Supreme Court of Missouri
en banc
April 14, 2016
Effective July 1, 2016
In re:
(1) Repeal of subdivision 4.24, entitled "Confidential Records," of Court Operating Rule 4, entitled "Uniform Record Keeping System," and in lieu thereof adoption of a new subdivision 4.24, entitled "Confidential Records."
(2) Repeal of subdivision 21.06, entitled "Participation in Missouri Court Tax Offset Program," subdivision 21.07, entitled "Participation in Court Debt Collection Program," and subdivision 21.09, entitled "Payment Plans," of Court Operating Rule 21, entitled "Court Costs, Fees, and Miscellaneous Charges and Surcharges," and in lieu thereof adoption of a new subdivision 21.06, entitled "Participation in Missouri Court Tax Offset Program," a new subdivision 21.07, entitled "Participation in Court Debt Collection Program," and a new subdivision 21.09, entitled "Payment Plans."
1. It is ordered that effective July 1, 2016, subdivision 4.24 of Court Operating Rule 4 be and the same is hereby repealed and a new subdivision 4.24 adopted in lieu thereof to read as follows:
2. It is ordered that effective July 1, 2016, subdivision 21.06, subdivision 21.07, and subdivision 21.09 of Court Operating Rule 21 be and the same are hereby repealed and a new subdivision 21.06, a new subdivision 21.07, and a new subdivision 21.09 adopted in lieu thereof to read as follows:
3. 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.
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.
(1) Repeal of subdivision 4.24, entitled "Confidential Records," of Court Operating Rule 4, entitled "Uniform Record Keeping System," and in lieu thereof adoption of a new subdivision 4.24, entitled "Confidential Records."
(2) Repeal of subdivision 21.06, entitled "Participation in Missouri Court Tax Offset Program," subdivision 21.07, entitled "Participation in Court Debt Collection Program," and subdivision 21.09, entitled "Payment Plans," of Court Operating Rule 21, entitled "Court Costs, Fees, and Miscellaneous Charges and Surcharges," and in lieu thereof adoption of a new subdivision 21.06, entitled "Participation in Missouri Court Tax Offset Program," a new subdivision 21.07, entitled "Participation in Court Debt Collection Program," and a new subdivision 21.09, entitled "Payment Plans."
ORDER
1. It is ordered that effective July 1, 2016, subdivision 4.24 of Court Operating Rule 4 be and the same is hereby repealed and a new subdivision 4.24 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 4 -- UNIFORM RECORD KEEPING SYSTEM
COURT OPERATING RULE 4.24 -- CONFIDENTIAL RECORDS
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COURT OPERATING RULE 4.24 -- CONFIDENTIAL RECORDS
1) Confidential records shall be maintained so as to be inaccessible to the general public. Such records may be sealed. The following, including court docket sheets and indexes for these matters, are confidential:
a) Case records that are closed to the public by chapter 610 RSMo;
b) Mental health records under section 630.140 RSMo;
c) Records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo;
d) Juvenile court records under section 211.321 RSMo, and Supreme Court Rules 122.02 and 122.04;
e) Adoption records under section 453.120 RSMo;
f) All papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846 RSMo;
g) Records of any grand jury proceedings under chapter 540 RSMo;
h) True bills issued by a grand jury before the defendant is arrested under section 545.080 RSMo;
i) No true bills, which are to be sealed;
j) Criminal psychiatric evaluations under section 552.020.13 RSMo;
k) Pre-sentence investigations and probation and parole reports under Supreme Court Rule 29.07;
l) Drug court records under section 478.005 RSMo;
m) Motion, court order, and test results for sexually transmitted diseases, which are required to be sealed within the court file under section 566.135 RSMo;
n) Juror questionnaires. Questionnaires for individuals comprising criminal jury panels shall be sealed at the conclusion of the trial under Supreme Court Rule 27.09;
o) Information that identifies a person as an applicant or recipient of IV-D services under section 454.440 and section 208.120 RSMo;
p) Search warrant applications until the warrant is returned or expires;
q) Filing information sheets, referenced in COR 4.07;
r) Victims of sexual offenses under section 566.226 RSMo; and
s) Any other record sealed or closed by statute, Supreme Court Rule or order of a court of record for good cause shown.
