BRB's Public Records Blog

South Dakota Raises Fee for Court Record Searches

On March 20, 2012, the South Dakota Governor signed HB 1058. The new law will increase search fees charged to view or obtain Circuit Court records. The current $15.00 fee will increase to $20.00 as of Jan. 1, 2013, but the fee would return to $15.00 effective July 1, 2017. (HB1058 was actually a compromise - the original bill had an increase of $10.00.) The additional funds will be used to offset last year's budget cuts and to support an upgrade of the court's computerized case management system.

The $20.00 fee is for a search of statewide criminal and civil records, and also is applicable for local onsite requests to check individual court case files. View the bill at http://legis.state.sd.us/index.aspx.

California Birth and Death Certificates

Effective January 1, 2012, the fee for a certified copy of a birth, death, or fetal death certificate increases by $2.00 per record. This increase will take place at the California Department of Heath (CADH) and also at the county level. The fees at various county clerk and recorder's offices vary and do not necessarily have the same fee structure as the CADH.

The fee increase is part of Assembly Bill 1053 signed by the governor. The legislation also provides for two additional $2.00 increases to take place January 1, 2013 and January 1, 2014. View AB-1053 at www.leginfo.ca.gov/bilinfo.html.

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.
 
 

Key Recording Fee Changes For July 1, 2011

Iowa
Effective July 1, 2011, recording fees will decrease by $2.00. The fee for the first
page of all documents (standard size) will be $7.00; it was $9.00. Each additional page will still be $5.00.
 
Maryland
A $20 surcharge is imposed on all recorded instruments including Deeds, Deeds of Trust (Mortgages), and Powers of Attorney. Note the surcharge will only affect instruments executed on or after July 1, 2011. Any documents executed prior to this date will not be affected. For example the typical cost of recording a real estate sale will increase from $40 to $60.
 
New Mexico
The state is changing the its fee procedure for recording documents. Effective July 1, 2011, the cost to record a document will be $25.00; however, this will include up to a block of 10 entries in the index of the county recording district. Each addition entry group up to 10 will be an additional $25.  This new price structure will actually lower the cost of recording many documents.
 
See www.nmlegis.gov/Sessions/11%20Regular/final/SB0369.pdf
 
Kerns County, California
Recording fees will increase by $6.00 for all documents (except Maps and UCCs).

Three States Modify Civil Case Jurisdiction Limits Effective July 1, 2011

Virginia
Effective July 1, 2011, the maximum civil jurisdictional limit in the General District Courts increases from $15,000 to $25,000. The mimimum cvil amount at upper court - the Circuit Court - remains the same at $4,500. Therefore civil actions from $4,500 through $25,000 are concurrent and be filed at either court. There was no change to the Small Claims limit which remains at $5,000 in the General District Court.

Wyoming
Effective July 1, 2011, the exclusive jurisdiction amount for civil actions at the state's Circuit Courts increases from $7,000 to $50,000. The WY District Courts will now oversee civil cases involving a sum greater than $50,000.  Also effective July 1, 2011, the maximum amount for a Small Claims case (tried at the Circuit Court Level) is raised from $5,000 to $6,000. These actions are the result of Bill SF0015. 
 
Montana
Effective July 1, 2011, the District Courts, which are the general jurisdiction courts, will only try civil matters exceeding $12,000. The previous limit was $7,000. The courts of limited jurisdiction, which are Justice Courts, City Courts and Municipal Courts, will have the max civil limit amount raised from $7,000 to $12,000. The Small Claims maximum limit will increase as well, from $3,000 to $7,000. These actions are a result of SB 238 
 
 

Battle Over NC Court Criminal Record Access Continues

As previously reported, the North Carolina Administrative Office of the Courts (NCAOC) ceased providing the licensees of the ACIS Daily Criminal Extract with the criminal case details. Court details now must be accessed in person or by using an old, antiquated technology system called The Green Screen. This move altered the way tens of thousands of criminal records are accessed in North Carolina.
 
