What's Happening?
The Dane County Clerk of Circuit Court's office has begun enforcing a policy that prohibits members of the public, including journalists, from using personal devices like cell phones to scan or photograph court records. This policy was brought to light
when a Wisconsin State Journal reporter, Chris Rickert, was informed he could not use his cell phone to scan documents, a practice he and other reporters had routinely engaged in to avoid per-page copying fees. Jeff Okazaki, the current clerk of courts, stated that while the public can inspect documents for free, copies must be made by staff for a statutory fee of $1.25 per page. Okazaki cited a 2014 opinion from then-state Attorney General J.B. Van Hollen, which indicated that clerks could choose whether to allow individuals to make copies with personal devices. Most county clerk's offices, including Dane's, subsequently disallowed this practice. However, Carlo Esqueda, who previously headed the office, stated that prohibiting photos was not his policy, suggesting the 'No Cell Phones!' sign was intended to prevent phone conversations, not scanning.
Why It's Important?
This policy has significant implications for public access to court records and government transparency. By requiring staff to make copies and charging a fee, the clerk's office creates a financial barrier for individuals and media outlets seeking to access public information. This can disproportionately affect smaller organizations or individuals with limited resources, potentially hindering journalistic investigations and public oversight of the judicial system. The practice also increases the workload for office staff, as individuals may resort to manually transcribing records if self-copying is prohibited, leading to longer wait times for terminals. The debate highlights a tension between administrative control and the public's right to easily and affordably access government documents, which are crucial for accountability and informed civic engagement.
What's Next?
The current policy is likely to remain in effect under Jeff Okazaki, who is running unopposed for a four-year term. This suggests that individuals wishing to obtain copies of court records in Dane County will continue to face the $1.25 per-page fee or the alternative of manual transcription. It remains to be seen if there will be any organized pushback from media organizations or public advocacy groups regarding this restriction, potentially leading to further discussions or legal challenges concerning the interpretation of public records laws and the discretion of county clerks. The situation could also prompt other counties to review or clarify their own policies regarding the use of personal devices for copying public records, potentially leading to a broader discussion on best practices for ensuring accessible and affordable public information.
Beyond the Headlines
The issue extends beyond mere convenience or cost; it touches upon the fundamental principles of open government and the role of public records in a democratic society. Court records are vital for understanding legal processes, ensuring judicial transparency, and holding the justice system accountable. Restricting easy access, even through seemingly minor fees or procedural hurdles, can create an environment where public scrutiny is diminished. The differing interpretations of the 'No Cell Phones!' sign and the 2014 Attorney General's opinion highlight ambiguities in how public access laws are applied at the local level. This situation underscores the ongoing need for clear, consistent, and access-friendly policies for public records, ensuring that the spirit of transparency is upheld rather than merely the letter of the law, especially in an era where technology offers efficient and cost-effective ways to disseminate information.
