Courts

General Registrar must disclose rejection letters written to applicants to vote. Actual applications may be withheld under state election law.

In FOIA cases, complete set of records must be included on appeal to afford Supreme Court full review on the merits. Trial court erred in refusing plaintiff's motion to include full set of records.

-- The public has a right to hear the 911 call made by a mother accused of killing her son, a judge ruled April 13.

Several media companies joined forces to request a judicial order that would unseal affidavits supporting search warrants related to U.S. antiterrorist efforts. They also wanted the district court to maintain a public docket of search warrant proceedings. The 4th Circuit affirmed a lower court’s ruling that denied those requests. Although the press has a qualified common-law right to see judicial documents, that right is not as strong as a First Amendment right, and can be overridden at a judge’s discretion. The magistrate judge had ruled within her discretion that unsealing the affidavits would hamper an ongoing investigation, and that the government’s reasons for secrecy were compelling. Furthermore, the press and public have no right to advance notice of a request to seal such records. Instead, journalists and other citizens may object after the fact, when they see the public record of a sealing order.

It is not necessary for a plaintiff asking for a writ of mandamus under FOIA to prove that he has no other adequate remedy at law. Agency's provision of sought-after records after litigation has been initiated over access to those records does not moot case.

Board of Dentistry meeting minutes were inadequate, did not include even a summary of the discussion on a particular subject and decision. Attorney fees awarded for FOIA violation. No wilful violation found.

NOTE: Scroll to end for another ruling in a district court proceeding, June 10, 2005, between Albright and the Attorney General over advance-estimating of costs for filling a FOIA request.

Lee H. Albright v. William Woodfin et al., CL05-0006, Nelson County Circuit Court

May 26, 2005

Judge J. Michael Gamble

Jordan, a resident of Colonial Heights, published advertisements criticizing the mayor for allowing low-income housing to be built in the city. In fact, the mayor had opposed the construction of the housing, and he sued for defamation. But the Court ruled that the mayor was a 'public official' required to show 'actual malice' in the case. Jordan testified that his ads were based on a certain newspaper article that supported his assertions. The Court found that he believed his advertisements represented the facts of the situation and had an objective reason for so believing. Because there was no clear and convincing evidence that Jordan’s ads were fabricated by him or a product of his imagination, there was no malice. The trial court should have granted Jordan’s motion to strike the evidence and set aside the jury's verdict.

The Virginia police objected unsuccessfully to the unsealing of records related to Earl Washington, Jr., who was wrongly sentenced to death for rape and murder. After DNA evidence led to a pardon for Washington, media organizations asked for police documents relating to the initial investigation, which were subpoenaed in a civil suit Washington brought after his release. The district court found that 14 of these documents deserved First Amendment status, rather than only qualified common-law protection, and ordered their release. The 4th Circuit agreed on ten of those documents, but for four others, ruled that the district court needed to further explain its decision.

Public television and radio station not a public body because less than two-thirds of funding comes from public money, and they do not perform a delegated governmental function.