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Public Access to Court Records

Why is public access important?.

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Public Access to Court Records

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    1. Using technology to safely expand the public’s right to access Public Access to Court Records

    2. Why is public access important? “Access to public records gives citizens the opportunity to participate in public life, help set priorities, and hold their governments accountable. A free flow of information can be an important tool for building trust between a government and its citizens.” (The Carter Center) Texas Government Code Chapter 552 – Open Records Act Texas Rules of Judicial Administration – Rule 12

    3. Public Information vs. Court Records Public information in the judiciary = “judicial records” Record made in regular course of business but not pertaining to its adjudicative function Document, paper, letter, map, book, tape, photograph, etc, whether electronic or not Court Records “Created, produced or filed in connection with any matter that is or has been before a court” Not subject to Rule 12 or Open Records Act

    4. Practical Obscurity Records at courthouse Require information to obtain court records Virtually impossible to find out about case

    5. Electronic Access to Court Records Technology and internet access have broadened the possibilities for access to court records Practical obscurity is obliterated Many issues accompany Texas Judicial Council report – August 2004 (http://www.courts.state.tx.us/tjc/pdf/final%20public%20access%20council%20report.pdf)

    6. Major policy decisions on electronic access Scope of access Case types Who gets access to what Local vs. remote Bulk records Compiled records Commercial use Payment vs. free And last, but not least….

    7. Privacy Issues with Electronic Access Should some information be protected for public consumption? Sensitive Data SSN, DL, bank accounts, etc Cases involving children Sexual assaults Divorce, family law Retroactive application

    8. Judicial Council Recommendations Require sensitive data form in each case include full sensitive data on form – not available to public Exclude sensitive data from court records Draft Remote Access Rule proposed Allows courts to establish system Provides for remote access Requires searching by specific information only Limits access to certain records, including family code proceedings

    9. Lubbock County’s Remote Access to Court Records Established under Local Government Code § 191.008 (“Authority to establish computerized electronic information system”) Commissioners Court can establish system with county records with consent of custodian of records Establish eligibility criteria for users Set reasonable fee District and County Court at Law Criminal cases – May 2007 District and CCAL Civil cases – August 2008 JP Criminal and Civil cases – August 2008

    10. Lubbock County system (cont) Subscriber based system Annual subscription fee Internet based Funds dedicated to courtroom technology Access to data and images Data updated nightly Lubbock County Electronic Public Access to Court Records

    11. Resources Texas Judicial Council report - http://www.courts.state.tx.us/tjc/pdf/Final%20Public%20Access%20Council%20Report.pdf CCJ/COSCA paper – “Developing CCJ/COSCA Guidelines for Public Access to Court Records: A National Project to Assist State Courts” Lubbock County Electronic Access Policy - http://www.co.lubbock.tx.us/DCrt/PDF/LubbockCountyElectronicAccessPolicy.pdf

    12. David Slayton Director of court administration Lubbock county 806-775-1020 dslayton@co.lubbock.tx.us Questions?

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