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Reason
Reason
Politics
Eugene Volokh

Decisions to Restrict Online Access to Eviction Records Are for Judges, Not for Clerks of Court

From State ex rel. Parikh v. Berkowitz, decided Wednesday:

Parikh is the elected Hamilton County clerk of courts…. In May 2022, Parikh issued a policy eliminating remote online access to court records in residential-eviction cases older than three years from the date of judgment satisfaction. He states that the purpose of the policy is to prevent members of the public, such as employers and landlords, from inappropriately relying on court documents when considering employment, housing, and other needs of individuals. "[I]t was and remains the belief of the Clerk's Office," he explains, "that these online inquiries led to misidentification of parties with similar names and produced inaccurate and unfair results that harmed citizens." The public remains able to access the records in person at the clerk's office during regular business hours.

The Hamilton County Municipal Court judges objected, and the Ohio Supreme Court sided with the judges:

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