VIRGINIA FREEDOM OF INFORMATION ACT. DISCLOSURE OF JUDGE'S NOTES NOT REQUIRED.

January 15, 1980

The Honorable Elmo G. Cross, Jr.
Member, Senate of Virginia

79-80 377

You ask whether the notes made by a judge concerning cases over which he presides are subject to public disclosure under the Virginia Freedom of Information Act (the "Act").

I conclude that a judge's notes are not subject to required public disclosure under the Act. Section 2.1-342(a) provides that all official records of public bodies shall be open to public inspection, except as specifically otherwise provided by law. "Memoranda, working papers and records compiled specifically for use in litigation..." are exempt from the above-mentioned disclosure requirements. See §2.1-342(b)(5). The notes of a judge concerning a case over which he presides, in my opinion, fall within the class of records excluded from required disclosure by §2.1-342(b)(5).