50th Anniversary: newsletters, memoranda, letters), 1969

Access to many of the materials in the ACLU of Virginia papers is restricted. Some documents are open to researchers, but most are either closed by law or require special permissions from the ACLU of Virginia. The restrictions that govern this collection are described below. They ensure the Law Library's compliance with applicable laws and institutional policies as well as the conditions of the ACLU's donation of these records to the University of Virginia.

Open to Researchers:

Researchers may view public documents in the collection without additional permissions. These include public court records, such as briefs, transcripts, and judgments. They also include press releases and media coverage of cases. Any public documents marked with attorney notes may be considered work-product privileged records and they are restricted.

Closed to Researchers:

1. Attorney-Client Privileged Records: Any item documenting communications between an attorney and a client or potential client. This includes but is not limited to written correspondence, memoranda to the file, notes, or any report of communication to or from a client or potential client. These records may be opened to researchers if the client or the client's legal representative waives the privilege in writing, and the ACLU of Virginia approves the release.

2. Classified Documents: These materials will remain closed until they are declassified. After which time, access may need to be approved by the ACLU of Virginia.

3. Documents Placed Under Seal of Court or Protective Order: These materials will remain closed until they are unsealed and/or the protective order is modified. After which time, access may need to be approved by the ACLU of Virginia.

4. Documents Identifying Anonymous Clients: Any documents identifying an anonymous or pseudonymous client will remain closed unless the client or the client's legal representative approves opening them in writing. After client approval, the ACLU of Virginia must also approve access.

5. Terms of a Confidential Settlement: Materials documenting terms of a confidential settlement will remain closed unless the parties involved waive their privilege to confidentiality in writing.

6. Personnel Records: Records which deal with personnel issues, whether in personnel files or in other files maintained by the ACLU of Virginia, shall be closed until 75 years after their creation. When scattered personnel records are present in open files, they shall be governed by this paragraph. This restriction shall not apply if the person or persons to whom the record applies have given their permission in writing to disclose said information. Also, the ACLU of Virginia must approve the release of the records.

7. Personally Identifiable Information Not Revealed in Public Court Documents: Records containing personally identifiable information not revealed in public court documents will be closed for seventy-five years (100 years if the information pertains to children). After that time, the ACLU of Virginia must also approve access to the documents.

Access Requires ACLU-VA Approval:

Some materials in this collection may be released to researchers with the ACLU of Virginia's approval. To access these materials, researchers must submit a written request to the University of Virginia Law Library. The request must include the researcher's name, the reason for the request, and a list of the requested materials. The University of Virginia Law Library will forward written requests to the ACLU of Virginia. The Library will inform researchers when the ACLU of Virginia has either approved or denied their requests.

Here is a list of materials that may be released with the approval of the ACLU of Virginia:

1. Administrative Records of the ACLU-VA: These records document the ACLU-VA's operations and were maintained by its staff. These include, but are not limited to, reports, meeting minutes, agendas, memoranda, staff directories, topical files, project files, and other materials that do not contain information strictly closed to researchers (e.g., personnel records). These records are strictly closed for 20 years after creation or 10 years after their deposit in the UVA Law Library, whichever is later, but in no case for more than 30 years after the creation of the record. After these times, records may be released with the ACLU of Virginia's approval.

2. Work-Product Privileged Records: These records, most often found in case files, include correspondence, memoranda, drafts of briefs, written statements of witnesses, notes of mental impressions, personal recollections, and other materials prepared or created by ACLU attorneys while working on a case. These records are strictly closed for 20 years after the closure of the associated case or cases. After that time, they may be released with the ACLU-VA's approval. Any materials documenting communications with clients or potential clients remain protected by attorney-client privilege when mixed with work-product privileged records.