AN IN-DEPTH INSIGHT TO PUBLIC RECORDS & COURT TRANSCRIPTS
X1:)
Yes people it's me again here to tell you all about obtaining court transcripts and records. This time around, you will get the truth as I know no other way to do this. If there is anyone claiming that they are being charged exuberant fees for obtaining court documents and that they need donations I would ask why? Yes, transcripts can get expensive depending on how many pages you require.
There is actually no need to obtain any transcripts due to the fact that the trial will be televised. What we should do in all actuality is record the actual trial! Moreover, this in fact means that you can see this and what is being stated verbatim as opposed to looking through transcripts. Furthermore, I question the accuracy of sites doing this as some of them leave out huge portions of the transcripts. I also need to state for the record that if it is not in the televised version of the trial more than likely it will be sealed or redacted in the court transcripts.
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X1:
I have to question their motivation--getting people to click ads/requesting donations so that they can get paid from your patronage. If you notice this blog has no ads or donation requests present. I have elected to refrain from collecting money for what it is that I do and so have my colleagues. I do this for Michael. I like to write and it is my personal way of thanking him for all of the artistry, dedication, and life's lessons I have been taught via his medium of music. We are nearing a time of true intentions being revealed. I welcome this with open arms (X1 Smiles). If you do what you do for Michael from your heart--there is no price tag on any of it.
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Transcripts:
There is actually no need to obtain any transcripts due to the fact that the trial will be televised. What we should do in all actuality is record the actual trial! Moreover, this in fact means that you can see this and what is being stated verbatim as opposed to looking through transcripts. Furthermore, I question the accuracy of sites doing this as some of them leave out huge portions of the transcripts. I also need to state for the record that if it is not in the televised version of the trial more than likely it will be sealed or redacted in the court transcripts.
To ensure accuracy it is suggested that you watch the proceedings from television as you can get a better understanding from them. I do hope that the coverage for the trial is in real-time and not recorded so that no editing or omissions are possible. The televised proceedings will be as close to that court room as you can get without being physically present.
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http://insession.blogs.cnn
- "The judge also noted that there may be times during the trial when he will deem it appropriate to “obscure some witnesses,” so he’ll order the cameras turned off. He didn’t state which witnesses, but it’s possible he is thinking of Michael Jackson’s children who could be called to testify."
http://codes.lp.findlaw.com/cacode/GOV/1/8/5/9/s69954
- "Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person."
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X1:
I have to question their motivation--getting people to click ads/requesting donations so that they can get paid from your patronage. If you notice this blog has no ads or donation requests present. I have elected to refrain from collecting money for what it is that I do and so have my colleagues. I do this for Michael. I like to write and it is my personal way of thanking him for all of the artistry, dedication, and life's lessons I have been taught via his medium of music. We are nearing a time of true intentions being revealed. I welcome this with open arms (X1 Smiles). If you do what you do for Michael from your heart--there is no price tag on any of it.
To further expand if there is a reason that you require monetary support from the supporters and fans be admirable and honest about it--do not seek to deceive! I am quite sure that there is lots of overhead in any donations procured from any website which is stating to publish transcripts. This is just a simple matter of math here and what you are getting per click when it comes to ads or donations. There is no sure fire way to establish the amount of money which is procured by requesting donations from any individuals or what someone's good hard earned cash is being used for. Please note that some documents may or may not fall under the scope of public record. You may be able to get these public records (court records) at no cost or only minimal costs over the web yourself, or in some cases, media outlets may post them for you which has been the case for many court filings already.
