West Virginia

Where a document involves "personal" conduct in addition to "official" conduct of the public body, it is possible that the "invasion of privacy" exemption set forth in W.Va.Code §  29B-1-4(2) may apply. If that exemption were held to apply, the court would use a balancing test to determine whether and in what circumstances such information may be disclosed. See, Daily Gazette v. Withrow, 177 W. Va. 110, 166; 350 S.E.2d 738, 744 (1986), Child Protection Group v. Cline, 177 W. Va. 29, 350 S.E.2d 541 (W.Va.1986); Hechler v.

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

There are no known instances of a court sentencing a reporter to a fixed sentence for criminal contempt in failing to comply with a court order to provide information. Such a remedy is highly unusual and unlikely. Nevertheless, conviction for criminal contempt is provided for in West Virginia Code § 61-5-26(d), that allows a court to sentence and/or fine an individual for disobedience to an order of the court. The putative contemnor is permitted a jury trial, but there is no statutory limitation on the amount of the potential fine or the period of incarceration.

The West Virginia Open Governmental Proceedings Act, specifically W.Va. Code § 6-9A-7 provides for both civil and criminal penalties for noncompliance. Subsection (a) provides that any person who is a member of a public or governmental body required to conduct open meetings under the Act who willfully and knowingly violates the Act's provisions is guilty of a misdemeanor and is subject to a fine of not more than five hundred dollars. Second or subsequent offenses also constitute misdemeanors for which a minimum fine of not less than one hundred nor more than one thousand may be imposed.

The Supreme Court of Appeals of West Virginia has held that a reporter is entitled to a qualified privilege when engaged in the news-gathering function. This qualified privilege was enunciated first in State ex rel. Hudok v. Henry, 182 W.Va. 500, 17 Media L.Rep. 1627, 389 S.E.2d 188 (W.Va. 1990). The state Supreme Court delineated a balancing test for application of the reporter's privilege. The source for the privilege was found in the United States Supreme Court's decision in Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct.

The FOIA contains no provisions for separate charges for searches, duplication, computer access or printouts, microfiche, or non-print audio or audio-visual records. Since the statute only authorizes charges for the cost of "reproduction," additional "search" charges generally should be prohibited except when expressly authorized by another statute.  An exception to the general rule is found in W. Va.

A "willful" violation of the Freedom of Information Act by a custodian of public records is a misdemeanor, punishable by a fine of "not less than two hundred dollars nor more than one thousand dollars. W. Va. Code § 29B-1-6.

Imprisonment in the county jail for not more than twenty days is an alternative sanction that, in lieu of or in addition to a fine, may be imposed in the courts' discretion. W. Va. Code § 29B-1-6. Once a circuit court has ordered production of documents or disclosure of information, noncompliance with the order of the court may be punished as contempt of court. W. Va. Code § 29B-1-5(2).

Overview

West Virginia

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