Electronic Access to Court Records and Redaction: AOSC 15-18

Presenters:David Margolis

General Counsel

Donna DionneOperations Assistant Director

Jessica BondSenior Project Manager

Orange County Clerk of Courts

Separation of Powers

The Florida Supreme Court decides the right of access to court records. Examples include dissolution of marriage, criminal

cases, traffic cases, and civil cases

The Florida Legislature decides the right of access to everything else. Includes any records held by any government agency

other than the court (e.g. state agencies, county agencies, and cities)

Access is determined by the “Public Records Law,” enacted by the legislature

Examples include government contracts, organizational charts, and salaries

Some items are exempt from disclosure.Examples include building security information, active contract bidding, employee medical information

Non-Court Records

Orange County has an online form– Can submit by other means, but use of form is

encouraged

Request must be acknowledged promptly

Request must then be reviewed for legal exemptions and cost of production

Requesting Non-Court Records

Rules of Judicial Administration

The RJA determines access:

The Florida Supreme Court relies on a committee of lawyers (the “RJA Committee”) to help create the rules

These rules are uniform statewide

Rule 2.420 controls the access to most court records

Access Security Matrix

First adopted by the Florida Supreme Court in AOSC 14-19 (May 23, 2014)The matrix determines the level of access to

court records given to different user groups.Example: SAO has “Level B” access to most

documents, but only “Level D” access to probate

Most recent version of the matrix was released in August 2017.

Criminal & Traffic Court Records

Cases involving adult defendants should be visible online, including the content of the actual court documents (the “images”)

Confidential records include: Search warrants and arrest warrants (until the warrant is

served) Social security and bank account numbers Information that reveals the identity of a child abuse or

sex crime victim, or address of a DV victim who requests confidentiality

Grand Jury records Sealed and expunged records under Chapter 943

Civil Cases (CA, CC, SC prefixes)

Records are generally available online. Judges can seal a civil court file, but only in certain situations

Always remind the public that they are searching one county at a time. As a result, there may be lawsuits in other counties!

Family Law Cases: Divorce & Child Custody

Records that are normally accessible onlineCase numbers, party names, and “progress docket”

Records that are available in-person at the courthouseThe actual content (“images”) of divorce and child custody motions, responses, financial affidavits, and orders

NOTE: some records are not even held by the Clerk, i.e. private civil settlements that the parties never file with the court

Family Law Cases: Divorce & Child Custody

Records that are normally confidentialAdoption, abuse or neglect cases, birth records, guardianship reports, juvenile delinquency

Paternity recordsCertain types of paternity cases or filings may be confidential, i.e. some records in gestational surrogacy cases

Family Law Cases

Juvenile RecordsDelinquency records (criminal cases) are

confidentialDependency and termination of parental

rights (civil cases filed by DCF) are also confidential

Family Law Cases

Repeat violence or sexual violence injunctionsCase number, party names, and progress

docket is onlineThe actual content of the filings (“images”) are

available in-person, except for portions that may be confidential or sealedWhat if the injunction was dismissed? See

Florida Statute 119.0714(1)(k).

Probate & Mental Health Cases

ProbateEstate “inventories and accountings” are

confidentialMost other records are public, e.g. a copy of a

decedent’s final will

Mental HealthPatient’s “clinical record” is confidentialBaker Act case numbers, party names, and the

“progress docket” (event log) are available in person at the Clerk’s office

Privacy Myths

As required by law, this information is publicly available:

Driver’s license numbers

Divorce documents

Baker Act cases (except for the patient’s clinical record)

Traffic tickets

Criminal cases that were dismissed or nolle prossed (unless the case is sealed or expunged)

Privacy Options for Customers

If a customer believes a document is confidential…..

The filer must submit a “Notice of Confidential Information” that identifies the specific legal basis for confidentiality.

The Clerk will review the notice. If the Clerk cannot keep the record confidential, the Clerk will give the filer ten (10) days notice before releasing the record.

The Clerk’s decision can always be overruled by a judge.

Privacy Options for Customers

If a customer believes the Clerk has publicly posted information that is confidential under the law….

Encourage the customer to file a “Motion to Determine Confidentiality of Court Records,” which will be reviewed by a judge.

Wrongful disclosure may result in civil liability for the clerk’s office. However, the clerk is not liable if the filer failed to file the notice of confidential information. See Florida Statute 119.0714(2)(g).

Paper vs. Electronic Court Records

Attorney filers are required to file court documents by electronic means. See Fla. R. Jud. Admin. 2.520(a).EXCEPTION: attorneys can file paper documents in

open court, with permission from the judge. See Fla. R. Jud. Admin. 2.525(d)(6).

Pro se filers have the option to file electronically or by paper. See Fla. R. Jud. Admin. 2.525(d)(2).

Maintaining Electronic Court Records

Electronic records are deemed official records. See Fla. R. Jud. Admin. 2.525(c)(2).

Electronically filed records should be retained permanently in electronic format.

Maintaining Paper Court Records

Most paper records can be destroyed after the original has been electronically scanned. See Fla. R. Jud. Admin. 2.525(c).MAJOR EXCEPTION: the criminal rules require filers to

“deposit” with the clerk a paper version of any “document that is a judgment and sentence or… required by statute or rule to be sworn to or notarized….” See Fla. R. Crim. P. 3.030(c).

• Once deposited, the paper document must be retained even after the document is scanned.

• The retention period is 10 years or 75 years, depending on the disposition of the case. See Fla. R. Jud. Admin. 2.430(c)(1).

How do customers access court records?

My eClerk can be searched online, anonymously

Greater online access is available to subscribers, parties, attorneys of record, etc.

Anything beyond anonymous access requires registration and submission of a notarized form

LIVE DEMO

My eClerk Maintenance

Product owner reviews potential updates from matrix changes, user feedback

Agreed changes are developed by IS&T and tested internally by Operations

Internal documentation is updated to reflect changes

We created and routinely review OCCC version of the security matrix (ex. MH cases we decided to be more restrictive than required)

Recent Updates

• Added Original documents for SAO, PD, Judiciary– Dramatically reduced the number of VOR

(Viewable on Request) requests that were being submitted

– Org savings in hour for processing VORs• Updated to allow LEAs to view Baker Act case

dockets– Otherwise restricted from view (internal OCCC decision)

• Added the Subscriber role – Chose to leave out of original implementation

Reference Tool

• Internal tool to verify access• Helps validate potential bugs

Questions?