| Chapter
7
Covering the
Courts
By Maurice
Possley
The Docket
Sheet Grows
Once a case is filed, the litigation process begins and the docket sheet—the
record of every filing and every occasion that a case is called up before a
judge—begins to grow. The docket sheet will list the names, addresses,
and telephone numbers of all attorneys on a case, as well as the judge assigned
to oversee it. Further, the docket sheet, whether typed, handwritten or electronic,
can quickly provide a thumbnail sketch of the progress of a case as well as
a catalogue of the documents—legal briefs, motions, and depositions,
for example—that have been filed in a case.
Some court systems keep separate files for motions and briefs,
transcripts, and exhibits. If you simply ask for a court file,
you may be given only the motions and briefs. Be sure to be specific
about what you request to ensure you obtain all records from each
case you request. Some jurisdictions, as a matter of saving space,
do not require pre-trial depositions be filed at the courthouse.
Nonetheless, these documents are frequently available as a matter
of public record. Contact the attorneys whose responsibility it
is to keep those documents to obtain copies or to review them in
their offices.
Exhibits attached to briefs and motions often generate news in
and of themselves. This applies to both criminal and civil proceedings.
These exhibits can be transcripts of grand jury testimony or depositions
as well as documents that are critical to the matter at hand. These
documents encompass a wide range of subjects, including bank records,
contracts, deeds, and trust agreements.
In the federal courts, all search warrants are obtained after
a sworn affidavit from an agent is filed that establishes good
reason for issuing the warrant. The warrant itself, which lays
out the boundaries of the search, also is filed. These documents
are typically sealed for some period of time and are filed in the
magistrate case files. After the search has been executed, an inventory
of items taken in the search is filed. These files are usually
not searchable through an alphabetical index because they are filed
chronologically and often carry an address of the location of the
search as a title. To keep a good record of these, go to the clerk’s
office and ask to see magistrate cases 1-10. The first case of
each year is the first case. Hence, the first case of 2004 would
be 2004-001. Check the dates, check off the ones you are allowed
to see and keep a record of those you are not allowed to see (these
cases are still under seal). Keep requesting cases until you are
up to date and then periodically return and request more files
to keep abreast of the filings. Go back and request the files you
were not allowed to review. Eventually, these cases will become
public. Magistrate files, frequently ignored, contain a font of
information.
Sources
Docket Clerks. These men and women can provide
a quick and easy gateway to the file room. Each case has a docket,
which is a brief description of every filing and action taken
in a case since its inception. It is a chronological list that
will provide dates for rulings as well as the next scheduled
date(s) of importance.
Court clerks. Each jurisdiction has a chief clerk
and a phalanx of assistants; many of them assigned individually
to judges. It is essential to develop a working relationship with
the chief clerk for this will be the person who will ultimately
arbitrate any disputes over access to documents. The court clerk
controls access to the records of that day’s cases. A good
relationship often allows you to cut corners when covering many
courtrooms simultaneously—you can find out new dates or informally
what happened during a specific hearing from a clerk, frequently
by telephone. They can be sources of telephone numbers and other
information about parties to a case. A court clerk will usually
have the list of jurors’ names and addresses that will almost
always be public at the end of a case.
Court reporters. The official “ears” of
a courtroom, these folks can be of immense assistance. They can
read back a quote or provide a quick turnaround on transcripts.
You may not need them often, but when you do, their cooperation
can pay off handsomely. Be sure, if you ordering transcript, to
specify whether it needs to be grammatically correct—if not,
you will get it quicker. The court reporter can be a good informal
source of information. Keep in mind that they are recording information,
but usually not processing it in their minds.
Law clerks. These people often have a good sense
of what is happening in chambers and because they do much of the
legal research for judges, they frequently have a fairly accurate
idea of when a written ruling might be forthcoming. The law clerks
are good informal sources when you are seeking a common sense explanation
of a judge’s ruling.
Bailiffs. These individuals also are important
secondary informal sources, particularly about what happens or
goes on in the lockups. And because they frequent judges’ chambers
as well, they can be good sources of behind the scenes activity
in a courthouse. They also hold the reins on where reporters may
sit in a courtroom, as well as ease of entering and departing during
proceedings.
Administration
Public information officer. Some court systems—particularly
federal courts—have press officers of some kind. This person
will spend some time promoting the judges or the court itself,
but this person also is likely the one to be addressed with questions
of access to courtrooms, judges, clerks, dockets, files, transcripts,
and exhibits. And in the latter case, this is a person you must
establish a relationship with whether you are stationed full-time
in the courthouse or just dropping in occasionally.
Budget. The administration of the courts requires
money—taxpayers’ money. There are stories to be found
within the administration of the budget, such as judicial salaries,
and the operation of a court system, such as disposition rates
and reversal rates of judges.
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