20. Attorney Filers Q&A
1. Attorneys file things incorrectly all the time, what are we as clerks supposed to do when we see that a filing is wrong and/or contains confidential information on the public document?
The clerk is required to accept the filing. Attorneys have a process to follow if information that should be redacted is filed incorrectly. While not required, if the court notices that confidential information is on the public form, the attorney can be notified. The judge could require the party to fix filings.
2. Will attorneys be filing 3 documents with EACH filing: 1) redacted copy, 2) unredacted copy, 3) CRIFS OR will they be filing 2 documents: 1) redacted copy, 2) either the unredacted copy OR the CRIFS but not both?
Per the Rule, if a pleading has confidential information that must be redacted, attorneys will either file 2 documents, the redacted document and a completed CRIFS or file 3 documents, the redacted document, the CRIFS with the unredacted document attached.
3. We have a law office that has indicated that they plan on redacting ALL of their pleadings that they file. They do not want the public to have ANY access to this. Is there anything we can do to prevent this from happening?
The rule requires that the person filing has to provide a redacted and unredacted document. If the law firm routinely does not comply with the rule then the judge could address the issue with the lawyer and it could potentially be an issue for the Office of Chief Disciplinary Counsel (OCDC).
4. My Prosecutor is telling me he's never going to file another ticket. He's going to file all tickets by way of an Information so that he doesn't have to redact a ticket. I don't agree with his decision. Thoughts?
We can’t tell a Prosecutor how they will proceed with their job, but MOPS has been working with the Highway Patrol and for PPK with their Karpel System in order to begin receiving the Uniform Citation (UC) directly into Karpel to be filed through the same way they file an information. Part of that process includes receiving two versions of the UC from the MSHP, a redacted and unredacted, regardless of whether they file it by UC or by Information. They will still have to redact the Information to comply to the Rule, regardless of filing it as UC or information the individual fields of confidential information has to be redacted and will have to file an unredacted, or a CRIFS form with the court with that information.
Additionally, if they do file by Information and not by UC, those will not be available for Plead and Pay for the public.
5. If a case is secured, does the attorney still need to file redacted documents or will that process be the same as it has been?
No, if a case is considered confidential all documents filed with in that case are confidential and the filing party, attorneys or the self-representing litigants do not have to redact those documents. Those are confidential and the public will not have access to that case.
6. Can an attorney file documents fully redacted, more specifically if the document is a "public" document, level 1 documents that are fully redacted?
2. Will attorneys be filing 3 documents with EACH filing: 1) redacted copy, 2) unredacted copy, 3) CRIFS OR will they be filing 2 documents: 1) redacted copy, 2) either the unredacted copy OR the CRIFS but not both?
Per the Rule, if a pleading has confidential information that must be redacted, attorneys will either file 2 documents, the redacted document and a completed CRIFS or file 3 documents, the redacted document, the CRIFS with the unredacted document attached.
3. We have a law office that has indicated that they plan on redacting ALL of their pleadings that they file. They do not want the public to have ANY access to this. Is there anything we can do to prevent this from happening?
The rule requires that the person filing has to provide a redacted and unredacted document. If the law firm routinely does not comply with the rule then the judge could address the issue with the lawyer and it could potentially be an issue for the Office of Chief Disciplinary Counsel (OCDC).
4. My Prosecutor is telling me he's never going to file another ticket. He's going to file all tickets by way of an Information so that he doesn't have to redact a ticket. I don't agree with his decision. Thoughts?
We can’t tell a Prosecutor how they will proceed with their job, but MOPS has been working with the Highway Patrol and for PPK with their Karpel System in order to begin receiving the Uniform Citation (UC) directly into Karpel to be filed through the same way they file an information. Part of that process includes receiving two versions of the UC from the MSHP, a redacted and unredacted, regardless of whether they file it by UC or by Information. They will still have to redact the Information to comply to the Rule, regardless of filing it as UC or information the individual fields of confidential information has to be redacted and will have to file an unredacted, or a CRIFS form with the court with that information.
Additionally, if they do file by Information and not by UC, those will not be available for Plead and Pay for the public.
5. If a case is secured, does the attorney still need to file redacted documents or will that process be the same as it has been?
No, if a case is considered confidential all documents filed with in that case are confidential and the filing party, attorneys or the self-representing litigants do not have to redact those documents. Those are confidential and the public will not have access to that case.
6. Can an attorney file documents fully redacted, more specifically if the document is a "public" document, level 1 documents that are fully redacted?
The attorneys should be following statutes and rules regarding confidential information.
7. If an attorney files documents that should be public- completely redacted - should the court accept? I see the answer above, but it did not completely answer the problem were seeing here.
If there is an issue where they are fully redacting the document that should be available to the media, this is a judicial issue, discipline issue or attorney ethnics issue.
8. Our prosecuting attorney (PA) does not use PA Portal, they use Karpel will that allow a redacted copy and a public copy? My PA says it does not allow them to file that way.
Yes, Karpel has been working on modifying their system to provide the information that needs to be provided to the court.
9. On a Grand Jury Indictment where witness information is listed (names/addresses, etc.), is it up to the Prosecuting Attorney's Office to redact this information, correct?
The filing party is responsible for redaction.
7. If an attorney files documents that should be public- completely redacted - should the court accept? I see the answer above, but it did not completely answer the problem were seeing here.
If there is an issue where they are fully redacting the document that should be available to the media, this is a judicial issue, discipline issue or attorney ethnics issue.
8. Our prosecuting attorney (PA) does not use PA Portal, they use Karpel will that allow a redacted copy and a public copy? My PA says it does not allow them to file that way.
Yes, Karpel has been working on modifying their system to provide the information that needs to be provided to the court.
9. On a Grand Jury Indictment where witness information is listed (names/addresses, etc.), is it up to the Prosecuting Attorney's Office to redact this information, correct?
The filing party is responsible for redaction.
10. We are receiving quite a few emails from local attorneys asking what security levels will be raised so they know what to spend time on redacting. Is there a quick reference guide that we can provide to them? Or is anything being published on MO Bar?
There is no place this information is available. When an attorney efiles, if the category is confidential a red lock will appear before the filing is submitted.
There is no place this information is available. When an attorney efiles, if the category is confidential a red lock will appear before the filing is submitted.
11. Our PA would like to see if they can get some type of direction as to what the indicators will be for sensitive info when filing cases via eFiling. What categories will there by for attaching sensitive information that requires redaction? Is there somewhere we can find this information?
There is no place this information is available. When an attorney efiles, if the category is confidential a red lock will appear before the filing is submitted.
There is no place this information is available. When an attorney efiles, if the category is confidential a red lock will appear before the filing is submitted.
12. An attorney files under the wrong code. On Case Import should the court change the docket code to the correct docket code? If yes, what about when an attorney files under a code that is confidential so the attorney did not file a redacted copy, the court then changes the code to the correct code which is public and now the unredacted document would be visible for the public.
Clerks have always had the ability to correct the docket code that a document has been filed with. It is not best practice to change the security level from confidential to public without notifying the attorney and having them file a properly redacted version of the document.
November 16, 2023