NEFAC, Rhode Island Partners Again Offer Guidance as State Prepares Launch of Online Court Records System

JAN. 30 LETTER

The New England First Amendment Coalition and several Rhode Island open government advocates — collectively known as Access/RI — are again offering their guidance before the roll-out of a new online court records system.

The state judiciary plans to make court records accessible online to all members of the public by this spring. The platform re:Search by Tyler Technologies reportedly will be used.

Access/RI wrote to court officials on Oct. 1 asking for public participation in the process and to warn against complications — caused either by technology or court policy — that have plagued the platform in other states.

In an Oct. 23 response, general counsel for the courts Kathleen Kelly said proposed rules for access to the system would be provided in a “few months” and there would be an opportunity for public comment. But with about two months remaining until the system’s expected launch and those proposed rules not yet released, Access/RI again offered its support.

“We understand that a public comment period will occur before any issuance of final policies,” wrote Scott Pickering, president of Access/RI, and Justin Silverman, NEFAC’s executive director. “Still, there is the potential for technological shortcomings beyond court polices that could hinder the public’s access to court records while using the new platform.”

Pickering and Silverman offered to assemble a test group of journalists and other researchers who could help improve the system prior to its launch. NEFAC created such a group for the Vermont Judiciary to help improve that state’s online records system.

In their original letter to Rhode Island court officials, Access/RI listed examples of complications reported by users of Tyler Technologies software in other states. They include:

• Policies that unduly restrict access to certain public information court officials deem too sensitive to make available online.
Search function limitations that make it impossible to find relevant records and reoccurring error messages resulting from queries.
• Providing case documents as a PDF or other file formats that do not allow text searching.
• Lack of resources and training for court staff to help users troubleshoot issues arising from the software.

Of the six New England states, only Maine is currently using re:Search. Users there are experiencing a wide range of challenges that can only be overcome by visiting individual courthouses — an unfortunate necessity that defeats the purpose of online access and enables an inequitable system where court access is available to only those with the ability to travel. NEFAC recently called on the Maine Judiciary to fix the problems plaguing its system.

NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. You can read all the coalition’s briefs and advocacy letters here. Want to learn more about online access to court records in your state? Start 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.