Monroe County Public Defender Office
Frequently Asked Questions
General
Prospective Clients
Current Criminal Court Clients
Current Family Court Clients
Current Appellate Court Clients
Sex Offender Registration Act
Past Clients
Q. What is the Monroe County Public Defender's Office?
A. The Public Defender's Office represents indigent persons accused of a crime at every stage of the proceeding from the arraignment through final disposition. The Public Defender’s Office also represents indigent clients in a variety of family court matters, including child abuse, child neglect, permanent termination of parental rights, family offense, custody, and paternity/support cases.
Q. Where is the Office located?
A. The Office is located at 10 N. Fitzhugh Street, Rochester, New York.
Q. What is the Office phone number?
A. The Office may be reached at (585) 753-4210. The fax number is (585) 753-4234. If faxing a document to the Office, please make sure that the intended recipient is clearly stated on the fax cover page.
Q. How many attorneys are employed by the Office?
A. The Office employs sixty (60) attorneys. They are assigned to either the Town Court Bureau, the City Court Bureau, the Felony Bureau, the Family Court Bureau, or the Appeals Bureau.
Q. So do you have support staff?
A. Yes, the Office employs paralegals, investigators, and secretaries who assist the attorneys in the performance of their duties. There are six investigators, six investigative assistants, nine secretaries, and two receptionists.
Q. How many attorneys are in the Town Court Bureau?
A. There are six (6) attorneys assigned to the Town Court Bureau. Those attorneys are responsible for representing clients in the 21 Towns and Villages in Monroe County. Those courts are: Brighton Town Court, Chili Town Court, Clarkson Town Court, East Rochester Village Court, Fairport Village Court, Gates Town Court, Greece Town Court, Hamlin Town Court, Henrietta Town Court, Honeoye Falls Village Court, Irondequoit Town Court, Mendon Town Court, Ogden Town Court, Parma Town Court, Penfield Town Court, Perinton Town Court, Pittsford Town Court, Riga Town Court, Rush Town Court, Sweden Town Court, Webster Town Court, and Wheatland Town Court. Last year, those attorneys represented approximately 4,200 clients.
Q. How many attorneys are in the City Court Bureau?
A. There are thirteen (13) attorneys assigned to the City Court Bureau. Those attorneys were responsible for representing clients charged with offenses in Rochester City Court, and clients accused of violating their parole. Last year, those attorneys represented approximately 14,300 cases.
Q. How many attorneys are assigned to the felony bureau of the Office?
A. There are twenty (20) attorneys assigned to the felony bureau of the Office. Those attorneys represent clients charged with serious offenses. Last year, those attorneys represented approximately 4400 clients.
Q. How many attorneys are in the Family Court Bureau?
A. There are eight (8) attorneys assigned to the Family Court Bureau. Those attorneys represented approximately 3,450 clients, in matters of child support violation, custody determination, family offense proceedings, abuse and neglect, and parental termination.
Q. How many attorneys are in the Appeals Bureau?
A. There are eight (8) attorneys assigned to the Appeals Bureau, handling appeals out of the criminal courts in Monroe County and the family court.
Q. How many cases does the Office handle per year?
A. In 2010, the Monroe County Public Defender's Office handled approximately 25,000 cases.
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topQ. Am I eligible for representation by the Monroe County Public Defender's Office?
A. In order to be eligible for the services of the Public Defender's Office, you must be either charged with an offense for which you are entitled to legal counsel, and the court must determine that you are "indigent".
Q. How does the court determine whether I am indigent?
A. The judge of the court where your case begins determines whether you are "indigent" and eligible for the services of the Public Defender's Office. The court bases its determination upon a recommendation provided by the Public Defender's Office. This recommendation is based upon a personal interview, called an "eligibility interview" that you must have with an employee of the Public Defender's Office.
Q. What is the "eligibility interview"?
A. The eligibility interview is conducted by a paralegal employed by the Public Defender's Office. At the interview you will be asked to provide information on your income, assets, debts, and other obligations (such as rent or child support). You may be asked to provide documentation of any information you provide. Based upon this information, the Office will make a recommendation to the court as to whether we believe you are eligible for representation by this Office. This recommendation is based upon the federal poverty guidelines. Currently, if you fall below 125% of the federal poverty guideline, taking into account any dependents you may have, the Office will recommend to the court that you be determined "indigent" and entitled to representation. However, the court makes the final determination.
