Karen Fann v. Hon. kemp/american Oversight

Summary

The court held that legislative privilege protects communications integral to the Arizona Senate’s deliberative and communicative processes concerning matters within the legislature’s jurisdiction, including legislative investigations, even without proposed legislation or proof of actual impairment. It concluded that the Senate’s investigation of the 2020 election was a privileged legislative act, while communications concerning administrative, political, or other non-legislative matters remain subject to disclosure. The court reversed the trial court, vacated the court of appeals’ decision, and remanded for further proceedings applying specified privilege-log procedures.