Bell v. Commonwealth Title Insurance and Trust Company

Background

A private company that examines property titles sought access to the indices and cross indices of judgment records kept by clerks of United States courts. A federal statute declared those indices "shall at all times be open to the inspection and examination of the public." The company argued for broad access while the clerk raised concerns about fees, the clerk’s duties, and potential loss of search fees if private companies did their own searches.

Reasoning

The core question was how far a commercial title examiner may use those court indices. The Court held that the company is part of "the public" and therefore has a right to inspect the indices. That right is not a monopoly and must not interfere with the clerk or other users. The Court allowed the clerk, as custodian, to make reasonable rules to secure use of office records and to guard against tampering. The Court rejected an interpretation of the statute that would deny inspection because of fee concerns. The decree limited inspection to transactions then current or pending and did not resolve the broader question of making full copies.

Real world impact

Title-search businesses and individuals can inspect federal judgment indices to assist with specific, active title examinations. Clerks retain the ability to set reasonable regulations and protect records from injury or misuse. The ruling affirms that inspection rights exist despite commercialization of title work, while preventing unlimited copying or disruption of clerk duties.