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Rule 4-202.02. Records Classification.

 

Intent:

To classify courtrecords as public non-public.

 

Applicability:

This rule applies to thejudicial branch.

 

Statementof the rule:

 

(1)  Presumption of Public Court Records. Court reports are public unlessotherwise classified by this rule.

 

(2)  Public Court Records. Public court records include but arenot limited to:

(2)(A)???????? abstractof a citation that redacts all non-public information;

(2)(B)???????? aggregaterecords without non-public information and without personal identifyinginformation;

(2)(C)???????? appellatefilings, including briefs:

(2)(D)???????? arrestwarrants, but a court may restrict access before service;

(2)(E)???????? auditreports;

(2)(F) ??????? case files;

(2)(G)??????? committeereports after release by the Judicial Council or the court that requested thestudy;

(2)(H)???????? contractsentered into by the judicial branch and records of compliance with the terms ofa contract;

(2)(I)????????? draftsthat were never finalized but were relied upon in carrying out an action orpolicy;

(2)(J)???????? exhibits,but the judge may regulate or deny access to ensure the integrity of theexhibit, a fair trial or interests favoring closure;

(2)(K) ??????? financial records;

(2)(L)???????? indexesapproved by the Management Committee of the Judicial Council, including thefollowing, in courts other than the juvenile court; an index may contain anyother index information:

????????????????? ??????????? (2)(L)(i)??????????? amountin controversy;

????????????????? ??????????? (2)(L)(ii)?????????? attorney name;

????????????????? ??????????? (2)(L)(iii)????????? licensed paralegal practitioner name;

????????????????? ??????????? (2)(L)(iv)????????? case number;

????????????????? ??????????? (2)(L)(v)?????????? case status;

????????????????? ??????????? (2)(L)(vi)????????? civil case type or criminal violation;

????????????????? ??????????? (2)(L)(vii)???????? civil judgment or criminal disposition;

????????????????? ??????????? (2)(L)(viii)???????? daily calendar;

????????????????? ??????????? (2)(L)(ix)????????? file date;

????????????????? ??????????? (2)(L)(x)?????????? party name;

(2)(M) ?????? name, business address, business telephone number, andbusiness email address of an adult person or business entity other than a partyor a victim or witness of a crime;

(2)(N)???????? name,address, telephone number, email address, date of birth, and last four digitsof the following: driver?s license number; social security number; or accountnumber of a party;

(2)(O)??????? name,business address, business telephone number, and business email address of alawyer or licensed paralegal practitioner appearing in a case;

(2)(P)???????? name,business address, business telephone number, and business email address ofcourt personnel other than judges;

(2)(Q)??????? name,business address, and business telephone number of judges;

(2)(R)???????? name,gender, gross salary and benefits, job title and description, number of hoursworked per pay period, dates of employment, and relevant qualifications of acurrent or former court personnel;

(2)(S)???????? unlessclassified by the judge as private or safeguarded to protect the personalsafety of the juror or the juror?s family, the name of a juror empaneled to trya case, but only 10 days after the jury is discharged;

(2)(T)???????? opinions,including concurring and dissenting opinions, and orders entered in openhearings;

(2)(U)???????? orderor decision classifying a record not as public;

(2)(V)???????? privaterecord if the subject of the record has given written permission to make therecord public;

(2)(W)??????? probationprogress/violation reports;

(2)(X)???????? publicationsof the administrative office of the courts;

(2)(Y)???????? recordin which the judicial branch determines or states an opinion on the rights ofthe state, a political subdivision, the public, or a person;

(2)(Z)???????? recordof the receipt or expenditure of public funds;

(2)(AA)????? record or minutes of an open meeting or hearing and thetranscript of them;

(2)(BB)????? record of formal discipline of current or former courtpersonnel or of a person regulated by the judicial branch if the disciplinaryaction has been completed, and all time periods for administrative appeal haveexpired, and the disciplinary action was sustained;

(2)(CC)????? record of a request for a record;

(2)(DD)????? reports used by the judiciary if all of the data in the reportis public or the Judicial Council designates the report as a public record;

(2)(EE)????? rules of the Supreme Court and Judicial Council;

