Does FOIA Cover Court Records? No, Court Administrators Say

The Virginia Supreme Court's Office of the Executive Secretary has repeatedly refused a request from the Daily Press to release its compilation of case records from most of the state's circuit courts.

 

  The records sought compiles summary information about almost every circuit court case in the state.

 

  For criminal cases, it includes the defendant's name, the charges and what the judge decided. It includes information about when a criminal offense occurred, when a defendant was arrested and whether the original charge was reduced. 

 

  The office believes the record is not subject to the Freedom of Information Act. FOIA exempts records that court clerks are required by law to keep, but the office is not a clerk and the state law does not mention the compilation of the case records.

 

  Despite repeated requests, the office would not say what section of the Code of Virginia says the database is a record that court clerks are required to keep.

 

  An Office of the Executive Secretary spokeswoman, Kristi S. Wright, said that because the information is available by search, one case at a time, the office does not need to provide its record compiling that information.

 

  "Our position is that these records are exempted from the Virginia Freedom of Information Act. These are public records and are currently available to you, but not in the statewide and searchable format you want them," Wright said. "Access to information regarding the cases heard in Virginia's courts may be obtained through attendance of public court proceedings, review of the public paper records maintained in the paper case files, and review of case information available both online and at public access terminals in clerk's offices."