Q. How do I schedule an "eligibility interview"?
A. Eligibility interviews are conducted in the Monroe County Public Defender's Office at the following times: for family court matters, eligibility hours are between 9:00 a.m. and 12:00 p.m. and from 1:00 p.m. to 4:00 p.m.; for criminal matters, eligibility interview hours are from 1:00 p.m. to 4:00 p.m. Eligibility interviews must be done in person. Each interview normally takes no longer than ten minutes. For more information, see Eligibility Standards.
Q. What happens if the court determines that I am not eligible for representation by the Public Defender's Office?
A. If the court determines that you are not eligible for representation by the Public Defender's Office, you will need to retain counsel. In limited circumstances, the court may assign the Public Defender's Office pursuant to County Law 722-d, which will require that you pay the Public Defender's Office for the cost of your representation at a reduced rate.
Current Criminal Court Clients
Q. What is an offense?
A. There are three types of offenses with which a person may be charged. They are felonies, misdemeanors and violations. Violations may include traffic infractions. Although most offenses we handle are defined in the Penal Law, there are other statutes that may define offenses. Felonies and misdemeanors are crimes. A person convicted of a felony or misdemeanor will have a criminal conviction, which in New York stays on their record for the rest of their lives.
Q. What is a violation?
A. Violation is an offense, other than a ‘traffic infraction,’ for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. Violations are the lowest level offenses. Misdemeanors are handled in the town and village courts, as well as Rochester City Court. If a person is convicted of a violation s/he does not have a criminal record. Unless the court directs that the record is to remain open, a conviction for a violation must be sealed. However, certain agencies will still have access to that record. Violations may be punished by up to 15 days in jail, a conditional discharge, an unconditional discharge, and/or fines.
Q. What is a misdemeanor?
A. Misdemeanor is is an offense, other than a ‘traffic infraction,’ for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed. Misdemeanors are handled in the town and village courts, as well as Rochester City Court. Misdemeanors are lower level crimes. They are classified as A, B, and for offenses not contained in the Penal Law, unclassified misdemeanors. Class A misdemeanors (and some unclassified misdemeanors) are the most serious misdemeanors. Generally, an A level misdemeanor can be punished by three years probation (six for sex offenses), up to a year in jail, up to 60 days in jail plus probation (this is called shock probation), a conditional discharge or an unconditional discharge. Fines may also be imposed. Generally, a B level misdemeanor can be punished by one year of probation, up to 90 days in jail, up to 60 days in jail plus probation, a conditional discharge or an unconditional discharge. Fines may also be imposed.
Q. What is a felony?
A. A felony is an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. That does not mean that such a sentence must be imposed in all cases. It is just the potential sentence that defines a felony. Felonies are the most serious charges. They are classified as violent or non-violent by statute. They are also classified as A, B, C, D, E, or for felonies defined outside the penal law, unclassified felonies. Felonies can be punished by five years probation (ten for sex offenses), up to six months in jail plus probation (this is called shock probation), a year in jail, or state prison. Fines may also be imposed. Only Violent Felony Offense (VFO) staff handles the VFO cases. Certain felonies require mandatory state prison.
Q. What is arraignment?
A. Arraignment is the proceeding wherein the court obtains jurisdiction over the defendant. The defendant is advised by the court of the charges against the defendant, and asked to enter a plea. The defendant routinely enters a plea of not guilty to the charges at arraignment. The arraigning court will then determine "release status" – whether the defendant will be released on his/her own recognizance, released with conditions, released to pre-trial services corporation, have bail set on the defendant, or hold the defendant without bail.
Q. What is "bail"?
A. Bail is the amount of money (in cash or bond) that must be deposited with the court in order for the defendant to be released. Whether bail is set and how much bail is set will depend on many factors, including the nature of the charge, the defendant’s legal history, and the defendant’s personal history. The judge will consider several criteria in setting bail. Those criteria include the defendant’s character, reputation, habits and mental condition, his or her employment and financial resources, his/her family ties and length of residence in the community, and his/her criminal record. A local criminal court does not have the authority to set bail on Class A felonies (Class A level drug offenses, kidnapping and murder charges) or people who are presently charged with a felony and have previously been convicted of two felony offenses.
Q. What is the pre-trial services corporation?
A. "Pre-trial" (a/k/a PTR) is a county funded agency that provides assessments and recommendations to judges as to whether a defendant is likely to return to court if released. Although PTR may recommend release of a defendant, the judge is the one who makes the decision. PTR also provides varying levels of supervision to defendants upon court order, including “straight pre-trial”, “contact supervision”, “daily reporting” and “home confinement.”
Q. After arraignment, how does the case proceed?
A. How each case proceeds will depend on a number of differing factors. Generally, after arraignment there will be a discussion regarding a possible "plea bargain" if the People are interested in offering one, and if the defendant is interested in accepting a plea bargain. A defendant cannot be forced to accept a plea bargain. Should the defendant not wish to accept a plea bargain, the case will proceed towards trial. This usually involves the exchange of information by both sides, known as "discovery", the preparation of pre-trial motions (requests for specific relief to be granted by the judge), pre-trial hearings, and eventually trial. If the defendant is convicted, the judge will impose a lawful sentence.
Q. What are some of the sentences that a defendant may receive if he is convicted of a violation?
A. The lawful sentences that may be imposed for most violation offenses are an unconditional discharge, a conditional discharge, a fine, intermittent imprisonment, or a definite sentence of no more than 15 days.
Q. What are some of the sentences that a defendant may receive if he is convicted of a misdemeanor?
A. The lawful sentences that may be imposed for most misdemeanor convictions are an unconditional discharge, a conditional discharge, a fine, three years probation, intermittent imprisonment, or a definite sentence of no more than one year.
Q. What are some of the sentences that a defendant may receive if he is convicted of a felony?
A. The possible sentences that may be imposed for a felony conviction depend upon the seriousness of the felony conviction. Felonies are classified as A (I or II) – the most serious, B, C, D, E, and "unclassified felonies". The more serious felonies generally require a state prison sentence. Less serious felonies may allow a defendant to receive a probation sentence, a local sentence of imprisonment, or even just a fine. Defendants with prior felony convictions are likely to have higher mandated minimum sentences.
Q. What is an adjournment in contemplation of dismissal (ACD)?
A. An adjournment in contemplation of dismissal (ACD) is not an offense. It is a disposition that may be offered to resolve a case. With an ACD, a charge is taken off the court calendar for six months (or one year for family offenses) CPL 170.55. If there is no violation of the conditions of the ACD, the charge is dismissed at the end of that period. The court may impose conditions on the ACD. Conditions that may be imposed by a court may include the requirement that a person participate in a program or do community service. A defendant will not have to pay fines or surcharges when granted an ACD.
Q. What is an unconditional discharge?
An unconditional discharge is a disposition in which the case is resolved with a plea, but no additional conditions.
Q. What is a conditional discharge?
A. A conditional discharge (CD) is a disposition in which the court sets conditions that must be met. It is a sentence that may be imposed when the court determines that prison is not appropriate and probation supervision is not necessary. Common conditions of a conditional discharge include community service, work week-ends, and treatment requirements. A conditional discharge is a revocable sentence. If the conditions are not met, the court can revoke the CD and resentence a defendant to any sentence s/he might have originally received for the conviction.
Q. What are fines and surcharges?
A. Fines can be imposed for convictions. The amounts of fines vary depending on the charge. Some fines are mandatory, such as those for certain driving offenses. Most are not. Generally, other than in driving offenses, fines are not often imposed in our misdemeanor cases. In addition to fines, there are surcharges and other fees that are imposed on defendants for convictions. These are usually mandatory, although a surcharge may be waived for indigency, reduced to judgment, or have collection deferred until a later date, such as the conclusion of the period of incarceration.
Q. What is restitution?
A. Restitution is a condition of a sentence requiring that the defendant pay back the victim. If the restitution amount appears to be inflated, you have the right to a hearing to challenge the claimed restitution If restitution is imposed as a condition of probation, a five per cent (5%) surcharge is also imposed.
Q. What is probation?
A. Probation is a revocable sentence. A defendant sentenced to probation will be assigned a probation officer, and will have to report to probation on a weekly basis. For intensive supervision, the reporting may occur more frequently. A probationer will be required to work or go to school, participate in appropriate programming, and meet other conditions. Additional probation conditions may be imposed upon persons convicted of driving while intoxicated convictions or a sex offense.