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Transcripts:
X1 & BX:
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BX:
There have been noticeable developments regarding a website where court transcripts of the hearings since the first arraignment of Dr. Conrad Murray had been uploaded to. The links to the relevant court dates and transcripts are disabled now. The background for this is that providing access to these transcripts is in direct violation of California law: ______________________ "(d)Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person." CAL. GOV. CODE § 69954 : California Code - Section 69954 ______________________
BX:
The owner of this website had issues with copyrighted materials before (I am not saying the official court transcripts are copyrighted as they are not - I am drawing a structural parallel here) where the source was not researched properly. Now the owner of this website ran into another issue, quite publicly again, because apparently there was no or very limited research on the nature of the material under question carried out. It strikes me as if someone - desiring to be the first beyond the stakes - forgets what Thomas Edison once said:
______________________ X1: Nevertheless, transcripts and court documents are not unattainable. Court transcripts can be huge--I mean many pages and very long due in part to their double spacing and formatting standards. As a matter of fact, court transcripts can be obtained by contacting the clerk of the court. In Los Angeles, California the court clerk will then direct you to a court reporter to discuss the transcript you are placing an order for. There are plenty of U.S. Federal & State laws which facilitate obtaining court documents in general below you may reference a few applicable laws which govern this:
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Use Court Transcripts to:
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http://en.wikipedia.org/wiki/Court_reporter
- A court reporter, stenotype reporter, voice writer, stenomask writer, digital reporter, or transcriber is a person whose occupation is to transcribe spoken or recorded speech into written form, typically using machine shorthand or a voice silencer and digital recorder to produce official transcripts of court hearings, depositions and other official proceedings. There are three major methods of live person court reporting: digitally recorded, machine shorthand, and voice writing. Machine shorthand allows the stenotype reporter to keep up with the flow of speech so that no words are missed. The voice writer, on the other hand, repeats verbatim what attorneys, witnesses, and others are saying in a proceeding. Digitally recorded proceedings provide the ability to verify the written record as verbatim.
http://legal-dictionary.thefreedictionary.com/Primary+transcript
- transcript- n. -the written record of all proceedings, including testimony, in a trial, hearing or deposition (out of court testimony under oath). Jurisdictions vary as to whether the attorneys' final arguments are recorded, with the Federal Court Reporter Act requiring inclusion, but not all states. A copy of the transcript may be ordered from the court reporter and a fee paid for the transcription and first copy; if the opposing party also wants a copy, the cost will not include the transcription fee. In most appeals a copy of the transcript is required so that the court of appeals can review the entire proceedings in the trial court. Copies of depositions may be ordered for a fee from the court reporter who took down the testimony. Transcripts are not printed from the record unless transcription is requested.
- In an October 22, 2002 Memorandum, the Administrative Offices of the United States Courts clarified ownership issues for court transcripts:
Transcripts of court proceedings are not original works of authorship subject to the protection of the Copyright Act (17 U.S.C. 101). Even if the transcript were a proper subject of the Act, official court reporters would not be able to seek a copyright because their transcripts are prepared as part of their official duties and thus come within the "work of the United States Government" exception.. Therefore, certified transcripts filed with the clerk of court may not contain statements or seals which purport to restrict the distribution or copying of the transcript by the clerk's office or by the public. Because transcripts filed with the clerk are public records, they may be used, reproduced and provided to attorneys, parties, and the general public without additional compensation to the court reporter, contractor, or transcriber.Since Court Reporters are mandated to file their transcripts with the Clerk, then it is without question that transcripts at any stage of the process are public records, and not the property of the Court Reporter.
