Rule 10.27 - SEALING OR IMPOUNDMENT OF DOCUMENTSThere is a strong statutory presumption of public access to the court's files and records which may be overcome only on a compelling showing that the public's right of access is outweighed by the interests of the public and the parties in protecting files, records or documents from public view.
Nothing in this rule shall be construed to expand or restrict statutory provisions for the sealing of files, records, or documents or those rules promulgated by the Supreme Court or Administrative Office of the Illinois Courts pursuant to the Manual on Recordkeeping.
For purposes of this Local Rule, the term "sealing" shall mean to remove all access to the file, record or document except for users authorized by court order. The term "impoundment" shall mean to remove all access to the file, record or document except for users authorized by statute or court order.
A.Written Order RequiredExcept as otherwise provided by statute, any files, records or documents may be impounded or sealed only upon written order of a judge.
The Clerk of the Circuit Court shall not impound or seal any file or any part thereof without a written order unless otherwise required by law or the Manual on Recordkeeping.
B.Specified ExceptionsThe following exceptions are specifically identified and controlled by statute:
1.Juvenile Filesa. Juvenile files shall be impounded subject to the terms of 705 ILCS 405/1-8, 705 ILCS 405/5-901.b. An attorney who represents a client in a pending criminal matter may, without leave of the court, review any juvenile court file wherein that client is the respondent minor in a delinquency proceeding, except such part of the Juvenile Court file which has been previously sealed by the court.2.Fitness Reports, Psychological and/or Psychiatric EvaluationsFitness reports, psychological and/or psychiatric evaluations shall be impounded subject to the terms of 725 ILCS 5/104-19.
3.Pre-Trial Bond Reports and Pre-Trial Supervised Release ReportsAn attorney who represents a client named as the defendant in a pending criminal matter and the prosecutor may, without leave of court review, and obtain a copy of the sealed Pre-trial Services Bond Report and Pre-Trial Supervised Release Reports of the defendant who is the subject of the report.
4.Pre-Sentence Investigation ReportsPre-Sentence investigation reports shall be impounded subject to the terms of the 730 ILCS 5/5-3-4 (a) and (b).
5.Mental Health RecordsMental health records shall be impounded subject to the terms of 740 ILCS 110/1 et. seq.
6.Substance Abuse EvaluationsAn attorney who represents a client named as the defendant in a pending criminal matter and the prosecutor may, without leave of court, review and obtain a copy of the defendant's substance abuse evaluation sealed and maintained separately by the Clerk of the Circuit Court, which evaluation shall otherwise be impounded.
7.Adoption FilesAdoption files shall be impounded subject to the terms of 750 ILCS 50/18.
8.Reports in Guardianship CasesReports filed with respect to adjudication of disability and appointment of guardian shall be impounded subject to the terms of 755 ILCS 5/11a-9.
C.Procedure for Sealing1. All motions to seal a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record. The motion must explain the basis for sealing the file, records or documents and specify the proposed duration of the sealing order. Any motion to seal, upon specific request, may also be sealed if it contains a discussion of the confidential material.2. The judge hearing the motion shall enter a written order either granting or denying the request on a form approved by the Circuit Judges. If the judge grants the motion, then the order shall designate whether the entire file, record or document, or only a portion of the entire file, record or document, shall be sealed. The order shall further designate whether an order sealing a file includes removing the parties' names from public access to the index and the duration the file is to be sealed.D.Review of Sealed Files1. Unless otherwise specified on the written order, on an annual basis, the Clerk of the Circuit Court shall present for the judge's review, a list of all files, records or documents sealed by the judge. If the judge ordering the file, record or document to be sealed is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.2. The judge ordering the case, records or document sealed shall review the file to determine whether the case, records or document will remain sealed. A judge may unseal a case, records or document if a party fails to object to the unsealing within 30 days following written notice of the intent to unseal.3. For purposes of this rule, review of files sealed pursuant to statute or the Manual on Recordkeeping shall be exempt.E.Procedure for Impoundment1. All motions to impound a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record. The motion must explain the basis for impounding the file, records or documents and specify the proposed duration of the impoundment order. Any motion to impound, upon a specific request, may also be impounded if it contains a discussion of the confidential material.2. The judge hearing the motion shall enter a written order either granting or denying the request on a form approved by the Circuit Judges. If the judge grants the motion, then the order shall designate whether the entire file, record or document, or only a portion of the entire file, record or document, shall be impounded. The order shall further designate whether an order impounding a file includes removing the party's names from public access to the index and the duration the file is to be impounded.F.Review of Impounded Files1. Unless otherwise specified on the written order, on an annual basis, the Clerk of the Court shall present for the judge's review, a list of all files, records or documents impounded by the judge. If the judge ordering the file, record or document to be impounded is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.2. The judge ordering the case, records or document impounded shall review the file to determine whether the case, records or document will remain impounded. A judge may rescind an order impounding a case, records or document if a party fails to object to the rescinding order within 30 days following written notice of the intent to rescind the order impounding the case.3. For purposes of this rule, review of files impounded pursuant to statute or the Manual on Recordkeeping shall be exempt. For purposes of this rule, review of files impounded pursuant to statute or the Manual on Recordkeeping shall be exempt.G.Motions to Rescind an Order Sealing or Impounding a File1. A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document to be rescinded.2. The motion should be titled "Motion to Rescind Order Sealing File" or "Motion to Rescind Order Impounding File," whichever is more appropriate.3. Upon the proper filing of a "Motion to Rescind Order Sealing File" or "Motion to Rescind Order Impounding File," within 14 days, the Circuit Court Clerk shall set the motion for hearing before the judge who ordered the case, records or documents to be sealed or impounded. If the judge ordering the case, records or documents sealed or impounded is no longer available or cannot hear the motion within the 14 days set forth by this rule, the case shall be referred to the Chief Judge or his or her designee for review.Ill. R. Cir. Ct. McHenry Cnty. 10.27