West Virginia

C. Dockets

Overview

West Virginia

J. Litigation; pending litigation or other attorney-client privileges.

The Open Meetings Act does not specifically exempt discussions of pending litigation, or any other attorney-client communications, from its scope. In the 1999 amendments, the following provisions were added:

a. Which court?

If the subpoena is issued under the auspices of a West Virginia state court, the motion to quash the subpoena usually must be filed in the court hearing the case at issue. However, if the subpoena is for attendance at a discovery deposition, the motion can be brought either in the county where the case at issue is pending, or in the county where the deposition is to be taken, pursuant to Rule 26(c) of the West Virginia Rules of Civil Procedure.

(1). Information required.

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

6. Subsequent remedies.

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

F. Are there sanctions for noncompliance?

The FOIA was amended in 2001 to make "any custodian of any public records who willfully violates the provision of [FOIA] may be charged with a misdemeanor and upon conviction the custodian may be fined not less than two hundred dollars nor more than one thousand dollars or be imprisoned for more than twenty days, or both. W. Va. Code § 29B-1-6.

D. Interviewing judges

Overview

West Virginia

B. Dockets

Overview

West Virginia

2. When barred from attending.

Section 3 of the Open Meetings Act specifically authorizes the enforcement of the right to attend an open meeting through a civil action filed in the circuit court where the public agency regularly meets. The suit must be brought within 120 days "after the action complained of was taken or the decision complained of was made. No bond need be posted as a prerequisite to injunctive relief" unless the petition appears to be without merit or made with the sole intent of harassing or delaying or avoiding return by the governing body.