Curbs on use of high-tech devices mulled

BATH – Lawyers and researchers equipped with personal scanners, digital cameras and other high-tech devices are becoming a familiar sight at Maine’s 16 Registries of Deeds, a trend that has raised questions about the need for restrictions.

In Sagadahoc County, the board of commissioners will meet Tuesday to discuss whether to create a policy that could set limits on the use of the devices.

At issue is the potential loss of fee revenues counties now take in from people seeking copies of registry documents. In Sagadahoc County, the fees generate $45,000 a year.

Officials don’t want to lose that source of revenue, but they also are concerned that restrictions on the use of electronic equipment to gather information could collide with the rights of the public.

“With technology changing as fast as it is, we want to be careful that we don’t make a policy that violates the public’s right to access these records,” said Crispin Connery, a Sagadahoc County commissioner.

Registry employees are dealing with all sorts of questions that never existed before, said Susan Bulay, president of the Maine Registry of Deeds Association. Should a person be allowed to take digital photographs of documents in a quiet research area, or be allowed to plug laptop computers into electrical outlets whose power is paid for with county tax dollars?

Maine’s 16 counties have a wide range of policies. At the Cumberland County registry in Portland, scanners, cameras and video equipment are not allowed, said Deputy Registrar Mary Najarian. But at the Androscoggin County registry in Auburn, people can use a laptop computer to gather information, as long as it is battery-powered.

Bulay said the solution to the uncertainty may be for counties to develop a uniform policy.

David Keith, a Bath lawyer who collects deed information by either photocopying records or taking notes, opposes adoption of a technology policy in Sagadahoc’s registry because it could hinder the public’s right to information.

“It’s outrageous. I’m surprised it’s even an issue,” said Keith, who sees no harm in allowing the use of technology as long as it is not disruptive.

Taking the opposite view is Sally Davis, an independent abstractor who gathers deed and property information for real estate firms and lawyers. She takes notes and pays for photocopies – Sagadahoc charges $1 per page and $5 for copies of survey plans.

“I think it’s reasonable to pay for copies,” Davis said. “The revenues go toward good causes like renovating registry offices and restoring old records.”