June 27, 2008
Battling for Email Contents Between Chief Justice, Massey Energy
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – West Virginia Supreme Court Administrator Steve Canterbury has testified that email communications do exist between Justice Elliott “Spike” Maynard and representatives of Massey Energy.
The Associated Press has requested the documents under the Freedom of Information Act, but court officials have declined citing the constitutional separation of power doctrine. The AP has reported that Kanawha Circuit Judge Duke Bloom, who finds himself in the sensitive position of litigating a dispute between the lower court and the state’s highest court, has ordered that the emails be provided to him under seal.
Canterbury must provide a “log” explaining why each email should remain privileged and not released. Although the AP will not receive a copy of the email, their counsel will receive a copy of the reason(s) given for not releasing it.
Legally, that means the judge will examine the documents in his chamber (i.e. in private) then issue a ruling as to whether or not any, all or a portion of the documents can be made public. The judge could determine, for instance, that certain one’s are private and others could be released with some wording blacked out (redacted ).
The dispute stems from the handling of Massey Energy cases at the West Virginia Supreme Court. Although Maynard at first declined to remove himself from the case(s), a photograph appeared taken in July 2006 in Europe in which Maynard and Massey CEO Don Blankenship were together.
The West Virginia Record provided a detailed account of the hearing in Charleston. You can find details at: http://wvrecord.com/news/213464-judge-wants-to-see-maynard-e-mails-for-himself
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Battling for Email Contents Between Chief Justice, Massey Energy
By Tony Rutherford
Huntingtonnews.net Reporter
Charleston, WV (HNN) – West Virginia Supreme Court Administrator Steve Canterbury has testified that email communications do exist between Justice Elliott “Spike” Maynard and representatives of Massey Energy.
The Associated Press has requested the documents under the Freedom of Information Act, but court officials have declined citing the constitutional separation of power doctrine. The AP has reported that Kanawha Circuit Judge Duke Bloom, who finds himself in the sensitive position of litigating a dispute between the lower court and the state’s highest court, has ordered that the emails be provided to him under seal.
Canterbury must provide a “log” explaining why each email should remain privileged and not released. Although the AP will not receive a copy of the email, their counsel will receive a copy of the reason(s) given for not releasing it.
Legally, that means the judge will examine the documents in his chamber (i.e. in private) then issue a ruling as to whether or not any, all or a portion of the documents can be made public. The judge could determine, for instance, that certain one’s are private and others could be released with some wording blacked out (redacted ).
The dispute stems from the handling of Massey Energy cases at the West Virginia Supreme Court. Although Maynard at first declined to remove himself from the case(s), a photograph appeared taken in July 2006 in Europe in which Maynard and Massey CEO Don Blankenship were together.
The West Virginia Record provided a detailed account of the hearing in Charleston. You can find details at: http://wvrecord.com/news/213464-judge-wants-to-see-maynard-e-mails-for-himself
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