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Access to Court Records

Access to Court Records. Michael Henderson, Legal Counsel October 28, 2010. Tips on Public Records. Read Rule 32 Pay attention to time limits! If the request cannot be granted easily, get it in writing.

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Access to Court Records

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  1. Access to Court Records Michael Henderson, Legal Counsel October 28, 2010

  2. Tips on Public Records • Read Rule 32 • Pay attention to time limits! • If the request cannot be granted easily, get it in writing. • If you have questions, seek guidance from a supervisor or refer it to the custodian judge. • Do not ask the reason for seeking records, except in limited circumstances. • Stay cool, collected, and courteous.

  3. What Records Are Available? • See subsection (d) of Rule 32. • Exceptions are listed under subsections (g) and (i).

  4. The Request • May be made by “any person” • Must clearly identify the record • Do not ask why the person wants the record • You may verify the identity of a person seeking otherwise exempt records about him/herself • You may ask that the request be put in writing

  5. Who Decides Whether to Grant the Request? • Custodian of the records • For case files, the clerk or a deputy clerk designated in writing by the clerk • For records not in case files, the TCA or a judge designated by the ADJ • Custodian Judge • For case files, the presiding judge or a judge designated by the ADJ • For records not in case files, the ADJ or ADJ designee

  6. The Response to the Request • Within 3 working days you must: • Disclose the record • Refer the request to the custodian judge • Give written notice of denial; or • Notify the person it will take longer • No duty to compile or summarize information or create new records • Costs for copying

  7. I.C. § 9-338(8) • Agency may establish a copy fee schedule • May not exceed the actual cost to the agency • Shall not include any administrative or labor costs • May establish a fee to recover labor costs if… • The agency may charge a fee for providing a duplicate of a computer tape, computer disc, microfilm or similar record • May not charge for copies or labor when the requester shows…

  8. How Does A Person Challenge A Denial? • If denied by the custodian, may file a request for a ruling by the custodian judge • If denied by the custodian judge, may petition the district court within 180 days after the denial

  9. Records Exempt from Disclosure • See subsection (g) • List begins on page 8 of outline

  10. Persons Who May Be Able to View Records, Even If Exempt • If approved by the custodian judge, state and local official--in the exercise of their official duties • Parties to an action and their attorneys, unless restricted by order of the court (see exceptions) • Disclosure by custodian of statistical information • Employees exercising right to access their own personnel files • Court personnel working under the supervision of the courts and within the scope of their duties

  11. Sealing, Redacting and Closing of Records by the Court • Sealed files shall be marked “sealed” on the outside of the file. • Redacting – Place originals in a manila envelope marked “sealed” with a general description of the records. Substitute a redacted copy, so marked, in the file. • The electronic record shall reflect that a file has been ordered sealed. • The order directing that a file be sealed or redacted shall be subject to examination (so long as it does not reveal the information it is intended to protect).

  12. Questions? Contact Information: Michael Henderson Legal Counsel Idaho Supreme Court (208) 334-2246 mhenderson@idcourts.net

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