Rule 5 - Remote Access To Electronic Court records (a)Remote Accessibility to Information in Electronic Form Through the Public Internet Portal.
Can the public see court records remotely?
Remote Access by the Public If it can, a court that keeps electronic records must allow the public to see them at the courthouse or through remote access. But there are several exceptions to remote access in sensitive cases such as divorce, child custody, civil harassment, and criminal.
How to look at court records over the Internet?
If your court offers it, look at electronic records over the internet. This is called “remote access.” HOW to look at an electronic court record. If your court does not keep electronic records, you will need to go to the courthouse in person to look at paper records.
How to get access to electronic court records in California?
Access to Electronic Court Records 1 Go to the courthouse and ask to look at paper records. 2 Go to the courthouse and look at electronic court records. 3 If your court offers it, look at electronic records over the internet. This is called “remote access.”
What is an electronic record called?
A record kept in electronic format is known as an electronic record. An electronic record can only be viewed on an electronic device such as a computer, tablet, or cell phone. Who can look at electronic court records?
What is remote access to information in electronic form?
(a)Remote Accessibility to Information in Electronic Form Through the Public Internet Portal. The following information in a publicly available court record shall be made remotely accessible to the public unless access is otherwise restricted or exempted under these rules or by terms and conditions for use of the public portal website to be set by the Chief Justice of the Trial Court after notification to the Supreme Judicial Court:
Who has access to the Attorney Portal?
Access to the Attorney Portal should be available to both attorneys licensed in Massachusetts and attorneys licensed in other jurisdictions who enter an appearance pro hac vice and have complied with S.J.C. Rule 3:15.
What is the CORI statute?
The Criminal Offender Record Information (CORI) statute, G.L. c. 6, §§ 167-178B (CORI) governs the dissemination of criminal offender record information. The legislative history to the 2010 amendments to the CORI statute provides that the intent was to strike "a great balance . . . between providing information that the public has a right to know and protecting people's privacy." State House News Service, Nov. 18, 2009 (statement of Sen. Creem on Senate Doc. No. 2210). If the Trial Court were to provide the public with the ability to remotely search criminal cases by a defendant's last name, which could essentially reveal a defendant's entire criminal history, it could thwart the careful balance between access and privacy struck by the Legislature in enacting the CORI statute.
What is Rule 5A?
Rule 5 (a), Remote Accessibility of Information in Electronic Form Through the Public Internet Portal. All publicly available docket information in civil and criminal proceedings, except those exempted pursuant to Rule 5 (a) (1) (iii) and Rule 5 (a) (2) (iii), shall be made available electronically to the extent that the public shall be able to search and view the information designated in this rule. At this time, this rule does not encompass remote access to audio, audiovisual, or electronic images, including portable document format ("PDF") by the general public. The Chief Justice of the Trial Court has authority to expand remote access to include audio, audiovisual, or electronic images when technology and policy allow.
What is the kiosk in the courthouse?
Each court should provide in the Clerk's office a kiosk for the public to use to view court records of criminal cases that are not otherwise prohibited from public disclosure. Searches of court records on the court kiosk will not be limited to case number.
Can you view impounded cases through the Attorney Portal?
However, impounded cases will not be available through the Attorney Portal. Each appropriate Department ofthe Trial Court may request permission from the Chief Justice of the Trial Court to exempt certain criminal or civil case types or categories of information from remote access.
Can the public view the progress of individual proceedings?
The committee concluded that allowing the public to view the progress and resolution of individual proceedings by case number allows for "the contemporaneous review [of judicial proceedings] in the forum of public opinion ," Commonwealth v. Cohen, 456 Mass. 94, 106 (2010), quoting In re Oliver, 333 U.S. 257, 270 (1948), without allowing for criminal offender record information to be easily assembled from the Internet Portal. Public access to criminal records and proceedings in the courthouse shall not be affected or limited by this rule.
What is it called when a court offers you access to electronic records?
If your court offers it, look at electronic records over the internet. This is called “remote access.”
How to access court records?
Access to Electronic Court Records 1 Go to the courthouse and ask to look at paper records. 2 Go to the courthouse and look at electronic court records. 3 If your court offers it, look at electronic records over the internet. This is called “remote access.”
What is an electronic court record?
