Chutzpah at the Capitol

First, this from dictionary.com:

chutzpa:
1. unmitigated effrontery or impudence; gall.
2. audacity; nerve.

For the record, it can also be spelled "chutzpah" or "hutzpah."

Now this from The Associated Press:

CHARLESTON, W.Va. (AP) — The Associated Press asked a circuit judge Wednesday to require West Virginia’s Supreme Court to comply with the state’s Freedom of Information Act by releasing e-mails, visitor logs and other records of its chief justice.

The AP alleges the court erred when it concluded earlier this year that records maintained by Chief Justice Elliott “Spike” Maynard were not subject to FOIA. The court did release other information pertaining to other court employees.

The AP filed FOIA requests in January seeking any communication between Maynard and Massey Energy chief Don Blankenship. The information was sought as part of the AP’s coverage of Maynard’s July 2006 European vacation rendezvous with Blankenship. The coal company had several cases pending or headed toward West Virginia’s sole appeals court at the time.

“While it is abundantly clear what is at the heart of this particular request, any demand for the disclosure of communications or information of West Virginia Supreme Court Justices has effects well beyond any singular request,” court administrator Steve Canterbury said in a statement released by the court. “The disclosure of the requested information sets a bad precedent, is likely unconstitutional, and has long-range ramifications.”

The AP’s complaint, filed in Kanawha County Circuit Court, argues that the FOIA law allows residents to inspect records held by a public body and the definition of public body includes state officers and West Virginia’s “judicial departments.” In West Virginia, justices are elected to the court.

Canterbury said court orders, pleadings and budget documents are made public, but making the private communications of judicial officers and court employees subject to FOIA is contrary to the sound administration of West Virginia’s court system.

“The legislative branch, through the enactment of the Freedom of Information Act (FOIA) statute, cannot require the judicial branch of government to disclose the communications of its members,” Canterbury said. ...

In other words, the Legislature cannot enact laws the Supreme Court does not want to be subject to.

Chutzpah.