Sixth Annual Conference on Privacy and Public Access to Court Records

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Sixth Annual Conference on Privacy and Public
Access to Court Records
Pennsylvania Living on the Bleeding
Edge November 2008
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UJSTIMELINE FOR PUBLIC ACCESS POLICIES AND
RELATED DEVELOPMENTS
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Rule 509 Financial Records

• March of 2007, a bill to amend the Right to Know
  Act (RTKA) is introduced.
• RTKA for the first time would govern access to
  any UJS records (only financial records).
• May 14, 2007, Court adopted Rule 509 which
  provides that public can access records that deal
  with the use of public state funds, including
  procurement of services, supplies and equipment.
• Rule effective July 1, 2007.

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Rule 509 Financial Records

• February 14, 2008 Act 3 of 2008 signed by
  Governor which amends the RTKA which governs
  access to UJS financial records including
  county-funded local courts and fee-funded Supreme
  Court boards and committees.
• Section 304 of Act provided that a judicial
  agency shall provide financial records in
  accordance with this act or any rule or order of
  court providing equal or greater access to the
  records.

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Rule 509 Financial Records

• - June 23, 2008 pursuant to the Supreme Courts
  constitutional authority and Section 304, the
  Court amended Rule 509 (effective January 1,
  2009). Rule now
• Covers judicial districts
• Provides specific timeframes for appeal and
  decision
• Directs AOPC to establish website for contract
  information (contracts more than 5K)

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Paper Case Records Magisterial District Courts

• Only statewide policy that governs paper case
  records is 1994 policy for courts of limited
  jurisdiction.
• Internal working group consisting of judges and
  court staff crafted proposal published for public
  comment.
• - We received 31 comments including responses
  from the general public, media, private
  attorneys, data harvesters, common pleas judges,
  magisterial district judges, district court
  administrators, and governmental officials.

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Paper Case Records Magisterial District Courts

• Section 3.00 requires a requestor to complete
  request form.
• Purpose to avoid confusion and for appeals.
• Some commentators expressed concern that this
  provision will create an unnecessary obstacle to
  access and necessarily result in delays.

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Paper Case Records Magisterial District Courts

• Section 3.00 provides that a requestor can access
  a maximum of 10 different case records per day.
• Some commentators suggested that this limit was
  too low and would interfere with the ability of
  the requestor to access the files. For example,
  if a person wanted access to 30 case records,
  this would require 3 trips to the court on
  separate days.
• Others commentators suggested this limit was too
  high and would negatively impact court staffs
  ability to perform assignments.

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Paper Case Records Magisterial District Courts

• Section 7.00 requirement that SSNs will not be
  available to the public (either by removing from
  court forms or requiring litigants to file
  confidential information sheet).
• Some commentators wish to continue to receive
  SSNs from courts to use the same for matching
  purposes. Should last four digits be used?
• Confidential Sheet - should policy provide
  sanctions when party fails to use sheet or does
  so incorrectly?

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Expunging Information From A Case Management
Systems

• We break the link between the case record and
  individual (in cases of full expungements).
• We can reconstruct a case when an expungement
  order has been erroneously issued.
• For consumers of our bulk information, we provide
  an expungement list (updated periodically) so
  that consumers can revise their records as
  well.

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CriminalSearches.com

• New website launched by Peoplefinders.com
  permits people to perform a free search of the
  criminal records from all 50 states.
• Subject of NY Times Article from August 3, 2008.
• For Pennsylvania case information, site provides
  that if this is your information and it appears
  incorrect, please contact the source.
• We have received calls concerning accuracy of
  information (e.g. expunged information and charge
  errors) and how to remove information from site.
  

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CriminalSearches.com

• For Pennsylvania information, company receives
  case information from third party who
  integrates information from various sources.
• We asked company to insert a link to our free web
  docket sheets site so an individual can compare
  our information.

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CriminalSearches.com

• Example of Commonwealth v. David Price, docket
  number CP-23-CR-6121-2006 (DOB 11/23/1982)
• CriminalSearches lists 7 offenses with a
  disposition of guilty plea to all.
• UJS web docket sheets lists 8 offenses with a
  disposition of guilty plea to one and the
  remaining seven are nolle prossed or withdrawn.

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Federal Cases of Interest

• Pitchler v. UNITE (Union of Needletrades,
  Industrial and Textile Employees), 2008 WL
  4138410 (3rd Cir. 2008)
• Union wanted to organize workers at Pennsylvania
  plant and used license plate numbers of
  employees cars to obtain employees names and
  home addresses. Then, reps visited employees at
  home.
• Employees filed class action suit alleging
  violation of Drivers Privacy Protection Act
  (union obtained employees personal information
  for a purpose not permitted under Act).
• Third Circuit agreed.

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Federal Cases of Interest

• Doe v. C.A.R.S. Protection Plus, Inc., 527 F.3d
  358 and 2008 WL 4190266 (3rd Cir. 2008) (two
  opinions)
• Ms. Doe claims she was fired from job with
  defendant because she had an abortion.
• Western District Court granted her motion to seal
  the entire case.
• Local legal periodicals petitioned the 3rd
  Circuit to unseal the case.
• Court declined such invitation but remanded
  matter back to Western District Court.
• Legal periodicals filed cert petition with US
  Supreme Court.