Courthouse News Service v. Michael Planet

Filing 58

First AMENDED COMPLAINT against Michael Planet, in his capacity as Court executive Officer/Clerk of the Ventura County Superior Court Michael Planet amending Complaint - (Discovery), #1 , filed by plaintiff Courthouse News Service (Matteo-Boehm, Rachel)

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Rachel E. Matteo-Boehm (SBN 195492)
rachel.matteo-boehm~b~ancave.com
Leila C. Knox (SBN Ll5 99)
leila.knox~~ancave.com
BRYAN
A
LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
Telephone: ~415~ 675-3400
Facsimile:
415 675-3434
Jonathan G. Fetterly (SBN 228612)
~n. fetter~~biIancave.com
RYAN
V LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Telephone: ~310~ 576-2100
Facsimile:
310 576-2200
Attorn?Js for Plaintiff
COUR HOUSE NEWS SERVICE

12

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

13
14
15

Courthouse

News Service,

16

Plaintiff,

17
18
19

Case No. CVll-08083

vs.

R (MANx)

AMENDED COMPLAINT FOR
INJUNCTIVE AND
DECLARATORY RELIEF

Michael Planet, in his official capacity as
Court Executive Officer/Clerk of the
Ventura County Superior Court,

20

Defendant.

21
22

Plaintiff Courthouse News Service ("Courthouse

attorneys, hereby alleges the following facts in support of its Amended

23

undersigned

24

Complaint for Injunctive and Declaratory

Relief:

JURISDICTION AND VENUE

25
26

News"), by and though its

1.

Courthouse News' claims arise under the First and Fourteenth

27

Amendments

to the United States Constitution

28

U.S.C. § 1983 et seq. This Court has subject matter jurisdiction
197400.1
I
AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

and the Civil Rights Act, Title 42
under 28 U.S.C. §§

CASE No. CVII-08083

R (MANx)

1 1331 (federal question), 1343 (civil rights), and 2201 (declaratory relief). Defendant
2 is subject to personal jurisdiction in this judicial district at the time this action is
3 commenced.
4

2.

Venue is proper in this judicial district under 28 U.S.C. § 1391(b)

5 because, on information and belief, Defendant resides in California, and in this
6 district, and because a substantial part of the events or omissions giving rise to
7 Courthouse News' claims occurred in this district.
8

PRELIMINARY STATEMENT

9

3.

Plaintiff Courthouse News Service brings this action seeking injunctive

10 and declaratory relief against Defendant Michael Planet, in his official capacity as
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11 Court Executive Officer/Clerk of the Superior Court of the State of California,
12 County of Ventura ("Ventura Superior"), to restrain the deprivation under color of

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13 state law of Courthouse News' rights, privileges and immunities under 42 U.S.C. §
14 1983 et seq. and the United States Constitution.
15

4.

Courthouse News, a widely-read legal news wire service with

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16 thousands of subscribers across the nation, seeks timely access to new civil
17 unlimited jurisdiction complaints filed with Ventura Superior.

In recognition of the

18 crucial role played by the media to inform interested persons about new court cases,
19 it has been a longstanding tradition for both state and federal courts to provide
20 reporters who visit the court every day with access to new complaints at the end of
21 the day on which they are filed. This same-day access ensures that interested
22 members of the public learn about new civil litigation while the initiation of that
23

litigation is still newsworthy.

24

5.

In contrast, at Ventura Superior, same-day access is a rarity and delays

25

in access are rampant. During a four-week period between August 8 and September

26

2, 2011, Courthouse News was given same-day access to only small minority of

27 new civil unlimited complaints, with the vast majority of complaints delayed for
28

days or even weeks.
2

197400.1

AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1

6.

By denying Courthouse News timely access to newly-filed civil

2 unlimited jurisdiction complaints, these records are as good as sealed for an
3 appreciable amount of time after filing, in violation of the rights secured to
4 Courthouse News by the First and Fourteenth Amendments to the U.S. Constitution.
5 Having failed in its efforts to work cooperatively with Defendant to reach an
6 amicable resolution to these delays, Courthouse News thus brings this action
7 challenging the legality of Defendant's actions and seeking injunctive and
8 declaratory relief.
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PARTIES
7.

Courthouse News Service is a California corporation with its principal

11 place of business located in Pasadena, California. Courthouse News is similar to

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12 other news wire services, such as the Associated Press, except that Courthouse

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13 News specializes in news reporting about civil lawsuits, from the date of filing

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14 through the appellate level. Courthouse News' comprehensive and timely coverage

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15 of civil litigation through its print, web site, and e-mailed publications has made it a

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16 go-to source of information about the nation's civil courts. Courthouse News has
17 approximately 3,000 institutional and individual subscribers across the nation, and
18 many more readers of its freely available web site, www.courthousenews.com.
19

8.

Defendant Michael Planet is the Court Executive Officer/Clerk of the

20

Superior Court of the State of California, County of Ventura ("Ventura Superior"),

21

and is sued in that official capacity. The Court Executive Officer/Clerk is

22 responsible for, among other things, the administration of court records. Acting in
23 his official capacity, Defendant, as well as those acting under his direction and
24

supervision, is directly involved with and/or responsible for the delays in access to

25 newly- filed complaints experienced by Courthouse News, which acts reflect the
26

official policy of the clerk's office as a whole. Defendant's actions, as alleged in

27 this Complaint, are under the color of California law and constitute state action
28 within the meaning of the Fourteenth Amendment to the United States Constitution
197400.1
3
AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1 and 42 U.S.C. § 1983. On information and belief, Defendant resides in Ventura
2 County, California and his primary place of employment is located in Ventura
3 County, California.
9.

4

Defendant is sued in his official capacity only. Courthouse News seeks

5 relief against Defendant as well as his agents, assistants, successors, employees, and
6 all persons acting in concert or cooperation with him or at his direction or under his
7 control.
FACTUAL ALLEGATIONS

8

9 A.
10

A Tradition
10.

Of Same-Day Access To New Civil Complaints

In recognition of the crucial role played by the media to inform

11 interested persons about new court cases, it has been a longstanding tradition for

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12 courts to provide reporters who visit the court every day with access to that day's

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13 new civil complaints at the end of the day on which they are filed. This same-day

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14 access ensures that interested members of the public learn about new cases while
15 they are still newsworthy. Courts have traditionally and still do provide this same16 day access, in many instances before the complaints have been fully processed.
17

11.

For example, at the Los Angeles Division of the United States District

18 Court for the Central District of California, a room is set up directly off the
19 docketing department with a set of pass-through boxes. At the end of each day, a
20

staffer places all of the civil complaints filed that day in the pass-through boxes so

21 the media can review them. These complaints are made available for review before
22 they have been processed. Reporters that cover the courthouse on a daily basis have
23

a key to the room where they review the complaints and then put them back in the

24

pass-through boxes. At the San Francisco Division of the U.S. District Court for the

25 Northern District of California, reporters go behind the counter and review new
26

complaints filed that same day, before they have been fully processed or posted on

27 PACER. They are also permitted access to the "transfer boxes" of new actions
28

being sent to different divisions of the court, and are provided with a copy of the
197400_1
4
AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1 intake log. Same-day access to new civil complaints is also provided at the
2

Southern and Eastern Districts of California.
12.

3
4

Similarly, at many of the state superior courts in California, reporters

are provided with same-day access to new civil complaints, a practice that is

5 consistent with other major state trial courts across the country. For example, at the
6

San Francisco, Los Angeles, and Santa Clara County superior courts, new filings are

7

available to news reporters after initial intake tasks, but well before full processing.

8 The Superior Courts in Alameda, Contra Costa, and Riverside counties also provide
9

same day access to the press, and while it is Courthouse News' understanding that

10 such access is provided after a certain amount of additional processing has been
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11 completed, access is nevertheless provided on a same-day basis.

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Courthouse News' experience at the Eighth Judicial District Court in

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13 Las Vegas, Nevada, demonstrates that same-day access to new complaints can be
14 provided in both the traditional paper and e-filing environments. Prior to that
15 court's transition to mandatory e-filing in February 2010, court officials provided
16 Courthouse News' reporter with paper-filed complaints filed earlier that day,
17 regardless of whether they had been fully processed. Following the switch to
18 mandatory e-filing, which included e-filing of complaints, the court began requiring
19 news reporters to review new complaints at a computer terminal in the clerk's
20

office, but this system resulted in complaints not being available for viewing until

21

the day after they were filed. The reason for these delays was that new complaints

22

did not appear on the computer terminals until after they had been "accepted" by the

23

clerk's office, and only after the terminals had been updated to reflect the new

24

filings. After Courthouse News brought these delays to the attention of the court,

25

the court adopted a new system: an electronic in-box (or, more precisely, a feature

26

called "Daily Documents") through which reporters essentially see exactly what

27

staffers in the clerk's office see as new complaints flow in throughout the day.

28

Complaints can be viewed on a computer terminal as soon as they cross the
5

197400.1

AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1 electronic equivalent of the intake counter at the clerk's office, even if court staff
2 has not yet had a chance to review the complaint, process it, and/or manually upload
3 it for electronic viewing. Thus, in both the traditional paper and new e-filing
4

environments, the Eighth Judicial District Court has provided Courthouse News'

5 reporter with same-day access to new civil complaints whether or not those
6 complaints have been fully processed.
7

14.

Through its experience covering civil litigation during the past twenty-

8 one years, Courthouse News has developed extensive personal knowledge of the
9 procedures that courts throughout the country currently use, and have used in the
10 past, to provide press access to new civil complaints. Attached as Exhibit 1 is a true
11 and correct copy of a summary of media access procedures used in state and federal

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12 courts across the nation, which was prepared by Courthouse News Service (the

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13 "Access Summary"). As demonstrated in the Access Summary, to make sure that

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14 new complaints are accounted for, clerk's offices often couple same-day access

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15 procedures with security procedures such as requiring reporters to provide collateral

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16 such as a driver's license, instituting a check-out procedure, or setting aside a secure
17 area for the media to review the newly filed complaints.
18

B.

19

News Reporting Activities of Courthouse News
15.

Courthouse News' core news publications are its new litigation reports,

20

which are e-mailed to its subscribers and contain staff-written summaries of all

21

significant new civil complaints filed in a particular court. Decisions as to which

22

new civil complaints will receive coverage are made by the reporters after reviewing

23

all of the new filings. Although not all complaints are significant enough to merit

24

coverage, these reports provide coverage of many more civil actions than is

25

typically found in a daily newspaper. For larger courts, reports are e-mailed to

26

subscribers each evening and provide coverage of new complaints filed earlier that

27

same day.

28

16.
197400.1

In all, Courthouse News publishes sixteen new litigation reports for its
6

AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVll-08083

R (MANx)

1 California subscribers, which include daily coverage of new litigation filed in all
2 four federal district courts as well as the California Superior Courts for the counties
3 of Alameda, Contra Costa, Fresno, Kern, Los Angeles (downtown and Santa
4 Monica courthouses), Orange, Riverside, Sacramento, San Bernardino, San Diego,
5 San Francisco, San Joaquin, San Mateo, Santa Barbara, Santa Clara, Solano,
6 Sonoma, Stanislaus, and Ventura. Courthouse News covers Ventura Superior as
7 part of its Central Coast Report.

In addition, Courthouse News offers its

8 subscribers alerts about new civil filings, which are delivered bye-mail.

For

9 example, a subscriber can sign up to receive an alert anytime a particular company
10 is sued.
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Nationwide, there are nearly 3,000 subscribers to Courthouse News'

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18.

To produce this level of coverage, Courthouse News employs a

18 nationwide network of more than one hundred reporters who are assigned to cover
19 one or more individual courts. At most of the larger courts, Courthouse News'
20 reporters visit their assigned court near the end of each court day. The reporter
21 reviews civil complaints filed earlier that day and prepares an original summary of
22

each complaint or other case-initiating document that is of likely interest to

23

Courthouse News' subscribers for inclusion in the report. In California, Courthouse

24 News only reviews "unlimited jurisdiction" civil complaints - that is, complaints
25 where the amount in controversy usually exceeds $25,000. Given the nature of this
26 publication, any delay in the reporter's ability to review a newly filed complaint
27 necessarily creates a delay in Courthouse News' ability to inform interested persons
28

of the factual and legal allegations in those complaints, and is especially problematic
197400,1
7
AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1 when there is an intervening weekend and/or holiday, in which case a delay of even
2 one court day results in actual delays of three or even four calendar days.
3

19.

