Reviews of the foregoing denial and all other denials shall be conducted in accordance with the provisions of paragraph f 5 below. A Any applicant who is denied access to or copies of any record, bulk data, or compiled data pursuant to this rule, shall be entitled to an administrative review of that decision by the presiding judge. The request for review must be filed in writing with the custodian who denied the request within 10 business days of a denial made under paragraph f 4 above. The custodian shall forward the request for review, a statement of the reason for denial, and all relevant documentation to the presiding judge or a designee within 5 business days of receipt of the request for review.
The presiding judge or designee shall issue a decision as soon as practicable considering the nature of the request and the needs of the applicant, but not more than 10 business days from the date the written request for review was received. B Any party aggrieved by the decision of the presiding judge or designee may seek review by filing a special action pursuant to the Rules of Procedure for Special Actions.
If the decision challenged by the special action was issued by a judge of the superior court or court of appeals, the special action shall be filed in the court of appeals. If the decision was issued by a supreme court justice, the special action shall be filed in the supreme court.
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A Parties, Attorneys, and Arbitrators. Parties, attorneys, and arbitrators may be provided remote electronic access, upon registering, to case records that are not sealed in all case types in which the person is an attorney of record, arbitrator, or named party, including an individual, partnership, corporation, association, or public or private organization.
An attorney of record on the staff of a public or private law firm may extend access to any other attorney or person working for or on behalf of that public or private law firm, upon the other attorney's or person's registration. If the court provides access privileges to attorneys, the privileges also must be provided to self-represented litigants, although the privileges may be limited to records in the self-represented litigant's own case.
B Members of the State Bar of Arizona. In addition to access provided by paragraph g 1 A , attorneys who are active members of the State Bar of Arizona may be provided remote electronic access to all case records that are not sealed or confidential by law, as authorized by the Arizona Code of Judicial Administration ACJA. Any federal, state, tribal or local governmental entity or private organization serving a public purpose may be provided remote electronic access to any case records necessary to carry out a particular governmental or public purpose responsibility.
The terms of such access shall be set forth in a memorandum of understanding between the entity or organization and the custodian that includes provisions for safeguarding the confidentiality of any closed records. The director of the Administrative Office of the Courts may enter into a memorandum of understanding with a governmental entity as authorized by the ACJA. D General Public, Registered Users. Title 13, chapters 14, 32, 35 or The prosecuting agency, upon filing a charging document described in this paragraph, shall advise the clerk that the case is subject to this provision.
Upon motion by a party, by any person, or upon the court's own motion, and for good cause shown, the court in which such action is pending may issue an order to allow remote electronic access to members of the public, as provided in paragraph g 1 D , to any case in which a defendant is charged with an offense listed in A.
The order may include any appropriate provision required to protect the juvenile or other victim from embarrassment or oppression. The burden of showing good cause for an order shall remain with the person seeking remote electronic access to the case record. Irrespective of an order limiting electronic access under this paragraph, the clerk shall provide non-registered users remote electronic access as set forth in paragraph E ii herein when the court generally provides such non-registered user access in other cases. Unless otherwise provided by rule or law, members of the public may be provided remote electronic access, without registering, to:.
Case information includes a list of documents filed, events, dates, calendars, party names, month and year of birth, residential city, state and zip code, case number, judicial assignment, attorneys, charges filed or claims made, interim rulings, and case outcomes, including sentence, fines, payment history, minute entries, and notices. Case information does not include any information regarding the registration, filing of a petition for, or issuance of an order of protection or an injunction against harassment, if such publication would be likely to reveal to the general public the identity or location of the party protected under such order.
For purposes of this subsection, case information includes a list of documents filed, events, dates, calendars, party names, month and year of birth, residential city, state and zip code, case number, judicial assignment, attorneys, payment history, minute entries, and notices. The registration process and fees for remote electronic access to case records shall be established by the Supreme Court upon the recommendation of the Arizona Judicial Council, and shall be an amount as reasonable as possible to develop, implement, maintain, and enhance the remote electronic access to case records system.
All information provided by a potential user for registration purposes shall be closed. Remote access provided pursuant to paragraph g 1 C shall not require registration or payment of any fees. Any remote electronic access shall be conditioned upon the user's agreement to access the information only as instructed by the court, not to attempt any unauthorized access, and to consent to monitoring by the court of all use of the system.
The court will also notify users that it will not be liable for inaccurate or untimely information, or for misinterpretation or misuse of the data. Such agreement and notices shall be provided to the users in any manner the court deems appropriate. The court may deny access to users for failure to comply with such requirements. The court or clerk of court that establishes remote electronic access to case records may also establish limitations on remote electronic access based on the needs of the court, limitations on technology and equipment, staff resources and funding.
Code Jud. This section applies to all requests to access or obtain copies of any audiotape, videotape, microfilm, computer or electronic based records maintained by the court, except for requests initiated by judges, court administrators, or clerks of the court for use in the administration or internal business of the court. A Except by court order, only the custodian or designee is authorized by this rule to provide access to or copies of computer or electronic based records.
B All the requirements set forth in paragraph f , except subparagraph 3 thereof, are incorporated herein by reference and shall apply to requests for records submitted pursuant to this section.
A The custodian shall first meet with the applicant to understand the scope of the request so it can be defined as precisely as possible. The cost to obtain copies of information held electronically, which requires no programming or translation, shall be limited to the cost of materials.
If a request requires programming or translation, the applicant shall bear the actual cost incurred by the court to comply with the request for copies of records. If no fee is prescribed by law, the custodian shall collect a fee covering the cost of producing the requested records, including staff time, computer time, programming costs, equipment, materials and supplies.
