First Amendment action filed against Montgomery County Clerk of Courts

The news company is asking the clerk’s office to revise its policies around the digital filing of civil complaints.

“In the transition from paper filing to e-filing, the federal courts and many state courts have maintained the tradition of on-receipt access, making complaints available to press and public as they cross the virtual counter,” Courthouse News Service stated in its complaint.

The Montgomery County Clerk of Courts Office said it’s doing everything it can to make records available to the public. The clerk’s office operates a website where people can digitally search for public records.

The complaint alleges Montgomery County’s Clerk of Courts is withholding civil complaints after they’ve been submitted to the court.

“Processing new petitions is not the problem and is not a condition precedent to public access. All e-filing courts must conduct some kind of administrative processing of New Complaints,” according to the complaint. “The problem arises when a court withholds new civil complaints from the press and public until after processing is complete.”

The complaint states that Foley’s office restricts access to the e-filed civil complaints until court staff have processed them. Courthouse News Service describes “processing” as a series of administrative steps.

“As a result, all newly e-filed civil complaints are effectively sealed upon receipt, with access commonly withheld for one to three days after filing, turning them into ‘old news,’” the complaint alleges.

On Sept. 19, Courthouse News sent a letter to Foley’s office requesting that he discard the restriction on access to new civil complaints. The letter remains unanswered, according to the complaint.

Courthouse News Services has filed similar complaints against other counties in Ohio. In March, the Franklin County’s Common Pleas Court clerk lost a First Amendment case with the news service.

As of Wednesday, the clerk’s office said it has not been officially served with the complaint. But after receiving the complaint, it will review it.