Ind. R. Acce. Ct. Rec. 1

As amended through September 20, 2024

Rule 1 - Scope and Purposes

(A) Pursuant to the inherent authority of the Indiana Supreme Court and pursuant to the Indiana Access to Public Records Act, this rule governs public access to, and confidentiality of, Court Records. This rule applies to everyone who creates a Court Record as defined in Rule 3(A). Except as otherwise provided by this rule, access to Court Records shall be governed by the Indiana Access to Public Records Act.

(B) The purposes of this rule are to:

(1) Contribute to public safety;

(2) Protect individual Due Process rights and privacy interests;

(3) Minimize the risk of injury to individuals;

(4) Promote accessibility to Court Records;

(5) Promote governmental accountability and transparency;

(6) Protect proprietary business information; and

(7) Make the most effective use of Court and Clerk of Court staff.

(C) This rule applies to Court Records and everyone who creates a Court Record as defined in Rule 3. This rule does not authorize or prohibit access to information gathered, maintained, or stored by a non-judicial governmental agency or other entity.

(D) Disputes arising under this rule shall be determined in accordance with this and, to the extent not inconsistent with this rule, by all other rules of procedure, evidence, and appeal.

(E) Clerks of Court and courts need not redact or restrict information that was otherwise public in Case Records and Court Administrative Records created before January 1, 2005.

Ind. R. Acce. Ct. Rec. 1

Adopted November 15, 2019, effective 1/1/2020.

Commentary

The objective of this rule is to provide maximum public accessibility to Court Records, taking into account public policy interests that are not always fully compatible with unrestricted access. This rule attempts to balance competing interests and recognizes that unrestricted access to certain information in Court Records could result in an unwarranted invasion of personal privacy or unduly increase the risk of injury to individuals and businesses. This rule recognizes there are strong societal reasons for allowing Public Access to Court Records and denial of access could compromise the judiciary's role in society, inhibit accountability, and endanger public safety.

This rule starts from the presumption of open Public Access to Court Records. In some circumstances; however, there are public safety and privacy reasons for restricting access to these records. This rule recognizes that there are times when access to information may lead to, or increase the risk of, harm to individuals. However, given the societal interests in access to Court Records, this rule also reflects the view that any restriction to access shall be implemented in a manner tailored to serve the interests in open access. It is also important to remember that, generally, at least some of the persons in a court case are not in court voluntarily, or a party to the action. Care shall be taken that the privacy rights and interests of such involuntary parties or 'third'persons are not unduly compromised.

Subsection (C) is intended to assure that Public Access provided under this Rule does not apply to information gathered, maintained, or stored by other agencies or entities that is not necessary to, or is not part of the basis of, a court's decision or the judicial process. Access to this information is governed by the law and the access policy of the agency collecting and maintaining such information. The ability of a computer in a court or clerk's office to access the information because the computer uses shared software or shared databases does not, by itself, make the information in Court Records subject to this rule. The Indiana Office of Judicial Administration may provide advisory information to individuals or entities about the provisions, restrictions, and limitations of this rule.