Ill. R. Cir. Ct. McHenry Cnty. 1.20

As amended through May 30, 2024

Rule 1.20 - REMOTE ELECTRONIC ACCESS

A. PURPOSE OF ELECTRONIC ACCESS RULE

1. The purpose of this rule is to provide a comprehensive policy on remote electronic access to the court records held by the Clerk of the Circuit Court. This rule provides for access in a manner that: Provides maximum accessibility to court records; Supports the role of the judiciary; Promotes governmental accountability; Contributes to public safety; Avoids risk of harm to individuals; Makes most effective use of court and Clerk of Court staff; Provides excellent customer service; Protects individual privacy rights and interests; Protects proprietary business information; Minimizes reluctance to use the court to resolve disputes; and Does not unduly burden the ongoing business of the judiciary.

2. This rule is intended to provide guidance to (a) litigants and the general public seeking remote electronic access to court records and (b) judges, and court and Clerk of Court personnel responding to requests for electronic access.

3. This rule does not limit or expand access to the official court record maintained by the Clerks of the Circuit Courts. Access to those records is governed by the Supreme Court's General Administrative Order on Recordkeeping in the Circuit Courts and applicable laws. The official court records held by the Clerk of Court are available for inspection during regular office hours for that office.

4. The right to access and disseminate any court record may not be subject to any exclusive contract with another person or entity as provided in Section 13 of the Clerks of Courts Act, 705 ILCS 105/13.

B. WHO HAS ACCESS UNDER THIS ELECTRONIC ACCESS POLICY

Every member of the public will have the same electronic access to court records as provided in this policy.

"Public" includes:

1. any person and any business or non-profit entity, organization or association;

2. any governmental agency for which there is no existing court rule, order, or law defining the agency's access to court records;

3. media organizations; and

4. entities that gather and disseminate information for whatever reason, and regardless of whether it is done with the intent of making a profit, without distinction as to nature or extent of access. ·

"Public" does not include:

1. court or Clerk of Court employees;

2. people or entities, private or governmental that assist the court in providing court services;

3. public agencies whose access to court records is defined by another court rule, order or law; and

4. attorneys of record who are allowed greater electronic access to electronic court records, dependent upon the capabilities of the case management system on which those records are stored.

5. any person, firm or corporation that subscribes to the remote electronic service through the office of the Clerk of the Circuit Court.

C. DEFINITIONS

For the purposes of this policy, the following definitions will apply:

1. "ELECTRONIC COURT RECORD" - The "Electronic Court Record" includes information related to the indexes, calendars, record sheets, pleadings, complaints, motions, orders, dispositions, and other case information which are maintained by the Clerk of the Court in electronic form and not excluded under Section (F) and (G) of this rule.

2. "PUBLIC ACCESS" - "Public access" means that the public can inspect and copy the electronic court record using electronic access, except as provided for in Section (G) of this rule.

3. "ELECTRONIC ACCESS" - "Electronic access" means that inspection of the electronic court record can be made through the use of technology, such as the Internet, Direct Dial, KIOSK, etc.

4. "REMOTE ELECTRONIC ACCESS" - "Remote electronic access" means access to electronic information maintained in the office of the clerk from a location other than the clerk's office or the courthouse by way of a personal computer or other electronic devices, through the use of technology, such as the Internet, direct dial, KIOSK, etc.

5. "IN ELECTRONIC FORM" - Information in a court record "in electronic form" includes information that exists as:

a. Electronic representations of text or graphic documents;

b. An image, including a video image, of a document, exhibit or other things; or

c. Data in the fields or files of an electronic database.

6. "OFFICIAL COURT RECORD" - The "official court record" is the basic record as defined under Part 1, Section F of the Supreme Court Manual on Recordkeeping or law.

7. "COURT RULE" - "Court rule" means any rule of the Supreme Court of Illinois and any local rule or administrative order established as provided by Supreme Court Rule 21.

8. "LAW" - "Law" means any federal or state statutes passed by the U. S. Congress or the Illinois General Assembly.

D. APPLICABILITY OF ELECTRONIC ACCESS POLICY.

This rule applies to access of electronic court records as defined herein and as provided for by local rule.

E. GENERAL ACCESS

1. Information in the electronic court record is accessible to the public, except as provided in Section for excluded by Section (G).

2. Access to the official court record is not affected by this policy.

F. LIMITATIONS TO ELECTRONIC ACCESS

1. The Supreme Court General Administrative Order on Recordkeeping in the Circuit Courts provides for the destruction of court records. Any record approved to be destroyed pursuant to those provisions may no longer be available for inspection in electronic form.

2. A Clerk of the Court may elect to continue to provide access to all or part of the electronic court record where approval has been received to destroy the basic record of the case.

3. A court's case management system may necessitate that portions of the electronic court record be removed from or not be made available by electronic access.

