August 2, 2010Electronic public records caught in technical limbo

Missouri Press Association has tried to get a Sunshine Law provision to require that electronic public records be kept in a format that can be handled with common computer programs. It’s not been a proposal that was readily accepted by public bodies.
It’s not that public bodies are trying to hide data. Rather, it’s a result of the corner that public bodies have boxed themselves into in their efforts to modernize their systems. As we all moved into the computer age, public bodies looked for ways to work with the large number of public records they manage. They needed a method to allow them computerized access to the data they held to make their access to and use of it easier and quicker.
And businesses have jumped to fill that need. Hundreds of companies have invested time and energy in creating programs that they could sell to your county officials, your city officials, your state officials – all public bodies with money to spend and needs to meet. Those programs were highly proprietary. These companies needed to be able to recoup their investment in these programs, so they signed the public bodies to long-term contracts.
They ensured that the data, in its raw form created by a backup, was not generally adaptable to use in any other program without a significant translation process. ... continued...

July 2, 2010State courts working on electronic access system

In May I wrote about changes that were likely coming to Case.Net that could affect what information you can access online regarding court cases. I’m back to report this is just the tip of an iceberg!

In the last few months representatives from OSCA (Office of State Courts Administrator) have been meeting with bar groups to talk about changes coming soon in how lawyers file pleadings.

OSCA is going to begin converting the court file system and the documents filed by lawyers from paper to electronic files.

This change is expected to start in early 2011. All of you who have worked with the federal court PACER system know how wonderful it is to be able to access court pleadings without having to travel to a federal courthouse. Eventually — but not immediately — you’ll have that convenience for state court filings.

I went to a meeting about the system a few weeks ago and can tell you that it apparently will roll out in St. Charles County. St. Charles is the site of the first Capitol of our state. A judge there is on the planning commission.

It looks like there’s going to be a push to make Jackson County (Kansas City) a second-tier site, which means I’ll be able to report on how effective the system is at some point in the near ... continued...

June 9, 2010Audit shows frequent Sunshine Law violations

Hot off the presses of the Missouri State Auditor’s office is a report regarding sunshine violations among public bodies between January 2008 and December 2009, which details numerous violations by bodies of both open and closed meeting requirements and shortcomings in access to public records. It comes as no surprise to us that the auditor concludes that improvements are needed in all areas – both meetings and records – involving public bodies.
In the summary of her findings, State Auditor Susan Montee cited numerous examples of sunshine law violations in 59 audits of public bodies ranging from the Governor to St. Louis proper to the Village of Iatan and the Sugar Creek Special Road District. (Not every audit resulted in a finding of a sunshine law violation, which should bring joy to all sunshine law supporters across the state.)
Montee listed numerous conclusions of violations, and in each case cited the public body or bodies that had violated the law. The largest number of violations was for meeting minutes not including sufficient detail of matters discussed and votes taken, for which she found 32 entities with violations. Her conclusion was that minutes should always “include the information necessary to provide a complete record of all significant matters discussed and actions ... continued...

May 3, 2010Case.net files should offer all information

Proposal would remove some details

While I make my living creating court documents, I realize that many of you make your living reading and writing about those court documents. Having been a reporter before I became a lawyer, and having covered federal courts as a beat at one time, I am well aware of how important access to court documents is to a reporter.
Back in “those days,” access meant walking down the street to the federal courthouse. Today, for many of you, access to court information is available on your computer via the Internet. Stories can be written in a much more timely fashion, and in greater volume, as a result of the miracle of online access.
On the state level, the Missouri Supreme Court likely soon will be presented a recommendation from the Office of State Courts Administrator (OSCA) regarding possible changes in what information is available on Case.net, the online repository of state court case information. The members of the committee working with OSCA on these recommendations have issued some proposals to restrict some of the information that previously has been available on Case.net, seeking to solve some concerns committee members have about identity theft.
The Missouri Press Association has been monitoring that closely, aware of how ... continued...

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