SUPERIOR COURT INQUIRY

Transcription

1 APPENDIX A SUPERIOR COURT INQUIRY BY COUNTY INTRODUCTION The methods used to search for information regarding the special circumstances from each county will be set out below. Each data page will indicate the (1) county name and superior court information; (2) total number of inmates sentenced to death in each county; (3) method(s) available for research of the special circumstances; (4) methods used; (5) number of results obtained by each method; (6) nature of the information obtained; (7) obstacles faced where no information obtained; and (8) other information. 1

2 ALAMEDA 1225 Fallon Street Oakland, CA Records: (408) Total Number of Cases: 55 /Attempt ing for records or files longer than 10 minutes requires a $15.00 search fee and such requests must be made in writing or in person. Not available for Criminal cases. DomainWeb Public Access Website for General Civil, Probate and Family law cases only. CitationServlet provides information about traffic citations. Limited availability. According to website, Criminal Division is unable to do any extensive research over the telephone. Other All written requests must be accompanied by a self-addressed stamped return envelope. Requests for certified copies require $0.50 for each copy plus $15.00 for the document certification. to Professor Steven Shatz. 2

3 AMADOR 108 Court Street Jackson, CA Total Number of Cases: 1 Available. None. The court does not perform record searches via the telephone for any party except Governmental Agencies. Written requests can be submitted along with required fees and a selfaddressed, stamped envelope. There is a copy charge of $.50 per page, with a certification fee of $15.00, if applicable. Check or money order only. If the case number is unknown, other specific information must be provided, such as a specific name, date of birth, social security number, driver s license, etc. There is a $15.00 search fee if the searching of the record or file takes longer than 10 minutes. 3

4 BUTTE 1 Court Street Oroville, CA (530) Total Number of Cases: 3 There are computers available for records searching at the courthouse in Oroville. The search system on the computers is the same as the one available on the internet. Information for all non-confidential, non-sealed, case types is available on line (Civil, Criminal, Family Law, Probate, Small Claims, Traffic, etc.). Only need the last name of the defendant to do the search, but the results do not include the specific special circumstances. They do list the penal code sections for the special circumstances, though. For example, for the Hillhouse case, they listed (a)(17), PC190.2(a)(17), PC12022(b). No searches over the phone. Requests by mail should include an estimate of the year defendant was convicted, defendant s name, and any other information available. fees apply. 4

5 CALAVERAS 891 Mountain Ranch Road San Andreas, CA Telephone: (209) Total Number of Cases: 1 A computer system is available, which dates back to June Records prior to that can be located in the records index books that date back to Any records prior to that may be obtained on microfilm or microfiche. Most files are stored off site, so files may have to be requested to be retrieved, which may take a day or two to get back to the court. The court will retain the file for two weeks before sending it back to storage. Not available. Not available. Send requests in writing along with a self addressed stamped envelope for return mail. Indicate the case number, party named, date of birth and date of filing (if known). If the case number is unknown, it will be considered a record request. Record searches cost $ Copies are $.50 per page. 5

6 COLUSA 547 Market Street, Colusa CA Main: (530) Total Number of Cases: 3 Public terminal available for searches. No searching fee. Not available. 2/2/07 Phone call to main number. Clerk very helpful. When provided with name of defendant, clerk was able to provide penal code section reference to special circumstance. Requests can be made by mail. Other - Fax This county also accepts requests by fax. 6