In addition to its new litigation reports and alerts, Courthouse News

4 publishes a web site, www.courthousenews.com.

which features news reports and

5 commentary about civil cases and appeals, and is updated throughout the day.
6 Readership of the web site has grown steadily. Just two years ago, in mid-2009, the
7 web site was receiving an average of 300,000 unique visitors each month. Since
8 then, readership has spiked almost threefold. In July 2011, the site had 938,000
9 unique visitors; in August 2011, it had 800,000 unique visitors; and as of the date of
10 this filing, the site had 1.14 million unique visitors for September 2011. Reports
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are frequently picked up by other news outlets and

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13 audience.
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Rounding out its coverage of civil litigation, Courthouse News also

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15 offers four print publications. These include the Four District Almanac (which

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16 includes reports on all four of California's federal district courts), the Entertainment
17 Law Digest; the Environmental Law Report, and the Securities Law Report.
18 C.

Delays In Access At The Ventura County Superior Court

19

21.

Courthouse News began covering new civil case filings at Ventura

20

Superior on a regular basis in 2001. As is the case with other California superior

21

courts it covers, Courthouse News currently visits Ventura Superior toward the end

22

of each court day and only reviews unlimited jurisdiction complaints. In

23

Courthouse News' estimation, an average of 15 new unlimited jurisdiction civil

24

complaints are filed each day. Since 2001, Courthouse News' Ventura Superior

25 reporter has been Julianna Krolak.
26

22.

Initially, Ms. Krolak visited Ventura Superior only once and later twice

27

each week. During this time, and continuing through the present, the clerk's office

28

has maintained a "media bin" which contained the new civil complaints that clerk's
197400.1
8
AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1 office staff anticipated would be of likely press interest. Other filings had to be
2

specifically requested from the clerk's office staff. Initially, and up until a few years

3 ago, Courthouse News' reporter did this by requesting a range of sequentially
4 numbered case files. Through these procedures, Ms. Krolak was able to see the large
5 majority of the new civil unlimited complaints filed since her prior visit.
6

23.

Beginning in early 2008, however, the clerk's office made a series of

7 small and large changes that made Courthouse News' review of new civil
8 complaints less timely and more difficult. Most notably, March 2009, the clerk's
9 office instituted a new rule that limited Ms. Krolak to viewing only twenty-five
10 complaints per day, which meant that Courthouse News could no longer request to
11 see a sequential range of cases but was instead compelled to request individual

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12 complaints based on docket information. Not only was this more cumbersome for

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15 the complaints were not available for review, they still counted toward her per-day

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16 limit. The result was delayed and incomplete access to new civil complaints.
17

24.

As is its normal practice, Courthouse News brought these problems to

18 the attention of Defendant and his staff in an attempt to work them out
19 cooperatively. Through correspondence, discussions, and an in-person meeting, an
20

arrangement was worked out in June 2009 by which newly filed complaints were to

21

be made available to Courthouse News' reporter after some processing but before

22

the complaints had been fully processed, the result of which was that access became

23

much more timely. Unfortunately, staffers in the clerk's office soon began waiting

24

until new complaints had been fully processed before providing them to the press,

25

the result of which was delays in access.

26

25.

In an effort to improve the quality of the Central Coast Report through

27

more timely reporting on new civil unlimited jurisdiction complaints, in November

28

2010, Courthouse News began covering Ventura Superior a daily basis. Prompted
9

197400.1

AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1 by its change to daily coverage and the access problems it continued to experience,
2

Courthouse News once again initiated discussions with the clerk's office about the

3 possibility of adjusting its procedures so that Ms. Krolak could have same-day
4

access to newly filed unlimited jurisdiction civil complaints, as news reporters do in

5 other courts they visit on a daily basis.
6

26.

Unfortunately, these discussions did not lead to any improvements in

7 access, and the delays got even worse. Accordingly, on June 20,2011, Courthouse
8 News' counsel wrote to Defendant to request that Courthouse News' reporter be
9 given timely access to new unlimited civil filings and suggesting possible ways in
10 which this could be accomplished. A true and correct copy of that letter is attached
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27.

By letter dated July 11,2011, Defendant replied that his office "cannot

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13 make any new filings available until the requisite processing is completed."
14 Defendant further stated that "While I appreciate the Courthouse News Services'
15 interest in same-day access, the Court cannot prioritize that access above other
16 priorities and mandates." A true and correct copy of Defendant's July 11,2011,
17 letter is attached as Exhibit 3.
18

28.

Courthouse News' counsel responded by letter dated August 2, 2011,

19 disputing Defendant's assertion that access could not be provided until after
20

"processing" and again providing examples of how other courts were able to provide

21

same-day access. A true and correct copy of that letter is attached as Exhibit 4.

22

Courthouse News has received no response to that letter.

23

29.

From August 8, 2011, through September 2,2011, Ms. Krolak tracked

24

the availability of newly filed complaints at the Ventura courthouse. During that

25

period, she reviewed 152 new unlimited civil complaints, on average fewer than 8

26

complaints per court day. Yet even with that relatively small number of complaints

27

being reviewed, the delays were significant. The following charts reflect the delays

28

between the date of filing and the date that Courthouse News' reporter was first
197400.1
10
AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1 allowed to see the complaint:
2
3 COMPLAINTS REVIEWED
Delays Reported in Calendar Days
4 Case availability
Nurnber of cases
9
5 Same-day
21
Next-day
6
94
2-6 days
23
7 7-14 days
15-34 days
5
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COMPLAINTS REVIEWED
Delays Reported in Court Days
Nurnber of cases
Case availability
Same-day
9
28
Next-day
2-6 days
100
7-14 days
12
15-24 days
3

Percentage
6%
140/0
62%
15%
3%

Percentage
6%
180/0
66%
8%
2%

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16 COMPLAINTS REPORTED
Delays Reported in Calendar Days
17 Case availability
Number of cases
4
18 Same-day
Next-day
14
19
2-6 days
60
17
20 7-14 days
15-34 days
5
21

Percentage
4%
140/0
60%
17%
5%

22

COMPLAINTS REPORTED
23 Delays Reported in Court Days
Case availability
Number of cases
24
Same-day
4
25 Next-day
18
66
2-6 days
26
7-14 days
9
27
15-24 days
3

Percentage
4%
180/0
660/0
9%
3%

28
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197400.1

AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1

30.

As reflected in the above charts, 94 percent of new complaints were not

2 available on the day they were filed, with delays stretching up to 34 calendar days.
3

COUNT ONE
Violation of U.S. Const. Amend. I and 42 U.S.C. 1983

4

5

3l.

Courthouse News incorporates the allegations of Paragraphs 1-30

32.

Defendant's actions under color of state law, including without

6 herein.
7

8 limitation his policies that have led to delays in access to new civil unlimited
9 complaints and his denial of timely, same-day access to new civil unlimited
10 complaints, deprive Courthouse News, and by extension its subscribers, of their
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right of access to public court records secured by the First Amendment to the U.S.

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The First Amendment requires that for anything more than a de minimis

denial of access to a court record, that there be an adversarial adjudicative process

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15 that considers the propriety of the effective sealing of the record on a case-by-case
16 basis. Neither Defendant nor anyone at the clerk's office has the authority or ability
17 to conduct that process. Such authority lies only in ajudge of the court.
18 Defendant's exercise of unguided discretion to effectively seal a court record
19 without providing any of the procedural or substantive protections required by the
20 First Amendment denies Courthouse News and the public of their constitutional
21 rights of access to new civil complaints.
22

34.

Moreover, except as deemed permissible following the appropriate

23

case-by-case adjudication, there is no compelling or overriding interest sufficient to

24

overcome Courthouse News' presumptive right of access to new complaints under

25 the First Amendment. And even if an overriding or compelling interest did exist,
26 there are far less restrictive means of achieving any such interest, and Defendant's
27 policies are not narrowly tailored to serve that interest.
28
197400.1

AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY RELIEF

12
CASE No. CVll-08083

R (MANx)

1
2

35.

Courthouse News has no adequate and speedy remedy at law to prevent

or redress Defendant's unconstitutional actions, and will suffer irreparable harm as a

3 result of Defendant's violation of its First Amendment rights. Courthouse News is
4 therefore entitled to declaratory and both preliminary and permanent injunctive
5 relief to prevent further deprivation of the First Amendment rights guaranteed to it
6

and its subscribers.

7

PRAYER FOR RELIEF

8

WHEREFORE, Plaintiff Courthouse News Service prays for judgment

9

against Defendant Michael Planet, in his official capacity is the Court Executive

10 Officer/Clerk of the Superior Court of the State of California, County of Ventura
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11 ("Ventura Superior"), as follows:
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For preliminary and permanent injunctions against Defendant,

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13 including his agents, assistants, successors, employees, and all persons acting in
14 concert or cooperation with him, or at his direction or under his control, prohibiting
15 him preliminarily, during the pendency of this action, and permanently thereafter,

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16 from continuing his policies resulting in delayed access to new unlimited
17 jurisdiction civil complaints and denying Courthouse News timely access to new
18 civil unlimited jurisdiction complaints on the same day they are filed, except as
19 deemed permissible following the appropriate case-by-case adjudication.
20

2.

For a declaratory judgment pursuant to 28 U.S.C. § 2201 declaring

21

Defendant's policies that knowingly affect delays in access and a denial of timely,

22

same-day access to new civil unlimited complaints as unconstitutional under the

23

First and Fourteenth Amendments to the United States Constitution, for the reason

24

that that it constitutes an effective denial of access to court records.

25
26

3.

For an award of costs and reasonable attorneys' fees pursuant to 42

U.S.C. § 1988; and

27
28
13

197400.1

AMENDED COMPLAINT FOR
INJUNCTIVE AND DECLARATORY

RELIEF

CASE No. CVII-08083

R (MANx)

1

4.

For all other relief the Court deems just and proper.

2 Dated: June 3,2014
3
4
5

BRYAN CAVE LLP
Rachel E. Matteo-Boehm
Jonathan G. Fetterly
Leila C. Knox
By:

6
7

/s/ Rachel E. Matteo-Boehm
Rachel E. Matteo-Boehm
AttoffitJs for Plaintiff
COUR HOUSE NEWS SERVICE

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197400.1

AMENDED COMPLAINT FOR
INJUNCTIVE AND DEC LARA TORY RELIEF

14
CASE No. CVII-08083

R (MANx)

.

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EXHIBIT 1
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Media Access to Courts Around the Nation
Prepared By Courthouse News Service
September 2011
Courts around the country have developed a variety of procedures to provide the
media with access to new civil case initiating documents (complaints or petitions,
depending on the jurisdiction) on the same day they are filed, regardless of
whether processing has been completed (or in federal courts that have adopted efiling, the so-called "quality assurance" process is completed), and regardless of
whether the complaint or petition has been made available for electronic viewing.
Courthouse News Service has prepared the following summary of some of these
same-day access procedures adopted in courts throughout the nation.

Albuquerque
At the Second District Court of New Mexico (Bernalillo County), both paper and
electronically filed civil complaints are made available to the media in a "review
pile" on the day of filing, before they have been fully processed or made available
to the public. Courthouse News' reporter has been granted behind-the-counter
access to the "review pile" and provided with a small work space, where he can
review virtually all new cases on a same-day basis and scan any newsworthy
complaint using a portable scanner. Any complaint that does not make it to the
review pile enters a -three- to four-day docketing process, during which
Courthouse News Service's reporter can typically track down any case that needs
to be seen.

Atlanta
.!~

At the Fulton County Superior Court in; Atlanta, Georgia, new complaints are
scanned immediately upon filing and made available at computer terminals at the
courthouse, most within minutes of filing. In addition, complete docket
information for civil cases is available from a publicly accessible website on the
day the complaint is filed.
At the United States District Court for the Northern District of Georgia, where e~
filing is voluntary, reporters review new civil actions on the same day they are
filed. New complaints that are filed in paper form are scanned into a
computerized press box before they go to docketing and are accessible on a
computer terminal in the clerk's office. E- filed complaints are made available to
Media Access to Courts Around the Nation
1/73509 v J eef

Page 1

Exhibit 1
Page 15

CNS's reporter, prior to any processing, via PACER by using a shell case number
code to access an online press queue of new same-day filings.
Austin
At the Travis County District Courthouse in Austin, where e-filing is mandatory
for civil cases, Courthouse News I reporter gets a list of all of the new civil
petitions filed earlier that same day upon arriving at the courthouse. She then
views newly filed petitions using a public access terminal at the courthouse.
Before leaving the court, Courthouse News' reporter gets an updated copy of the.
list of newly filed petitions to see whether there are any that have been filed since
her first review, which she also views using the court's public access terminal.
Beaumont
At the Jefferson County District .~ourtjl)i Beaumont, Texas, reporters are allowed
behind the counter to access paper copies of petitions filed that day, before the
cases are put through the docketing process. Reporters can make copies of
newsworthy cases.
At the Beaumont Division of the United States District Court for the Eastern
District of Texas, reporters have same-day access to the vast majority of newly
filed actions regardless of whether docketing has been completed. Reporters
review scanned copies of new complaints via PACER, and if a new case is not yet
scanned and available on the court's computer system, reporters can request and
are given a paper copy of the new action based on a listing of new filings in a red
log book made available to the press.
Brooklyn
At the Kings County Supreme Court, newly filed cases are typically scanned into
electronic form immediately after they are filed, and the paper copies are then
placed in a designated media box for same day review. However, in the event
that a new complaint is not scanned immediately, the court will provide
Courthouse News' reporter with access to the unscanned document. Courthouse
News' reporter has been provided with a media pass that allows her to remove the
new filings from the media box and review them in a different area behind the
counter in the clerk's office on the same day the complaints are filed. Courthouse
News' reporter is free to make her own copies for a small fee.

