Supreme Court of Missouri
en banc
April 30, 2019
Effective July 1, 2019
Effective July 1, 2019
In re:
(1) Adoption of a new subdivision 1.00, entitled "Judicial Records: Definition," of Court Operating Rule 1, entitled "State Court Automation."
(2) Repeal of subdivision 1.01, entitled "Missouri Court Automation Committee: Definition;" the heading title and subdivision 1.03, entitled "Court Automation Central Sites and Communications Links;" the heading title and subdivision 1.05, entitled "Uniform Criminal Charge Codes;" subdivision 1.06, entitled "Uniform Court Action Codes;" subdivision 1.07, entitled "Attorney Identification;" the heading title and subdivision 1.08, entitled "Data Processing Proposals;" subdivision 1.09, entitled "Developmental Projects;" and the heading title and subdivision 1.10, entitled "Control of Automated Systems," of Court Operating Rule 1, entitled "State Court Automation," and in lieu thereof adoption of a new subdivision 1.01, entitled "Missouri Court Automation Committee: Definition;" a new heading title and subdivision 1.03, entitled "Statewide Court Automation System and Communications Link;" a new heading title and subdivision 1.05, entitled "Missouri Charge Codes;" a new subdivision 1.06, entitled "Uniform Court Action Codes;" a new subdivision 1.07, entitled "Attorney Identification;" a new heading title and subdivision 1.08, entitled "Information Technology Proposals Involving Judicial Records;" a new subdivision 1.09, entitled "Developmental Projects;" and a new heading title and subdivision 1.10, entitled "Control of the Statewide Court Automation System."
(3) Repeal of subdivision 4.01, entitled "Uniform Record Keeping System," of Court Operating Rule 4, entitled "Uniform Record Keeping System," and in lieu thereof adoption of a new subdivision 4.01, entitled "Uniform Record Keeping System."
ORDER
1. It is ordered that effective July 1, 2019, the adoption of a new subdivision 1.00 of Court Operating Rule 1 be and the same is hereby adopted to read as follows:
COURT OPERATING RULE 1.00 JUDICIAL RECORDS: DEFINITION
As used in this Court Operating Rule 1, "Judicial Records," means any document, information, data or other item created, collected, or received, and maintained by any court and any division thereof, including any associated administrative support entity, regardless of physical form or storage medium used.
As used in this Court Operating Rule 1, "Judicial Records," means any document, information, data or other item created, collected, or received, and maintained by any court and any division thereof, including any associated administrative support entity, regardless of physical form or storage medium used.
2. It is ordered that effective July 1, 2019, subdivision 1.01, the heading title and subdivision 1.03, the heading title and subdivision 1.05, subdivision 1.06, subdivision 1.07, the heading title and subdivision 1.08, subdivision 1.09, and the heading title and subdivision 1.10 of Court Operating Rule 1, be and the same are hereby repealed and a new subdivision 1.01, a new heading title and subdivision 1.03, a new heading title and subdivision 1.05, a new subdivision 1.06, a new subdivision 1.07, a new heading title and subdivision 1.08, a new subdivision 1.09, and a new heading title and subdivision 1.10 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 1.01 MISSOURI COURT AUTOMATION COMMITTEE: DEFINITION
The Missouri court automation committee, established by section 476.055, RSMo, has decision-making authority for all aspects of statewide court automation. This includes policy, technical, financial and other aspects of statewide court automation.
COURT OPERATING RULE 1.03 STATEWIDE COURT AUTOMATION SYSTEM AND COMMUNICATIONS LINK
The office of state courts administrator shall operate the statewide court automation system. The court automation system shall serve as the communications link for judicial records among all courts and with all regional, statewide, and national non-court systems.
COURT OPERATING RULE 1.05 MISSOURI CHARGE CODES
All courts shall use the uniform set of charge codes adopted by the state judicial records committee. A specific charge code shall be assigned by the filing party to each charge when filed.
COURT OPERATING RULE 1.06 UNIFORM COURT ACTION CODES
All courts shall use, in every case filed or juvenile referral made, the uniform set of court action codes adopted by the state judicial records committee in compliance with statewide court automation policies.
COURT OPERATING RULE 1.07 ATTORNEY IDENTIFICATION
The statewide court automation system shall utilize a uniform attorney identification number consistent with the number currently utilized by the clerk of this Court.
COURT OPERATING RULE 1.08 INFORMATION TECHNOLOGY PROPOSALS INVOLVING JUDICIAL RECORDS
Courts proposing to undertake information technology projects involving judicial records shall submit a plan for approval to the state judicial records committee and the Missouri court automation committee. The plan shall demonstrate compliance with applicable statutes, court rules, and guidelines.
COURT OPERATING RULE 1.09 DEVELOPMENTAL PROJECTS
Courts are encouraged to seek federal and other funds for developmental projects. If these entail information technology projects involving judicial records, they shall adhere to Court Operating Rule 1.08.
COURT OPERATING RULE 1.10 CONTROL OF THE STATEWIDE COURT AUTOMATION SYSTEM
Judicial records in digital or electronic format shall be maintained on computer equipment managed and controlled solely by the court unless otherwise approved by the Missouri court automation committee and state judicial records committee.
Any court automation system, including any pilot project, shall be implemented, operated and maintained in accordance with strict standards for the physical and information security, integrity, and privacy of judicial records in all courts.
To protect the security, integrity, privacy, and availability of judicial records and the court automation system, all users and systems connected to the networks supported by the office of state courts administrator must conform to the Missouri court automation committee approved guidelines and standards.
The state courts administrator, upon notice to the appropriate chief or presiding judge, is authorized to:
In the event of an emergency threat to the court automation system, appropriate action may be taken immediately, and the required notice shall be given as soon as reasonably practicable.
