West Virginia

State high court closes access to police misconduct files

Freedom of Information | Feature | June 8, 2001
Feature
June 8, 2001

State high court upholds trial court's closure of juvenile court proceedings

Secret Courts | Feature | August 9, 1999
Feature
August 9, 1999

WEST VIRGINIA--In mid-July, the state Supreme Court of Appeals in Charleston, the state's highest court, unanimously upheld a trial court's order closing a case concerning the suspension of a student by the school board and sealing juvenile education records because it found a compelling public policy of protecting the confidentiality of juvenile information in all court proceedings exists in the state.

Reporter's privilege upheld in murder trial

Reporter's Privilege | Feature | April 21, 1997
Feature
April 21, 1997

Reporter's privilege upheld in murder trial

04/21/97

WEST VIRGINIA--Affirming that a qualified reporter's privilege does exist in West Virginia, the state Supreme Court in mid-March overturned a Circuit Court judge's decision ordering two newspapers to turn over unpublished photographs to a defendant on trial for murder.

Private session with school administrators violated meetings law

Freedom of Information | Feature | June 17, 1996
Feature
June 17, 1996

Private session with school administrators violated meetings law

06/17/96

WEST VIRGINIA--The state Supreme Court of Appeals in mid-May affirmed 5-0 a circuit court decision holding that the Fayette County School Board violated the Open Governmental Proceedings Act when four of its five members met privately with school system administrators the day before voting on the closing and consolidation of three schools.

Judge quashes subpoenas issued by criminal defendant

Reporter's Privilege | Feature | May 16, 1995
Feature
May 16, 1995

Judge quashes subpoenas issued by criminal defendant

05/16/95

WEST VIRGINIA--In early May, a trial judge quashed subpoenas issued to two newspaper reporters by a criminal defendant who was attempting to force the judge to recuse himself from the case.

1. Is software public?

There have been no court decisions or agency guidance indicating how software is to be treated for purposes of FOIA analysis.

7. What court.

A petition under the Open Meetings Act must be filed in "the circuit court in the county where the public agency regularly meets." W. Va. Code § 6-9A-6. In extraordinary cases, a petition could be filed in the state Supreme Court, seeking a writ of mandamus or prohibition. See the preceding section, on the Freedom of Information Act, for a more detailed discussion of the availability of this remedy.

A. In general

Overview

West Virginia

3. Closed meetings or executive sessions.

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

2. Material unavailable from other sources

The requested material must not be obtainable from other available sources. State ex rel. Charleston Mail Ass'n v. Ranson, and State ex rel. Hudok v. Henry. The court in State ex rel. Hudok v. Henry, supra, recognized there may be a situation where a newsperson is the only individual with credible evidence bearing upon an important issue in a civil case.