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Friday, November 04, 2016

Ind. Courts - Comments sought on draft report of Advisory Task Force on Remote Access to and Privacy of Electronic Court Records

The ILB has been following this group since Feb. 4th, using the heading "Will the public have online access to e-filed documents - appellate briefs, trial court orders, complaints, etc." Here is a list of post-Feb. 4th ILB entries.

Here is the comprehensive Task Force webpage. This morning the following was released:

Input sought on online availability of court records

An Indiana Supreme Court advisory group is seeking feedback regarding Internet access to court records. The 21-member Advisory Task Force on Remote Access to and Privacy of Electronic Court Records is responsible for studying best practices and policies on Internet access to court records.

The group met in six public meetings over the past year and compiled a report recommending certain trial and appellate court documents be available online free of charge. Comments on the recommendations will be accepted until December 1, 2016. * * *

Once comments are submitted to the Court, it will review the responses and decide whether to adopt the Task Force’s recommendations. The Task Force was created in 2016. It is made up of attorneys, judges, clerks, and others. Earlier this year it recommended appellate briefs and motions be available online. The Supreme Court considered the recommendations and made the documents available online to the public for free.

Here is direct access to the draft report.

Appellate documents. A brief review of the draft report by the ILB
indicates that online public access to appellate briefs, petitions for transfer, and the like, immediately upon filing, has already been implemented. The ILB believes that this has been a great step forward for the court, and for the public.

Trial documents.
See p. 13 of the draft report, where online public access to most civil orders and criminal final orders is discussed... Public online access to trial pleadings and filings in all case types (except expungement cases) is not under consideration by the task force at this time. In short, if the ILB reads this correctly, there will be no online public access to complaints in, for example, civil cases, in the foreseeable future, although it is possible that at some point the trial court orders will be online. (Note, however, that these are all public documents, and will remain available to the public at the courthouse, and nothing prevents, for example, the ILB, from posting any of these documents, so long as they are not confidential.)

Posted by Marcia Oddi on November 4, 2016 10:55 AM
Posted to Indiana Courts