I've always wished some of my ancestors had been criminals because, if they had been, I would be able to find more records containing information about them. In recent weeks, I have received inquiries from a number of readers asking how they might locate criminal records of their own ancestors. Not having seen much written on this subject, I decided to do some research and share some results in this week's "Along Those Lines . . ." column, both on criminal and non- criminal court records.

Understanding the Court System
The key to locating records about your ancestor is knowing where to look. Despite the many television programs concerning lawyers and court cases, ranging from the historic "Perry Mason" series to the contemporary "Judging Amy" and "The Practice," not many of us have a clear understanding of our court system.

First, recognize that there are several levels of courts in the United States—federal, state, and county. Each level has its own areas of jurisdiction and types of court matters that they hear. Since most of our ancestors would have been involved in state or local level courts, let's focus on those in this column.

Next, you are probably already aware that different matters are handled by different courts, or by judges/courts specializing in specific areas. There are several categories of litigation handled by courts. These are:

Criminal—Criminal cases come in two classifications: misdemeanors and felonies. A misdemeanor is a less serious crime, typically carrying a less severe penalty than a felony. A customary penalty for a misdemeanor is a short sentence, probation, and/or a fine. A felony, on the other hand, is a much more serious offense, such as murder, kidnapping, rape, grand theft, or some other crime. Penalties for felonies are more severe, including lengthy sentences of incarceration, stiff fines, and/or even a death sentence. A general rule of thumb is that a felony usually involves a sentence of jail time of one year or more, while a misdemeanor often involves less jail time and/or a fine.

Civil—Civil cases come in several flavors as well, including torts, contract, and real property cases. A tort, in civil law, is a wrongful act for which damages may be sought by an injured party. Examples of torts include medical malpractice, automobile accidents, product liability, wrongful injury or death, libel, and similar types of lawsuits. Contract cases involve trial, court review and/or judgment concerning contractual agreements between two or more parties. Breach of contract, failure to fulfill contractual obligations, and illegal activities performed during the term of a contract are common complaints. Real property cases involve actions concerning fixed property, such as buildings, land, and mineral rights, as differentiated from personal property. Legal actions seeking monetary damages of less than $3,000 (in most states) are referred to as small claims, and some areas maintain specific small claims courts to facilitate the expeditious handling of these litigations.

Other Courts—There are other types of cases that are classified for special handling. Most genealogists are already familiar with probate courts, whose focus is on supervising the settlement and distribution of deceased persons' wills and estates. Other divisions of courts include juvenile court, which handles matters concerning minors including adoptions and criminal offenses, domestic relations, divorces, traffic infractions, and other specialty courts.

As you research your ancestors, it is important to learn something about the court structure in the state(s) and area(s) in which they lived. Some states' courts may vary somewhat in either the structure of the system and/or the exact types of cases handled in each division. In each state, however, the general structure is divided into four parts:

Limited Jurisdiction Trial Courts—Many of these courts handle multiple types of cases, such as smaller civil claims amounting to less that $10,000, misdemeanor cases, and pretrial hearings for felony cases. Some, however, are specialized and limited to handling only one type of case. It is therefore important that you understand the types pf cases handled by these specific limited jurisdiction courts, where the court meets, and where their records are held, both current and historical records.

General Jurisdiction Trial Courts—These courts handle a wide range of cases, ranging from the larger civil cases with higher damage claims to felonies.

Intermediate Appellate Trial Courts—These courts review the decisions of the lower courts and issue opinions concerning the judgments. Their opinions can result in a new trial, overturn a trial, and/or form the basis for new legal precedents. They may be organized by level, by district within the state, or some other organization.

Appellate Courts—The highest level of appellate court in a state, sometimes referred to as a state supreme court, is the next level of appeal above the intermediate appellate trial court. They function as the high court for reviewing cases referred or escalated to them, and reviewing state case law. Their opinions can influence the legal interpretation of the laws and for a precedent for future cases.