In response to the NCAOC's mandate, several vendors filed suit in the Wake County, NC. The case is 11 CVS 1548 COURT VENTURES INC. and HIREASE INC (plaintiffs)   v. NORTH CAROLINA ADMINISTRTAIVE OFFICE OF THE COURTS and JOHN W. SMITH, II (in his capacity as Director of the North Carolina Administrative Office of the Courts) (defendants).
 
An point of contention in this court case has led to the introduction of legislation in North Carolina - Who is the custodian of these court records? Evidently the county clerks are saying that the AOC is the custodian of the records, and the AOC is saying the county clerks are the custodians. Once it is determined who is the custodian, then the case will likely focus on the contractual obligation to provide public records.
Below are further details.
 
Referencing CVS 1548, in section 61 of the NCAOC's First Defense Response, the defendants deny that they are the custodians of any public information in the ACIS database, although they admit they maintain the database. The defendants allege that the 100 clerks of courts are the custodians of the records. In Section 5 the AOC denies that "this is a public record action in that the relationship between plaintiffs and AOC are governed by contracts entered into pursuant to N.C Gen Stat. § 7A-109."
 
On April 6, House Bill 859l regarding AOC/Custody and Availability of Court Records was filed in the NC State legislature. The bill is meant to "...clarify that the Administrative Office of the Courts is a custodian of court records...those court records are a public record..."  The bill re-writes portions of section 7A-109.
 
The phone number for the Wake County Clerk of Court is 919-792-4000. The current version of the House Bill is viewable at:
www.ncleg.net/Sessions/2011/Bills/House/PDF/H859v1.pdf.  

New Jersey Begins Release of New Driver License Document

The New Jersey Motor Vehicle Commission recently announced the phase-in of their new Enhanced Digital Driver's License. The new document is more secure and made with tamper-evident material. One noticeable change is that the cardholder name is formatted on two lines, the last name on the top and first name below. Also the position of the photo moved for drivers under 21 years of age. The larger photo is still on the left side but now half way up the document.  Starting in 2012 after the MVC computer system is fully implemented, drivers will be given the option to renew either by mail or over the web.
 
See www.state.nj.us/mvc/PressReleases/archives/2011/051111.htm for further details.

MA Register of Deeds Tries to Halt Non-Recording of Mortgage Assignments

According to an article in the Salem News, written by Julie Manganis, an entity known as the Mortgage Electronic Registration Systems or MERS has bypassed thousands of mortgage records. When a property is sold, financed or refinanced, there must be a recording of the mortgage at the local level. But when these mortgages are sold or bundled and sold (as many as four times), MERS was bypassing the recording fees. Per the article "MERS would keep tabs on the mortgage, essentially creating a private registry and avoiding the fees."

Thus, a number of properties can not be properly tracked or searched in public records at the affected local jurisdictions. Also, home owners may not know who holds their mortgages.

Mr. John O'Brien, the Essex South Register of Deeds in Massachusetts estimates that his office has lost over $22 million in recording fees on over 148,000 recordings taken place since 1998. Mr. O'Brien has requested that the Massachusetts Attorney General take action against MERS. According to ther article "MERS has acknowledged that transfers or assignments of mortgages should have been transferred."

Changes on Hold to Electronic Access of NC Criminal Court Records

Pending a court ruling in Wake County, NC, the North Carolina Administrative Office of the Courts (NCAOC) voluntarily postponed their planned March 1 mandate which would have altered the way millions of criminal records are accessed in North Carolina.  The docket number is 11cv001548.

The reason for the ruling is that several consumer reporting agencies filed a restraining order against the NCAOC to stop their mandate. A hearing was held late last week on a preliminary injunction to halt the NCAOC from modifying the manner in which criminal record data is released. The judge's decision on the motion is expected within the week. The docket number is 11cv001548.