Q. What is intermittent imprisonment (Jail week-ends, work Saturdays and Sundays)?
A. A sentence of intermittent imprisonment is one in which a defendant is required to report for one or more days or week-ends to the jail. The duration of a term of intermittent imprisonment is limited to the period of the duration of the sentence, rather than the actual days spent in custody. Intermittent terms are served at the Monroe County Correctional Facility (MCF) located in Henrietta. Prior to commencing an intermittent sentence, a defendant must sign up and go to orientation at the Correctional Facility on one of several designated times and dates. Failure to do so will cause them to be rejected when they appear at MCF to commence their sentence.
Q. What is a sentence of home confinement?
A. Home confinement is a condition of a sentence that may be imposed by a court. A defendant will be required to wear an ankle bracelet that signals if s/he departs from the premises where s/he is required to remain. A defendant sentenced to home confinement must have a telephone. If the defendant leaves without authorization, the probation department will report this to the court, and the defendant will be charged with violating conditions of his/her sentence.
Q. What is a sentence of imprisonment?
A. A defendant may be sentenced to a period of imprisonment. A "local Sentence" (or "definite" sentence) is a sentence of imprisonment in the local county jail. This sentence is generally authorized for misdemeanors, and lower level felonies. For serious felonies, a sentence of imprisonment requires that is be served in a correctional facility operated by the Department of Corrections.
Q. If I am represented by the Public Defender's Office in criminal court, who will be assigned to represent me?
A. We assign attorneys to clients a number of different ways. If your case is in one of the Town or Villages of Monroe County, you will be assigned the attorney who is assigned to handle the cases in that court. Similarly, if your case is in front of a City Court judge, you will be assigned to the attorney who is currently handling cases in front of that judge. If you are charged with a felony, your case is assigned to either a "non-violent felony" attorney, or a "violent felony attorney", (depending on the felony with which you are charged) on a rotating basis.
Q. If I have an issue with how the attorney is handling the case, how should I handle that?
A. You should start by discussing your issue with the attorney assigned to your case. If you are not satisfied with his or her response, you may contact that attorney's supervisor. Supervisor's may be reached by contacting the switchboard at 753-4210 and asking to speak with the Town Court supervisor if your case is in a town or village court; the City Court supervisor, if your case is in Rochester City Court, the Non-violent felony supervisory, if you are charged with a non-violent felony, or the Second Assistant Public Defender, if you are charged with a violent felony. If you are not satisfied with the response of the supervisor, you may contact the Public Defender and review the issue with him.
Q. If I am not satisfied with the attorney assigned to my case, may I demand new counsel from the Public Defender's Office be assigned?
A. Although you may request that a new assistant public defender be assigned to your case, such requests are rarely granted. The Office makes every effort to resolve issues clients may have with their assigned attorney so that reassignment of counsel is rarely necessary. Only the Public Defender may decide whether to assign a new assistant public defender to a case, and that will be done only in exceptional circumstances.
Q. If I am not satisfied with the Public Defender's Office, may I request that a private attorney be assigned to my case?
A. The Public Defender's Office will seek to be relieved from representing a client only in situations where continuing the representation will result in an ethical conflict, or when it appears that a client is no longer indigent. However, a client may request that the judge relieve the Public Defender's Office for any reason. The final determination is up to the judge.
Q. I have a matter in Monroe County Family Court. Am I entitled to representation by the Public Defender's Office?
A. Clients who are indigent and who are either: (1) parents and respondents in Article 10 matters (abuse and neglect); (2) the parties to an Article 8 matter (family offense); (3) custody determinations; (4) termination of parental rights; (5) contempt proceedings, or “willful violation” proceedings; (6) adoption proceedings where parent opposes the adoption; (7) respondents in paternity proceedings.
Q. If I am represented by the Public Defender's Office in family court, who will be assigned to represent me?
A. We assign attorneys to family court clients on the basis of which judge is assigned to hear your case.
Q. If I have an issue with how the attorney is handling the case, how should I handle that?
A. You should start by discussing your issue with the attorney assigned to your case. If you are not satisfied with his or her response, you may contact the Family Court Bureau supervisor. The supervisor may be reached by contacting the switchboard at 753-4210 and asking to speak with the family court supervisor. If you are not satisfied with the response of the supervisor, you may contact the Public Defender and review the issue with him.