7 CONTRA COSTA 1111 Ward Street, Martinez CA Criminal Records Request: (925) Total Number of Cases: 20 If the case is closed, the file is housed in the records unit in Health Building, 1111 Ward St. Martinez. Not available for Criminal cases. Open Access program available to access Civil, Small Claims, Family Law and Probate matters. Website states that court staff cannot look up any criminal records over the telephone. 2/7/07 Clerk stated that information could not be obtained over phone or by fax. Clerk then stated that could give disposition of case if provided with the case number or first, middle, and last name of defendant. 3/28/07 Provided clerk with case number and name of one of the defendants. Clerk stated difficulty with finding information regarding special circumstances. Clerk asked how many defendants for whom researcher needed information. When told nine defendants, clerk stated that either the researcher needed to come in person and make request or send written request per the instructions on the website. Check or money order for $5.00 for each name to be searched. Include name, date of birth (if known), and documents requested along with a self addressed stamped envelope for return mailing. For requests for criminal records, include check made out to Clerk of the Court, a self-addressed stamped envelope, the defendant s name, the defendant s birth date (if known), and the name of the documents to be copied. Certified copies are $15.00, plus $.50 per copy per page. 7

8 EL DORADO Department 7, 2850 Fairlane Court, Placerville, CA Total Number of Cases: 4 The customer will be directed to look through the court index for case numbers and/or case names filed prior to If the customer is looking for a case number and/or case name filed 2000 or later, the clerk will search the computer index. Requests that involve more than 3 names will need to be provided in written form to the court and left for processing. There will be no charge for this service. All written requests will be conducted on a first come/first serve basis and will be completed within 10 business days. If the customer requests the clerk conduct a search of case numbers and/or case names filed prior to 2000, the customer must put the request in writing and provide the appropriate search fee. There is a fee for each search of records or files that requires more than 10 minutes Other - Fax Not available. Not available over the phone. If submitting search by mail, enclose a check made out to Superior Court on the payee line.if the customer is requesting copies of documents, such as sentencing information, judgment paperwork, pleadings, etc., the customer must provide the case name and/or case number. The search fee of $15.00 will apply and there will be an additional charge of $0.50 per page for copies of documents. If the case is in storage, there will be a $4.00 retrieval fee for each file requested. of records filed after the year 2000 may be submitted by fax if the customer requires only a case number result. Results of searches submitted by fax may be picked up at the Clerk s Office, may be ed to the requestor or returned by mail in a self-addressed, stamped envelope. 8

9 FRESNO 1963 "E" Street Fresno, CA Archives: (559) Total Number of Cases: 18 Available, identification required. Not available for Criminal cases. Banner CourtConnect program available for Civil General, Civil Limited, Family Law, Probate, and Small Claims matters. 2/7/07 Phone call to (559) Told to call (559) , no answer, then call disconnected. 3/28/07 Phone call to (559) Spoke with operator/clerk and told to call same number as before. Told clerk that no one answered before. Clerk stated that usually takes minutes before operator would answer the call. 4/6/07 Phone call to (559) Phone rang for two minutes, then disconnected. undetermined. 9

10 GLENN 526 W. Sycamore St., Willows, CA Total Number of Cases: 1 Available in the Records office for no fee. Clerks are also available to do searches for a per name fee. Some of cases are available on microfilm. For cases kept at offsite, there is a two day waiting period. For cases kept in the Records office, there is no waiting period unless the case is in one of the courtrooms. Online Case Index available. Only need to know defendant s name. The special circumstances are not listed, though. Undetermined. May request this information through the mail. Requests must include the name to be searched, the type of case involved, and the approximate date of the case. Also include a search fee and any copy fees, and a self addressed envelope. Please allow five (5) working days for the search to be completed. 10

11 HUMBOLDT 825 Fifth Street Eureka, CA Main: (707) Total Number of Cases: 3 Make requests at criminal window. Window hours are 10:00 a.m. to 4:00 p.m. Not available. 2/7/07 Phone call to (707) No answer. Recording said only open from 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. 3/28/07 Phone call to (707) Spoke with records clerk fairly helpful. Clerk could not find actual special circumstances, but able to provide charges against defendant. Can send a request for records by mail. There is a $15.00 searching fee and $.50 per page fee for copies. 11

