Pat Bainter, as Non-Parties v. League of Women Voters of Florida

150 So. 3d 1115, 39 Fla. L. Weekly Supp. 689, 2014 Fla. LEXIS 3324, 2014 WL 5856169
CourtSupreme Court of Florida
DecidedNovember 13, 2014
DocketSC14-1200
StatusPublished
Cited by15 cases

This text of 150 So. 3d 1115 (Pat Bainter, as Non-Parties v. League of Women Voters of Florida) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pat Bainter, as Non-Parties v. League of Women Voters of Florida, 150 So. 3d 1115, 39 Fla. L. Weekly Supp. 689, 2014 Fla. LEXIS 3324, 2014 WL 5856169 (Fla. 2014).

Opinions

PARIENTE, J.

The narrow issue we address is whether the trial court erred by ordering the production of 538 pages of documents subpoenaed in a challenge to the constitutional validity of the Florida Legislature’s 2012 congressional redistricting plan.1 We affirm the trial court’s ruling. We hold that any objection to the production of these documents based on a qualified First Amendment privilege has been waived. We reach this conclusion after a detailed examination of the record regarding the litigation of this discovery issue, which clearly and conclusively demonstrates the inexcusable delay of non-parties Pat Bain-ter and his political consulting firm, Data Targeting, Inc., in asserting this qualified privilege.

Our holding of waiver is based on the totality of the circumstances in this case and not on any one particular factor. Those circumstances began when Bainter did not file a motion for a protective order or raise any legal objection to producing the documents when served with a subpoena duces tecum including these disputed documents within its scope. Instead, Bainter attended a deposition, during which he affirmatively testified under oath that he had conducted “a thorough search” for documents in response to the subpoena and had produced what he found.

Then, after being served with additional subpoenas duces tecum including these disputed documents within their scope, the non-parties did not raise any claim of a First Amendment privilege during six more months of hearings and filings regarding document production. Not until the day after the trial court held the non-parties in contempt of court and ordered them to pay attorney’s fees for failing to produce the documents did the words “First Amendment” appear for the first time in a filing or a hearing transcript in the trial court.

[1118]*1118The non-parties’ belated claim of a qualified First Amendment privilege also was asserted only after they had previously sought a writ of certiorari from the First District Court of Appeal to prevent the discovery of the disputed documents, not once raising in that certiorari petition that the documents contained privileged communications or, as they now claim, that they needed more time to review the documents for privileges. Instead, until they were held in contempt of court, the non-parties’ objections to production of these documents were based solely on the claimed irrelevancy and burdensome nature of the discovery requests.

However, the trial court consistently ruled that these documents were relevant as important circumstantial evidence of the claim that Bainter and other political consultants engaged in “a parallel redistricting process” to the open and transparent process championed by the Legislature, which was “conducted in the shadows” in an effort to “subvert[ ] the public process” and produce an unconstitutional “partisan map favoring Republicans and incumbents.” League of Women Voters of Fla. v. Data Targeting, Inc., 140 So.3d 510, 513 (Fla.2014). For his part, Bainter denied that this had occurred, stating in his sworn deposition in November 2012 that his involvement in the 2012 legislative redistricting was merely based on “intrigue” or an “after-the-fact interest” in the outcome and something he was involved with purely for the sake of his own “[kjnowledge.”

In other words, Bainter did not assert, as he does now, that the documents implicated his right to associate with others to submit redistricting maps through the public process. Instead, he denied submitting any maps through the public process, described himself as simply an “observer” in the 2012 legislative redistricting, and testified during his deposition about his firm’s drafting and analysis of redistricting maps without ever once stating that he might possess any privileged communications.

We simply do not countenance and will not tolerate actions during litigation that are not forthright and that are designed to delay and obfuscate the discovery process. As this Court has long stated, full and fair discovery is essential to the truth-finding function of our justice system, and parties and non-parties alike must comply not only with the “technical provisions of the discovery rules,” but also with “the purpose and spirit of those rules in both the criminal and civil context.” Scipio v. State, 928 So.2d 1138, 1144 (Fla. 2006) (citing Binger v. King Pest Control, 401 So.2d 1310,1314 (Fla.1981)).

Accordingly, concluding that the non-parties’ claim of a trade secrets privilege against production is also without merit, we affirm the trial court’s ruling requiring the production of the 538 pages of disputed documents.2 Because we reject the non-parties’ appellate claims of error, and in accordance with the over[1119]*1119riding public interest favoring openness to judicial proceedings and records, we direct that the 538 pages of documents currently under seal should be made part of the public record and that the sealed portions of the trial transcript, ordered sealed by this Court to preserve the status quo during the pendency of the trial and this appeal, should be and hereby are ordered unsealed. Not only is there no legally valid reason at this time for allowing these documents or the testimony admitted at trial under seal to be hidden from public view, but this Court is committed to the principle that “all trials, civil and criminal, are public events and there is a strong presumption of public access to these proceedings and their records.” Barron v. Fla. Freedom Newspapers, Inc., 581 So.2d 113,114 (Fla.1988).3

I. THE HISTORY OF THE DISCOVERY DISPUTE

The issue before the Court is whether the trial court erred by ordering the production of 538 pages of documents in the possession of non-parties to the redistricting litigation. We use the term “non-parties” to refer to all of the appellants in this proceeding, which consist of Pat Bain-ter, the president of Data Targeting, Inc., a political consulting company; two Data Targeting employees — Bainter’s assistant and a computer programmer; and the company itself. The Legislature, which was the primary defendant in the trial court during the underlying redistricting litigation, is not a party to this proceeding. Neither is the Florida State Conference of the National Association for the Advancement of Colored People (NAACP), which was an intervenor-defendant in the underlying litigation, or the Florida Secretary of State or Attorney General, who were also named defendants in the trial court.

Data Targeting is a political consulting company that provides strategy, polling, and a host of related campaign services to legislators and candidates for public office who are affiliated with the Republican Party. These disputed documents, which the non-parties belatedly asserted are privileged under the First Amendment and as trade secrets, were subpoenaed in support of the central claim in the underlying redistricting litigation that Bainter and other political consultants acted in concert with the Legislature to produce individual districts and an overall redis-trieting map favorable to the Republican Party and incumbents, in violation of the Florida Constitution’s redistricting standards.

We comprehensively set forth the history of the two-year protracted litigation over the documents in question to highlight the way in which the non-parties thwarted the discovery process.

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Cite This Page — Counsel Stack

Bluebook (online)
150 So. 3d 1115, 39 Fla. L. Weekly Supp. 689, 2014 Fla. LEXIS 3324, 2014 WL 5856169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pat-bainter-as-non-parties-v-league-of-women-voters-of-florida-fla-2014.