Suing a prosecuting attorney

[Mcrmissouri]

I'm in Missouri. My ex was arrested back in March for domestic violence against both my son and myself. After nine monh we were just subpoenaed for trial. No where in the last nine months has the prosecuting attorney contacted us. We are to just show up Friday with no prep or idea to what we are walking into. I have left numerous messages. Today I got on Missouri's casenet to try to update myself. I notice they have listed my minor childs full name on the docket. I am enraged! Enraged to the point of hiring an attorney and suing them! This is on public record and he is a victim! ! Is my anger and thought on speaking with an attorney to sue even possible?

 

[quincy]

I'm in Missouri. My ex was arrested back in March for domestic violence against both my son and myself. After nine monh we were just subpoenaed for trial. No where in the last nine months has the prosecuting attorney contacted us. We are to just show up Friday with no prep or idea to what we are walking into. I have left numerous messages. Today I got on Missouri's casenet to try to update myself. I notice they have listed my minor childs full name on the docket. I am enraged! Enraged to the point of hiring an attorney and suing them! This is on public record and he is a victim! ! Is my anger and thought on speaking with an attorney to sue even possible?

You have good reason to be upset. Your child's name should have been redacted and it is generally the responsibility of the attorney to see that it is. I suggest you contact the court to see that corrections are made.

I do not see that you have a lawsuit worth pursuing, however. Mistakes are sometimes made.

 

[Ohiogal]

You have good reason to be upset. Your child's name should have been redacted and it is generally the responsibility of the attorney to see that it is. I suggest you contact the court to see that corrections are made.

I do not see that you have a lawsuit worth pursuing, however. Mistakes are sometimes made.

Actually it doesn't necessarily HAVE to be redacted. It normally is. But the prosecutor is NOT the one responsible. The clerk of courts is responsible. And the prosecutor has immunity. This OP has no where to go.

 

[quincy]

Actually it doesn't necessarily HAVE to be redacted. It normally is. But the prosecutor is NOT the one responsible. The clerk of courts is responsible. And the prosecutor has immunity. This OP has no where to go.

I disagree. Missouri law states that any pleadings, attachments, or exhibits filed with the court in any case should not include full social security numbers, full credit card information or other financial account numbers of any party, or full names of minors. It is the sole responsibility of counsel and the parties to make sure that the redaction of personal identifiers is done prior to filing. The court clerk generally will review the pleadings for required redaction and will notify parties if they have not redacted this information.

I agree with you, however, that there is no lawsuit to pursue against the prosecutor.

Federal Rules of Civil Procedure, Rule 5.2, Privacy Protection for Filings Made with the Court: https://www.law.cornell.edu/rules/frcp/rule_5.2

 

[Ohiogal]

I disagree. Missouri law states that any pleadings, attachments, or exhibits filed with the court in any case should not include full social security numbers, full credit card information or other financial account numbers of any party, or full names of minors. It is the sole responsibility of counsel and the parties to make sure that the redaction of personal identifiers is done prior to filing. The court clerk generally will review the pleadings for required redaction and will notify parties if they have not redacted this information.

I agree with you, however, that there is no lawsuit to pursue against the prosecutor.

Federal Rules of Civil Procedure, Rule 5.2, Privacy Protection for Filings Made with the Court: https://www.law.cornell.edu/rules/frcp/rule_5.2

1) State law is not governed by the Federal Rules of Civil Procedure.
2) The docket is NOT a filing. It is the docket which is prepared and maintained by the clerk's office.
3) The clerk is the one responsible for the docket. She didn't say it was on pleading -- she said it was on the docket. The one responsible for the information on the DOCKET is the clerk. Those are two different things. Very different things.
4) No one knows where the clerk got the information for the docket. It could have been in an order from the judge. That would NOT have been the prosecuting attorney's fault either. So no, she can't blame the prosecuting attorney for what appears on the docket. That attorney is NOT to blame.

 

[Mcrmissouri]

Might I add, when the sheriff came to subpoena us, my son was not listed as a minor, so I had to provide proof to the sheriff he was very far under the age of 18. He apologized and told me this is the information that was given to him from the prosecuting attorney's office. Also, one of his charges are against a minor. So it's loss of common sense and being thorough and having tact with a case.