12 IMPERIAL 939 Main Street El Centro, CA Main: (760) Total Number of Cases: 3 Available, with help from clerk. Not available. 2/7/07 Phone call to (760) Told to call (760) Records clerk stated that date of birth and middle name needed to obtain information. 3/28/07 Phone call to (760) Provided clerk with case numbers and clerk provided information. However, not under 190.2, so probably need letter request. It would take a day to pull file. Can make requests by mail. 12

13 INYO 168 N. Edwards St. Independence, CA (760) Total Number of Cases: 1 Fill out form for search requests, $.50 per copies, and fee of $15.00 for searches that take longer than 10 minutes Not available. 11/16/2007- Clerk willing to do search over the phone, but the birth date of the defendant is usually needed. She could not find Stankewitz in the system. Available by mail. 13

14 KERN 1215 Truxtun Avenue Bakersfield, CA Criminal Felonies: (661) Total Number of Cases: 29 Fee if research done by clerk. Charges/Dispositions and Sentencing information available, but no information regarding special circumstances. Initial search of defendant name alone provided links to (1) Defendant name; (2) Case number; (3) Filing date; and (4) Year of birth. Therefore, each case had to be accessed individually in order to locate the Penal Code 187 charge. Further, certain cases were designated as Archived and not available for on-line research. Other Requests to look up a case are not taken over the telephone and information regarding a specific case cannot be given by telephone. Mail Requests must include the research fee to look up the case number, any copy fees that apply, and a self-addressed, stamped envelope for the response. from Art Titus (Kern County Public Defender). CJIS. 14

15 KINGS 1426 South Drive Hanford, CA Main: (559) (x 3034 Criminal) Total Number of Cases: 4 Requests must be made either in person or by written request with the appropriate fees enclosed. Not available. Website states that clerks cannot assist with record search by phone. 4/6/07 Phone call to (559) Clerk provided case numbers of defendants and nature of convictions. Information regarding special circumstances available for only one of three defendants. If case number, written request with appropriate fees. If no case number, written request for case search, $5.00 fee must provide (1) specific name of defendant (2) date of birth (3) social security number (4) driver s license number and (5) violation if known. Also must provide a self-addressed, stamped envelope for the return of documents Present Hanford Division; Pre-1989 Corcoran or Avenal Divisions. 15

16 LAKE 255 North Forbes Street Lakeport, CA Main: (707) Records: (707) Total Number of Cases: 2 undetermined. Not available. Clerk provided case number of defendant and special circumstances. undetermined. 16

17 LOS ANGELES Main: (213) Total Number of Cases: 247 Photocopies of public records can be requested in the Clerk s Office at the appropriate court location. The Clerk s Office will conduct a name/index search when requested. Limited availability. Paid subscription or search fee to LA Court Online required to search Index of Criminal defendants. Index contains felony case records from 1973 to present. Undetermined whether case information includes special circumstances. Name indexing and case disposition information is not provided over the telephone. 4/3/07 Phone call to (213) Name and case number required. 4/3/07 Phone call to Archives at (213) No answer. Phone call to Los Angeles Superior Court Archives Manager. Left message for Mark Hoffman (archives manager). Other Results may be picked up or returned in writing in a self-addressed, stamped envelope. Jennifer Friedman 17

18 MADERA 209 West Yosemite Avenue Madera, CA Criminal: (559) Total Number of Cases: 3 Requests may be made at the Criminal Division or the Sierra Division. Not available. 4/6/07 Phone call to (559) No answer. Provide as much information as possible, including full name(s), date of birth and any additional information available. The fee for a record search is $15.00 per name, per index. There will be an additional fee if copies of documents are requested. The fee for copies is $.50 per page. If certification is requested, an additional $6.60 per case will be assessed. 18

19 MARIN Civic Center Hall of Justice San Rafael, CA Main: (415) Total Number of Cases: 1 Public viewing schedule. Public computers available at the Records Management office. Court Online Index available as of 10/13/07. (Not available on 10/14/06.) to courtrecords@marincourt.org (checked twice daily). The Civil and Criminal divisions are unable to conduct research over the telephone. But, may call in advance of going in person to make sure that the file is available for viewing. 4/6/07 Phone call to (415) Clerk given only defendant s name and able to provide special circumstances found. Please include any pertinent information (party names, dates, desired information/document(s) to be copied), a check for the research fee plus the copy/certification fee (please refer to the Court Filing Fee Schedule) and a self-addressed, stamped manila envelope. 19

20 MENDOCINO 100 North State Street, Room 108 Ukiah, CA Court Clerk: (707) Total Number of Cases: 1 Available. Case Index available on line for cases after The database does not give any specific information about cases, though. It only lists criminal cases as criminal or criminal non-traffic. Danielson not listed on in the Case Index, because it was a 1986 case. Undetermined. Undetermined. 20

21 MERCED 2260 North Street Merced, CA Main: (209) Total Number of Cases: 5 Available at Criminal Division counter. No charge for search. There is a $15.00 fee for certification and $.50 a page for copies. Not available. Limited information provided. 4/6/07 Phone call to (209) Gave clerk case number. Clerk reported death penalty conviction. Clerk could not provide specific conviction and told researcher to submit written request for the information. Other Available. to Wayne Alan Eisenhart (Merced County Public Defender). Referred to William A. Davis (trial counsel). 21

22 MONTEREY 240 Church Street Salinas, CA Main: (831) Total Number of Cases: 7 Need to know which courthouse to go to, which is indicated by the letters in front of the case number. fees include $5.00 per name, $.75 per page for copies, and $7.00 for certification. Public Access Index. Special circumstances not available. 4/6/07 Phone call to (831) Gave clerk case number. Clerk able to provide special circumstances for each defendant. Available. Need case or docket number, and the number included on the check. Also include a self-addressed, stamped envelope. Please allow 30 days for processing. 22

23 NAPA 1111 Third Street, First Floor, Napa, CA Main: (707) Total Number of Cases: 2 In general, searches are performed in the computer, case files, microfiche, microfilm or indexes. If it takes more than ten minutes to identify the cases associated with a name search or to locate documents in a file, the fee is $15. Most searches will probably not take more than 10 minutes. A search is defined as identifying cases associated with a name or identifying documents associated with a name. es will be limited to a maximum of ten names or ten case records per day. fees are assessed when: There is a request for information from a case file(s) and only the name of the defendant or plaintiff is provided. In this instance, the search commences when the clerk begins searching the computer, case file, microfiche, microfilm or other resource to identify the associated case file number. There is a request for a document within a case file. If the case file number is known, the time spent searching for the document commences once you begin looking through the file. Otherwise, the time spent searching begins when the case file number must be identified in order to locate the document. Once the case file numbers are identified as the result of a name search or the requested documents within a case are located, the search activity concludes. If these activities take longer than 10 minutes, a $15 fee is assessed. Making copies not included as time involved in the search since a copy fee will be assessed at the rate of $.50 per page; certified - $15.00 fee. 23

24 All requests received in the mail must be accompanied by a Visa or MasterCard account number, including the expiration date. Record searches will be performed based on the information provided by the requestor. An AKA constitutes an additional or separate name search request. Only when there is proper authority may information be given to attorneys in juvenile cases, sealed cases or any cases where statute prohibits disclosure. Record Request Form available (see attached). On-line Record Request System. Website states: Court staff will continue to accommodate telephone requests from the defendant or his/her attorney for calendar or case information. All other requests for record searches must be submitted in writing to Clerk s office or in person. 4/6/07 Phone call to (707) Clerk stated that written request required. Available (See above). 24

