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10-11-11 Public Access to Judicial Records at the US District Court – Calendars and Docket Activity Reports
Table 1
:
Public access to Judicial Records – Calendars and Docket Activity Reports
The Calendars of the courts are some of the oldest “Books of Courts” – public records by Common Law and First Amendment rights, which are considered critical in enabling the public to “keep a watchful eyes” (
Nixon v Warner Communications, Inc
, 1978) on integrity of the courts. Public access to the Calendars was denied in many of the US district courts, which were inspected. The Docket Activity Reports are likely considered critical public records in the safeguard of integrity of the courts. Public access to the Docket Activity Reports was likewise often denied. Moreover, review of PACER and CM/ECF – systems, which were implemented nationwide by the Administrative Office of the US Courts – shows a pattern of denial of public access to judicial records among the various US district courts, which is arbitrarily and capriciously. Out of the 95 US District Courts, 22 were examined:
•
In call courts, which were examined access is denied to Criminal Judgment/Conviction/ Sentencing Index – a cause of particular concern.
•
The Georgia Northern District Court also denies public access to the Civil Judgment Index – another fundamental “Book of Court”.
•
Among the 4 US District Courts in California, the California Central District is distinguished by denying public access to both Calendar Reports and Docket Activity Reports. All three other courts permit public access to both.
•
Alabama Northern (but not the two other Alabama District Courts), Alaska, and the Georgia Northern and Middle District Courts, likewise, deny public access to both Calendar Reports and Docket Activity Reports.
•
Additional reports where public access was at times denied: Parent Corporation Report, Statuses Pending Report, Case File Location
•
In some courts unusual case number designation practices were found:
o
The Illinois Central District is using an unknown case numbering system, different from all other US District Court, which were inspected, and which hinders easy public access to case files.
o
The US District Court, Arkansas Western uses case numbering and sealing pattern that defy logic.
o
In the Massachusetts District Court a case filed in 2003 was numbered 10-00000.
# US District Court Calendar Events Report: Civil/Criminal Docket Activity Report: Civil/Criminal Comments
1. Alabama Middle YES/ YES YES/ YES i. Access to Corporate Parent Report is denied 2. Alabama Northern NO/ NO NO/ NO i. Access to Corporate Parent Report is denied 3. Alabama Southern YES/ YES YES/ YES i. Access to Corporate Parent Report is denied 4. Alaska NO/ NO NO/ NO i.Access denied to Corporate
Digitally signed by Joseph Zernik DN: cn=Joseph
Zernik, o, ou, email=jz12345@earthlink.net, c=US Date: 2010.11.11 23:09:04 +02'00'
Page 2/54 November 11, 2010
Parent ii. Access denied to Deadlines/ Hearings 5. Arizona YES/ YES YES/ YES i. Access denied to Corporate Parent Report ii. Access denied to Case File Location 6. Arkansas Eastern YES/ YES YES/ YES i. Access denied to Corporate Parent Report 7. Arkansas Western YES/ YES NO/ NO i. Access denied to Corporate Parent Report 8. California Central NO/ NO NO/ NO i. Access Denied to Deadlines/Hearing Report ii. Access denied to Filers Report 9. California Eastern YES/ YES YES/ YES i. Access denied to Corporate Parent Report 10. California Northern YES/ YES YES/ YES i. Access denied to Corporate Parent Report 11. California Southern YES/ YES YES/ YES i. Access denied to Corporate Parent Report 12. Colorado YES/ YES YES/ YES i. Access denied to Corporate Parents Report 13. Connecticut NO/ NO YES/YES i. Access denied to Corporate Parents Report 14. Delaware NO/ NO YES/YES i. Access denied to Corporate Parents Report 15. District Of Columbia YES/ YES YES/ YES i. Calendars provided both Daily and Calendars of Events! 16. Florida Middle YES/ YES YES/ YES i. Access Denied to Corporate Parents Report ii. Access Denied to Statuses Pending Report 17. Florida Northern YES/ YES NO/ NO i. Access denied to Corporate Parents Report 18. Florida Southern YES/ YES NO/ NO i. Access denied to Corporate Parents Report 19. Georgia Middle NO/ NO NO/ NO i. Access denied to Corporate Parents report ii. Access denied to Status Report 20. Georgia Northern NO/ NO NO/ NO i. Access denied to civil Judgment Index!!! 21. Georgia Southern 22. Guam 23. Hawaii 24. Idaho 25. Illinois Central YES/ YES YES/ YES i. Access denied to Corporate Parents report 26. Illinois Northern 27. Illinois Southern 28. Indiana Northern 29. Indiana Southern 30. Iowa Northern 31. Iowa Southern 32. Kansas 33. Kentucky Eastern 34. Kentucky Western 35. Louisiana Eastern 36. Louisiana Middle 37. Louisiana Western 38. Maine 39. Maryland 40. Massachusetts YES/ YES YES/ YES i. Access denied to Corporate Parent Report ii.Access denied to Case File
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Location Reports iii. Case filed in 2003 numbered 10-00000 41. Michigan Eastern 42. Michigan Western 43. Minnesota 44. Mississippi Northern 45. Mississippi Southern 46. Missouri Eastern 47. Missouri Western 48. Montana 49. Nebraska 50. Nevada 51. New Hampshire 52. New Jersey 53. New Mexico 54. New York Eastern 55. New York Northern 56. New York Southern 57. New York Western 58. North Carolina Eastern 59. North Carolina Middle 60. North Carolina Western 61. North Dakota 62. Northern Mariana Islands 63. Ohio Northern 64. Ohio Northern (asbestos) 65. Ohio Southern 66. Oklahoma Eastern 67. Oklahoma Northern 68. Oklahoma Western 69. Oregon 70. Pennsylvania Eastern 71. Pennsylvania Middle 72. Pennsylvania Western 73. Puerto Rico 74. Rhode Island 75. South Carolina 76. South Dakota 77. Tennessee Eastern 78. Tennessee Middle 79. Tennessee Western 80. Texas Eastern 81. Texas Northern 82. Texas Southern 83. Texas Western 84. Utah 85. Vermont 86. Virgin Islands 87. Virginia Eastern 88. Virginia Western 89. Washington Eastern 90. Washington Western 91. West Virginia Northern 92. West Virginia Southern 93. Wisconsin Eastern 94. Wisconsin Western 95. Wyoming