CHEYENNE -- Three Wyoming groups are asking the state Supreme Court for permission to weigh into a legal dispute that pits a Cheyenne newspaper against Gov. Dave Freudenthal in a fight over public records.

The Wyoming Tribune Eagle sued Freudenthal and other state officials this spring over withholding state agency recommendations on how to trim budgets in the face of declining state revenues. The governor this summer imposed 10 percent budget cuts on most state agencies.

Freudenthal denied the newspaper's request to release the agencies' proposed budget cuts. He said the recommendations weren't public because they were part of the "deliberative process."

In response to the newspaper's lawsuit, Judge Edward L. Grant of Cheyenne ruled that the law should allow for such a "deliberative process privilege" exception. However, he said documents outlining proposed budget cuts wouldn't be covered.

The Wyoming Education Association, the Wyoming Trial Lawyers Association and the Equality State Policy Center filed a request with the state Supreme Court on Monday asking for permission to file a friend-of-the-court brief supporting the newspaper's position in the appeal.

Bruce Salzburg, Wyoming attorney general, said Tuesday he hadn't yet reviewed the groups' request. He said he couldn't comment on it or say whether the state would oppose it.

Dan Neal, executive director of the policy center, said Tuesday that Freudenthal takes the position that only he gets to hear the advice he receives.

Neal warned that other public officials in the state could piggyback on the governor's position if it's allowed to stand.

"Any time they wanted to keep a public record out of public hands, they could claim it is 'pre-decisional' and thus privileged information," Neal stated.

Kathryn Valido, president of the WEA, also said the group is concerned about the possibility that Freudenthal's position would create a new exception to the state's public information law. The association, which represents teachers in the state, has sued the state in the past to secure increased school funding.

Valido said Freudenthal's position would erode her group's ability to gather information it needs to monitor school reform and finance issues.

Steve Kline, president of the trial lawyer's group, said that his group is against creating a new privilege not founded in existing state law.

"Every attorney who litigates with a governmental agency or who subpoenas documents or witness testimony from governmental sources, will potentially have to jump a new hurdle over whether the materials and information sought quality under such a new privilege," the group's court brief states.

Tribune Eagle executive editor D. Reed Eckhardt said he's pleased with the groups' support.

Eckhardt said he agreed with Neal that the biggest concern is to make sure that Freudenthal's attempted use of the "deliberative process" privilege didn't spread to other government entities.

"If the Legislature wants to put the privilege into law, let them debate the privilege," Eckhardt said, adding that the governor then would be free to lobby for the proposal and ultimately would see if the Legislature is willing to give it to him.