SEALING COURT RECORDS MD RULES

Transcription

1 SEALING COURT RECORDS MD RULES

2 Court records include any document, information, exhibit or other item that is collected, received or maintained by a court in connection with a court case, and any information in a case management system created or prepared by the court that is related to a court case. MD Rule e WHAT IS A COURT RECORD?

3 Records maintained by a court or other Judicial branch agency Mostly involving personnel, budgetary and operations management ADMINISTRATIVE RECORD

4 Includes application and copy of license BUSINESS LICENSE RECORD

5 Records in a court s possession as a result of being filed by litigants in judicial actions CASE RECORD

6 Land records, including deeds, mortgages, financing statements, tax and other liens NOTICE RECORDS

7 Records maintained by a court or judicial agency are presumed open to the public for inspection, except as restricted by the US or MD Constitution, MD Rules of Procedure, federal or state law, court order or case law. The custodian of a court record shall permit a person, upon personal appearance in the office of the custodian during normal business hours, to inspect the record. MD Rule (a), Rule WHAT RECORDS MAY THE PUBLIC INSPECT?

8 Any document not yet recorded and indexed MD Rule (b) Any record revealing the name, address, phone number, or workplace of a person reporting abuse of a vulnerable adult MD Rule (a) The home address or phone number of an employee of the State or political subdivision thereof MD Rule (b) Any part of the SSN or Fed ID Number of an individual, other than the last four digits MD Rule (c) Information about a person receiving a copy of a sex offender s registration statement MD Rule (d) Court records sealed by judicial order MD Rule (j) RECORDS NOT AVAILABLE TO THE PUBLIC

9 A transcript, or audio, visual, or digital recording of any court proceeding that was closed to the public pursuant to Rule or order of court MD Rule (f) Adoption or guardianship records filed under Title 9, Chapter 100 of the Maryland Rules MD Rule Delinquency, CINA or CINS actions in Juvenile Court, except if action is public pursuant to MD Courts 3-8A-13(f). The name of the respondent, and the date time and location of the hearing are open to inspection. MD Rule Except as limited by statute, marriage license records involving the pregnancy of a child under 18 MD Rule Child abuse or neglect records maintained by an agency that are required to be kept confidential MD Rule RECORDS NOT AVAILABLE TO THE PUBLIC

10 Attorney grievance matters declared confidential by MD Rule (b) Records involving an investigative subpoena issued by Bar Counsel MD Rule (d) Case records relating to proceedings before a Character Committee, subject to Rules of Court MD Rule (d) Case records consisting of Pro Bono Legal Service reports filed by an attorney pursuant to Court Rule MD Rule 1006(d) Case records relating to motions or subpoenas issued by Investigative Counsel for the Commission on Judicial Disabilities pursuant to Court Rule MD Rule (d) A case record that has been ordered expunged pursuant to Rule MD Rule Certain records pertaining to search warrants and arrest warrants Rule RECORDS NOT AVAILABLE TO THE PUBLIC

11 Case records involving the refusal of a person to testify in a criminal action against the person s spouse. MD Rule A pre-sentence investigation report. MD Rule A case record pertaining to a criminal investigation by a grand jury or by a State s Attorney. MD Rule Case records that consist of medical or psychological reports from a hospital, physician, psychiatrist, or other professional health care provider, containing medical/psychological information about an individual, other than an autopsy report of a medical examiner. MD Rule (h) Records regarding testing for HIV declared confidential by MD Health General or MD Rule (h) Records of a child fatality review team declared confidential by MD Health General MD Rule (h) RECORDS NOT AVAILABLE TO THE PUBLIC

12 Records by a physician or institution concerning whether an individual has an infectious disease declared confidential under MD Health General or MD Rule (h) A record concerning the consultation, examination or treatment of a developmentally disabled person, declared confidential by MD health General MD Rule (h) Petitions for emergency evaluations MD Rule (h) State and federal tax records MD Rule (j) Judicial work product, including notes, documents and memoranda prepared by a judge or other court personnel at the direction of judge, and used in the preparation of a decision, order, or opinion. MD Rule (e )(1) An administrative record prepared by a judge or other judicial personnel that is administrative in nature, or the draft of a document for the consideration by the author or others, and not intended to be final in it s existing form, and not filed with the clerk and not required to be filed with the clerk. MD Rule (e )(2) RECORDS NOT AVAILABLE TO THE PUBLIC

13 Any party in an action for which a case record is filed The subject of an action One specifically identified in a case record NOTE: This form may be used for criminal and civil cases WHO MAY FILE?

14 Custodian should deny inspection of the case record for a period not to exceed 5 days, including the day the motion is filed Court should rule on this motion in an expedited fashion WHAT DO I DO IMMEDIATELY

15 The motion must be filed in the court that maintains the case record The motion must list the specific parts of the record that should or should not be subject to the public inspection If asking for the case record to be sealed, the motion must have the I DO box checked, and must list specific reasons for the belief of immediate, substantial and irreparable harm If asking for the case record to be able to be inspected, the I DO NOT box must be checked, stating that the requestor does NOT believe that immediate, substantial and irreparable harm will result The motion must be served on all parties to the action in which the case record is filed, and each identifiable person who is the subject of the case record. JUDGE S CHECKLIST FOR REVIEW

16 There is no substantial basis for believing that the case record is properly subject to an order precluding or limiting inspection AND There is no substantial basis for believing that immediate, substantial or irreparable will result to the person seeking relief if temporary relief is not granted before a full hearing can be held If denied, process is complete after denial DENY THE MOTION TO SEAL IF

17 There is a substantial basis for believing that the case record is properly subject to an order precluding or limiting inspection; AND There is substantial basis for believing that immediate, substantial or irreparable harm will result to the person seeking relief if temporary relief isn t granted pending the full hearing If granted, enter a temporary order precluding or limiting inspection of the case record and schedule a full hearing GRANT THE MOTION TO SEAL IF

18 Conduct the hearing within 30 days, and enter an order that either: Precludes or limits inspection of the case record that is not otherwise shielded from inspection under the Rules; Permits inspection under such conditions and limitations as the court finds necessary not otherwise subject to inspection under the Rules; or The order should include findings regarding the interest sought to be protected by the order, and should be as narrow as possible in both scope and duration to effectuate the interest protected from the order. NOTE: LOOK FOR A SPECIAL OR COMPELLING REASON TO LIMIT OR ALLOW INSPECTION HEARING AND ORDER