25 ORANGE 700 Civic Center Drive West, Santa Ana, CA (714) Total Number of Cases: 60 undetermined. Vision Public Access. Provides extensive case information, including special circumstances alleged and proved. On 2/8/2007 only civil case database available. 2/8/07 Phone call to (714) The Central Justice Center number for the Orange County Superior Court provides detailed instructions on how to request records. Clerk reported that charging document and jury verdict would have very little information pertaining to the special circumstances. Clerk suggested request of the Sentencing Minute Order and Abstract of Judgment and Commitment, which would contain the DOJ prison sentence. Other Request for Record form available on-line (see attached). to Greg Paraskou (Santa Barbara Public Defender). Referral to Debbie Kwast or Tom Havlena. 25

26 PLACER 700 Civic Center Drive West, Santa Ana, CA (530) Total Number of Cases: 4 undetermined. Court hours are Monday-Friday, 8:00 a.m. to 3:00 p.m. Not available. undetermined. undetermined. 26

27 RIVERSIDE 4100 Main Street Riverside, Ca (951) Total Number of Cases: 65 Request for copies may be made in person in the Criminal Division at the court where the case is filed. The fee for copies is $.50 per page. If certification is requested, an additional $15.00 per document will be assessed. Following information required: (1) defendant name; (2) case number; (3) date of birth (if known); (4) specific documents requested. Open Access database available on-line provides information on Civil, Criminal (Felonies from 1990) and Traffic cases. Disclaimer regarding accuracy of information. PDF instructions available. can be conducted by (1) case number or (2) defendant name. If search by defendant name, a list of matching names will appear along with the following: (1) month/year of birth (2) case number, (3) filing date, (4) charges. For example, after typing the name Richard Booker, 10 matching names resulted along with the above information. As a result, I was able to select the PC 187 charge. Each charge was hyperlinked to additional case information: (1) defendant status; (2) defendant information; (3) charges; (4) action inquiry; (5) minutes (every phase of case available); (6) probation status; (7) case report; (8) fine information. For each of the 43 defendants, the Charges page often provided the special circumstances. For certain cases, however, it was necessary to search the minutes for the information. Since each section (phase of case) of the minutes had to be opened individually, it was easier to open up the case report, which contained the entirety of the minutes and did a find on this page for special circumstances or and had success in locating the special circumstance information in that manner. 27

28 The search efforts were not 100% successful for the following reasons: 1. Case too old 2. Name search without result even though case not too old 3. Special circumstances not specified 4. Special circumstances not available This is by far the most comprehensive and helpful on-line research system. undetermined. To request copies in writing, submit a check (no cash). If total amount unknown, indicate under the amount line 'not to exceed $25.00.' The correct amount will be filled in and a receipt will be forwarded, along with the requested copies. All checks must be preprinted with makers name and address. Copy orders are filled within 7-10 working days. Include a self addressed, stamped envelope large enough to accommodate the request. 28

29 SACRAMENTO 720 9th Street, Sacramento CA Criminal: (916) Total Number of Cases: 43 If case is older than 1989, you can use the public microfiche located in the Criminal Records Unit at the Downtown Courthouse or you can contact the California Department of Justice. Case Index Program provides information on cases dating from 1989 to present. Must provide the precise data such as a specific name, date of birth, social security number, driver's license number, etc. Possible to search by name only. From list of matching names, could select each entry, which resulted in a new screen providing (1) every case number associated with the name; (2) filing dates for each case; and (3) court ID. No special circumstances. According to website, if you need to speak with someone you may call The court does not provide research over the phone. The court will not confirm or deny dates of birth, social security numbers over the phone. If case number, written request and check "Not To Exceed $25.00" to cover the initial cost of the copies ($.50 per page; $15.00 for certified copy; $15.00 for searching records or files for each search longer than 10 minutes (includes index search). Court will notify ( or phone) should the cost exceed $ If appropriate fees not attached, or records information incomplete, request will be returned. 29

