Circuit Court Freedom Of Information Act

In accordance with Virginia Code Section 2.2-3704 the following information is provided:

Goochland Circuit Court Clerk’s Office FOIA Officer: Amanda S. Adams, Clerk

Telephone: (804) 556-5353  TDD 711 VA Relay

Please send requests for information to the following email address and specify in the subject line - FOIA REQUEST

circuitcourt@goochlandva.us

OR faxed to: (804) 556-4962

OR mailed to:

2938 River Road West,

Building B,

P.O. BOX 196

Goochland, VA 23063


FOIA requests are subject to applicable fees.  Fees are calculated based on the hourly wage of the employee working on the request and the amount of time spent on the request, with a minimum charge of $5.00 and a charge of $0.50 per page.  A self-addressed stamped envelope is required for the return of the request.  We do not email requests.  An estimate can be provided upon request.

 

Freedom of Information Act Administrative Procedures
 
Virginia Code § 2.2-3704(A):

A. Except as otherwise specifically provided by law, all public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall be provided by the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester. The custodian may require the requester to provide his name and legal address. The custodian of such records shall take all necessary precautions for their preservation and safekeeping.

 

 

Purpose

To establish standard guidelines for court personnel responding to written or verbal requests for information submitted under the Virginia Freedom of Information Act (“FOIA”). § 2.2- 3700, et seq. of the Code of Virginia. The FOIA Office is Amanda S. Adams, Clerk.

 

Background
  
1.    Citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth and representatives of radio and television stations broadcasting in or into the Commonwealth may request records under FOIA.


2.    Requests for records may be done in written form by mail, fax, e-mail, or in person. 


3. The requester must identify the records requested with "reasonable specificity.” Required are the requester's name and legal      Virginia address


4.     Requests will be responded to within five (5) working days from the date of the request. 


5.    There are six permissible responses to a request:

a. Provide the requested records to the requester;

b. The requested records are being entirely withheld because their release is prohibited by law or the custodian has exercised his discretion to withhold the records in accordance with FOIA;

c. The requested records are being provided in part and are being withheld in part because the release of part of the records is prohibited by law or the custodian has exercised his discretion to withhold a portion of the records in accordance with FOIA;
   
 d. The requested records could not be found or do not exist. However, if the public body that received the request knows that another public body has the requested records, the response shall include contact information for the other public body; or
   
 e. It is not practically possible to provide the requested records OR to determine whether they are available within the five-work-day period, and the public body needs an additional seven work days in which to provide one of the four preceding responses.

f. The requested record is available to the public and can be found in the record room of the Circuit Court Clerk’s Office at 2938 River Road West, Building B, Goochland, Virginia 23063. The requester may physically get copies of the requested record during normal business hours of 8:30 am -5:00 pm Monday through Friday at .50 per page of the document as needed, and $2.00 for a certification. 


6.    The Clerk may charge the hourly wage of the employee working on the FOIA request for the time spent on the request incurred in accessing, duplicating, supplying, or searching for requested records.  Generally, the person requesting records under FOIA will be expected to pay the associated cost for all but simple and routine requests.

a. If it is determined that supplying the requested records will likely exceed $200, the Clerk may require a deposit. If an advance deposit is requested, the five-working- day period is tolled until the deposit is paid. 

b. The Clerk may require the requester to pay any amounts owed for previous requests that remain unpaid thirty days or more after billing before responding to the new request.

c. The FOIA Coordinator or the custodian of the records, as may be appropriate, may adjust the above charges depending upon the complexity of the request.


General Information

The following documents are exempt from the requirements of FOIA under Virginia Code:

1. Juror and Grand Juror information

2. The records required by law to be maintained by the Clerk of the Circuit Court

3. Voter information

4. Personnel records

5. Computer software and source code

6. Account numbers, Social Security numbers, Juvenile information

7. Names and addresses of law enforcement officers

8. Concealed Weapons permit applications and licenses.

9. Victim identity information

10. Documents which have been sealed by court order.

This list is not all-inclusive. The Freedom of Information Act and other code sections are consulted on all document requests to ensure compliance with the law.

 

Updated 1/24