FOR IMMEDIATE RELEASE
CONTACT Justin Silverman | 774.244.2365 | justin@nefac.org
The New England First Amendment Coalition called on the Maine Judicial Branch today to address a growing list of challenges impeding the public’s right to access court records online and at individual courthouses.
Public access to most records through the state’s Odyssey system — software provided through a 10-year $15 million contract with Tyler Technologies — was shut off in late 2023 due to security concerns. No date was given for when access will be restored.
In a July 30 letter to court officials and Chief Justice Valerie Stanfill, NEFAC wrote that:
“Put simply, this new policy conflicts with the court’s own rules and long-standing stated policy objectives. It also appears to conflict with First Amendment and common law presumptions of access to public court records. With a few narrow exceptions, court rules require the same access to records online as is given at courthouses. That was the promise made in 2018. While strides have been taken since then toward the finish line we’re eight years into the 10-year contract with Tyler Technologies with our feet now back in starting blocks.”
Problems now facing the public include:
• Docket Numbers | When requesting civil and criminal case records, many court clerks require a docket number. It is particularly difficult to obtain the docket number for criminal cases. This is information that was once but now no longer available on Odyssey. Without it, clerks are reluctant to search for case records despite the temporary court order requiring such records be provided in absence of an online system. Case in point: Penobscot County Superior Court told one reporter it would search for the docket number — but for a $20 fee. In other words, no docket number? Pay up or no records.
• Party Names | In Waldo County Superior Court, requests were made for all records involved in cases between the Town of Waldo and a particular plaintiff. The request could not be fulfilled, clerks there said, because no hard copies of the files were kept at the courthouse. The records might be accessed online through Odyssey, but the system doesn’t allow for searching by party name. The clerks themselves said they also couldn’t search by party name. No party names? No records.
• Photos of Records | Without the ability to view court records remotely, members of the public should be able to take photos of paper records in courthouses. This would provide a temporary substitute for downloading files remotely. Unfortunately, clerks on occasion have prohibited individuals from taking photos of public records, exacerbating an already burdensome process.
• Online Searches | Even without the ability to access full case files through Odyssey, the basic information still provided could be useful if the platform allowed for easier searching. The case information that remains available is mired by incorrect and changing filing dates, and an inability to meaningfully sort cases. For example, one reporter found that a number of hearing dates were listed for January 1, 2077. Other cases show filing dates of January 1, 1900. Not only are these dates incorrect, but they make searching by hearing or filing date useless.
“The commitment to provide access to court records online was made nearly a decade ago to the applause of those championing transparency and equitable access to the courts,” NEFAC wrote. “A great deal of thought and public input went into the transition, which included detailed new court rules which were developed after a notice/comment period. Yet, all this has now ground to a halt with most improvements now indefinitely suspended.”
The coalition is requesting a meeting with Judicial Branch officials to share its concerns in more detail and discuss possible solutions.
NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. All coalition briefs, letters and statements can be found here. Want to learn more about judicial records in Maine? Check out NEFAC’s multimedia FOI Guide for video tutorials, interviews with journalists and legal experts, legislation trackers and more.
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 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.