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

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!

Definitions Confidential Court Records Public Records Redaction Sensitive Documents

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 28.2221 – 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 668.50 – electronic commerce, esignatures

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 http://www.flcourts.org/gen_public/technology/statutesRules.shtml

Clerk confidentiality (CON’T) Local Administrative Orders and court orders Federal laws – Driver License Protection Act (FS 119.0712(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 2.420 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

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

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

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

Questions

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 726 PO Box 1030 Tallahassee, FL 32302-0726 Ocala, FL 34478-1030 (850) 577-4011 (352) 671-5603 Gbailey@leoncountyfl.gov Kglynn@marioncountyclerk.org