BRB's Public Records Blog

San Luis Obispo County, CA

Per PRRN Member Judith Smith, the Executive Director of the San Luis Obispo Superior Court - Ms. Susan Matherly - has simply had enough. Ms. Matherly has had it with all the public record search firms hired by employers to check criminal records of local residents that apply for jobs. On March 14th she announced at a local Bar Association luncheon that she was shutting down the public access terminal to background screening firms. And on Monday March 19th she did it. The IT staff removed the public access computer and put it in a locked room to be accessible only by attorneys and their investigators.

To better understand Ms. Matherly's logic, consider the following summarized statements she also made at the March 14th luncheon, as reported by Ms. Smith:
Public access information was never intended for background screeners. Background screening companies just make people not get hired. Employers shouldn't be using background screening companies, but rather should be using the DOJ/LiveScan [the FBI]. There are penal codes stating that the type of research that background screening researchers are doing is illegal. [But she refused to mention what these laws are.] Background screening companies and researchers are not trained to know what they are doing. There is no identifying information in the computer to know if a researcher has indentified the correct person. [Note: The terminal does display a full name and the DOB.]

At present according to Judith Smith, Ms Matherly has instructed the Superior Court Clerks to do the following:
Only attorneys and their investigators now have access to the locked room where the public access computer with access to the public records now resides.
Clerks are not allowed to provide dockets to anyone except to the defendant or their attorney of record.
Record searchers may only provide clerks with 10 names a day.
Clerks may only provide very limited information (for free) if there is only one recent case. Only data provided are the case #, violation and disposition date, the charge and disposition for convictions. If a charge was dismissed the clerk will not inform the requester. Also, no information is provided on sentencing or parole violations. However, the researcher can obtain this information for a $15.00 fee.
If a subject name has more than one case, the clerks will only provide the case numbers. The researchers then must order each file to review for a $15.00 fee per case.

For those interested:

Judith Smith can be reached at Judie@jhsmithconsulting.com.

The presiding judge and Ms. Matherly's supervisor is Judge Barry LaBarbera.

Ms. Matherly can be reached at:

Ms. Susan Matherly
Executive Director, Superior Court
1050 Monterey Street
San Luis Obispo, CA 93408
susan.matherly@slo.courts.ca.gov
805-781-5421

Collin County Texas

The Texas Collin County District Clerk recently announced a new web-based service for attorney and law firms to access court records and files. The subscription fee is based on the number of attorneys in the firm. See www.co.collin.tx.us/district_clerk/index.jsp

 

At present, Collin County Texas currently offers the public a basic search and an advanced search of the court record index. Both are free, neither provide case documents. The Basic Search provides a name search showing a basic information list for all case types simultaneously. The Case Record Inquiry system provides a Register of Actions with case details. These searches can be used to search for active and some historical cases held in any of the Collin County District, County Court at Law, including Probate, or Justice Courts.

Sidebar About Collin County Ranchers and Brands
Texas requires cattle raisers and livestock owners to register their brands in the county or counties in which they operate. Every 10 years, Texas requires that these brands be re-registered. The brand re-registration period began Aug. 31, 2011, and concludes Feb. 29, 2012. Collin County has automated this process and is the first county to enable online registration and searching of Brands, Marks and Tattoos. The search site is at http://apps.collincountytx.gov/dnnpub/mbt/Home.aspx. Ranches are presented in alpha order of the last name of the owner of the livestock.
Although Texas does not have a statewide brand registry database, the Texas and Southwestern Cattle Raisers Association (TSCRA) does have a limited brand search at www.tscrabrands.com/default.aspx.

Manatee County District Court, Florida

The 12th Judicial Circuit (Desoto, Manatee, and Sarasota counties) recently unveiled a new paperless, electronic case management system in Manatee County. The "Manatee Model" was designed for judges, attorneys and county officials to better manage case files through the judicial process. This has lead to a new online search site for public records that now includes images of case files. The site at www.manateeclerk.org/Home/tabid/57/Default.aspx provides a name search with an initial index that shows a DOB as an identifier. From the index one can choose to view any number of documents. Images for felony cases go back to June 2, 2001, for misdemeanor to January 2003, for civil to July 18, 2012. Criminal traffic and traffic infractions are also shown.

This new system will set a baseline standard for other counties in FL as they upgrade their case management systems and provide document images online. Sarasota County is planning to soon place its court record images online to the public while adopting the Manatee Model. For more information about the Manatee Model visit www.manateeclerk.com/Home/ManateeMethod.aspx.

The access system in place now for approved high volume requesters and vendors is the Advantis System. The fee is $11.00 per record, billing is monthly. Search is by license number only (not by name). Requesters must sign a User Agreement and be approved by the Driver Services Branch.

News From Courts

Hawaii
Hawaii recently upgraded the electronic access to the state's Circuit Court records though Ho'ohiki. Users of the system had been experiencing excessive waits and delays. The Judiciairy added additional slots which should alleviate much of the wait time. The long term plan is to replace Ho'ohiki with a new platform for Circuit Court information on the state's Judiciary Information Management System.

