A state senator’s refusal to fill an open records request could have wide-reaching legal implications for lawmakers by possibly shielding them from lawsuits stemming from requests while in office.

Attorney General J.B. Van Hollen filed a motion on behalf of Sen. Leah Vukmir, R-Wauwatosa, stating Vukmir cannot be sued by the Center for Media and Democracy, a liberal investigative group, while she is in office under a provision of the state Constitution.

The center filed a lawsuit against Vukmir in June for the legislator to hand over documents from the American Legislative Exchange Council conference in May. Vukmir serves as the group’s national treasurer.

“The Constitution places a higher value on Senator Vukmir’s execution of her official duties without distraction or interference from civil lawsuits,” Assistant Attorney General Dan Lennington said in the motion. “Until Senator Vukmir is properly served during a period which she does not enjoy legislative immunity, the Court will lack personal jurisdiction over Senator Vukmir.”

Brendan Fischer, general counsel for the Center for the Media and Democracy, said Wisconsin has some of the strongest open records laws in the country, and the Department of Justice blocking the lawsuit could weaken future Freedom Of Information Act cases.

“If legislators are doing official business, the records they keep are subject to open records requests,” Fischer said. “This strong and proud tradition of openness in governance is necessary for democracy.”

Vukmir’s office declined to comment.

The precedent set by the DOJ in this case could make legislators permanently immune to civil litigation, the main enforcement mechanism for the open records law, Fischer said.

“Never before that we’re aware of has a legislator invoked this constitutional privilege to block an open records request,” Fischer said.  “The argument that this applies to an entire two-year term could make the [open records] law totally optional.”

Two years ago, the DOJ denied representation for legislators who found themselves the subject of open records suits, which has sparked criticisms the move on Vukmir’s behalf is fueled by partisanship.

Sen. Jon Erpernbach, D-Middleton, said Van Hollen refused him counsel in 2011 and he was told to comply with requests when he was approached by the conservative think tank MacIver Institute for Public Policy for the names and addresses of people sending him emails concerning Gov. Scott Walker’s collective bargaining law.

“I find it amazing that, in defense of a conservative organization, Attorney General Van Hollen now claims that a Legislator should not be required to comply with an open-records request for emails,” Erpenbach said in a statement. “This is the opposite of his stance two years ago.”

Erpenbach added protecting ALEC has been deemed more important than protecting citizens, a “worrisome” decision from the DOJ.

The center intends to pursue further action on the case in order to promote accountability and public access to government, Fischer said. He added the center would fight the argument using the state Constitution.

“All elected officials are acting on our behalf, and we have a right as citizens to know what they’re doing in our name,” Fischer said.

The DOJ declined to comment.