Category: CJA04-0202.04

CJA04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. (Amend). Clarifies that requesters denied access to non-public court records associated with a case that they are not authorized to access under rule 4-202.03 must file a motion or petition to access the record.

CJA04-0202.08. Fees for records, information, and services. (Amend). Consistent with H.B. 96 and 63G-2-203(5)(c), the proposed amendments in lines 55-62 would allow the court to charge requesters for the first 15 minutes of personnel time if the person has submitted a separate request within the 10-day period immediately prior to the date of the new request, provided the person is not a Utah media representative.

In line 112, “impecunious” is changed to “indigent” to make it more consistent with Utah Code and other court rules.

In lines 116-118, indigent requesters are allowed one free copy of each record, after which they would be required to pay the standard rates. Exceptions can be made by the State Court Administrator.

CJA01-0204. Executive committees. (Amend). The proposed amendments create court-level core teams and subcommittees of Policy, Planning, and Technology to assist the Committee in accomplishing its new technology responsibilities.

CJA01-0201. Judicial Council Membership – Election. (Amend).

CJA01-0302. Board of Judges Membership – Officers – Secretariat. (Amend).

The proposed amendments clarify that Council members may serve as non-voting members of a trial court board and continue to allow an exception for the appellate courts.

Rule 1-201 has also been amended to reflect the Judicial Council’s membership exception for the Standing Committee on Judicial Fairness and Accountability set forth in rule 1-205(1)(C).

CJA 04-0202.02. Records classification. Amend. Classifies appellate filings, including briefs, as public. Classifies records maintained and prepared by juvenile probation, except for those filed with the court, as protected.
CJA 04-0202.03. Records access. Amend. Provides that a person given access to a record in order for juvenile probation to fulfill a probation responsibility may access a safeguarded record.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Provides that a party with an interest in a case may move or petition a court with jurisdiction or a court that no longer has jurisdiction to reclassify a record or to have information redacted from the record. Adds all possible classifications. Provides that the relevant rules of procedure apply to such motions or petitions. Gives the appellate clerk responsibility for protecting sealed briefs and removing information ordered to be redacted. Provides that a court order is only binding on the court, the parties to the petition, and the state law library, unless otherwise ordered.
CJA 04-0202.09. Miscellaneous. Amend. Provides that a party may move, or a non-party interested in a record may petition, to classify a record as private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social, or to redact non-public information from a public record.
CJA 04-0205. Security of court records. Amend. Provides that an appellate clerk is responsible for expunging records upon an order of expungment, but that a brief will be public unless it is otherwise classified through an order on a motion or petition.
CJA 04-0901. Mandatory electronic filing in juvenile court. New. Requires that pleadings and other papers filed in existing juvenile court cases on or after December 1, 2015 shall be filed electronically in C.A.R.E. Requires that pleadings and other papers filed to initiate juvenile court cases on or after August 1, 2016 shall be filed electronically in C.A.R.E.

Final Report of the Committee on Privacy and Public Court Records.
CJA 04-202. Purpose. New. Outlines the purposes served by open and closed court records.
CJA 04-202.01. Definitions. Repeal & Reenact. Defines terms used in court rules regulating access to records.
CJA 04-202.02. Records classification. Repeal & Reenact. Classifies court records as public or non-public.
CJA 04-202.03. Records access. Repeal & Reenact. Identifies who has access to non-public court records.
CJA 04-202.04. Request to access a record associated with a case; request to classify a record associated with a case. Repeal & Reenact. Establishes procedures for requesting access to a record associated with a case or for requesting confidential treatment of a case record.
CJA 04-202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Repeal & Reenact. Establishes procedures for requesting access to a record not associated with a case or for requesting confidential treatment of an administrative record. Establishes procedures for requesting non-public records for research and procedures for using a data element as an index to the court’s database.
CJA 04-202.06. Response to request to access or classify a court record. Repeal & Reenact. Establishes minimum requirements for responding to a records request.
CJA 04-202.07. Appeals. New. Establishes procedures for reviewing an adverse decision.
CJA 04-202.09. Miscellaneous. Amend. Permits a filer to redact sensitive information from pleadings. Requires vendors to comply with court policies regarding access to records.
CJA 04-202.10. Record sharing. New. Established procedures for sharing non-public records with other governmental entities.
CJA 04-202.12. Access to electronic data elements. Repeal. Eliminates distinctions between electronic data elements and public or non-public data generally.
CJA 04-205. Security of court records. Amend. Technical changes.