Va. R. Sup. Ct. 11:4

As amended through September 26, 2024
Rule 11:4 - Records of the Office of the Executive Secretary
(a) Except as otherwise provided by law or by this Part Eleven, administrative records maintained by the Office of the Executive Secretary of the Supreme Court of Virginia are publicly accessible. Copies of administrative records may be requested as provided in Rule 11:5, and may include:
(i) financial records, including but not limited to travel expense vouchers, purchase orders, and records of payments to court-appointed attorneys, guardians ad litem, and experts;
(ii) statistical information derived from the aggregation of a subset of individual case records;
(iii) policies other than those determined to be confidential pursuant to subsection (b)(ii) of this Rule; and
(iv) court forms. Such records are to be provided in a format approved by the Executive Secretary.
(b) In order to protect the administration of justice, the deliberative process, and the privacy and safety interests of judicial officers, court personnel, jurors, and the public, the following administrative records maintained by the Office of the Executive Secretary are not publicly accessible:
(i) legal research, analysis and work product of any attorney, law clerk, or intern working for any person or entity within the Virginia Judiciary;
(ii) records or information collected, notes, correspondence, memoranda, drafts, and work product generated in the process of developing policies or providing guidance relating to the operation of the Virginia Judiciary, and all policies determined to be confidential by the Executive Secretary in consultation with the Chief Justice of the Supreme Court of Virginia;
(iii) preliminary and draft versions of reports, documents, records, evaluations, investigations, and audits or compliance reviews, including materials prepared by a consultant;
(iv) written communications among court personnel, including those maintained either in the Office of the Executive Secretary, or in chambers or offices of judicial officers;
(v) subject to applicable state and federal laws and policies, personnel information concerning identifiable individuals;
(vi) telephone numbers, telephone records or email addresses for justices and judges;
(vii) infrastructure records that expose vulnerability in security of critical systems, including building security, personnel, recordkeeping, information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage, and gas systems;
(viii) training materials, test questions, scoring keys, examination data, and other materials used for employment or certification purposes;
(ix) test scores of a person if the person is identified by name and has not consented to the release of his or her scores;
(x) information created or maintained by or on the behalf of the judicial performance evaluation program related to an evaluation of any individual justice or judge made confidential by § 17.1- 100;
(xi) records, documents, information, data, or other items that are sealed, confidential, privileged, or otherwise protected from disclosure by federal or state law, common law, court rule, or order.

Va. Sup. Ct. 11:4

Adopted April 18, 2019, effective 6/17/2019; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated November 9, 2021, effective 11/9/2021.