Media Access to Courts Around the Nation
"73509 yl.iIf

Puge2

Exhibit 1
Page 16

At the United States District Court for the Eastern District of New York,parties
file "press copies" of new,~<?~l?k~ints,
:wpichare placed into a press box that is
made available to reporters throughout the day, thereby allowing them same-day
access to the vast majority of new filings, even if the new filings have not been
fully processed or posted to PACER. .
Chicago
At the Cook County Circuit Court in Chicago, Courthouse News' reporter, or any
other member of the media who is first to arrive at the courthouse, begins each
visit by going behind the counter to pick up the day's new complaints, and then
brings them to a press room located in the same building. The reporter sees the
vast majority of new complaints on the same day they are filed, regardless of
whether the complaints have been fully processed. Reporters can stay as late as
they like to review the new complaints.
At the United States District Court for the Northern District of Illinois, where
electronic filing of initiating documents is mandatory, newly filed complaints are
made available immediately upon filing through PACER, as well as the court's
own independent website.
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Cincinnati
At the Hamilton County Court of Common Pleas in Cincinnati, Ohio, new
complaints are placed in the intake area for review by the media on the same day
the complaints are filed. Complaints are made available after they have been
date-stamped, but before any other processing occurs. Courthouse News'
reporter sees between 30-60 complaints each day, If Courthouse News' reporter
misses a complaint, he may request the file from the paper room staff the next
day. Court employees will make copies'of newsworthy complaints available
upon request for 10 cents per page.
At the United States District Court for the Southern District of Ohio, many of the
newly filed complaints are made available on the day of filing via PACER.
However, for cases not available electronically, the court places a copy of new
cases into a press box at the intake counter, where Courthouse News Service's
reporter may review them untU4:QOp.m.when the court closes to the public.
The reporter may request copiesof new domplaints for 50 cents per page.
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Media Access to Courts Around the Natipn
#73509 vI ssf

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Page 3

Exhibit 1
Page 17

Cleveland
At the Cuyahoga County Court of Common Pleas in Cleveland, Ohio, Courthouse
News' reporter has behind-the-counter access to new filings on the same day they
are filed, regardless of whether they have been fully processed. Complaints are
available as soon as they have been date-stamped. Court officials provide
Courthouse News' reporter with desk space to set up a laptop and scanner, and
allow him to disassemble the-case fileand scan the original filings. Use of the
office copy machines is ,~lso perinitted w.hen necessary.
At the United States District Court for the Northern District of Ohio, new civil
cases can be filed either in person or electronically. Both cases filed
electronically and in person are made available on PACER on the same day they
are filed. However, to view cases that are restricted from access via PACER or
cases that have not yet been posted to PACER1 Courthouse News' reporter visits
the courthouse, where the court staff will print out a copy of any case he requests,
even if docketing has not been completed and regardless of how those complaints
were filed.

Columbus
At the United States District Court for the Southern District of Ohio in Columbus,
the vast majority of new complaints are made available on PACER promptly
upon filing. The court will also provide hard copies of any civil filings not
available on PACER on a same-day basis, but the speed with which cases are
posted to PACER generally makes this'uhnecessary.
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Dallas
At the Dallas County District Court in Dallas, Texas, Courthouse News' reporter
is provided with behind-the-counter access to new petitions as soon as they are
filed and before any docketing has taken place, The court provides the reporter
with a place to work, where staffers in the clerk's office provide him with access
to the new petitions filed in paper form. As for e-filed petitions, Courthouse
News Service's reporter views some on a computer terminal in the clerk's office.
In many instances, however, petitions are not available on the terminal on a sameday basis, and the clerk's office provides him with paper printouts of those
petitions so that he can see them same-day.

Media Access to Courts Around the Nation
n~509 vi saf

Page 4

Exhibit 1 .
Page 18

The United States District Court for the Northern District of Texas has developed
a process that ensures reporters have same-day access to all new complaints,
regardless of how far those complaints have progressed through the intake
process. On his daily afternoon visits to the court, Courthouse News' reporter
goes through a three-step process, described below. Leigh Lyon, Assistant Chief
Deputy of Operations, Dallas Division of the Northern District of Texas, has
informed us that she would be happy to speak with court officials in other
jurisdictions about this system.
• First, Courthouse News' reporter checks a computer terminal in the clerk's
office to view summaries of the day's new complaints that have already
been made available on.P ACER. Courthouse News' reporter then uses his
own internet connectiontoimmediately download documents he needs to
his laptop. computer at the' courthouse.
,
• Second, Courthouse News' reporter checks for complaints that have been
scanned by the clerk's office, but are not yet available on PACER. These
complaints have been assigned a bar code and case number, and are made
available for electronic viewing at a public computer kiosk located in the
clerk's office, where the media can then review the new complaints on the
same day they are filed.
• Finally, for complaints that are so new they have not yet been scanned,
Courthouse News' reporter views the paper versions of those new cases in
their case folder and makes copies of newsworthy complaints.
Detroit
At the Wayne County Circuit Court, complaints are placed in a drawer in the
intake area of the clerk' s of~c'~ immediately after they are filed. Upon arriving at
the clerk's office at approximately 3;00 p.m., Courthouse News' reporter goes
behind the counter and first double-checks the previous day's complaints, which
are located in bundled folders behind the intake drawer, for any missed or lastminute filings from the day before. Then he turns to the intake drawer, where he
is permitted to review the newly filed complaints while standing behind the
counter. Most new complaints are in the drawer, but some are with the intake
clerks, who will share the complaints with the reporter for review. The reporter is
permitted to make his own copies of complaints using a copier located also
behind the counter, as well as an alternate copier on the other side of the cashier
station near the death certificates/marriage license area.
Media Access to Courts Around the Nation
#7J509

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Exhibit 1
Page 19

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Court

At the United States District
ror the Eastern District of Michigan, the court
provides access to newly filed complaints electronically via PACER, both online
and at computertenninals
set up in the clerk's office.

Fort Worth
At the Tarrant County District Court in Fort Worth, most petitions appear on the
court's online system the day they are filed, except those cases that are mailed in
or filed by fax after the court closes at 5 :00 p.rn., which are then made available
the following day. If any petition that was filed during court business hours is not
available online the day it is filed, Courthouse News' reporter arranges for the
petition to be immediately scanned and posted to the online access system. The
end result is that Courthouse News' reporter is able to access almost all petitions
filed during court hours on the same day they are filed.
Houston
....c,

The Harris County Civil District'Courts in Houston provided same-day access for
many years by permitting reporters to' gd:!behind the intake counters and review
newly filed petitions. In '2008, the clerk began requiring reporters to wait until
new petitions had been processed and posted on the clerk's website before they
could be reviewed, which delayed their availability by a day or more - sometimes
several days. After repeated attempts by Courthouse News to negotiate a solution
with the clerk's office failed to lead to a resolution, Courthouse News reluctantly
filed suit under 42 U.S.C. § 1983. In July 2009, the U.S. District Court for the
Southern District of Texas issued a preliminary injunction ordering the clerk to
provide same-day access to civil petitions, and finding that "the 24 to 72 hour
delay in access is effectively a denial of access and is, therefore,
unconstitutional."
Courthouse News Service v. Jackson, et al., 2009 WL
2163609, at *4 (S.D. Tex. July 20,2009). In accordance WIth that injunction
order, the clerk's office began scanning new petitions and posting them to the
clerk's website the same day they are filed. Pursuant to a stipulated permanent
injunction entered by the court in March 2010, the clerk's office became
obligated not only to continue to provide same-day access to new civil filings, but
to pay more than $250,000 to Courthouse News to compensate it for the attorneys
fees it incurred in litigating th'e<qi'se:',Th~ stipulated permanent injunction did not
specify the particular mariner in which same-day access must be provided, and the
clerk's office has chosen to comply-with the order by continuing its practice of
posting new petitions on the clerk's website. Those petitions can be viewed, and
Media Access to Courts Around the Nation
#73509 v I saf

Page 6

Exhibit 1
Page 20

printouts can be made, free of charge by the media and other interested parties on
the day of filing. After that, petitions can still be viewed without charge) but
printouts can be made only if they have not been certified. Once they are
certified - which usually occurs the day after filing - there is a fee to print out
copies of the petitions. Details about this program can be found on the Harris
County District Clerk's website.jrt'.:!
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http://www.hcdistrictclerlccomlEdocs/Pt;lblic/search.aspx
(see button: "Search
Today's Filings").
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At the United States District Court for the Southern District of Texas, where
electronic filing is required for new cases, Courthouse News' reporter can view
electronic versions of complaints that are already docketed and posted to PACER
on the same day they are filed. For any new complaint that has not yet been fully
docketed, the court will usually provide a hard copy regardless of how far along
the complaint is in the docketing process, also on the same day they are filed.
Indianapolis
At the Marion County Circuit and Superior courts in Indianapolis, Indiana,
reporters view the vast majority of new filings on a same-day basis in the clerk's
office. Reporters are given stacks of the new filings, after they have been filed
and date stamped but before they are fully processed or sent to the proper court
division, and are allowed to g9 through. them at tables in the public viewing area
from 4:00 p.m. to 4:30 p.m, Reporters can then make copies themselves on court
copy machines, which are then billed to ~ourthouse News Service monthly.
At the United States District Court for the Southern District of'Indiana, reporters
are provided with access to virtually all complaints filed on a same-day basis,
even if docketing has not been completed. When Courthouse News' reporter
arrives at the end of the day, the court staff gathers all ofthe civil cases filed
throughout the day and allows the reporter to review the complaints. The court
staff will then make copies at a rate of 50 cents per page.
Las Vegas
At the Eighth Judicial District Court in Las Vegas, Nevada, reporters saw the
majority of new civil complaints on a same-day basis until the court switched to
mandatory e-filing in February 2010. Following that switch, the court began
requiring news reporters to review new complaints at a computer terminal in the
clerk's office, but this system resulted in complaints not being available for
1-

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Media Access to Courts Around the Nation
#73509 v I saf

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Page 7

Exhibit 1
Page 21

viewing until the day after they were filed. The reason for these delays was that
new complaints did not appear on the computer terminals until after they had
been "accepted" by the clerk's office, and only after the terminals had been
updated to reflect the new filings, After Courthouse News brought these delays
to the attention of the court, the court adopted a new system: an electronic in-box,
through which complaints can be viewed on a computer terminal as soon as they
cross the electronic version of the intake counter at the clerk's office, even ifthey
have not yet been fully processed. Through this system, which is similar to the
electronic in-box access procedures in place at numerous federal district courts
(many of which are described in this survey), Courthouse News is now seeing
new e-filed complaints on a same-day basis,
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At the United States District Court for the District of Nevada, Courthouse News'
reporter can view electronic versions ofthe majority of new complaints on a
same-day basis on PACER. Complaints that are not made available on the day
they are filed are usually made available on the following day.
Los Angeles

At the Downtown (Stanley Mosk Courthouse) branch of the Superior Court of
California in Los Angeles, court staff upload the full text of newly filed
complaints to the court's computer system after initial intake tasks, which include
scanning and assigning a case number, have been completed. Reporters can then
review the vast majority of new actions that are filed on a particular day at
terminals located at the courthouse that are available to the general public, or on
additional terminals located in a designated press room. Both the filing room including the intake and processing areas - and the area in which the general
public view cases close at 4:30 p.m., butthe press room remains open later and
even the latest filings of the-day are available and can be reviewed by 7:00 p,m.
About 110 new civil, general jurisdiction.cases are filed each day,
)

At the Santa Monica Courthouse ofthe same court, face pages of each day's
newly filed compla:ints are made available for review at 3:30 p.m. on the same
day the complaints are filed, Courthouse News' reporter then requests copies of
those complaints for which she wants to see the full-text versions. The full text of
late-filed complaints is made available at 4:30 p.m, when the filing room court
closes its doors to the public but where the courthouse employees continue to
work until 5:00 p.m. Courthouse News' reporter can then request copies of any
of those late-filed complaints, and they are generally provided right away.

