Supreme Court of Missouri
en banc

In re:

Repeal of Court Operating Rule 2, consisting of subdivisions 2.01 to 2.08, inclusive, entitled "Public Access to Records of the Judicial Department," and in lieu thereof adoption of a new Court Operating Rule 2, consisting of subdivisions 2.01 to 2.11, inclusive, entitled "Public Access to Records of the Judicial Department."


1.  It is ordered that effective January 1, 2005, Court Operating Rule 2, consisting of subdivisions 2.01 to 2.08, inclusive, be and the same is hereby repealed and a new Court Operating Rule 2, consisting of subdivisions 2.01 to 2.11, inclusive adopted in lieu thereof, to read as follows:

RULE 2.01  SCOPE OF RULE
This Court Operating Rule 2 governs public access to the records of the judicial department of Missouri.  Litigants or their lawyers who are involved in a case or persons authorized by the court shall have the same access to individual case records as the public does under this Court Operating Rule 2 and may have additional access as authorized by law or court order.

RULE 2.02  GENERAL POLICY
Records of all courts are presumed to be open to any member of the public for purposes of inspection or copying during the regular business hours of the court having custody of the records.  This policy does not apply to records that are confidential pursuant to statute, court rules or court order; judicial or judicial staff work product; internal electronic mail; memoranda or drafts; or appellate judicial case assignments.
Records, information and services shall be provided at a time and in a manner that does not interfere with the regular business of the courts.
This Court Operating Rule 2 imposes no obligation upon the judiciary to create a data element, make a data element available electronically, or produce non-standard reports.

RULE 2.03  DEFINITIONS
As used in this Court Operating Rule 2, the following terms mean:
(a) “Administrative records," all records, including reports and correspondence, pertaining to the administration of the courts;
(b) "Bulk distribution," the distribution of all, or a significant subset, of the information in court records, as is and without modification or compilation;
(c) "Case records," all records relating to a specific case or controversy;
(d) "Custodian of records," the person designated by the appointing authority as responsible for the safekeeping of any records held in the clerk’s office;
(e) "Compiled information," information that is derived from the selection, aggregation or reformulation by the court of some of the information from more than one individual court record, including statistical reports and information that is not already available in an existing record or report;
(f) "Data element," information contained in a field in the computer database;
(g) "Electronic records," computerized records, whether created by data entry, electronic filing, or digital imaging.  The term does not include records on microfiche, paper, or any other medium;
(h) "Person," any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization;
(i) "Personnel records," any and all records relating to the employment of persons within the judiciary with the exception of name, position and salary;
(j) “Record," information produced or available to the court regardless of physical form or storage medium used;
(k) “Summary data," statistical records from which all information that could identify a particular person has been removed.

RULE 2.04  ACCESS TO CASE RECORDS
(a) Public records from which a person can be identified will be made available upon request only by inquiry of a single case or by accessing any public index.  Electronic public indexes will be available by:

(1) Case number;
(2) File date;
(3) Party name;
(4) Calendar date.

An index may contain the above elements plus case title, case type and status.
(b) Electronic records that are public and from which a person can be identified will include only the following data elements, if not confidential by statute or rule:

Civil cases
(1) Attorneys’ addresses;
(2) Attorneys’ names;
(3) Calendar dates;
(4) Case number;
(5) Case type;
(6) Date of birth;
(7) Disposition type;
(8) Docket entries;
(9) File date;
(10) Trial judge currently assigned;
(11) Trial judge at disposition;
(12) Judgment or appellate decision;
(13) Judgment or appellate mandate date;
(14) Party address;
(15) Party name and type;
(16) Satisfaction of judgment date.

Criminal Cases
(1) Appellate mandate date;
(2) Appellate opinion;
(3) Attorneys’ addresses;
(4) Attorneys’ names;
(5) Bail amount;
(6) Calendar dates;
(7) Case number;
(8) Case type;
(9) Pending charges;
(10) Date of birth;
(11) Defendant address;
(12) Defendant name;
(13) Disposition type;
(14) Docket entries;
(15) File date;
(16) Finding and finding date;
(17) Judgment and judgment date;
(18) Sentence and sentence date and offenses for which sentenced;
(19) Trial judge currently assigned;
(20) Trial judge at disposition;
(21) Law enforcement agency;
(22) Offense tracking number;
(23) Violation code, date and description;
(24) Suspended imposition of sentence prior to successful completion of probation.

(c) If available in an electronic format, liens on real estate pursuant to chapter 429, RSMo, during the time they are enforceable as liens, judgments, orders and decrees may be made remotely accessible to the public if not confidential by statute or rule.

RULE 2.05  ACCESS TO SOCIAL SECURITY NUMBERS
(a) Official court files.  Case records containing social security numbers may be disseminated pursuant to Court Operating Rule 2.02.  Court personnel shall not expunge or redact social security numbers that appear in case records.
(b) Case management databases.  Social security numbers may be collected and used by the courts for internal purposes such as party identification, compilation of jury lists, collection of fees, fines or restitution.  Dissemination of social security numbers appearing in court databases shall be restricted to court personnel and to those state or federal agencies to which the court has a statutory or constitutional duty to disclose, including, but not limited to, division of child support enforcement, social security administration and department of revenue.
(c) Public Inquiries.  Except as provided by this Court Operating Rule 2.05(a), court personnel shall not release the social security number.  

RULE 2.06  ACCESS TO ADMINISTRATIVE RECORDS
Administrative records are generally considered to be open to the public.  Exceptions include personnel records and any other record considered confidential pursuant to chapter 610, RSMo.

RULE 2.07  ACCESS TO COMPILED INFORMATION FROM COURT
          RECORDS

If a compiled report used within the judiciary is prepared from or contains case management data elements, the report shall be made available only if:
(a) All of the data elements in the report would have been made available under this Court Operating Rule 2; or
(b) The report is of summary data consisting of non-identifying information.
There is no obligation for the courts to compile information from court records.

RULE 2.08  ACCESS PROCEDURES
A custodian of records shall be named for each clerk’s office to approve or reject requests for records.  If a custodian of records has not been named, the appointing authority for that office shall be the custodian of records.
The court may:
(a) Develop and make available to the public the procedures that are to be followed to obtain access to electronic and paper records;
(b) Develop procedures to ensure that confidential records are protected from disclosure to the public; and
(c) Provide appropriate training to court staff concerning the provisions of this Court Operating Rule 2.
Requests for access may be submitted orally or in writing, as determined by the custodian of records.  However, requests for administrative records shall be in writing.  The requesting person shall not be required to disclose the purpose of the request.
The custodian of records shall respond to the request as promptly as practical.
Denials of access requests shall be in writing if desired by the requesting person.

RULE 2.09  ACCESS DENIAL REVIEW
The state judicial records committee, upon receipt of a written request, may review any request for access to information that has been denied.  The state judicial records committee shall not review any determination by the custodian of records as to the payment of fees.  The request will be reviewed at the next regular meeting of the committee.  The requesting person and the custodian of records shall be notified in writing of the committee’s decision as soon as possible after a determination has been made.

RULE 2.10  REQUESTS FOR BULK DISTRIBUTION OF COURT
                   RECORDS

Bulk distribution of court records shall be made only upon approval of the state judicial records committee.  Under no circumstances shall bulk distribution of court records be made for commercial gain.

RULE 2.11  FEES
Reasonable fees may be charged for services provided.

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 appellate chief judge, each presiding circuit judge and circuit clerk, and such other persons the administrator deems appropriate.

Day – to – Day
_________________________
RONNIE L. WHITE
Chief Justice