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Rule 4-202.05. Request to access an administrative record;research; request to classify an administrative record; request to create anindex.

Intent:

To establish the process for accessing an administrative courtrecord, aggregate records and court records for the purpose of research.

Applicability:

This rule applies to court records associated with theadministration of the judiciary, aggregate records and indexes, and requests toaccess non-public records for the purpose of research.

Statement of the Rule:

(1) A request to access a public court record shall be presentedin writing to the custodian of the record unless the custodian waives therequirement. A request to access a non-public court record to which a person isauthorized access shall be presented in writing to the custodian of the record.A written request shall contain the requester?s name, mailing address, daytimetelephone number and a description of the record requested. If the record is anon-public record, the person making the request shall present identification.

(2)(A) A request to access a private or protected court record,including aggregate records, to which the person is not authorized access shall be presented in writing to the state courtadministrator. The request shall contain the requester?s name, mailing address,daytime telephone number, a description of the record and a statement of facts,authority and argument in support of the request. If the state courtadministrator allows access, the state court administrator may impose anyreasonable conditions to protect the interests favoring closure. The personmaking the request shall sign an agreement to be bound by the conditions.

(2)(B) Before allowing access to a private or protected record tosomeone not authorized access, the state court administrator shall mail noticeof the request for access to any person whose interests are protected byclosure and allow 10 business days for that person to submit a statement offacts, authority and argument in support of closure.

(2)(C)(i) The state court administrator may disclose non-publiccourt records, including records associated with a case other than sealedrecords, for research purposes without the notice required in this rule if thestate court administrator decides that the research is bona fide and cannotreasonably be completed without disclosure of the records, and the interestsfavoring the research are greater than or equal to the interests favoringclosure.

(2)(C)(ii) If the state court administrator discloses non-publiccourt records for research purposes, the researcher shall sign a writtenstatement acknowledging that violating the agreement may be grounds forcriminal prosecution under Utah Code Section 63G-2-801. The agreement mayinclude any reasonable condition to protect the interests favoring closure,including an agreement to:

(2)(C)(ii)(a) maintain the integrity,confidentiality and security of the records;

(2)(C)(ii)(b) return or destroy recordsfrom which a person can be identified as soon as the research has beencompleted;

(2)(C)(ii)(c) not disclose the record,except for the purpose of auditing or evaluating the research and the auditoror evaluator agrees not to disclose the record;

(2)(C)(ii)(d) use the record only for thedescribed research;

(2)(C)(ii)(e) indemnify the courts forany damages awarded as a result of injury caused by the research; and

(2)(C)(ii)(f) if the research involveshuman subjects, comply with state and federal laws regulating researchinvolving human subjects.

(2)(C)(iii) A request to access a court record under this rule isalso governed by Rule 4-202.06 and Rule 4-202.07.

(3) A request to classify a court record as private or protectedshall be presented in writing to the state court administrator. The requestshall contain the relief sought and a statement of facts, authority andargument in support of the request. The state court administrator may denyaccess to the record until the determination is entered.

(4) In deciding whether to allow access to a court record orwhether to classify a court record as private or protected, the decision makermay consider any relevant factor, interest or policy presented by the parties,including but not limited to the interests described in Rule 4-202.

(5) A request to identify a data element as an index shall bepresented in writing to the state court administrator. The request shallcontain the relief sought and a statement of facts, authority and argument insupport of the request. The state court administrator shall present the requestto the Management Committee, which shall consider the request in the samemanner as provided for appeals in Rule 4-202.07.