Associated Press v. Canterbury

(Filed Nov. 18, 2009)

I agree with the majority’s conclusions to this extent:(1) A trial court may conduct an in camera review of records subject to a request under West Virginia’s Freedom of Information Act, West Virginia Code §§ 29B-1-1 to -7 (2007 & Supp.2009) (“FOIA”).(2) E-mails are “writings” subject to disclosure under FOIA, and FOIA may be used to obtain nonexempt “public records” of the judicial branch.(3) A personal e-mail communication by a public official or public employee, which does not relate to the conduct of the public’s business, is not a public record. (However, as more…