Media Access to Courts Around the Nation
#73509 v) saf

Page 8

Exhibit 1
Page 22

At the United States District Court for the Central District of California, a room is
set up directly off the docketing department with a set of pass-through boxes.
Sometime between 4:30 and 5:00 p.m., a court staffer places a large majority of
the civil complaints filed that day in the pass-through boxes so that the media can
review them. Reporters that cover the courthouse on a daily basis have a key to
the room, which is otherwise locked, and they can stay as long as they want to
look over the complaints and rulings, copy those of interest, and put the
documents back in the pass-through boxes.
Louisville

At the Jefferson County Circuit Court in Louisville, Kentucky, the clerk's staff
makes a copy of the front page of all complaints filed throughout the day and
places the coversheets on a table in the public area of the office. Courthouse
News' 'reporter then reviews the stack of coversheets and requests any complaints
he determines to be newsworthyon.the same day they are filed. The clerk's
office will make copies for him at a rateof25 cents per page.
The United States District Court for the Western District of Kentucky in
Louisville has adopted an e-filing system requiring initiating documents to be
filed electronically. Courthouse News' reporter is able to review newly filed
complaints in exactly the same format as they are received in the clerk's office,
prior to being docketed and before they are available to the public on PACER, by
using a shell case number code to access an electronic press queue of new filings
on PACER, both online and at public computer terminals at the courthouse.
Manhattan

At the New York County Supreme Court, where certain case types are required to
be e-filed, new complaints are made available to reporters on the same day they
are filed, whether they are filed in paper or electronic form. Esfiled case~ are
posted online to a court website by the end of the day they are filed, while new
complaints filed in paper fonii)ue indexed and scanned shortly after being filed,
and made available electrorlically'viaan ihtemal computer system on terminals
set up throughout the courthouse. At 3 :30 p.m., and then at regular intervals until
4:45 p.m., the paper versions of the new complaints are then placed by court
officials in a secure area behind the counter where reporters are free to review
them on a same-day basis.

Media Access to Courts Around the Nation
#73509 vI 500

Page 9

Exhibit 1
Page 23

At the United States District Court for the Southern District of New York,
reporters are permitted to view new civil complaints three times a day - between
9:00 a.m, and 9:45 a.m., between 11:30 a.rn. and 12:15 p.m., and between 3:45
p.m, and 4:30 p.m. - on ,the sameday the-complaints are filed.
Martinez

At the Contra Costa County Superior Court in Martinez, California, the court
closes its doors to the public at 3:00 p.m, each day. However, those still in line at
that time are allowed to remain in the clerk's office to complete their filings, and
the clerk's staff continue their work at the court until at least 5 :00 p.m, Although
Courthouse News had previously experienced delays in access at this court, court
staff recently implemented new access procedures after Courthouse News brought
the issue of delays to the attention of both the court's head clerk and its presiding
judge. Under those procedures, filed civil unlimited jurisdiction complaints are
placed in a media bin at approximately 4:00 p.m, each day, and Courthouse News'
reporter is permitted to remain at the court until 4:45 p.m, to review those
complaints, the result of which is same-day access to the vast majority of newly
filed unlimited jurisdiction complaints .
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Miami
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At the United States District Court for the Southern District of Florida, electronic
filing of new civil complaints is mandatory, and new complaints that are filed
before 5:00 p.m, appear on PACER on the same day they are filed. Cases filed
after 5 :00 p.m. appear on PACER the following day,
Milwaukee

At the Milwaukee County Court in Wisconsin, reporters have access to new
complaints on the day they are filed, even if they have not yet been fully
processed, and are permitted to go behind the counter, Reporters can request
copies of complaints from court personnel for a small fee.
At the United States District Court for the Eastern District of Wisconsin, most
new complaints are e-filed and available electronically through PACER on the
same day they are filed. However, for those cases that are not immediately
posted to PACER, court staffprovides reporters with the original paper versions
of the new complaints, alsoon the same day they are filed. Reporters are then
able to make copies at a copy machine for a nominal fee.
Media Access to Courts Around the Nation
1173509

v I saf

Page 10

Exhibit 1
Page 24

Minneapolis/St. Paul
At both the Hennepin County District Court in Minneapolis and the Ramsey
County District Court in st. Paul, where many of the new complaints are filed by
mail, Courthouse News' reporter is permitted to go behind the counter to review.
the stack of original complaints on the same day they are filed and before they are
docketed. Because the reporter visits Ramsey County only three times per week,
she is unable to review all cases on thesame day they are filed, but is able to
search for and view the cases she-has riii:€;sed n a computer terminal at the
o
courthouse the next time 'she visits the court. The reporter is able to make her
own copies in Hennepin County, where Courthouse News has established a copy
account. In Ramsey County, for cases the reporter reviews on the day of filing,
the court staff will make copies of any complaint the reporter requests. For cases
she reviews after the day of filing, the reporter is able to print a copy directly
from the computer terminal.
At the United States District Court for District of Minnesota, reporters begin their
visit by using a computer terminal at the courthouse to view an intake log of new
cases. From there, reporters review complaints available on PACER using a
public computer terminal in the clerk's office. If a complaint shown on the intake
log of new cases is not yet available on PACER, the court will print out a copy
for the reporter. The clerk charges 10 cents per page for any copies that reporters
request.
Nashville
At the Davidson County Chancery Co~it:in Nashville, Courthouse News' reporter
reviews an intake log of the day's new filings on a public computer terminal at '
the courthouse. She then compiles a list of the relevant cases and presents the list
to the court staff, who retrieve the requested cases and allow her to review the
complaints regardless of whether the docketing process has been completed.
At the Davidson County Circuit Court, most new complaints are scanned
throughout the day and are made available through a government website on the
same day they are filed.
At the United States District Court for the Middle District of Tenhessee, the
clerk's staff are required to stay one hour after closing in order to scan all new
filings and post them onto PACER on the day they are filed.

Media Access to Courts Around the Nation

Page II

#73509 v I saf

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Exhibit 1
Page 25

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Oakland

Although the Alameda County Superior Court in Oakland, California, endeavors
to make newly filed complaints available for viewing on its website on a sameday basis, it has implemented procedures to ensure that news reporters who visit
the Rene C. Davidson courthouse can obtain same-day access to those complaints
that would otherwise not be posted for electronic viewing on a same-day basis.
Under those procedures, reporters are provided with access to a workstation
behind the intake counter. The station is equipped with a computer connected to
the Internet. Courthouse News' reporter first reviews the cases that are made
available online. For those cases that are not available online by the end ofthe
work day but are of media interest, court staffers scan and make those cases
available on their website.
. ~Oklaho"maCity
At the Oklahoma County Court, intake clerks place all of the day's new petitions
into a central basket by 3:15 p.m. Petitions placed in the basket havebeen date
stamped, but have not been fully docketed - only indexed. A member of the
clerk's staff then provides the petitions to Courthouse News' reporter, and the
reporter is instructed to sign the back of each petition to ensure that she has seen
them all. After she has completed her review of the petitions in the basket,
Courthouse News' reporter is permitted to review any further petitions that have
been filed, indexed and placed in the basket after 3:15 p.m. The reporter may
request copies of petitions at a rate of$1.00 for the first page and 50 cents for all
subsequent pages.
Omaha

At the Douglas County District Court, where new complaints can be filed
electronically or in paper form, new cases are immediately indexed and added to
a statewide computer database that is updated on an hourly basis. Courthouse
News' reporter reviews the index! information for relevant cases on a courthouse
computer terminal and downloads images as they become available. Downloads
are free at the courthouse, but are also available online via the statewide Justice
website for a fee.

Media Access to Courts Around the Nation
#73509 vI sar

Page 12

Exhibit 1
Page 26

Orlando

At the Ninth Judicial Circuit Court, Couithouse News' reporter reviews hard
copies of newly filed complaints at a designated desk behind the counter. The
staff places new complaints that have not undergone any processing (i.e.,
docketed, jacketed or assigned a case number) near the reporter's desk each day
for same-day viewing. Since some complaints have been docketed by the time
Courthouse News' reporter arrives, these complaints are placed in a separate pile
for the reporter's review before they are moved to a separate desk for scanning by
4:00 p.m, In addition, Courthouse News' reporter is permitted to review e-filed
complaints and complaints that have been docketed and scanned by the time the
reporter arrives on a same-day basis using one of the clerk'sterminals located
behind the counter.
At the United States District Court for the Middle District of Florida in Orlando,
where electronic filing is mandatory, the court posts the majority of new civil
filings to PACER on the same day they are filed.

'r,

At the Maricopa County Superior Court in Phoenix, Arizona, court staff recently
implemented new procedures to ensure same-day access to civil complaints filed
at its downtown location. Under the new procedures, court staffscan and upload
for electronic viewing all complaints filed before 3:00 p.m., which are then made
available on a designated press computer located in the Customer Service Center
for Courthouse News' reporter to review and, if necessary, print. Complaints
filed between 3 :00 and 5:00 p.rn, are immediately placed in a bin at a designated
intake window in the Central Court Building, where Courthouse News' reporter
may review those complaints between 4:00 and 5:00 p.m,
Pittsburgh

At the Allegheny County Court of Common Pleas in Pittsburgh, Pennsylvania,
where the court has implemented an internally operated electronic filing system,
nearly all of the day's new filings are available on-line on a same-day basis,
Complaints not posted to the court's website on the day of filing are made
available the following day.
.~I

Media Access to Courts Around the Nation
"73j09 vI saf

Page l3

Exhibit 1
Page 27

In the United States District Court for the Western District of Pennsylvania,
where electronic filing is mandatory, Courthouse News' reporter has been
provided with an "Me" case number code for PACER that allows her to view the
new filings before they are docketed.
Portland
•
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"

At the Multnomah County Court in Portland, Courthouse News' reporter is given
a stack of the current day's newly filed complaints, which she reviews at a cubicle
behind the counter. The reporter can make any needed copies herself using her
own portable scanner.
At the United States District Court for the District of Oregon, Courthouse News'
reporter first searches for newly filed complaints through the court's "electronic
in-box," which is available on a public access terminal at the courthouse and
contains those complaints that the clerks have scanned but not yet processed and
posted to PACER. She then searches for processed complaints on PACER, which
are also available at a public access terminal at the courthouse. Finally, the clerks
give Courthouse News' reporter paper copies of those complaints that have not
yet been scanned and posted either to the electronic in-box or to PACER. The
clerks will also review the court's record book with Courthouse News' reporter at
the end of the day to make sure that no filings have been missed.
Riverside
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At the Superior Court for-the State of California, County of Riverside, new
complaints are scanned and made available for electronic viewing via the court's
website and at computer terminals in the courthouse. The press had been
experiencing delays in access for years until a new clerk, formerly from the
United States District Court for the Central District of California, came on board.
The clerk found that same-day access could be achieved simply by shifting the
schedules of the personnel who scan complaints so that they begin and end work
later in the day, thus ensuring that the vast majority of new complaints would be
made available for electronic viewing ona same-day basis.
St. Louis
At the S1. Louis City Circuit Court in Missouri, Courthouse News' reporter goes
to the intake window where cases are filed and clerk's office staff members hand
the reporter a stack of new cases filed that same day. Courthouse News' reporter
Media Acceas to Courts Around the Nation
"73509 vllaf

Page 14

Exhibit 1
Page 28

works at the counter next to the intake window; however, members of the media
can also work at a table near the window. Staff members in the clerk's office will
provide members of the media with copies of newsworthy new cases free of
charge .
. At the United States District Court for the Eastern District of Missouri, where
new complaints must be electronically filed, each case is assigned a case number
upon filing by the attorney and is immediately made available on PACER, even if
it has not been fully reviewed and processed. Courthouse News' reporter is able
to view the new complaints on a computer terminal in the clerk's office and print
out copies for a small fee.

San Francisco
At the Superior Court of California for the County of San Francisco, news
reporters are allowed behind the counter into the stacks to review unlimited
numbers of new filings after providing a driver's license and filling out a
temporary name tag. The number of new filings per day varies, but often exceeds
50. Courthouse News views new complaints regardless of whether they have
been fully processed. San Francisco Superior has established a written protocol
for members of the press. The key provisions are quoted below:
If media personnel want to review files already on the shelves, they
can pull these files themselves and return them to the shelves.
All new filings will be held in a Media Box during the day. Between
3:00 and 4:30 each day, this box will be available to the media for
viewing in the Records department, whether or not the cases have
been entered in the computer. At 4:00 PM, when the office closes to
the public, media personnel may· ask to view any additional filings
that may have COl11e since 3:00 ~M. The Records supervisor or an
in
assigned clerk will retrieve those files for the media to view. Any
member of the media viewing new filings must return them to the
box for eventual return to the Records supervisor or assigned clerk.
Media personnel may come in anytime before 3 :00 PM to view new
filings. However, they will only be viewing cases newly filed up
until that time.

Media Access to Courts Around the Nation
ff73509 vi sef

Page 15

Exhibit 1
Page 29

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Copy machine from the second floor Media Room will be moved to
Room 103 and located behind the Records department. This
machine belongs to Courthouse News Service, but has been made
available to all media personnel for their use .