As previously reported in this newsletter, if the NCAOC changes take place, licensees to the ACIS Daily Criminal Extract would no longer have access to criminal court case details in these daily ACIS extract feeds. Licensees would be forced to use an old technology system - known as the Green Screen - that would greatly increase the turnaround time and fees.

The Director of the North Carolina Administrative Office of the Courts, Judge John W. Smith can be reached at John.W.Smith@aoc.nccourts.org. For more information on the Green Screen, contact the NCAOC Remote Public Access group at 919-890-2220 or rpa@aoc.nccourts.org.

A list of licensees who receive the daily bulk fee is found at:

www.nccourts.org/Citizens/GoToCourt/Documents/cbccompanies.pdf

Latest on Electronic Access of NC Criminal Court Records

A hearing was held late this week (March 4) on a preliminary injunction to halt the North Carolina Administrative Office of the Courts' (NCAOC) from the modifying the manner in which criminal record data is released. Last week several consumer reporting agencies filed a restraining order against the NCAOC to stop their mandate. The judge’s decision on the motion is expected within the week.

At present, millions of North Carolina criminal record searches are processed annually by licensees of the ACIS Daily Criminal Extract. Licensees receive a daily bulk feed provided by the NCAOC.  The data includes full information on criminal court cases. Effective March 1, 2011, NCAOC was to terminate the inclusion of criminal court case details from these daily ACIS extract feeds. The NCAOC plans to replace the current extract with a stripped down version dubbed the "Demographic Extract" which will include name, address, DOB and the last four digits of the SSN.  However if the NCAOC prevails, to retrieve specific case details including  charge, level of offense, method of disposition, plea, and sentencing, all licensees (or vendors or end users) would incur an added manual step and incur additional fees to access the Remote Public Access system.

The Green Screen
The Remote Public Access system, commonly referred to as the "Green Screen" is a Telnet based system that connects users directly with the AOC.  Users incur a charge of $.21 per screen or page. There are numerous screens associated with a search, For example there is an initial entry screen, a log-in screen, a log-in confirmation screen, and the case details are shown on multiple screens. Each movement up or down to a new screen incurs the $.21 charge. Users often find that a record search can involve using a dozen or more screens, and of course the associated time.  At present, most high volume users and vendors prefer to access records on an instant basis from one of the licensees. Effective Match 1, these record requesters will be forced to either use the Green Screen or to pay someone to look-up the records on the Green Screen.

According to former NC Magistrate Judge Dean Carras, "The current Green Screen system is operating with the same technology and platform it was using in the mid 1990's. The Green Screen is very antiquated and inefficient compared to the other 29 states where the office of court administration offers online access to court record information. The Remote Public Access System is not and was never designed for use as a screening or investigative tool." 
According to the NCAOC, the reason for the termination of the case information in the data extract feed is to stop the reporting of inaccurate information and the reporting of expunged cases. Licensees and record requesters counter that many expunged cases are already being shown on the Green Screen and that adding a manual process step to criminal record searches will increase and not lesson the chance of inaccurate data be reported.
 
Record Searches if NCAOC Prevails
The licensees who receive the bulk criminal record data will maintain their historical information to provide to vendors, employers, attorneys and other users. However search details on all new, open cases, or amended cases will now need to be searched on the Green System. This means that users will see a fee increase for the added costs and added time needed to access and read records. Also, time delays are expected, especially at the outset with the learning curve users will face with navigating the Green Screen System.
 
Another concern is the additional bandwidth that will be needed to accommodate the significant increase Green Screen usage. Licensees are fearful that the system will bog down or come to a halt as millions of record searches will be subject to a non-automated access mode.
 
If you have comments, questions or concerns, you can contact the Director of the North Carolina Administrative Office of the Courts, Judge John W. Smith at John.W.Smith@aoc.nccourts.org. For more information on the Green Screen, contact the NCAOC Remote Public Access group at 919-890-2220 or rpa@aoc.nccourts.org. 
 
A list of licensees who receive the daily bulk fee is found at:
www.nccourts.org/Citizens/GoToCourt/Documents/cbccompanies.pdf