Editor's Note

The FOI Advocate is a compendium of ideas, edited story excerpts and other materials from a variety of Web sites, as well as original concepts and analysis. When the information comes directly from another source, it will be attributed and a link will be provided whenever possible. The blog relies on the accuracy and integrity of the original sources cited. We will correct errors and inaccuracies when we become aware of them.

Saturday, September 20, 2008

AP wins suit over chief justice's e-mails

A Kanawha County Circuit judge ruled that the West Virginia Supreme Court chief justice's e-mails concerning public business fell under the state FOIA laws. Arguments that the justices don't fall under the FOIA laws because of separation of powers were dismissed.
Five e-mails sent by West Virginia Supreme Court Chief Justice Elliott “Spike” Maynard to Massey Energy chief Don Blankenship show the justice was concerned with a Democratic challenger’s candidacy ahead of a primary that he ultimately lost.

The e-mails were released today, one day after a Kanawha County Circuit judge sided with the Associated Press, which sued the Supreme Court to have the messages released under the state’s Freedom of Information Act.

Judge Duke Bloom ruled yesterday that judicial officers are not exempt from the state’s open-records laws. Bloom’s order gave the Supreme Court 10 days to release the documents.

More here.

No comments: