Supreme Court of Missouri
en banc
November 3, 2020
Effective November 3, 2020
In re:
Repeal of subdivision 1.10, entitled "Control of the Statewide Court Automation System," of Court Operating Rule 1, entitled "State Court Automation," and in lieu thereof adoption of a new subdivision 1.10, entitled "Control of the Statewide Court Automation System."
ORDER
1. It is ordered that effective November 3, 2020, subdivision 1.10 of Court Operating Rule 1 be and the same is hereby repealed and a new subdivision 1.10 is adopted in lieu thereof to read as follows:
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, policies, 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.
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, policies, 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, policies, and standards and 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.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
4. 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
____________________________
GEORGE W. DRAPER III
Chief Justice