch’s criticism included a request for Giddings to pay lawyer charges and litigation prices. Birch additionally argued that Giddings “acted intentionally and in dangerous religion” by denying the data, and due to that, Giddings ought to face a civil penalty of as much as $1,000. Each these requests have been denied, as Barton mentioned Giddings proved she didn’t refuse to supply copies of the data.

Makes an attempt to achieve Birch have been unsuccessful because the Boise-based lawyer is on sabbatical.

Reporter Ryan Suppe contributed.