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How to Research Previous Decisions Made By Your Family Law Judge
an on-going project by Montie Roland
started on 21 Apr 04
last updated on January 27, 2005

 
Background

As I'm looking at the prospect of family law court, I have been wondering how the judge that has been assigned to my case tends to look at family law issues.  So, I'm hoping to find out where to look up previous decisions by the judge.

Step 1 (Late March) -- Search the web and any paper work that I have

While at mediation I picked up a piece of paper that mentioned the www.NCCourts.org website.  Per the information on the website, I sent an e-mail to:

ResearchPlanning@nccourts.org

The response suggested that I contact the Wake County Clerk of Courts. 

Step 2 (21 Apr 04) -- Call the Clerk of Courts Office

A lady at the Clerk of Courts Office suggested that I call Lee Small (in the same office) at 919-835-3222 for more information.  I called but she is out of the office until Monday.

Step 3 (11 May 04) -- Follow up with the Clerk of Courts Office

Lee Small (Room 1140 in the Wake County Courthouse) directed me to the 1st floor of Wake County Courthouse, Civil Section.  Their phone number is 755-4108.  From my conversation with them, I've determined the following steps.

Steps to research your judge's previous rulings.

1)  Contact the trial court administrator (Lee Small at 755-4108 or lauralee.m.small@nccourts.org) to find out the case numbers of recent cases tried by that judge.  Its necessary to go to the courthouse to pick these records up in person.

You can also download the case information for the next week by visiting:

http://www.nccourts.org/Courts/Default.asp

The information for Wake County is at:

http://www1.aoc.state.nc.us/www/calendars/Civil.jsp?county=WAKE

2)  Go back Room 133 in the Wake County Courthouse to pull those specific cases (looking them up by case #).  The records room will pull up to 10 cases a day for you to review.  I don't know if they will make copies or not.

These records are public records and therefore accessible by anyone.  It seems like persistence is paying off.

Step 4 (12 May 04) -- Go downtown to the courthouse

The Trial Court Administrator (Lee Small) was very helpful.  She provided me two weeks of trial schedules for the Judge that I have been assigned.  The schedule lists the cases on the calendar for that judge for a specific week.  Each case is supplied an unique identifier.  This identifier is in the upper left corner of each entry and looks something like "02-CVD-009741". 

I took the schedule she gave me and headed to the first floor of the courthouse.  From the schedule I picked out 10 cases that looked like they might have a possibility of being relevant to my case.  The number 10 is significant, because the Clerk of Court will only pull 10 cases per day for citizens who walk up to the counter.


Example entry from from schedule

The Clerk of Court is located in Room 113 of the Wake County Courthouse.  There is a counter with a "Civil" sign on it.  The lady show assisted me (Lillian Miller) was very busy, but made the time to pull the 10 cases that I requested. 

At this point you have to make a decision.  Do you view the case files at a nearby counter or do you have the Clerk of Court make copies for you.  Copies of case files are available at the cost of $2.00 for the first page and 25 cents for each subsequent page.  Often these files are very thick, so you may want to allow yourself enough time to look through the files.

Upon looking through the files, I discovered several things:

1)  any document you send in to as part of the discovery process becomes public record.  I was amazed as I sat there looking at financial statements and credit card statements right there for public viewing.   What an opportunity to become the victim of identify theft or other fraud!  I think I'm going to black out my information such as Visa card numbers on my statements before I send them to the attorney.

2)  some of the cases I read involved fairly extreme situations, such as incarcerated parents or allegations of sexual abuse of children.

3)  a very comforting point for me is that the judge hearing my case seems to value the need for kids to have a relationship with both parents where possible

4)  I feel that it is going to be very time consuming to get enough data via this method to have anything resembling a solid understanding of how the judge assigned to my case is going to respond to the specifics of my situation

5)  The most important documents seem to be the orders as entered by the judge.  The documents created by the attorneys before the trial contained a lot of information, but also seemed to have a lot of spin and posturing.

However, it has been very instructive to see the results and documentation involved in other cases.  I do feel that this is a good way to understand what could happen in court, because this method allows the reader to filter out the emotion.  One problem is that there is no way to know if there are extenuating circumstances that affect the case but aren't mentioned in the file.

All together it took about 2 hours to obtain the schedule, have the cases pulled and then read through them.   

I've sent an e-mail to T. Greg Doucette at Greg.Doucette@nccourts.org asking him if there is an on-line way to accomplish this.

Finally, as one of two parting thoughts, some of the files were several inches think.  I did have to wonder if there was a correlation of thickness of the file to the cost of the case.  For those of you wanting the county's "do-it-yourself divorce" kit, it is available in Room 119 of the Wake County Courthouse.  The charge is $4.00. 

The website for the Clerk of Courts office is:

http://web.co.wake.nc.us/courts -- website for the Wake County Clerk of Court