January 10th, 2008

This week in public records: Colorado - Nevada - Vermont

The Colorado Board of Medical Examiners is expanding the range of information on doctors at its site. This data on new licensees is expected to be posted April 2008, but will only be gathered and posted for current licensees in 2009.

The following information will be disclosed:

* Name
* Aliases
* Current Address
* Telephone number
* Information regarding all medical licenses ever held
* Current Board Certifications
* Practice Specialty (ies)
* Affiliations with hospitals and health care facilities
* Current ownership interests in businesses
* Current employment contracts
* Public disciplinary actions against a medical license
* Agreements and Stipulations to temporarily cease medical practice
* Involuntary hospital or health care facility privileging actions
* Involuntary surrender of a DEA registration
* Criminal convictions or plea arrangements for felonies and crimes of moral turpitude
* Judgments, settlements and arbitration awards for medical malpractice claims
* Refusal by an insurance carrier to issue medical liability insurance

The Nevada Supreme Court has adopted rules for redacting and sealing court records. The court may order a file sealed or redacted for “identified compelling privacy or safety interests that outweigh the public interest in access to the court record.” The identity of the person who filed the motion to seal the court record must be recorded and kept a public record.

The Vermont Health Department is beginning the process of removing Social Security numbers from death certificates. In addition, proposed legislation would remove the cause of death from death certificates. Another bill would bar the posting of court cases on the Internet. Read all about it.

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December 2nd, 2007

This week in public records: Nevada - Connecticut - Washington - Florida

Nevada Supreme Court Schedules Public Hearing on Proposed Rules to Govern Sealing and Redacting of Court Records in Civil Cases.

Names of those arrested and detained in an immigration raid must be disclosed, as ordered by the Connecticut Freedom of Information Commission. Documents were retained by the state’s Department of Public Safety, which made them subject to disclosure under the Connecticut open records law .

Washington State DOC to Seek Public Input in Development of New Electronic Disclosure Rules.

A Florida judge overruled a local school board in determining that the names of all school employees enrolled in the deferred retirement plan must be released under the state’s public records law.

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September 26th, 2007

Nevada Department of Corrections relocates Web site

Government agencies seem to have someone dedicated to moving their Web links to new addresses without a redirect link. You can find the Nevada Department of Corrections Offender Search at a new URL. The database includes current inmates but also those on release or no longer supervised.

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September 9th, 2007

This week in public records: Illinois - Nevada - Oklahoma - Colorado - Delaware

If all goes according to current plans, by January 2008 Cook County, Illinois will become one of the first counties in the country to digitize vital records and make them available online. The birth, death and marriage records to be made available are not for recent events. The genealogical records include birth certificates that are at least 75 years old, marriage certificates more than 50 years old, and death certificates more than 20 years old.

A recommendation by the Nevada Supreme Court Commission on Preservation, Access and Sealing of Court Records would tighten the regulations on sealing court records. The current standard allows judges to seal records upon request. The commission policy would require a compelling reason for sealing court records and would authorize any member of the public to request a sealed record be opened. Reported in the Las Vegas Sun

Judges in Oklahoma counties are holding closed proceedings of special drug and mental health courts, even though they are not required to be closed. Judges are citing federal law which mandates health records be kept confidential.

The Colorado Supreme Court has instituted a new rule that delays the fulfillment of court record requests for up to 3 days, ostensibly to redact personal information such as Social Security numbers, driver’s license numbers, bank account numbers and other personal-identification numbers, such as those on passports or student IDs. This is another instance of the current trend in government to give supremacy to personal privacy over the public’s right to know the activities of its government.

The Delaware Attorney General cannot oppose state agencies which decline public records requests, even when they do so in violation of the law. The News Journal sought salary information for employees of the Delaware Psychiatric Center. The Department of Health and Social Services denied the request, then the newspaper appealed to the Attorney General, who declined to take enforcement action.

The Delaware Psychiatric Center is an agency of state government and so the Department of Justice is precluded by statute from investigating any violations of the Freedom of Information Act alleged to have been committed by the Delaware Psychiatric Center.

