A new motion has been filed in the case against Commonwealth’s Attorney Denise Lunsford. Last year, attorney Matt Hardin filed a Freedom of Information Act request, asking for records pertaining to both the Mark Weiner case and communication between Lunsford and former supervisor Chris Dumler.

When he was told his FOIA request would cost $3,200 and take five weeks, Hardin filed a motion in Richmond. Hardin says Lunsford wants to have it heard in Albemarle, citing a 2001 case in which the state Supreme Court ruled Commonwealth’s Attorneys’ offices were not public bodies.

“The legislature saw that decision and changed the law,” Hardin says. “The legislature decided that public offices, constitutional officers, anyone who gets funding from the Commonwealth of Virginia counts as a public body and has to provide records under FOIA, so that case has been superseded. I responded to inform the court that Ms. Lunsford’s argument is more than a little bit absurd.”

If the lawsuit isn’t resolved by January, it’s up to Commonwealth’s Attorney-elect Robert Tracci to handle the request.