CHARLES LAWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charles Lawn appealed a circuit court order that granted in part and denied in part his motion to compel the clerk of court to produce trial documents for a clemency hearing. The appellate court reversed and remanded, holding that the clerk's duty to respond to document requests should be analyzed under the mandamus framework, not by denying access based solely on the requester's inability to pay.
The trial court erred in denying Lawn's request for documents based solely on the fact that he was not entitled to free copies. The proper vehicle for challenging denial of access to judicial records is a petition for writ of mandamus, and the trial court must reconsider Lawn's motion under that framework, taking into account his willingness to pay reasonable costs and fees.
[1] A motion to compel a clerk of court to respond to a request for trial court documents, when the clerk fails to respond, may be treated as a petition for writ of mandamus.
[2] A clerk of court, as the custodian of the trial record, has a duty to respond to a request for trial court documents.
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Join FLexlaw to unlock all legal intelligence“The clerk of the court, as custodian of the trial record, has a duty to respond to a request for trial court documents”
Establishes the clerk's fundamental duty to respond to document requests under Florida law
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Join FLexlaw to unlock all legal intelligenceCharles Lawn submitted a written request to the clerk of court for specific trial court documents for a clemency hearing, including discovery document…
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Charles Lawn appeals the circuit court order granting in part and denying in part his motion to compel the clerk of the court to respond to his request for trial court documents in his criminal case, CRC02-18403CF. We reverse and remand for further proceedings.
Mr. Lawn made a written request to the clerk of the court for specific trial court documents for the purpose of a clemency hearing and included a statement that he was willing to pay for the records. This request complied with Florida Rule of Judicial Administration 2.420(i) (2012). The clerk of the court, as custodian of the trial record, has a duty to respond to a request for trial court documents, see Fla. *879R. Jud. Admin. 2.420(i)(2), but failed to do so. Months later, Mr. Lawn filed a motion to hear and rule on the request and a motion to compel the clerk to respond to his request for documents. Mr. Lawn’s motion to compel met the pleading requirements for a petition for writ of mandamus, see Fla. R. Civ. P. 1.630(b), “which is the appropriate vehicle for challenging the denial of access to judicial records.” Hogan v. State, 983 So.2d 656, 657-58 (Fla. 2d DCA 2008).
The circuit court granted Mr. Lawn’s request for production of the charging document and judgment and sentence in his criminal case. But apparently overlooking Mr. Lawn’s statement that he was willing to pay the reasonable costs and fees for his request, the circuit court denied his request for copies of the following: (1)discovery documents in his case; (2) trial transcript volumes 10,11, and 12; and (3) sentencing transcripts. The circuit court’s sole basis for denying the request was that Mr. Lawn was not entitled to free copies of those documents. See Johnson v. State, 836 So.2d 1103,1103 (Fla. 2d DCA 2003) (affirming denial of petitioner’s request for free copies of documents related to his trial and direct appeal).
Accordingly, we reverse and remand for the trial court to reconsider Mr. Lawn’s motion to compel the clerk of the court to respond to his request for production of documents as a petition for writ of mandamus.
Reversed and remanded for further proceedings.
CASANUEVA, VILLANTI, and CRENSHAW, JJ., Concur.
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Citator
Cited By
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DOE v. State, 210 So. 3d 154 (Fla. 2d DCA 2016)…d a ministerial duty under specific circumstances); Gawker Media, LLC v. Bollea, 170 So. 3d 125, 129-30 (Fla. 2d DCA 2015) (detailing a trial court’s ministerial duty to comply with the terms of Florida Rule of Civil Procedure 1.440); Lawn v. State, 128 So. 3d 878, 878-79 (Fla. 2d DCA 2013) (stating that rule 2.420 establishes a duty of the clerk of court); Gonzalez v. Rambosk, 86 So. 3d 1125, 1125 (Fla. 2d DCA 2012) (table decision) (granting writ of mandamus based on duty imposed by Florida Rule of Criminal…
Authorities Cited
- Johnson v. State, 836 So. 2d 1103 (Fla. 2d DCA 2003)
- Hogan v. State, 983 So. 2d 656 (Fla. 2d DCA 2008)