Q: Recently the organization I work for had submitted and received a Public Records Act Request of all individuals who had been charged with gang enhancements. However, there is specific information we also need but must pull the Superior Court case file to obtain such as: age, race, location, etc. These documents are electronic so we are unable to use our scanner to make copies without incurring costs. The only other way of obtaining these items is by paying per copy. This would cost $5,000.
To save on those costs, I used my telephone to capture the images of documents needed to complete our form. I was told that I could not take pictures and was asked to hand over my phone so the images could be erased. I said I would erase the pictures but declined to give them my phone.
The sheriff was summoned. A judge’s order when dealing with public records limits the publics’ ability to obtain these records. You cannot scan. You can only pay for these records. What can I do?
A: It does sound as though the court or agency has provided you with access to the documents you requested – which is a good first step. As for being permitted to use your cell phone to take photographs of the records, in your California county, the Superior Court has a standing order barring the use of photography inside the courthouse without prior judicial approval.
As a next step, I would suggest that you contact the Superior Court Public Information Office and request permission to photograph the records or, in the alternative, for a waiver of fees. If you work for a non-profit organization. If that is the case, you should reference that fact in your request.
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