(2)(FF)?????? search warrants, the application and all affidavits or otherrecorded testimony on which a warrant is based are public after they areunsealed under Utah Rule of Criminal Procedure 40;

(2)GG)?????? statisticaldata derived from public and non-public records but that disclose only publicdata; and

(2)(HH)????? notwithstanding subsections (6) and (7), if a petition,indictment, or information is filed charging a person 14 years of age or olderwith a felony or an offense that would be a felony if committed by an adult,the petition, indictment or information, the adjudication order, thedisposition order, and the delinquency history summary of the person are publicrecords. The delinquency history summary shall contain the name of the person,a listing of the offenses for which the person was adjudged to be within thejurisdiction of the juvenile court, and the disposition of the court in each ofthese offenses.

 

(3)  Sealed Court Records. The following court records aresealed:

(3)(A)???????? recordsin the following actions:

(3)(A)(i)??????????? Title 78B, Chapter 9, Part 1 ? UtahAdoption Act six months after the conclusion of proceedings, which are privateuntil sealed;

(3)(A)(ii)?????????? Title 78B, Chapter 15, Part 8 ?Gestational Agreement, six months after the conclusion of proceedings, whichare private until sealed;

(3)(A)(iii) ???????? Section 76-7-304.5 ? Consent requiredfor abortions performed on minors; and

(3)(A)(iv) ???????? Section 78B-8-402 ? Actions for diseasetesting;

????????????????? (3)(B)???????? expunged records;

????????????????? (3)(C)???????? orders authorizing installation of pen register or trap andtrace device under Utah Code Section 77-23a-15;

????????????????? (3)(D) ??????? records showing the identity of a confident informant;

????????????????? (3)(E)???????? records relating to the possession of a financialinstitution by the commissioner of financial institutions under Utah CodeSection 7-2-6;

????????????????? (3)(F)???????? wills deposited for safe keeping under Utah CodeSection75-2-901;

????????????????? (3)(G)??????? records designated as sealed by rule of the Supreme Court;

????????????????? (3)(H)???????? record of a Children?s Justice Center investigativeinterview after the conclusion of any legal proceedings; and

????????????????? (3)(I)????????? other records as ordered by the court under Rule 4-202.04.

 

(4)   PrivateCourt Records. Thefollowing court records are private:

(4)(A)???????? recordsin the following actions;

(4)(A)(i)? ????????? Section62A-15-631, Involuntary commitment under court order;

(4)(A)(ii) ????????? Section 76-10-532, Removal from the National Instant CheckSystem database;

(4)(A)(iii) ???????? Title 78B, Chapter 6, Part 1, Utah Adoption Act, until therecords are sealed;

(4)(A)(iv) ???????? Title 78B, Chapter 15, Part 8, Gestational Agreement, untilthe records are seals; and

(4)(A)(v) ????????? cases initiated in the district court filing an abstract ofa juvenile court restitution judgment.

????????????????? (4)(B)???????? records in the following actions, except that the casehistory, judgments, orders, and decrees, letters of appointment, and the recordof public hearings are public record:

(4)(B)(i)? ????????? Title30, Husband and Wife, including qualified domestic relations orders, exceptthat an action for consortium due to personal injury under Section 30-2-11 ispublic;

(4)(B)(ii) ????????? Title 77, Chapter 3a, Stalking Injunctions;

(4)(B)(iii) ???????? Title 75, Chapter 5, Protection of Persons Under Disabilityand their Property;

(4)(B)(iv) ???????? Title 78B, Chapter 7, Protective Orders;

(4)(B)(v) ????????? Title 78B, Chapter 13, Utah Uniform Child CustodyJurisdiction and Enforcement Act;

Child Support Act;

(4)(B)(vii)???????? Title 78B, Chapter 14, Uniform Interstate Family SupportAct;

(4)(B)(viii)??????? Title 78B, Chapter 15, Utah Uniform Parentage Act; and

(4)(B)(ix) ???????? an action to modify or enforce a judgment in any of theactions in this subparagraph (B);?