Q. If I am not satisfied with the attorney assigned to my case, may I demand new counsel from the Public Defender's Office be assigned?
A. Although you may request that a new assistant public defender be assigned to your case, such requests are rarely granted. The Office makes every effort to resolve issues clients may have with their assigned attorney so that reassignment of counsel is rarely necessary. Only the Public Defender may decide whether to assign a new assistant public defender to a case, and that will be done only in exceptional circumstances.
Q. If I am not satisfied with the Public Defender's Office, may I request that a private attorney be assigned to my case?
A. The Public Defender's Office will seek to be relieved from representing a client only in situations where continuing the representation will result in an ethical conflict, or when it appears that a client is no longer indigent. However, a client may request that the judge relieve the Public Defender's Office for any reason. The final determination is up to the judge.
Current Appellate Court Clients
Q. What is an appeal?
A. An appeal is a review by an appellate court of the trial court proceedings. The review by the appellate court is based entirely upon the written record of the trial court proceedings. There is no new trial in the appellate court, and it accepts no new evidence. The appellate court only considers whether the trial court proceedings were legally conducted.
Q. What court will hear my appeal?
A. In New York, there are two levels of appellate courts. Your case will be reviewed first by the Appellate Division. The five judges of the Appellate Division panel which will hear your appeal have the authority to reverse your conviction as a matter of law or in the interest of justice. They also have the authority to reduce your sentence. If you lose at the Appellate Division, you may ask the Court of Appeals, the highest court in the state, to review your case. Very few cases are accepted for review by the Court of Appeals. In New York, there are two levels of appellate courts. Your case will be reviewed first by the Appellate Division. The five judges of the Appellate Division panel which will hear your appeal have the authority to reverse your conviction as a matter of law or in the interest of justice. They also have the authority to reduce your sentence. If you lose at the Appellate Division, you may ask the Court of Appeals, the highest court in the state, to review your case. Very few cases are accepted for review by the Court of Appeals.
Q. If I am represented by the Public Defender's Office on an appeal, who will be assigned to represent me?
A. We assign attorneys to cases in the order of dates of conviction, with the older cases having priority. When an attorney is ready to take on a new case, that attorney will take that case that is oldest on our assignment list..
Q. If I have an issue with how the attorney is handling the case, how should I handle that?
A. You should start by discussing your issue with the attorney assigned to your case. If you are not satisfied with his or her response, you may contact the Appeals Bureau supervisor. The supervisor may be reached by contacting the switchboard at 753-4210 and asking to speak with the appeals bureau supervisor. If you are not satisfied with the response of the supervisor, you may contact the Public Defender and review the issue with him.
Q. If I am not satisfied with the attorney assigned to my case, may I demand new counsel from the Public Defender's Office be assigned?
A. Although you may request that a new assistant public defender be assigned to your case, such requests are rarely granted. The Office makes every effort to resolve issues clients may have with their assigned attorney so that reassignment of counsel is rarely necessary. Only the Public Defender may decide whether to assign a new assistant public defender to a case, and that will be done only in exceptional circumstances.
Q. If I am not satisfied with the Public Defender's Office, may I request that a private attorney be assigned to my case?
A. The Public Defender's Office will seek to be relieved from representing a client only in situations where continuing the representation will result in an ethical conflict, or when it appears that a client is no longer indigent. However, a client may request that the appellate court relieve the Public Defender's Office for any reason. The final determination is up to the court.
Q. If the Public Defender's Office is handling my appeal, will it seek a stay of sentence or an appeals bond so that I may be free pending the outcome of the appeal?
A. No. People who appeal from their conviction are not entitled to remain out of custody while their appeal is pending. In very rare cases, a court may issue a Stay of the sentence, and this Stay may require that bail be posted. A Stay is only granted if it appears very likely that the conviction will be overturned on appeal. Stays are granted in a tiny fraction of appeals.
Q. What is the Sex Offender Registration Act?
A. SORA, sometimes called Megan’s Law, requires persons convicted of certain offenses to register their address, e-mail address, screen names, and other information with police. It then permits the police to distribute this information to the community, with some limitations.
