York County agrees to improve public access to criminal court records in response to suit by Spotlight PA, others Spotlight PA – Spotlight PA
Spotlight PA is an independent, nonpartisan newsroom powered by The Philadelphia Inquirer in partnership with PennLive/The Patriot-News, TribLIVE/Pittsburgh Tribune-Review, and WITF Public Media. Sign up for our free newsletters.
YORK Information on criminal cases will be available faster and with fewer redactions under a settlement agreement between the York County Clerk of Courts and five newsrooms including Spotlight PA that had sued alleging First Amendment violations.
The settlement will bring York County in line with First Amendment and Pennsylvania Constitution requirements when granting access to criminal court records, said Sasha Dudding, a legal fellow for the Reporters Committee for Freedom of the Press.
Thats important for both members of the media who are reporting on criminal cases in York County and also members of the public who are entitled to know whats happening in their community, said Dudding, whose organization provides free legal resources to journalists.
Earlier this year, Spotlight PA joined four other state newsrooms to sue York County Clerk of Courts Daniel J. Byrnes after he shut down free, easy access to criminal court records and instituted practices and policies that slowed the release of documents, according to the federal lawsuit filed in March.
Byrnes office also improperly withheld documents and redacted nonconfidential information, obscuring public access that is critical to reporting on the details of a case, the lawsuit alleged.
Dudding and attorney Paula Knudsen Burke both represented Spotlight PA, the York Daily Record, The York Dispatch, LNP Media Group, and public media organization WITF in the lawsuit. Byrnes, an elected Republican who took office in 2020, was the sole defendant.
Byrnes initially called the lawsuit frivolous and said his office has actually expanded free public access to the public, especially to those facing a financial barrier to information.
The Plaintiffs are essentially disgruntled by not having unfettered and immediate access to all records within the Clerk of Courts Office, an attorney for Byrnes wrote in a March 2022 court filing.
In an email Tuesday, Byrnes said his office will continue to reflect our adherence to professional practices that serve the media and general public as accorded by law.
Attorneys for the news organizations pointed to numerous instances where they say the office delayed access to, improperly restricted, and overcharged for judicial records.
During a three-week period in September 2021, journalists from the five news organizations requested access to 42 judicial records. The office provided six the same day, denied access to another six, and redacted information in 32, according to the lawsuit. The lawsuit said the office improperly redacted details in several cases, including the name of an adult victim of an alleged property crime and the address of a shooting.
In court filings, attorneys for Byrnes wrote that the office complied with the requirements of the statewide court system and Pennsylvania law, but acknowledged a few isolated errors.
As part of the settlement, Byrnes agreed to provide the news organizations with a copy of a policy notifying the public how to access judicial records, and a fee schedule that aligns with statewide court policies.
The agreement also addresses the timeline for obtaining records. Byrnes office will make all reasonable attempts to respond to requests on the same business day on which the request is made, and when not practicable, on the next business day, excepting inconsequential deviations and extraordinary circumstances which may delay access.
The office must also adopt a written policy outlining how it will respond to requests for judicial records made in person and by email.
Byrnes also agreed to pay $6,796.52 for costs and expenses incurred by the Reporters Committee for Freedom of the Press.
Both sides agreed that the clerks office will provide redacted versions of documents in order to protect the identities of victims of human trafficking and minor victims of physical or sexual abuse. But the office agreed to not withhold those documents entirely.
Byrnes on Tuesday said his office is pleased that the lawsuit has been resolved with all parties supporting and acknowledging that the Clerk of Courts has a legal and ethical duty to protect the identity of crime victims, particularly minors as specified in the laws of the Commonwealth of PA.
Byrnes office and the newsrooms agreed to have employees who make or fulfill requests for court records participate in training within 30 days.
Hopefully that will sort of bring everybody to the same understanding, Dudding said.
WHILE YOURE HERE… If you learned something from this story, pay it forward and become a member of Spotlight PA so someone else can in the future at spotlightpa.org/donate. Spotlight PA is funded by foundations and readers like you who are committed to accountability journalism that gets results.
