Speakers: Gypsy Bailey, Staff Counsel, Leon County Clerk’s Office Katie Glynn, Staff Counsel, Marion County Clerk’s Office.
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Transcript Speakers: Gypsy Bailey, Staff Counsel, Leon County Clerk’s Office Katie Glynn, Staff Counsel, Marion County Clerk’s Office.
Speakers:
Gypsy Bailey, Staff Counsel, Leon County Clerk’s Office
Katie Glynn, Staff Counsel, Marion County Clerk’s Office
THE BIG PICTURE OF THE ELECTRONIC WORLD
Goals
Create a fully electronic court system to increase efficiency and lower costs for
all involved – example is the Manatee model
Provide the public with electronic access to non-confidential court records – FSC
approved project in Manatee regarding online records
Necessary Steps
Transition from permissive efiling to mandatory efiling for attorneys
Transition from attorney-only use of eportal to public use of e-portal
Transition from postal service to electronic service of court records
Reduce the amount of extraneous personal information in court records
Transition from limited access of court records on the Internet to broad access
for the public
And for Clerks, insure that confidentiality requirements are met along the way!
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DEFINITIONS
Confidential
Court Records
Public Records
Redaction
Sensitive Documents
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CLERK CONFIDENTIALITY
Rule 2.420, Florida Rules of Judicial Administration - Public Access to Judicial
Branch Records
Rule 2.425, Florida Rules of Judicial Administration - Minimization of the Filing of
Sensitive Information
Rule 2.525, Florida Rules of Judicial Administration - Electronic Filing (see also
Rules 2.515, signatures of attorneys and parties); 2.516, service; and 2.520,
documents)
Florida Statutes
FS 28.2221 – clerk may not place image or copy of public or official website on
public website if it is one of the following types: Military discharge; death
certificate; court files, records, or papers relating to matters or cases governed
by the Rules of Family Law, Rules of Juvenile Procedure, or Probate Rules.
Chapter 119 – Public Records
FS 668.50 – electronic commerce, esignatures
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CLERK CONFIDENTIALITY (CON’T)
Florida Supreme Court orders
AOSC03-49 ("effective immediately and until further order of this Court, no court
record as defined by Rule of Judicial Administration 2.051(b)(1)(a) shall be released in
any electronic form by a Florida Clerk of Court except as provided herein.“)
AOSC04-04 (withdrew AOSC03-49, provided exceptions to the “no release” restriction
AOSC06-21 (allowed docket information to be released electronically, including final
orders and judgments, as long as no confidential information was released)
AOSC07-49 (clarified that “traffic court records” meant civil traffic; permitted
electronic release of full DOB of defendant’s in criminal cases); and permitted clerks
to provide attorneys with remote electronic access to records in which the entire court
file is not confidential)
AOSC09-30 (provided statewide standards for electronic access to the courts)
AOSC10-17 (provided standards for electronic recordkeeping systems)
For others, see http://www.flcourts.org/gen_public/technology/statutesRules.shtml
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CLERK CONFIDENTIALITY (CON’T)
Local Administrative Orders and court orders
Federal laws – Driver License Protection Act (FS 119.0712(2))
Clerk Access to Agency Databases
DHSMV – requires MOU, employees briefed on confidentiality requirements,
criminal and civil penalties, procedures Clerks must comply with
How interpretation of the laws may in different Clerk practices
Chapter 119 permits LEO to request removal of their/family names and
addresses from records; some Clerks read Rule 2.420 as “trumping” this chapter
and require the filing of motions
Changes in the law
As of 01/01/12, paper requests to remove SSN, credit, debit, and bank card #s
are no longer required and Clerk must insure these are not released
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CLERK RESPONSIBILITIES
Ministerial – assist those who represent themselves but no providing legal
assistance
Do these duties change in the electronic vs. paper world?
Draft Best Practice recommends how to define case and sub types, and
document groups, on the portal
Critical that IT and court personnel work in tandem
Notice of Confidentiality of Information in a Court Filing
Motion to Determine Confidentiality of Records
Civil vs. criminal duties under Rule 2.420
Clerk policies/procedures
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TYPES OF RECORDS
Paper
Electronic
Data
Subscription v. Public
Reports
“Bulk”
Filings – efilings, eservice
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UNIQUE ISSUES
Ex Parte motions in Marion
Notices of Confidentiality that need better specificity - Marion
Chapter 119 issues like “criminal investigative information” and “confession” Leon
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QUESTIONS
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CONTACT INFORMATION
Gypsy Bailey
Katie Glynn
Staff Counsel/Director of Courts
Staff Counsel
Leon County Clerk’s Office
Marion County Clerk’s Office
PO Box 726
PO Box 1030
Tallahassee, FL 32302-0726
Ocala, FL 34478-1030
(850) 577-4011
(352) 671-5603
[email protected]
[email protected]
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