Greater access is needed

Published 9:45 am Wednesday, August 23, 2017

There’s no doubt in our minds that the criminal and civil records, along with the court orders, wills, deeds and other documents housed in Virginia’s circuit court clerk’s offices are public records.

Circuit court clerks are elected officials who work at the will of the people in their respective counties or cities. They’re the custodians of some of the most important documents to a jurisdiction, whether it be land records or judges’ orders regarding criminal matters.

As reported today, the Daily Press, a daily newspaper based in Newport News, filed a lawsuit against the Virginia Supreme Court’s Office of the Executive Secretary seeking access to a statewide database of all criminal and civil cases across Virginia.

The case went to the Virginia Supreme Court in April, resulting in a June ruling that circuit court clerks were the custodians of public records in the state’s court system, which, in other words, meant the Daily Press couldn’t access the database.

The newspaper wasn’t asking for special privileges in its request. It simply sought to make records, which are supposed to be public, open to the public in a more accessible way.

The ruling and stubbornness of many clerks of court across Virginia, along with the ruling by the Virginia Supreme Court, not only did a disservice to the Daily Press, but to the people of the Heart of Virginia.

However, as evidenced in our front page story, Lunenburg Circuit Court Clerk Gordon Erby noted his willingness to make records more accessible.

“We serve at the pleasure of the public and you’re going to find that most clerks are going to try to protect the public from intrusion by anybody. But, that being said, I’m not going to limit what information can be dispersed.”

We commend Erby’s willingness, and hope that other clerks of circuit courts and government officials take note of it.