Access to Court RecordsMichael Henderson, Legal CounselOctober 28, 2010

Tips on Public Records Read Rule 32 Pay attention to time limits! If the request cannot be granted easily, get it in

writing. If you have questions, seek guidance from a

supervisor or refer it to the custodian judge. Do not ask the reason for seeking records, except in

limited circumstances. Stay cool, collected, and courteous.

What Records Are Available? See subsection (d) of Rule 32.

Exceptions are listed under subsections (g) and (i).

The Request May be made by “any person” Must clearly identify the record Do not ask why the person wants the record You may verify the identity of a person

seeking otherwise exempt records about him/herself

You may ask that the request be put in writing

Who Decides Whether to Grant the Request? Custodian of the records

For case files, the clerk or a deputy clerk designated in writing by the clerk

For records not in case files, the TCA or a judge designated by the ADJ

Custodian Judge For case files, the presiding judge or a judge designated

by the ADJ For records not in case files, the ADJ or ADJ designee

The Response to the Request Within 3 working days you must:

Disclose the record Refer the request to the custodian judge Give written notice of denial; or Notify the person it will take longer

No duty to compile or summarize information or create new records

Costs for copying

I.C. § 9-338(8) Agency may establish a copy fee schedule May not exceed the actual cost to the agency Shall not include any administrative or labor costs May establish a fee to recover labor costs if… The agency may charge a fee for providing a

duplicate of a computer tape, computer disc, microfilm or similar record

May not charge for copies or labor when the requester shows…

How Does A Person Challenge A Denial?

If denied by the custodian, may file a request for a ruling by the custodian judge

If denied by the custodian judge, may petition the district court within 180 days after the denial

Records Exempt from Disclosure

See subsection (g)

List begins on page 8 of outline

Persons Who May Be Able to View Records, Even If Exempt If approved by the custodian judge, state and local

official--in the exercise of their official duties Parties to an action and their attorneys, unless

restricted by order of the court (see exceptions) Disclosure by custodian of statistical information Employees exercising right to access their own

personnel files Court personnel working under the supervision of

the courts and within the scope of their duties

Sealing, Redacting and Closing of Records by the Court Sealed files shall be marked “sealed” on the outside

of the file. Redacting – Place originals in a manila envelope

marked “sealed” with a general description of the records. Substitute a redacted copy, so marked, in the file.

The electronic record shall reflect that a file has been ordered sealed.

The order directing that a file be sealed or redacted shall be subject to examination (so long as it does not reveal the information it is intended to protect).

Questions?

Contact Information:

Michael HendersonLegal Counsel

Idaho Supreme Court(208) 334-2246

mhenderson@idcourts.net