Naked Conch: "Just Enough to Get By" Attitude of Local Government Needs to Change

Clerk Enters Discussion of Access to Online Records

- Naked Conch - Posted by Matt Gardi - August 4, 2012
What do you call the person who graduates last in Med School?
Doctor.
That is the attitude that permeates so many of our local government officials. If it is not an obligation, or requirement, why do it? Let's do just enough to get by. I say we can do better.

Recently Clerk Danny Kolhage entered the fray of the debates between Clerk of Courts candidates because he wanted to correct the “level of misinformation” circulating. I thank Mr. Kolhage for offering his perspective.

As one of the candidates that has advocated that the Clerk’s Office can do a better job providing convenient online access to records, I am fully aware of the statutory requirements, and provisions of Administrative Orders that exist. However, where I differ with Mr. Kolhage, and Clerk Candidate Kevin Madok, is in their application and interpretation of such requirements, and solutions I feel that are available to abide by the requirements while providing better access.

For instance, Administrative order AOSC07-49 states in section 3, “The following records may be made available electronically provided the clerk of courts ensures that the described records are manually inspected and no confidential information is released... c. a record that has been individually and specifically requested.”

The operative words being “MAY BE MADE AVAILABLE.” Mr. Kohlage and Kevin Madok may interpret this as the fact that they “don’t have to” make them available. The requirement to provide records is further diminished later when the order states that it does not create an obligation of the clerk to provide the records electronically.

However, as a candidate for Clerk, I interpret this to mean I “CAN” provide the record, provided I ensure confidential information is redacted. Therein lies the other challenge. Mr. Kolhage and Kevin Madok describe the arduous method they uses to redact a file manually, after it has been requested. This is where the public waits, or has to come back another day. I am empathetic to this inconvenience, but apparently Kolhage and Madok don't think this is an issue.

My argument has been that all redactment should occur on the front end, as documents are entered into the Clerk’s Odyssey case management system or submitted via e-filing, then provided online as users request them from the convenience of their home. And yes, Odyssey can redact, that’s where understanding technology helps. This comes down to management, and user training. I have spoken in depth to Tyler Technologies, developers of Odyssey, and have implemented a similar system at the Office of the State Attorney.

Debates rarely provide the time to substantiate one’s point within the constraints usually provided, most often one minute responses. That may lead attendees, and Mr. Kolhage and Mr. Madok to infer that a candidate is oversimplifying, and doesn’t have the full grasp of a complex issue. That simply is not the case in my expectations of better online access to records.