However, in view of the possible countervailing interests of confidentiality, privacy or the best interests of the state public access to some court records may be restricted or expanded in accordance with the provision of this rule, or other provisions of law. A Court personnel, who generate or receive paper or electronic records known or marked as containing confidential information, shall identify and segregate the confidential information from the record whenever practicable.
C Upon request, the custodian shall reproduce any record containing public information that would otherwise be closed, by redacting all confidential information from the record unless release of the entire record is prohibited by law. Records that are reproduced after redaction shall contain a disclosure that they were redacted, unless such disclosure would defeat the purpose of the redaction. Identification of redacted records shall include a description of the nature and length of the matters contained therein, unless the description, if given, constitutes a disclosure of confidential information.
Upon request, the custodian shall identify the legal authority for the redaction. Documents containing social security, credit card, debit card, or financial account numbers or credit reports of an individual, when collected by the court for administrative purposes, are closed unless made public in a court proceeding or upon court order. The court is not required to index, compile, re-compile, re-format, program or otherwise reorganize existing information to create new records not maintained in the ordinary course of business.
Removing, deleting or redacting confidential information from a record, or reproducing a record in non-original format, is not deemed to be creating a new record as defined herein. Arizona judicial officers, clerks, administrators, professionals or other staff employed by or working under the supervision of the court shall have such access as needed to carry out their assigned duties and as directed by their supervisor. Employees of federal, state, tribal, and local government agencies and political subdivisions, and private organizations serving a public purpose may be granted such access to court records as required to serve that purpose according to this rule or as provided by any supplemental supreme court policies or court order.
Persons who execute a dissemination contract and disclaimer containing provisions specified by the supreme court may have such access as permitted by paragraph j of this rule. All case records are open to the public except as may be closed by law, or as provided in this rule. Upon closing any record the court shall state the reason for the action, including a reference to any statute, case, rule or administrative order relied upon.
A All records of delinquency and incorrigibility, emancipation, and guardianship under ARS Title 14 are open to the public to the extent provided for in the Rules of Procedure for the Juvenile Court, the Arizona Rules of Probate Procedure, or by law. B All records of proceedings under Rule These records include, but are not limited to, clinical records, medical reports, laboratory statements and reports, or any report relating to diagnostic findings and treatment of juveniles, or any information by which the juvenile or the juvenile's family may be identified, wherever such records are maintained by the court.
However, the bail determination report, any related pretrial service records, the presentence report, and any related probation office records are open to the public when: i ordered by the court, ii filed with the clerk of court or attached to any filed document and not segregated and identified as being closed or confidential, or iii considered or used for any purpose in open court proceedings unless restricted by law or sealed by the court.
C All other information in the adult criminal case files maintained by the clerk of the court is open to the public, unless prohibited by law or sealed by court order. For as long as a plaintiff has the ability by law to have a protective order served or unless otherwise ordered by the court, the custodian shall not make publicly available any information regarding the filing of or contents of a petition for or issuance of a protective order until proof of service of the protective order has been filed with the court.
The custodian may permit law enforcement agencies to access these records when necessary to carry out their official responsibilities. Notes, memoranda or drafts thereof prepared by a judge or other court personnel at the direction of a judge and used in the process of preparing a final decision or order are closed. Electronic verbatim recordings made by a courtroom clerk or at the direction of the clerk and used in preparing minute entries are closed. All administrative records are open to the public except as provided herein:.
Records maintained for human resources purposes concerning individuals who are employees or who perform volunteer services are closed except for the following information:. A full name of individual;. B date of employment;.
C current and previous job titles and descriptions, and effective dates of employment;. E current and previous salaries and dates of each change;. F name of current or last known supervisor;.
G information authorized to be released by the individual to the public unless prohibited by law. H records concerning employee misconduct or discipline, but only on a showing of good cause for release of a record as determined in the process provided in paragraph f 5 of this rule; such records may be accessed by court personnel for official purposes and by an employee who is the subject of the discipline, to the extent such access is permitted or required by applicable personnel policies.
