Courts
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Suffolk City School Board v. Wahlstrom (Supreme Court)
The Virginia Supreme Court rules that the public must be able to physically attend a meeting. It also confirms that an injunction can be issued under FOIA without a finding of willful or knowing conduct, and without going through the usual steps for granting injunctive relief in other contexts.
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Berry v. Board of Supervisors of Fairfax County (Supreme Court)
The Supreme Court of Virginia voids a revamped zoning ordinance vote that was taken in the first year of the pandemic because the board voted on it in an electronic meeting, but neither FOIA, the county’s continuity of government ordinance nor an amendment made to the 2020 budget allowed for votes on matters that are not…
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Hawkins v. South Hill (Supreme Court)
Supreme Court of Virginia interprets the personnel exemption and imposes guardrails on governments from applying it broadly.
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Daily Press v. Commonwealth (Supreme Court)
A unanimous Supreme Court ruled there is a presumptive right of access by the public to bond hearings. A Newport News circuit court judge erred by closing a bond hearing for a police officer accused of second-degree murder.
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Courthouse News Service v. Hade (federal district court)
The Virginia Officer of the Court Remote Access electronic case file system of circuit courts maintained by the Office of the Executive Secretary of the Supreme Court of Virginia does not violate the First Amendment rights of access to court records, even though it is limited to use by Virginia-licensed attorneys, their staff and related government…
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Stanfield v. Norfolk (Circuit Court)
A Norfolk circuit judge ruled that elected officials are not public bodies who have to respond to FOIA requests, the public body’s response obligations are triggered when one of those officials receives a request. The judge also makes rulings on providing a “legal address” in a request and on unauthorized prepayment requirements for requests estimated…
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Keefe v. Lovettsville
Loudoun County General District Court Judge Matthew Snow rules the town violated FOIA when it required a deposit of $115 (FOIA says a deposit can be requested for amounts over $200) and when the requester said she was going to ask the FOIA Council for its opinion, the town said it considered such an action…
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In Re: Honorable Adrianne L. Bennett (SCOVA)
In Re: Honorable Adrianne L. Bennett The Virginia Supreme Court rules, 4-2, that the exhibits a judge filed in the Supreme Court along with a petition for mandamus should remain under seal, though the rest of the papers filed in the case, and the order sealing all the files should be unsealed. (The dissent reveals…
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Kessler v. Charlottesville (Cir. Ct.)
The Public Records Act “clearly has an administrative purpose — and seems, in fact, totally administrative and procedural — for the benefit of the good operation of the state government and its agencies and (unlike FOIA) not for the benefit of individual citizens themselves.” The court confirms that text messages are public records, however: “If the documents…
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CNS v. Schaefer (4th Circuit)
In ruling in favor of Courthouse News Service, the 4th U.S. Circuit Court of Appeals ruled June 24, 2021, that the clerks of the Norfolk and Prince William County circuit courts violated the press’ First Amendment rights by delaying access to newly filed civil complaints.
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Schilling v. JAUNT (general district court)
Albermarle General District Court Judge Matthew J. Quatrara ruled that the Jefferson Area United Transportation (JAUNT) service meets the definition of a public body and is thus subject to FOIA. Including money it gets from federal sourcces, JAUNT is “wholly or principally” supported by taxpayer funds. The judge said their was no statutory authority or court…
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Hawkins v. Town of South Hill (circuit court)
Mecklenburg County Circuit Court Judge J. William Watson Jr. reviewed seven sets of documents South Hill said were exempt from release as personnel records and concluded that some were and some weren’t. In the process, the judge reviewed past cases and FOIA’s legislative history to determine that “personnel information” should be defined as “all information…
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Webster v. Filler-Corn
District court judge imposes civil penalties on Speaker of the House for her inaccurate response to a FOIA request that a requested record did not exist.
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Gent v. Adams
Wise County general district court judge rules Town of Pound gave adequate notice of its meeting. Notice in the newspaper isn’t required, and notice on the website wasn’t required because a .com website isn’t an “official government website.” Judge says a .gov domain is required.
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Sawyers v. Prince William County School Board
Direct messages sent by school superintendent through Twitter’s direct message platform are “correspondence” that can be withheld under the “working papers and correspondence” exemption of FOIA, 2.2-3705.7(2).
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Hart v. Town of Onley
General district judge rules town did not violate FOIA’s provisions on motions to go into closed meeting or for proper topics for closed-meeting discussion, specifically discipline of the mayor by the town council.
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Townes v. State Board of Elections
The Supreme Court of Virginia ruled June 18, 2020, (among other issues) that a circuit court did not abuse its discretion by allowing the State Board of Elections to introduce multiple instances where two members of the Hopewell Electoral Board violated FOIA’s meeting provisions. The petition SBE filed alleged violations on “at least three occasions,” meaning that…
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Cole v. Smyth County BOS (Supreme Court)
Supreme Court of VIrginia rules unanimously, May 28, 2020, that the Smyth County Board of Supervisors used an improper motion to go into closed session and talked about matters beyond the scope of the claimed exemption.
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Harki v. Department of Corrections (2020)
A Norfolk Circuit Court Judge ruled April 15, 2020, that the Virginia Department of Corrections willfully and knowingly failed to provide a Virginian-Pilot reporter with documents he requested within the 5-day response time mandated by FOIA, nor did the VDOC ask for a 7-day extension. After repeated back and forth conversations between the reporter and…
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Brown v. Tashman
Fairfax Circuit Court Judge David Oblon ruled April 21, 2020, that settlements under the infant settlement statute (§8.01-424(A)) cannot be sealed. The court left open the door for sealing when there is “credible, particularized evidence of the child’s medical condition necessary to justify a complete sealing of the settlement terms.”
Opinions -
Bragg v. BOS (Rappahannock County)
A Rappahannock County circuit judge ruled the board of supervisors there improperly closed a meeting to talk about an advertisement seeking a replacement for an outgoing county attorney as well as alternatives to the county attorney set-up. The topic was not “legal advice,” nor did it fall under the personnel exemption for “prospective candidates for employment.”
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Transparent GMU v. George Mason, Supreme Court opinion
GMU Foundation not subject to Virginia FOIA and not a university agent, therefore university not responsible for accessing foundation’s records, either.
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Minke v. Page County district court
Minke v. Page County Feb. 25, 2019 U.S. District Court for the Western District of Virginia, Harrisonburg Division Chief U.S. District Judge Michael F. Urbanski
Opinions -
Bergano v. City of Virginia Beach
The Virginia Supreme Court unanimously ruled the City of Virginia Beach erred by redacting all entries on its bill from an outside law firm that was representing the city in an eminent domain case against a city dentist.
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VITA v. Turner
Richmond Circuit Judge Designate William N. Alexander II entered an order Oct. 15, 2018, that (1) FOIA does not apply to “the judiciary, including the Executive Secretary”; (2) enforcement of FOIA against the judiciary and the OES is “barred by the doctrine of sovereign immunity, which has not been waived.”; and (3) separation of powers bars…