Print Version
Previous PageFile uploaded: 11/1/2019

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)       Public Court Records.† Any person may access a public court record.

(2)       Sealed Court Records.An adoptive parent or adult adoptee mayobtain a certified copy of the adoption decree upon request and presentation ofpositive identification. Otherwise, no one may access a sealed court recordexcept by order of the court. A judge may review a sealed record when thecircumstances warrant.

(3)       Private Court Records.The following may access a private courtrecord:

(3)(A)       the subject of the record;

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

(3)(C)       a party, attorney for a party, or licensed paralegalpractitioner for a party to litigation in which the record is filed;

(3)(D)       an interested person to an action under theUniform Probate Code;

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

(3)(F)       the attorney or licensed paralegalpractitioner for a person who may access the private record or anindividual who has a written power of attorney from the person or the personísattorney 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)       anyone by 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)       a governmental entity with which the record isshared under Rule 4-202.10.

(4)       Protected Court Records.The following may access a protectedcourt record:

(4)(A)       the person or governmental entity whoseinterests are protected by closure;

(4)(B)       the parent or guardian of the person whoseinterests are protected by closure if the person is an unemancipated minor orunder a legal incapacity;

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

(4)(D)       the attorney or licensed paralegal practitioner forthe person who submitted the record or for the person or governmental entitywhose interests are protected by closure or for the parent or guardian of theperson if the person is an unemancipated minor or under a legal incapacity oran individual who has a power of attorney from such person or governmentalentity;

(4)(E)       an individual with a release from the person whosubmitted the record or from the person or governmental entity whose interestsare protected by closure or from the parent or guardian of the person if theperson is an unemancipated minor or under a legal incapacity signed andnotarized no more than 90 days before the date the request is made;

(4)(F)       a party, attorney for a party, or licensedparalegal practitioner for a party to litigation in which the record is filed;

(4)(G)       anyoneby court order;

(4)(H)       court personnel, but only to achieve the purposefor 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)       Juvenile Court Social Records.The following may access a juvenilecourt social record:

(5)(A)       the subject of the record, if 18 years of age orover;

(5)(B)       a parent or guardian of the subject of therecord if the subject is an unemancipated minor;

(5)(C)       an attorney or person with power of attorney forthe subject of the record;

(5)(D)       a person with a notarized release from thesubject of the record or the subjectís legal representative dated no more than90 days before the date the request is made;

(5)(E)       the subject of the recordís therapists andevaluators;

(5)(F)       a self-represented litigant, a prosecutingattorney, a defense attorney, a Guardian ad Litem, and an Attorney Generalinvolved in the litigation in which the 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)       the Department of Human Services, school districtsand vendors with whom they or the courts contract (who shall not permit furtheraccess to the record), but only 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)       the person who submitted the record;

(5)(L)       public or private individuals or agenciesproviding services to the subject of the record or to the subjectís family,including services provided pursuant to a nonjudicial adjustment, if aprobation officer determines that access is necessary to provide effectiveservices; and

(5)(M)       anyoneby court order.

(5)(N)       Juvenile court competency evaluations,psychological evaluations, psychiatric evaluations, psychosexual evaluations,sex behavior risk assessments, and other sensitive mental health and medicalrecords may be accessed only by:

(5)(N)(i)       the subject 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)       Juvenile Court Legal Records.The following may access a juvenilecourt legal record:

(6)(A)       all who may access the juvenile court socialrecord;

(6)(B)       a law enforcement agency;

(6)(C)       a childrenís justice center;

(6)(D)       public or private individuals or agencies providingservices to the subject of the record or to the subjectís family;

(6)(E)       the victim of a delinquent act may access thedisposition order entered against the minor; and

(6)(F)       the parent or guardian of the victim of adelinquent act may access the disposition order entered against the minor ifthe victim is an unemancipated minor or under legal incapacity.

(7)       Safeguarded Court Records.The following may access a safeguardedrecord:

(7)(A)       the subject of the record;

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

(7)(C)       the attorney or licensed paralegal practitioner fora person who may access the record or an individual who has a written power ofattorney from the person or the personís attorney or licensed paralegalpractitioner;

(7)(D)       an individual with a release from a person whomay access the record signed and notarized no more than 90 days before the datethe request is made;

(7)(E)       anyone by court order;

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

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

(7)(H)       a governmental entity with which the record isshared 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)       Court personnel shall permit access to courtrecords only by authorized persons. The court may order anyone who accesses anon-public record not to permit further access, the violation of which may becontempt of court.

(9)       If a court or court employee in an officialcapacity is a party in a case, the records of the party and the partyísattorney are subject to the rules of discovery and evidence to the same extentas any other party.

Effective November 1, 2019