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Unless otherwise provided by law, the names and resumes of final candidates for high-level administrative positions shall be open to the public, after the home addresses, telephone numbers, and other contact information have been redacted. All other records concerning applicants for employment or volunteer services are closed. Records regarding the identity of any appellate judge or justice assigned to prepare a written decision or opinion until the same is filed are closed.
All security plans, codes and other records that provide for the security of information, individuals, or property in the possession or custody of the courts against theft, tampering, improper use, illegal releases, trespass, or physical abuse or violence, are closed. Procurement and bid records are open to the public except as provided herein:.
A Sealed Bids. Sealed bid records are closed to the public prior to opening the bids at the time specified in the bid request. B Invitation for Bid. D Trade Secrets. Bid records designated by the bidder as containing trade secrets or other proprietary data shall remain closed to the public only when the judicial branch unit concurs in the designation. Final administrative documents and reports concerning the operation of the court system are open for public inspection and copying by the custodian on court premises.
Preliminary drafts of such reports, and pre-decisional documents relating to court operations, shall be open once such draft reports and such pre-decisional documents are circulated to any court policy advisory committee or the public for comment. Records maintained in any court law library, clerk's office or court that link a patron's name with materials requested or borrowed by the patron, or that link a patron's name with a specific subject about which the patron has requested information or materials are closed.
This provision shall not preclude a library, clerk's office or court from requiring that the request specify any commercial use intended for the records as provided in paragraph f of this rule. Data or information that would disclose that a user of a remote electronic access system has accessed a particular court record is closed. Record access information shall be accessible by the public only on a showing of good cause pursuant to the process set forth in paragraph f of this rule. A The legal work product and other records of any attorney or law clerk employed by or representing the judicial branch, that are produced in the regular course of business or representation of the judicial branch are closed unless disclosed by the court.
B All notes, memoranda or drafts thereof prepared by a judge or other court personnel at the direction of a judge and used in the course of deliberations on rule or administrative matters are closed. The home and work telephone numbers and addresses of jurors, and all other information obtained by special screening questionnaires or in voir dire proceedings that personally identifies jurors summoned for service, except the names of jurors on the master jury list, are confidential, unless disclosed in open court or otherwise opened by order of the court.
Computer programs or other records that are subject to proprietary rights or licensing agreements shall only be disclosed in accordance with the terms and conditions of the applicable agreements and licenses, or by court order. No records shall be closed to the public solely because access is provided by programs or applications subject to licensing agreements, or because they are subject to proprietary rights. Documents and materials produced and copyrighted by the court are open to public inspection but may not be re-published without proper authorization from the court.
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Evaluation materials and records generated by participants in judicial education programs such as test scores, educational assessments, practical exercise worksheets, and similar materials are closed. Proprietary materials required to be submitted to the Supreme Court by applicants for certification or licensing are closed.
Applicants for certification or licensure shall be responsible for clearly identifying any material they consider to be proprietary at the time the material is submitted. A request to inspect or obtain copies of records that are open to the public shall be made orally or in a written format acceptable to the custodian. The request shall specify any commercial use intended for the records. All requests for copies must include sufficient information to reasonably identify what is being sought.
The applicant shall not be required to have detailed knowledge of the court's filing system or procedures. Upon receiving a request to inspect or obtain copies of records, the custodian shall promptly respond orally or in writing concerning the availability of the records, and provide the records in a reasonable time based upon the following factors:. A Immediate availability of the requested records;.
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B Specificity of the request and need for clarification;. C Amount of equipment, materials, staff time and other resources required to satisfy the request; or. D Whether the requested records are located at the court or in off-site storage. A Applicants who request records for non-commercial purposes shall not be charged any fee for the cost of searching for a record or redacting confidential information from a record, except as provided by statute, nor shall they be required to disclose the intended purpose or use of the records. If no fee is prescribed by statute, the custodian shall collect a per page fee based upon the reasonable cost of reproduction.
Public Records Requests should be made directly to the agency where the records reside.
Please read Title 39 of the Arizona Revised Statutes to learn more about accessing public records. Personal records are covered by statute and are under restricted access. Birth certificates are closed for 75 years, death certificates are closed for 50 years. Adoption records, probate records involving juveniles, school student records and Arizona State Hospital records of patients are closed.