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Courts lack uniform filing, tracking of sealed records
 
By GINNIE GRAHAM World Staff Writer
Published: 8/10/2008  2:04 AM
Last Modified: 8/10/2008  3:33 AM



For an interactive map of county court clerks


Oklahoma courts lack a uniform way to track and file sealed cases and records, according to a Tulsa World analysis.

County court clerks across the state say the number of cases with a sealed record range from none to 300 during the past five years.

The Tulsa World contacted the elected court clerks in the state's 77 counties to determine how many cases in the past five years have received at least one order from a judge to close a record and to find where those documents are located.

Only one clerk — Robert Morales of Comanche County — did not return repeated messages requesting the information.

"There are 77 ways to do this," said Deborah Hodenfield, Cotton County court clerk. "The statute does not address it."

Nearly all court clerks say judges do not often issue an order to seal a document.

However, only seven court clerks track how many cases or documents are closed by a judge.

In most cases, records filed in criminal proceedings, civil complaints and other court actions such as probates and protective orders are considered available for inspection to the general public. Judges have the discretion to seal an open record.

Tulsa, Oklahoma, Canadian, LeFlore, Cotton and Wagoner counties report 831 cases have at least one sealed record since 2003. Garfield County reports 39 documents sealed during that time.

Tulsa, Oklahoma and Wagoner county clerks were the only ones able to provide a list of case numbers to the Tulsa World.

"It's not rocket science," said Tulsa Court Clerk Sally Howe Smith. "We try to keep things as simple as we can. It's a simple matter of going and counting them."

Oklahoma County Deputy Court Clerk Tim Rhodes said the office compiled the case numbers after a request from the Tulsa World.

"But it helps us too. It's not a bad idea to have a list of those files for our use," Rhodes said. "It's interesting to us because it's our business."

LeFlore County Court Clerk Melba Steelman Hall created a computer code to designate cases with a sealed record to prevent an error when employees scan records into the system.

"We could find it pretty easily," Hall said. "It's also a way that if a judge wanted to see that record, we could go to the computer and search for those cases and get the document.

"It may not be the best way, but it works for us."

Hodenfield went a step further to code what type of document is sealed, such as financial or health. She said the practice has not been challenging.

"Once you get used to it, it's OK," Hodenfield said. "We have a template in our computer and it makes it easy."

In general, records being sealed in Cotton County are health records, Social Security numbers and personal financial records, Hodenfield said.

"I know everyone is shocked there are confidential records in our Open Records Act," Hodenfield said. "But when you stop to think about it, you wouldn't want that information out there about you either. I wouldn't want my health, finances or social security out there."

For court clerks who do not track sealed records, most can give an educated guess on a yearly or monthly average. Eight clerks would not give an estimate.

"We never looked to see how often a judge seals a case or orders a document sealed in a case," said Cleveland County Court Clerk Rhonda Hall. "We don't have that kind of time."

Blaine County Court Clerk Rebekah Haney-Martin estimates having 20 sealed records since 2003 in a locked filing cabinet. She declined to count the documents.

"I could, but I am not inclined to do that," said Haney-Martin.



'Should be a requirement'



Having that information should be required so the public can gauge the secrecy of courts, said Joey Senat, past president and current board member of Freedom of Information Oklahoma.

"If we have no method of tracking this, how will the public ever know this is going on?" Senat asked. "There should be a requirement to track this."

Woodward County Court Clerk Jenny Hopkins said she never considered tracking sealed records because no one ever asked.

"That really gives me something to think about," Hopkins said. "I never really thought about it before. I wonder how hard it would be to set up something in the computer to track that?"

Delaware County Court Clerk Caroline Weaver said judges differ on what to consider public and nonpublic.

"One judge might file it and another might seal it," Weaver said. "It depends on which judge that case is in front of. Usually if it's sealed, it has to be for a good reason. It has to be some unusual circumstance."

Hodenfield said the sealed records started to increase in her county with changes in the drunken driving laws. Those cases are including more psychological and medical histories during sentencing.

"It's how the judge looks at that law," Hodenfield said. "One judge might seal a record, but we might have a visiting judge who will keep it open."

Nearly all court clerks support efforts to seal certain records, usually citing privacy or identity theft concerns.

"Anything that I have seen sealed I strongly feel it shouldn't be something open to the public, like someone's mental health issues," said Custer County Court Clerk Connie Burden. "There should be some things that shouldn't be published."



'On the same page'



Once a judge orders a document sealed, the clerks are responsible for maintaining the records.

At least 44 clerks keep the sealed records with the original case files. The documents are placed in an envelope, taped or glued shut and usually have a file stamp with a copy of the judge's order or initials of the judge or court clerk.

"We find it easier to keep it together," said Burden. "I don't have the space to keep it under a separate lock and key. We've never had any problems doing it that way."

However, the system makes it difficult to get an accurate count of court orders.

"There is no way to provide a total for sealed records without physically going through each file," said Opal Carol Finch, Caddo County court clerk.

Finch said she would not be opposed of keeping track of future orders.

"I could tell you right now how many expunged cases we've had, but I can't do that for sealed documents," Finch said. "But I'm sure if we had to, (the computer company) would provide a way for us to do that."

For court clerks who put sealed records in a locked safe or vault, it is done as a precaution.

"In the interest of protecting that seal, we keep those records out of the file," Smith said. "It keeps us from making an error that could be egregious."

Smith said state law is the vehicle to provide guidance on operations, like tracking and housing records.

"Some court clerks are not on the same page on elementary issues like what to charge for copies," Smith said. "We need to build on those issues and operate universally under one system, which is the state statutes."

Having a uniform code would be convenient to the public, Weaver said.

"I have always wondered why we are not consistent in the way we do things," Weaver said. "Why don't they tell us how to do it so we are all doing it the same way?"




Ginnie Graham 581-8376
ginnie.graham@tulsaworld.com
By GINNIE GRAHAM World Staff Writer

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