Update: The Court Administrator responded on Oct. 18 that security issues caused some kiosks to operate slowly or not at all. “The security issues have been fully resolved, and, to the best of our knowledge, the kiosks are all operating properly,” the administrator wrote. As to installing more kiosks at each courthouse, “unfortunately, in many courthouses, we do not have the physical capability to provide two public kiosks.” The court, however, will consider imposing time limits as suggested by NEFAC.
FOR IMMEDIATE RELEASE
CONTACT Justin Silverman | 774.244.2365 | justin@nefac.org
The New England First Amendment Coalition expressed its concern over the lack of access to public kiosks in Massachusetts courthouses, calling for more terminals and stricter time limits for users.
Online access to court records in the state is significantly limited for most members of the public. Courthouse kiosks are typically the only meaningful way to research cases.
“Due to a combination of out-of-service kiosks and individuals using kiosks for an unreasonable amount of time, public access can frequently be denied,” wrote the coalition to the state’s Office of the Trial Court on Oct. 9. “This is a major concern given that many court records, such as documents in criminal cases, cannot be thoroughly researched remotely but must instead be searched for through these kiosks.”
Rule 2(f) of the Trial Court Rules on Public Access to Court Records states that trial courts are to “provide the public with a computer kiosk or terminal for accessing electronic court records. . . . The Clerk may set reasonable restrictions on the amount of time that any one person may use a computer kiosk, the number of searches, or the number of documents viewed, to ensure that the computer kiosk is not monopolized or misused.”
NEFAC recommended the following:
• Provide at least two terminals in each courthouse. Public access to court records should not be dependent on the reliability of a single kiosk. A second terminal would be a much-needed contingency plan and would also help alleviate long waiting times when the first kiosk is in use.
• Impose a time limit of one hour for the use of any kiosk if there are individuals waiting to use the terminal. Rule 2(f) allows clerks to set reasonable restrictions to “ensure that the computer kiosk is not monopolized.” Such discretion, however, is usually not exercised. A time limit should instead be required.
• Another option entirely would be to grant all members of the public the same level of remote access that is currently provided to attorneys.
“Journalists can be stymied in their reporting because a kiosk is inoperable or being occupied for several hours at a time,” the coalition explained. “Stories cannot be reported quickly and valuable time is wasted traveling to individual courthouses where kiosks are unavailable.”
NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. Earlier this year, Massachusetts courts began posting more criminal case information online as result of the coalition’s urging. NEFAC this month offered guidance to Rhode Island court officials who plan to launch an online platform for judicial records next year. The coalition also recently called on the Maine Judiciary to fix the problems plaguing its system and is working with court officials in Vermont to help improve online access to that state’s court records.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Connecticut Public, WCVB-Boston and WBUR-Boston.