A Comprehensive Guide for Journalists on Accessing Courts and Court Records
Journalists play a crucial role in providing accurate and timely information about legal proceedings. Accessing court documents and attending court proceedings are essential for investigative journalism and comprehensive reporting. However, the challenges one might face while trying to access these documents are not intuitive—some challenges are as simple as bringing the right coins for the photocopier.
TIPS FOR ACCESSING OR ATTENDING COURT PROCEEDINGS
Be prepared to study and exercise your rights: Before attending a court proceeding, check with the clerk's office to determine if any motions have been filed to close the proceedings. If there is a pending motion, consider seeking legal assistance to oppose it. If the judge closes the proceedings while you are present, be prepared to object to the closure on the spot and have done your research so that you have grounds for your objection. Familiarize yourself with courses of action available if you are denied access, which are listed here.
Remember that being cordial will get you far: Court decorum is crucial, so maintain a calm demeanor and show respect to judges and court personnel. If asked to leave the courtroom, comply, and seek legal help to plan your next steps to avoid fines or, in some extreme cases, contempt charges.
Be mindful of any restrictions: While you may attend most judicial proceedings, there are often restrictions on tools for note-taking or recording. Here is a guide to the legality of recording any type of courtroom proceeding.
TIPS FOR ACCESSING COURT RECORDS
Check for online access: Some courts provide online access to court records. The PACER (Public Access to Court Electronic Records) system offers access to the majority of federal court records, although it is not free to access. The RECAP Archive provides unofficial copies of federal court filings for free. Individual state courts vary in providing online access, particularly at the trial court level. Some courts publish decisions on their websites, and free services like Google Scholar can also be useful. If online options are not available, visit the courthouse in person to request physical copies of the documents. Some records are not available at all, or are subject to closed hearings—in some cases, journalists may be able to file a motion to stop those records from being sealed.
Identify the right court: Research and identify the specific court handling the case(s) you are interested in before visiting the courthouse. When you arrive, head to the clerk's office, keeping in mind that civil and criminal cases may have separate clerks. Assistant clerks at the desk can assist you with your request. Also make note if you are in a district court or an appellate court, as each can have different rules for how journalists are allowed to interact with the proceedings.
Be clear in your request: Draft a clear description of the records you want before visiting the courthouse. Be as specific as possible in order to give the judge and the clerk the clearest picture of how you will be involved in the case. If interested in a particular case, try to obtain the assigned docket number beforehand. This information can often be found online, especially if others have already written about the case. Problems may arise during the process, such as delays in locating records or information being covered by exemptions. Be flexible and willing to revise or narrow your request if necessary—some information is better than no information.
Prepare to rifle through paper: Unless a court file is sealed, you should be able to review original documents at the courthouse. However, official copies cannot be removed, and free copies are unlikely to be available. Photocopiers can usually be used to print records for your personal documentation, but infrastructure in courthouses is generally old, and these copiers may require coin payment in nickels, dimes, or quarters so bring a stash of change with you when you go.
