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by chaps
1587 days ago
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Mixed feelings on this, and a lot of it unfortunately stems from these systems requiring access in-person only as well as courts generally being inaccessible through FOIA. Had these records been available through FOIA from the beginning, for example, then these records would have gone through a review/redaction process. But, they're being released now, which can many ways be seen as a reaction to the lack of access to this information, generally. The extensive overuse of courts for non-violent cases definitely doesn't help either. As a researcher, there are deep problems with the inaccessibility of court information in that it prevents the general public from learning about systemic issues, for example identifying extensive abuse by judges (singular, or in a group), or identifying whether bail is applied uniformly. I don't know what the solution is and things get trickier the more you look at them. Restrictive access isn't a perfect answer, since it allows gatekeeping of those critical. Having talked with lawyers who have access, they basically have to keep completely out of public spot light while they have restrictive access, at the fear of losing it. And our massive systems around incarceration have shown themselves as being uninterested in providing information to those who are critical of them. We've dug ourselves into a pretty deep hole. |
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FOIA doesn't apply for two reasons. One is like you say - many court documents are considered privileged and not subject to FOIA (which I agree has many issues around things like complaints). The other is that documents that are publicly available like this don't need to be requested through FOIA since they are already available.
I can go to my state's website and get the same information as on this site. The thing this site does is allow you to search all state's for free. There are plenty of sites that will allow you to search for people like this, but they currently charge money.