The Associated Press served notice today it will sue the state Supreme Court for failure to comply with West Virginia's Freedom of Information Act.

The AP alleges the high court violated the law when it determined that Chief Justice Elliott "Spike'' Maynard's e-mails, visitor logs and other records were not subject to FOIA. The court released 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.

In rejecting the AP's request, the court's general counsel, J. Kirk Brandfass, said FOIA does not apply to the five Supreme Court justices.

The AP's complaint 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.

"We think the law makes it clear that supreme court records are public documents, and we hope the court agrees,'' said Dorothy Abernathy, AP's West Virginia chief of bureau.

Court spokeswoman Jennifer Bundy said the court would not comment until it had a chance to review the complaint.

Supreme Court Administrator Steve Canterbury released records from two cell phones issued to Maynard, but the court's reply to the AP said there were no landline telephone records for the chief justice or any other individual.

State law requires that state agencies and the attorney general's office be given 30 days notice before a lawsuit can be filed. The AP filed notice today with Canterbury and with Attorney General Darrell McGraw. The notice included a copy of the AP's complaint.

Maynard's and Blankenship's relationship became public earlier this year when vacation photographs of the two were included in a request that the high court reconsider its November 3-2 decision that overturned a multimillion-dollar judgment won by Harman Mining Co. against Massey.

The court has since agreed to reconsider the case. Maynard recused himself from rehearing the case and two others involving Massey.

Both men have acknowledged their decades-long friendship, but have said they met up in Monaco after learning they would both be in the area at the same time.

Maynard is seeking re-election to a 12-year term this year.

The AP alleges the high court violated the law when it determined that Chief Justice Elliott "Spike'' Maynard's e-mails, visitor logs and other records were not subject to FOIA. The court released 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.

In rejecting the AP's request, the court's general counsel, J. Kirk Brandfass, said FOIA does not apply to the five Supreme Court justices.

The AP's complaint 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.

"We think the law makes it clear that supreme court records are public documents, and we hope the court agrees,'' said Dorothy Abernathy, AP's West Virginia chief of bureau.

Court spokeswoman Jennifer Bundy said the court would not comment until it had a chance to review the complaint.

Supreme Court Administrator Steve Canterbury released records from two cell phones issued to Maynard, but the court's reply to the AP said there were no landline telephone records for the chief justice or any other individual.

State law requires that state agencies and the attorney general's office be given 30 days notice before a lawsuit can be filed. The AP filed notice today with Canterbury and with Attorney General Darrell McGraw. The notice included a copy of the AP's complaint.

Maynard's and Blankenship's relationship became public earlier this year when vacation photographs of the two were included in a request that the high court reconsider its November 3-2 decision that overturned a multimillion-dollar judgment won by Harman Mining Co. against Massey.

The court has since agreed to reconsider the case. Maynard recused himself from rehearing the case and two others involving Massey.

Both men have acknowledged their decades-long friendship, but have said they met up in Monaco after learning they would both be in the area at the same time.

Maynard is seeking re-election to a 12-year term this year.