« Environment - Several stories on confined feeding; IDEM Responds to STAR Stories on SW Indianapolis Air Quality | Main | Law - Wal-Mart Tries Patience of 7th Circuit Panel »

Monday, March 01, 2004

Indiana Decisions - Star Reports on Indiana Rules "Adopted Last Week"

This story today in the Indianapolis Star, headlined "Justices OK rule limiting access to personal data," has a different take on the rule revision referred to here (or simply scroll down) in the Indiana Law Blog last Friday, Feb. 28.

In an age when information is available at the click of a mouse, the Indiana Supreme Court is clamping down on court records that contain personal information regarding crime victims and witnesses.

In a rule adopted last week, the court is attempting to balance an individual's right to privacy with the public's right to know what happens in court. * * *

"It's been open for the public to see if they come down to the courthouse and get it or have it faxed to them," VanValer Shilts said. "But it's a completely different thing when the information is available on the Internet."

The new rule will take effect next Jan. 1, just before Marion County's criminal court records are expected to go online. Marion County is launching an electronic record-keeping system that will one day be the standard for all courts statewide.

The Supreme Court rule change means information now available in court records -- such as the birth dates of crime victims -- will be off-limits next year. * * *

The rule will allow members of the public to access the confidential records if they can prove an "extraordinary circumstance" or that the opening of the records serves the public interest. Anyone seeking access must notify the individuals whose information they are trying to get. The victims or witnesses will have 20 days to respond.

Stephen Key, who is general counsel for the Hoosier State Press Association and served on the advisory committee, said the state's newspapers and broadcast media will be able to ask the Supreme Court for general access to victim and witness information not available to the general public.

Although the Star reports that the rule adoption has been finalized, I have been able to locate no notice of such: the proposed amendment to Administrative Rule 9 is still found here.

[Update] This afternoon the Supreme Court order, dated 2/25/04, amending Indiana Administrative Rule 9, was posted here on the Court's site. Access the revised Rule 9 directly here. Recall that the amendment takes effect January 1, 2005. Of particular interest is (A)(5): "This rule applies to all court records; however clerks and courts need not redact or restrict information that was otherwise public in case records and administrative records created before January 1, 2005."

Posted by Marcia Oddi on March 1, 2004 08:08 AM
Posted to Indiana Decisions