The New England First Amendment Coalition and its Access/ Rhode Island partners expressed concern today over proposed rules that would limit the public’s ability to access court records online.
The rules address how a new online filing system — a Tyler Technologies product called re:Search — will be implemented. The open government groups called those rules a “major disappointment in a number of respects.”
Among the groups’ concerns are:
- Rule 5(c)(4) authorizes the courts to charge fees for the remote downloading or printing of documents. The rule provides no clue as to the amounts that would be charged, but any cost is bound to inhibit many individuals from taking advantage of the new system’s remote access capabilities.
- Under Rule 5(c)(2)(a), dockets for family court and worker’s compensation cases would no longer be remotely accessible to the public. After having the current system provide remote access to those dockets for over a decade, there is no compelling reason for the rules to now make them confidential and prevent the public from obtaining even minimal access to information about cases pending in those two courts.
- Rule 5(d)(2) still prevents the public from obtaining remote access to exhibits that are filed in any lawsuit. Exhibits to a case can often provide essential information to understanding the details of a lawsuit and the evidence underpinning it.
- The rules would continue to give attorneys broad discretion to seal the entirety of some documents that they file even if only portions of the document might be legitimately deemed to contain confidential information. The rules should be revised to ensure that redaction is the default for submitting documents that may include some confidential information.
The groups also reiterated the need for public feedback about the functionality of the new system. Other states have reported flaws in the implementation of re:Search and NEFAC and its partners offered twice to provide advance input. Court officials, however, declined their offer.
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s advocacy here.
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, Northeastern University and WCVB-Boston.NEFA