Category: CJA04-0202.05

Code of Judicial Administration

CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 03-0202. Court referees. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a “record” documents prepared or received by a person in the person’s private capacity and documents that do not relate to the public’s business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as “protected” records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

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Code of Judicial Administration. Rule Regulating Access to Court Records.

Final Report of the Committee on Privacy and Public Court Records.
CJA 04-202. Purpose. New. Outlines the purposes served by open and closed court records.
CJA 04-202.01. Definitions. Repeal & Reenact. Defines terms used in court rules regulating access to records.
CJA 04-202.02. Records classification. Repeal & Reenact. Classifies court records as public or non-public.
CJA 04-202.03. Records access. Repeal & Reenact. Identifies who has access to non-public court records.
CJA 04-202.04. Request to access a record associated with a case; request to classify a record associated with a case. Repeal & Reenact. Establishes procedures for requesting access to a record associated with a case or for requesting confidential treatment of a case record.
CJA 04-202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Repeal & Reenact. Establishes procedures for requesting access to a record not associated with a case or for requesting confidential treatment of an administrative record. Establishes procedures for requesting non-public records for research and procedures for using a data element as an index to the court’s database.
CJA 04-202.06. Response to request to access or classify a court record. Repeal & Reenact. Establishes minimum requirements for responding to a records request.
CJA 04-202.07. Appeals. New. Establishes procedures for reviewing an adverse decision.
CJA 04-202.09. Miscellaneous. Amend. Permits a filer to redact sensitive information from pleadings. Requires vendors to comply with court policies regarding access to records.
CJA 04-202.10. Record sharing. New. Established procedures for sharing non-public records with other governmental entities.
CJA 04-202.12. Access to electronic data elements. Repeal. Eliminates distinctions between electronic data elements and public or non-public data generally.
CJA 04-205. Security of court records. Amend. Technical changes.

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