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AP sues W.Va. Supreme Court for access to records
CHARLESTON, W.Va. (AP) _ The Associated Press asked a circuit judge Wednesday 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.
The AP alleges the court erred when it concluded earlier this year that records maintained by Chief Justice Elliott "Spike" Maynard were not subject to FOIA. 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.
"While it is abundantly clear what is at the heart of this particular request, any demand for the disclosure of communications or information of West Virginia Supreme Court Justices has effects well beyond any singular request," court administrator Steve Canterbury said in a statement released by the court. "The disclosure of the requested information sets a bad precedent, is likely unconstitutional, and has long-range ramifications."
The AP's complaint, filed in Kanawha County Circuit Court, argues that the FOIA law allows residents to inspect records held by a public body and the definition of public body includes state officers and West Virginia's "judicial departments." In West Virginia, justices are elected to the court.
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.
"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," Canterbury said.
Maynard's and Blankenship's relationship became public earlier this year when vacation photographs of the two were included in a request that the high court reconsider its November 3-2 decision that overturned a multimillion-dollar judgment won by Harman Mining Co. against Massey in 2002.
The court agreed to reconsider the case and Maynard recused himself from the rehearing. He has since said he will recuse himself from hearing all cases involving Massey Energy.
After rehearing the case, the court — with two judges sitting in for Maynard and Justice Larry Starcher — again voted 3-2 to overturn the verdict. Starcher also recused himself from the case.
Maynard is seeking re-election to a 12-year term this year.
