WVa Supreme Court Rules Personal Emails Not Subject to FOIA Requests

From Sunshine Review

[edit] November 12, 2009

Updated From: March 5, 2009

Charleston, West Virgina On Thursday, November 12, 2009, the West Virginia Supreme Court finally delivered its ruling in The Associated Press v. Canterbury. In a 4-1 decision, the court established that private communication to and from government employees do not qualify as a public record. This important decision comes at the same time that the Wisconsin Supreme Court is holding hearings in a similar case.

[edit] Justification

The Supreme court referenced a number of established decisions from other states that determined that private communication by public employees did not qualify as public records. Citing cases from Arizona, Colorado, FLorida and Tennessee which established separations between public records and private personal communications. The court also threw out the Associated Presses contention that the national interest in the emails between Chief Justice Elliot "Spike" Maynard and Massey Energy Chief Executive Don Blankenship constituted a justification for altering the states open records law. Justice Margaret Workman dissented from the opinion. ^[1]

[edit] WVa Supreme Court agrees to hear e-mail FOIA case

Updated From: March 5, 2009 "The West Virginia Supreme Court unanimously agreed Thursday to consider The Associated Press' appeal of a ruling on whether the justices' e-mails are subject to the state's Freedom of Information Act.

The AP is appealing a Kanawha County Circuit Court ruling that released just five of 13 e-mails between former Chief Justice Elliot "Spike" Maynard and Massey Energy Chief Executive Don Blankenship."

[edit] See also

• West Virginia transparency headlines
• West Virginia Freedom of Information Act

[edit] External Links

• The West Virginia Record, "Justices say Maynard's e-mails shouldn't have been public"
• Ruling of the Court
• Daily Press, WVa Supreme Court agrees to hear e-mail FOIA case, March 5, 2009
• The Record, "Justices hear case about Maynard-Blankenship e-mails " update on the case

[edit] References

Report It •	The Good •	The Bad

1. ↑ The West Virginia Record, "Justices say Maynard's e-mails shouldn't have been public"

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