Family Law Case File
Q: For months I was not allowed access to my family law case file. Couldn’t even get a copy of the docket sheet. Finally got some of it. There is significant wrong doing in my case on the part of many. I have found evidence of altering of some court documents. I have an open investigation at Commission on Judicial performance who has asked for some court documents from me to accompany additional info.
I have requested in writing from courthouse records a certified copy of my entire case file. 1 month went by and I called and I was told it would be a few weeks. I called again and told it could be “months” and was refused any date for completion. Also of note, I was told that since I was on a fee waiver that I was of lowest priority to have my request filled in a timely fashion.
I am pro se. I cannot find any statutes that govern this and/or timelines or deadlines that can be applied to court house to prompt them to give me what I have requested. Additionally it appears I am being discriminated against since I have no money and on a fee waiver. I imagine they assume I have no money to afford an attorney so they will just keep ignoring my request. There should be some kind of law for this. Is there?
A: Typically, the public is entitled to access court records. Sometimes court records are sealed, in which case you can file a motion to unseal them, and some records — particularly those relating to juveniles — are considered confidential. Assuming the records you seek are not sealed and do not fall under certain categories protected from disclosure (e.g., juvenile court records). In NBC Subsidiary (KNBC-TV) v. Superior Court, 20 Cal. 4th 1178, 1208-09 n.25 (1999), the California Supreme Court stated that there is a constitutional right of access not only to civil proceedings, but also to pleadings filed in civil cases. In a California decision quoted by the Supreme Court with approval, the Court of Appeals explained that “[b]oth the federal … and the state … Constitutions provide broad access rights to judicial hearings and records. A lengthy list of authorities confirms this right in general . . . both in criminal and civil cases.” Copley Press, Inc. v. Superior Court, 6 Cal. App. 4th 106, 111 (1992) (quoted in part in NBC Subsidiary, 20 Cal. 4th at 1208 n.25).
With respect what you can do to gain access to the records you seek, if you have not already done so, you might try putting your request in writing, being specific about each of your past requests for the records, as well as the response you have received from the court. You may also want to cite the authority mentioned above. If you still do not receive the records you seek, one option would be to inform the press about the court’s delays and the fact that court personnel has told you that you that are the “lowest priority” since you are on a fee waiver. If these options fail, you may be able to commence litigation, as a last resort.