1. Confidentiality of CRIMINAL COURT records
New CLERK TRAINING
Confidentiality of CRIMINAL COURT records
Speakers:
Gypsy Bailey, Staff Counsel, Leon County Clerk’s Office
Katie Glynn, Staff Counsel, Marion County Clerk’s Office

2. The big picture OF THE ELECTRONIC WORLD
Goals
Create a fully electronic court system to increase efficiency and lower costs for all involved – example is the Manatee model
Provide the public with electronic access to non-confidential court records – FSC approved project in Manatee regarding online records
Necessary Steps
Transition from permissive efiling to mandatory efiling for attorneys
Transition from attorney-only use of eportal to public use of e-portal
Transition from postal service to electronic service of court records
Reduce the amount of extraneous personal information in court records
Transition from limited access of court records on the Internet to broad access for the public
And for Clerks, insure that confidentiality requirements are met along the way!

3. Definitions Confidential Court Records Public Records Redaction
Sensitive Documents

4. clerk confidentiality
Rule 2.420, Florida Rules of Judicial Administration - Public Access to Judicial Branch Records
Rule 2.425, Florida Rules of Judicial Administration - Minimization of the Filing of Sensitive Information
Rule 2.525, Florida Rules of Judicial Administration - Electronic Filing (see also Rules 2.515, signatures of attorneys and parties); 2.516, service; and 2.520, documents)
Florida Statutes
FS – clerk may not place image or copy of public or official website on public website if it is one of the following types: Military discharge; death certificate; court files, records, or papers relating to matters or cases governed by the Rules of Family Law, Rules of Juvenile Procedure, or Probate Rules.
Chapter 119 – Public Records
FS – electronic commerce, esignatures

5. Clerk confidentiality (CON’T)
Florida Supreme Court orders
AOSC03-49 ("effective immediately and until further order of this Court, no court record as defined by Rule of Judicial Administration 2.051(b)(1)(a) shall be released in any electronic form by a Florida Clerk of Court except as provided herein.“)
AOSC04-04 (withdrew AOSC03-49, provided exceptions to the “no release” restriction
AOSC06-21 (allowed docket information to be released electronically, including final orders and judgments, as long as no confidential information was released)
AOSC07-49 (clarified that “traffic court records” meant civil traffic; permitted electronic release of full DOB of defendant’s in criminal cases); and permitted clerks to provide attorneys with remote electronic access to records in which the entire court file is not confidential)
AOSC09-30 (provided statewide standards for electronic access to the courts)
AOSC10-17 (provided standards for electronic recordkeeping systems)
For others, see

6. Clerk confidentiality (CON’T)
Local Administrative Orders and court orders
Federal laws – Driver License Protection Act (FS (2))
Clerk Access to Agency Databases
DHSMV – requires MOU, employees briefed on confidentiality requirements, criminal and civil penalties, procedures Clerks must comply with
How interpretation of the laws may in different Clerk practices
Chapter 119 permits LEO to request removal of their/family names and addresses from records; some Clerks read Rule as “trumping” this chapter and require the filing of motions
Changes in the law
As of 01/01/12, paper requests to remove SSN, credit, debit, and bank card #s are no longer required and Clerk must insure these are not released

7. Clerk responsibilities
Ministerial – assist those who represent themselves but no providing legal assistance
Do these duties change in the electronic vs. paper world?
Draft Best Practice recommends how to define case and sub types, and document groups, on the portal
Critical that IT and court personnel work in tandem
Notice of Confidentiality of Information in a Court Filing
Motion to Determine Confidentiality of Records
Civil vs. criminal duties under Rule 2.420
Clerk policies/procedures

8. Types of records Paper Electronic Data Subscription v. Public Reports
“Bulk”
Filings – efilings, eservice

9. Unique issues Ex Parte motions in Marion
Notices of Confidentiality that need better specificity - Marion
Chapter 119 issues like “criminal investigative information” and “confession” - Leon

10. Questions

11. Contact information
Gypsy Bailey Katie Glynn
Staff Counsel/Director of Courts Staff Counsel
Leon County Clerk’s Office Marion County Clerk’s Office
PO Box PO Box 1030
Tallahassee, FL Ocala, FL
(850) (352)