. At the San Francisco Division of the United States District Court for the Northern
District of California, reporters go behind the counter and review actions filed
that same day, regardless of whether the complaints have been fully docketed or
posted on PACER. They are also permitted access to "transfer boxes" of new
actions being sent to different divisions of the court, 'and are provided with a copy
of the intake log. Reporters are permitted to make copies of cases they determine
to be newsworthy using a portable scanner,

San Jose
At the Santa Clara County Superior Court in San Jose, California, the court
recently implemented new procedures toensure that reporters receive same-day
access to the vast majority of each day'snew civil unlimited jurisdiction
complaints. Under those procedures, civil unlimited complaints are made
available to Courthouse News' reporter upon receipt of the filing fee, the
assignment of a case number, and the assignment of a first status conference date,
even though processing of the new complaint is far from over at this juncture.
Complaints that are filed over the counter by 3:30 p.m. are made available to
Courthouse News' reporter on the same day they are filed. All unlimited
jurisdiction complaints that are in the drop box by 4:00 p.m. are also made
available to Courthouse News on the same day they are filed. Unlimited
jurisdiction complaints that are filed over the counter between 3:30 p.m. and the
clerk's office closing at 4:00 p.m. have been designated as a staff priority, and the
court endeavors to make them available for review on the same day they are filed,
Courthouse News' reporter is permitted to remain at the court until 4:30 p.m., one
half-hour after closing, to review late-filed cases. The court makes copies of
complaints as requested by the reporter.
At the San Jose Division ofthe United States District Court for the Northern
District of California, clerks pri1!t-o\lt a'Ifst of all new complaints filed earlier that
day. Reporters go behind the counter, obtain complaints from individual clerks'
desks, report on and scan any newsworthy complaints, and then return the
complaints to the clerks' desks,

Media Access to Courts Around the Nation
#73509 v I saf

Page 16

Exhibit 1
Page 30

Seattle
At the King County Superior Court, Courthouse News' reporter is provided with
a docket report of new cases two times per day - once at 11:00 a.m. and again at
3 :00 p.m. The 11:00 a.m. listincludes: all cases that have been filed from 3 :00
p.m. on the previous day through l l: 00 a.m. on the current day, while the 3 :00
p.m. list includes new cases that have been filed from 11:00 a.m. to 3 :00 p.m. that
day. The reporter reviews each list to find relevant cases, then searches for and
views new complaints on a computer terminal at the courthouse. She is able to
print out relevant complaints for 15 cents per page.
Tampa
At the Hillsborough County Circuit Court, new complaints that are hand-filed in
the main courthouse are made available for review by reporters at the end of the
day they are filed. Most complaints are scanned by court staff and made available
on the court's public access terminals for review. Those complaints that are not
scanned and available on the public access terminals by 4:00 p.m. are provided in
paper form for news reporters, who have until the court closes at 5:00 p.m. to
review those late-filed complaints.
Wilmington
; ; rC"'

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At the United States District Court for the District of Delaware, new complaints
can be filed either in paper form or electronically. Courthouse News' reporter
can view e-filed complaints on PACER almost immediately after they are filed by
using a shell case number code to access an online press queue of new electronic
filings. The reporter also visits the court on a daily basis and is able to review the
vast majority of new complaints filed in paper form on the same day those
complaints are filed. Court staff will make copies of paper-filed cases for 10
cents per page.

"

Media Access to Courts Around the Nation
#73,09 vi sal'

Page 17

Exhibit 1
Page 31

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EXIDBIT2

Bohne Roberts & Owen lLP
AUomey5

SAN fRANCISCO

BOULDER

(It Law

June 20,2011
Michael Planet
Court Executive Officer
Ventura County Superior Court
800 South Victoria Ave.
Ventura, CA 93009
Re:

Media Access to New Complaints

COLORADO SPRINGS

Dear Mr. Planet:

DENVER

DUBLIN

LONDON

LOS ANGELES

SALT LAKE CITY

As you may recall, we represent Courthouse News Service, a nationwide news service for
lawyers and the news media. OVer the past two years, Courthouse News has written to and
met with various officials at this Court regarding delays in access to newly filed civil
unlimited complaints. -Although your office has undertaken to decrease the amount of time
between the filing of a complaint and its availability to members of the news media, news
reporters are rarely permitted to see any new civil complaints on the same day they are
filed. Rather, delays in access range anywhere from one day to several weeks.

It appears that the Court is not currently releasing newly filed complaints for press review
until after a certain amount of processing has been completed. However, as explained
below, the press's right of access to court records is not dependent on a court having
completed processing. Indeed, the delays at this Court are effectively denials of access,
and are contrary to the fundamentally public nature of adjudicative court records and the
media's legitimate interest in timely access to those records.
We therefore respectfully ask that you address these delays immediately by adopting
simple procedures to ensure that members of the media have access to new complaints on
the same day they are filed.
About Courthouse

News Service

Courthouse News Service is a Zl-year-ofd, Pasadena-based legal news service for lawyers
and the news media. It is similar to other news wire services, such as the Associated Press,
except that it focuses on civil lawsuits, from the date of filing through the appellate level.
Courthouse News does not report on criminal or family law matters, and in California it
focuses only on unlimited jurisdiction civil cases.

Rachel Mal!eo~Boehm 415'568.1996 racheJ.maUeo-boehm@hro_com
560 Mission Street, 25th Floor San Francisco, California 94105-2994 lei 415.268.2000 fax [phone]
#63459 v4 saf

Exhibit 2
Page 32

I

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Hohne Roberts & Owen I.Jr
AUOfne,)-5

at Law

Michael Planet
June 20, 2011
Page Z

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The majority of Courthouse News' nearly 3,000 subscribers nationwide are lawyers and
law firms, including numerous prominent California firms, In addition, other news outlets
are increasingly looking to Courthouse News to provide them with information about
newsworthy new civil filings. Courthouse News' media subscribers include such wellknown entities as the Los Angeles Times, the Los Angeles Business Journal, the San Jose
Mercury News, and Forbes, all of which puts Courthouse News in a position similar to that
of a pool reporter. Courthouse News' core news publications are its new litigation reports,
which are e-rnaiied to subscribers daily and contain coverage of all significant new civil
complaints. Its website, www.courthousenews.com, also features news reports and
commentary about civil cases and appeals, and receives an average of 850,000 unique
visitors each month,
Access to Court Records at Ventura County Superior Court

Courthouse News' reporter Julianna Krolak has covered the Ventura County Superior
Court since 2003. Until recently, Ms. Krolak visited the court twice each week to review
new civil unlimited jurisdiction complaints. In recognition of the growing importance of
this Court, starting in November 2010, Ms. Krolak began visiting the Court on a daily
basis.

i<r;Iak was,abiq to review the vast majority of new complaints
filed since her prior visit. This was achieved through a combination of a media bin
procedure (which, at the time, contained complaints that the Court determined would be of
interest to the press) as well as the clerk's office's practice of providing Ms. Krolak with
all additional complaints falling within a specific number range, since cases are numbered
sequentially. In general, these procedures allowed Ms. Krolak to review all of the
newsworthy unlimited jurisdiction complaints filed since her previous visit without
imposing any apparent burden on court staff.
Up until early 2008, Ms.

Beginning in 2008, however, media access at the Court began to deteriorate on a number
of fronts. Among other things, the clerk's office began limiting the number of files that
members of the media could request to 25 each day, and only permitted reporters to request
five at a time, which meant Ms. Krolak had to wait in line - usually for at least 30 minutes,
and sometimes more than an hour- to ask for each batch of five cases. Each requested
case counted toward her 25-file limit, even if the complaint was not made available for

634l
#

krltibit 2
Page 33

".

Holme Roberts & Owen UP"
Attorneys at Law

Michael Planet
June 20, 2011
Page 3
review, and Court staff sometimes counted every case in the media bin toward Ms.
Krolak's 25-case quota. Since there were often more than 50 potentially newsworthy civil
unlimited cases filed in any given week, the 25~file limit frequently prevented Ms. Krolak
from reviewing and reporting on all of the week's newsworthy filings, thereby resulting in
significant delays in access to newly filed civil complaints.
I

Courthouse News' Northern California Bureau Chief, Chris Marshall, attempted at various
times to resolve these issues with Supervisor Linda Daniels, as well as Records Manager
Peggy Yost, but these efforts proved unsuccessful. Thereafter, in April 2009, we wrote to
you. We subsequently spoke on the phone, together with Deputy Court Executive Officer
Cheryl Kanatzar, about potential solutions to the access problems. In June 2009, Ms.
Kanatzar, as well as Ms. Yost and Ms. Daniels, met in person with Mr. Marshall to further
discuss potential solutions. The solution ultimately devised by the Court involved placing
newly filed civil unlimited jurisdiction complaints directly into the media bin for review
only after minimal processing. Ms. Krolak would be permitted access to all of the
complaints contained in the media bin, as well as up to 25 additional complaints, per visit,
from the shelves. Of the additional 25 complaints that Ms. Krolak would be permitted to
request, she could only access five complaints at a time.
While these procedures initially worked reasonably well to provide Ms. Krolak with timely
access to newly filed complaints, access again quickly deteriorated, as it seemed that the
clerks were waiting until newly filed complaints were fully processed before placing them
in the media bin (contrary to the agreement that new complaints would be placed in the bin
after just minimal processing). The deterioration of the media bin procedure led to a
backlog of newly filed unlimited civil jurisdiction complaints that Ms. Krolak needed to
review, and she therefore had to request numerous additional complaints as part of her
daily reporting activities. On many of her visits, she found that she had to request up to 25
complaints (her limit for cases that were riot contained in the media bin) in order to see the
entire flow of newly filed unlimited civil jurisdiction complaints, standing in a new and
lengthy line for each group of five complaints she wished to review. Even with respect to
those 25 additional complaints she requested, many were not available, with delays in
access ranging for the most part from one to three days, but sometimes significantly
longer.

fl6J4l~ v4

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Exhibit 2
Page 34

Holme Roberts & Owen UP"
Attorneys at Law

Michael Planet
June 20, 2011
Page 4
As noted, late last year, Courthouse News began covering the Court on a daily basis.
Given the ongoing delays and problems with the media bin procedure, Mr. Marshall
contacted Ms. Kanatzar by letter in February 20 II in an attempt to come up with mutually
agreeable procedures thai would provide same-day access to all newly filed unlimited civil
jurisdiction complaints, and Ms. Kanatzar spoke with Mr. Marshall by phone in early
March 2011 to discuss options. While Ms. Kanatzar indicated a desire to improve on the
delays, the message conveyed to Courthouse News was that the clerk's office would not
provide same-day access to newly filed unlimited jurisdiction civil complaints. At best,
the Court would attempt to provide next-day access. Mr. Marshall was disappointed to
hear this, but agreed to wait and see what solution the Court came up with to resolve
delays. Subsequently, Ms. Kap.~tzar lei1 Mr. Marshall a voice mail message advising him
that beginning on March 14, 20'11, the clerks would reprioritize how cases are processed,
and Courthouse News should begin seeing complaints within two days of filing.
Over the past three months, Courthouse News has monitored the availability of complaints
to determine what effect, if any, the new procedures would have in terms of delays in
access. Unfortunately, things have gone from bad to worse, with same-day access to new
complaints a rare occurrence. J Rather, actual delays in access are anywhere between one
day and several weeks after filing for virtually all civil unlimited jurisdiction complaints
filed in this Court.
There Is A Right Of Access, And Timely Access, To All New Civil Court Filings
As we have related to you in our previous correspondence and discussions, the press has a
presumptive, constitutional right of timely access to newly filed complaints, which
necessarily means same-day access. NBC Subsidiary (KNBC-TV), Inc. v. Superior Court,
20 CaL 4th 1178, 1208 & n.25 (1999) (recognizing First Amendment right of access to civil
litigation documents submitted to a court as a basis for adjudication); Associated Press v.
Us. District Court, 705 F.2d 1143, 1147 (9th Cir. 1983) (even short delays in access
constitute "a total restraint on the public's first amendment right of access even though the
restraint is limited in time"); Grove Fresh Distribs., Inc. v. Everfresh Juice Co., 24 FJd
{

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During one recent four-week period, only one complaint out of 145 was available for
review on the same day it was filed.
J

1163459 v4 saf

Exhibit 2
Page 35

Holme Roberts & Owen UF
Attome.J$

at Law

Michael Planet
June 20, 2011
Page 5
893, 897 (7th Cir. ] 994) ("[iJn light of values which the presumption of access endeavors
to promote, a necessary corollary to the presumption is that once found to be appropriate,
access should be immediate and contemporaneous"); Globe Newspaper Co. v. Pokaski,
868 F.2d 497, 507 (1 st Cir. 1989) ("even a one to 'two day delay impermissibly burdens the
First Amendment"); Courthouse News Service v. Jackson, 2009 U.S. Dist, LEXIS 62300,
at * 10-] 1, 14 (S.D. Tex. 2009) ("the 24 to 72 hour delay in access is effectively a denial of
access and is, therefore, unconstitutional").
Likewise, once a record has been filed or lodged with the court, Rule of Court 2.550(c)
provides that the record is "presumed to be open" to public inspection. The Rule of Court
thus recognizes that the public character of new complaints comes not from the court's
taking any particular action with respect to a complaint, but from a person's invoking the
power of the judiciary by submitting it to the court. See also Bank of Am. Nat'l Trust &
Sav. Ass 'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir. 1986) (the right of
access springs into being the moment a person "undertake]s] to utilize the judicial
process"); Leucadia, Inc. v. Applied Extrusion Techs., Inc., 998 F.2d ] 57, 164 (3d Cir.
1993),("By submitting pleadings and motions to the COUli for decision, one ... exposes
oneself [to] public scrutiny.") (quotation. omitted; emph. added).
In light of this right of access, it is not appropriate for this Court to deny media requests to
examine newly filed complaints on the ground that the Court has not yet completed its
administrative tasks associated with the processing ofthose complaints (tasks that vary
from court to court, but can include such items as inputting information about the
complaint into a computer system, formal acceptance, scanning, and/or posting the
complaint online for remote viewing). As you can see from the enclosed city-by-city
survey, courts around the country have implemented a variety of procedures to ensure that
the press has access to all new civil complaints at the end of the day on which those
complaints are filed, regardless of whether they have been fully processed and/or other
administrative procedures have been completed. Indeed, given the media's role as
"surrogates for the public," see, e.g., Richmond Newspapers. Inc. v. Virginia, 448 U.S.
555, 573 (1980), it is appropriate to provide news reporters who visit the Court every day
with procedures for obtaining same-day access 10 new filings, so that those reporters may
in turn disseminate information about those filings to interested persons, thereby keeping
the public informed as to what transpires in the courts .

