Please explain this to me, does not seem correct

[helpbnb]

What is the name of your state (only U.S. law)? NY

Public Access to Court Records

Middlesex Court Information Requests can be found here.

The Judiciary as defined in Section 84 is exempt from applications pursuant to the Freedom of Information Law. Requests made to the Court for information should not be made under FOIL. this part does not seem correct?

Although the Courts are exempt from the Freedom of Information Law there are many other disclosure requirements for the books and records of the Courts in accordance with other laws.



SECTION 2019-8 Uniform Justice Court Act Justices,

Criminal Records and Dockets

The records in dockets of the Court except as otherwise provided by law shall be at reasonable times open for inspection to the public ...



SECTION 255 Judiciary Law

A clerk of a court must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records, and dockets in office; and either make one or more transcripts or certificates of change therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs him, can not be found.

The fee for copies of documents will be $0.25 per page.

According to the above sections of the Uniform Justice Court Act and the Judiciary Law, the Court:

• Must permit the records and dockets to be at reasonable times open for inspection to the public

• The Clerk (where there is no Clerk, the Judge) must search files, papers, records and dockets in the Court office and make certain copies (for a reasonable fee)

• Must permit the docket book of the Court to be kept open during business hours for search and examination by any person.

Seems to me pieces and parts of the law??What is the name of your state (only U.S. law)?

 

[You Are Guilty]

What is the name of your state (only U.S. law)? NY

Public Access to Court Records

Middlesex Court Information Requests can be found here.

The Judiciary as defined in Section 84 is exempt from applications pursuant to the Freedom of Information Law. Requests made to the Court for information should not be made under FOIL. this part does not seem correct?

Although the Courts are exempt from the Freedom of Information Law there are many other disclosure requirements for the books and records of the Courts in accordance with other laws.



SECTION 2019-8 Uniform Justice Court Act Justices,

Criminal Records and Dockets

The records in dockets of the Court except as otherwise provided by law shall be at reasonable times open for inspection to the public ...



SECTION 255 Judiciary Law

A clerk of a court must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records, and dockets in office; and either make one or more transcripts or certificates of change therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs him, can not be found.

The fee for copies of documents will be $0.25 per page.

According to the above sections of the Uniform Justice Court Act and the Judiciary Law, the Court:

• Must permit the records and dockets to be at reasonable times open for inspection to the public

• The Clerk (where there is no Clerk, the Judge) must search files, papers, records and dockets in the Court office and make certain copies (for a reasonable fee)

• Must permit the docket book of the Court to be kept open during business hours for search and examination by any person.

Seems to me pieces and parts of the law??What is the name of your state (only U.S. law)?

Uh, what exactly is it you are trying to accomplish? Just what records do you want to obtain?

 

[helpbnb]

Arrest and eviction records for a Family Court proceeding with the respondent in this action. The respondent has 15 pages of reports through her county of residence. The Justice is stating that her court is exempt from the freedom of information law but from what I have read it looks like all village and towns courts adhere to the FOIL. The Justice has ties to the respondent and continues to talk in circles regarding FOIL request matters.

 

[tranquility]

I'm still not quite sure what you need or where you are in the litigation. Could you subpoena the records? Why doesn't your attorney just look them up?

What "record" do you mean? What fact are you trying to prove?

What is the legal status of the dispute you want the records for? Has a case been filed? Are you in discovery? Are there court orders out there? What?

 

[FlyingRon]

FOIA and it's stateside relatives are usually a poor way of obtaining evidence for court cases. Discovery and subpoena's are the proper way.

 

[helpbnb]

I am simply requesting records from a village court that handles evictions, traffic and other smaller offenses.
The Justice has posted and told me that her court does not need to adhere to the freedom of information law.

 

[Zigner]

I am simply requesting records from a village court that handles evictions, traffic and other smaller offenses.
The Justice has posted and told me that her court does not need to adhere to the freedom of information law.

Please answer the question posed:

Uh, what exactly is it you are trying to accomplish? Just what records do you want to obtain?

 

[helpbnb]

There is no court case as of yet. We are at the start of the process. I am simply requesting information through FOIL but I have been told by the Justice of the court that they do not adhere to the FOIL. I am just trying to find out if all small town/village courts are exempt from the FOIL.

 

[helpbnb]

eviction records, arrest records, judgment records

 

[Zigner]

eviction records, arrest records, judgment records

Why do you need these records? What do you hope to accomplish by having those records?

 

[Silverplum]

Why do you need these records? What do you hope to accomplish by having those records?

I'm ass-u-ming that he wants 'em for family court:

Arrest and eviction records for a Family Court proceeding with the respondent in this action. The respondent has 15 pages of reports through her county of residence.

Poster, if you think that "eviction records" and such are going to help you win in family court, you are likely mistaken. The arrest records would have to be pretty darn interesting to be of value.

 

[helpbnb]

my question was does the FOIL apply to village and town courts in New York?

 

[helpbnb]

actually the eviction was the deciding factor on why the children were removed by the court. That in itself was not the only factor but was the deciding factor to the judge. Oh and owing $12,000 to $15,000 in evictions for only 3 residences shows that mom can not care for her children..I am not going to further this conversation any further unless someone wants to answer my question about the FOIL.

Thank you all for your comments

 

[Silverplum]

actually the eviction was the deciding factor on why the children were removed by the court. That in itself was not the only factor but was the deciding factor to the judge. Oh and owing $12,000 to $15,000 in evictions for only 3 residences shows that mom can not care for her children..I am not going to further this conversation any further unless someone wants to answer my question about the FOIL.

Thank you all for your comments

Okey-dokey.

 

[Silverplum]

So, if one were to google Middlesex, NY Courts, one finds this very simple form is linked right ABOVE your area of complaint:

Middlesex Court Information Requests can be found here.

http://www.middlesexny.org/court/Court%20Information%20Request.pdf

So what is the Big Ol' Problem? (Aside from the fact that your Plan Of Action is faulty at its root.)