May 1, 2008
 
AP Sues Supreme Court for Visitor Data; Administrative Director Responds
 
By Tony Rutherford
Huntingtonnews.net Reporter
 
Charleston, WV (HNN) – Seeking to learn of communications between West Virginia Supreme Court justice Elliott “Spike” Maynard and Massey Energy Chief Don Blankenship, the Associated Press has asked a Kanawha County Circuit Judge to hold the justice's e-mails, visitor logs and other records subject to the state's Freedom of Information Act.
 
The AP filed requests in January, which were rejected, concerning any communications between Maynard and Blankenship, following the revelation that the coal operator met up with the justice during a 2006 European vacation. Now, they have argued the FOIA allows inspection of “public documents,” with that definition including state officers and West Virginia judicial departments.”
 
The state's highest court has vowed to vigorously defend its position that the judiciary is not included under the state's FOIA disclosure guidelines.
 
Court Administrator Steve Canterbury stated in a press release that, “while it is clear what is at the heart of this particular request, any demand for the disclosure of communications or information of West Virginia Supreme Court Justices has effects well beyond any singular request. The disclosure of the requested information sets a bad precedent, is likely unconstitutional, and has long-range ramifications. The results of this case will affect not only West Virginia Supreme Court Justices but Circuit Judges, Family Court Judges, Juvenile Court Judges, Magistrates, and Mental Hygiene Commissioners as well.”
 
Canterbury explained, “Under our constitutional framework, the judiciary is an independent branch of state government entitled to conduct its business under administrative rules promulgated by the Supreme Court of Appeals. The legislative branch, through the enactment of the Freedom of Information Act (FOIA) statute, cannot require the judicial branch of government to disclose the communications of its members.
 
“The idea that all judicial records -- including grand juror, domestic relations or juvenile records, or the records of the private communications of judicial officers and employees -- are subject to a FOIA request by any person or entity for any reason is clearly contrary to the sound administration of our system of justice. Judges must be able to think, correspond, and interact freely without the threat of his or her communications being divulged to the public. Independence is one of the cornerstones of our judiciary and this independence would be crippled by a rule that, upon written request of anyone for any reason, mandated that the communications of every judicial officer are subject to disclosure.
 
“It is important to note that public records of judicial bodies, such as court orders, pleadings, and other documents, are readily available to members of the public or the media without resort to a FOIA request. Moreover, administrative records of judicial bodies, including budgetary, financial, and other records maintained concerning the management of the courts, should be and are subject to public inspection. The track record of the Supreme Court's Administrative Office in providing such public records is absolutely without blemish.
 
“The decision not to provide the information that has been requested is based upon the provisions of the West Virginia Constitution, the language of the Freedom of Information Act, the cases interpreting the language of the Act, the decisions in other jurisdictions addressing the application of similar language to judicial bodies, and the need to preserve the independence of the judiciary. This suit will be vigorously defended with these fundamental considerations in mind.”
 
After the photographs of Maynard and Blankenship were published, Maynard recused himself from rehearing a just determined 3-2 decision that tossed a judgment against Massey. When the case was reheard , Justice Larry Starcher also stepped down, but even with the substitute judge's in place, the same result was obtained.
 
Maynard is currently seeking re-election to the West Virginia Supreme Court.