702 S.E.2d 611
W. Va.2010Background
- A.V. received a full and unconditional gubernatorial pardon in January 2005 for 1994 misdemeanor convictions, and the Governor’s pardon was reported to the Legislature per Art. VII, §11 of the West Virginia Constitution.
- The Governor’s pardon letter was entered into the Journals of both the Senate and the House, making the pardon publicly accessible in printed form and online.
- In 2008, A.V. petitioned in Monongalia County Circuit Court to expunge his conviction records; the court granted expungement and ordered destruction of government records related to the arrest, charges, and pardon.
- The Clerks of the Senate and House refused to alter the Journals to remove the pardon, and the circuit court then amended the expungement order to broaden scope to include both printed and electronic journal entries.
- In 2009, SB 4001 amended W.Va.Code 5-1-16a to exclude pardon-related records from expungement by stating such records are not subject to expungement; A.V. sought contempt sanctions and the circuit court ordered show cause in 2010; the Clerks sought a writ of prohibition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had authority to expunge pardon-related journal entries. | A.V. sought expungement of records, including electronic journal entries, to redact pardon information. | Clerks argued expungement of legislative journals is a political function beyond circuit-court power. | Circuit court exceeded its authority; writ of prohibition granted. |
| Whether the Clerks’ duties in maintaining journals are subject to judicial interference under Separation of Powers. | Expungement would serve the public interest in privacy and record accuracy. | Journals are legislative records and protected from judicial alteration. | Courts cannot compel alteration of legislative journals; but the Court held the circuit court overstepped. |
| Whether the writ of prohibition was the appropriate remedy to restrain the circuit court. | Writ of prohibition warranted to prevent circuit court from exceeding jurisdiction. |
Key Cases Cited
- Fox v. Harris, 79 W.Va. 419 (1917) (courts cannot interfere with legislature's journals after adjournment when acting within rules)
- State ex rel. Vineyard v. O'Brien, 100 W.Va. 163, 130 S.E. 111 (1925) (prohibition standards and jurisdictional limits for lower courts)
- Crawford v. Taylor, 138 W.Va. 207, 75 S.E.2d 370 (1953) (prohibition standard and limits on lower-court power)
- Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996) (five-factor test for prohibition when lower court exceeds authority; emphasis on fifth factor)
- Barker v. Manchin, 167 W.Va. 155, 279 S.E.2d 622 (1981) (Separation of powers principle reiterated; courts cannot command legislative acts)