See the rest here:
York County agrees to improve public access to criminal court records in response to suit by Spotlight PA, others Spotlight PA - Spotlight PA
- Supreme Court Clears Way for N.R.A. to Pursue First Amendment Challenge - The New York Times - May 31st, 2024 [May 31st, 2024]
- University of Iowa sneers at First Amendment rights after Gaza protest - Des Moines Register - May 31st, 2024 [May 31st, 2024]
- SCOTUS unanimously backs NRA on First Amendment ruling - JURIST - May 31st, 2024 [May 31st, 2024]
- Unanimous First Amendment Victory for the NRA (Represented by the ACLU) - Reason - May 31st, 2024 [May 31st, 2024]
- Supreme Court Says Government Bullying Can Violate the First Amendment - Goldwater Institute - May 31st, 2024 [May 31st, 2024]
- Preemption, the First Amendment, and Ineffective Assistance of Counsel on Todays Decisional Menu - SCOTUS Today - The National Law Review - May 31st, 2024 [May 31st, 2024]
- SCOTUS Unanimously Sides With NRA in First Amendment Case - The Reload - May 31st, 2024 [May 31st, 2024]
- Supreme Court unanimously sides with NRA in First Amendment dispute with New York official - Washington Times - May 31st, 2024 [May 31st, 2024]
- Why Justice Sotomayor just handed the NRA a big Supreme Court victory - Vox.com - May 31st, 2024 [May 31st, 2024]
- Cedar Hill Cemetery critic files lawsuit for First Amendment violation - The Newark Advocate - May 31st, 2024 [May 31st, 2024]
- In a Victory for Assange and First Amendment, UK Court Grants Right to Appeal Truthout - Truthout - May 31st, 2024 [May 31st, 2024]
- Video is at the center of First Amendment case against North East School District - Yahoo! Voices - May 31st, 2024 [May 31st, 2024]
- John Stockton Loses Case Over Regulation of COVID Speech - Sportico - May 31st, 2024 [May 31st, 2024]
- More on the New York Trump Case and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Campus encampment bans rarely violate the First Amendment. Here's why. - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Students were primed for First Amendment talk. This Pierce County district backed out - Tacoma News Tribune - May 5th, 2024 [May 5th, 2024]
- Campus chaos vindicates the American system and the First Amendment - The Hill - May 5th, 2024 [May 5th, 2024]
- Trump's Trial and the First Amendment - Reason - May 5th, 2024 [May 5th, 2024]
- Can Texas public universities remove protesters from campus? First Amendment experts explain - Austin American-Statesman - May 5th, 2024 [May 5th, 2024]
- Are gag orders constitutional? SCOTUS says it depends - VERIFYThis.com - May 5th, 2024 [May 5th, 2024]
- Donald Trump Has a First Amendment Right to Pay Hush Money to Support his Electoral Ambitions - Reason - May 5th, 2024 [May 5th, 2024]
- "Antisemitism Awareness Act of 2023" (Which Just Passed the House) Could Suppress First-Amendment-Protected ... - Reason - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - The New York Times - May 5th, 2024 [May 5th, 2024]
- ACLU of Wisconsin Emphasizes the Importance Of Student's First Amendment Rights Ahead of Protests Planned at UW ... - ACLU of Wisconsin - May 5th, 2024 [May 5th, 2024]
- Indiana University Officials Need to Follow Community's Lead on Commitment to First Amendment - ACLU of Indiana - May 5th, 2024 [May 5th, 2024]
- An American-Israeli Caught Between Antisemitism and The First Amendment - The Times of Israel - May 5th, 2024 [May 5th, 2024]
- Citizens United, campaign finance, and the First Amendment - Foundation for Individual Rights and Expression - May 5th, 2024 [May 5th, 2024]
- Studios Warn Of First Amendment Implications For SAG-AFTRA-Backed AI Bill To Require Consent For Digital Voice And Likeness - Deadline - May 5th, 2024 [May 5th, 2024]
- Norman Siegel: A lifetime of protecting the First Amendment - Spectrum News NY1 - May 5th, 2024 [May 5th, 2024]
- ACLU and First Amendment Coalition Challenge Cal Poly Humboldt's Campus Closure and Press Restrictions - Redheaded Blackbelt - May 5th, 2024 [May 5th, 2024]
- 13 seconds of bloodshed: Community shares themes of activism, First Amendment with upcoming May 4 commemoration - Kent Wired - May 5th, 2024 [May 5th, 2024]
- Day 2 of pro-Palestinian protests on Wisconsin campuses, First Amendment expert weighs in - WISN Milwaukee - May 5th, 2024 [May 5th, 2024]
- First Amendment under attack: How the Police State muzzles our right to speak truth to power - Washington Times - May 5th, 2024 [May 5th, 2024]
- UngagTrump The Fight for First Amendment: The Leader in Freedom Fundraising. - GiveSendGo - May 5th, 2024 [May 5th, 2024]
- What the First Amendment Means for Campus Protests - myheraldreview.com - May 5th, 2024 [May 5th, 2024]
- What to do if you get arrested? What to know about the First Amendment amid Tennessee campus protests - Knoxville News Sentinel - May 5th, 2024 [May 5th, 2024]
- What rights do protesters at the U of M encampment have? - KARE11.com - May 5th, 2024 [May 5th, 2024]
- Sen. Vance worries college protests are moving beyond First Amendment and into chaos for local communities - WTRF - May 5th, 2024 [May 5th, 2024]
- New Stablecoin Bill Faces Criticism for Stifling Innovation and Breaching First Amendment Regulation Bitcoin News - Bitcoin.com News - April 22nd, 2024 [April 22nd, 2024]
- TikTok ready to move to the courts to prevent ban in US - Ars Technica - April 22nd, 2024 [April 22nd, 2024]
