JUDICIAL WATCH, INC. v. STATE

No. 04-209.

892 A.2d 191 (2005)

2005 VT 108

JUDICIAL WATCH, INC. v. STATE of Vermont, Deborah L. Markowitz, Secretary of State, Gregory Sanford, State Archivist and Howard Dean, M.D., Former Governor.

Supreme Court of Vermont.

Motion for Reargument Denied December 21, 2005.


Attorney(s) appearing for the Case

Andrew D. Manitsky of Gravel and Shea, Burlington, and Paul J. Orfanedes, Judicial Watch, Inc., Washington, DC, for Plaintiff-Appellee.

William H. Sorrell, Attorney General, William E. Griffin, Chief Assistant Attorney General and Mark J. Di Stefano, Assistant Attorney General, Montpelier, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and GIBSON, J. (Ret.), Specially Assigned.


SKOGLUND, J.

¶ 1. We accepted this interlocutory appeal to determine whether the Secretary of State may enter into an agreement with a retiring Governor to restrict public access to a portion of the Governor's official correspondence for a period of ten years after the Governor leaves office. We conclude that the restriction is permissible under Vermont law, and therefore reverse the trial court judgment to the contrary.

¶ 2. The material facts are...

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