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Nov. 16, 2007
Supreme Court Releases Proposed Rule Amendments Addressing Access to Court Records

The Supreme Court of Ohio is accepting public comment on several proposed amendments to the Rules of Superintendence for the Courts of Ohio addressing access to court records. The Court will accept public comments on proposed rules 44 through 47 until Dec. 19, 2007.

This proposal represents the first time the rules have addressed public access to court records. The language for the new proposed rules is based in part on the report and recommendations of the Privacy and Public Access Subcommittee of the Supreme Court's Advisory Committee on Technology and the Courts, a subcommittee that included members of the public and the media.

Proposed rules 44 through 47 apply specifically to court records, although in many respects they are similar to the Ohio Public Records Act. The rules propose that court records are presumed open unless otherwise exempt as particularly specified. The proposed rules include:

• Definitions of court record, case information, case record, administrative record and other terms.
• Modifications to the current process of sealing court records. The proposed rules put into place a process by which a court can consider whether to allow limited public access to a case record or case information upon request by a party to a case after determining whether the presumption of public access is outweighed by a higher interest.
• The proposed rules also create a process by which any person may request access to a case record or case information that has been granted limited public access. Currently when an entire record is sealed, no part of the record is accessible to the public, nor can it be petitioned to be accessible.
• A provision calling for partial redaction or omission of personal identifiers or personal information that might contribute to identity theft from case information before a document or other item is filed with a court or a clerk of court. The rule also proposes that a clerk of court may provide a form for the recording of information to which there is no public access. The court and parties would continue to have full access to this information.

The amendments proposing the new rules were submitted after nearly two years of research by the Commission on the Rules of Superintendence, which makes recommendations to the Supreme Court regarding the rules that govern all Ohio courts. Upon the adoption by the Supreme Court, the rules become effective, and do not need to be submitted to the Ohio General Assembly for review. The Commission consists of 20 members, including representatives of the various judges associations, attorneys, magistrates, clerks of court, and court administrators. The commission is chaired by Supreme Court Justice Judith Ann Lanzinger.

For complete language of the proposed rule amendments, please visit: http://rules.supremecourtofohio.gov/rules. Comments on the proposed amendments should be submitted in writing to: Jo Ellen Cline, Legislative Counsel, Supreme Court of Ohio, 65 South Front Street, 7^th Floor, Columbus, Ohio 43215, or clinej@sconet.state.oh.us.

Contact: Chris Davey or Andrea Strle, 614.387.9250