Saturday, November 15, 2008

New Rules on Public Accessiblity to Indiana Trial Court Records

Court amends public accessibility, other rules
The Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality.

An order dated Oct. 6 dictates access to court records and says trial courts may manage access to audio and video recordings of its proceedings to the extent that may be deemed appropriate and not interfering with court operations. Justices reached a decision on the issue late last week during a weekly conference.

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"This doesn't attempt to create a formula," Justice Dickson said. "It's basically an operational call by the clerk, and the clerk is to come up with what they find appropriate for designations to meet the rule and comply with statutory obligations."

In the order, the court also amended its rule regarding court record security and added commentary that includes examples of what judges can do to ensure recordings aren't altered.

"The court is required to preserve the integrity of audio and video recordings of court proceedings," the rule states, adding that options include supervised playback for listening or copying, creating a copy of the record for use during playback, and notifying the involved parties about the accessed record.

Rule revisions take effect Jan. 1, 2009.
The Order amending the rule is online here (PDF format) while the current Administrative Rules are here (html format).