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looking for the boe internet case opinion

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  • Allen Dyer
    ... From: cynthia vaillancourt Subject: Re: [howardpubliced] Re: FOIA as persuasive authority for the PIA ... the FOIA & PIA do
    Message 1 of 3 , Jul 1, 2004
    • 0 Attachment
      ----- Original Message -----
      From: "cynthia vaillancourt" <CynthiaVaillancourt@...>
      Subject: Re: [howardpubliced] Re: FOIA as persuasive authority for the PIA


      > ... I am thinking Judge Sweeney's opinion in the BOE internet case
      > might be equally illuminating - which is why I have again posed the
      > question about access to the actual opinion.
      >
      > All the info on FOIA and MPIA aside, does any of this apply to this
      > decision - or is it available if someone - like me - wants to trot down
      > to the courthouse to read it?

      the FOIA & PIA do not apply to the judiciary, however, american courts
      have a long tradition of being open to the public. recent revisions to
      the maryland rules of procedure have established specific steps to follow
      to prevent disclosure of specific information but none of those procedures
      should apply to the board's pursuit of authority they were not delegated.

      anyone can go to the clerk's office and ask for a copy of the decision
      in the board's internet case. gotcha's--you have to pay something like
      a $1/page and it would help matters considerably if you could
      provide the case #. try calling the board's general counsel--mark
      blom 410-313-6602--and asking for the case #. may as well ask
      for a copy of the opinion at the same time since he is obligated to
      provide you a copy under the PIA (expect a 30 day delay and a
      "search" charge of $100). i suspect getting a copy of the opinion
      from the courthouse will be faster than dealing with the board's
      stonewall.

      >
      > As it happens I have some business to take care of down there this
      > week - so if anyone can give me actual directions on where to go
      > (to get the opinion, that is) and save me the scavenger hunt at the
      > court house - I would greatly appreciate it.

      the board case was filed in CIRCUIT court -- not district court.
      the howard county circuit courthouse is on the north side of the
      ellicott city gulch. i find it easiest to get to the circuit court by
      taking route 40 east from route 29 to the rogers avenue approach
      to the county building complex (county police building on the
      right & district court on the left). go PAST the county building
      complex--stick to straight ahead--Court House Drive and
      don't get spun off downhill (Rogers Ave. turns south and
      drops into Frederick Rd.) the parking for the circuit
      court will be about a 1/4 mile past the beginning of
      Court House Drive.

      after you park (free parking in one of two lots) walk down
      the road toward the court buildings and go into the heavy
      looking stone structure on your left. do not confuse the
      stone courthouse building with the board of ed's stonewall.
      go thru the metal detector and immediately doubleback to your
      left into the clerk's office. go the the last window of the counter
      (civil) and ask for help. i have always found the howard
      county clerk's office personnel to be easy to talk to and
      willing to help in any way they can.

      unfortunately, maryland circuit court opinions are still only
      available to the public in hard copy so after you retrieve
      a copy of the judge's decision (make sure you also get a copy
      of any memorandum explaining the judge's ruling) you
      need to either rekey or OCR the document before it can be
      efficiently shared. tam & i spent about three hours getting
      the PIA opinion into a reasonable format for distribution.

      in contrast, maryland appellate court opinions are available
      to the public via the web as soon as they are released to the
      english owned law book companies (lexis & westlaw).
      see -- http://www.courts.state.md.us/index.html

      allen dyer

      >
      > Cindy V.
      >
    • cynthia vaillancourt
      Thanks Allen: I ll let you know how I fare. Cindy V ... From: Allen Dyer Sent: Thursday, July 01, 2004 11:52 AM To: howardpubliced@yahoogroups.com Subject:
      Message 2 of 3 , Jul 1, 2004
      • 0 Attachment
        Thanks Allen:

        I'll let you know how I fare.

