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. But, the lawsuit was dismissed by an Ada County judge in May.
Ada County District Judge Peter Barton dismissed the suit with prejudice after he said “there is no evidence” that “public records are being improperly withheld from a member of the public,” Barton wrote in the judgment obtained by the Idaho Statesman.
Since Barton dismissed the lawsuit with prejudice, it cannot be brought back to court to be reheard.
A White Bird Republican, Giddings was sued by Erika Birch, an attorney representing the now 20-year-old legislative intern von Ehlinger raped. The Lewiston Tribune first reported on the dismissal.
Before his resignation from the legislature Giddings, who lost the primary race for Lt. Governor to Idaho House Speaker Scott Bedke, supported 40-year-old von Ehlinger.
Additionally, fellow lawmakers reprimanded Giddings — removing her from a legislative committee — after she shared an article from a conservative news site that identified the former intern by name even though the person’s identity was kept anonymous throughout the ethics hearing to determine if von Ehlinger engaged in “conduct unbecoming,” according to previous Statesman coverage.
In August 2021, Birch requested communication between Giddings and von Ehlinger and between Giddings and David Leroy regarding the intern, the Statesman previously reported. Leroy was Idaho’s Lt. Governor from 1983 to 1987 and is now a Boise-based attorney who represented von Ehlinger during the ethics hearing.
Giddings denied that the records existed in a January newsletter and added that the lawsuit was politically motivated, the Statesman previously reported. Giddings did not immediately respond to a request for comment Saturday.
Giddings stood by that assertion in April when she swore under oath that she “never had any written communications with Aaron von Ehlinger about the requested topics,” according to the May judgment. Giddings said she had two written communications with Leroy about the topics in May 2021 but deleted them “many months” before receiving Birch’s record request.
According to the judgment, Birch did not seek any relief from her lawsuit regarding Giddings’ decision to delete the two emails from Leroy. The Idaho Capitol Sun reported that Birch’s attorney Wendy Olson, filed a response in May, before the judgment, that Giddings did not comply with Birch’s request because the Idaho Public Records should have included other means of communications aside from Giddings’ legislative email. It’s unclear whether Giddings searched through different communication platforms.
Olson did not immediately respond to a request for comment Saturday.
According to Idaho’s Public Records Law Manual, a request for written information could include handwriting, typewriting, printing, photographing and “every means of recording.” The manual includes email and text messages but does not address social media.
The Lewiston Tribune detailed in 2021 that it is common practice among lawmakers to delete varying forms of written communication and there are no safeguards in place. It’s unclear if Idaho’s legislature has any plans to address this concern next legislative session.
Giddings’ state-provided lawyers did not directly respond to a request for comment but provided the Statesman with a copy of the judgment through spokesperson Scott Graf.
Another leg of Birch’s complaint included a request for Giddings to pay attorney fees and litigation costs. Birch also argued that Giddings “acted deliberately and in bad faith” by denying the records, and because of that, Giddings should face a civil penalty of up to $1,000. Both those requests were denied, as Barton said Giddings proved she didn’t refuse to provide copies of the records.
Attempts to reach Birch were unsuccessful as the Boise-based lawyer is on sabbatical.
Reporter Ryan Suppe contributed.