Q. Can SORA apply to crimes committed before it was enacted?
A. Yes. SORA was enacted in January 1996, and applies to all listed offenses committed before that date, if the defendant was on probation, parole or in jail on the offense when SORA came into effect. Crimes from the 1970s and before have resulted in registration. The United States Supreme Court has upheld the retroactive application of SORA on the theory that it is not primarily punitive in nature.
Q. What do the levels mean?
A. Those subject to SORA are classified level one, two or three by a judge. Level one is the lowest, with the least community notification, and level one is the only level where the sex offender is not on the internet registry. Level two represents a moderate risk, but level two sex offenders are on the registry. Level three is the highest level. Level three sex offenders are listed on the internet and must register in person every ninety days.
Q. What happens if someone puts copies of a registry entry up in public, or passes out copies of SORA fliers?
A. The statute limits how much information the police can distribute to the public. The statute specifically places no limit on what information can be shared by members of the public once they have that information.
Q. Does level three sex offender mean the person is a child molester?
A. No. The SORA classification scheme tries to determine the likelihood that someone will commit a new offense, and the severity of a new offense if there is one. It depends on the judgment of the court. The levels do not correspond to any type of offense.
Q. How does someone get off SORA?
A. Under the current law there is no way to get off SORA. The law, currently, removes all level one sex offenders from the registry twenty years after their initial registration. That means that the earliest anyone could get off the list would be 2016 - if the law is not changed again. Level two and three are lifetime registrants, but level two can petition to be removed from the registry after thirty years. So under the current law 2026 would be the earliest any level two could even ask to be taken off the list.
Q. What does “sexually violent predator” or “predicate sex offender” mean?
A. SORA provides for sub-classifications in addition to the level classifications. Someone might be a level two, with an additional designation such as “sexually violent predator” or “predicate sex offender”. What this means is that, even if the person is otherwise eligible to be removed from the registry, their period of registration is for life and they must remain on the registry.
Q. What restrictions are there on where sex offenders can live or work?
A. SORA provides only one restriction on work - offenders cannot sell frozen desserts from a motor vehicle - and no restrictions on where sex offenders may live. Nonetheless, apartment complexes may have their own rules about who is allowed to live there; there may be Federal regulations and so on. Also, being a registered sex offender may adversely affect chances for employment. Finally, those who are on probation or parole may have separate rules associated with probation and parole.
Q. Is it true that Sex Offenders cannot be out of their homes or answer their door on Halloween?
A. There is nothing in the Sex Offender Registration Act which prohibits sex offenders being out of their homes on Halloween, nor is there a rule which says they cannot answer their doors. However, sex offenders who are on probation or parole may be subject to other rules arising from probation or parole.
Q. What happens if someone does not report a change of address, a change or additional e-mail, or a change or additional screen name?
A. Failure to register, in any form, is a felony, and subjects the sex offender to a prison sentence, even if the crime for which they register was only a misdemeanor.
Q. How does someone lower their level of classification?
A. Correction Law 168-o provides that a sex offender may petition the original classifying court for a reduction in their level no more than annually. The petition must be prepared by the defendant himself, though once it is filed the court must review the person’s eligibility for assigned counsel. This means that the petition for modification is not prepared by the Public Defender’s Office.
Q. I was a past client of the Monroe County Public Defender's Office. Can you help me obtain a certificate of relief from civil disabilities, or a certificate of good conduct?
A. We cannot assist clients with any post-conviction applications. Our representation of a client terminates either when sentence is imposed, or when the appeal is finally determined. For assistance in such matters, please contact the Judicial Process Commission at (585) 325-7727.
Q. I was a past client of the Monroe County Public Defender's Office. Can you help me with a federal habeas corpus petition or a Criminal Procedure Law Art. 440 motion?
A. We cannot assist clients with any post-conviction applications. Our representation of a client terminates either when sentence is imposed, or when the appeal is finally determined.
Q. I would like a copy of my file, may I obtain one?
A. You may obtain a copy of your trial file by contacting Margaret Prescott at (585) 753-4031. Please inform Ms. Prescott of the court in which you were prosecuted and the approximate date you were convicted, or the case was terminated in your favor. You will be charged a fee for repeated requests for copies.
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