January 16, 2015 at 5:17 p.m.
No free court records, clerks say
No free court records, clerks say
Brenda Behrle, Oneida County's clerk of court, and Jean Numrich, Vilas County's clerk of court, say despite the attorney general's opinion, they will not allow the public to photograph court records at no charge. Instead, Behrle and Numrich will continue to offer court records only on paper and only for a fee.
In December, former Attorney General J.B. Van Hollen issued a legal opinion concluding that clerks of court have discretion over how court files can be copied. Van Hollen concluded that clerks can allow members of the public to use personal technology, such as a cellphone camera or portable scanner, to copy court documents. However, Van Hollen also concluded that state law does not authorize the collection of fees when a requester makes copies with a personal device and receives no aid from staff.
"While the custodian of court records may not charge an individual for using a cell phone camera to capture a copy of a court document, the custodian of court records may choose the method of copying and need not allow individuals to make their own copies," Van Hollen wrote.'
Before Van Hollen issued the opinion, some clerks of court believed state law required them to charge $1.25 per page no matter how the copy was made. But Van Hollen opined that fee truly applies only when copies are made by or with the assistance of the clerk -- not when the requester makes copies independently.
Van Hollen's opinion also addressed records held by county registers in probate.
Despite Van Hollen's decision, Behrle will continue to charge $1.25 per page and will not allow anyone to use a cellphone camera or portable scanner.
In an interview, Behrle said she does not want to risk damaging court documents and files.
"For the most part, it's to maintain the integrity of the file," Behrle said in explaining her decision.
Asked how taking a photo of a court record could cause damage, Behrle said she did not know whether damage would result. She further expressed concern about how photos of court documents might be used.
In support of her position, Behrle said the state in the coming years will require litigants to file court documents electronically, thereby eliminating paper records. When that happens, anyone would be able to view courts records on a computer in the clerk's office, and would have to pay the $1.25 fee per page of any printouts, according to Behrle.
She said her decision is not about money and has nothing to do with her department's budget.
"I am not looking at it as a revenue-generating policy," Behrle said. "It's the way we have handled it in the past."
She added: "They're my records. They're my responsibility."
Numrich, the court clerk in Vilas County, said she chose not to allow copying of records with personal technology in an attempt to be fair to those who don't have such devices. She noted that while her office charges $1.25 per page when a staff member makes copies, the fee is just $0.25 per page when citizens make their own copies but are being monitored by staff.
Vilas County Circuit Judge Neal Nielsen, chief judge of the state's Ninth Judicial District, which includes Oneida and Vilas counties, said he expects the issue of circuit court record fees to come up at a chief judges' meeting in Madison on Tuesday.
"I do expect this to be a topic of discussion," Nielsen said.
Jonathan Anderson may be reached at [email protected]
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