1. COR 8 – Records Retention and Accessibility to Files and Documents Kelly Cramer, OSCA Associate Legal Counsel

2. COR 8 – Records Retention
Sets out how a court should retain their court records and length of retention
Sets out transfer and destruction process for documents that reach the retention period

3. COR 8 – Things to Know
Tied to COR 4.08 – use of docket sheet or backer sheet
COR 4 – method of record retention, can include electronic
What is a disposed case? 8.02(D)(6)
Who is the custodian of records? 8.02(B)

4. COR 8 – Things to know What can be purged?
Municipal records not eligible for transfer to archives (COR 8.03)
Specific retention section for municipal records (COR )
Other records not specified

5. Index Records Municipal records Financial records
Key Records
Index Records
Municipal records
Financial records

6. COR 8.04.6 Judgment Index Dismissed cases Most likely backer sheet
Permanent retention
Dismissed cases
3 years retention for charging document, amendments, docket sheet/backer sheet and disposition
6 months retention for remainder of case file

7. COR 8.04.6 Acquittal/Conviction/Judgment/SIS Stealing/DWI/BAC
Permanent retention for judgment record and index
Stealing/DWI/BAC
50 years retention for charging document, amendments, docket sheet/backer sheet, waiver of counsel
12 years retention for remainder of case file

8. COR 8.04.6 Other Serious Ordinance Offenses
12 years retention for case file (other than judgment record)
All other ordinance offenses
3 years retention for case file (other than judgment record)
Order for Destruction of Evidence
3 years retention after request date
Search Warrant
3 years retention after filing date

9. 8.04.7 – Other Records Court calendars Financial Records Jury Records
destroy
Financial Records
5 years retention or until completion of audit, if sooner
Jury Records
Questionnaires: 1 year retention after end of jury term or judgment
Reports: 2 years retention
Master list: 5 years retention after compilation
Springfield Municipal only

10. 8.04.8 – Administrative Records
Personnel records maintained by court
Applications: 3 years from vacancy posting
Personnel files(court administrator, court clerk): 3 years from termination
Administrative Orders & court directives
Until suspended, rescinded or no further value
Statistical Reports (summary reports, management reports, etc.)
Destroy when no further value
Records not otherwise specified and general correspondence

11. Accessibility of Files and Documents
COR 2 – Public Access Rule
Open Records Act (Sunshine Law), Section RSMo

12. Confidentiality
The Courts are presumed open, confidentiality is an exception.
Confidentiality based on statute, rule or order of the court
Review COR 2, 4, and 8 for types of confidential records and how to maintain them, who has access to them.

13. Confidential Information
Information that is gained by your employment with the courts
Don’t release information before it is available to the public
Examples
A: Your best friend’s teenager received an MIP violation, do you say something to your best friend?
B: A search warrant is filed for your nephew’s home, do you notify your nephew?
Some courts have employees sign oath of confidentiality

14. Confidential Records COR 4.24 defines confidential records as follows:
Confidential records shall be maintained so as to be inaccessible to the general public. Such records may be sealed. The following, including court docket sheets and indexes for these matters, are confidential:

15. Confidential Records – 4.24 Cont’d
a) Case records that are closed to the public by chapter 610 RSMo;
n) Juror questionnaires. Questionnaires for individuals comprising criminal jury panels shall be sealed at the conclusion of the trial under Supreme Court Rule 27.09;
p) Search warrant applications until the warrant is returned or expires;
r) Any other record sealed or closed by statute, Supreme Court Rule or order of a court of record for good cause shown.

16. Social Security Number
2.05 ACCESS TO SOCIAL SECURITY NUMBERS (a) Official court files. Case records containing social security numbers and personal information may be disseminated pursuant to COR 2.02 if such records are otherwise open to the public pursuant to statute. Unless required by statute, court personnel are not required to expunge or redact social security numbers or personal information that appears in case records. (b) Case management databases. Social security numbers and personal information may be collected and used by the courts for internal purposes such as party identification, compilation of jury lists, collection of fees, fines or restitution. Dissemination of social security numbers and personal information appearing in court databases shall be restricted to court personnel and to those state or federal agencies to which the court has a statutory or constitutional duty to disclose, including, but not limited to, child support enforcement, social security administration, and department of revenue.

