1. Access to Court Records Michael Henderson, Legal Counsel October 28, 2010

2. 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.

3. What Records Are Available?  See subsection (d) of Rule 32.  Exceptions are listed under subsections (g) and (i).

4. 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

5. 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

6. 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

7. 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…

8. 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

9. Records Exempt from Disclosure  See subsection (g)  List begins on page 8 of outline

10. 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

11. 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).

12. Questions? Contact Information: Michael Henderson Legal Counsel Idaho Supreme Court (208) 334-2246 mhenderson@idcourts.net