To identify
who may access court records.
This rule
applies to the judicial branch.
(1)
Public Court Records. Any person may access a public court record.
(2)
Sealed Court Records. An adoptive parent or adult adoptee may
obtain a certified copy of the adoption decree upon request and presentation of
positive identification. Otherwise, no one may access a sealed court record
except by order of the court. A judge may review a sealed record when the
circumstances warrant.
(3)
Private Court Records. The following may access a private court
record:
(3)(A)
the subject of the record;
(3)(B)
the parent or guardian of the subject of the
record if the subject is an unemancipated minor or under a legal incapacity;
(3)(C)
a party, attorney for a party, or licensed paralegal
practitioner for a party to litigation in which the record is filed;
(3)(D)
an interested person to an action under the
Uniform Probate Code;
(3)(E)
the person who submitted the record;
(3)(F)
the attorney or licensed paralegal
practitioner for a person who may access the private record or an
individual who has a written power of attorney from the person or the person’s
attorney or licensed paralegal practitioner;
(3)(G) an
individual with a release from a person who may access the private record
signed and notarized no more than 90 days before the date the request is made;
(3)(H)
anyone by court order;
(3)(I)
court personnel, but only to achieve the purpose
for which the record was submitted;
(3)(J)
a person provided the record under Rule 4-202.04
or Rule 4-202.05; and
(3)(K)
a governmental entity with which the record is
shared under Rule 4-202.10.
(4)
Protected Court Records. The following may access a protected
court record:
(4)(A)
the person or governmental entity whose
interests are protected by closure;
(4)(B)
the parent or guardian of the person whose
interests are protected by closure if the person is an unemancipated minor or
under a legal incapacity;
(4)(C)
the person who submitted the record;
(4)(D)
the attorney or licensed paralegal practitioner for
the person who submitted the record or for the person or governmental entity
whose interests are protected by closure or for the parent or guardian of the
person if the person is an unemancipated minor or under a legal incapacity or
an individual who has a power of attorney from such person or governmental
entity;
(4)(E)
an individual with a release from the person who
submitted the record or from the person or governmental entity whose interests
are protected by closure or from the parent or guardian of the person if the
person is an unemancipated minor or under a legal incapacity signed and
notarized no more than 90 days before the date the request is made;
(4)(F)
a party, attorney for a party, or licensed
paralegal practitioner for a party to litigation in which the record is filed;
(4)(G) anyone
by court order;
(4)(H)
court personnel, but only to achieve the purpose
for which the record was submitted;
(4)(I)
a person provided the record under Rule 4-202.04
or Rule 4-202.05; and
(4)(J)
a governmental entity with which the record is
shared under Rule 4-202.10.
(5)
Juvenile Court Social Records. The following may access a juvenile
court social record:
(5)(A)
the subject of the record, if 18 years of age or
over;
(5)(B)
a parent or guardian of the subject of the
record if the subject is an unemancipated minor;
(5)(C)
an attorney or person with power of attorney for
the subject of the record;
(5)(D)
a person with a notarized release from the
subject of the record or the subject’s legal representative dated no more than
90 days before the date the request is made;
(5)(E)
the subject of the record’s therapists and
evaluators;
(5)(F)
a self-represented litigant, a prosecuting
attorney, a defense attorney, a Guardian ad Litem, and an Attorney General
involved in the litigation in which the record is filed;
(5)(G) a
governmental entity charged with custody, guardianship, protective supervision,
probation or parole of the subject of the record including juvenile probation,
Division of Child and Family Services and Juvenile Justice Services;
(5)(H)
the Department of Human Services, school districts
and vendors with whom they or the courts contract (who shall not permit further
access to the record), but only for court business;
(5)(I)
court personnel, but only to achieve the purpose
for which the record was submitted;
(5)(J)
a governmental entity with which the record is
shared under Rule 4-202.10;
(5)(K)
the person who submitted the record;
(5)(L)
public or private individuals or agencies
providing services to the subject of the record or to the subject’s family,
including services provided pursuant to a nonjudicial adjustment, if a
probation officer determines that access is necessary to provide effective
services; and
(5)(M) anyone
by court order.
(5)(N)
Juvenile court competency evaluations,
psychological evaluations, psychiatric evaluations, psychosexual evaluations,
sex behavior risk assessments, and other sensitive mental health and medical
records may be accessed only by:
(5)(N)(i)
the subject of the record, if age 18 or over;
(5)(N)(ii) an
attorney or person with power of attorney for the subject of the record;
(5)(N)(iii) a
self-represented litigant, a prosecuting attorney, a defense attorney, a
Guardian ad Litem, and an Attorney General involved in the litigation in which
the record is filed;
(5)(N)(iv) a
governmental entity charged with custody, guardianship, protective supervision,
probation or parole of the subject of the record including juvenile probation,
Division of Child and Family Services and Juvenile Justice Services;
(5)(N)(v) court
personnel, but only to achieve the purpose for which the record was submitted;
(5)(N)(vi) anyone
by court order.
(5)(O) When
records may be accessed only by court order, a juvenile court judge will permit
access consistent with Rule 4-202.04 as required by due process of law in a
manner that serves the best interest of the child.
(6)
Juvenile Court Legal Records. The following may access a juvenile
court legal record:
(6)(A)
all who may access the juvenile court social
record;
(6)(B)
a law enforcement agency;
(6)(C)
a children’s justice center;
(6)(D)
public or private individuals or agencies providing
services to the subject of the record or to the subject’s family;
(6)(E)
the victim of a delinquent act may access the
disposition order entered against the minor; and
(6)(F)
the parent or guardian of the victim of a
delinquent act may access the disposition order entered against the minor if
the victim is an unemancipated minor or under legal incapacity.
(7)
Safeguarded Court Records. The following may access a safeguarded
record:
(7)(A)
the subject of the record;
(7)(B)
the person who submitted the record;
(7)(C)
the attorney or licensed paralegal practitioner for
a person who may access the record or an individual who has a written power of
attorney from the person or the person’s attorney or licensed paralegal
practitioner;
(7)(D)
an individual with a release from a person who
may access the record signed and notarized no more than 90 days before the date
the request is made;
(7)(E)
anyone by court order;
(7)(F)
court personnel, but only to achieve the purpose
for which the record was submitted;
(7)(G) a
person provided the record under Rule 4-202.04 or Rule 4-202.05;
(7)(H)
a governmental entity with which the record is
shared under Rule 4-202.10; and
(7)(I)
a person given access to the record in order for
juvenile probation to fulfill a probation responsibility.
(8)
Court personnel shall permit access to court
records only by authorized persons. The court may order anyone who accesses a
non-public record not to permit further access, the violation of which may be
contempt of court.
(9)
If a court or court employee in an official
capacity is a party in a case, the records of the party and the party’s
attorney are subject to the rules of discovery and evidence to the same extent
as any other party.
Effective November 1, 2019