D R A F T
JUDICIARY POLICY ON PUBLIC ACCESS TO RECORDS

I. Purpose of Policy; Scope; Findings

A. Purpose of Policy - In light of the increasing computerization of documentary materials received or made by the units of the Judicial Branch of State Government, the increasing demands for access to those materials, and the increasing State and national concern about the privacy rights of persons whose personal information is contained in those materials, the Judiciary finds that a policy is needed to establish guidelines to supplement the existing laws governing access to public records. The guidelines established by this policy are intended to assure public access to information about the operations of the units of the Judiciary, and the official activities of its officials and employees, without unnecessary interference with those operations and activities or unwarranted invasion of the privacy of a person in interest.

B. Scope - This policy applies to public records maintained by units of the Judiciary. It is intended to supplement the existing laws governing access to public records and not to supersede any laws that exempt designated public records from public access.

C. Findings - In order to achieve this result, the Judiciary finds that there is a need to establish guidelines governing:

(1) Requests for access to public records made in person at a courthouse;
(2) Mailed requests for copies of public records;
(3) Telephone requests about public records;
(4) Requests for copies of large quantities of computerized public records;
(5) Requests for electronic access to computerized public records; and
(6) Requests for compilations of specified items of information contained within computerized public records.
II. Definitions

As used in this policy, the following words have the meaning indicated:

(1) "Court Information Officer" means the Court Information Officer of the Judiciary.
(2) "Court records" means the documentary materials received or made by court personnel in connection with court cases and comprising the contents of case files, including pleadings, papers, requests, notices, writs, orders, judgments, docket entries, and other documentary materials.
(3) "Custodian of court records" means the official clerk of a court and a deputy clerk or employee of the clerk who maintains court records.
(4) "Custodian of land, licensing, or other records" means the elected circuit court clerk and a deputy clerk or employee of the clerk who maintains land, licensing, or other records.
(5) "Data" means the information contained within court records and land, licensing, or other records.
(6) "Dial-up access" means electronic access to computerized court records or land, licensing, or other records.
(7) "Land, licensing, or other records" means the documentary materials received or made by the circuit court clerks in connection with the land records, marriage and business license records, and other records required by law to be maintained by the circuit court clerks.

III. Requests

A. To Whom Made -

(1) Except as otherwise provided in subsections (2) and (3), requests for access to inspect or for copies of court records or land, licensing, or other records shall be made to the custodian of the respective records.
(2) Requests for dial-up access to court records or land, licensing, or other records shall be made to the Court Information Officer.
(3) Requests for compilations of data shall be made to the Court Information Officer.

B. Requests for In-person Inspection or Copying of Records -

(1) Generally - A person desiring to inspect or copy a court record or land, licensing, or other record shall make an oral or written request to the custodian of the respective record. If the request is oral, the custodian may require a written request if the custodian determines that the disclosure of the records is questionable or the request is so involved or lengthy as to need further definition. The request must clearly identify each record requested so that the custodian can locate the record without doing extensive research. If the person making the request is unable to clearly identify the record requested, the custodian may refer the person to the appropriate index of records and advise the person how to use the index to search for a record.
(2) Access to Multiple Records - Access to inspect or copy large numbers of records at any one time shall not be permitted. With the exception of lands records, custodians are not required to allow a person access to more than ten records at a time, but may do so in the exercise of their discretion if it will not cause disruption to the custodians' primary functions. For purposes of this limitation, a court record means the entire case file.

C. Mailed Requests for Copies of Records - A person mailing in a request for a copy of a court record or licensing or other record must clearly identify each record requested so that the custodian can locate the record without doing extensive research. A person mailing in a request for a copy of a land record must identify the record by its official recording reference.

D. Telephone Requests - A custodian is not required to ascertain the existence of a court record or land or other record in response to a telephone inquiry; a custodian shall ascertain and disclose, in response to a telephone inquiry, if a specified type of license was issued to an identified person in a designated year. If a person is unwilling or not reasonably able to come to the courthouse to examine the appropriate index to ascertain if a record exists, the person may submit a written request for a copy of the relevant page or pages of the appropriate index. The custodian shall advise the person making the telephone inquiry of the number of index pages involved and the per-page copying cost.

E. Large Scale Requests for Copies of Computerized Records -

(1) A person requesting copies of large quantities of computerized court records or land, licensing, or other records shall submit a written request containing:

(a) The name, address, and daytime telephone number of the person;
(b) The affiliation or association of the person;
(c) A clear description of the documentary materials sought; and
(d) The time period for which the records are requested.
(2) Continuing requests for documentary materials not yet received or made will not be considered.
(3) The custodian shall consult with the computer support personnel of the Administrative Office of the Courts to ascertain if the request is unduly burdensome and, if not, the cost for the copies requested. A request is considered "unduly burdensome" if it may strain the system capacity through extensive use of computer processing time to retrieve and download the records, may cause delay in services provided by the computer support personnel to the courts or other units of the Judiciary Department, or require extensive employee work hours to complete the request. If the request is determined to be unduly burdensome, the custodian may require the person requesting the copies to modify the scope of the request or to agree to a segmented or delayed delivery of the copies.

F. Requests for Dial-up Access -

(1) A person requesting dial-up access to court records or land, licensing, or other records shall submit a written request containing:

(a) The name, address, and daytime telephone number of the person;
(b) The affiliation or association of the person;
(c) If the person is not an attorney or law firm and is not affiliated with a government agency or instrumentality directly involved in court cases, a statement of the intended use of the records accessed.
(2) Upon payment of the reasonable costs by the person requesting dial-up access, the Court Information Officer shall grant attorneys and law firms and public agencies directly involved in court cases dial-up access to court records. Upon payment of the reasonable costs by the person requesting dial-up access, the Court Information Officer may grant dial-up access to persons engaged in a government activity or a business that requires access to court records or land, licensing, or other records for a legitimate business use.

G. Requests for Data Compilations -

(1) The Judiciary Department is not required to create compilations of data. The Court Information Officer may grant a request for data pursuant to this section. A request for data from records that are exempt from public access shall be denied.

(2) A request for data shall be in writing and shall contain:

(a) The name, address, and daytime telephone number of the person;
(b) The affiliation or association of the person;
(c) A statement of the exact data requested, including identification of the public records in which the data is contained;
(d) A statement of the intended use of the data; and
(e) A statement as to whom the data will be distributed or disclosed.
(3) The criteria against which a request for data is evaluated by the Court Information Officer is:
(a) The specificity of the request;
(b) The potential for infringement of personal privacy created by release of the data requested;
(c) The potential for abuse or misinterpretation of the data requested as it relates to its intended use;
(d) The potential disruption to the internal, ongoing business of the courts;
(e) The potential for benefit to a governmental or other public purpose.
(4) The Court Information Officer shall consult with the computer support personnel of the Administrative Office of the Courts to ascertain if the request is unduly burdensome and, if not, the approximate cost for satisfying the request. A request is considered "unduly burdensome" if it may strain the system capacity through extensive use of computer processing time to locate, aggregate, and download the data, may cause delay in services provided by the computer support personnel to the courts or other units of the Judiciary Department, or require extensive employee work hours to complete the request.

(5) The person making the request shall bear the cost of honoring the request for data and shall sign a contract to that effect. The data shall not be released until the cost is paid, unless the Court Information Officer elects to waive the cost. Costs may be waived if the request is made by an agency or instrumentality of the State or if the request is made by a person affiliated with a nonprofit organization in connection with a project that has a significant potential to benefit a governmental or other public purpose.