SALEM, Ore. (AP) – The state of Oregon is asking a Marion County judge whether it must give former Gov. John Kitzhaber’s personal emails to Oracle Corp.

The request was filed Wednesday in the year-old legal dispute over the troubled Cover Oregon health insurance website.

Oracle is seeking emails from Kitzhaber’s private Gmail account, which were archived on state servers, but Kitzhaber has threatened to sue if the emails are released.

The former governor contends his emails were accidentally archived and are illegally in the state’s possession.

Lawyers for the state take no position about whether the emails should go to Oracle.

Kitzhaber has been fighting for months to keep state officials from looking at the emails or turning them over to federal investigators, who are looking into the influence-peddling allegations that led him to resign.