Stilger v. Flint

Summary

The Kentucky Supreme Court held that communications to the Kentucky Attorney General concerning alleged wrongdoing were not part of a judicial proceeding and therefore were entitled to only a qualified, rather than absolute, privilege. Because a genuine issue remained regarding the applicable privilege, the court affirmed the Court of Appeals’ reversal of summary judgment for the attorney and remanded the case.

Holdings

1. Communications made to the Kentucky Attorney General's office in connection with an investigation are not part of a judicial proceeding and are therefore entitled only to a qualified privilege, not an absolute privilege.
2. Summary judgment was improper because the record presented a genuine issue concerning whether Stilger's communication to the Attorney General was entitled to absolute or qualified privilege.

Questions Presented

1. Whether communications between an attorney, acting for a client, and the Kentucky Attorney General concerning a request for investigation are absolutely privileged as communications preliminary to a judicial proceeding.
2. Whether summary judgment was proper where a genuine issue existed concerning whether Stilger's letter was pertinent, material, or relevant to a judicial proceeding.

Disposition

affirmed