Monthly Archives: May 2015

FOIA for the death penalty, or the death penalty for FOIA?

UPDATE (9/20): DOC won.

Every case before Virginia’s highest court is a big deal. But for the second time in as many years, the Supreme Court of Virginia is poised to decide issues of great significance for FOIA, above and beyond the regular significance of the court’s decisions.

Next Wednesday, June 3, the Court will hear the Virginia Department of Corrections (DOC) v. Scott Surovell. This is not the first time Delegate (and Senate-candidate) Surovell has fought for transparency, and in this case, he seeks to do so by bringing some sunlight to the administration of the death penalty in Virginia. The death penalty may be on the decline in Virginia, and now abolished in Nebraska, but it remains a hot and heavily litigated subject.

This post explains the case and includes links to the parties’ briefs – DOC’s Opening Brief, Surovell’s Brief, and DOC’s Reply Brief. (A very large tip of the hat to Surovell’s counsel, who provided these copies. The Supreme Court of Virginia, apparently content to be below average, still does not deign to provide the public online access to briefs or other case documents.)

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The mess at OES

If you care at all about open government in Virginia, you should be closely following the ongoing saga of the Daily Press’s attempts to get case information in bulk from the judicial branch and, most notably, the remarkable extent of resistance to transparency being displayed by the Office of the Executive Secretary (OES). Daily Press reporter Dave Ress, who (along with his colleagues) deserves a thank you from all of us, recently released OES’s May 14, 2015, letter declining to provide a copy of the case information database, despite the recent FOIA Council advisory opinion that OES should do so. This post examines OES’s 10-page, single-spaced, everything-and-the-kitchen-sink, anti-openness letter.

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