Loudoun County School Board Statement on B&K Report, June 7, 2023
The Loudoun County School Board has decided not to challenge the recent court order to produce the report prepared by the law firm Blankingship & Keith (B&K Report) to the Court. A majority of Board members disagree with the decision, as they believe the B&K Report was correctly kept privileged as it is attorney work product and an attorney-client privileged communication. However, Board members also believe it is better for the Loudoun County community if it does not contest this matter further, particularly because the B&K Report will remain confidential and can only be seen by the individuals involved in the case and their lawyers in the matters of Commonwealth of Virginia v. Scott Ziegler, CR-37536, CR-37874, and CR-37875.
In April 2022, a different Loudoun County Circuit Court judge ruled that it was “abundantly clear” that the B&K Report was an attorney-client privileged record that was prepared in anticipation of potential litigation. Since then, the School Board has exercised this privilege when asked to publicly share the B&K Report. Although the Circuit Court has now issued contradictory opinions about the B&K Report, and there is another Freedom of Information Act (FOIA) petition pending about the B&K Report that will be heard in August, a majority of the Board believes it is still appropriate to continue to assert attorney-client privilege and attorney work product exemptions in response to FOIA requests.