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Proposed Superintendence Rules Regarding Access to Ohio Court Records
Sue Altmeyer, Electronic Services Librarian, sue.altmeyer@law.csuohio.edu | November 21, 2007 - 09:36
The Ohio Supreme Court issued proposed Superintendence Rules which, if adopted, will govern all Ohio courts concerning the sealing of records and redacting of information. The proposed rules:
- Define "court record", and state that court records shall be made available for public access.
- Provide for partial redaction or omission of social security numbers
and other identifying information.
- Provide that a party to a case, or person whom the information is about, may request that the court limit access to case information. The court can limit public access, if it finds that the presumption of allowing public access
is outweighed by a higher interest" after considering a list of four factors. The court must use the least restrictive means of limiting access.
- Create a procedure where any person can request access to documents or information that has been granted "limited public access".
- Create rules for bulk distribution of court information and custom compilation of the information.
Public comments on Proposed Rules 44 through 47 will be accepted until Dec. 19, 2007. See Supreme Court Press Release, Nov. 16, 2007. The rules were based upon the Privacy and Public Access Subcommittee
of the Supreme Court Advisory Committee on Technology's Final Report.
Open records advocates are keeping an eye on the proposed rules. Frank Deaner, executive director of the Ohio Newspaper Association, disapproves of the courts making rules to police their own records.See Jim Provance, Ohio Plan May Shield Court Data from Public View, Toledo Blade, Nov. 20, 2007.
