Public Court Records Access In Danger?

  From the Capital Blog, Ohio, Capital Blog, a view of public records and access to court records from the Chief Justice of the Supreme Court of Ohio.  Ohio’s Supreme Court has drafted rules for public access to court records.  See draft Supreme Court of Ohio Rules. 

Chief Justice Moyer writes a good explanation of issues facing courts today and how much “public” court information and filings should be available for access via the internet or at the courthouse.   The Ohio Supreme Court rules govern how the public accesses court records.  Before the internet, many, many years ago, anyone could go to the courthouse and comb through all public records filings.  

Public records are valuable resources for the news media, public and private investigators, genealogists and other researchers.  With advent of the internet and the availability of public record information on-line, private information contained in public records is for the taking by a click of the mouse.  Where is the line drawn for public access to public records and electronic access to private information contained in public records.  This is the issue the Ohio Supreme Court is addressing. 

I quickly read over the proposed rules, and the Court is trying to balance the access to public records while still protecting electronic access to private information contained in some public records.  While availability of public record information may be limited through internet access, it is important to maintain complete access to public records at the courthouse. 

The Virginia Supreme Court conducted a similar effort last year in proposing amended rules for accessing court records.  See Prior Post  The Virginia Supreme Court, as well as the Ohio Supreme Court, allows subjects of a case to request limited public access.  If a person is conducting research at the courthouse and the record is limited, the researcher will have to request the court’s permission to access the redacted information.  How is this accomplished?  No answer is available at this time.

Now, below is a quote Chief Justice Moyer emphasized, so true, so true:   

“Public records are the people’s records. The officials in whose custody they happen to be are mere trustees for the people . . .”  So wrote Judge Rufus B. Smith of the Superior Court of Cincinnati (a body that no longer exists) in 1901.

Bill Lowrance

President PIAVA

Information Insights Inc.

Virginia Legislature–Know The Ins and Outs

     From Richmond Sunlight (Richmond Sunlight)  – a great site:

  “Interested in visiting the General Assembly? We’re exactly halfway finished with the sixty day session, so you’ve got a month left. The legislature’s website provides all sorts of information that will help you with your visit, including how to plan your visit, how to get an official tour, and how to testify before a committee. There’s even an extensive protocol guide, providing a Miss Manners-style guide to how to address legislators, how to invite the governor to an event, and how to mourn the death of a sitting legislator. (Let’s hope you won’t need to know that last one.) If all else fails, contact one of your legislators. He’ll be happy to help you plan your visit.”

Also at the site you can follow various bills, committee meetings, get to know your representative and how to contact them.  Keep active and learn what the Virginia Legislature has in mind for you.

Bill Lowrance

President PIAVA

Information Insights Inc.

Want To Find Public Records Online?

  This is good site to start and look for basics of finidng public records online.  Check it out.  It is not the professional investigator, but for the “do it yourselfers” take a look.

A quote from the site:

A brief note

All of the following web sites and methods of discovery are absolutely free, unless stated otherwise. There are many sites out there that advertise themselves as being free, but charge for their services – and they are not providing anything that you can’t find yourself. If you do end up having to pay for something, it will most likely be at a physical location (i.e., a courthouse) in order to procure a copy of a particular public record

Where-to-find-public-records-online

Bill Lowrance

President PIAVA

Information Insights Inc.