Certain Documents May Be Accessible Under Icar 32 Download

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Introduction – Why are records open? And where do these rules come from?
Dalton v. Idaho Dairy Products Commission, 107 Idaho 6, 684 P.2d 983
(1984) – “Every citizen has a right to inspect and take a copy of any public writing
of this state, except as otherwise expressly provided by statute.”
Public records law – 1990. “Every person has a right to examine and take
a copy of any public record of this state and there is a presumption that all public
records in Idaho are open at all reasonable times for inspection except as
otherwise expressly provided by statute.” I.C. § 9-338(1).
I.C. § 9-340A(2). “The following records are exempt from disclosure . .
.Records contained in court files of judicial proceedings, the disclosure of which
is prohibited by or under rules adopted by the Idaho supreme court, but only to
the extent that confidentiality is provided under such rules, and any drafts or
other working memoranda related to judicial decision-making . . .”
Overview of ICAR 32
(a) Statement of policy.
(b) Definitions.
(c) Special situations where exemptions from disclosure do not apply.
(d) Access to court records and copying.
(e) Access to electronic records.
(f) Compiled information.
(g) Records exempt from disclosure.
(h) Permissive Release of judicial decisions in exempted categories.
(i) Court decisions opening, sealing, or redacting records.
(j) Procedure on requests for records.
I. What records are available?
A. “The judicial department’s declarations of law and public policy and
. . . the records of all proceedings open to the public” – listed in
more detail in subsection (d)
B. Exceptions
1. Records listed in subsection (g)
2. Other records sealed or redacted by order of the court
under subsection (i)
II. The request -- subsection (j)(1)
A. May be made by “any person”
B. Must clearly identify the record so that it can be located without
extensive research; continuing requests for documents not yet in
existence will not be considered
C. Should not ask why the person wants to see the record – I.C. § 9338
D. You may verify the identify of a person seeking otherwise exempt
records about himself or herself
E. You may ask that the request be put in writing, including the
person’s name, mailing address and telephone number
III. Who decides whether to grant the request?
A. Custodian of the records – subsection (j)(2)
1. For case files: the clerk, or a deputy clerk designated in
writing by the clerk
2. For records not in case files: the Trial Court Administrator,
or a judge designated by the ADJ
B. Custodian Judge – subsection (j)(3)
1. For case files: the presiding judge, or a judge designated
by the ADJ
2. For records not in case files: ADJ, or judge designated by
the ADJ
IV. The response – subsection (j)(4)
A. Within 3 working days of receipt of the request, you must:
1. Disclose the record
2. Refer the request to the custodian judge
3. Give written notice of denial
4. Notify the person making the request it will take longer than
3 working days: (1) to decide whether to grant the request;
or (2) to locate or retrieve the requested records. You then
have up to 10 working days from the request to respond.
B. No duty to compile or summarize information contained in records,
and no obligation to create new records
C. Costs for copying
1. $1.00 per page for paper copies of records in case files
2. Otherwise determined by order of the Supreme Court or the
Administrative District Judge in accordance with the
provisions of I.C. § 9-338(8)
V. How does a person challenge a denial? – subsection (j)(7)
A. If denied by the custodian, may file a request for a ruling by the
custodian judge
B. If denied by the custodian judge, may petition the district court
within 180 days after the denial – I.C. § 9-343
VI. Records exempt from disclosure – subsection (g)
(1) Restricted by state or federal law
(2) PSIs, except as provided in ICR 32
(3) Search or arrest warrant affidavits, sworn testimony, and records of
proceedings, pending return of warrant
(4) Unreturned search warrants
(5)Unreturned arrest warrants, except bench warrants, or summonses
– but may be disclosed by law enforcement
(6)“Wiretap” orders, documents and recordings
(7) Grand jury records
(8) Names of prospective jurors and questionnaires
(9) CPA and JCA
1. CPA records
2. Juvenile case records – sealed until admit/deny hearing –
then decision made by judge
(10) Mental commitment records, with exceptions
(11) Adoption records, with exceptions (non-identifying medical
information, or where there is a compelling medical need for disclosure)
(12) Termination records, with exceptions
(13) Consent for minor abortion (judicial bypass proceedings)
(14) Sterilization proceedings
(15) Document filed or lodge in camera (for the court’s viewing only)
(16) Domestic abuse (civil protection order) records, except for orders
(17) Records gathered to assist the court:
1. To determine an individual’s need for counseling
2. To assist in appropriate disposition, including ADR
screening report
3. To provide a recommendation regarding custody of
4. To provide the court with a psychological evaluation of an
5. To provide annual or other accountings by conservators
and guardians, except to interested parties.
6. Family law case information sheet
(18) A reference list of personal data identifiers or an unredacted copy of a
document filed under IRCP 3(c)
(19) Filings in guardianship or conservatorship cases, except for certain
persons, and except for:
1. ROA
2. Letters of guardianship and conservatorship and any orders
regarding the rights and duties of guardians and conservators
3. Order of court regarding bond by a conservator, and the
conservator’s bond
4. Any order concluding or otherwise disposing of the case
(20) Records in child custody, child support, and paternity cases, except
for DHW employees in the performance of their duties, and except for:
1. ROA
2. Any order, decree or judgment, to be drafted in compliance with
(21) Judicial work product
(22) Personnel records, with exceptions
(23) Applications and testing to be included on a court roster
(24) Confidential computer programs and related records
(25) State law library patron records
(26) Allegations of attorney misconduct received by Idaho State Bar
(27) Bar applications
(28) Idaho Judicial Council records
(29) Bulk distribution of electronic court data
VII. Some people may be able to view records anyway – subsection (c)
A. If approved by the custodian judge, state and local official when
examining records in the exercise of their official duties
B. Parties to an action and their attorneys, unless restricted by order
of the court, except for adoption records, termination records,
documents filed or lodged in camera, and family law case
information sheets
C. Disclosure by custodian of statistical information not descriptive of
individual persons
D. Employees exercising right to access of their own personnel files
E. Court personnel working under the supervision of the courts who
are acting within the scope of their duties
VIII. Records may be disclosed, sealed or redacted by order of the court –
subsection (i)
See the last paragraph of this subsection for procedures on handling
sealed and redacted records

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