Access to court records
The 1st Amendment, and common law, govern access to litigation-related court records, not FOIA
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Courthouse News Service v. Hade (federal district court)
The Virginia Officer of the Court Remote Access electronic case file system of circuit courts maintained by the Office of the Executive Secretary of the Supreme Court of Virginia does not violate the First Amendment rights of access to court records, even though it is limited to use by Virginia-licensed attorneys, their staff and related government…
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In Re: Honorable Adrianne L. Bennett (SCOVA)
In Re: Honorable Adrianne L. Bennett The Virginia Supreme Court rules, 4-2, that the exhibits a judge filed in the Supreme Court along with a petition for mandamus should remain under seal, though the rest of the papers filed in the case, and the order sealing all the files should be unsealed. (The dissent reveals…
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AG informal opinion on OCRA
An assistant AG offered an informal opinion to the Prince William Circut Court clerk that nothing in the statutes governing remote access to non-confidential court files barred clerks from granting such access to the press.
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CNS v. Schaefer (4th Circuit)
In ruling in favor of Courthouse News Service, the 4th U.S. Circuit Court of Appeals ruled June 24, 2021, that the clerks of the Norfolk and Prince William County circuit courts violated the press’ First Amendment rights by delaying access to newly filed civil complaints.
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Attorney General Opinion 13-036
New law (effective date July 1, 2013) restricting access to concealed weapons permits is retroactive, and declares that court orders granting permits must be blocked from access, too.
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Daily Press v. Commonwealth
Virginia Supreme Court rules that Newport News judge wrongly sealed trial exhibits.
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Perreault v. The Free Lance-Star (Va. Supreme Court)
The settlement terms of several wrongful death lawsuits brought in Spotsylvania County against a pharmaceutical company must be disclosed publicly and cannot be sealed in the court records, the Virginia Supreme Court ruled. The unanimous opinion upholds a circuit court ruling that it was improper to permit the suits to be settled without the details…
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Ostergren v. McDonnell (federal district court)
Virginia law barring people from posting Social Security numbers on the Internet is unconstitutional as applied to a privacy advocate’s Web site as it existed at the time of the lawsuit.
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Zaleski v. Judicial Inquiry and Review Commission
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND Allan D. Zaleski, Plaintiff v. Judicial Inquiry and Review Commission, Defendant CH03-1603-3 OPINION AND ORDER The parties appeared for argument on the demurrer to the bill of complaint. Proceeding under the Virginia Freedom of Information Act, plaintiff seeks disclosure of an advisory opinion given by Counsel…
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Attorney General’s Opinion 2002 #116
a circuit court clerk may not decline to record a deed of trust that contains the grantors social security number. It is also my opinion that the clerks modification of a deed of trust offered for recordation may expose him to liability.
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Attorney General’s Opinion 2002 #095
two United States Supreme Court decisions you reference are not applicable to whether a circuit court clerk has a duty to provide public access to digital copies of the courts database of judicial or court records. It is my opinion that there is a presumption of openness of court records that has its origins in…
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Smith v. Richmond Newspapers
Present: All the Justices YVONNE G. SMITH v. RICHMOND NEWSPAPERS, INC., ET AL. Record No. 000337 January 12, 2001 FROM THE CIRCUIT COURT OF HENRICO COUNTY George F. Tidey, Judge OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. In this appeal, we consider whether audio tape recordings of a felony criminal trial are open to inspection…
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FOI Advisory Council Opinion AO-15-00
Information regarding access to court records, specifically divorce records, is outside the scope of FOIA.
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Attorney General’s Opinion 2000 #031
A circuit court clerk may provide access to case management data through the Internet.
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Shenandoah Publishing House v. Fanning
Shenandoah Publishing House Inc. v. Fanning, 368 S.E.2d 253, 235 Va. 253 (4/22/1988) Virginia Supreme Court SHENANDOAH PUBLISHING HOUSE, INC. v. VIRGINIA K. FANNING, EXECUTRIX, ETC., ET AL. Appeal from a judgment of the Circuit Court of the City of Winchester. Hon. Henry H. Whiting, judge presiding. James L. Berry for appellant. Phillip C. Stone…
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Charlottesville Newspapers Inc. v. Berry
Charlottesville Newspapers Inc. v. Berry, 206 S.E.2d 267, 215 Va. 116 (6/19/1974) Virginia Supreme Court CHARLOTTESVILLE NEWSPAPERS, INC., DOUGLAS PARDUE, AND BENJAMIN F. CRITZER v. DAVID F. BERRY, JUDGE OF THE CIRCUIT COURT OF ALBEMARLE COUNTY Upon a Petition for a Writ of Prohibition and Mandamus. John C. Lowe (Edward L. Hogshire; Lowe & Gordon,…