MICHAEL MINASIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Minasian, a prisoner, appealed the trial court's denial of his petition for writ of mandamus seeking to compel the Clerk of Court to provide transcripts and court documents from his 1993 criminal trial. The appellate court reversed, holding that Minasian's petition stated a facially sufficient claim for mandamus relief and that the trial court erred by denying it without ordering the clerk to respond.
The court held that Minasian's petition stated a facially sufficient claim for mandamus relief because criminal defendants have a clear legal right to purchase transcripts of their court proceedings and clerks have a legal duty to maintain and provide access to records. Accordingly, the trial court erred in denying the petition without ordering the clerk to show cause why the writ should not be issued.
[1] A petition for writ of mandamus is the proper procedural vehicle to seek review of a denial of access to judicial records.
[2] The Clerk of the Circuit Court has a legal duty to maintain and provide access to its files unless the records are legally exempt from disclosure.
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Join FLexlaw to unlock all legal intelligence“To obtain mandamus relief, the petitioner must establish a clear legal right to the performance of a ministerial duty.”
Establishes the foundational standard for obtaining mandamus relief
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Join FLexlaw to unlock all legal intelligenceMinasian, a prisoner, filed a petition for writ of mandamus directed to the Clerk of Court of Palm Beach County seeking transcripts of jury selection …
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WARNER, J.
A prisoner appeals the trial court’s denial of his petition for writ of mandamus directed to the Clerk of Court of Palm Beach County. In his petition he sought to compel the circuit court clerk to provide transcripts of jury selection and the docket summary sheet of his criminal trial in 1993. He alleged that he would pay the copying fee. Without ordering a response, the trial court denied the motion without stating its reasons. We reverse the trial court’s order, as the petition stated a facially sufficient ground for relief.
To obtain mandamus relief, the petitioner must establish a clear legal right to the performance of a ministerial duty. See, e.g., Orchid Island Props., Inc. v. W.G. Mills, Inc. of Bradenton, 889 So. 2d 142, 143 (Fla. 4th DCA 2004). “The Clerk of the Circuit Court has a legal duty to maintain and to provide access to the records contained in its files unless the records are legally exempt from disclosure.” Radford v. Brock, 914 So. 2d 1066, 1068 (Fla. 2d DCA 2005). Moreover, a petition for writ of mandamus is the proper vehicle to seek review of the denial of access to judicial records. Mathis v. State, 722 So. 2d 235, 236 (Fla. 2d DCA 1998). Accordingly, a criminal defendant has a right to purchase transcripts of his court proceedings. Id.
If a mandamus petition is facially sufficient, the court must issue an alternative writ of mandámus requiring the respondent to show cause why the wilt should not be issued. Radford, 914 So. 2d at 1068. In Radford, the prisoner petitioned for a writ of mandamus pertaining to his records requests directed to the circuit court clerk and the court reporter. Id. at 1067-68. The clerk had filed an unsworn answer to the prisoner’s petition for mandamus, indicating that the clerk did not have possession of any of the records requested. Id. at 1068. Additionally, the court reporter did not respond to the prisoner’s petition, and she was never directed to do so by the trial court. Id. The Second District noted that while the prisoner may have been mistaken in his belief that the requested records were in the possession of the clerk or the court reporter, his petition stated a facially sufficient claim. Id. at 1068-69. Accordingly, the court held that because the trial court did not issue an alternative writ requiring the clerk and the court reporter to show causé why the writ should not be issued, and because there was no sworn evidence refuting the prisoner’s allegations, the trial court erred in dismissing his petition. Id. at 1069.
Appellant is in the same position as the prisoner in Radford. His petition for mandamus stated a facially sufficient claim for relief, but the court did not order a response from the clerk. Although the state argues in its answer brief that appellant has been provided with all of the records in the clerk’s possession, the record is silent on this issue. The trial court must issue an order to the clerk to show cause as to why the writ should not be issued, and the clerk must respond to the facially sufficient petition.
Reversed and remanded for further proceedings.
SHAHOOD, C.J., and STEVENSON, J., concur.
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Citator
Cited By
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Gerry Parish v. State, 59 So. 3d 1229 (Fla. 4th DCA 2011)….630 (2010) (if a petition for writ of mandamus shows a prima facie case for relief, the court shall issue an alternative writ of mandamus to which the defendant shall respond as provided in Florida Rule of Civil Procedure 1.140); Minasian v. State, 967 So. 2d 454, 455 (Fla. 4th DCA 2007) (“If a mandamus petition is facially sufficient, the court must issue an alternative writ of mandamus requiring the respondent to show cause why the writ should not be issued.”). The state responded to the alternative writ…
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Blackshear v. State, 115 So. 3d 1093 (Fla. 1st DCA 2013)…d to request for information as to copying costs) (citing Wootton v. Cook, 590 So. 2d 1039, 1040 (Fla. 1st DCA 1991)). A petition for writ of mandamus is the proper vehicle for enforcing one’s right of access to court records. See Minasian v. State, 967 So. 2d 454, 455 (Fla. 4th DCA 2007). If such a petition is facially sufficient, the court is required to issue an alternative writ, which, in effect, is a show cause order. See Fla. R. Civ. P. 1.630(b), (d)(3); Gilliam v. State, 996 So. 2d 956, 957 (Fla. 2d DC…
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Simei Moreira da Silva v. State (Fla. 4th DCA 2021)…blic official to discharge a ministerial duty.” Browning v. Young, 993 So. 2d 64, 65 (Fla. 1st DCA 2008). “[A] petition for writ of mandamus is the proper vehicle to seek review of the denial of access to judicial records.” Minasian v. State, 967 So. 2d 454, 455 (Fla. 4th DCA 2007) (citation omitted); see Radford v. Brock, 914 So. 2d 1066, 1068–69 (Fla. 2d DCA 2005) (directing issuance of alternative writ of mandamus against court reporter and agency for records, because court reporter has a legal d…
Authorities Cited
- Radford v. Brock, 914 So. 2d 1066 (Fla. 2d DCA 2005)
- Mathis v. State, 722 So. 2d 235 (Fla. 2d DCA 1998)
- Orchid Island Props., Inc. v. W.G. Mills, 889 So. 2d 142 (Fla. 4th DCA 2004)