However, be aware there are gaps in time periods Ho'ohiki, depending on the District. Also, these records are not considered "official" - there is a strong disclaimer at the site. It is advised to use caution if this site is the only source for FCRA compliant searches.

See www.courts.state.hi.us/legal_references/records/search_court_records.html
 
Nebraska
The ability to electronically file probate case in any of the 93 counties has been added to the Nebraska Judicial eFiling system. This includes cases involving estates, guardianships, conservatorships, and trusts. Civil, criminal and juvenile case types are already part of eFiling. 

See www.supremecourt.ne.gov/court-information-tech/e-filing.shtml

Oklahoma
The Oklahoma Supreme Court has modified an earlier position and has determined that the filing of court documents should include the full date of birth and the full DOB should not be excluded from public documents. An earlier decision would have limited the disclosure of this identifier.

The Judiciary is in the process of developing a single statewide court database system. Eventually the public will have access to case information from all of the 77 county courts on one platform. Currently there are two systems that together provide case information online from 76 counties. At present, records from Cimarron County are not on either system.

For more information on the systems visit www.oscn.net.

Wisconsin

The Wisconsin Circuit Court Access system (WCCA) is a very popular public online access mode for case and docket information. One of the drawbacks to the system is the lack of records from Portage county.  Recently the WCAA announced the addition of Portage court records dating back 25 years. However, users should be aware this case information will not show up on the WCCA for several more months. The data is being slowly added while being checked for completeness and accuracy. A statewide WI check should still include an onsite search in Portage for the next several months.

WCAA is accessible at  http://wcca.wicourts.gov/index.xsl.
 
 

New Hampshire Courts Reorganization: The New Circuit Courts

Effective July 1, 2011, a new Circuit Court system in New Hampshire will consolidate the existing 32 District Courts, 10 Probate Courts, and 25 Family Courts.  Under the new system each county will have a Circuit Court with three Divisions: District, Family, and Probate.
All current District Court locations will remain open. In most counties, the probate case records will be maintained in the District Court located at the county seat. The District Division will continue to handle misdemeanor, traffic, civil actions under $25,000, small claims, and landlord-tenant cases. The Probate Division will still have jurisdiction over wills, trusts and estates, guardianships and involuntary commitment proceedings, adoptions, name changes and partition of real estate. In most counties, the probate case records will be maintained in the District Court located at the county seat. Family Division cases include divorce/parenting action, child support, domestic violence petitions, guardianship of minors, termination of parental rights, abuse/neglect cases, children in need of services, juvenile delinquency, and some adoptions.

At present, each District Court maintains its own database of records and most case records have not been placed into electronic format; they are in paper format. The new law does not provide for a centralized Circuit Court repository for the existing or future District records. The assumption is that a search of District level records in a county will still require a search at each of the District Divisions in that county, unless the Circuit Clerk decides to consolidate the records. Also keep in mind there can be District Courts that cover portions of two counties. For example the Franklin District Court jurisdiction includes towns from two counties - Merrimack and Belknap.
 

Oklahoma Okmulgee County Combines District Courts

Last month the Okmulgee County 24th Judicial District Court closed its Branch Court in Henryetta and moved the operation including closed case files to the main branch in Okmulgee. The District Court handles Felony, Misdemeanor, Civil, Eviction, Small Claims, Probate cases. Previously, an on-site records search necessitated visiting both locations. 

Riverside California Courts' Changing All Phone Numbers

During May and June, the Riverside Superior Court in California is transitioning to a new phone system which will require all court telephone numbers to be changed. At present the Court has changed only a handful numbers, but many will be changed over the next several weeks.
 
The Court is maintaining a web page that shows the old and new numbers as they are changed. See this list at http://riverside.courts.ca.gov/transitionphonelist.pdf

Fulton County IL Recording Fees

Effective January 1, 2011, a $5.00 increase on document recording will take place at the Fulton County Recorder's Office in Lewiston Illinois. For example, the minimum fee for a 4-page document will now be $56.00 plus $1.00 for each additional page. To view the new few structure visit www.fultonco.org/documents/Recording_Fees_2011.pdf.

Nassau County NY Recording Fees Increased

The document recording fees for Nassau County, NY increased significantly on December 1st, 2010. For example, the block index recording fee has been increased from $10.00 to $75.00 "for each block under which such instrument is required to be indexed." There was some initial confusion as to the date of the increase because the Clerk's Office issued a Notice incorrectly stating the increase was to be effective January 1, 2011.
 
View fees at www.nassaucountyny.gov/agencies/Clerk/Fees/realestate.html.

Fresno County Superior Court Closes Fowler Branch

Effective April 30, 2010, the Fresno County Superior Court closed the Fowler branch courthouse. The Fowler branch heard civil, small claims and traffic cases. All current cases and recent case files were moved to the branch court in Selma. Case files older than 2008 were moved to the archives in Fresno. 

 
Fowler's phone number was disconnected. The phone number for Selma is 559-457-6399.