17. Social Security Number/Personal Information
(c) Public inquiries. Any public inquiries specifically requesting personal information shall be answered only by providing access to the case files. The clerks shall not provide such information verbally or by facsimile, or . Personal information includes, but is not limited to: (1) Social security numbers; (2) Motor vehicle operator license numbers; (3) Victim information including name, address, and other contact information; (4) Informant information including name, address, and other contact information; (5) Witness information including name, address, and other contact information; (6) State identification numbers; and (7) Financial institution account numbers, credit card numbers, personal identification numbers, or passwords used to secure accounts.

18. Social Security Number
Pursuant to local court rule or order, the clerk may:
1) Redact personal information from the public copy of the court record, or (2) Raise the security level of the document in the case management system if the document cannot be adequately redacted to protect personal information.

19. Confidential Address Secretary of State’s Safe at Home Program
Court should use Safe at Home address as the parties address for all mailings and service of documents

20. Victims of Sex Offenses Section 566.226 RSMo
Court must redact identifying information in court records for a victim of:
Sexual assault
Domestic assault
Stalking
Forcible rape
Identifying information shall include:
Name
Home or temporary address
Telephone number
Social security number
Physical characteristics

21. Victims of Sex Offenses Section 566.226 RSMo
If the court determines that a person or entity who is requesting identifying information of a victim has a legitimate interest in obtaining such information, the court may allow access to the information, but only if the court determines that disclosure to the person or entity would not compromise the welfare or safety of such victim.
Issues
Transcripts
Redaction
COR 5 Sound Recordings
Marking the files

22. Victims of Sex Offenses Section 566.226 RSMo
Charge Codes
Domestic Assault
ORDIN.0-010Y
Stalking
ORDIN.0-276Y _

23. Criminal Cases Section 610.105
Applies to Cases:
Nolle Prosse
Dismissed
Acquittal
Suspended Imposition of Sentence (SIS)
The final disposition, courts judgement or order may be accessed.
It also applies to:
Not guilty due to mental disease or defect
The final disposition may be accessed only by law enforcement agencies, child-care agencies, and in-home service provider agencies.

24. Criminal Cases Section 610.105
Section RSMo Allows Access to:
Criminal justice agencies for the administration of criminal justice pursuant to Section , RSMo, criminal justice employment, screening persons with access to criminal justice facilities, procedures, and sensitive information;
To law enforcement agencies for issuance or renewal of a license, permit certification, or registration of authority from such agency including but not limited to watchmen, security personnel, private investigators, and persons seeking permits to purchase or possess a firearm; those agencies authorized by Section , RSMo, to submit and when submitting fingerprints to the central repository;
To law enforcement agencies for issuance or renewal of a license, permit, certification, or Federal agencies for purposes of criminal justice administration, criminal justice employment, child, elderly, or disabled care, and for such investigation purposes as authorized by law or presidential executive order.

25. Public Access
COR 2
Refer requestor to public terminal where they can access public information
A party to the case has access to their case records
Background Checks
Should use MSHP
and Rap Back Program as
they are custodian of record

26. Media Requests Addressed under the:
Open Records Act (Sunshine Law) for administrative records or records produced as part of the court’s administrative function; or
COR 2 Public Access to Court Records

27. Open Records Act “Public governmental bodies” Examples
applies to courts only when operating in an administrative capacity, otherwise access is determined by COR 2
Examples
Questions about building and budgets (COR 20)
Meeting minutes and deliberations

28. Reminders
The courts are presumed open, confidentiality is an exception.
If you don’t know, don’t be afraid to ask!