The defendants in this redistricting challenge had unsuccessfully sought a protective order shielding legislators and their staff from deposition. Slip op. at 1. The three-judge panel ordered that the depositions go forward, but specified that the deponents could assert the privilege in response to specific questions and then answer the question under seal for the three-judge panel’s in camera review. Id. at 1-2. In this opinion, the panel clarified the procedure by pointing out that the privilege is personal to the individual legislators or staff members, rather than a right the Governor or others can invoke. Id. The panel then cited the five- factor test in Rodriguez v. Pataki, 280 F. Supp. 2d 89, 93-94 (S.D.N.Y. 2003) as controlling on the scope of the privilege. Slip op. at 3-4.