http://www.pwc-sii.com/Research/research/courtreporters.htm
http://senlawoffice.com/exclusiverights/2009/08/10th-cir-court-reporters-do-not-own-a-copyright-in-the-transcripts-that-they-prepare/
- We have found no authority to justify requiring plaintiffs, and derivatively their attorney to pay a fee to a court reporter for a transcript copy the reporter did not make but, rather, that they legally obtained from another source by independent means. On the contrary, both broad principle and particular holdings undermine the notion that court reporters may demand a “missed fee” whenever someone obtains a copy of a transcript that can be traced back to an original transcript the reporter had made—and was paid for making—for someone else."In broad terms, [the court reporter's] fee claim rests on the tacit premise that court reporters in some legal sense own the content of the transcripts they prepare, such that they are entitled to remuneration whenever a copy of a transcript is made (even if they played no role in making the copy). To accept this premise would effectively give court reporters a “copyright” in a mere transcription of others’ statements, contrary to black letter copyright law. See 2 William F. Patry, Patry on Copyright, Ch. 4 Noncopyrightable Material, § 4.88 (Updated Sept. 2008) (court reporters are not “authors of what they transcribe and therefore cannot be copyright owners of the transcript of court proceedings”)." And there is a line of cases holding that transcripts independently accessed (such as by simply requesting the case file from the court clerk) may be viewed and copied as an alternative to purchasing a copy from the court reporter. See Kinan v. City of Boston, 112 F.R.D. 206, 208 (D. Mass. 1986); Hawley v. Hall, 131 F.R.D. 578, 583 (D. Nev. 1990); C.P.C. P’ship Bardot Plastics, Inc. v. P.T.R., Inc., 96 F.R.D. 184, 185 (E.D. Pa. 1982); see also Stanley v. Henderson, 590 F.2d 752, 753 (8th Cir. 1979) (noting counsel may obtain copies of appeal transcript from clerk); Schroer v. United States, 250 F.R.D. 531, 535-37 (D. Colo. 2008) (rejecting, under post-2000 Rules (see supra note 1), party’s effort to require immediate filing of transcript with clerk to enable informal copying, not because copying is improper but because party failed to justify burdening the court with filing of as-yet-unused transcripts).
Judicial Council of California Administrative Office of the Courts
- We have found no authority to justify requiring plaintiffs, and derivatively their attorney to pay a fee to a court reporter for a transcript copy the reporter did not make but, rather, that they legally obtained from another source by independent means. On the contrary, both broad principle and particular holdings undermine the notion that court reporters may demand a “missed fee” whenever someone obtains a copy of a transcript that can be traced back to an original transcript the reporter had made—and was paid for making—for someone else."In broad terms, [the court reporter's] fee claim rests on the tacit premise that court reporters in some legal sense own the content of the transcripts they prepare, such that they are entitled to remuneration whenever a copy of a transcript is made (even if they played no role in making the copy). To accept this premise would effectively give court reporters a “copyright” in a mere transcription of others’ statements, contrary to black letter copyright law. See 2 William F. Patry, Patry on Copyright, Ch. 4 Noncopyrightable Material, § 4.88 (Updated Sept. 2008) (court reporters are not “authors of what they transcribe and therefore cannot be copyright owners of the transcript of court proceedings”)." And there is a line of cases holding that transcripts independently accessed (such as by simply requesting the case file from the court clerk) may be viewed and copied as an alternative to purchasing a copy from the court reporter. See Kinan v. City of Boston, 112 F.R.D. 206, 208 (D. Mass. 1986); Hawley v. Hall, 131 F.R.D. 578, 583 (D. Nev. 1990); C.P.C. P’ship Bardot Plastics, Inc. v. P.T.R., Inc., 96 F.R.D. 184, 185 (E.D. Pa. 1982); see also Stanley v. Henderson, 590 F.2d 752, 753 (8th Cir. 1979) (noting counsel may obtain copies of appeal transcript from clerk); Schroer v. United States, 250 F.R.D. 531, 535-37 (D. Colo. 2008) (rejecting, under post-2000 Rules (see supra note 1), party’s effort to require immediate filing of transcript with clerk to enable informal copying, not because copying is improper but because party failed to justify burdening the court with filing of as-yet-unused transcripts).
