Access to court records

The 1st Amendment, and common law, govern access to litigation-related court records, not FOIA

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.

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 by the public under Code § 17.1-208 and, if so, whether mandamus is the proper remedy to compel the clerk of the trial court to allow such inspection.

BACKGROUND

FOI Advisory Council Opinion AO-15-00

Information regarding access to court records, specifically divorce records, is outside the scope of FOIA.

Attorney General's Opinion 2000 #031

A circuit court clerk may provide access to case management data through the Internet.

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 (Ronald D. Hodges; Douglas G. Schneebeck; Wharton, Aldhizer & Weaver, on brief), for appellees Winchester, Memorial Hospital and H. George White, M.D.

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, on brief), for petitioners.

James E. Kulp, Assistant Attorney General (Andrew P. Miller, Attorney General, on brief), for respondent.

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