23. Miscellaneous Q&A
1. Can the clerks get a list of docket codes that automatically make documents confidential?
The list is on the Court Information Center (CIC) under the redaction/remote access page. Remote Access to Documents
2. Can we make a confidential ONOTE code that is not open to the public for personal information?
New code requests can be submitted to the State Judicial Records Committee (SJRC) for review.
3. What is the penalty for someone that purposely and or accidently sends in unredacted information?
There are no penalty for a person who files an unredacted document incorrectly.
4. Is signatures a public record? Concern is with the judges, clerks and defendants' signature can traced at that point.
A signature is not considered confidential.
5. Will there be a fully developed list provided to circuit court staff regarding redacting names and addresses? Some of the language is vague; for example, "Confidential information can include, but is not limited to." Do we have anything that specifically states what has been determined Personal Identifying Information (PII) and should always be redacted? If so, is it possible to change the language to say "shall" instead of "can?"
It is not possible to create an exhaustive list as the rule refers to information that is confidential to rules and statues.
6. Has the Governor signed Senate Bill 103 and how will that effect redacting information of minors that receive traffic citations?
Senate Bill 103 has been signed by the governor. More information will be included in the legislative update.
7. How does security level 3 differ from security level 5 behind the scenes? Does level 5 affect law enforcement?
Attorneys of record can see cases and documents up a security level 5. Other individuals, such as law enforcement can only see cases up to a level 3. Those who have access to secure Case.net can see cases up to 3, 5 is considered sealed, but attorney of record can access. From an attorney’s perspective, there is really no difference between 3, 4 and 5. Who has access? A Prosecutor which is the main one that has access to documents today. A Prosecutor who is not an attorney of record on a confidential criminal case, such as a SIS or a dismissal would be able to see documents that are at a security level 3, but are not at a level 5.
8. What is someone makes a sunshine request to police records how is that handled?
The Sunshine law only applies to the courts in its administrative capacity. Court records are maintained in the court’s judicial capacity and is governed by COR 2. We cannot provide guidance to the police department on how they would handle a sunshine law request.
9. Can we get a copy of the presentation via email?
The replay of the audio is available on the Court Information Center (CIC) Remote Access to Documents page. https://www.courts.mo.gov/page.jsp?id=61255
10. Will there be a print out of instructions for redactions for reference?
There is resource manual section, Redaction, available. The resource manual can be accessed from the Court Information Center (CIC) or in Show-Me Courts (SMC) under Tools.
11. I heard that people could be prosecuted for entering things wrong, what is the process with that?
It is not a criminal offense if a party does not comply. It could become a disciplinary matter for an attorney if they continue to not follow the rules.
12. Can we print out notes or a Transcript for reference?
The video of the presentation is available on the Court Information Center (CIC) on the Remote Access to Documents page. Questions and answers from the webinars are contained within this document.
2. Can we make a confidential ONOTE code that is not open to the public for personal information?
New code requests can be submitted to the State Judicial Records Committee (SJRC) for review.
3. What is the penalty for someone that purposely and or accidently sends in unredacted information?
There are no penalty for a person who files an unredacted document incorrectly.
4. Is signatures a public record? Concern is with the judges, clerks and defendants' signature can traced at that point.
A signature is not considered confidential.
5. Will there be a fully developed list provided to circuit court staff regarding redacting names and addresses? Some of the language is vague; for example, "Confidential information can include, but is not limited to." Do we have anything that specifically states what has been determined Personal Identifying Information (PII) and should always be redacted? If so, is it possible to change the language to say "shall" instead of "can?"
It is not possible to create an exhaustive list as the rule refers to information that is confidential to rules and statues.
6. Has the Governor signed Senate Bill 103 and how will that effect redacting information of minors that receive traffic citations?
Senate Bill 103 has been signed by the governor. More information will be included in the legislative update.
7. How does security level 3 differ from security level 5 behind the scenes? Does level 5 affect law enforcement?
Attorneys of record can see cases and documents up a security level 5. Other individuals, such as law enforcement can only see cases up to a level 3. Those who have access to secure Case.net can see cases up to 3, 5 is considered sealed, but attorney of record can access. From an attorney’s perspective, there is really no difference between 3, 4 and 5. Who has access? A Prosecutor which is the main one that has access to documents today. A Prosecutor who is not an attorney of record on a confidential criminal case, such as a SIS or a dismissal would be able to see documents that are at a security level 3, but are not at a level 5.
8. What is someone makes a sunshine request to police records how is that handled?
The Sunshine law only applies to the courts in its administrative capacity. Court records are maintained in the court’s judicial capacity and is governed by COR 2. We cannot provide guidance to the police department on how they would handle a sunshine law request.
9. Can we get a copy of the presentation via email?
The replay of the audio is available on the Court Information Center (CIC) Remote Access to Documents page. https://www.courts.mo.gov/page.jsp?id=61255
10. Will there be a print out of instructions for redactions for reference?
There is resource manual section, Redaction, available. The resource manual can be accessed from the Court Information Center (CIC) or in Show-Me Courts (SMC) under Tools.
11. I heard that people could be prosecuted for entering things wrong, what is the process with that?
It is not a criminal offense if a party does not comply. It could become a disciplinary matter for an attorney if they continue to not follow the rules.
12. Can we print out notes or a Transcript for reference?
The video of the presentation is available on the Court Information Center (CIC) on the Remote Access to Documents page. Questions and answers from the webinars are contained within this document.
13. Where is the list of court documents that are levels 1,2,3,4,5 or 6?
The document is available on the Court Information Center (CIC) on the Remote Access to Documents page.
14. Does that mean each court has to have a remote access terminal set up?
All circuit courts and some municipal divisions already have a public access terminal available.
July 13, 2023