- When the legislature enacted CPRA, it expressly declared that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state."Indeed, in California "access to government records has been deemed a fundamental interest of citizenship" and has emphasized that "maximum disclosure of the conduct of governmental operations [is] to be promoted by the act." By promoting prompt public access to government records, the CPRA is "intended to safeguard the accountability of government to the public." As the California Supreme Court recognized in CBS v. Block: Implicit in a democratic process is the notion that government should be accountable for its actions. In order to verify accountability, individuals must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.
http://en.wikipedia.org/wiki/California_Public_Records_Act
2010 California Public Records Act
- "On November 2, 2004, California voters overwhelmingly approved Proposition 59. Commonly called the Sunshine Amendment, it added Article I, Section 3(b) to the California Constitution, which reads in part:"
- "The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny."
http://en.wikipedia.org/wiki/Freedom_of_information_law_in_California
How Writers & Bloggers Can Use F.O.I.A To Their Advantage:
X1:
Writer Charles Thompson used this law to gain access to the files that the FBI had about Michael this is an interesting law. This law makes the U.S. Government accountable for the disclosure of agency files. Perhaps you recall the FBI releasing these files to the public which shed light on various investigations which were done regarding Michael and how they all concluded no wrong doing.
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- "In response to Freedom of Information Act requests, the Bureau has released its investigative files on the late entertainer Michael Jackson, who died earlier this year. The records total 333 pages, divided into seven files. They detail the FBI’s investigation of a man who threatened to kill Jackson, as well as various forms of assistance to California authorities in two cases involving allegations that Jackson had abused children. It should be emphasized that none of these allegations were ever proven in court. The files are available on the Freedom of Information Act/Privacy website, but here is a quick rundown of what they contain."
- "The first file—9A-LA-142276—was opened by the Los Angeles FBI office when it was asked to lead a federal case against a California man already under arrest for sending numerous threatening letters. The man—who falsely claimed to be the son of mobster John Gotti—had staked out Jackson's house and threatened to kill him, the U.S. president, and others. He was ruled incompetent to stand trial and sent to prison for two years."
- "The second and third files—62D-LA-162715 and 62D-LO-11779—involve the Bureau’s support of local law enforcement. In 1993, the Los Angeles and the Santa Barbara Police departments formed a task force to investigate an allegation that Jackson had molested a young boy. FBI field divisions in Los Angeles and New York—as well as Bureau overseas offices in Manila and London—provided assistance in that case. Investigators gathered public records on Jackson, interviewed a potential witness, and followed various other leads. The FBI assisted Los Angeles Police Department detectives who traveled to the Philippines to interview possible witnesses and shared news reports from London about a potential victim. The U.S. Attorney declined to pursue a federal investigation, including a possible violation of the Mann Act (transporting a minor across state lines for immoral purposes), and no charges were filed by the state."
- "The fourth file—95A-HQ-1148159—concerns a 1995 request by a U.S. Customs agent in Florida that the Bureau examine a VHS videotape connected with Jackson to see if it contained child pornography. Forensic specialists discovered that the tape was a “poor quality third or fourth generation recording” and informed the Customs Service of their findings."
- The Freedom of Information Act (FOIA) is a federal law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute. It was signed into law by President Lyndon B. Johnson on July 4, 1966 (Public Law 89-554, 80 Stat. 383; Amended 1996, 2002, 2007), and went into effect the following year.
http://en.wikipedia.org/wiki/Freedom_of_Information_Act_%28United_States%29
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Navigational Aspects: Understanding The Pacer System/Court Clerks:
If they are not accessible via electronic means you can contact the respective court clerk and request information regarding seeking to obtain a copy of transcripts or public court documents (those which have not been sealed.)