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May 23rd, 2007

This week in public records: Illinois - California - Texas - Nevada - Iowa

Illinois has unveiled its Illinois Child Murderer and Violent Offender Against Youth Registry.

Search by name, city, zip code, county or offender status. Perhaps the kinks aren’t worked out, but I couldn’t get search results by any criteria. You can also map offenders, but only if you know the street address and zip code. Here’s what the database covers.

The CMVOY registry contains individuals convicted of specific crimes in which the victim was a minor, but the crime was not sexually motivated. The crimes – as defined by HB 4193, signed by Governor Blagojevich on June 27, 2006 – include kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, and any attempt to commit any of these offenses when the victim is under 18 years of age and when the defendant is not a parent of the victim. Other offenses include forcible detention, child abduction or murder when the victim was a person under 18 years of age and the defendant was at least 17 years of age.

A Santa Clara County, California Superior Court judged has ordered the county to make its GIS property parcel mapping database available to the public at minimal cost. The California First Amendment Coalition took the county to court, upending the government’s myriad excuses for keeping the map data out of public reach. Reported by AP

A new Texas Administrative Rule institutes a prohibition in the recording of personal information by notary publics.

There’s been much debate in legislatures and government administration about which public records should be sealed. The Texas legislature is considering whether to withhold search warrant affidavits for 60 days from public view. The Nevada Legislature failed to set guidelines or restrict judges from sealing court records and now the state Supreme Court may establish its own requirements.

Iowa State regulatory boards that license professionals such as doctors, nurses, dentists and psychologists will be required to release the record of formal charges against medical professionals that stem from patient complaints.

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May 14th, 2007

This week in public records: California - Maryland - Nevada - Idaho - Montana

Gifts, investments, outside income, business relationships and other economic interests of top public agency employees and elected officials of San Bernardino County, California are now posted online in a database. Search by filer name, filing date, position or department name. San Bernardino is the first California county to put these records online, according to a report in the Riverside Press-Enterprise.

The Statement of Economic Interests, California Fair Political Practices Form 700, is filed each year with the government official’s home county, or with the state Fair Political Practices Commission for state elected officers, legislators, judges and court commissioners, and members of the state boards and commissions.

The San Bernardino County filings begin with 2006; the home addresses are redacted from the forms.

Maryland law now allows people arrested but not charged to expunge their police records.

The Nevada Senate is considering AB600, which has passed the Assembly, a bill that will allow people to redact their personal identifying information from public records which they previously filed. The last 4 digits of the Social Security number are not personal information and will be allowed on public records. The 4 number identifier will be required on judgments.

The Idaho state Supreme Court ruled that emails sent between county employees are public records.

Even though federal law makes certain student records confidential that does not prevent the public release of redacted student disciplinary records, according to a decision by the Montana Supreme Court.

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May 8th, 2007

This week in public records: Colorado - Virginia - New Jersey - Louisiana - Nevada

It doesn’t do researchers much good when we discover that personal information databases are taken off the Internet, as recently occurred with the Colorado Marriage and Divorce Index, reported at LegalDockets Online. Especially if there aren’t good alternatives. The Colorado State Archive has a limited statewide marriage and divorce index at the Archives, only through 1939.

The Jefferson County, Colorado Sheriff Crime Mapping database retrieves crime incidents over the past year for the unincorporated areas. Search by parcel number or address.

You never know when a marginal public records database, such as Virginia Freshwater Fish Citations, may break a case, right? Search by name and find where the guy was and the date of the catch.

The statewide New Jersey Property Owner Search at the Asbury Park Press has been updated.

Caddo Parrish, Louisiana Prisoners In Jail database, with case information and booking photos, is online. View in IE.

This isn’t a free divorce index, but for those who are subscribers to VitalSearch you can now search the Nevada Divorce Index, covering 1967-2005.

