The Lancaster County Circuit Court ruled on April 6 that the Essex County School Board violated the Virginia Freedom of Information Act (FOIA) by failing to produce records in a timely manner and for non-production of records. The court found that school board member Garlyn Bundy deleted an email from her personal account that was responsive to a FOIA request filed by Restoration News, according to a statement from the court.
The ruling requires the school board as a body corporate to pay the plaintiff’s attorney’s fees. The case highlights ongoing concerns about public officials’ use of personal accounts for official business and their obligations under state transparency laws.
“Restoration News reported that a Virginia circuit court judge ruled in its favor following a hearing on April 3 2026 in the FOIA lawsuit filed against the Essex County School Board and member Garlyn Bundy. The court found the board in violation on two counts after Bundy admitted under oath to deleting the requested email from her personal account used for school board business. The case stemmed from a request for communications related to a public statement read at a board meeting,” according to <a href="https://restoration-news.com/virginia-judge-rules-against-leftist-school-board-for-destroying-records”>Restoration News.
Virginia Code Section 18.2-472 makes the destruction of public records a Class 1 misdemeanor that carries forfeiture of office and renders the person incapable of holding any office of trust. The Essex County School Board operates in the Northern Neck region where the FOIA request originated and the lawsuit was initially filed in Essex County Circuit Court before the hearing moved to Lancaster County. The code provision was referenced during the proceedings as potential grounds for further action against the board member, according to <a href="https://law.lis.virginia.gov/vacode/title18.2/chapter10/section18.2-472/”>Virginia law.
Virginia school boards have faced multiple FOIA violation findings in recent years including a Suffolk Circuit Court case that determined the board and several members violated open meeting and notice requirements. Nationwide public records requests to school districts have increased sharply with many resulting in litigation over production delays or incomplete responses according to data tracked by state freedom of information coalitions. These cases often involve communications on personal devices that officials treat as outside public record obligations, according to <a href="https://www.nfoic.org/blogs/va-judge-school-board-violated-foia/”>the National Freedom of Information Coalition.
The Lancaster County Circuit Court operates as one of Virginia’s 31 judicial circuit courts handling civil and criminal matters including mandamus actions and FOIA disputes. It serves Lancaster County and hears cases transferred from other circuits when necessary for impartiality or scheduling. The court maintains public access to dockets and issues written orders following bench rulings in accordance with Virginia Supreme Court rules, according to <a href="https://www.vacourts.gov/”>the Virginia Courts website.