Pacer Electronic Filing For Attorneys
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Navigational Aspects: Understanding The Pacer System/Court Clerks:
X1:
There is a nation-wide system called Pacer in place where you can retrieve court documents--You may find it at: www.pacer.gov. Here is some helpful information if you are looking to navigate the Pacer system. Pacer is an electronic system which has many court documents. Pacer can seem intimidating at first however once you get the hang of it--it is smooth sailing and sunny sky's ahead:) I think anyone that is looking to do this seriously will find this information very useful as a guide. It is important that everyone understand that if you print a huge amount of case documents which are not what you are looking for it will not cost you a small fortune. The information below is regarding what attorneys submit to Pacer as well as the actual Pacer Electronic Guide so that you will know your way around when you get there. I am about helping people get information not hoarding it for monetary gain. Hey give it a shot:)
There is a nation-wide system called Pacer in place where you can retrieve court documents--You may find it at: www.pacer.gov. Here is some helpful information if you are looking to navigate the Pacer system. Pacer is an electronic system which has many court documents. Pacer can seem intimidating at first however once you get the hang of it--it is smooth sailing and sunny sky's ahead:) I think anyone that is looking to do this seriously will find this information very useful as a guide. It is important that everyone understand that if you print a huge amount of case documents which are not what you are looking for it will not cost you a small fortune. The information below is regarding what attorneys submit to Pacer as well as the actual Pacer Electronic Guide so that you will know your way around when you get there. I am about helping people get information not hoarding it for monetary gain. Hey give it a shot:)
If they are not accessible via electronic means you can contact the respective court clerk and request information regarding seeking to obtain a copy of transcripts or public court documents (those which have not been sealed.)
Pacer Electronic Filing For Attorneys
http://www.pacer.gov/
- "Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district and bankruptcy courts, and the PACER Case Locator via the Internet. PACER is provided by the federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service."
Public Access to Court Electronic Records
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- "PACER charges $0.08 per page retrieved. This applies to both the pages of search results and the pages of documents you retrieve. The charge for any single document is capped at $2.40, the equivalent of 30 pages. The cap does not apply to name searches, reports that are not case-specific, and transcripts of federal court proceedings. If you accrue a total of less than $10.00 worth of charges in any given quarter, fees are waived for that quarter."
http://www.pacer.gov/
http://www.lasuperiorcourt.org/search/
Criminal * Case Records
Criminal * Clerk's Office
FLOOR 2
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HEAD IN SAND ACTION:
X1:
So you see anyone at all can get their hands on these documents. It is not necessary to click until you have Carpal Tunnel Syndrome just to line the pockets of anyone else. Thus, being that the trial of Conrad Murray will be a televised and public event there is no need to obtain court transcripts. One more thing while the words on your site may be copywritten the court documents are not. A copywritten work is an original work. So therefore, all of this attempting to copyright court documents is very amateur as any skilled person knows that this is not possible! This is not only silly it is embarrassing as well! Beyond that Article 10 of The Universal Declaration of Human Rights which is part of the U.N. Charter Law states that Conrad Murray has the right to a fair and public hearing.
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We should make it very clear here that if you study the documents adduced that court transcripts are not deemed to be original work. They are mere transcripts of what other people stated in court. The court reporters or the courts do not create this content, they transcribe/record this content for further reference.
With the Sixth Amendment, a defendant is entitled to not just a speedy, but also a public trial as this will ensure the public can witness a trial and thus wrongs may be prevented:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
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"Amendment VI to the U.S. Constitution:
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BX:
The court records/transcripts are a means for the broad public to convince themselves that the proceedings are lawful and observe the constitution of the United States of America. Not all interested citizens may fit into a tiny court room. TV coverage will not remedy this as there is no guarantee everything is covered with no omissions or specific cuts or comments that convey opinions. Court transcripts/records are complete, real-time and impartial.
Thus, not just that court transcripts/records do not constitute original works, they also serve an important role in relation to the observation of constitutional rights. For these two reasons the are made accessible for the broad public to ensure the people have access to them when they wish so.
Obtaining court documents or court transcripts is not magic. Any of us can do this- we have shown you the ways. It is important, that we, the public, obtain as much first-hand and factual information about the People v. Conrad Murray as we can. This is nothing to boast about or sensationalize - Michael was not boastful either but is described as a humble and modest person. It is something we just need to do - for Michael.
