DSCC Sends Jim Justice Litigation Hold Over Refusal to Release Work Schedule

Today, lawyers for the Democratic Senatorial Campaign Committee (DSCC) sent Jim Justice’s office a litigation hold and notice that the DSCC is preparing to sue to demand the release of records pertaining to the Governor’s official schedule or official calendar from January 2017 to present. The letter comes after Justice’s office repeatedly failed to comply with Freedom of Information Act requests for his official schedule or official calendar.

Justice has faced an ongoing scandal over his work schedule. The Associated Press reported Justice was “largely absent in job,” while the Charleston Gazette-Mail wrote that “work hasn’t always been top of mind for the two-term governor.” 

“Jim Justice cannot hide his work schedule — or lack thereof — from West Virginians, and this is an area which is sure to receive further scrutiny in his nasty primary,” said DSCC spokesperson David Bergstein. 

Key points from the letter:

• On March 30 and again on April 13, 2023, Diana Astiz and DSCC filed a public records request. The requests sought copies of records containing scheduled official meetings involving Governor Jim Justice, his Chief of Staff, his Deputy Chief of Staff, and his General Counsel, from January 2017 to the present.
   
• On April 6 and again on April 20, 2023, J. Berkeley Bentley, General Counsel for the Office of Governor Jim Justice, denied the request in full, citing out of state precedent and exceptions in West Virginia law which clearly do not apply to the materials sought.
   
• The lack of a legitimate basis for the denial appears to be a willful violation of the West Virginia FOIA, which is a criminal offense.
   
• On May 15, 2023, Jacquelyn Lopez, Counsel to DSCC, notified the Office of the Governor that Ms. Astiz and the DSCC will soon commence a proceeding under W.Va. Ann. § 29B-1- 5(1) to enforce the Office of the Governor’s obligations under the West Virginia FOIA.

Find the full letter here. 

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