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Annoying Reporters & Is That Phrase Redundant?. By Kathryn Dolan Indiana Supreme Court Public Information Officer. What Is Our Starting Point?. AR 9 Commentary “This rule starts with the presumption of open public access to court records.” Media Acts Entitled. Who Is The Press?.
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Annoying Reporters & Is That Phrase Redundant? By Kathryn Dolan Indiana Supreme Court Public Information Officer
What Is Our Starting Point? AR 9 Commentary “This rule starts with the presumption of open public access to court records.” Media Acts Entitled
Who Is The Press? Mainstream Media Citizen Journalists Bloggers Agenda Driven Groups
Does It Matter? AR 9 (B)(1) “All persons have access to court records as provided in this rule.”
When Is Access Required “I’m on deadline, Judge. It’s a public record—you have to help me.”
When Is Access Required? AR 9 (J)(1) “…in the courthouse during regular business hours established by the court.”
Bulk Records Somewhat unusual, but possible Send them to Lilly!
Records A Reporter Cannot Get Most Adoption Records Grand Jury Proceedings Pre-Sentence Reports Medical/Mental Health Complete Social Security Numbers Judges’ Notes/Emails Juror Information
Records A Reporter Can Get Litigant/Party Indexes Listing of New Case Filings CCS Calendars/Dockets Date/Time/Location of Hearing Probable Cause Charges Documents Entered Into Evidence Orders and Judgments
Remote Access AR 9 (C)(7) “…to inspect and copy information in …electronic form through electronic means.”
Remote Access • Litigant/Part Indexes • Listing of New Case Filings • CCS • Calendars/Dockets • Date/Time/Location of Hearing • Orders and Judgments • AR 9 (E) • “…should endeavor to make at least the following information when available electronically, remotely accessible.”
Audio & Video Recordings AR 9 (D) “…regardless of the manner of creation, method of collection, form of storage, form in which the record is maintained.”
Audio & Video Recordings AR 9 & AR 10 AR 9 (D) 4 “…manage access to audio and video recordings of proceedings…to comply with Code of Conduct, Rule 2.17.” “This provision does not operate to deny…access.”
Audio & Video Recordings AR 10 (A) “…responsible for the integrity of the judicial records.” Commentary Ensure recording is not altered or broadcast Specifically allows for playback and copying
Court House Security Cameras Code of Conduct, Rule 2.17 “purposes of judicial administration” Could you deny viewing the video? Who owns the record? Owned By County, AR 9 Not Applicable Create a Local Rule
Charging For Copies Where’s the guidance in AR 9? Like Waldo, it’s hard to find, in fact, it’s not there!
Charging For Copies IC 5-14-3-8 Fee may not exceed… ten cents per page IC 33-37-5-1(b) Fee may not exceed one dollar per page
“So There, Media!” Case On Appeal To ISC Uncovered confidential records August 2008 Order To Show Cause October 2008 ISC ordered hundreds of sealed documents open AR 9
30 Second Live Shot Records Open To Everyone Media Believes They Are Special You Can Charge One Dollar Page Certain Records They Can’t Get Point Out What Is Available Consider Remote Access Be Prepared For Audio/Video Requests Thank You For Making This Priority