(4)(C)???????? recordsrelated to determinations of indigency;

(4)(D)???????? anaffidavit supporting a motion to waive fees;

(4)(E)???????? aggregaterecords other than public aggregate records under subsection (2);

(4)(F)???????? alternativedispute resolution records;

(4)(G) ?????? applications for accommodation under the Americans withDisabilities Act;

(4)(H)???????? jailbooking sheets;

(4)(I)????????? citation,but an abstract of a citation that redacts all non-public information is public;

(4)(J)???????? judgmentinformation statement;

(4)(K)???????? judicialreview of final agency action under Utah Code Section 62A-4a-1009;

(4)(L)???????? thefollowing personal identifying information about a party: driver?s license,social security number, account description and number, password,identification number, maiden name and mother?s maiden name, and similarpersonal identifying information;

(4)(M)??????? thefollowing personal identifying information about a person other than a party ora victim or witness of a crime: residential address, personal email address,personal telephone number, date of birth, driver?s license number, socialsecurity number, account description and number, password, identification number,maiden name, mother?s maiden name, and similar personal identifyinginformation;

(4)(N)???????? medical,psychiatric, or psychological records;

(4)(O)??????? nameof a minor, except that the name of a minor party is public in the followingdistrict and justice court proceedings:

????????????????????????????? (4)(O)(i)?????????? name change of a minor;

????????????????????????????? (4)(O)(ii)????????? guardianship or conservatorship for aminor;

????????????????????????????? (4)(O)(iii)????????? felony, misdemeanor, or infraction;

????????????????????????????? (4)(O)(iv)???????? protective orders and stalkinginjunctions; and

????????????????????????????? (4)(O)(v)????????? custody orders and decrees;

(4)(P)???????? nonresident violator notice ofnoncompliance;

(4)(Q)??????? personnel file of a current or formercourt personnel or applicant for employment;

(4)R)????????? photograph, film, or video of a crimevictim;

(4)(S)???????? record of a court hearing closed to thepublic or of a child?s testimony taken under URCrP15.5:

????????????????????????????? (4)(S)(i)??????????? permanently if the hearing is nottraditionally open to the public and public access does not play a significantpositive role in the process: or

????????????????????????????? (4)(S)(ii)?????????? if the hearing is traditionally opento the public, until the judge determines it is possible to release the recordwithout prejudice to the interests that justified the closure;

(4)(T)???????? record submitted by a senior judge orcourt commissioner regarding performance evaluation and certification;

(4)(U)??????? record submitted for in camera reviewuntil its public availability is determined;

(4)(V)???????? reports of investigations by ChildProtective Services;

(4)(W)??????? victim impact statements;

(4)(X)???????? name of a prospective juror summoned toattend court, unless by the judge as safeguarded to protect the personal safetyof the prospective juror or the prospective juror?s family;

(4)(Y)???????? records filed pursuant to Rules 52-59of the Utah Rules of Appellate Procedure, except briefs filed pursuant to courtorder;

(4)(Z)???????? records in a proceeding under Rule 60of the Utah Rules of Appellate Procedure; and

(4)(AA)????? other records as order by the court underRule 4-202.04.

 

(5)   ProtectedCourt Records. Thefollowing court records are protected:

(5)(A)???????? attorney?swork product, including the mental impressions of legal theories of an attorneyor other representative of the courts concerning litigation, privilegedcommunication between the courts and an attorney representing, retained, oremployed by the courts, and records prepared solely in anticipation oflitigation or a judicial, quasi-judicial, or administrative proceeding;

(5)(B)???????? recordsthat are subject to the attorney client privilege;

(5)(C)???????? bidsor proposals until the deadline for submitting them has closed;

(5)(D)???????? budgetanalyses, revenue estimates, and fiscal notes of proposed legislation beforeissuance of the final recommendations in these areas;

(5)(E)???????? budgetrecommendations, legislative proposals, and policy statements, that ifdisclosed would reveal the court?s contemplated policies or contemplatedcourses of action;

(5)(F)???????? courtsecurity plans;

(5)(G)??????? investigationand analysis of loss covered by the risk management fund;

(5)(H)???????? memorandumprepared by staff for a member of any body charged bylaw with performing a judicial function and?used in the decision-making process;

(5)(I)????????? confidentialbusiness records under Utah Code Section 63G-2-309;