2) The court shall consider all requests to inspect confidential records and may approve such requests if authorized by statute or Supreme Court Rule. A docket entry of the decision of the court shall be made.
a) Case records that are closed to the public by chapter 610 RSMo;
b) Mental health records under section 630.140 RSMo;
c) Records pertaining to sexually violent predators, required to be sealed under section 632.513, RSMo;
d) Juvenile court records under section 211.321 RSMo, and Supreme Court Rules 122.02 and 122.04;
e) Adoption records under section 453.120 RSMo;
f) All papers and records, other than the interlocutory or final judgment, in paternity cases under section 210.846 RSMo;
g) Records of any grand jury proceedings under chapter 540 RSMo;
h) True bills issued by a grand jury before the defendant is arrested under section 545.080 RSMo;
i) No true bills, which are to be sealed;
j) Criminal psychiatric evaluations under section 552.020.13 RSMo;
k) Pre-sentence investigations and probation and parole reports under Supreme Court Rule 29.07;
l) Drug court records under section 478.005 RSMo;
m) Motion, court order, and test results for sexually transmitted diseases, which are required to be sealed within the court file under section 566.135 RSMo;
n) Juror questionnaires. Questionnaires for individuals comprising criminal jury panels shall be sealed at the conclusion of the trial under Supreme Court Rule 27.09;
o) Information that identifies a person as an applicant or recipient of IV-D services under section 454.440 and section 208.120 RSMo;
p) Search warrant applications until the warrant is returned or expires;
q) Filing information sheets, referenced in COR 4.07;
r) Victims of sexual offenses under section 566.226 RSMo; and
s) Any other record sealed or closed by statute, Supreme Court Rule or order of a court of record for good cause shown.
2) The court shall consider all requests to inspect confidential records and may approve such requests if authorized by statute or Supreme Court Rule. A docket entry of the decision of the court shall be made.
2. It is ordered that effective July 1, 2016, subdivision 21.06, subdivision 21.07, and subdivision 21.09 of Court Operating Rule 21 be and the same are hereby repealed and a new subdivision 21.06, a new subdivision 21.07, and a new subdivision 21.09 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 21 -- COURT COSTS, FEES, MISCELLANEOUS CHARGES AND SURCHARGES
COURT OPERATING RULE 21.06 -- PARTICIPATION IN MISSOURI COURT TAX OFFSET PROGRAM
All divisions of the circuit courts using the approved statewide case management system shall participate in the Mi Municipal divisions using the approved statewide case management system shall participate in the Missouri court tax offset program within six months of the implementation of the approved statewide case management system and the related accounting functionality.
Participation in the program requires such divisions to create payment plans in the approved statewide case management system for all amounts not paid in full at case disposition and to have the debtors’ social security number recorded accurately in the approved statewide case management system in order to transfer the debt to the Missouri department of revenue.
COURT OPERATING RULE 21.07 -- PARTICIPATION IN COURT DEBT COLLECTION PROGRAM
All divisions of the circuit courts using the approved statewide case management system shall participate in the Missouri court debt collection program for the collection of accounts receivable.
Municipal divisions using the approved statewide case management system shall participate in the Missouri court debt collection program within six months of the implementation of the approved statewide case management system and the related accounting functionality.
Participation in the program requires such divisions to create payment plans in the approved statewide case management system for all amounts not paid in full at case disposition.
COURT OPERATING RULE 21.09 -- PAYMENT PLANS
The court en banc for each circuit using the approved statewide case management system shall establish payment plan policies and procedures. The policies and procedures should address, at a minimum, the effective date of the plan, the minimum payment due at case disposition or prior to granting a payment plan, the minimum monthly payment to ensure the repayment time frame is reasonable, and obtaining the debtor’s social security number under Court Operating Rule 4.
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COURT OPERATING RULE 21.06 -- PARTICIPATION IN MISSOURI COURT TAX OFFSET PROGRAM
All divisions of the circuit courts using the approved statewide case management system shall participate in the Mi Municipal divisions using the approved statewide case management system shall participate in the Missouri court tax offset program within six months of the implementation of the approved statewide case management system and the related accounting functionality.
Participation in the program requires such divisions to create payment plans in the approved statewide case management system for all amounts not paid in full at case disposition and to have the debtors’ social security number recorded accurately in the approved statewide case management system in order to transfer the debt to the Missouri department of revenue.
COURT OPERATING RULE 21.07 -- PARTICIPATION IN COURT DEBT COLLECTION PROGRAM
All divisions of the circuit courts using the approved statewide case management system shall participate in the Missouri court debt collection program for the collection of accounts receivable.
Municipal divisions using the approved statewide case management system shall participate in the Missouri court debt collection program within six months of the implementation of the approved statewide case management system and the related accounting functionality.
Participation in the program requires such divisions to create payment plans in the approved statewide case management system for all amounts not paid in full at case disposition.
COURT OPERATING RULE 21.09 -- PAYMENT PLANS
The court en banc for each circuit using the approved statewide case management system shall establish payment plan policies and procedures. The policies and procedures should address, at a minimum, the effective date of the plan, the minimum payment due at case disposition or prior to granting a payment plan, the minimum monthly payment to ensure the repayment time frame is reasonable, and obtaining the debtor’s social security number under Court Operating Rule 4.
3. 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.
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.
Day - to - Day
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PATRICIA BRECKENRIDGE
Chief Justice
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PATRICIA BRECKENRIDGE
Chief Justice