ODR data

Todd Feathers filed this request with the New Mexico Courts of New Mexico.

It is a clone of this request.

Status
Completed

Communications

From: Todd Feathers

To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:

1) A copy of the database documenting all cases initiated through the New Mexico courts' Modria online dispute resolution (ODR) system from the system's inception until the date this request is processed. This should include data fields such as:
- Filing date
- Disposition
- Plaintiff name
- Defendant name
- All other available data fields

I ask that all fees be waived as intend to use the requested records to further public understanding of public agencies and not for any commercial purpose. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation justifying the employee hours required to fulfill the request.

Should you choose to reject this request or redact portions of responsive documents, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portions from public review.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Todd Feathers

From: Todd Feathers

Hello,

I'd like to confirm that you've received and are processing this request. If you could let me know its status and estimated date of completion, I'd greatly appreciate it.

Thank you!
Todd

From: New Mexico Courts

Dear Mr. Feathers,

The New Mexico Administrative Office of the Courts has no record of
receiving your request dated January 31, 2022. We will now consider this
request, dated February 10, 2022, as our receipt date. Based on the nature
of your request, we can anticipate that we will need additional time to
ascertain if we have records responsive to your request. Please expect a
reply on or before February 24, 2022.

Thank you on behalf of
Artie Pepin, Records Custodian
New Mexico Administrative Office of the Courts

From: New Mexico Courts

Dear Mr. Feathers,

It is the policy of the New Mexico Administrative Office of the Courts
(AOC) to be fully responsive to all requests for public records available
under the Inspection of Public Records Act, NMSA 1978, § 14-2-1 et seq.
(IPRA). We have researched your request dated February 11, 2022, asking
that the AOC provide

"A copy of the database documenting all cases initiated through the New
Mexico courts' Modria online dispute resolution (ODR) system from the
system's inception until the date this request is processed. This should
include data fields such as:

- Filing date

- Disposition

- Plaintiff name

- Defendant name

- All other available data fields"

The AOC has determined that there are no existing documents that are fully
responsive to your IPRA request. The provisions of IPRA do not require a
governmental body to create documents, lists, spreadsheets, statistics or
other reports in order to respond to a records request. *See* NMSA 1978,
§14-2-8(B) (Nothing in the Inspection of Public Records Act shall be
construed to require a public body to create a public record.)

However, the AOC is able to provide a report containing some of the
information that you were seeking, which you will find attached. The AOC
now considers this request fulfilled and closed.

Thank you on behalf of

Artie Pepin, Records Custodian

New Mexico Administrative Office of the Courts

From: Todd Feathers

Thank you very much for your help with this.

Just to confirm: There's no version of this data that includes the case dispositions? How does the court keep track of cases without knowing their status?

Todd

From: New Mexico Courts

Dear Mr. Feathers,

In response to your question below, the correct interpretation of the
responsive documentations that you received from this office is that of the
statutory language shown below:

"NMSA 1978, §14-2-8(B) (Nothing in the Inspection of Public Records Act
shall be construed to require a public body to create a public record.)"

The Administrative Office of the Courts is not in possession or control of
court records. In the State of New Mexico, the proper records custodian of
court records is the judicial district where the case originated.

Thank you, on behalf of
Artie Pepin, Records Custodian
New Mexico Administrative Office of the Courts

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