G. ELECTRONIC COURT RECORDS EXCLUDED FROM REMOTE PUBLIC ACCESS

1. Information that is impounded, sealed or expunged pursuant to law, or by court rule, order of the court, or pursuant to the Supreme Court Manual on Recordkeeping shall be excluded from public access in electronic form. Access and inspection of this information are governed by the existing court rules and laws for public access of the official court record. Requests for inspection must be made in person at the office of the Clerk of Court.

2. The following information is excluded from remote public access in electronic form: Financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit cards, first five digits of social security number, or P.I.N. numbers of individuals or business entities; Proprietary business information such as trade secrets, customer lists, financial information or business tax returns. The responsibility for designating any information contained in any pleading or court paper as a trade secret is that of the person asserting the claim of secrecy. Information constituting trade secrets, copyrighted or patented material or which is otherwise owned by the state or local government and whose release would infringe on the government's proprietary interests. The responsibility for designating any information contained in any pleading or court paper as a trade secret is that of the person asserting the claim of secrecy. Notes, drafts and work products prepared by a judge or for a judge by court staff or individuals working for the judge related to cases before the court; Names, addresses, or telephone numbers of potential or sworn jurors in a criminal case; juror questionnaires and transcripts of voir dire of prospective jurors; Wills deposited with the court pursuant to the Manual on Recordkeeping; Arrest warrants (at least prior to the arrest of the person named); Any documents filed or imaged, i.e., complaint, pleading, order. Filed or imaged documents may be accessed electronically through the use of computer terminals maintained by the clerk and do not allow such information to be downloaded or exported.

3. Information not covered in subsections (1) and (2) may be excluded from public access in electronic form by local general administrative order.

H. REQUESTS FOR BULK DISSEMINATION OF COURT RECORDS IN ELECTRONIC FORM

A request for bulk dissemination is defined as a request for all, or a significant subset, of the information in court records that are maintained in electronic form, as is and without modification or compilation. Dissemination of bulk information in electronic form is not permitted for court records.

I. ACCESS TO COMPILED INFORMATION FROM COURT RECORDS

Compiled information is defined as information derived from the selection, aggregation or manipulation of court information from more than one individual court record, including statistical reports and information that is not already available in an existing record or report. Dissemination of compiled information in electronic form is not prohibited.

J. REQUESTS TO RESTRICT INFORMATION IN ELECTRONIC COURT RECORDS FROM PUBLIC ACCESS

Except as provided in Sections 4.02 and 4.03, the electronic court record is an exact representation of the official court record.

K. COURT RECORDS IN ELECTRONIC FORM PRESUMPTIVELY SUBJECT TO REMOTE ELECTRONIC ACCESS BY THE PUBLIC

If possible, the following information in court records should be made electronically accessible to the public if it exists in electronic form, except as provided in Sections 1.20(F) and:

1. Indexes to cases as provided in the Supreme Court Manual on Recordkeeping;

2. Calendars of court proceedings;

3. The record sheet as provided for in the Supreme Court Manual on Recordkeeping;

4. Sentencing information in criminal and quasi-criminal cases.

L. WHEN ELECTRONIC COURT RECORDS MAY BE ACCESSED

Electronic court records under this policy will be available as follows:

1. Remote electronic access may be obtained twenty-four hours a day, seven (7) days per week, subject to unexpected technical failures, normal system maintenance or as may otherwise be technically feasible.

2. In the courthouse, electronic access may be obtained during the regular office hours of the clerk, as may be determined from time to time by the clerk.

M. FEES FOR ACCESS

1. There shall be no additional fee for electronic access to the court record as provided for in this rule. However, this does not limit a Clerk of the Court from charging fees for copies regardless of form, format or media of exchange of documents filed with the clerk.

2. This section does not apply to contractual relationships for the provision of any service allowed by court rule or administrative order.

N. OBLIGATIONS OF VENDORS PROVIDING INFORMATION TECHNOLOGY SUPPORT TO A COURT TO MAINTAIN COURT RECORDS

1. It shall be the duty of the court and Clerk of Court to assure that any contract with a vendor to provide electronic access to court records is consistent with the requirements of this policy. Any contract with a vendor to provide electronic access to court records must be approved by the Chief Judge.

2. For purposes of this section, "vendor" includes a private entity and state, county or local governmental agency that provides information technology services to a court.

O. NOTICE AND EDUCATION REGARDING ELECTRONIC ACCESS POLICY

1. The Clerk of the Court is not required to notify or educate the public regarding electronic access to court records as provided for herein.

2. The Clerk of the Court shall maintain for inspection at all times a current copy of this rule.

3. The electronic court record provided for by this rule shall be promptly maintained pursuant to Part 1, Section F of the Supreme Court Manual on Recordkeeping.

Ill. R. Cir. Ct. McHenry Cnty. 1.20