JIS Data Dissemination Committee

April 11, 2003

APPROVED MINUTES
JIS DATA DISSEMINATION SUBCOMMITTEE MEETING

Members Present:
Judge Kenneth Grosse, Chair, Division I Court of Appeals
Judge Glenna Hall, King County Superior Court
Judge James Heller, Pierce County District Court
Judge Kip Stilz, Thurston County District Court
Siri Woods, Chelan County Superior Court Clerk
Judge Thomas Wynne, Snohomish County Superior Court

Guests:
Laird Hail, Seattle Municipal Court
Jack Hinshaw, Financial Services Corp.
Don Horowitz, Chair of ATJ-TBOR
Diana Kramer, WNPA
Brian LeDuc, Judicial Information Network (JIN)
Barb Miner, King County Superior Court Clerk
Phil Roe, Financial Services Corp.
Nancy Talner, WACDL

AOC Staff:
Brian Backus
John Bell
Tom Clarke
Kathie Smalley
Nancy Sullins

Judge Grosse opened the meeting and introductions were given.

The minutes were approved from the 1/24/03 and 2/28/03 meetings.

Decisions Regarding Denials of Bulk or Compiled Distribution by AOC

1.     Howard Campbell, Shared Information Services

The subcommittee began with discussing a couple of issues tabled from the 1/24/03 meeting. Brian Backus gave an introduction to the issues which involved an appeal of a denial of bulk distribution of probate material to Howard Campbell of Shared Services, Inc.

Following a brief discussion the subcommittee agreed to allow Mr. Campbell’s request for a probate index. However, the approval was subject to the contract with Mr. Campbell being revised to permit bulk resale of the probate index.

2.     Insurance Requirements

The second issue tabled from last meeting and related to Mr. Campbell’s request was whether an insurance requirement should be required in all bulk distribution cases. The JIS Electronic Data Dissemination Contract requires the licensee to provide liability insurance in the amount of not less than one million dollars for each occurrence and two million dollars general aggregate.

The subcommittee agreed that the insurance requirements should not be changed in contracts involving the bulk sale of index information, but that they can be waived in a case-by-case basis in other situations.

3.     Phillip Roe and Jack Hinshaw – Financial Services Corporation

Mr. Roe and Mr. Hinshaw are the owners of a financial services company. They have requested requests a custom report that contains Everett District Court Civil and Small Claims cases from 1994 – current. The request further states that the reports contain court code, filing date, case number, type of case, cause of action, and the name of parties. Mr. Roe stated the purpose of his request is to “research unsatisfied judgments and judgment recovery.” In response to a question from Ms. Woods, Mr. Hinshaw and Mr. Roe stated that they would contact creditors and offer to purchase unsatisfied judgments.

The subcommittee voted unanimously to deny the request because the requestor would be contacting creditors for commercial purposes. See Data Dissemination Policy III, A, 5.

4.     Alan Daugherty

Mr. Daugherty requested information that includes case numbers and/or names of parties in all cases since January 1, 1995 where money or other assets have been paid to the Spokane County Court. He further requested an indication of the current value of the money or assets. Mr. Daugherty has refused to state why he is requesting this data, claiming the request is made under the Public Disclosure Act. He did not appear for the appeal.

The subcommittee unanimously affirmed the denial of Mr. Daugherty’s request based on his refusal to state why he was requesting the data. JISCR 15 (e).

5.      Northwest Location Services’ Website

Questions were raised by Don Horowitz about whether Northwest Location Services' http://www.wacourtsonline.com/ website was in compliance with contract provisions requiring it to provide its customers with a disclaimer and certain other information. Mr. Backus indicated he would review the website and report back to the subcommittee.

Access to Court Records Rule

Judge Grosse asked the subcommittee to go through the rule line by line.

It was unanimously agreed to change “case records” to “court records.”

(c) (2) it was agreed that “county clerk” be added to the end of sentence.

(c) (8) it was agreed that “contains case [court] records” be deleted.

(d) (1) it was agreed that the following be added to the beginning of the first sentence, “Except for cases that are sealed, confidential, or closed by statute,”

(e) (1) generated requests from several that other statutory references be added to this section. Mr. Horowitz provided a letter from Doug Klunder that references other statutes.

(e) (2) Judge Grosse stated this section needed to be redrafted with consideration given to bulk and compiled court records.

Mr. Horowitz stated that he believed that the “education” section needed further elaboration and Judge Grosse agreed. Mr. Horowitz suggested reviewing Mr. Klunder’s letter for suggestions.

At this point, it was time for the JISC meeting and Judge Grosse stated that he, Mary McQueen and, Tom Clarke would work on the rule and produce a final draft.