Miscellaneous

That's a Mighty Long Time

By Anne Skove, Esq.

"Forever!"

That's how long Kentucky's state court administration decided to retain records. The decision was made after the court was criticized for destroying old records. Now the court storage areas are more cluttered than a hoarder's attic after a swap meet.

Must misdemeanors, traffic cases, and other low-level stuff be kept? Will anyone ever read them? Do they really need two garlic presses and eight sets of measuring spoons? Do they seriously think that dress is ever going to fit them again?

Judges, court clerks, prosecutors, and the Department of Public Advocacy have convened to do what government types do best -- form a study committee. The group will review the policies and practices regarding retention and storage of court records.

People on both sides of the criminal fence have complained about the current policy of destroying misdemeanor and traffic records over five years old. The law and order side says purging makes it difficult to learn about past misconduct. Offenders say they don't have enough information to tell prospective employers that old charges were dropped.

Meanwhile, the state spends $150,000 annually to store records in the Kentucky Department for Libraries and Archives.

What alternatives exist? Our library peeps tell us that microfiche (which sound like the little swimming critters that bite your ankles when you go barefoot in the creek) is still a good idea after all these years. It's stable, takes very little space, and even if there's no machine the film can be read by holding it up to the light. In other words -- low-tech by some standards, but long-lasting.

Digital is fun but, as one librarian put it, "anything digital has a shorter lifespan than even acid-rich paper!" Another library-type-geek-husband noted, "It's a shame the courts can't get Google to pay for digitization of court records they way they're doing it for library collections."

Also, a middle-of-the-road retention policy would make sense. Something between 5 years and forever...

Let's hope the new committee comes up with some ideas, listens to good ones already out there, and is able to wean the state court from its addiction to paper and large closets.

See Kentucky Needs New Way to Archive Court Records, Jason Riley, Courier-Journal (August 31, 2008).

Full post as published by court-o-rama.org on September 03, 2008 (boomark / email).