Protecting the Public’s Confidential Information in Civil Records
Approved for 1.0 hours of General CLE Credit including 1.0 hours of Technology or Ethics.
PROTECTING THE PUBLIC’S CONFIDENTIAL INFORMATION IN CIVIL RECORDS. CHANGES TO RULE 2.420: PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL BRANCH RECORDS
Effective July 1, 2021, clerks of court are no longer responsible to review civil filings to screen out confidential information before putting those documents in public court files, leaving it entirely up to lawyers to ensure their clients’ protected information remains safe.
The Supreme Court on January 21, 2021, acting on its own motion, amended Rule of Judicial Administration 2.420, which governs access to court records, to end the independent duty of clerks — separate from filing attorneys — to review civil and small claims filings, and identify and remove sensitive personal information that is protected under the rule.
Rule 2.420 sets out 23 categories of information that are automatically confidential in court records, covering such things as Social Security numbers, health records, bank account numbers, addresses of domestic violence victims, estate inventories and accountings, and juvenile delinquency records. Filers — including lawyers — are required to identify information that falls in those exemptions and notify clerks when they submit information through the statewide e-filing portal.
Filers are also required to notify the clerk of information not in the automatic categories but that might be confidential under statute or other provisions and to seek a judicial determination on keeping that information confidential.
- Who Needs to Know About the Changes?
- An Overview of the Rule Change
- The 23 Types of Confidential Information
- Where Do the Rule 2.420 Changes Apply?
- Steps for Removing Confidential Information
- What Exactly Does This Mean?
- Accessing the Right Forms
- Complete the Forms Fully and Accurately
- What If It Is Not Considered Confidential?
- Why Is It So Important for Filers to Follow the Rule 2.420 Changes?
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Post CLE Credits
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