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April 19th, 2007

This week in public records: Pennsylvania, Texas, Nevada

Philadelphia will be the first region in Pennsylvania to implement an automated inmate release telephone notification. The service, which just covers local jails, will be available to anyone, not just crime victims, when it goes into operation in June 2007. The Statewide Automated Victim Information and Notification (SAVIN) alert program will add the other counties over the next 18 months, and may later add state inmates.

The Houston Independent School District is the most recent Texas school district to post its payments to vendors online. Expenses can be identified by vendor but not by type of expenditure. Other districts have some payment information online as well.

A law under consideration in the Nevada legislature would prevent sealing of court cases involving high-profile litigants, which the judges had been doing, according to a survey by the Nevada Appeal.

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February 3rd, 2007

Why the judgments and liens databases will become obsolete

You may have noticed that there’s a trend toward eliminating personal identifiers - social security numbers, dates of birth and addresses - from all public records. Any publicly filed documents containing social security numbers are subject to being altered, removing the SSN identifier, or rejected until the personal information is redacted. Currently, financial records, tax liens, deeds and mortgage loan documents are being changed to the extent that it will become impossible to verify whether a federal, state or municipal tax lien belongs to a particular individual.

Fraud investigators, people finders, heir locators, financial lenders and journalists checking on the fitness of our politicians all rely on the unique identifier to develop background and verify identity.

The complete social security number is being removed from filed documents, not just from the Internet indexes and images. And guess what? The commercial databases aren’t going to be able to provide search results that cross reference SSNs on tax liens or judgments filed with county recorder’s offices with a name or address. The indexes of the data resellers are only as good as the original records.

The Missouri Secretary of State just announced that she’s removed the Uniform Commercial Code (UCC) document images from the Web site.

The Secretary of State’s Office is taking every step possible to protect personal identification information (Social Security Numbers and Federal Identification Numbers) while continuing to provide service to our customers. As part of that effort, our office has temporarily removed Uniform Commercial Code (UCC) images from the web site as they may inadvertently contain personal identification information.

Although the Virginia legislature has yet to enact a pending bill that would remove SSNs from land records and court filings, Nevada county recorders are rejecting filings that contain social security numbers. This new requirement has created a mess in the courts because the County Clerk is required to submit affirmations that the “5,000 documents filed every day in District Court” have the social security numbers removed. Even in the relatively lower volume state of Vermont the county clerks are overwhelmed by the mandate to extract SSNs from previously submitted documents. The Kansas legislature apparently didn’t consider the costly (both personal and financial, to government and business) consequences of redacting data, declaring that

Unless required by federal law, no document available for public inspection or copying shall contain an individual’s social security number if such document contains such individual’s personal information.

Personal information is name, address, phone number or e-mail address. This applies to

documents recorded in the official records of any recorder of deeds of the county or to any documents filed in the official records of the court and shall be included, but not limited to, such documents of any records that when filed constitutes:
(1) A consensual or nonconsensual lien;

(2) an eviction record;
(3) a judgment;
(4) a conviction or arrest;
(5) a bankruptcy;
(6) a secretary of state filing; or
(7) a professional license.

Humm, no name on a professional license…

All of the 50 state governments will eventually succumb to this “identity theft” protection measure on court records, UCC filings and mortgage loan documents.

Why don’t these state legislatures follow the federal model, masking only part of the SSN, which achieves the aims of fraud prevention while keeping the unique association of the number with a name?

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January 26th, 2007

This week in public records - Puerto Rico - Nevada - New Hampshire

Search the Puerto Rico Sex Offenders Registry in Spanish or English.

The Nevada Appeal News reports…

The Churchill County Recorder’s Office began in August alerting those who do business with the office, such as title companies, that beginning Jan. 1, Social Security numbers would not be allowed on public documents.

New Hampshire courts are slowly implementing a new case tracking system that will link all of the state courts - in about 3 years. The Supreme Court is still debating which personal identifying details will be masked in the Internet site.

It also will improve public access to court records. For the first time, court dockets _ including the names of the parties, the type of case or criminal charges, and the dates of filings, hearings and decisions _ will be publicly available, going as far back as 1988.

But