West Virginia

1. Regular meetings.

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

Author

Overview

West Virginia

3. Contents of a written request.

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

IV. Who is covered

No West Virginia case directly addresses to whom the reporter's privilege applies. In the Hudok case, however, the court observed in a footnote that "The question of what type of activities make a person a journalist and what type of material is covered as news gathering is discussed in Von Bulow by Auersperg v. Von Bulow, 811 F.2d 136 (2d Cir.), cert. denied, 481 U.S. 1015, 107 S.Ct. 1891, 95 L.Ed.2d 498 (1987)." The Von Bulow court explained the foregoing criteria for determining who is covered by a reporter's privilege:

2. Public matter message on government hardware.

There have been no court decisions indicating whether text messages and/or instant messages constitute a “public record” under West Virginia FOIA. However, Public matter messages on government hardware are likely to be held to be “writings” under state law requiring disclosure if such messages “relate to the conduct of the public’s business.” Associated Press v. Canterbury, supra.

N. Personnel matters.

The statute contains an exceptionally broad exemption for discussions of personnel matters, including "[t]he appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of any public officer or employee, or other personnel matters, or for the purpose of conducting a hearing on a complaint against a public officer or employee." (W. Va. Code § 6-9A-4(2)).

(2). To whom notice is given.

The Open Meetings Act does not state to whom notice of an emergency meeting is to be given. The governing bodies of the executive branch of the state presumably would file the notice of an emergency meeting with the Secretary of State.

c. State attorney general.

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

5. Service of police or other administrative subpoenas

Although there are no cases directly discussing special criteria for issuance of an administrative subpoena to a journalist, generally speaking, there are special rules regarding the use and service of other administrative subpoenas. Regarding the use of such subpoenas, the subject or target of an administrative subpoena has an opportunity to challenge the subpoena before yielding that information. In the course of that resistance, privileges, privacy rights and the unreasonableness of an administrative subpoena are available defenses against enforcement of the subpoena. State ex rel.