- Say 'Yes' to the First Amendment Minding The Campus - Minding The Campus - April 22nd, 2024 [April 22nd, 2024]
- SCOTUS won't review decision that ratchets up legal risk at protests - Reporters Committee for Freedom of the Press - April 22nd, 2024 [April 22nd, 2024]
- OPINION | Tulane must commit to upholding First Amendment - Tulane Hullabaloo - April 22nd, 2024 [April 22nd, 2024]
- Parsons' Attorney Michael Judd Participates As Panelist At First Amendment Society Event - Mondaq News Alerts - April 22nd, 2024 [April 22nd, 2024]
- Does BVU know the first amendment? The Tack Online - BVU The Tack Online - April 22nd, 2024 [April 22nd, 2024]
- Weber State University students using their first amendment rights - The Signpost - April 22nd, 2024 [April 22nd, 2024]
- Pennsylvania Court Lets Suit Over Removal of Columbus Statue Go Forward - Reason - April 22nd, 2024 [April 22nd, 2024]
- Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Fox News - April 20th, 2024 [April 20th, 2024]
- Elon Musk's Plan To Fund National Signature Campaign In Support Of First Amendment Met With Praise - Yahoo! Voices - April 20th, 2024 [April 20th, 2024]
- Don't Panic About the Supreme Court's Right to Protest RulingYet - The New Republic - April 20th, 2024 [April 20th, 2024]
- Supreme Court Is Apparently Fine with the Assault on the First Amendment That Is Mckesson v. Doe - Esquire - April 20th, 2024 [April 20th, 2024]
- NPR boss once called the First Amendment a 'challenge' and 'reverence for the truth' a distraction - Fox News - April 20th, 2024 [April 20th, 2024]
- Kerrville Residents File First Amendment Lawsuit In Federal Court Against City - The Texan - April 20th, 2024 [April 20th, 2024]
- NPR Against the First Amendment - The New York Sun - April 20th, 2024 [April 20th, 2024]
- Civics lesson: First Amendment rights are broad, but there are limits - Tennessean - April 20th, 2024 [April 20th, 2024]
- The Supreme Court effectively abolishes the right to mass protest in three US states - Vox.com - April 20th, 2024 [April 20th, 2024]
- Media Miss by the Left: Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Straight Arrow News - April 20th, 2024 [April 20th, 2024]
- Supreme Court allows police officers suit to move forward against Black Lives Matter leader - The Hill - April 20th, 2024 [April 20th, 2024]
- Tom Cotton Clearly Hates The First Amendment - Betches - April 20th, 2024 [April 20th, 2024]
- A new Supreme Court case threatens to take away your right to protest - Vox.com - January 27th, 2024 [January 27th, 2024]
- No, Blocking Traffic Is Not Protected by the First Amendment - Reason - January 27th, 2024 [January 27th, 2024]
- Cable Giants Insist That Forcing Them To Make Cancellations Easier Violates Their First Amendment Rights - Above the Law - January 27th, 2024 [January 27th, 2024]
- Know Your Rights: Students in Higher Education & the First Amendment - New York Civil Liberties Union - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - GBH News - January 27th, 2024 [January 27th, 2024]
- SPJ co-authors legal brief supporting First Amendment right to record and publish livestreamed court hearings - Society of Professional Journalists - January 27th, 2024 [January 27th, 2024]
- Star-Spangled Fascism: Extremists and the First Amendment - KPBS - January 27th, 2024 [January 27th, 2024]
- Letter writer reminds others about intent behind the First Amendment - Call Newspapers - January 27th, 2024 [January 27th, 2024]
- FCC's Jessica Rosenworcel On Trump Broadcast License Threats: First Amendment Guides Us. - Insideradio.com - January 27th, 2024 [January 27th, 2024]
- Faith-based school chaplains would test First Amendment - Fort Wayne Journal Gazette - January 27th, 2024 [January 27th, 2024]
- Arrested citizen journalist wasn't 'martyr' for journalism, 5th Circuit says in tossing her First Amendment suit - ABA Journal - January 27th, 2024 [January 27th, 2024]
- First Amendment Bowled Over by Lanham Act Again - The National Law Review - January 27th, 2024 [January 27th, 2024]
- Florida House passes HB 1 to ban kids 16 and under from having social media accounts - NBC 6 South Florida - January 27th, 2024 [January 27th, 2024]
- Lawmakers debate whether mostly banning mugshots violates the First Amendment - My Buckhannon - January 27th, 2024 [January 27th, 2024]
- Lizzo Accusers Say First Amendment Is No Reason To Throw Out Assault, Sexual Harassment & Discrimination Suit Against Grammy Winner - Yahoo... - November 13th, 2023 [November 13th, 2023]
- Trump Appeals Gag To Protect First Amendment Right To Intimidate ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- Chemerinsky: 'I am a 70-year-old Jewish man, but never in my life ... - Foundation for Individual Rights in Education - November 13th, 2023 [November 13th, 2023]
- Prosecutors Mock Trump Attempt To Get Election Case Dismissed ... - Above the Law - November 13th, 2023 [November 13th, 2023]
- New bill to criminalize flying unauthorized flags on public property ... - Alabama Daily News - November 13th, 2023 [November 13th, 2023]
- This First Amendment Attack is Designed to Reduce Gun Ownership ... - America's 1st Freedom - November 13th, 2023 [November 13th, 2023]
- SGA Amendment to Make Amendments Easier Passes; Will Move to ... - PantherNOW - November 13th, 2023 [November 13th, 2023]