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1163459 v4sar

Exhibit 2
Page 36

Hohne Roberts & Owen W·
Attorneys at La»

Michael Planet
June 20, 2011
Page 6
With these considerations in mind, Courthouse News once again respectfully requests that
the Court adopt procedures 'to ensure that reporters who visit the court every day (which
would include but not necessarily be limited to Courthouse News) can review new
unlimited civil complaints at the end of the day they are filed, even if they have not been
fully processed. As the enclosed survey demonstrates, there are a variety of specific ways
this can be accomplished, but fundamentally, what we are asking for is for Ms. Krolak to
simply be allowed to see the day's new unlimited civil filings at the end of each court day.
We thank you for your attention to this important manner, and look forward to hearing
from you.
.
Sincerely,

Rachel Matteo-Boehm
cc:

The Honorable Vincent O'Neill, Jr., Presiding Judge
Courthouse News Service

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#63459 v4,af

Exhibit 2
Page 37

Media' Access to Courts Around the Nation
Prepared By Courthouse News Service
June 2011
Courts around the country have developed a variety of procedures to provide the media with
access to new civil case initiating documents (complaints or petitions, depending on the
jurisdiction) on the same day they are filed, regardless of whether processing has been
completed (or in federal courts that have adopted e-filing, the so-called "quality assurance"
process is completed), and regardless of whether the complaint or petition has been made
available for electronic viewing. Courthouse News Service has prepared the following
summary of some of these same-day access procedures adopted in courts throughout the nation,
Albuquerque
At the Second District Court of New Mexico (Bernalillo County), both paper and electronically
filed civil complaints are made available to the media in a "review pile" on the day of filing,
before they have been fully processed or made available to the public. Courthouse News'
reporter has been granted behind-the-counter access to the "review pile" and provided with a
small work space, where he can review the new cases and scan any newsworthy complaint
using a portable scanner. Any complaint that does not make it to the review pile enters a 3 - 4
day docketing process, during which Courthouse News Service's reporter can typically track
down any case that needs to be seen.
Atlanta
At the Fulton County Superior Court in Atlanta, Georgia, new complaints are scanned
immediately upon filing and made available at computer terminals at the courthouse, most
within minutes offiling. In addition, complete docket information for civil cases is available
from a publicly accessible web site on the day the complaint is filed.
At the United States District Court for the Northern District of Georgia, where e-filing is
voluntary, reporters review new civil actions on the same day they are filed. New complaints
that are filed in paper form are scanned into a computerized press box before they go to
docketing and are accessible on a computer terminal in the Clerk's office. E-filed complaints
are made available to CNS'3 reporter, prior to any processing, via PACER by using a shell case
num ber code to access an online press queue of new same-day filings,
Austin
At the Travis County District Courthouse Iri Austin, where e-filing is mandatory for civil cases,
Courthouse News' reporter gets a list of all of the' new civil petitions filed earlier that same day
upon arriving at the courthouse. She then views newly filed petitions using a public access
terminal at the courthouse. Before leaving the court, Courthouse News' reporter gets an
updated copy of the list of newly filed petitions to see whether there are any that have been
tiled since her first review, which she also views using the court's public access terminal.
Media Access
#627H vI sor

to

Courts Around the Nation

Page I

Exhibit 2
Page 38

Beaumont
At the Jefferson County District Court in Beaumont. Texas, reporters are allowed behind the
counter to access paper copies of petitions filed that day, before the cases are put through the
docketing process. Reporters can make copiesof newsworthy cases,
I

At the Beaumont Division of the United States District Court for the Eastern District of Texas,
reporters have same-day access to newly filed actions regardless of whether docketing has been
completed, Reporters review scanned copies of new complaints via PACER, and if a new ease
is not yet scanned and available on the court's computer systemreporters can request and are
given a paper copy of the new action based on a listing of new filings in a red log book made
available to the press.
Brooklyn
At the Kings County Supreme Court, newly filed cases are typically scanned into electronic
form immediately after they are filed, and the paper copies are then placed in a designated
media box for same day review. However, in the event that a new complaint is not scanned
until the following day, the paper copy remains in the press box until Courthouse News'
reporter has reviewed it. Courthouse News' reporter has been provided with a media pass that
allows her to remove the new filings from the media box and review them in a different area
behind the counter in the clerk's office on the same day the complaints are filed. Courthouse
News' reporter is free to make her own copies for a small fee,
At the United States District
copies" of new complaints,
throughout the day, thereby
even if the new filings have

Court for the Eastern District of New York, parties file "press
which
placed io.t6 a press box that is made available to reporters
allowing them same-day access to the vast majority of new filings,
not been fully processed or posted to PACER.

are

ClJicago
!

At the Cook County Circuit Court in Chicago, Courthouse News' reporter, or any other
member of the media who is first to arrive at the courthouse, begins each visit by going behind
the counter to pick up the day's new complaints, and then brings them to a press room located
in the same building, The reporter sees complaints on the same day they are filed, regardless of
whether the complaints have been fully processed, Reporters can stay as late as they like to
review the new complaints,

At the United States District Court for the Northern District of Illinois, where newly filed
complaints are available on a same-day basis, the court had previously provided the media with
a special case number code for the PACER web site that granted reporters access to a press
queue where the new complaints were posted before they had even been assigned a case
number or appeared on the public PACER website. However, the Court is now making newlyfiled civil complaints immediately available on PACER, as well as the court's own independent
website, making access to the press queue unnecessary.
I'

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Media Access to Courts Around the Nation
1162147 v, saf

Page 2

Exhibit 2
Page 39

Cincinnati
At the Hamilton County Court of Common Pleas in Cincinnati, Ohio, new complaints are
placed in the intake area for review by the media on the same day the complaints are filed.
Complaints are made available after they have been date-stamped, but before any other
processing occurs. Courthouse News' reporter sees between 30-60 complaints each day. If
Courthouse News' reporter misses a complaint, he may request the file from the paper room
staff the next day. Court employees will make copies of newsworthy complaints available
upon request for 10 cents per page.
At the United States District Court for the Southern District of Ohio, many of the newly filed
complaints are made available on theday offiling via PACER However, for cases not
available electronically, the court places a copy 'of new cases into a press box at the intake
counter, where Courthouse News Services' reporter may review them until 4:00 p.m. when the
court closes to the public, The reporter may request copies of new complaints for 50 cents per
page.

Cleveland
At the Cuyahoga County Court of Common Pleas in Cleveland, Ohio, Courthouse News'
reporter has behind-the-counter access to new filings on the same day they are filed, regardless
of whether they have been fully processed. Complaints are available as soon as they have been
date-stamped. Court officials provide Courthouse News' reporter with desk space to set up a
laptop and allow him use of the office copy machines.
At the United States District Court for the Northern District of Ohio, new civil cases can be
filed either in person or electronically. Both cases filed electronically and in person are made
available on PACER on the same day they are filed. However, to view cases that are restricted
from access via PACER or cases that have not yet been posted to PACER, Courthouse News'
reporter visits the courthouse, where the court staff will print out a copy of any case he
requests, even if docketing has not been complefed and regardless of how those complaints
were filed.
":J '""
, :"
Columbus
At the Franklin County Court of Common Pleas in Columbus, Ohio, Courthouse News'
reporter has same-day access to new civil complaints after they have been date-stamped and
before processing. Courthouse News' reporter works at a desk behind the intake counter.
Complaints that are filed before the reporter arrives to the courthouse are placed in an "outbox"
tray where eNS's reporter is able to review them on the same day they are filed. Once the
reporter has finished reviewing those cases, a member of the court staff retrieves complaints
that have been tiled since the reporter's arrival directly from the various tellers and makes them
available for immediate review. Copies are available for a nominal fee.
At the United States District Court for the Southern District of Ohio in Columbus, all new
complaints are made available on PACER promptly upon filing. The court will also provide

Media Access to Courts Around the Nation

Page 3

#62747 vI saf

Exhibit 2
i ""

1\

\

Page 40

,

/'

hard copies of any civi1 filings not available on PACER on a same-day basis, but the speed with
which cases are posted to PACER generally makes this unnecessary.

At the Dallas County District Court in Dallas, Texas, Courthouse News' reporter is provided
with behind-the-counter access to new petitions as soon as they are filed and before any
docketing has taken place. The court provides the reporter with a place to work, where staffers
in the clerk's office provide him with access to the new petitions filed in paper form. As for efiled petitions, Courthouse News Service's reporter views some on a computer terminal in the
clerk's office. In many instances, however, petitions are not available on the terminal on a
same-day basis, and the clerk's office provides him with paper printouts ofthose petitions so
that he can see them same-day.
The United States District Court for the Northern District of Texas has developed a process that
ensures reporters have same-day access to all new complaints, regardless of how far those
complaints have progressed through tl~,eintake process. On his daily afternoon visits to the
court, Courthouse News' reporter goes through a three-step process, described below. Leigh
Lyon, Assistant Chief Deputy of Operations, Dallas Division of the Northern District of Texas,
has informed us that she would be happy to speak with court officials in other jurisdictions
about this system. Ms. Lyon can be reached at [phone].
•

First, Courthouse News' reporter checks a computer terminal in the clerk's office to
view summaries of the day s new complaints that have already been made available on
PACER. Courthouse News' reporter thenuses his own internet connection to
immediately download documents he needs to his laptop computer at the courthouse.
I

•

Second, Courthouse News' reporter checks for complaints that have been scanned by
the clerk's office, but are not yet available on PACER. These complaints have been
assigned a bar code and case number, and are made available for electronic viewing at a
public computer kiosk located in the clerk's office, where the media can then review the
new complaints on the same day they are filed.