As you can see, there is more to the structure of the court system than you might think. The current court system may differ, too, from the historical structure. Consider the fact that judges in previous centuries traveled to and held court in different towns. They were, in fact, "circuit judges," and some of that structure still prevails with the assignment and naming of certain "district" and "circuit court" designations. Your most important job in locating court records concerning your ancestors involves learning about the court system as it existed at the time your ancestors lived there, the type of legal action(s) with which the court might have been associated (civil, criminal misdemeanor or felony, or other court action), the court's jurisdiction, where the court met, and where the court's records were filed. By doing this preliminary research, you increase the likelihood of locating the records you seek. Remember, too, that your ancestor may not have been a litigant in a case; he/she may have served on a jury, in which case you will also want to search for jury lists. A jury list is another excellent type of evidence confirming your ancestor's residence in a specific place at an exact point in time.

What Records Could I Be Seeking?
Depending on the court and its area of case responsibility, you will be seeking different types of records. For example, probate court records for your ancestor who died may include a probate packet containing the will, application, and/or assignment of an executor/executrix/administrator, an estate inventory, financial reports, and a report of the final distribution of the estate. There may be fewer or more documents included, depending on the estate, the court, and all the parties involved. In a criminal case, you may find affidavits, lists of evidence, a transcript of the trial, the jury lists from the voir dire (interview) process and the actual trial, as well as other documents.

Court minutes can be the most important records you find. In some cases, your visit to the court may yield no case file or probate packet, but a review of the court minutes (which hopefully have been indexed) may provide details presented from the no longer existing records. An important reference for your research into a court's records is its docket. The docket is a list of cases scheduled to be heard by the court. In effect, it is an appointment calendar listing the names of the parties/litigants involved, the case number assigned to the case file, and some description of the type of litigation. The docket number is your most important piece of information because it typically is used throughout the court's records as a reference into the court's files and a cross-reference to other courthouse records. As court caseloads have increased, the type of organization that docket numbers and docket agendas provide is an absolute necessity.

Remember, cases might have been assigned to or handled by either a limited jurisdiction trial court OR a general jurisdiction trial court. If you cannot locate the action you seek in the limited jurisdiction trial court, don't automatically give up. You should follow through and check the records of the general jurisdiction trial court.

Jail Or Prison Records?
What if your ancestor was convicted of a crime and sentenced to a period of incarceration? You must determine the crime for which he or she was convicted, whether it was a misdemeanor or a felony, and the jurisdiction of the court in which the conviction occurred. The court records, the court minutes, and/or the case file itself should provide guidance for you. You will need to refer to these records to determine the type of sentence, the location to which the person was sentenced, and its duration.

If the sentence was to a local or county jail, contact the county clerk's office to determine where the records for the facility are kept. In some cases, the original records may have been microfilmed and the originals destroyed. In other cases, all records may have been transferred to the state department of corrections, the division of law enforcement, the state library or archive, or to some other repository. If the county clerk cannot help, contact the county sheriff's office.

If the sentence was imposed by a state court, records of the trial and the sentence imposed should be in their court records. The state department of corrections, the state's division of law enforcement, the state bar association, or the state library or archive may be able to provide help in locating records. Older records may well have been placed in storage, so thoroughness in your research and persistence in your inquiries may be your best assets.

There are several important resources available to assist you in your search. The Sourcebook of County Court Records, 4th Edition (1998), edited by Michael L. Sankey, Carl R. Ernst, and Jimmy Flowers and published by Business Resources Bureau of Tempe, AZ, profiles thousands of courts. The book contains addresses and contact information, search facilities available, and costs of copies. You may also want to use your favorite Internet search engine to locate Web sites referring to specific court holdings. I searched for Hillsborough County, Florida, court records by using Google (www.google.com) and entered the following phrase.

"county court records" Hillsborough

I was rewarded with a number of links, including the ones that take me to the University of South Florida's library's special collection, which is the repository for photocopies of Hillsborough County's official court records from 1850-1910. See? The records weren't in a courthouse or a state archive at all!

As you can see, your knowledge of the court system and some perseverance in searching all kinds of alternative sources can give you the edge to locate the court records for your ancestor that you seek.

Happy Hunting!
George

George G. Morgan is a proud member of the International Society of Family History Writers and Editors, Inc. (ISFHWE) at: www.rootsweb.com/~cgc/cgc2.htm. He would like to hear from you at atl@ahaseminars.com but, due to the volume of e-mail, he is unable to answer every e-mail message received. Please note that he cannot assist you with your individual research. Visit George's Web site at http://ahaseminars.com/atlfor information about speaking engagements.

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