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Rule 4-202.03.? Records Access.

Intent:

To identifywho may access court records.

Applicability:

This ruleapplies to the judicial branch.

Statement of the Rule:

(1)       PublicCourt Records.? Any person mayaccess a public court record.

(2)       SealedCourt Records.? An adoptive parentor adult adoptee may obtain a certified copy of the adoption decree uponrequest and presentation of positive identification. Otherwise, no one mayaccess a sealed court record except by order of the court. A judge may review asealed record when the circumstances warrant.

(3)       PrivateCourt Records.? The following mayaccess a private court record:

(3)(A)       thesubject of the record;

(3)(B)       theparent or guardian of the subject of the record if the subject is an unemancipated minor or under a legal incapacity;

(3)(C)       aparty, attorney for a party, or licensed paralegal practitioner for a party tolitigation in which the record is filed;

(3)(D)       aninterested person to an action under the Uniform Probate Code;

(3)(E)       theperson who submitted the record;

(3)(F)       theattorney or licensed paralegal practitioner for a person who mayaccess the private record or an individual who has a written power of attorneyfrom the person or the person?s attorney or licensed paralegal practitioner;

(3)(G)      anindividual with a release from a person who may access the private recordsigned and notarized no more than 90 days before the date the request is made;

(3)(H)       anyoneby court order;

(3)(I)        court personnel, but only to achieve the purposefor which the record was submitted;

(3)(J)       a person provided the record under Rule 4-202.04or Rule 4-202.05; and

(3)(K)       agovernmental entity with which the record is shared under Rule 4-202.10.

(4)       ProtectedCourt Records.? The following mayaccess a protected court record:

(4)(A)       theperson or governmental entity whose interests are protected by closure;

(4)(B)       theparent or guardian of the person whose interests are protected by closure ifthe person is an unemancipated minor or under a legalincapacity;

(4)(C)       theperson who submitted the record;

(4)(D)       theattorney or licensed paralegal practitioner for the person who submitted the recordor for the person or governmental entity whose interests are protected byclosure or for the parent or guardian of the person if the person is an unemancipated minor or under a legal incapacity or anindividual who has a power of attorney from such person or governmental entity;

(4)(E)       anindividual with a release from the person who submitted the record or from theperson or governmental entity whose interests are protected by closure or fromthe parent or guardian of the person if the person is an unemancipatedminor or under a legal incapacity signed and notarized no more than 90 daysbefore the date the request is made;

(4)(F)       aparty, attorney for a party, or licensed paralegal practitioner for a party tolitigation in which the record is filed;

(4)(G)      anyoneby court order;

(4)(H)       courtpersonnel, but only to achieve the purpose for which the record was submitted;

(4)(I)        a person provided the record under Rule 4-202.04or Rule 4-202.05; and

(4)(J)       a governmental entity with which the record isshared under Rule 4-202.10.

(5)       JuvenileCourt Social Records.? The followingmay access a juvenile court social record:

(5)(A)       thesubject of the record, if 18 years of age or over;

(5)(B)       aparent or guardian of the subject of the record if the subject is an unemancipated minor;

(5)(C)       anattorney or person with power of attorney for the subject of the record;

(5)(D)       aperson with a notarized release from the subject of the record or the subject?slegal representative dated no more than 90 days before the date the request ismade;

(5)(E)       thesubject of the record?s therapists and evaluators;

(5)(F)       aself-represented litigant, a prosecuting attorney, a defense attorney, aGuardian ad Litem, and an Attorney General involved in the litigation in whichthe record is filed;

(5)(G)      agovernmental 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)       theDepartment of Human Services, school districts and vendors with whom they orthe courts contract (who shall not permit further access to the record), butonly for court business;

(5)(I)        court personnel, but only to achieve the purposefor which the record was submitted;

(5)(J)       a governmental entity with which the record isshared under Rule 4-202.10;

(5)(K)       theperson who submitted the record;

(5)(L)       public or private individuals or agenciesproviding services to the subject of the record or to the subject?s family,including services provided pursuant to a nonjudicialadjustment, if a probation officer determines that access is necessary toprovide effective services; and

(5)(M)      anyoneby court order.

(5)(N)       Juvenilecourt competency evaluations, psychological evaluations, psychiatricevaluations, psychosexual evaluations, sex behavior risk assessments, and othersensitive mental health and medical records may be accessed only by:

(5)(N)(i)       thesubject of the record, if age 18 or over;

(5)(N)(ii)      anattorney or person with power of attorney for the subject of the record;

(5)(N)(iii)     aself-represented litigant, a prosecuting attorney, a defense attorney, aGuardian ad Litem, and an Attorney General involved in the litigation in whichthe record is filed;

(5)(N)(iv)    agovernmental 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)     courtpersonnel, but only to achieve the purpose for which the record was submitted;

(5)(N)(vi)    anyoneby court order.

(5)(O)      Whenrecords may be accessed only by court order, a juvenile court judge will permitaccess consistent with Rule 4-202.04 as required by due process of law in amanner that serves the best interest of the child.

(6)       JuvenileCourt Legal Records.? The followingmay access a juvenile court legal record:

(6)(A)       allwho may access the juvenile court social record;

(6)(B)       alaw enforcement agency;

(6)(C)       achildren?s justice center;

(6)(D)       publicor private individuals or agencies providing services to the subject of therecord or to the subject?s family; and

(6)(E)       thevictim of a delinquent act may access the disposition order entered against thedefendant.

(7)       SafeguardedCourt Records.? The following mayaccess a safeguarded record:

(7)(A)       thesubject of the record;

(7)(B)       theperson who submitted the record;

(7)(C)       theattorney or licensed paralegal practitioner for a person who may access therecord or an individual who has a written power of attorney from the person orthe person?s attorney or licensed paralegal practitioner;

(7)(D)       anindividual with a release from a person who may access the record signed andnotarized no more than 90 days before the date the request is made;

(7)(E)       anyoneby court order;

(7)(F)       courtpersonnel, but only to achieve the purpose for which the record was submitted;

(7)(G)      aperson provided the record under Rule 4-202.04 or Rule 4-202.05;

(7)(H)       agovernmental entity with which the record is shared under Rule 4-202.10; and

(7)(I)        a person given access to the record in order forjuvenile probation to fulfill a probation responsibility.

(8)       Courtpersonnel shall permit access to court records only by authorized persons. Thecourt may order anyone who accesses a non-public record not to permit furtheraccess, the violation of which may be contempt of court.

(9)       Ifa court or court employee in an official capacity is a party in a case, therecords of the party and the party?s attorney are subject to the rules ofdiscovery and evidence to the same extent as any other party.

Effective November 1, 2018