Privacy vs. Public Access

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Privacy vs.Public Access

• My stuff is private.
• Your stuff is public

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Salt Lake City v. Billy C. ExxeCase Documents

• Case Number
• 05CRABCDEF

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Open Records Constitutional right of accessThe
Experience and Logic Test

• A right of access exists only if
• The information has been traditionally accessible
  , and
• Public access would play a significant positive
  role in the functioning of the process in
  question.
• State v. Archuleta, 854 P.2d 234,237 (Utah 1993).

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Record Types
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Records AcquisitionThinkDo I need this
document to manage this case?

• To do
• Reevaluate record acquisition policies.
• Do not accept filings not necessary for sound
  case management.
• Develop private information files and procedures.
• Improve paper record systems so clerks can
  separate non-public and public records.
• Create a list of commonly filed non-public
  information for simplifying record management.
• Ensure that computer records protect non-public
  information.
• Train everyone on record keeping system changes.

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Salt Lake City Justice Court Document
GuidelinesThe following items, which may be in
our court files, are not public under Utah law.

• Court administration work product (notes, drafts,
  other generated in developing policy)
• Court clerk work product (emails, memos to file)
• Court personnel information
• Court security information.
• Financial account numbers may be on items of
  evidence submitted at trial)
• Informants names in criminal cases
• Judges work product (notes, emails to or from
  other judges, etc.)
• Juror venire contact information (Name, address,
  telephone are not public)

• Juror trial panel (name is public)
• Medical records and evaluations
• Mental health records and evaluations
• Pre-sentence reports
• Psychological records and evaluations
• Search warrants and affidavits (prior to return
  of service)
• Social security numbers
• Tax returns
• Treatment non-compliance reports
• Treatment progress reports
• Victim contact info in criminal cases
• Witness contact info in criminal cases (subpoenas)

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Salt Lake City Justice Court Document Guidelines

• PROCEDURE
• Members of the public may ask to view files. No
  identification is necessary.
• Clerk retrieves file, examines the file for
  non-public information and removes it or copies
  and redacts it.
• Example if a social security number appears on a
  citation
• Members of the public may review the file at the
  counter. You may ask that they stand to one side
  so that you may conduct other business. The
  public may ask for copies. We are entitled to
  charge a reasonable fee.

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GRAMA63-2-201

• Every person has the right to inspect a public
  record free of charge - 63-2-201(1)

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TIMING63-2-204

• 10 days after receiving a written request, or
• 5 days if expedited response benefits the public
  rather than the requester you shall
• 1. Approve and provide record
• 2. Deny the request
• 3. Notify that you do not have the record and
  provide, if known the identity of the entity that
  has the record or
• 4. Notify that due to extraordinary
  circumstances you cannot immediately approve or
  deny the request. (The record is being used by
  another entity or the request is complex or
  voluminous)

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63-2-203(1)

• You may charge a reasonable fee to cover actual
  costs.

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What if I need to provide a record in a form
normally not maintained?
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63-2-203(2)

• 1. No charge for first quarter hour of staff
  time.
• 2. May charge for staff time at rate not to
  exceed the wage of the lowest paid employee
  qualified to perform the request.
• 3. May charge for computer time if more than
  word processing is necessary.

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Questions?

• Contact Judge John Baxter
• 801-535-6300 or
• John.baxter_at_slcgov.com
• This presentation is available on the Salt Lake
  City Justice Court Website
• http//www.slcgov.com/courts/