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Privacy and Public Access to Court Records

NCJ Number
154399
Author(s)
S M Jennen
Date Published
1995
Length
230 pages
Annotation
The National Center for State Courts studied the legal, public policy, and practical issues surrounding public access to electronic court information.
Abstract
The discussion of substantive issues centers on public access, privacy, and the public records, provides general legal background on Federal and State rights and reviews those rights in the context of electronic court records. The document also discusses specific State practices on an issue-by-issue basis. A subsequent chapter discusses court discretion in the decision making process, accountability, and operational issues that affect access decisions. The report sets forth an approach to analyzing electronic court data in a way that facilitates decisionmaking. Specific guidelines for formulating public access policy involve understanding Federal and State legal requirements regarding public access and privacy rights, identifying the degree of discretion the court or State judiciary can exercise in defining record access policies and procedures, considering court operational issues that may affect discretionary decisions, sharing resources and ideas with other State and local courts, and developing public access policy by balancing relevant factors within the State and State court system. 2 appendixes and 8 exhibits

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