Mason County Clerk Argues for Dollar Copies

[XLFD]

Courts should at least give the public the appearance that they are being ran fairly.  In Manistee County, I sued the City of Manistee for FOIA violations and the retired judge who tried the case was ignorant of the law and its application, so I needed to appeal his ruling to the Michigan Court of Appeals (I did, and eventually won disclosure and all of my costs back).  In the process, I had to print out the court docket (a list of court actions) for the appeal and had to have the county clerk print it out.  

I was informed it would cost me nine dollars for three pages.  In disbelief, I asked for alternative methods of getting the docket without having them print it out.  I was informed there was none, so I dutifully paid the extortive fee of $3 each for three pieces of paper.  As if to throw salt on the wound in my wallet, the last page only had a couple of words on it:  "End of report" and "Page 3".  

That's why I take great offense to Mason County Clerk Cheryl Kelly's defense of charging unfair and unjust costs for copies of public documents found in this recent news article by the Associated Press.  This article is reprinted with Kelly's lament in dozens of places like US News &WR, The Detroit News, The Washington Times, etc.  It begins:

LANSING, Mich. (AP) — Court clerks around Michigan are criticizing a proposal to allow phones and other electronic devices in courthouses.

Among their objections: They fear they’ll lose money.

The Michigan Supreme Court is holding a public hearing Wednesday in Lansing.

Courts typically charge people to make copies of public documents. Someone with an electronic device could do it for free. For example, Mason County charges $1 per page. Clerk Cheryl Kelly says the proposed rule “would put a dent in our revenue.”

Courts do not have to follow the Freedom of Information Act (FOIA), but they generally encourage and allow the public to inspect court files and dockets free of charge. The FOIA only allows a public body to charge for the actual incremental cost to make a hard copy of a record, this usually amounts to a couple of cents per page. Clerk Cheryl Kelly thinks providing public records at an unreasonable fee is a source of revenue rather than a source of shame for her office.  It seems the public is not on the same page as she, as can be read in the comments to the article below, many addressing the quote made by our county clerk:

"Seriously? Is this story a spoof? The clerks want to keep banning cellphones so they can keep charging a dollar a page for copies.?? Because they will lose money. This is a joke, right?"

"Wow this has nothing to do with justice, it’s always about the money."

"They are public documents, not your personal cash cow."

"Like ALL government it's about money and power NOT what is best for people."

"Good. They shouldn’t be making a profit off it anyway. I can see the fees for the time and materials, but there should be no profits made."

"I didn't serve my country to be exploited like a slave!"

It seems fairly unanimous to the concerned public that charging a dollar a copy (or three) is unjust and symptomatic of a corrupted court system.  But this will not be decided by an election, it will be decided by a bunch of judges who get all of their court records printed for free and who primarily communicate with court clerks and court administrators looking to pad their budget with unreasonable fees or go broke.  

The actual proposed rule change will have a public hearing at the Michigan Supreme Court this Monday, and is greatly desired by attorneys and most everybody else who will get additional benefits out of being able to use their smart phones and other electronic devices to send & receive text messages, check law libraries and consult with other attorneys while in the courtroom, as long as it is not disruptive to the process. 

[Willy]

At least she was being honest and told the press they are holding public information hostage for money. Just think of the time that could be saved if people were allowed to use their phones to copy information. The Government could save Trillions of dollars, well maybe, hundreds of dollars. At least enough to help fund shop with a cop if they promise to tell the public what happened to the left over money from previous Shop with a Cop money laundering efforts.

[XLFD]

I do appreciate her honesty in saying that, but then I look at the amount the county budget for the clerk's office has increased steadily by 15.4% in the period between 2016 (an election year, busy for clerks) and 2019 (a lean year for clerks), and come to the realization that the inflation rate has only been 6.4% during that period, and I see what the problem actually is.  Maybe Cheryl Kelly will someday honestly tell us why there is such a big difference and run off some of those dollar copies detailing it.

[Freedom Seeker]

It's like holding public documents hostage.