AP FILES SUIT TO GET SUPREME COURT FILES - Court Officials Say FOIA Does Not Include Justices

(05/02/2008)

The Associated Press asked a judge to require West Virginia's Supreme Court to comply with the state's Freedom of Information Act by releasing e-mails, visitor logs and other records of its chief justice Spike Maynard. The court has declined the request. "The legislative branch, through the enactment of the Freedom of Information Act (FOIA) statute, cannot require the judicial branch of government to disclose the communications of its members," court official Steve Canterbury said. The court did release other information pertaining to other court employees. The AP filed FOIA requests in January seeking any communication between Maynard and Massey Energy chief Don Blankenship. The information was sought as part of the AP's coverage of Maynard's July 2006 European vacation rendezvous with Blankenship. The coal company had several cases pending or headed toward West Virginia's sole appeals court at the time. "The disclosure of the requested information sets a bad precedent, is likely unconstitutional, and has long-range ramifications," said Canterbury. Canterbury said court orders, pleadings and budget documents are made public, but making the private communications of judicial officers and court employees subject to FOIA is contrary to the sound administration of West Virginia's court system. Maynard is seeking re-election to a 12-year term this year.

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