Smith v. Richmond Newspapers, Inc.

Summary

The Supreme Court of Virginia held that audio recordings of felony criminal trials are court records open to public inspection under Code § 17.1-208 when they are the only record of the trial. The Court further held that mandamus was an appropriate remedy to compel the circuit court clerk to permit members of the public to listen to the recordings. The clerk retained discretion to regulate the manner of inspection so that it would not interfere with office operations, but could not categorically deny access.

Holdings

1. When an audio tape recording of a felony criminal trial is the only verbatim record of that trial, it is a 'record' of the circuit court as contemplated by Code § 17.1-208 and is open to public inspection.
2. Mandamus is proper because the clerk has a clear, non-discretionary, ministerial duty to allow inspection (listening) of the public records of the court, and the clerk's discretion is limited to managing the manner of inspection to avoid interference with office business, not to denying access entirely.
3. The phrase 'open to inspection' in the context of audio tapes means that one inspects such tapes by listening to them.

Questions Presented

1. Whether audio tape recordings of felony criminal trials are open to public inspection under Code § 17.1-208.
2. Whether mandamus is the proper remedy to compel the clerk to allow inspection of such recordings.

Disposition

affirmed