Mining Court Dockets is a Valuable Journalistic Skill

Court dockets serve as valuable resources for journalists seeking factual information and story ideas within civil lawsuits. These records document the entire progression of a litigation, including court rulings, key filings, and notices of court hearings. With the increasing accessibility of online portals like PACER (Public Access to Court Electronic Records), journalists can efficiently navigate federal court dockets.

In a recent webinar hosted by The Journalist's Resource, attorney Eugenie Reich, a former investigative reporter turned whistleblower attorney, shared her insights and tips for effectively extracting information from court dockets. 

FIRST—FAMILIARIZE YOURSELF WITH COMMON JARGON AND THE TYPES OF DOCKETS YOU MAY COME ACROSS

 Understanding legal terminology and the types of documents found within court dockets is essential. Legal arguments are subjective interpretations of the law presented by lawyers on behalf of their clients. Motions are formal proceedings to introduce evidence, exclude evidence, amend charges, or to dismiss cases. In order for a motion to dismiss to be honored, the attorney filing the motion must present an argument that focuses on the legal viability of the case—meaning, is this case eligible to be tried in a court of law based on precedent and current legal restrictions?. However, even if a case is dismissed, these cases may warrant journalistic attention. Motions for summary judgment are where one party claims there are sufficient facts for the court to make a judgment without a jury trial. Statements of material facts and the exhibits attached to them, including expert testimony, evidence, and affidavits, foreground the case using factual evidence presented by the lawyers trying the case in order to build the involved parties' credibility.

SEEK ASSISTANCE FROM LAWYERS NOT INVOLVED IN THE CASE WHO CAN HELP INTERPRET INFORMATION

When dealing with complex dockets spanning several years and multiple motions, it is beneficial to consult with lawyers who specialize in relevant areas of law (but are not directly involved in the case, as this breaks Bar Association ethics and could result in a mistrial). Journalists cannot be expected to learn the ins and outs of legal procedures in a few minutes when it takes lawyers three years of law school and testing. To find parties willing to help, check out local law school faculty members, nonprofit organizations, and law firms in order to gain valuable insights and clarity regarding information within public records.

GO TO COURT AND SIT IN ON A HEARING

Attending court hearings, either in person or online, can provide valuable insights beyond what is available in transcripts. Transcripts may take time to become available online, and certain information may be redacted. Also, transcripts are devoid of human emotion or tone. Monitor court calendars and head to specific hearings that may be similar to the case you are investigating–it will help you interpret data later on.

LEARN HOW TO FILE MOTIONS TO OVERCOME OBSTACLES

It is not uncommon to encounter sealed information within court dockets, as civil lawsuits can be temporarily sealed for various reasons. Sealing allows government authorities to investigate potential legal wrongdoing before making details public. Although sealed cases or documents are not accessible through PACER, news outlets and journalists can file motions to unseal them partially or entirely. Consult with your legal resources to find if filing a motion to unseal is possible or worthwhile. If not, cases will usually become unsealed once the government has finished ethical investigations into the sealed court proceeding.

GO TO ZOOM COURT

Thanks to COVID-19, many courts countrywide have transitioned to online hearings and have continued that practice out of convenience. This makes attending court hearings much less of a hassle, and legally all hearings are open to public audiences unless a motion for closure has been completed. Court staff can assist in obtaining links to access live hearings, and will have information on whether hearings are open or closed..

CLOSED CASES HAVE STORIES TOO

Even if a case is settled or decided, the factual information that emerges during a trial can still be valuable for journalists. The outcome of a case does not diminish the relevance of facts discovered through court proceedings. Closed cases often contain affidavits, attachments, and other documents that can serve as sources for follow-up stories or provide leads for future investigations—and in some cases have led to new convictions or exonerations.

Court dockets can provide a wealth of information for journalists, should journalists refine their approach first. Both small and press-stopping stories can be mined from a simple transcript and a thorough examination of evidence and can uncover things that would be in the public’s best interest to know about. Though there are some obstacles on the way to uncovering that information, a thoughtful plan of attack will streamline this process—and the rewards will be great.