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Privacy and Public Access to Court Records

Court records include the case file of a lawsuit, records of any hearings, and information the court or clerk court prepares in connection with any judicial proceeding. A court's management information and data (budgets, reports, and statistics) are also considered court records. Since computers make it easy to gather and store information, many courts have developed databases of information. This database is also considered a court record.

Judicial Immunity

As a general rule, judges are immune or protected from lawsuits seeking money damages for any actions performed by the judge as part of his or her official duties. Judicial immunity shields a judge from liability for unpopular or controversial judgments. A judge can be sued for money damages based on his or her nonjudicial actions (actions not made in a judge's official capacity). A judge is also liable for actions that are judicial in nature but are taken when the judge lacks jurisdiction or authority over the matter.

Domestic Violence, Firearms, and the Courts

Domestic violence against women is increasingly common in the United States. The United States Department of Justice, Bureau of Justice Statistics, estimates that at least one million violent crimes are committed against former spouses or intimate partners each year. The vast majority of these victims are women. Prior domestic violence and the abuser's access to a firearm greatly increase the likelihood that a female intimate partner will become a homicide victim.

Innovations in Jury Trials

States have implemented various innovative procedures to assist jurors during trials. The changes are aimed at improving juror understanding of the evidence and the court proceedings. Jurors are permitted to take notes during the trial in some courts. Trial judges in some courts have discretion to give jurors copies of preliminary jury instructions when the trial starts. In some courts, jurors can submit questions for witnesses. They can even discuss the case among themselves before jury deliberations begin.

Guidance for a Defendant in Small Claims Court

Small claims courts resolve disputes involving smaller dollar amounts than regular trial courts. For example, small claims courts in Wisconsin decide contract disputes, property damage actions, personal injury suits, evictions, the return of earnest money, and repossessions of property when the amount claimed is $5000 or less.

McCarthy & Kroes is located in Santa Barbara, CA and serves clients in and around Santa Barbara, Summerland, Carpinteria, Lompoc, Ventura, Santa Barbara County, Ventura County.

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