(5)(J)???????? recordcreated or maintained for civil, criminal, or administrative enforcementpurposes, audit or discipline purposes, or licensing, certification orregistration purposes, if the record reasonably could be expected to:

(5)(J)(i)? ????????? interferewith an investigation;

(5)(J)(ii) ????????? interfere with a fair hearing or trial;

(5)(J)(iii) ????????? disclose the identity of a confidential source; or

(5)(J)(iv) ???????? concern the security of a court facility;

????????????????? (5)(K) ??????? record identifying property under consideration for sale oracquisition by the court or its appraised or estimated value unless theinformation has been disclosed to someone not under a duty of confidentialityto the courts;

????????????????? (5)(L)???????? record that would reveal the contents of settlementnegotiations other than the final settlement agreement;

????????????????? (5)(M)??????? record the disclosure of which would impair governmentalprocurement or give an unfair advantage to any person;

????????????????? (5)(N)???????? record the disclosure of which would interfere withsupervision of an offender?s incarceration, probation, or parole;

????????????????? (5)(O)??????? record the disclosure of which would jeopardize life, safety,or property;

????????????????? (5)(P)???????? strategy about collective bargaining or pending litigation;

????????????????? (5)(Q)??????? test questions and answers;

????????????????? (5)(R)???????? trade secrets as defined in Utah Code Section 13-24-2;

????????????????? (5)(S)???????? record of a Children?s Justice Center investigativeinterview before the conclusion of any legal proceedings;

????????????????? (5)(T)???????? presentence investigation report;

????????????????? (5)(U)???????? except for those filed with the court, records maintainedand prepared by juvenile probation; and

????????????????? (5)(V)???????? other records as ordered by the court under Rule 4-202.04.

 

(6)  Juvenile Court Social Records. The following are juvenile courtsocial records:

(6)(A)???????? correspondencerelating to juvenile social records;

(6)(B)???????? custodyevaluations, parent-time evaluations, parental fitness evaluations, substanceabuse evaluations, domestic violence evaluations;

(6)(C)???????? medical,psychological, psychiatric evaluations;

(6)(D)???????? pre-dispositionand social summary reports;

(6)(E)???????? probationagency and institutional reports or evaluations;

(6)(F)???????? referralreports;

(6)(G)??????? reportof preliminary inquiries; and

(6)(H)???????? treatmentor service plans.

 

(7)  Juvenile Court Legal Records. The following are juvenile courtlegal records:

(7)(A)???????? accountingrecords;

(7)(B)???????? discoveryfiled with the court;

(7)(C)???????? pleadings,summonses, subpoenas, motions, affidavits, calendars, minutes, findings, order,decrees;

(7)(D)???????? nameof a party or minor;

(7)(E)???????? recordof a court hearing;

(7)(F)???????? referraland offense histories

(7)(G)??????? andany other juvenile court record regarding a minor that is not designated as asocial record.?

 

(8)  Safeguarded Court Records. The following court records aresafeguarded:

(8)(A)???????? uponrequest, location information, contact information, and identity informationother than name of a petitioner and other persons to be protected in an actionfiled under Title 77, Chapter 3a, Stalking Injunctions or Title 78B, Chapter 7,Protective Orders;

(8)(B)???????? uponrequest, location information, contact information and identity informationother than name of a party or the party?s child after showing affidavit thatthe health, safety, or liberty of the party of child would be jeopardized bydisclosure in a proceeding under Title 78B, Chapter 13, Utah Uniform ChildCustody Jurisdiction and Enforcement Act or Title 78B, Chapter 14, UniformInterstate Family Support Act or Title 78B, Chapter 15, Utah Parentage Act;

(8)(C)???????? locationinformation, contact information, and identity information of prospectivejurors on the master jury list or the qualified jury list;

(8)(D)???????? locationinformation, contact information, and identity information other than name of aprospective juror summoned to attend court;

(8)(E)???????? thefollowing information about a victim or witness of a crime:

(8)(E)(i)??????????? business or personal address, email address, telephonenumber, and similar information from which the person can be located orcontacted;

(8)(E)(ii)?????????? date of birth, driver?s license number, social securitynumber, account description and number, password, identification number, maidenname, mother?s maiden name, and similar personal identifying information.

 

EffectiveDecember 5, 2020