Turner v. OES
Below are links to various filings and briefs in a case between William Turner of Accomack and the Office of Executive Secretary of the Supreme Court. A district court ruled in August of 2017 (read the news article from DelmarvaNow.com) that the OES failed to follow FOIA when Turner requested various emails from the office.
The OES then argued in Richmond Circuit Court (in an interpleader action brought by VITA to determine the ownership of the disputed emails) that the office is not subject to FOIA. These are filings in that case.
- VITA motion for interpleader.pdf
- VITA Complaint - 2017-11-08.pdf
- VITA Mem Supp Motion for Interpleader, with exhibits.pdf
- Turner new Petition for Mandamus in Accomack general district court.pdf
- OES - Motion to Restrain Claimants From Instituting or Prosecuting Other Proceedings (no exhibits).pdf
- OES - Answer, Initial Affirmative Defenses, Pleas, and Motions to Complaint (Richmond).pdf
- OES - Response to VITA Motion for Interpleader (Richmond).pdf
The Richmond judge ruled in favor of OES in late June but did not enter an order. At that point, the Virginia Press Association filed a motion to intervene in the case before the order was issued.
- VPA letter to Judge Parker and petition asking to intervene.pdf
- OES opposition to VPA 's petition to intervene.pdf
- VPA reply to OES' opposition.pdf
Then, on July 20, the judge that ruled in OES' favor, Judge Westbrook Parker, recused himself.
Meanwhile, the OES and Turner continued the district court case in Accomack County. The judge entered a order in favor of OES on July 17
- Amended Notice of 5-31 Hearing.pdf
- OES Motion to Dismiss - 2018-05-17.pdf
- Order in Turner v OES (Accomack GDC GV18-627).PDF and Order in Turner v OES (Accomack GDC GV18-488).PDF
And on Oct. 15, 2018, the Richmond judge in the VITA interpleader case ruled against Turner and held -- without analysis -- that FOIA did not apply to the OES because of separation of powers.
Here's the link to a Richmond Times-Dispatch story that points out the connection this case likely had to the legislation introduced in the 2018 General Assembly to exempt the judiciary from FOIA.