30 SAN BERNARDINO Multiple Locations Total Number of Cases: 46 Request for copies ($.50 per page; $15.00 for certified copy) may be made in person in the Criminal Division at the court where the case is filed. Information required: (1) defendant name; (2) case number; (3) date of birth (if known); (4) specific documents requested. Open Access on-line system. Court Case Number (two-letter jurisdiction code followed by number). Case type is the prefix (i.e. RCV, RCI, SCV, SCI, etc). Example if your case number is RCV012345, your case type would be RCV and your case number would be RS (RS being the jurisdiction code and being the number). All information provided by the Superior Court of California, County of San Bernardino, through this Internet service is provided "as is", with no warranties, express or implied, including the implied warranty of fitness for a particular purpose. The San Bernardino Superior Court, furthermore, does not guarantee or warrant the correctness, completeness or utility for any general or specific purpose of the data available through the access of this site. In no event shall the San Bernardino Superior Court be liable for any damages, of any nature whatsoever, arising out of the use of, or the inability to use this service. Limited case data is available on cases filed prior to Please contact the appropriate Court District for access to information on older cases. System will be unavailable from 3:30 to 4:30 AM for case updating. If the Court Case Information System does not open in a new Window, then you must disable any "pop-up blocker" software. Unable to find records for six cases. Unable to find special circumstances for ten cases. Special circumstances are listed for others. undetermined. undetermined. 30

31 SAN DIEGO 220 W. Broadway, San Diego, CA (619) &_schema=portal Total Number of Cases: 43 Available with fees. Court Index Inquiry System available to search by name. provided (1) case number; (2) case location; (3) date listed. Once a list of matching names results, each case number can be selected for further detail. The view case detail screen adds only the district attorney number and whether the case has been microfilmed. Clerk stated that no files could be ordered over the phone without a case number. undetermined. 31

32 SAN FRANCISCO 850 Bryant Street, Room 101, San Francisco, CA Record Storage: Total Number of Cases: 6 Available with fees. Not available. undetermined. undetermined. 32

33 SAN JOAQUIN 222 E. Weber Avenue, Stockton Criminal: (209) Total Number of Cases: 11 Available, with micro fiche to look up case numbers. Clerks can help with search for $5.00 searching fee. Not available. Only for certain agencies. Can send in requests by mail. $15.00 for certified copies and $.50 for copies per page. 33

34 SAN LUIS OBISPO 1050 Monterey Street, Room 220, San Luis Obispo, CA Criminal: (805) Total Number of Cases: 4 Available. There are fees associated with request. Request files 1-2 weeks prior to coming to the court to view files. Not available. Clerk stated that Krebs case was a high profile case and she was not sure whether we could view the files. Told that Whisenhunt was on appeal. Asked clerk if could double check and call, but never received a call back. May make request in writing. Fees apply. 34

35 SAN MATEO 400 County Center, Redwood City Records: (650) Total Number of Cases: 18 2/6/07 Researcher used court s computer index system located in the records office (which is also available on-line) to perform a name search. For each defendant, name search resulted in a list of several case numbers. For one defendant, we received a list of over 25 cases numbers. The result page included: (1) case numbers; (2) jurisdiction; (3) file date; and (4) source (location of file). Clerk narrowed down case list to the felony cases. However, took further research to find the PC 187 charge. We ordered four cases. A fifth case we tried to order (from 1986) had been destroyed. Received two phone calls from the records department supervisor inquiring about my request. Told clerk about the Commission project and clerk responded that files would be ordered and available the following week. Researcher did not hear back until March. 3/27/07 Returned to court and viewed the four files requested. Each case consisted of several boxes. The files were very organized, however, and it was easy to locate the Minutes containing the verdict. Per the court s procedure, the researcher paper-clipped the pages to request copies; however, told would not be able to get them for two days. Returned on 4/3/07 to retrieve the copy job. Public Access Website. by name or case number. by name produces list of matching names. Unable to get any information on death penalty cases. However, extensive case information available for certain civil cases. Can make a request over the phone, but have to go to the court house to view the record or find out information from the record, 48 hours after request. They hold the file for 5 days. Can make a request in writing, but have to go to the court house to view the record 48 hours after request. They hold the file for 5 days. 35