•

Finally, for complaints that are so new they have not yet been scanned, Courthouse
News' reporter views the paper versions of those new cases in their case folder and
makes copies of newsworthy complaints.
,~\,

,': ,'\

Detr~it

At the Wayne County Circuit Court, complaints are placed in a drawer in the intake area of the
clerk's office immediately after they are filed. Upon arriving at the clerk's office at
approximately 3 p.m., Courthouse News' reporter goes behind the counter and first doublechecks the previous day's complaints, which are located in bundled folders behind the intake
drawer, for any missed or last-minute filings from' the day before. Then he turns to the intake
drawer, where he is permitted to review the newly filed complaints while standing behind the
counter. Most new complaints are in the drawer, but some are with the intake clerks, who will
share the complaints with the reporter for review. The reporter is permitted to make his own
Media Access to
#62747 v I saf

COU[1S

Around the Nation

Page 4

Exhibit 2
Page 41

copies of complaints using a copier located also behind the counter, as well as an alternate
copier on the other side of the cashier station near the death certificates/marriage license area.
';j ,
"

At the United States District Court for the Eastern District of Michigan, the court provides
copies, on a same-day basis, of all newly filed complaints in a media box located in a public
area, but only after the complaints have been fully docketed. Courthouse News' reporter can
either visit the courthouse to view complaints or he can view the new filings electronically on
PACER, which is just as timely as the hard copy press box.
Fort Worth
At the Tarrant County District Court in F0l1 Worth, most petitions appear on the court's on-line
system the day they are filed, except those cases that are filed electronically after 5;00 p.m.,
when the court is closed, which are made available the following day. If any petition that was
filed during court business hours is not available online the day it is filed, court staff either
make a copy for Courthouse News' reporter or arranges for the petition to be immediately
scanned and posted to the on-line access system. The end result is that Courthouse News'
reporter is able to access all petitions filed during court hours on the same day they are filed.
Houston
The Harris County Civil District Courts in Houston provided same-day access for many years
by permitting reporters to go behind the intakecounters and review newly-filed petitions. In
2008, the clerk began requiring reporters to wait until new petitions had been processed and
posted on the clerk's web site before they could' be reviewed, which delayed their availability
by a day or more - sometimes several days. After repeated attempts by Courthouse News to
negotiate a solution with the clerk's office failed to lead to a resolution, Courthouse News
reluctantly filed suit under 42 U.S.C. § ] 983. In July 2009, the U,S. District Court for the
Southern District of Texas issued a preliminary injunction ordering the clerk to provide sameday access to civil petitions, and finding that "th(24 to 72 hour delay in access is effectively a
denial of access and is, therefore, unconstitutional." Courthouse News Service v. Jackson, et
al., 2009 WL 2163609, at *4 (S.D. Tex. July 20, 2009). In accordance with that injunction
order, the clerk's office began scanning new petitions and posting them to the clerk's web site
the same day they are filed. Pursuant to a stipulated permanent injunction entered by the court
in March 201 0, the clerk's office became obligated not only to continue to provide same-day
access to new civil filings, but to pay more than $250,000 to Courthouse News to compensate it
for the attorneys fees it incurred in litigating the case, The stipulated permanent injunction did
not specify the particular manner in which same-day access must be provided, and the clerk's
office has chosen to comply with the order by continuing its practice of posting new petitions
on the clerk's web site. Those petitions can be viewed, and printouts can be made, free of
charge by the media and other interested parties on the day of filing. After that, petitions can
still be viewed without charge, but printouts can be made only if they have not been certified.
Once they are certified - which u~;uiltlyoccurs ,th,eday after filing - there is a fee to print out
copies of the petitions. Details abouftIlis program can be found on the Harris County District
Clerk's web site, at http;//www.hcdistrictclerk.co;tnlEdocs/Public/search.aspx
(see button:
"Search Today's Filings") .

. Media Access to Courts Around the Nation
#62747 v I saf

Page 5

Exhibit 2
Page 42

At the United States District Court for the Southern District of Texas, where electronic filing is
required for new cases, Courthouse News' reporter can view electronic versions of complaints
that are already docketed and posted to PACER on the same day they are filed. For any new
complaint that has not yet been fully docketed, the Court will usually provide a hard copy
regardless of how far along the complaint is in the docketing process, also on the same day they
are filed.
Indianapolis
• ,.

; ; •

~
I

,

At the Marion County Circuit and Superior Courts in Indianapolis, Indiana, reporters view all
new filings on a same-day basis in the clerk's office. Reporters are given stacks ofthe new
filings, before they are processed or sent to the proper court division, and are allowed to go
through them at tables in the public viewing area from 4:00 p.rn. to 4:30 p.m, Reporters can
then make copies themselves on court copy machines, which are then billed to Courthouse
News Service monthly.
At the United States District Court for the Southern District of Indiana, reporters are provided
with access to all complaints filed on a same-day basis, even if docketing has not been
completed. When Courthouse News' reporter arrives at the end ofthe day, the court staff
gathers all of the civil cases filed throughout the day and allows the reporter to review the
complaints. The court staff will then make copies at a rate of 50 cents per page.
Las Vegas
At the Eighth Judicial District Court in Las Vegas, Nevada, reporters saw the majority of new
civil complaints on a same-day basis until the court switched to mandatory e-filing in February
2010. Following that switch, the court began requiring news reporters to review new
complaints at a computer terminal in the clerk's office, but this system resulted in complaints
not being available for viewing until t~e, day aft~t they were filed. The reason for these delays
was that new complaints did not appear on the computer terminals until after they had been
"accepted" by the clerk's office, and only after the terminals had been updated to reflect the
new filings. After Courthouse News brought these delays to the attention of the court, the court
adopted a new system: an electronic in-box, through which complaints can be viewed on a
computer terminal as soon as they cross the electronic version of the intake counter at the
clerk's office, even if they have not yet been fully processed. Through this system, which is
similar to the electronic in-box access procedures in place at numerous federal district courts
(many of which are described in this survey), Courthouse News is now seeing new e-filed
complaints on a same-day basis.
At the United States District Court for the District of Nevada, Courthouse News' reporter can
view electronic versions of the majority of new complaints on a same-day basis on PACER.
Complaints that are not made available on the day they are filed are usually made available on
the following day.

Media Access to Courts Around'the Nation'
#62747 yJ saf

Page 6
,.',~

.. i

Exhibit 2
Page 43

Los Angeles
At the Downtown (Stanley Mask Courthouse) branch of the Superior Court of Califomi a in Los
Angeles, reporters can review all new actions that are filed on a particular day through the
court's computer system, which includes terminals for the general public and additional
terminals in a designated press room. Both the filing room - including the intake and
processing areas - and the area in which the general public view cases close at 4:30 p.m., but
the press room remains open later and even the latest filings of the day are available and can be
reviewed by 7:00 p.rn. About 90 new civil, general jurisdiction cases are filed each day.
At the Santa Monica Courthouse of the same court, face pages of each day's newly-filed
complaints are made available for review at 3:30 p.m. on the same day the complaints are filed.
Courthouse News' reporter then requests copiesof those complaints for which she wants to see
the full-text versions. The full textof Iate-filed complaints is made available at 4:30 p.m.,
when the filing room court closes its doors to the public but where the courthouse employees
continue to work until 5:00 p.m. Courthouse News' reporter can then request copies of any of
those late-filed complaints, and they are generally provided right away.
At the United States District Court for the Central District of Calif ami a, a room is set up
directly off the docketing department with a set of pass-through boxes. At 4:45 p.m., a
messenger places all of the civil complaints filed that day in the pass-through boxes so that the
media can review them. Inside the reviewing room is a copy machine maintained by the press.
Reporters that cover the courthouse 01) adaily basis have a key to the room, which is otherwise
locked, and they can stay as long as they want to look over the complaints and rulings, copy
those of interest, and put the documents back in the pass-through boxes.
Louisville
At the Jefferson County Circuit Court in Louisville, Kentucky, the clerk's staff makes a copy of
the front page of all complaints filed throughout the day and places the coversheets on a table
in the public area of the office. Courthouse News' reporter then reviews the stack of
coversheets and requests any complaints he determines to be newsworthy on the same day they
are filed. The clerk's office will make copies forhim at a rate of25 cents per page.
·f.

.~ 'I'

The United States District Court for th~Westem District of Kentucky in Louisville has adopted
an e-filing system requiring initiating documentsto be filed electronically. The court has
provided the media with an "MC" case number code, Using this code at a designated computer
terminal in the clerk's office, reporters can review newly filed complaints in exactly the same
format as they are received in the clerk's office, prior to being docketed and before they are
available to the public on PACER. If a reporter needs a copy of a complaint, he requests the
copy from court staff at a rate of 50 cents per page.
Manhattan
At the New York County Supreme Court, where certain case types are required to be e-filed,
new complaints are made available to reporters on the same day they are filed, whether they are
filed in paper or electronic form, E-filed cases are posted online to a court website by the end
Media Access to Courts Around the Nation
#62741 vI saf

Page 7

Exhibit 2
Page 44

of the day they are filed, while new complaints filed in paper form are indexed and scanned
shortly after being filed, and made available electronically via an internal computer system on
terminals set up throughout the courthouse. At 4:00 p.m., and then at regular intervals until
5:00 p.rn., the paper versions of the new complaints are then placed by court officials in a
secure area behind the counter where reporters are free to review them on a same-day basis.

At the United States District Court for the Southern District of New York, reporters are
permitted to view new civil complaints three times a day - between 9:00 a.m. and 9:45 a.m.,
between 11 :30 a.m. and ]2:15 p.m., and between 3:35 p.m. and 4:30 p.m. - on the same day the
complaints are filed.

In Miami-Dade County Circuit Court, the clerk's office closes to the general public at 4 p.m.,
but security personnel remain until 6:45 p.m., allowing Courthouse News Service's reporter to
review new filings. The reporter is permitted to go behind the intake counter and pull same day
complaints directly from each intake clerks' desk from 4:45 p.m. until the office closes at 6:45
p.m. The complaints that Courthouse News' reporter reviews have been assigned a case
number and checked for all required documentation and payment, but have not been entered
into the court's computer system .: If the reporter needs copies she is able to make her own
copies at a Court copy machine for $1 per page.
At the United States District Court for the Southern District of Florida, electronic filing of new
civil complaints is mandatory, and new complaints that are filed before 5 p.m. appear on
PACER on the same day they are filed. Cases filed after 5 p.m. appear on PACER the
following day.
Milwaukee
At the Milwaukee County Court in Wisconsin, reporters have access to new complaints on the
day they are filed, even if they have not yet been'fully processed, and are permitted to go
behind the counter. Reporters can request copies of complaints from court personnel for a
small fee.
At the United States District Court for the Eastern District of Wisconsin, most new complaints
are e-filed and available electronically through PACER on the same day they are filed.
However, for those cases that are not immediately posted to PACER, court staff provides
reporters with the original paper versions of the new complaints, also on the same day they are
filed. Reporters are then able to ma~e copies .~ta copy machine for a nominal fee.
-

.<

. ·lY.fi'rineapoli~/St. Paul
At both the Hennepin County District Court in Minneapolis and the Ramsey County District
Court in S1. Paul, where many of the new complaints are filed by mail, Courthouse News'
reporter is permitted to go behind the counter to review the stack of original complaints on the
same day they are filed and before they are docketed. Because the reporter visits Ramsey
County only three times per week, she is unable to review all cases on the same day they are
Media Access to Courts Around the Nation
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Page 8

Ex hibiIt 2
1
Page 45

filed, but is able to search for and view the cases she has missed on a computer terminal at the
courthouse the next time she visits the court, The reporter is able to make her own copies in
Hennepin County, where Courthouse News has established a copy account. In Ramsey
County. for cases the reporter reviews on the day of filing, the court staffwill make copies of
any complaint the reporter requests. For cases.she reviews after the day of filing; the reporter is
able to print a copy directly from thecomputenjerminal.
:,
At the United States District Court for District of Minnesota, reporters begin their visit by using
a computer terminal at the courthouse to view an intake log of new cases. From there, reporters
review complaints available on PACER using a public computer terminal in the clerk's office.
If a complaint shown on the intake log of new cases is not yet available on PACER, the court
will print out a copy for the reporter. The Clerk charges 10 cents per page for any copies that
reporters request.

NashviUe
At the Davidson County Chancery Court in Nashville, Courthouse News' reporter reviews an
intake log of the day's new filings on a public computer terminal at the courthouse. She then
compiles a list of the relevant cases and presents the list to the court staff, who retrieve the
requested cases and allow her to review the complaints regardless of whether the docketing
process has been completed.

At the Davidson County Circuit Court, most new complaints are scanned throughout the day
and are made available through a government website on the same day they are filed.
....

