A judge has refused a request by South Carolina House Republicans to dismiss a lawsuit brought by a coalition of news outlets — including The Post and Courier — challenging the party's caucus contention it has a constitutional right to block public access to its meetings and records.
The filing doesn't immediately settle the news media's case, but it does give support to the argument that caucus activities should be open under current state law.
Media attorney Jay Bender earlier argued that a self-written rule the House passed to exempt its caucuses from public scrutiny can't replace the state's legislatively vetted Freedom of Information Act.
Only legislation passed by both chambers can amend state law, Bender said.
In an eight-page filing Tuesday, Circuit Judge Thomas Cooper Jr. sided with the news media argument.
"The FOIA cannot be amended except by legislation in the form of an Act meeting the requirements of the Constitution," his decision said.
A likely next step by the press coalition will be to seek summary judgment since the court order seemingly identifies the caucus as a public body under FOIA and therefore subject to disclosure requirements.
The news outlets filed the case in April after the GOP caucus would not provide the media with records subpoenaed by Solicitor David Pascoe in his investigation into Statehouse corruption.
The caucus refused two separate public records requests. One sought a copy of all documents turned over to Pascoe, as well as his subpoena.
The other asked for payment records specifically to the firms of veteran GOP strategist Richard Quinn and his son Rep. Rick Quinn, who, as a former House majority leader, led the caucus from 1999 through 2004. Both Quinns now face conspiracy charges. Rep. Quinn, suspended from office since May, also faces misconduct in office charges. They deny doing anything illegal.
The records could help shine more light on how the Statehouse operates against a backdrop of a confirmed criminal corruption investigation.
In rejecting the earlier request, caucus attorney Jennifer Hollingsworth had pointed to a 2006 opinion from then-Attorney General Henry McMaster. At the time, McMaster, who became governor in January, said the majority caucus is subject to the state's public records law, since it is "supported by publicly funded equipment and space" and is assisted by House staff, whose salaries are paid by taxpayers.
However, his nonbinding legal opinion concluded that the Legislature could also pass a law or chamber rule to address the issue.
Following that opinion, requested by then-Majority Leader Jim Merrill, the House passed a rule in January 2007 exempting caucuses from the open records law.
Merrill is among the six current and former GOP legislators so far ensnared by Pascoe's probe since 2014. He pleaded guilty earlier this year to misdemeanor misconduct and resigned.
Hollingsworth said the caucus followed one of the two options McMaster provided. The Senate also has a rule exempting its caucuses from FOIA.
"The Legislature's entitled to make its own rules," Hollingsworth said in court, arguing also that the courts should not weigh in at all on an issue of legislative powers.
Bender said courts can always consider whether the Legislature has violated the state constitution, something that Judge Cooper agreed with Tuesday.
Other outlets in the media coalition that sued include The Associated Press, The State newspaper of Columbia, The Greenville News, the S.C. Press Association and S.C. Broadcasters Association.
