BRB's Public Records Blog

About Tribal Courts

Tribal Courts represent a unique legal system that works within the separate sovereignty of the Indian nations within the United States. The impact on using these courts in business investigations is considerable within the gaming industry. The key point here is that case information in tribal courts is NOT found in any level within the rest of the courts in the U.S.

Searching tribal courts is a must for any obvious Native American name. Also any particular cases which may be brought against any gambling facilities or casinos. These court systems encapsulate criminal, civil, summary judgments and similar cases. Below are several excellent sources to find tribal courts.

• National Tribal Justice Resource Center - www.tribalresourcecenter.org
• Tribal Court Clearinghouse - www.tribal-institute.org/index.htm
• A listing of Tribal Courts is also provided by www.versuslaw.com

(This tip is from Cynthia Hetherington's book  Business Background Investigations.)

Certain County Courts Relocating

Nodaway County Circuit Court, Missouri - At the end of August, the consolidated court will move from 303 N Market to 305 N Main in Maryville, MO. The ZIP Code and phone numbers will remain the same.

Hancock County Circuit and Chancery Courts, Mississippi - Earlier this month, the Circuit and Chancery Courts of Hancock County Mississippi moved from 3068 Longfellow Dr to 152 Main Street in Bay St. Louis, MS. The ZIP Code and phone numbers remain the same.

Green County Circuit Court, Wisconsin - In September, the Green County Circuit Court will move from 1016 16h Ave to the new Justice Center at 2841 Sixth St. in Monroe, WI. The ZIP Code and phone numbers will remain the same.

A side note, we have spotted a small trend from our ongoing research of 8,000+ courts in the U.S, - a suprizing number of courts have stopped using a PO Box.

Contra Costa Superior Court Fees

Effective this week, the Superior Courts in Contra Costa County, CA are participating in a Pilot Study Program for criminal record searching.  All of the Superior Courts in the county are now adding a $15 surcharge for any name lists presented that have 51 or more names, per 70627(c).

Also, regardless of the number of names, there is now a $.50 charge to receive a printout of a case, per 70627(a). This is in addition to the standard $.50 copy fee, if a copy is needed.

Civil Judgments in South Dakota - Search Online

Access civil money judgments from 04/19/2004 forward on a statewide system at:

https://apps.sd.gov/applications/judgmentquery/login.aspx

Charges for searches with a credit/debit card are $4.00 per name or date range search and an additional $1.00 charge to access the judgment docket. A subscription service with added features is also available.

Minnesota Increases Certain Court Fees

As of July 1st, 2009, a number of fee increases will take place involving the Minnesota Court System. Most of the specified increases affect filings of civil cases, marriage dissolution actions, and the filing of motions or responses. However, there are two fees which will affect record access. The fee for a non-certified copy of any instrument from a civil or criminal proceeding increases from $5.00 to $8.00, and the fee for a certified copy increases from $10.00 to $14.00.

Finding a copy of all the fee increases is tricky. Go to www.leg.state.mn.us/, click on Statutes, Laws and Rules, then click on 2009 Session Laws, and finally on Chapter 83. This will bring up the bill in its entirety. Look for Article 2 and the Amendment to section 357.021, subdivision 2.

Standards for Searching Records at Federal Courts

The typical search fee is $26.00 per item (one party name or case number). Copy fee is $.50 per page. Certification fee is $9.00 per document; double for exemplification, if available. Most courts require prepayment. Mail requests should enclose a SASE unless otherwise noted. Before releasing records, most courts require prepayment.

District courts index by defendant and plaintiff and by case number. Bankruptcy courts usually index by debtor and case number. While most courts now have their indexes on computer, many may still maintain index card files as well. Courts will archive closed case files at different times.

There are numerous public access programs available to online subscribers. Search the U.S. Party/Case Index to find party names and case numbers among all courts. Individual case data is provided on PACER. A search of CM/ECF provides copies of cases filed electronically. For details about PACER, the US Party/Case Index, and CM/ECF see the Appendix or go to http://pacer.psc.uscourts.gov or call 800-676-6856.

  excerpt from The Sourcebook to Public Record Information

Ohio Redaction Law on Court Records to Take Affect Soon

Per Ohio’s Public Access Rules and Public Records Act, as of July 1, 2009 the redaction of certain personal identifiers contained on court documents seen by the public will go into affect. “Personal identifiers” means Social Security Numbers, except for the last four digits; financial account numbers, including but not limited to debit card, charge card, and credit card numbers; employer and employee identification numbers; and a juvenile’s name in an abuse, neglect, or dependency case, except for the juvenile’s initials or a generic abbreviation such as “CV” for “child victim.”
For a copy of the text and a summary of the rules visit www.supremecourt.ohio.gov/Boards/superintendence/PAR/default.asp.

New Utah Law for Employers Using Personal Identifiers

The Utah legislation has enacted H.B. 206. The legislation prohibits employers from requesting a SSN, DOB or DL# until either 1) the time in the hiring process when a criminal background check, credit history, or driving record is going to be run or 2) a conditional offer of employment is made. In general, H.B. 206 affects employers with 15 or more employees. This means that the SSN, DOB or DL should not be indicated on the initial job application form. This is not out of the ordinary, since this procedure is common for employers who work with and are advised by a pre-employment screening agency. However, vendors who provide employment screening on occasion for their employer clients may want to make sure to supply the proper forms to an employer at the appropriate time when a background check is initiated or public records are checked.
An excellent overview of the new law is provided by the Employer’s Council (which covers Idaho, Nevada, Utah, and Wyoming) at www.ecutah.org/newsampl.pdf.

Certification Fee for Iowa Court Records Increased

Effective May 27, 2009, the charge for a certification and seal fee on a court document increased from $10.00 to $20.00. The bill, which was signed by the governor on May 26th, also increased a number of court filing files.  For example, the fee to file a statutory or mechanics increased from $10 to $50, the fee for filing and docketing increased from $50 to $85, and for an appeal from a judgment in small claims or for filing and docketing a writ of error the fee increased from $75 to $185.
For more information and a complete list of all the fee increases go to www.legis.state.ia.us/index.html and enter SF478 in the Quick Find: Bills & Iowa Code box

Certification Fee for Iowa Court Records Increased

Per SF 478 and effective May 27, 2009, the charge for a certification and seal fee increased from $10.00 to $20.00. The bill, which was signed by the governor on May 26th, also increased a number of filing files within the state's court system.  For more information, go to http://www.legis.state.ia.us/index.html and enter SF478.