-X1
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| Central District Clara Shortridge Foltz Criminal Justice Center 210 West Temple St. Los Angeles, CA 90012 http://www.lasuperiorcourt.org/Locations/ui/location.aspx?loc=CCB&tab=2&d=Directory |
- "The public may not have access to an arrest report or any document containing a victim’s name, address, or telephone number. Photocopies of public records can be requested in the Clerk's Office at the appropriate Court location. Please refer to the current Fee Schedule for copy and certification fees."
http://www.lasuperiorcourt.org/search/
Criminal * Case Records
- (213) 974-6141
- (213) 974-6142
Criminal * Clerk's Office
FLOOR 2
- (213) 974-6141
- (213) 974-6142
________________________
HEAD IN SAND ACTION:
X1 & BX:
X1:
So you see anyone at all can get their hands on these documents. It is not necessary to click until you have Carpal Tunnel Syndrome just to line the pockets of anyone else. Thus, being that the trial of Conrad Murray will be a televised and public event there is no need to obtain court transcripts. One more thing while the words on your site may be copywritten the court documents are not. A copywritten work is an original work. So therefore, all of this attempting to copyright court documents is very amateur as any skilled person knows that this is not possible! This is not only silly it is embarrassing as well! Beyond that Article 10 of The Universal Declaration of Human Rights which is part of the U.N. Charter Law states that Conrad Murray has the right to a fair and public hearing.
________________________
________________________
BX:
With the Sixth Amendment, a defendant is entitled to not just a speedy, but also a public trial as this will ensure the public can witness a trial and thus wrongs may be prevented:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
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"Amendment VI to the U.S. Constitution:
http://www.answers.com/topic/amendment-vi-to-the-u-s-constitution
- "Was adopted as part of the Bill of Rights in 1791. Some states had made their ratification of the Constitution contingent upon such adoption, reflecting a perceived need to limit the federal government's power to investigate, prosecute, and punish crime. The original Constitution had few provisions relating to the criminal process, but of the twenty‐six separate rights specified in the first eight amendments, fifteen are aimed specifically at that process. The Sixth Amendment itself specifies seven rights applicable “in all criminal prosecutions”: (1) speedy trial; (2) public trial; (3) trial by jury; (4) notice of the accusation; (5) confrontation of opposing witnesses; (6) compulsory process for obtaining favorable witnesses; and (7) the assistance of counsel (see Counsel, Right to). Although the Sixth Amendment guarantees these rights only with respect to the federal government, the adoption of the Fourteenth Amendment in 1868 began a process of selective incorporation of the Bill of Rights provisions into its Due Process Clause. All Sixth Amendment rights have been incorporated and thus are also applicable to the states (see Incorporation Doctrine)."
http://research.lawyers.com/glossary/fair-trial.html
- "Fair trial Definition - Noun : a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the U.S. Constitution or the appropriate state constitution or other law Among the factors used to determine whether a defendant received a fair trial are these: the effectiveness of the assistance of counsel, the opportunity to present evidence and witnesses, the opportunity to rebut the opposition's evidence and cross-examine the opposition's witnesses, the presence of an impartial jury, and the judge's freedom from bias."
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BX:
The court records/transcripts are a means for the broad public to convince themselves that the proceedings are lawful and observe the constitution of the United States of America. Not all interested citizens may fit into a tiny court room. TV coverage will not remedy this as there is no guarantee everything is covered with no omissions or specific cuts or comments that convey opinions. Court transcripts/records are complete, real-time and impartial.
Thus, not just that court transcripts/records do not constitute original works, they also serve an important role in relation to the observation of constitutional rights. For these two reasons the are made accessible for the broad public to ensure the people have access to them when they wish so.
Obtaining court documents or court transcripts is not magic. Any of us can do this- we have shown you the ways. It is important, that we, the public, obtain as much first-hand and factual information about the People v. Conrad Murray as we can. This is nothing to boast about or sensationalize - Michael was not boastful either but is described as a humble and modest person. It is something we just need to do - for Michael.
(X1 Smiles)
-X1