When someone files a case in court, the court will keep an official record about the case. Information about you may be contained in a court record. For example, if you file a lawsuit claiming another person owes you money, your name and how much money you are asking for will become part of the court record.
What is court appointed?
Court-appointed People — Sometimes the court will appoint people to participate in a case who are not a party’s attorney. For example, a child’s interests can be impacted by a case where the child is not a party. If so, the court may appoint someone to look out for the child’s interests. As another example, the court may appoint an investigator to find information. In situations where the court has appointed a person to participate in a case, that person is allowed to use remote access to view electronic records to fulfill the responsibilities the court assigned.
What are some examples of confidential cases?
Examples of confidential cases include “juvenile dependency” (when a child is removed from their parents) and “juvenile delinquency” (when a child is accused of committing a crime). Court records for these cases are not available to the public.
What information is in a court record?
Information about you may be contained in a court record. For example, if you file a lawsuit claiming another person owes you money, your name and how much money you are asking for will become part of the court record. A court may keep a record in paper or electronic format.
Can a courthouse see electronic records?
If it can, a court that keeps electronic records must allow the public to see them at the courthouse or through remote access. But there are several exceptions to remote access in sensitive cases such as divorce, child custody, civil harassment, and criminal. These exceptions strike a balance between the public’s right to know about the court’s business and individual privacy.
What does CATC say about unrestricted access to case files?
The CATC’s discussion of California’s proposed rules raises the spectre of “unrestricted Internet access to case files” and posits that such access “could increase the risk of personal harm to litigants and others whose private information appears in case files.” In this regard it is similar to many other proposals. However, these discussions tend to disregard the harm that more efficient dissemination of court records may prevent.
Why should we have electronic court records?
It will also remove existing barriers to public access the limit the effectiveness of public access and thereby impair the interest that public access promotes. In general, then, the courts should resist the temptation to engage in broad categorical restrictions on electronic access to court records, and instead should rely on the existing process of careful, case-by-case consideration of the propriety of sealing court records. In addition, given the importance of the interests at stake, precision in the language of the proposed rules is critical, and the courts should ensure that ambiguities that might result in unwarranted—and probably unintended—restrictions on access are eliminated.
What is CATC in court?
The California Court Technology Advisory Committee (CATC) discussion of the rules being proposed in California summarizes the central concern expressed by most of the bodies considering such rules:
Can electronic court records be accessed?
Some proposals indicate that electronic access to court records will be provided only on a “case-by-case” basis. Califronia’s Proposed Rule 2073(b) provides that trial courts are require to provide access to electronic court records—locally or remotely—“only when the record is identified by the number of the case, the caption of the case, or the name of the party, and only on a case-by-case basis.” This restriction is unwarranted, and would severely restrict the right of public access, including ordinary and routine newsgathering by the media.
Does California have a right to access court records?
The California courts have also recognized a constitutional right of access to records of judicial proceedings . The California Supreme Court has expressly held that “in light of the high court case law and its progeny . . . the First Amendment provides a right of access to ordinary civil trials and proceedings, that constitutional standards governing closure of trial proceedings apply in the civil setting, and that [Code of Civil Procedure] section 124 must, accordingly, be interpreted in a manner compatible with those standards.” NBC Subsidiary, 20 Cal. 4th at 1212. Similarly, the California Courts of Appeal have recognized that “[a]lthough there is no specific statutory requirement for access to court documents, both the federal . . . and the state . . . Constitutions provide broad access rights to judicial records in criminal and civil cases.” Copley Press, Inc. v. Superior Court, 63 Cal. App. 4th 367, 373 (1998); Copley Press, Inc. v. Superior Court, 6 Cal. App. 4th 106, 111 (1992). Court records subject to the constitutional right of access may not be sealed unless a court expressly finds that “(i) there exists an overriding interest supporting closure and/or sealing; (ii) there is a substantial probability that the interest will be prejudiced absent closure and/or sealing; (iii) the proposed closure and/or sealing is narrowly tailored to serve the overriding interest; and (iv) there is no less restrictive means of achieving the overriding interest.” NBC Subsidiary, 20 Cal. 4th at 1217-18. See also California Rules of Court 243.1 et seq.
Do electronic court records need to be reviewed?
Proposed rules regarding access to electronic court records should always be reviewed to ensure that they require that the right of public access be maintained even if the process of providing access to public records is subcontracted to an outside vendor.
