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Rule 4-202.02. RecordsClassification.

 

Intent:

To classify courtrecords as public non-public.

 

Applicability:

This rule applies to thejudicial branch.

 

Statementof the rule:

 

(1)  Presumption of Public Court Records. Court reports are public unlessotherwise classified by this rule.

 

(2)  Public Court Records. Public court records include but arenot limited to:

(2)(A)???????? abstract of a citation that redacts all non-publicinformation;

(2)(B)???????? aggregate records without non-public information and withoutpersonal identifying information;

(2)(C)???????? appellate filings, including briefs:

(2)(D)???????? arrest warrants, but a court may restrict access beforeservice;

(2)(E)???????? audit reports;

(2)(F) ??????? case files;

(2)(G)??????? committee reports after release by the Judicial Council orthe court that requested the study;

(2)(H)???????? contracts entered into by the judicial branch and records ofcompliance with the terms of a contract;

(2)(I)????????? draftsthat were never finalized but were relied upon in carrying out an action orpolicy;

(2)(J)???????? exhibits, but the judge may regulate or deny access toensure the integrity of the exhibit, a fair trial or interests favoringclosure;

(2)(K) ??????? financial records;

(2)(L)???????? indexes approved by the Management Committee of the JudicialCouncil, including the following, in courts other than the juvenile court; anindex may contain any other index information:

????????????????? ??????????? (2)(L)(i)??????????? amount in controversy;

????????????????? ??????????? (2)(L)(ii)?????????? attorney name;

????????????????? ??????????? (2)(L)(iii)????????? licensed paralegal practitionername;

????????????????? ??????????? (2)(L)(iv)????????? case number;

????????????????? ??????????? (2)(L)(v)?????????? case status;

????????????????? ??????????? (2)(L)(vi)????????? civil case type or criminalviolation;

????????????????? ??????????? (2)(L)(vii)???????? civil judgment or criminaldisposition;

????????????????? ??????????? (2)(L)(viii)???????? daily calendar;

????????????????? ??????????? (2)(L)(ix)????????? file date;

????????????????? ??????????? (2)(L)(x)?????????? party name;

(2)(M) ?????? name, business address, businesstelephone number, and business email address of an adult person or businessentity other than a party or a victim or witness of a crime;

(2)(N)???????? name, address, telephone number, email address, date ofbirth, and last four digits of the following: driver?s license number; socialsecurity number; or account number of a party;

(2)(O)??????? name, business address, business telephone number, andbusiness email address of a lawyer or licensed paralegal practitioner appearingin a case;

(2)(P)???????? name, business address, business telephone number, andbusiness email address of court personnel other than judges;

(2)(Q)??????? name, business address, and business telephone number ofjudges;

(2)(R)???????? name,gender, gross salary and benefits, job title and description, number of hoursworked per pay period, dates of employment, and relevant qualifications of acurrent or former court personnel;

(2)(S)???????? unlessclassified by the judge as private or safeguarded to protect the personalsafety of the juror or the juror?s family, the name of a juror empaneled to trya case, but only 10 days after the jury is discharged;

(2)(T)???????? opinions, including concurring and dissenting opinions, andorders entered in open hearings;

(2)(U)???????? order or decision classifying a record not as public;

(2)(V)???????? private record if the subject of the record has givenwritten permission to make the record public;

(2)(W)??????? probation progress/violation reports;

(2)(X)???????? publicationsof the administrative office of the courts;

(2)(Y)???????? record in which the judicial branch determines or states anopinion on the rights of the state, a political subdivision, the public, or aperson;

(2)(Z)???????? record of the receipt or expenditure of public funds;

(2)(AA)????? record or minutes of an open meeting or hearing and thetranscript of them;

(2)(BB)????? record of formal discipline of current or former courtpersonnel or of a person regulated by the judicial branch if the disciplinaryaction has been completed, and all time periods for administrative appeal haveexpired, and the disciplinary action was sustained;

(2)(CC)????? record of a request for a record;

(2)(DD)????? reports used by the judiciary if all of the data in the reportis public or the Judicial Council designates the report as a public record;

(2)(EE)????? rules of the Supreme Court and Judicial Council;

