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Ruling ‘a step too far'
Oklahoma Supreme Court Justice Yvonne Kauger and Vice Chief Justice James Edmondson opposed the full court's decision last week to restrict online access to public court documents while supporting rules to redact some personal information. Here are excerpts from Kauger's dissenting opinion which, by the way, is available on the court's Web site, www.oscn.net:
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In this computerized, Internet age, courts, with the help and the direction of legislatures, are taking fiscal responsibility by reducing paperwork, reducing copying costs, moving towards electronic filing and electronic transfer of records, and providing the public greater and easier access to information to which it is entitled. Court records are migrating from paper form to electronic form where information may be disseminated in bulk, accessed over the Internet, or both. In a step towards this responsibility, the Court recently increased court costs by $15 to provide for improved computerization of all 77 county clerk dockets. However, as a result of the Court's order, not only is the Court taking a giant, 30-year leap backwards to a time when the personal computer was nonexistent, the public is now paying for access to a system which is made inaccessible by the order. ...
The Court is obligated to provide the public with access to court records. The judiciary has long recognized that case file documents, unless sealed or otherwise restricted by statute or court rule, are available at the courthouse for public inspection. The common law right and the presumption of public access to court records relate to the public's right to monitor the functioning of our courts, thereby insuring quality, honesty, and respect for our legal system. ...
With the invention of each new method of conveying information, it becomes more difficult for the courts to seal and protect information without the individual cooperation of litigants and members of the Bar. Whether it is a development we welcome, the simple fact is that the tide of new media may not be ignored or dodged.
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