Accessing Closed Court Records: Authoring Book
Q: I am an author working on a book on the history of “phone phreaking.” (Phone phreaks were people who played with the telephone system — you can think of them as the precursors to today’s computer hackers.) I am attempting to obtain a copy of a civil suit and supporting materials filed in Los Angeles Superior Court in 1975. I recently wrote to the clerk of the court to obtain a copy and was sent back a photocopy of what looks like an index card, on which is handwritten: “This file is ordered sealed and to be held in the C/F filing cabinet, at the filing window, any request to see file should be directed to DOC or ADOC.” So, it looks like the file was sealed by court order. I don’t know the details behind its sealing. It is possible, even likely, that some of the defendants were minors at the time the lawsuit was filed.
Since that time the first named defendant has passed away; I don’t know if any of the other defendants are still alive, or even if that would matter to the court.
Any advice as to how to proceed to get access to the records? If I wanted to hire an attorney to file a motion to unseal, is that likely to be successful, and any estimate for how much that might cost? Can you think of other avenues of approach?
A: If the records you seek are sealed, it will be necessary to ask the judge for an order granting access to the records. In California, records can only be sealed if a court finds (1) an overriding interest that overcomes the right of public access to the record; (2) that the overriding interest supports sealing the record; (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. See California Rule of Court 2.550. If the records were sealed because the matter involved juveniles, the subsequent death of the juveniles might weigh in favor of disclosure. See Pack v. Kings County Dept. of Human Services, 89 Cal. App. 821 (2001). Although you might want to see what kind of assistance you can get directly from the court — as you appear to have already done — you may ultimately find it helpful to engage an attorney to help you access the records.
As for the cost of hiring an attorney, that could vary by such a wide amount that I don’t want to give you any range. You might try submitting a request to CFAC’s on-line Lawyer’s Assistance Request Form at https://firstamendmentcoalition.org/lawyers-assistance-request-form/.