(2)(FF)?????? search warrants, the application and all affidavits or otherrecorded testimony on which a warrant is based are public after they areunsealed under Utah Rule of Criminal Procedure 40;

(2)GG)?????? statisticaldata derived from public and non-public records but that disclose only publicdata; and

(2)(HH)????? notwithstanding subsections (6) and (7), if a petition,indictment, or information is filed charging a person 14 years of age or olderwith a felony or an offense that would be a felony if committed by an adult,the petition, indictment or information, the adjudication order, thedisposition order, and the delinquency history summary of the person are publicrecords. The delinquency history summary shall contain the name of the person,a listing of the offenses for which the person was adjudged to be within thejurisdiction of the juvenile court, and the disposition of the court in each ofthese offenses.

 

(3)  Sealed Court Records. The following court records aresealed:

(3)(A)???????? records in the following actions:

(3)(A)(i)??????????? Title 78B, Chapter 9, Part 1 ? UtahAdoption Act six months after the conclusion of proceedings, which are privateuntil sealed;

(3)(A)(ii)?????????? Title 78B, Chapter 15, Part 8 ?Gestational Agreement, six months after the conclusion of proceedings, whichare private until sealed;

(3)(A)(iii) ???????? Section 76-7-304.5 ? Consent requiredfor abortions performed on minors; and

(3)(A)(iv) ???????? Section78B-8-402 ? Actions for disease testing;

????????????????? (3)(B)???????? expunged records;

????????????????? (3)(C)???????? orders authorizing installation ofpen register or trap and trace device under Utah Code Section 77-23a-15;

????????????????? (3)(D) ??????? records showing the identity of aconfident informant;

????????????????? (3)(E)???????? records relating to the possessionof a financial institution by the commissioner of financial institutions underUtah Code Section 7-2-6;

????????????????? (3)(F)???????? wills deposited for safe keepingunder Utah Code Section75-2-901;

????????????????? (3)(G)??????? records designated as sealed by ruleof the Supreme Court;

????????????????? (3)(H)???????? record of a Children?s JusticeCenter investigative interview after the conclusion of any legal proceedings;and

????????????????? (3)(I)????????? other records as ordered by the court under Rule 4-202.04.

 

(4)   PrivateCourt Records. Thefollowing court records are private:

(4)(A)???????? records in the following actions;

(4)(A)(i)? ????????? Section62A-15-631, Involuntary commitment under court order;

(4)(A)(ii) ????????? Section 76-10-532, Removal from the National Instant CheckSystem database;

(4)(A)(iii) ???????? Title 78B, Chapter 6, Part 1, Utah Adoption Act, until therecords are sealed;

(4)(A)(iv) ???????? Title 78B, Chapter 15, Part 8, Gestational Agreement, untilthe records are seals; and

(4)(A)(v) ????????? cases initiated in the districtcourt filing an abstract of a juvenile court restitution judgment.

????????????????? (4)(B)???????? records in the following actions,except that the case history, judgments, orders, and decrees, letters ofappointment, and the record of public hearings are public record:

(4)(B)(i)? ????????? Title30, Husband and Wife, including qualified domestic relations orders, exceptthat an action for consortium due to personal injury under Section 30-2-11 ispublic;

(4)(B)(ii) ????????? Title 77, Chapter 3a, Stalking Injunctions;

(4)(B)(iii) ???????? Title 75, Chapter 5, Protection of Persons Under Disability and their Property;

(4)(B)(iv) ???????? Title 78B, Chapter 7, ProtectiveOrders;

(4)(B)(v) ????????? Title 78B, Chapter 13, Utah Uniform Child CustodyJurisdiction and Enforcement Act;

Child Support Act;

(4)(B)(vii)???????? Title 78B, Chapter 14, Uniform Interstate Family SupportAct;

(4)(B)(viii)??????? Title 78B, Chapter 15, Utah Uniform Parentage Act; and

(4)(B)(ix) ???????? an action to modify or enforce ajudgment in any of the actions in this subparagraph (B);?