The office of state courts administrator may withhold service or support to any user, court, or division breaching the Missouri court automation committee approved guidelines and standards. Minor infractions may be reported to the appropriate appointing authority, and major infractions may result in suspension or revocation of privileges and/or support.
For the purposes of this Court Operating Rule 1.10, "minor infractions" are those actions that are contrary to the Missouri court automation committee approved guidelines and standards, and that cause no significant loss of operational functionality, data integrity or data security. "Major infractions" are those actions that cause a loss of operational functionality, data integrity, or data security that is significant and/or extended in duration or whose impact extends beyond the local court.
The Missouri court automation committee, established by section 476.055, RSMo, has decision-making authority for all aspects of statewide court automation. This includes policy, technical, financial and other aspects of statewide court automation.
COURT OPERATING RULE 1.03 STATEWIDE COURT AUTOMATION SYSTEM AND COMMUNICATIONS LINK
The office of state courts administrator shall operate the statewide court automation system. The court automation system shall serve as the communications link for judicial records among all courts and with all regional, statewide, and national non-court systems.
COURT OPERATING RULE 1.05 MISSOURI CHARGE CODES
All courts shall use the uniform set of charge codes adopted by the state judicial records committee. A specific charge code shall be assigned by the filing party to each charge when filed.
COURT OPERATING RULE 1.06 UNIFORM COURT ACTION CODES
All courts shall use, in every case filed or juvenile referral made, the uniform set of court action codes adopted by the state judicial records committee in compliance with statewide court automation policies.
COURT OPERATING RULE 1.07 ATTORNEY IDENTIFICATION
The statewide court automation system shall utilize a uniform attorney identification number consistent with the number currently utilized by the clerk of this Court.
COURT OPERATING RULE 1.08 INFORMATION TECHNOLOGY PROPOSALS INVOLVING JUDICIAL RECORDS
Courts proposing to undertake information technology projects involving judicial records shall submit a plan for approval to the state judicial records committee and the Missouri court automation committee. The plan shall demonstrate compliance with applicable statutes, court rules, and guidelines.
COURT OPERATING RULE 1.09 DEVELOPMENTAL PROJECTS
Courts are encouraged to seek federal and other funds for developmental projects. If these entail information technology projects involving judicial records, they shall adhere to Court Operating Rule 1.08.
COURT OPERATING RULE 1.10 CONTROL OF THE STATEWIDE COURT AUTOMATION SYSTEM
Judicial records in digital or electronic format shall be maintained on computer equipment managed and controlled solely by the court unless otherwise approved by the Missouri court automation committee and state judicial records committee.
Any court automation system, including any pilot project, shall be implemented, operated and maintained in accordance with strict standards for the physical and information security, integrity, and privacy of judicial records in all courts.
To protect the security, integrity, privacy, and availability of judicial records and the court automation system, all users and systems connected to the networks supported by the office of state courts administrator must conform to the Missouri court automation committee approved guidelines and standards.
The state courts administrator, upon notice to the appropriate chief or presiding judge, is authorized to:
(a) restrict or revoke the privileges of any user at any time for just cause;
(b) inspect, copy, remove, or alter any data, program, or other resource that may undermine security; and
(c) take any steps necessary to manage and protect its computer system.
(b) inspect, copy, remove, or alter any data, program, or other resource that may undermine security; and
(c) take any steps necessary to manage and protect its computer system.
In the event of an emergency threat to the court automation system, appropriate action may be taken immediately, and the required notice shall be given as soon as reasonably practicable.
The office of state courts administrator may withhold service or support to any user, court, or division breaching the Missouri court automation committee approved guidelines and standards. Minor infractions may be reported to the appropriate appointing authority, and major infractions may result in suspension or revocation of privileges and/or support.
For the purposes of this Court Operating Rule 1.10, "minor infractions" are those actions that are contrary to the Missouri court automation committee approved guidelines and standards, and that cause no significant loss of operational functionality, data integrity or data security. "Major infractions" are those actions that cause a loss of operational functionality, data integrity, or data security that is significant and/or extended in duration or whose impact extends beyond the local court.
3. It is ordered that effective July 1, 2019, subdivision 4.01 of Court Operating Rule 4 be and the same is hereby repealed and a new subdivision 4.01 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 4.01 UNIFORM RECORD KEEPING SYSTEM
The Missouri statewide court automation system is the uniform record keeping system for the circuit courts and is mandatory as to the form, style, and maintenance of records dealing with civil, criminal, juvenile, probate, mental health, family court, traffic and municipal cases.
Any division of the circuit court may use its existing manual or automated system, and any upgrades approved by the state judicial records committee, until such time as the statewide court automation system is available for implementation in that division.
Nothing in this COR 4.01 prohibits a division of the circuit court from entering, maintaining, or archiving records on cases filed before the available implementation date of the statewide court automation system for that division in the same manual or automated system as used in such division on the day before such implementation date, provided that the system was in compliance with all applicable court operating rules at that time and is thereafter maintained and operated in accordance with such rules.
The Missouri statewide court automation system is the uniform record keeping system for the circuit courts and is mandatory as to the form, style, and maintenance of records dealing with civil, criminal, juvenile, probate, mental health, family court, traffic and municipal cases.
Any division of the circuit court may use its existing manual or automated system, and any upgrades approved by the state judicial records committee, until such time as the statewide court automation system is available for implementation in that division.
Nothing in this COR 4.01 prohibits a division of the circuit court from entering, maintaining, or archiving records on cases filed before the available implementation date of the statewide court automation system for that division in the same manual or automated system as used in such division on the day before such implementation date, provided that the system was in compliance with all applicable court operating rules at that time and is thereafter maintained and operated in accordance with such rules.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
6. The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice