Monday, July 21, 2008

Request to see my file

I just sent this to Commissioner Irwin H. Joseph:
Dear Comm. Joseph:

I tried to inspect my court file, but the clerk informed me that you issued some sort of secret order preventing me from seeing the entire file. The file has two manila envelopes marked confidential, and the clerk said that not even the parties to the case can see what is in envelopes. She even said that she is not allowed to tell me what is inside them.

To the best of my knowledge, the file should not have any documents that are withheld from me.

I am asking for permission to see and copy the contents of the envelopes in my court file. I have an appeal pending, and the information may have a bearing on my appeal.

cc: Presiding Judge Robert Atack, 701 Ocean St Rm 110, Santa Cruz CA 95060
I really don't know how he gets away with issuing secret orders like this. The court file is supposed to be open to the parties in the case, at the very least. I sent a copy to the presiding judge, because he should know about these orders.


Anonymous said...

A judge handles thousands of cases. In order to keep them in order and be as consistant as possible, he or she makes notes to put in the file. These notes are not evidence and not orders. They are the products of the judges mind and, no you do not get to see them, any more than you can see the private notes of opposing counsel or even the private notes of your own lawyer.

George said...

Good guess, but I don't think so. First, there were two manila envelopes, and the judge does not have so many notes. Second, there are a couple documents that I could not find, and I suspect are in the envelopes. Third, the clerk said that the envelopes were for outside reports that the judge does not want the parties to see.