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The leadership council of the State Bar is still resisting a FOI
Advisory Council ruling that its list of licensed lawyers must be a
public record.
At a meeting in late fall, the council backed legislation to try
to trump that part of the FOI law that mandates disclosure of any
existing public-record database.
In the past, the Bar made $50,000 a year selling the list
exclusively to nonprofit and for-profit groups that offer
continuing-education classes (although it had asserted that an
obscure section of the state code restricted sales solely to
nonprofits). The VSB practice, whether involving private businesses
or nonprofits, came under fire in early '03 after Maria
Everett of the FOIA office ruled such lists must be given to
anybody, at actual cost or less.
A Bar spokeswoman said "privacy," not money, was the
issue. Just over one-half the licensed lawyers do not practice law,
and Bar leadership wants them protected from getting junk mail
and dislikes having to disclose their mailing addresses
(often, home addresses).
The Bar admits the public needs to check for lawyers'
disciplinary actions, but it wants disclosure limited to
"look-ups" by individual name only.
No individual-lookup rule exists with any other public record in
Virginia, or any other public database.
As of September, 23,699 names were on the VSB list.
The list was sought this past year by Michael Ravnitzky, a FOIA
activist based in Washington. After "unbelievable amounts of
hassle," he got turned down because he was not a Virginia
resident.
As usually happens after such denials, Ravnitzky then found
somebody living in Virginia to renew the request.
Miffed because of the trouble he'd encountered, he then
offered free Excel spreadsheet files to one and all, listing all
23,699 lawyers by name and city or county (but without street
addresses). |