West Virginia

State high court upholds trial court's closure of juvenile court proceedings

Secret Courts | Feature | August 9, 1999
Feature
August 9, 1999

WEST VIRGINIA--In mid-July, the state Supreme Court of Appeals in Charleston, the state's highest court, unanimously upheld a trial court's order closing a case concerning the suspension of a student by the school board and sealing juvenile education records because it found a compelling public policy of protecting the confidentiality of juvenile information in all court proceedings exists in the state.

Reporter's privilege upheld in murder trial

Reporter's Privilege | Feature | April 21, 1997
Feature
April 21, 1997

Reporter's privilege upheld in murder trial

04/21/97

WEST VIRGINIA--Affirming that a qualified reporter's privilege does exist in West Virginia, the state Supreme Court in mid-March overturned a Circuit Court judge's decision ordering two newspapers to turn over unpublished photographs to a defendant on trial for murder.

Private session with school administrators violated meetings law

Freedom of Information | Feature | June 17, 1996
Feature
June 17, 1996

Private session with school administrators violated meetings law

06/17/96

WEST VIRGINIA--The state Supreme Court of Appeals in mid-May affirmed 5-0 a circuit court decision holding that the Fayette County School Board violated the Open Governmental Proceedings Act when four of its five members met privately with school system administrators the day before voting on the closing and consolidation of three schools.

Judge quashes subpoenas issued by criminal defendant

Reporter's Privilege | Feature | May 16, 1995
Feature
May 16, 1995

Judge quashes subpoenas issued by criminal defendant

05/16/95

WEST VIRGINIA--In early May, a trial judge quashed subpoenas issued to two newspaper reporters by a criminal defendant who was attempting to force the judge to recuse himself from the case.

E. How are text messages and instant messages treated?

(This section is blank. See the subpoints below.)

c. Consequences of refusing

West Virginia courts have not addressed the consequences of a reporter who refuses to consent to an in camera review of requested material. Pragmatically speaking, however, if an interlocutory appeal from an order mandating an in camera review is taken, acceptance of a Petition for Writ of prohibition by the state Supreme Court effectively operates to stay the order.

8. Other bodies to which governmental or public functions are delegated.

The public agency definition also is broad enough to cover other bodies to which governmental or public functions are delegated. As with most of these categories, any conclusion concerning the applicability of the Open Meetings Act depends upon the particular facts.

2. Will the court give priority to the pleading?

There is no provision directing the court to give priority to a citizen's petition challenging a public agency's actions under the Open Meetings Act. However, if the petition seeks to enjoin an imminent violation of the statute, an expedited hearing will be available.

2. Trustee records.

(This section is blank. See the point above.)