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Rule 4-202.03. Records access.

Intent:

To identify who mayaccess court records.

Applicability:

This rule applies to thejudicial branch.

Statement of the Rule:

(1) Any person mayaccess a public court record.

(2) 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) The following mayaccess a private court record:

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

(3)(B) the parent or guardian of the subject of the record if thesubject is an unemancipated minor or undera legal incapacity;

(3)(C) a party or attorney for a party to litigation in which therecord is filed;

(3)(D) an interested person to an action under the Uniform ProbateCode;

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

(3)(F) the attorney for a person who may access the private recordor an individual who has a written power of attorney from the person or theperson?s attorney;

(3)(G) an individual with a release from a person who may accessthe private record signed and notarized no more than 90 days before the datethe 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 Rule4-202.05; and

(3)(K) a governmental entity with which the record is shared underRule 4-202.10.

(4) The following mayaccess a protected court record:

(4)(A) the person or governmental entity whose interests areprotected by closure;

(4)(B) the parent or guardian of the person whose interests areprotected by closure if the person is an unemancipated minoror under a legal incapacity;

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

(4)(D) the attorney 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 the personif the person is anunemancipated minor or undera legal incapacity or an individual who has a power of attorney from suchperson or governmental entity;

(4)(E) an individualwith a release from the person who submitted the record or from the person orgovernmental entity whose interests are protected by closure or from the parentor guardian of the person if the person is an unemancipated minoror under a legal incapacity signed and notarized no more than 90 days beforethe date the request is made;

(4)(F) a party or attorney for a party to litigation in which therecord is filed;

(4)(G) anyone by court order;

(4)(H) court personnel, but only to achieve the purpose for whichthe record was submitted;

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

(4)(J) a governmental entity with which the record is shared underRule 4-202.10.

(5) The following mayaccess 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 thesubject is an unemancipated minor;

(5)(C) an attorney or person with power of attorney for the subjectof the record;

(5)(D) a person with a notarized release from the subject of therecord or the subject?s legal representative dated no more than 90 days beforethe date the request is made;

(5)(E) the subject 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) a governmental entity charged with custody, guardianship,protective supervision, probation or parole of the subject of the recordincluding juvenile probation, Division of Child and Family Services andJuvenile Justice Services;

(5)(H) the Department of Human Services, school districts andvendors 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 purpose for which the record was submitted;

(5)(J) a governmental entity with which the record is shared underRule 4-202.10;

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

(5)(L) anyone by court order.

(5)(M) Juvenile courtcompetency evaluations, psychological evaluations, psychiatric evaluations,psychosexual evaluations, sex behavior risk assessments, and other sensitivemental health and medical records may be accessed only by:

(5)(M)(i) the subject of the record, if age 18 or over;

(5)(M)(ii) an attorney or person with power of attorney for the subjectof the record;

(5)(M)(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)(M)(iv) a governmental entity charged with custody, guardianship,protective supervision, probation or parole of the subject of the recordincluding juvenile probation, Division of Child and Family Services andJuvenile Justice Services;

(5)(M)(v) court personnel, but only to achieve the purpose for whichthe record was submitted;

(5)(M)(vi) anyone by court order.

(5)(N) When records maybe accessed only by court order, a juvenile court judge will permit accessconsistent with Rule 4-202.04 as required by due process of law in a mannerthat serves the best interest of the child.

(6) The following mayaccess 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) a public or private agency providing services to the subjectof the record or to the subject?s family; and

(6)(E) the victim of a delinquent act may access the dispositionorder entered against the defendant.

(7) The following mayaccess a safeguarded record:

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

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

(7)(C) the attorney for a person who may access the record or anindividual who has a written power of attorney from the person or the person?sattorney;

(7)(D) an individual with a release from a person who may accessthe record signed and notarized no more than 90 days before the date therequest is made;

(7)(E) anyone by court order;

(7)(F) court personnel, but only to achieve the purpose for whichthe record was submitted;

(7)(G) a person provided the record under Rule 4-202.04 or Rule4-202.05;

(7)(H) a governmental entity with which the record is shared underRule 4-202.10; and

(7)(I)a person given access to the record in order for juvenile probation to fulfilla probation responsibility.

(8) Court personnelshall permit access to court records only by authorized persons. The court mayorder anyone who accesses a non-public record not to permit further access, theviolation of which may be contempt of court.

(9) If a court or courtemployee in an official capacity is a party in a case, the records of the partyand the party?s attorney are subject to the rules of discovery and evidence tothe same extent as any other party.