The Act's 1999 amendments appear to exempt minutes of executive sessions from public disclosure; the amendment appears to presume that such minutes will be prepared. Provision is made for the later disclosure of that portion of executive session minutes when they contain reference to confidential settlement and other matters that are later rendered non-confidential by subsequent action.
Although technically there is no right to an interlocutory appeal, if a motion to quash a subpoena is denied, the reporter may file a Petition for Writ of Prohibition or a Petition for Writ of Mandamus directly in the West Virginia Supreme Court of Appeals. Although such Petitions are deemed "extraordinary" procedures for relief, the state Supreme Court historically has allowed such Petitions in cases involving a reporter's privilege because the First Amendment constitutional implications. The acceptance of such a Petition acts as an automatic stay of the lower court's ruling.
The reported caselaw, i.e., Hudok v. Henry, is the sole source of the qualified reporter's privilege in West Virginia. There are no court rules, state bar guidelines, or administrative procedures that articulate a reporter's privilege.
A few specific statutes mandate certain proceedings be open or closed to the public. As in the case of specific public record statutes, discussed in the preceding section of this outline, these provisions may create a greater right of public access to particular proceedings.