Public Records & the Internet

[CoffeeBean]

The Oklahoma Supreme Court recently adopted a rule prohibiting Court Clerks from providing online access to court pleadings - public records which are otherwise available upon request.

It appears the rule springs from a concern over identity theft, a concern seemingly absent in the federal judiciary, which requires that all pleadings appear online.

I wonder, however, if the Oklahoma Supreme Court overstepped its bounds.  First, their proclamation didn't arise from any case or controversy.  Nobody came to the Court complaining about online access.  

Second, the Legislature, viz-a-vie the Oklahoma Open Records Act, already expressed the intent of the people to provide access to public records, and the information contained therein:

quote:The purpose of this act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. The privacy interests of individuals are adequately protected in the specific exceptions to the Oklahoma Open Records Act or in the statutes which authorize, create or require the records. Except where specific state or federal statutes create a confidential privilege, persons who submit information to public bodies have no right to keep this information from public access nor reasonable expectation that this information will be kept from public access

Is the Court correct?  Should we only allow access to court pleadings if the person actually travels to the courthouse?  Did the Court overstep its bounds and fashion a rule contrary to the expressed will of the Legislature?  Does anyone care?  

Personally, I think its a step backwards.  With full access to online pleadings, Oklahoma actually has an opportunity to be a trailblazer, ahead of other states, and in accord with the federal courts.

Online pleadings are here to stay.  As I said, it's already the standard in federal court.  As time marches on, this standard will trickle down to the states.  Given this reality, we should embrace this technology, consult with the feds, and resolve our concerns instead of sticking our collective heads in the sand.