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Digital records must be open, too
The Gazette Opinion Staff
Jul. 20, 2011 12:57 am
By The Gazette Editorial Board
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The Iowa Supreme Court wisely overruled lower-court decisions that would have allowed information on dismissed criminal cases to be removed from public electronic court records.
Proceedings of Iowa's courts have always been available to the public. The state Legislature requires it. The Internet and advanced computer technology, however, have made it much easier and faster for anyone to check on the status of criminal cases across the state. The electronic dockets are now the official dockets for Iowa's court system. But changing the system doesn't mean access to open records should be curtailed in any major way.
Defendants in Cedar Rapids and Polk County whose operating while intoxicated and assault charges, respectively, were dismissed asked District Court judges to have the docket information removed. Both won initial approval.
However, the high court disagreed, saying the intent of state law is to maintain public records of criminal case proceedings, other than those cases where conditions of deferred judgments are met. The court noted that if the District Court rulings were upheld, it would also allow destruction of remaining paper files, too.
Most important is what's in the public's interest. Court records are open so that all Iowans, not just the media or a few privileged people, are able to monitor the work of police, prosecutors and judges. The openness helps prevent someone from being prosecuted in secret without anyone knowing about it or about the outcome.
We understand that innocent people who win dismissal or acquittal of their cases are concerned that keeping information available online might, for example, hurt their efforts to land a job. That doesn't seem completely fair. And the high court did keep the door open to finding a better way to address those concerns.
For now, the fairest and best way is to make sure the information - including dismissals and acquittals - is complete, accurate and posted promptly and clearly.
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