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New CLERK TRAINING

New CLERK TRAINING

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New CLERK TRAINING

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Presentation Transcript

  1. 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 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

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

  6. 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

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