West Virginia

(3). Where posted.

Except for the requirement that state executive agencies file notice of their meetings with the secretary of state for publication in the state register, the statute does not state where notice of meetings must be posted. The Attorney General has advised that posting a notice on the courthouse door will fulfill the requirements of the statute for county commission meetings, Op. Att'y Gen., June 23, 1978, and that all state agencies should, at a minimum, file notice with the Secretary of State. Op. Att'y Gen., Nov. 20, 1978.

E. Grand jury records


West Virginia

e. Other.

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

c. Partial disclosure of information

There is no West Virginia caselaw or statute addressing whether a journalist may be deemed to have waived the privilege. Because the privilege is constitutional in nature, it is likely the privilege may never be deemed to have been waived.

b. Invalidate the decision.

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

C. Bank records.

Most bank records — and particularly "[i]nformation contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any" banking regulatory agency — are exempt from disclosure under Exemption 7 of the FOIA, as well as the specific statutes discussed above.


There have been several important court decisions interpreting West Virginia's Freedom of Information Act (FOIA) since the Fifth Edition of this guide was published in 2006 and three exemptions to the Act added by amendment. The Open Governmental Proceedings Act (called "the Sunshine Law" in West Virginia, but referred to herein as the Open Meetings Act) has not been amended since 1999.

The West Virginia Freedom of Information Act begins with an emphatic declaration that the people of the state demand an open government:

c. Minutes.

Emergency meetings are subject to the same requirements as any other meetings with respect to maintaining, and granting public access to minutes.

5. Waiting for a response.

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

2. Expedited appeals

There is no specific procedure for requesting an expedited appeal. Rule 2 of the Rules of Appellate Procedure allows the state Supreme Court to suspend its usual rules "[i]n the interest of expediting decision, or for other good cause shown[.]" There are no special considerations that affect news media subpoenas, other than the fact that Petitions for a Writ of Prohibition or a Writ of Mandamus are more favorably looked upon because of their First Amendment considerations than such Petitions that address other issues.