B Unless otherwise prescribed by law relating to the collection and deposit of fees by the custodian, the custodian may retain the fees collected pursuant to paragraph h 3 A to compensate for the expenses related to reproduction of electronic records. A Databases and electronic records containing case and administrative records are open to the public.
However, databases and electronic records containing confidential information that may not be entirely redacted, may be closed in accordance with the provisions of paragraph f 4. B Documentation and other records that describe the technical location, design, function, operation, or access control features of any court computer network, automated data processing or telecommunications systems, are closed to the public. C Consistent with the court's obligation to provide public access to its records, and subject to resource limitations, the design and operation of all future automated record management systems shall incorporate processing features and procedures that maximize the availability of court records maintained in electronic medium.
Automated systems development policy shall require the identification and segregation of confidential data elements from data base sections that are accessible to the public. Whenever feasible, any major enhancement or upgrade to existing systems shall include modifications that segregate confidential information from publicly accessed data bases. A Data entry inaccuracies in court calendars, case indexes, or case dockets in a court's case management system may be corrected at any time by the custodian of the record on the custodian's own initiative or on request of an individual as provided in paragraph h 5.
Clerical errors in judgments, orders, or other parts of the record may be corrected as provided by the applicable rules of procedure. B An individual seeking to correct a data error or omission in an electronic case record shall be entitled to apply for relief with the court in which the original record was filed. The individual shall submit the request to correct the error to the clerk of the court, if any, or to the justice of the peace or municipal court judge.
If the custodian to whom the request was submitted determines that the data entry is inaccurate, the custodian shall correct the error as soon as practicable. C If the request is denied by the clerk of an appellate court, the individual may apply for administrative review of the denial by the designated appellate judge or justice. If the request is denied by the clerk of a superior court or by a justice of the peace or municipal court judge, the individual may apply for administrative review of the denial by the presiding superior court judge. The request for administrative review must be filed in writing with the custodian who denied the request within 10 business days of issuance of a denial.
The custodian shall forward the request for review, a statement of the reason for denial and all relevant documentation to the presiding or designated judge or justice within 5 business days of the request for review.
Public Access to Court Electronic Records
The presiding or designated judge or justice shall issue a decision as soon as practicable considering the nature of the request and the needs of the applicant, but not later than 10 business days from the date the written request for review was received by the custodian. If the decision of the presiding or designated judge or justice is that the data entry is inaccurate, the custodian shall correct the error as soon as practicable. D Any party aggrieved by the decision of the judge or justice may seek review by filing a special action pursuant to the Rules of Procedure for Special Actions.
During regular business hours a person shall be allowed to inspect or obtain copies of original versions of records that are open to the public in the office where such records are normally kept. If access to original records would result in disclosure of information which is not permitted, redacted copies of the closed records may be produced. If access to the original records would jeopardize the integrity of the records, or is otherwise impracticable, a copy of the complete records in other appropriate formats may be produced for inspection.
Unless expressly authorized by the custodian or court order, records shall not be removed from the office where they are normally kept.
Documents and physical objects admitted into evidence shall be available for public inspection under such condition as the responsible custodian may deem appropriate to protect the security of the evidence. A A custodian may release bulk data to an individual, a private company, or a public organization under this policy. Before releasing bulk data, a custodian shall require the recipient to execute a dissemination contract and disclaimer containing provisions specified by the supreme court.
B A custodian may contract with a private company or public organization to provide specialized reports to those requesting them. The custodian may deny a request for bulk data in compliance with paragraphs c , f 4 , and h 4 A. The custodian of bulk data may release data that contains the following personal identifying information about a petitioner, plaintiff, respondent, or defendant other than a petitioner seeking an order of protection:.
A name,. B address,. C date of birth, and. D last four digits of the social security or driver license number. Added Oct. Amended Sept. Paragraph c 2. This provision mandates the producer and custodian of records to identifiably segregate from the public case records, all administrative documents containing confidential information to avoid inadvertent disclosures.
After confidential documents have been removed or information has been redacted from a record, a description of the excised data shall be placed therein, unless the description itself constitutes a violation of confidentiality. Paragraph d 1 A. Following passage of the Stop Juvenile Crime Initiative Proposition in November , the legislature made substantial revisions to juvenile delinquency proceedings that included opening juvenile court records to the public. Paragraph d 2 A. The intent of this subsection is to eliminate uncertainty among users regarding who has the primary responsibility to identify and segregate the criminal history record information CHRI under section 9 of Arizona Supreme Court Administrative Order No.
The probation department or other units that initially obtain or produce the CHRI have the primary responsibility to identify and segregate the CHRI from the open portions of the records. The clerk's office has continuing responsibility to maintain the confidentiality of the CHRI that has been marked confidential by the primary user. Paragraph e 2. This section does not apply to the records of applicants for judicial appointments or membership on appellate and trial court commissions.
Disclosure of information relating to applicants for judicial and commission appointments are subject to the Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments. Paragraph e 6. This section does not require that draft reports or pre-decisional documents on court operations be maintained or preserved as a public record except as required by applicable records retention policies. Paragraph e 7.
This section is intended to assure the confidentiality of the record of materials borrowed by any patron; however, the patron's name and address are public records. Paragraph e This section acknowledges the court's authority under federal copyright law, to control the copying or re-publication of public records that may be copyrighted by the court. Materials that may be copyrighted include all original writings except judicial opinions , drawings, audio and video recordings, computer programs and applications, or other original publications, produced by a court employee within the scope of employment.
Paragraph f 4 A. Public access to the records of court proceedings is an essential element of a democratic system.