Former first lady Cylvia Hayes must pay The Oregonian/OregonLive $127,760 to cover the news organization's legal bill in her failed public-records lawsuit.

Marion County Judge Tracy Prall notified attorneys about the award in a five-page letter Wednesday. The decision arrives nearly 18 months after The Oregonian/OregonLive first requested Hayes' emails in light of an influence-peddling scandal that would ultimately lead Hayes' fiance, Gov. John Kitzhaber, to resign. Federal agents launched a criminal investigation into the matter that continues today.

Attorney General Ellen Rosenblum ordered Hayes to turn over messages from her private account that concerned public business. Hayes refused and filed a lawsuit in February 2015 to block the emails from release.

She contended she wasn't a public official, and not subject to the Oregon Public Records Law as a result. The judge disagreed. Prall ruled in The Oregonian/OregonLive's favor in August. A different judge then reviewed more than 72,000 emails and decided nearly two-thirds of the messages should be released.

The Oregonian/OregonLive filed a motion in March to recover attorney fees, as allowed under the state records law. Hayes' attorney responded in court documents by saying the award would punish her for protecting her personal documents and her right against self-incrimination.

In Wednesday's five-page decision, the judge described Hayes' assertion that she was not a public body "objectively unreasonable." Prall also wrote that awarding the attorney fees could deter other public agencies and officials in the future from claiming the same thing.

Charles Hinkle, who has long represented The Oregonian/OregonLive, said the records law allows organizations to recoup legal fees to encourage the disclosure of public records and avoidance of costly legal cases.

Mark Katches, editor of The Oregonian/OregonLive, applauded the ruling.

"This was a costly, protracted fight that we pursued in the public interest," he said. "We look forward to Ms. Hayes complying with this important decision. We would hope that she will do so in a timely manner."

Hinkle believes the award against Hayes is the largest to date involving the Oregon Public Records Law. He said Hayes could have avoided the costs altogether if she had complied with the attorney general's original order.

"She wound up in the same place that she would have been a year and a half ago, except for now she owes $128,000," Hinkle said.

Neither Hayes nor her attorney, Whitney Boise, have returned a message to comment on the judge's decision.

In a Facebook post, Hayes wrote that she was shocked and plans to appeal. "And I do not intend to give a dime to the Oregonian, which has been dishonest, irresponsible and biased in its coverage of my case," she wrote.

Hayes' ability to pay the award is unknown.

A publicly funded defense team represents Hayes in the ongoing criminal investigation, meaning court officials have concluded she wouldn't be able to cover legal costs herself.

The former governor has kept a lower profile. He did, however, start a Facebook page in March and issued a video statement that has been viewed more than 26,000 times. "When the truth is known and the current investigation complete, the public will know that I was not involved in any wrongdoing," he said.

Federal officials have not said when they expect to release the results of their investigation.

This story has been updated with comment from Hayes.

-- Molly Young

myoung@oregonian.com

503-412-7056

@mollykyoung