West Virginia

State high court closes access to police misconduct files

Freedom of Information | Feature | June 8, 2001
Feature
June 8, 2001

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the state Supreme Court in mid-March overturned a Circuit Court judge's decision ordering two newspapers to turn over unpublished photographs to a defendant on trial for murder.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.

11. Other penalties.

Prior to the 1999 amendments, the Act required that upon conviction of the misdemeanor offense of willfully and knowingly violating the provisions of the Open Meetings Act, a member of a public or governmental body may be imprisoned in the county jail for not more than ten days, in addition to the fine. W. Va. Code § 6-9A-6. That provision was removed from the Act in 1999.

(3). Where posted.

There is no requirement for posting the notice of an executive session. Under the statute, the presiding officer simply can give notice orally during the course of the meeting.

2. Is software and/or file metadata public?

There have been no court decisions or agency guidance indicating how file metadata is to be treated for purposes of FOIA analysis.

b. Fees for records.

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

3. Nature of appeal

There is no "appeal by right" to the West Virginia Supreme Court of Appeals; the acceptance of an appeal by that court is entirely discretionary. A party may seek extraordinary relief in the Supreme Court by filing a Petition for Writ of Prohibition or for Writ of mandamus to preclude enforcement of the circuit court's ruling or to compel the court to rule in the correct manner. Like a Petition for Appeal, Petitions for extraordinary writs, such as Prohibition or Mandamus are discretionary.