Sonoma County court delays, barriers to public criminal records a ‘nightmare’ for defense attorneys, the public
If you need a copy of a criminal record from the Sonoma County Superior Court to dispute a background check or get information on a relative’s case, you’ll be told to fill out a request form and wait a week or longer.
Meanwhile, across the courtyard at the civil and family clerk’s office, a noncriminal record will be printed out and handed to you on request.
Court officials gave conflicting explanations for the holdup in providing criminal court documents, some calling it a result of administrative challenges caused by the pandemic and others denying the policy exists or saying it has long been this way.
According to current and former employees, the policy change has worsened the staffing and COVID-19 exposure issues instead of improving them.
Defense attorneys and First Amendment advocates, meanwhile, say the delays are more than an inconvenience.
They’re hindering people’s efforts to move past convictions, obtain jobs and housing, understand their own cases or the cases of loved ones, and receive adequate legal representation, they say.
“The issue is this: it is a denial of access to justice that starts at the bare minimum with access to information that is public,” said Ryan Wilber, a Santa Rosa defense attorney.
After repeated inquiries from The Press Democrat, court officials began prioritizing media requests, but not for the general public. However, under California’s public records laws, there is no special privilege for journalists, who obtain records under the same law as the general public.
“The past two years have not been an ideal time for anyone,” Presiding Judge Shelly Averill wrote in an email in response to The Press Democrat’s questions. “We hope that court users will appreciate these difficulties and be patient with the employees they encounter as they continue to provide services as we rebuild our workforce.”
It’s not the first time the Sonoma County courthouse has been criticized by the public for transparency issues, including public notification of internal COVID-19 outbreaks and its cumbersome, oft-inaccurate online hearing schedule. But to some in the community, timely access to criminal records is of particular urgency.
“There is a First Amendment right at stake here,” said civil rights lawyer David Snyder.
‘A freaking nightmare’
Courts have a paramount duty to make public criminal proceedings and filings accessible, said Snyder, the executive director of the San Rafael-based First Amendment Coalition, which advocates for free speech and open government.
“A delay in access of this magnitude really amounts to a denial of access, and our Constitution makes clear that our court system is a public court system that the public has a fundamental right to oversee,” Snyder said.
In Sonoma County, people who want physical copies of criminal complaints, hearing minutes, motions, bail information, arrest or search warrants, judgments or other kinds of criminal records must submit a form in person or by mail to the criminal clerk’s office at the Hall of Justice.
Then, they generally must wait seven to 10 days (or more) before the records are produced. Customers can look up cases online on computers in the clerk’s office computers, but they cannot print them out.
District Attorney Jill Ravitch said she believes that a delay for the public of a week is a nonissue.
“In a world dominated by the click of a button, impatience is often found in many places where information is not immediately available, particularly when hampered by the impact of COVID,” Ravitch said in an email.
But while prosecutors in her office and other courthouse agencies have instant access to court documents through a special online portal, the rest of courthouse users — private defense attorneys, journalists, criminal defendants and their families — face limitations that amount to more than minor inconvenience.
“It is a freaking nightmare,” said Roy Miller, a local defense attorney and one of the most vocal critics of the court’s public records process. “Where in the past all you had to do is give them a case number and they charge you 25 cents (per page) and you’re done … now, being told it’ll be days and weeks, that’s absurd.
“The fact that they are not providing the information we need is making it harder for everyone to do what they need to do,” Miller added.
Miller said the obstacles obstruct his and other private attorneys’ ability to help clients when they take over an in-progress case or seek documents that are not available from opposing counsel in the discovery process.
But more pressing, he and others agreed, is the cascading fallout the delays can have for everyday people.
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