Associated Press Published

Judge Says AG Office Doesn't have to Release Records to Gazette


A judge says the attorney general’s office doesn’t have to give records from a health care case to The Charleston Gazette, which is now The Charleston Gazette-Mail.

In Kanawha County Circuit Court, Judge Charles King ruled the documents weren’t public either under a state Supreme Court decision on attorney-client privilege.

King wrote that the newspaper’s records request predated a June change to the state Freedom of Information Act.

The newspaper requested records in the attorney general’s case against a drug company that employs the Attorney General Patrick Morrisey’s wife. The newspaper said he wouldn’t release them and sued in August 2014.

Morrisey’s office identified up to eight related documents, arguing they’re shielded by exemptions.

The case was first brought by ex-Attorney General Darrell McGraw, who sued Cardinal Health over prescription pill profits.