 

[Ohiogal]

Might I add, when the sheriff came to subpoena us, my son was not listed as a minor, so I had to provide proof to the sheriff he was very far under the age of 18. He apologized and told me this is the information that was given to him from the prosecuting attorney's office. Also, one of his charges are against a minor. So it's loss of common sense and being thorough and having tact with a case.

Subpoenas are NOT just issued to victims. They are also issued to witnesses. And what a sheriff is told is NOT public knowledge.

 

[quincy]

1) State law is not governed by the Federal Rules of Civil Procedure.
2) The docket is NOT a filing. It is the docket which is prepared and maintained by the clerk's office.
3) The clerk is the one responsible for the docket. She didn't say it was on pleading -- she said it was on the docket. The one responsible for the information on the DOCKET is the clerk. Those are two different things. Very different things.
4) No one knows where the clerk got the information for the docket. It could have been in an order from the judge. That would NOT have been the prosecuting attorney's fault either. So no, she can't blame the prosecuting attorney for what appears on the docket. That attorney is NOT to blame.

Again, only the initials of a minor child must be used even on the dockets. It is the responsibility of the attorney/party to see that the full name of a minor is not used in court filings so that the court clerk does not make the full name of a minor part of the public record.

The rules on redaction that ALL states follow (including Ohio) are in response to the E-Government Act.

Missouri Court Privacy: http://www.mow.uscourts.gov/district/cm/privacy.pdf

Missouri Court Operating Rules: http://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/0/dc2e80286afa4ad286256ca60051dee2?OpenDocument

Ohio Redaction and Privacy Warning: http://www.ohsd.uscourts.gov/redaction-privacy-warning

I see a failure on the part of the prosecuting attorney to replace the name of the minor child with the initials of the minor child. This failure, however, is a correctable one and not the basis for a lawsuit.

 

[Mcrmissouri]

After meeting with the PA today, the mistake was corrected and apologized greatly for. But, minors and victims can NOT be named, and yes, victims can be subpoenaed and the prosecuting attorney is responsible for this mistake! Had they called back and been in contact timely, I wouldn't have been as upset about taking legal recourse.

 

[CTU]

After meeting with the PA today, the mistake was corrected and apologized greatly for. But, minors and victims can NOT be named, and yes, victims can be subpoenaed and the prosecuting attorney is responsible for this mistake! Had they called back and been in contact timely, I wouldn't have been as upset about taking legal recourse.

Timely?

It's Christmas - just how timely do you think they should have been?!

 

[quincy]

After meeting with the PA today, the mistake was corrected and apologized greatly for. But, minors and victims can NOT be named, and yes, victims can be subpoenaed and the prosecuting attorney is responsible for this mistake! Had they called back and been in contact timely, I wouldn't have been as upset about taking legal recourse.

It is too bad that your son's name was not redacted originally. You had every reason to be upset. I am glad that you contacted the prosecuting attorney to point out his error so the mistake could be corrected on the public filings.

No one is immune from making mistakes, including prosecuting attorneys. Fortunately mistakes of this sort do not happen often.

Good luck with the trial.

 

[Ohiogal]

After meeting with the PA today, the mistake was corrected and apologized greatly for. But, minors and victims can NOT be named, and yes, victims can be subpoenaed and the prosecuting attorney is responsible for this mistake! Had they called back and been in contact timely, I wouldn't have been as upset about taking legal recourse.

Seriously? You said it was on the DOCKET. You never mentioned it was in pleadings. I find you ridiculous. Witnesses (not just victims) can also be subpoenaed. You didn't respond to that that or any other thing I questioned. But whatever.

 

[quincy]

Seriously? You said it was on the DOCKET. You never mentioned it was in pleadings. I find you ridiculous. Witnesses (not just victims) can also be subpoenaed. You didn't respond to that that or any other thing I questioned. But whatever.

The name of a minor should not appear on the docket. Not only is the boy a minor but he is also a domestic violence victim. Only the boy's initials should be used. It was the prosecutor's responsibility to see that the full name did not appear.