Tuesday, November 17, 2009

Judicial email not public in West Virginia

Personal e-mail messages on government accounts are not public records, even when they are between a judge and a party to a pending case, the West Virginia Supreme Court ruled Nov. 12.

In the 4-1 ruling, the court held that former Supreme Court Chief Justice Elliott "Spike" Maynard could keep private all of the 13 messages he exchanged with Massey Energy Chief Executive Don Blankenship last year. At that time, Massey Energy — one of the largest coal producers in Appalachia — had several cases pending before the court, including the appeal of a $50 million jury verdict.

The Associated Press was initially denied access to the messages under West Virginia's public records law but won release of at least five of the messages when a lower court ruled they were public records because they dealt with Maynard’s judicial campaign. Last week's ruling put all of the messages out of the public's reach.

Read more here

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