(4)(C)???????? records related to determinations of indigency;

(4)(D)???????? an affidavit supporting a motion to waive fees;

(4)(E)???????? aggregate records other than public aggregate records undersubsection (2);

(4)(F)???????? alternative dispute resolution records;

(4)(G) ?????? applications for accommodation underthe Americans with Disabilities Act;

(4)(H)???????? jail booking sheets;

(4)(I)????????? citation,but an abstract of a citation that redacts all non-public information is public;

(4)(J)???????? judgment information statement;

(4)(K)???????? judicial review of final agency action under Utah CodeSection 62A-4a-1009;

(4)(L)???????? the following personal identifying information about aparty: driver?s license, social security number, account description andnumber, password, identification number, maiden name and mother?s maiden name,and similar personal identifying information;

(4)(M)??????? thefollowing personal identifying information about a person other than a party ora victim or witness of a crime: residential address, personal email address,personal telephone number, date of birth, driver?s license number, socialsecurity number, account description and number, password, identification number,maiden name, mother?s maiden name, and similar personal identifyinginformation;

(4)(O)??????? name of a minor, except that the name of a minor party ispublic in the following district and justice court proceedings:

????????????????????????????? (4)(O)(i)?????????? namechange of a minor;

????????????????????????????? (4)(O)(ii)????????? guardianshipor conservatorship for a minor;

????????????????????????????? (4)(O)(iii)????????? felony,misdemeanor, or infraction;

????????????????????????????? (4)(O)(iv)???????? protectiveorders and stalking injunctions; and

????????????????????????????? (4)(O)(v)????????? custodyorders and decrees;

(4)(P)???????? nonresidentviolator notice of noncompliance;

(4)(Q)??????? personnel fileof a current or former court personnel or applicant for employment;

(4)R)????????? photograph,film, or video of a crime victim;

(4)(S)???????? record of acourt hearing closed to the public or of a child?s testimony taken under URCrP 15.5:

????????????????????????????? (4)(S)(i)??????????? permanentlyif the hearing is not traditionally open to the public and public access doesnot play a significant positive role in the process: or

????????????????????????????? (4)(S)(ii)?????????? if thehearing is traditionally open to the public, until the judge determines it ispossible to release the record without prejudice to the interests thatjustified the closure;

(4)(T)???????? recordsubmitted by a senior judge or court commissioner regarding performanceevaluation and certification;

(4)(U)??????? recordsubmitted for in camera review until its public availability is determined;

(4)(V)???????? reports of investigations by ChildProtective Services;

(4)(W)??????? victim impactstatements;

(4)(X)???????? name of aprospective juror summoned to attend court, unless by the judge as safeguardedto protect the personal safety of the prospective juror or the prospectivejuror?s family;

(4)(Y)???????? records filedpursuant to Rules 52-59 of the Utah Rules of Appellate Procedure, except briefsfiled pursuant to court order;

(4)(Z)???????? records in aproceeding under Rule 60 of the Utah Rules of Appellate Procedure; and

(4)(AA)????? other records as order by the court underRule 4-202.04.

 

(5)   ProtectedCourt Records. Thefollowing court records are protected:

(5)(A)???????? attorney?swork product, including the mental impressions of legal theories of an attorneyor other representative of the courts concerning litigation, privilegedcommunication between the courts and an attorney representing, retained, oremployed by the courts, and records prepared solely in anticipation oflitigation or a judicial, quasi-judicial, or administrative proceeding;

(5)(B)???????? records that are subject to the attorney client privilege;

(5)(C)???????? bids or proposals until the deadline for submitting them hasclosed;

(5)(D)???????? budget analyses, revenue estimates, and fiscal notes ofproposed legislation before issuance of the final recommendations in theseareas;

(5)(E)???????? budget recommendations, legislative proposals, and policystatements, that if disclosed would reveal the court?s contemplated policies orcontemplated courses of action;

(5)(F)???????? court security plans;

(5)(G)??????? investigation and analysis of loss covered by the riskmanagement fund;

(5)(H)???????? memorandum prepared by staff for a member of any body charged by law with performing a judicial functionand? used in the decision-making process;

(5)(I)????????? confidentialbusiness records under Utah Code Section 63G-2-309;

(5)(J)???????? record created or maintained for civil, criminal, oradministrative enforcement purposes, audit or discipline purposes, orlicensing, certification or registration purposes, if the record reasonablycould be expected to:

(5)(J)(i)? ????????? interfere with an investigation;

(5)(J)(ii) ????????? interfere with a fair hearing ortrial;

(5)(J)(iii) ????????? disclose the identity of aconfidential source; or

(5)(J)(iv) ???????? concern the security of a courtfacility;

????????????????? (5)(K) ??????? record identifying property under consideration for sale oracquisition by the court or its appraised or estimated value unless theinformation has been disclosed to someone not under a duty of confidentialityto the courts;

????????????????? (5)(L)???????? record that would reveal thecontents of settlement negotiations other than the final settlement agreement;

????????????????? (5)(M)??????? record the disclosure of which wouldimpair governmental procurement or give an unfair advantage to any person;

????????????????? (5)(N)???????? record the disclosure of whichwould interfere with supervision of an offender?s incarceration, probation, orparole;

????????????????? (5)(O)??????? record the disclosure of which wouldjeopardize life, safety, or property;

????????????????? (5)(P)???????? strategy about collectivebargaining or pending litigation;

????????????????? (5)(Q)??????? test questions and answers;

????????????????? (5)(R)???????? trade secrets as defined in UtahCode Section 13-24-2;

????????????????? (5)(S)???????? record of a Children?s JusticeCenter investigative interview before the conclusion of any legal proceedings;

????????????????? (5)(T)???????? presentence investigation report;

????????????????? (5)(U)???????? except for those filed with thecourt, records maintained and prepared by juvenile probation; and

????????????????? (5)(V)???????? other records as ordered by thecourt under Rule 4-202.04.

 

(6)  Juvenile Court Social Records. The following are juvenile courtsocial records:

(6)(A)???????? correspondence relating to juvenile social records;

(6)(B)???????? custody evaluations, parent-time evaluations, parentalfitness evaluations, substance abuse evaluations, domestic violenceevaluations;

(6)(C)???????? medical, psychological, psychiatric evaluations;

(6)(D)???????? pre-disposition and social summary reports;

(6)(E)???????? probation agency and institutional reports or evaluations;

(6)(F)???????? referral reports;

(6)(G)??????? report of preliminary inquiries; and

(6)(H)???????? treatment or service plans.

 

(7)  Juvenile Court Legal Records. The following are juvenile courtlegal records:

(7)(A)???????? accounting records;

(7)(B)???????? discovery filed with the court;

(7)(C)???????? pleadings, summonses, subpoenas, motions, affidavits,calendars, minutes, findings, order, decrees;

(7)(D)???????? name of a party or minor;

(7)(E)???????? record of a court hearing;

(7)(F)???????? referral and offense histories

(7)(G)??????? and any other juvenile court record regarding a minor thatis not designated as a social record.?

 

(8)  Safeguarded Court Records. The following court records aresafeguarded:

(8)(A)???????? uponrequest, location information, contact information, and identity informationother than name of a petitioner and other persons to be protected in an actionfiled under Title 77, Chapter 3a, Stalking Injunctions or Title 78B, Chapter 7,Protective Orders;

(8)(B)???????? uponrequest, location information, contact information and identity informationother than name of a party or the party?s child after showing affidavit thatthe health, safety, or liberty of the party of child would be jeopardized bydisclosure in a proceeding under Title 78B, Chapter 13, Utah Uniform ChildCustody Jurisdiction and Enforcement Act or Title 78B, Chapter 14, UniformInterstate Family Support Act or Title 78B, Chapter 15, Utah Parentage Act;

(8)(C)???????? location information, contact information, and identityinformation of prospective jurors on the master jury list or the qualified jurylist;

(8)(D)???????? location information, contact information, and identityinformation other than name of a prospective juror summoned to attend court;

(8)(E)???????? the following information about a victim or witness of acrime:

(8)(E)(i)??????????? business or personal address,email address, telephone number, and similar information from which the personcan be located or contacted;

(8)(E)(ii)?????????? date of birth, driver?s licensenumber, social security number, account description and number, password,identification number, maiden name, mother?s maiden name, and similar personalidentifying information.

 

EffectiveDecember 5, 2020