Dickson v. Rucho

Summary

The Supreme Court of North Carolina considered whether N.C. Gen. Stat. § 120-133 waived legislators’ attorney-client privilege and work-product protection for redistricting-related communications. The Court held that the statute did not clearly and unambiguously waive those common-law protections, affirming in part and reversing in part the discovery order of a three-judge Superior Court panel. Justice Beasley did not participate, and Justice Hudson dissented.

Holdings

1. N.C.G.S. § 120-133 does not waive the attorney-client privilege for pre-enactment redistricting communications and documents because the statute contains no clear and unambiguous statement waiving that common-law protection.
2. N.C.G.S. § 120-133 does not waive work-product protection for pre-enactment redistricting materials because the statute lacks a clear and unambiguous waiver of that doctrine.
3. Attorney-client privilege and work-product protection apply to relevant post-enactment redistricting communications and documents.

Questions Presented

1. Whether N.C.G.S. § 120-133 clearly and unambiguously waives legislators' attorney-client privilege for pre-enactment redistricting communications and documents.
2. Whether N.C.G.S. § 120-133 waives or otherwise eliminates work-product protection for pre-enactment redistricting communications and documents.
3. Whether attorney-client privilege and work-product protection apply to relevant post-enactment communications and documents.

Disposition

reversed_and_remanded