Daily Press, LLC v. Office of Executive Secretary of Supreme Court of VirginiaAnnotate this Case
Clerks of court are statutorily designated custodians of court records, and therefore, The Daily Press must make its request to each jurisdiction’s clerk of court for certain court records rather than to the Office of the Executive Secretary of the Supreme Court of Virginia (Executive Secretary).
The Daily Press made a request to the Executive Secretary under the Virginia Freedom of Information Act asking for a searchable version of a database hosted on servers operated and housed at the Executive Secretary’s offices. The Executive Secretary reached out to the individual clerks whose information it hosted to request permission to provide this information to The Daily Press. More than half of the clerks objected. The Daily Press then filed a petition for a writ of mandamus to compel the Executive Secretary to honor the request. The trial court denied the petition for mandamus. The Supreme Court affirmed, holding that court clerks were the expressly designated custodians of the public records sought by The Daily Press.