        Cindy V

        ----- Original Message -----
        From: Allen Dyer
        Sent: Thursday, July 01, 2004 11:52 AM
        To: howardpubliced@yahoogroups.com
        Subject: [howardpubliced] looking for the boe internet case opinion

        ----- Original Message -----
        From: "cynthia vaillancourt" <CynthiaVaillancourt@...>
        Subject: Re: [howardpubliced] Re: FOIA as persuasive authority for the PIA


        > ... I am thinking Judge Sweeney's opinion in the BOE internet case
        > might be equally illuminating - which is why I have again posed the
        > question about access to the actual opinion.
        >
        > All the info on FOIA and MPIA aside, does any of this apply to this
        > decision - or is it available if someone - like me - wants to trot down
        > to the courthouse to read it?

        the FOIA & PIA do not apply to the judiciary, however, american courts
        have a long tradition of being open to the public. recent revisions to
        the maryland rules of procedure have established specific steps to follow
        to prevent disclosure of specific information but none of those procedures
        should apply to the board's pursuit of authority they were not delegated.

        anyone can go to the clerk's office and ask for a copy of the decision
        in the board's internet case. gotcha's--you have to pay something like
        a $1/page and it would help matters considerably if you could
        provide the case #. try calling the board's general counsel--mark
        blom 410-313-6602--and asking for the case #. may as well ask
        for a copy of the opinion at the same time since he is obligated to
        provide you a copy under the PIA (expect a 30 day delay and a
        "search" charge of $100). i suspect getting a copy of the opinion
        from the courthouse will be faster than dealing with the board's
        stonewall.

        >
        > As it happens I have some business to take care of down there this
        > week - so if anyone can give me actual directions on where to go
        > (to get the opinion, that is) and save me the scavenger hunt at the
        > court house - I would greatly appreciate it.

        the board case was filed in CIRCUIT court -- not district court.
        the howard county circuit courthouse is on the north side of the
        ellicott city gulch. i find it easiest to get to the circuit court by
        taking route 40 east from route 29 to the rogers avenue approach
        to the county building complex (county police building on the
        right & district court on the left). go PAST the county building
        complex--stick to straight ahead--Court House Drive and
        don't get spun off downhill (Rogers Ave. turns south and
        drops into Frederick Rd.) the parking for the circuit
        court will be about a 1/4 mile past the beginning of
        Court House Drive.

        after you park (free parking in one of two lots) walk down
        the road toward the court buildings and go into the heavy
        looking stone structure on your left. do not confuse the
        stone courthouse building with the board of ed's stonewall.
        go thru the metal detector and immediately doubleback to your
        left into the clerk's office. go the the last window of the counter
        (civil) and ask for help. i have always found the howard
        county clerk's office personnel to be easy to talk to and
        willing to help in any way they can.

        unfortunately, maryland circuit court opinions are still only
        available to the public in hard copy so after you retrieve
        a copy of the judge's decision (make sure you also get a copy
        of any memorandum explaining the judge's ruling) you
        need to either rekey or OCR the document before it can be
        efficiently shared. tam & i spent about three hours getting
        the PIA opinion into a reasonable format for distribution.

        in contrast, maryland appellate court opinions are available
        to the public via the web as soon as they are released to the
        english owned law book companies (lexis & westlaw).
        see -- http://www.courts.state.md.us/index.html

        allen dyer

        >
        > Cindy V.
        >



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        [Non-text portions of this message have been removed]
      • RSYOSH@aol.com
        In a message dated 7/1/2004 10:40:45 AM Eastern Daylight Time, ... Going looking for cases is a great experience and it differs by every court. Some courts
        Message 3 of 3 , Jul 1, 2004
        • 0 Attachment
          In a message dated 7/1/2004 10:40:45 AM Eastern Daylight Time,
          aldyer@... writes:


          > after you park (free parking in one of two lots) walk down
          > the road toward the court buildings and go into the heavy
          > looking stone structure on your left. do not confuse the
          > stone courthouse building with the board of ed's stonewall.
          > go thru the metal detector and immediately doubleback to your
          > left into the clerk's office. go the the last window of the counter
          > (civil) and ask for help. i have always found the howard
          > county clerk's office personnel to be easy to talk to and
          > willing to help in any way they can.
          >
          >

          ----
          Going looking for cases is a great experience and it differs by every court.
          Some courts have efficient computer systems for looking up case numbers by
          the name of the plaintiff or defendent. Some have a microfiche system. And some
          have only a paper and file system (Orange County, CA for example - much to my
          surprise!)
          Generally the clerks are pretty helpful getting you started.

          I think this would make a great field trip for HS students as part of a
          civics course.

          - Becky


          [Non-text portions of this message have been removed]
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