,

At the United States District Court for the Midtl!e District of Tennessee, the clerk's staff are
required to stay one hour after closing' in order tq scan all new filings and post them onto
PACER on the day they are filed,
Oakland
Although the Alameda County Superior Court in Oakland, California, endeavors to make
newly-filed complaints available for viewing on its web site on a same-day basis, it has
implemented procedures to ensure that news reporters who visit the Rene C. Davidson
courthouse can obtain same-day access to those complaints that would otherwise not be posted
for electronic viewing on a same-day basis. Under those procedures, reporters are provided
with access to a workstation behind the intake counter. The station is equipped with a
computer connected to the Internet. Courthouse News' reporter first reviews the cases that are
made available online. For those cases that are not available online by the end of the work day
but are of media interest, court staffers scan and make those cases available on their web site.
Oklahoma City
At the Oklahoma County Court, intake clerks place all of the day's new petitions into a central
basket by 3: 15 p.m. Petitions placed in the basket have been date stamped, but have not been
fully docketed - only indexed, A member of the clerk's staff then provides the petitions to
Courthouse News' reporter, and the reporter. i~irt#ructed to sign the back of each petition to
.
,
Media Access to Courts Around the Nation
#62747 y I sar

Page 9

Exhibit 2
Page 46

ensure that she has seen them all. After she has completed her review of the petitions in the
basket, Courthouse News' reporter is permittedto review any further petitions that have been
filed, indexed and placed in the basket after 3: 15 p.m. The reporter may request copies of
petitions at a rate of $1.00 for the first page and 50 cents for all subsequent pages.
Omaha

At the Douglas County District Court, new complaints are filed in paper form and then added
to an internal computer database that is updated live When a new case is received and indexed.
Courthouse News' reporter reviews, the index information for relevant cases on a courthouse
computer terminal and a filing clerk retrieves.the complaints he requests before they have been
fully processed or scanned. Courth~us~ News' +eporter can review the new complaints on the
day offiling in the public area of the clerk's office and is free to make copies on public
machines.
Orlando

At the Ninth Judicial Circuit Court, Courthouse News' reporter reviews hard copies of newly
filed complaints at a designated desk behind the counter. The staff places new complaints that
have not undergone any processing (i: e., docketed, jacketed or assigned a case number) near the
reporter's desk each day for same-day viewing. Since some complaints have been docketed by
the time Courthouse News' reporter arrives, these complaints are placed in a separate pile for
the reporter's review before they are moved to a separate desk for scanning by 4 p.m. In
addition, Courthouse News' reporter is permitted to review e-filed complaints and complaints
that have been docketed and scanned by the time the reporter arrives on a same-day basis using
one of the Clerk's terminals located behind the counter.
At the United States District Court for the Middle District of Florida in Orlando, where
electronic filing is mandatory, the court posts the majority of new civil filings to PACER on the
same day they are filed.

i/ 'Palm' .Beach
J'

In the Palm Beach County Circuit Court, members of the press review new civil cases at the
intake counter at 4 p.m. on the day they are filed. The new cases are given to the press as a
stack of folders.
Phoenix
At the Maricopa County Superior Court in Phoenix, Arizona, court staff recently implemented
new procedures to ensure same-day access to civil complaints filed at its downtown location.
Under the new procedures, court staff scan and upload for electronic viewing all complaints
filed before 3 p.rn., which are then made available on a designated press computer located in
the Customer Service Center for Courthouse News' reporter to review and, if necessary, print.
Complaints filed between 3 and 5 p.m. are immediately placed in a bin at a designated intake
window in the Central Court Building, where Courthouse News' reporter may review those
complaints between 4 and 5 p.m.
Media Access to Courts Around the Nation
#62747 vi saf

Page )0

Exhibit 2
Page 47

Pittsburgh
At the Allegheny County Court of Common Pleas in Pittsburgh, Pennsylvania, where the Court
has implemented an internally operated electronic filing system, nearly all of the day's new
filings are available on-line on a same-day basis. Complaints not posted to the court's website
on the day of filing are made available the following day,

In the United States District Court for the Western District of Pennsylvania, where electronic
filing is mandatory, Courthouse News' reporter has been provided with an "MC" case number
code for PACER that allows her to view the new filings before they are docketed,
Portlanl!
At the Multnomah County Court in Portland, Courthouse News' reporter is given a stack of the
current day's newly filed complaints, which she reviews at a cubicle behind the counter. The
reporter can make any needed copies herself using her own portable scanner.
,
. .
At the United States District Court for the District of Oregon, Courthouse News' reporter first
searches for newly filed complaints through the court's "electronic in-box," which is available
on a public access terminal at the courthouse and contains those complaints that the clerks have
scanned but not yet processed and posted to PACER. She then searches for processed
complaints on PACER, which are also available at a public access terminal at the courthouse.
Finally, the clerks give Courthouse News' reporter paper copies of those complaints that have
not yet been scanned and posted either to the electronic in-box or to PACER. The clerks will
also review the court's record book with Courthouse News' reporter at the end of the day to
make. sure that no filings have been missed,
.
Riverside
,
At the Superior Court for the State of California) County of Riverside, new complaints are
scanned and made available for electronic viewing via the Court's web site and at computer
terminals in the courthouse. The press had been experiencing delays in access for years until a
new clerk, formerly from the United States District Court for the Central District of California,
came on board. The clerk found that same-day access could be achieved simply by shifting the
schedules of the personnel who scan complaints so that they begin and end work later in the
day, thus ensuring that new complaints would be made available for electronic viewing on a
same-day basis.
.":
f·

St. Louis
At the St. Louis City Circuit Court in Missouri, Courthouse News' reporter goes to the intake
window where cases are filed and clerk's office staff members hand the reporter a stack of new
cases filed that same day. Courthouse News' reporter works at the counter next to the intake
window; however, members of the media can also work at a table near the window, Staff
members in the clerk's office will provide members of the media with copies of newsworthy
new cases free of charge.
.
.
Media Access to Courts Around the Nation
#52147 vi saf

Page II

Exhibit 2
Page 48

At the United States District Court for the Eastern District of Missouri, where new complaints
must be electronically filed, each case is assigned a case number upon filing by the attorney
and is inunediately made available on PACER, even if it has not been fully reviewed and
processed. Courthouse News' reporter is able to view the new complaints on a computer
terminal in the clerk's office and print out copies for a small fee.
San Francisco
At the Superior Court of Cali fomi a for the County of San Francisco, news reporters are allowed
behind the counter into the stacks to review unlimited numbers of new filings after providing a
driver's license and filling out a temporary name tag. The number of new filings per day
varies, but often exceeds 50. Courthouse News views new complaints regardless of whether
they have been fully processed. San Francisco Superior has established a written protocol for
members of the press. The key provisions are quoted below:
If media personnel want to review files already on the shelves, they can pull
these files themselves and return them to the shelves.
All new filings will be held in a Media Box during the day. Between 3:00 and
4:30 each day, this box will .be available to the media for viewing in the Records
department, whether or not 't~e cases have been entered in the computer. At
4:00 PM, when the office closestothepublic, media personnel may ask to view
any additional filings that may have come in since 3:00 PM.' The Records
supervisor or an assigned clerk will retrieve those files for the media to view.
Any member of the media viewing new filings must return them to the box for
eventual return to the Records supervisor or assigned clerk.
Media personnel may come in anytime before 3:00 PM to view new filings.
However, they will only be viewing cases newly flied up until that time.
Copy machine from the second floor Media Room will be moved to Room 103
and located behind the Records department. This machine belongs to
Courthouse News Service, but has been made available to all media personnel
for their use.'
.
At the San Francisco Division of the United States District Court for the Northern District of
California, reporters go behind the counter and review actions filed that same day, regardless of
whether the complaints have been fully docketed or posted on PACER. They are also
permitted access to the so-called "transfer boxes" of new actions being sent to different
divisions of the court, and are provided with a copy of the intake log. Reporters are permitted
to make copies of cases they determine to be n~wsworthy using a portable scanner.
, .

At the Santa Clara County Superior Court in San Jose, California, the Court recently
implemented new procedures to ensure that reporters receive same-day access to the vast
Media Access to Courts Around the Nation
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Page 12

Exhibit 2
Page 49

,""

r>

".

majority of each day's new civil unlimited jurisdiction complaints. Under those procedures,
civil unlimited complaints are made available to Courthouse News reporter upon receipt of the
filing fee, the assignment of a case number, and the assignment of a first status conference date,
even though processing of the new complaint is far from over at this juncture. Complaints that
are filed over the counter by 3:30 p.rn. are made available to Courthouse News' reporter on the
same day they are filed, All unlimited jurisdiction complaints that are in the drop box by 4:00
p.rn, are also made available to Courthouse News on the same day they are filed. Unlimited
jurisdiction complaints that are filed oyer the counter between 3:30 p.m, and the clerk's office
closing at 4:00 p.m, have been designated as staff priority, and the court endeavors to make
them available for review onthe same day they 'are filed. Courthouse News' reporter is
permitted to remain at the court until 4:30 p.rn., one half-hour after closing, to review late-filed
cases. The court makes copies of complaints as requested by the reporter.
1

a

At the San Jose Division of the United States District Court for the Northern District of
California, clerks print out a list of all new complaints filed earlier that clay. Reporters go
behind the counter, obtain complaints from individual clerks' desks, report on and scan any
newsworthy complaints, and then return the complaints to the clerks' desks.

At the King County Superior Court, Courthouse News' reporter is provided with a docket sheet
print-out of new cases two times per day - once at 11 a.m, and again at 3 p.m. The II a.m. list
includes all cases that have been filed from 3 p.m, on the previous day through 11 a.m. on the
current day; while the 3 p.m. list includes new cases that have been filed from 11 a.m. to 3 p.m.
that day. The reporter reviews each list to find relevant cases, then searches for and views new
complaints on a computer terminal at the courthouse. She is able to print out relevant
complaints for 15 cents per page.
Tiimpa
-,

,

I"

'!
"

At the Hillsborough County Circuit Court, new complaints that are hand-filed in the main
courthouse are made available for review by reporters at the end of the day they are filed. Most
complaints are scanned by court staff and made available on the court's public access terminals
for review. Those complaints that are not scanned and available on the public access terminals
by 4 p.rn. are provided in paper form for news reporters, who have until the court closes at 5
p.m. to review those late-filed complaints.

Media Access to Courts Around the Nation"""
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Page 13

Exhibit 2
Page 50

EXHIBIT 3

Superior

Court 0/ Cal40rnia

COUNTY OF VENTURA
Hall of Justice
800 South Victoria Avenue
Ventura, CA 93009

'

Michael D. Planet
Executive Officer/Clerk
and Jury Commissioner

July 11, 2011
Rachel Matteo-Boehm
Holme Roberts and Owen LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105
Re: Media Access to New Complaints
Dear Ms. Matteo-Boehm:

I am writing in response to your June 20, 2011 letter regarding media access to new
complaints at the Ventura Superior Court.
As you have noted, the Court has met and spoken with you and representatives of Courthouse
News Service several times over the past couple of years to both explain the Court's serious
resource shortages as a result of budget reductions, and steps that could reasonably be taken
to make new complaints available to the media. The budget recently signed by the Governor
imposes even more drastic reductions to the Courts, which makes it even more dlfflcult to
provide same-day access to new filings. '
'
While I appreciate the Courthouse News Services' interest in same-day access, the Court
cannot prioritize that access above other priorities and mandates. Further, the Court must
ensure the integrity of all filings, in.cluding new filings, and, cannot make any filings available
until the requisite processing is completed. We will continue to make every effort to make new
filings available as early as is practicable given the demands on limited court resources,

Si~i~
Michael D, Planet
Executive Officer
MDP/vjb

Mailing Address:

P.O. Box 6489, Ventura, California

93006-6489

Exhibit 3
Page 51

EXHIBIT 4

••
SAN FRANCISCO

BOULDER

Holme Roberts & Owen lLP
Attorneys at Law

August 2, 2011
Michael Planet
Court Executive Officer
Ventura County Superior
800 South Victoria Ave.
Ventura, CA 93009
Re;

Court

IYfedia Access to New Cornplaint~

COLORADO SPRINGS

Dear Mr. Planet:

DENVER.

DUBLIN

LONDON

On behalf of Courthouse News Service, we write to briefly respond to your assertion, in
your July 11,2011 letter, that budgetary difficulties prevent the Ventura County Superior
Court from providing the media with timely, same-day access to newly-filed civil
unlimited jurisdiction complaints.
Respectfully, our experience working with other courts shows that providing prompt media
access to new civil complaints - fundamentally, the simple act of letting reporters see the
new complaints that, because they are newly-filed, are already centrally located in the
intake area -need not involve any extra expense or staff time beyond the de minimis effort
of handing a stack of complaints to a reporter (and even that de minimis effort can be
eliminated if a credentialed reporter is simply allowed to go behind thecounter to pick up
the stack, as reporters do at the federal district court in San Francisco, for example).
Indeed, it has been our experience that providing
on the part of the court and its leaders,

prompt access is largely a matter of will

LOSANQELES

SALT LAKE CITY

For example, at the San Francisco Superior Court and Santa Clara County Superior Court,
new filings are placed in a media box, available to news reporters for v.iewing whether or
not those complaints have been fully docketed. In the past, in San Francisco, reporters
gathered the complaints from the intake window and put them in the box, actually saving
some work for the court. Courthouse News has also observed that the de minimis staff
effort required to administer this type of "review box" is much less than the substantial
effort involved when staff are required to track down fully processed complaints for press
-review, as is currently the case in Ventura County, State courts in Alameda, Los Angeles
and Riverside also provide same day access to the press. AU four federal courts in
California provide the media with same-day access to new civil complaints without undue
expenditures of staff time or expense,

Rachel Matteo-Boehm

415.268.1996

[e-mail]

560 Mission Street, 25th Floor San Francisco, California 94105·2994 tel 415,268.2000

fax 415,268.1999
#M769 vi 'Of

Exhibit 4
Page 52

Holme Roberts & Owen UP
Attomeys at Law

Michael Planet
August 2,2011
Page 2
At bottom, press access only results in increased costs where the court imposes the
requirement of complete processing before providing access. But newly filed complaints
become public records upon filing, and this status is not contingent on the court having
first completed processing. We must therefore respectfully but firmly disagree with your
assertion that providing timely access can only be accomplished at a monetary cost to the

Court.

...:"

'

Sincerely,

tf;ttlE'lUeIvlRachel Matteo-Boehm
cc:

The Honorable Vincent O'Neill, Jr., Presiding Judge
Courthouse News Service

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Exhibit 4
Page 53