Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
Webinar Courtesies
• Please note attendees are currently on mute• Questions Anyone?
• At the end of the session we will have a 15 minute Q&A (Please click the raise your hand button for questions)
• Chat your question if you would like it addressed during Q&A at the end of the session
• The presentation, handouts and online evaluation will be provided to all attendees by e-mail following the meeting
• This Webinar is being recorded• Thank you for your participation!
Meet The Panelists
Antonio JaimesChief Legal Officer, Volusia County Clerk of Circuit Court
Matt WhyteGeneral Counsel & Director of HR, Manatee County Clerk of the Circuit Court and Comptroller
Public Records and Rule 2.420
December 10, 2018Tour of Florida Courthouses to Access Court Records Report Released by News Media Coalition
December 13, 2018Follow-up Letter from Carol LoCicero
January 31, 2019Letter from John A. Tomasino to the FCTC and RJA Committee
February 11, 2019FCCC Advisory on Potential Amendments to Rule 2.420
Public Records and Rule 2.420
Feb. 13, 2019Florida Phoenix Article Released
Feb. 15, 2019FCCC Responds with Press Release
March 26, 2019FCCC Releases Response to the News Media Coalition Report and sends FCCC Advisory
May 7, 2019FCCC Presents Position Statement on Rule 2.420
“The Clerk said the journalist must wait for the docket to appear on the court’s website, then call the branch with a case number, pay over the phone by credit card, and then wait for a copy of the complaint to be
delivered via email.” ––––––––––––––––––––––––––––––––––––––––
“ The counter clerk said he could not allow Mr. Abbott to review the case for free.”
––––––––––––––––––––––––––––––––––––––––“ . . . The redaction software regularly breaks down, but tech services
does not inform the rest of the clerk’s office of the breakdown.”
Report: Tour of Florida Courthouses to Access Court Records
“When Mr. Abbott asked how he could inspect new complaints, she answered, ‘you can’t do that.’”
––––––––––––––––––––––––––––––––––––––––“The Clerk refused to answer any questions about the process, sending
him instead to the law library . . . .” ––––––––––––––––––––––––––––––––––––––––
Refusing court records due to high volume of requests by a non-registered.
Report: Tour of Florida Courthouses to Access Court Records, Cont.
Response to Report by FCCC
“Critically to this matter, no Clerk failed to provide a document as requested. The reporter left if he could not get instant access to documents. The reporter did not follow up with the Clerk’s office in instances where documents were not immediately available. The requests were not in writing, as required by Rule 2.420. Neither the report nor the information Clerks provided indicate that the reporter stated there was a time-sensitive need for access—or if there was, what it was.”
“ The Circuit Clerks who guard this gate have imposed some ridiculous restrictions that can substantially delay access to lawsuits and make it
very costly to see one.” ––––––––––––––––––––––––––––––––––––––––
“The court is not happy with the way things are going…”––––––––––––––––––––––––––––––––––––––––
“Hopefully the court will win this fight.” ––––––––––––––––––––––––––––––––––––––––
“It is just another chapter in the continuing battle between those who would be happy if pesky reporters never sought access to documents
and those who want access to records.”
Florida Pheonix Article:“An unbelievable Odyssey: Trying to access court records, for
free and on the spot, at your local courthouse.”
“Clerks have nothing to gain by withholding public information
from the news media, as custodians of important records, Clerks
believe in the Sunshine laws. They believe that balancing public
safety with providing access to public court files—to the extent
permissible according to statute and judiciary directives—is as
important as protecting private information.”
- Chris Hart IV, CEO of Florida Court Clerks & Comptrollers
Setting the Record Straight: Florida’s ClerksProtect the Public Trust
“ The Clerks support the current rule and have hawkishly served as the primary protectors of confidential information, as the overwhelming majority of court filings are filed without the rule’s required notice.”
––––––––––––––––––––––––––––––––––––––––“Advocates of this shift argue that instant access to court records
outweighs an individual’s right to privacy and the Rule’s common sense protections from the irreparable harm that will inevitably result from
the release of such sensitive, confidential information. Some have even argued that the most sensitive, personal information in court records is
“practically obscure” since many court records go unread by anyone other than those involved in a case.”
Florida Clerks Position onRule 2.420 RJA
“Based on the data analyzed by Clerks, it is an inexorable conclusion that placing sole responsibility for redaction on filers will result in
sensitive information being made public. If the public’s right to know is discussed in the same breath as the individual’s right to privacy, keeping
the Clerk’s role in the redaction process, as has been the successful models for decades, is undoubtedly the Best Practice.”
––––––––––––––––––––––––––––––––––––––––“As always, Clerks stand ready to faithfully implement
and abide by the Court’s rule.”
Florida Clerks Position onRule 2.420 RJA, Cont.
Matt WhyteGeneral Counsel & Director of Human Resources
Manatee County Clerk of the Circuit Court and Comptroller
RESPONDING TO PUBLIC RECORDS REQUESTS
What Is a Public Record?
• Defined as “all materials made or received by an agency in connection with official business which are used to perpetuate, communicate, or formalize knowledge.”
• Includes both paper andelectronic records
• Public records are not limited to work or official accounts, such as work email, work phone, or other official equipment
Common Public Records Questions
• Can I destroy public records?
• What information is exempt from disclosure in a public records request?
• What form is required for a public records request?
Handling Individuals Making Public Records Request
For AGENCY Records:• Do NOT have to identify themselves• Do NOT have to provide identification• Do NOT have to tell you why they want the
information (don’t even ask)• The requestor’s motivation to see records
does not impact the ability to see them
For COURT Records:• We can ask “Who are you?” and
“What are you trying to see?”• Must make sure the requestor is
allowed access
Common Scenarios For Public Records Requests
People Recording Video In The Clerk’s Office
Serial Requestors and Common Requests
Difficult or Rude Requestors