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Ombudsman clarifies attorney-client privilege handling as committee passes disclosure measure
Summary
The Office of the Ombudsman told the House committee that HB 2219 does not require agencies to supply privileged attorney-client or work-product materials and that providing such materials to the ombudsman would not waive privilege to other parties; the committee passed the bill with amendments.
The House Committee on Legislative Management considered HB 2219 on Feb. 18, a bill concerning disclosure of attorney-client and attorney work-product privileged communications to the Office of the Ombudsman.
A representative of the Office of the Ombudsman clarified the measure’s scope, saying the bill does not require any agency or individual to provide privileged information to the office. “It only states that if that information is provided to my office, it doesn't waive that privilege to any other party,” the Ombudsman representative told the committee.
Committee members had no substantive follow-up questions recorded in the transcript. The committee voted to pass HB 2219 with amendments and set a defective effective date; the chair’s recommendation was adopted.
The committee did not further specify implementation or reporting requirements during the hearing. The measure will proceed with the amendments adopted by the committee for any subsequent drafting or floor consideration.
