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Virginia Supreme Court hears FOIA issues in executions case
By tidewaterreview.com- Travis Fain
Published: 06/04/2015

Virginia's highest court heard arguments Wednesday in a case that could change the state's open records laws.

The case, brought by Del. Scott Surovell, stems from his push to access state execution records, including manuals that detail execution protocols and technical details behind the state's electric chair. But once Supreme Court justices hash out the Virginia Department of Corrections' refusal to release a number of records over security concerns, the case may set a broader precedent.

Supreme Court Chief Justice Donald W. Lemons added extra time to oral arguments Wednesday, citing the "great public interest" in this case. He also boiled down the issue at hand: What duty do state agencies have to redact, but still release, records, as opposed to refusing their release altogether?

The department argues that a security exemption in the state's Freedom of Information Act not only allows it to withhold documents, but also imparts no duty to provide as much as information as it can — by redacting key details — without sacrificing security.

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