June 26, 1996
   The Honorable J. Jack Kennedy, Jr.                  
   Clerk, Circuit Court of Wise County and the City of Norton
   PO Box 1248
   Wise, VA 24293
   
   My dear Mr. Kennedy:
   
   You ask whether a circuit court clerk may place public records, such
   as judgment liens, deeds, marriage licenses, wills and court dockets,
   "on-line" electronically, thereby making such records available on the
   Internet.
   
   Article VII, 4 of the Constitution of Virginia (1971) creates the
   office of clerk of the circuit court, and provides that a clerk's
   duties "shall be prescribed by general law or special act." As a rule,
   clerks of court have no inherent powers, and the scope of their powers
   must be determined by reference to applicable statutes.
   
   The duties of a clerk of court regarding public records are set forth
   generally in 17-40 through 17-92 of the Code of Virginia. In the
   absence of a legislative mandate specifying a particular recording
   method, a clerk may establish a system that satisfies the statutory
   purpose for maintaining the records. The system established, however,
   must be based on authority found within the statutory framework.
   
   I can find no general statutes setting forth the duties of a clerk of
   court for maintaining public records that expressly authorize a clerk
   to provide access to such records through a system such as the
   Internet. Only one of the general provisions, 17-59.2, arguably would
   provide a basis to infer such authority. Section 17-59.2 authorizes a
   circuit court clerk to "provide remote access to all nonconfidential
   court records maintained by his office." The section requires a clerk
   who provides such access to establish security measures to protect
   confidential records and to prevent remote access users from modifying
   or destroying any records. In addition, 14.1-118.1 requires a clerk
   who provides remote access to records under 17-59.2 to charge each
   user a fee, which "may be accessed for each inquiry or upon actual
   connect time."
   
   While the provisions of 17-59.2 may indicate a legislative intent to
   expand access to public records and to permit access through
   electronic means, the language does not suggest that the legislature
   contemplated the type of computer access and information dissemination
   that would result from placing the records on a system such as the
   Internet. The fee requirement imposed by 14.1-118.1, in fact,
   indicates that the General Assembly did not intend 17.1-59.2 to
   encompass this type of remote access to records. I am aware of no
   other statutory provision from which to infer such a legislative
   intent and which would authorize a clerk to place public records on a
   worldwide computer network.
   
   Therefore, I am of the opinion that a circuit court clerk does not
   have the statutory authority to place public records, such a judgment
   liens, deeds, marriage licenses, wills, and court dockets, "on-line"
   electronically, thereby making such information available on the
   Internet.
   
   With kindest regards, I am
   
   Very truly yours,
   
   
   
   James S. Gilmore, III
   Attorney General