Secrecy rules may cause confusion in arrests

By Nolan Clay

Published: March 22, 2008

District Attorney Larry Stuart warns new secrecy rules on court records could lead to the wrong person getting arrested in a criminal case.

He and other prosecutors want the Oklahoma Supreme Court to exempt criminal cases from the new rules issued this month. The rules go into effect June 10.

The new policy bans such personal information as complete birth dates, complete Social Security numbers and home addresses from court paperwork filed at courthouses. The rules also mean state court documents no longer will be accessible on the Internet.

Critics say the change will lead to confusion when people have similar names.

"That's my biggest concern,” said Stuart, district attorney in Osage and Pawnee counties.

"Without having full birth dates and full Social Security numbers on like ... informations, warrants and such, it would be difficult to make sure you're arresting the right person or charging the right person,” Stuart said.

He said on a criminal charge, "if we have it, we put that information on. The sheriff's office wants it. He wants ... full address, Social Security number and date of birth so he knows he's arresting the right person.”

Justices say they will consider revising the rules. They said the change was made to thwart identity thieves. Chief Justice James Winchester called identity theft "a real threat in today's technological society.”

Stuart questions whether identity thieves even would use information from criminal cases.

"I don't know about anybody else, but I'm not crazy about trying to steal the identity of a convicted felon,” Stuart said. "I don't know that anybody else would be either.”

Oklahoma County District Attorney David Prater called most of the restrictions ridiculous. He's against having Social Security numbers and medical information in court papers "but dates of birth and things like that, I don't think that's a problem.”

Prosecutors say they will need more guidance if the Supreme Court sticks to the rules as written.

"I just really have some questions over whether the Supreme Court's order is applicable at all to us, or to anybody in a criminal case. I think that has to come from the Court of Criminal Appeals,” said Mark Gibson, district attorney in Kay and Noble counties.

District Attorney Dennis A. Smith, president of the Oklahoma District Attorneys Association, said prosecutors aren't showing "any outright panic” yet because they expect there will be some fine-tuning of the new policy.

He said the new Supreme Court rules conflict with Oklahoma Court of Criminal Appeals requirements. "That creates a real problem for us,” said Smith, district attorney in Beckham, Custer, Ellis, Roger Mills and Washita counties.

"I think the intentions were well-meaning,” Smith said. "This computer age, the information is so readily accessible now that I think, personally, we're just seeing the beginning of potential abuse with it.”

In Cleveland County, District Attorney Greg Mashburn has been dealing with the issue of personal information in court records. A stalking defendant sued Cleveland County in November. The man alleges his identity was stolen from details — such as his Social Security number — on a criminal charge that was dismissed.

"My response was we have to have that information to make sure we arrest the right person,” Mashburn said. "I see the accused person's point of view as far as having privacy. However, I think freedom of information overrides some of that.”

Mashburn said he has considered solutions to the controversy, but he called some possible remedies huge hassles.

"I just really have some questions over whether the Supreme Court's order is applicable at all to us, or to anybody in a criminal case.”

Mark Gibson, district attorney in Kay and Noble counties.

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