Rule 4-202.05. Request to access an
administrative record; research; request to classify an administrative record;
request to create an index.
Intent:
To establish
the process for accessing an administrative court record, aggregate records and
court records for the purpose of research.
Applicability:
This rule
applies to court records associated with the administration of the judiciary,
aggregate records and indexes, and requests to access non-public records for
the purpose of research.
Statement of
the Rule:
(1) A request
to access a public court record shall be presented in writing to the custodian
of the record unless the custodian waives the requirement. A request to access
a non-public court record to which a person is authorized access shall be
presented in writing to the custodian of the record. A written request shall
contain the requester’s name, mailing address, daytime telephone number and a
description of the record requested. If the record is a non-public record, the
person making the request shall present identification.
(2)(A) A
request to access a private or protected court record, including aggregate
records, to which the person is not authorized access shall be presented in
writing to the state court administrator. The request shall contain the
requester’s name, mailing address, daytime telephone number, a description of
the record and a statement of facts, authority and argument in support of the
request. If the state court administrator allows access, the state court
administrator may impose any reasonable conditions to protect the interests
favoring closure. The person making the request shall sign an agreement to be
bound by the conditions.
(2)(B) Before
allowing access to a private or protected record to someone not authorized
access, the state court administrator shall mail notice of the request for
access to any person whose interests are protected by closure and allow 10
business days for that person to submit a statement of facts, authority and
argument in support of closure.
(2)(C)(i) The state court administrator may disclose non-public
court records, including records associated with a case other than sealed
records, for research purposes without the notice required in this rule if the
state court administrator decides that the research is bona fide and cannot
reasonably be completed without disclosure of the records, and the interests
favoring the research are greater than or equal to the interests favoring
closure.
(2)(C)(ii) If
the state court administrator discloses non-public court records for research
purposes, the researcher shall sign a written statement acknowledging that
violating the agreement may be grounds for criminal prosecution under Utah Code
Section 63-2-801. The agreement may include any reasonable condition to protect
the interests favoring closure, including an agreement to:
(2)(C)(ii)(a)
maintain the integrity, confidentiality and security of the records;
(2)(C)(ii)(b)
return or destroy records from which a person can be identified as soon as the
research has been completed;
(2)(C)(ii)(c)
not disclose the record, except for the purpose of auditing or evaluating the
research and the auditor or evaluator agrees not to disclose the record;
(2)(C)(ii)(d)
use the record only for the described research;
(2)(C)(ii)(e)
indemnify the courts for any damages awarded as a result of injury caused by
the research; and
(2)(C)(ii)(f)
if the research involves human subjects, comply with state and federal laws
regulating research involving human subjects.
(2)(C)(iii) A
request to access a court record under this rule is also governed by Rule
4-202.06 and Rule 4-202.07.
(3) A request
to classify a court record as private or protected shall be presented in
writing to the state court administrator. The request shall contain the relief
sought and a statement of facts, authority and argument in support of the
request. The state court administrator may deny access to the record until the
determination is entered.
(4) In deciding
whether to allow access to a court record or whether to classify a court record
as private or protected, the decision maker may consider any relevant factor,
interest or policy presented by the parties, including but not limited to the
interests described in Rule 4-202.
(5) A request
to identify a data element as an index shall be presented in writing to the
state court administrator. The request shall contain the relief sought and a
statement of facts, authority and argument in support of the request. The state
court administrator shall present the request to the Management Committee,
which shall consider the request in the same manner as provided for appeals in
Rule 4-202.07.