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STATE AND FEDERAL POLICY
ON ELECTRONIC ACCESS TO COURT RECORDS
Subcommittee Members
Deborah Eisenberg
Chris Rahl
Marcia Reinke
Warren Weaver
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“State and Federal Policies on Electronic Access to Court Records”
Summary Report
The following report includes an overview of the current status of electronic
access to court records by the 49 states (excluding Maryland), the District of Columbia,
and the Federal Judiciary, and detailed information on the specific policies and practices
of 13 individual states.
Research shows that 17% of all the states (9 states) employ some type of dial-up
access program to obtain court records, while 31% (16 states) offer limited-to-substantial
free or inexpensive web access to court records. Most states that provide electronic
access to court records exclude statutory, court or rule-based “confidential” information,
such as: juvenile records, Social Security numbers, financial records and medical history.
A little more than half the states (52% - 26 states) offer little or no electronic
access to court records. While some of these states are only at the stage of analyzing the
issues related to electronic access to court records, others do offer web access in certain
jurisdictions.
Current findings indicate that states do not differentiate between paper and
electronic records and are striving for greater availability to court record information on
the Internet. Most states commented that technical and financial barriers prevented open
electronic access to court records, not privacy concerns.
Exhibit A of this report provides an overview of the federal court policy on
electronic access to court records, as well as a list of specific states that currently allow
the public to access records electronically. The selected states are: Arizona, California,
Colorado, Connecticut, Florida, Massachusetts, New Jersey, New Mexico, North
Carolina, Oregon, Tennessee, Virginia, and Washington.
Exhibit B of this report lists all of the states and shows the extent to which
electronic access to court records exists in each state.
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TABLE OF CONTENTS
STATE PAGE
Arizona.....................................................................................................................4
California .................................................................................................................5
Colorado...................................................................................................................6
Connecticut ..............................................................................................................7
Florida ......................................................................................................................8
Massachusetts.....................................................................................................9-10
New Jersey.......................................................................................................11-12
New Mexico...........................................................................................................13
North Carolina........................................................................................................14
Oregon....................................................................................................................15
Tennessee...............................................................................................................16
Virginia ..................................................................................................................17
Washington............................................................................................................18
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STATE: ARIZONA
Policy on Electronic
Access
Current court rules authorize on-line, remote electronic
access to certain court records. Current rules apparently
contemplated only direct dial-up access—not widespread
internet access. Ad hoc committee recommended
widespread internet access to most courts.
Confidential
Information
Ad hoc committee recommended that exclusions include:
social security numbers, financial account numbers,
credit/debit card numbers, domestic, juvenile, mental health,
and probate matters. Ad hoc committee also recommended
restricting bulk commercial requests.
Civil Record Subject to exclusions noted, ad hoc committee
recommended general access to most civil case materials.
Criminal Record Subject to exclusions noted, ad hoc committee
recommended general access to most criminal case
materials.
Fee Yes, authorized by current court rules.
Other
Task Force Yes
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STATE: CALIFORNIA
Policy on Electronic
Access
Current court rules encourage courts to permit electronic
access through the internet and through public, off-site
terminals. Recent statewide court rules have been submitted
for public comment that would provide for uniform system
of electronic access.
Confidential
Information
Current rules exclude family, child support, juvenile, mental
health, probate, or criminal matters. Proposed rule excludes
same types of matters. Proposed rules do not foreclose
bulk, commercial requests, but leave such decisions to each
individual court.
Civil Record Current rules provide that available civil information should
be accessible only by case name or number.
Criminal Record Not available.
Fee Authorized by proposed court rule.
Other
Task Force Yes.
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STATE: COLORADO
Policy on Electronic
Access
Fee-based internet access to state's ICON system (Integrated
Colorado On-Line Network) at www.CoCourts.com. State
website offers real-time internet access to certain civil, civil
water, small claims, domestic, felony, misdemeanor.
Confidential
Information
Excludes probation matters, personal financial information
(e.g., social security numbers, account records/numbers),
juvenile, mental health, sealed files, information related to
victims of crime, and draft opinions, notes and/or internal
court memos.
Civil Record Subject to exclusions noted, case information can be
searched by name or case number (civil, civil water, small
claims, and domestic).
Criminal Record Subject to exclusions noted, case information can be
searched by name or case number (felony, misdemeanor,
and traffic).
Fee Yes, $5/search.
Other
Task Force
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STATE: CONNECTICUT
Policy on Electronic
Access
Fee-based dial-up and free internet access to limited civil
and family matters. System is known as the "Judicial
Information System". State also maintains certain public
access terminals in each courthouse.
Confidential
Information
No access to personal financial information (e.g., social
security number), or sealed matters.
Civil Record Limited civil and family matters. Can search by party
name, case#, calendar/docket reference. Can use system to
check disposition/status, but cannot view content of
individual pleadings.
Criminal Record Not accessible.
Fee Monthly and usage fees for dial-up access; no fee for
internet access.
Other
Task Force Several court-directed initiatives involving electronic access
are underway.
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STATE: FLORIDA
Policy on Electronic
Access
Electronic access authorized by statute. No statewide
uniformity, but some local clerks have made certain public
records available through the internet. Court workgroup has
recently issued its report regarding recommended changes
and need for statewide access.
Confidential
Information
Court rule authorizes disclosure of public records except
those portions containing: examination questions
administered by a state agency and active criminal
intelligence information (including confidential informant
and law enforcement investigative techniques).
Civil Record Certain limited information is, or will soon be available in
various jurisdictions. See e.g., Palm Beach County at
www.co.palm-beach.fl.us/jisweb/civis.htm.
Criminal Record Certain limited information available in various
jurisdictions. See e.g., 20th Jud. Circuit at
cjis.cjis20.org/default.asp.
Fee Yes, authorized by court rule.
Other Court opinions, certain briefs/orders available at
www.flcourts.org.
Task Force Yes.
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STATE: MASSACHUSETTS
Policy on Electronic
Access
A dial-up access system for a fee (not specified) exists in the
Superior (trial) Courts, the Appeals Court and the Supreme
Judicial Court. They use a proprietary system called,
"Forecourt." It is available only to lawyers and court
personnel. The state is working toward a fee system for the
web.
Paper and electronic records available only on a court-by-
court basis in the courthouses. No central repository exists
for court records.
Confidential
Information
Massachusetts does not define the "record" differently for
access purposes and there is technically no difference
between the paper "record" and the electronic "record." All
records are public unless subject to the statutes, rules and
regulations which prohibit publication of information, such
as: children’s services, paternity and adoption matters,
medical histories, certain family court issues and financial
statements, all juvenile records and many criminal records.
A task force recommends that the following categories of
information available on paper, be excluded from the web:
party street and e-mail addresses, party telephone and fax
numbers, Social Security and other identifying numbers for
any person.
Civil Record No distinction between criminal, general civil, family and
probate dockets so far as electronic access is concerned.
Categories not available on a paper basis will not be
available electronically. Civil business is wide open,
subject only to impoundment orders and matters restricted
by statute or court rule.
Criminal Record Complaints and indictments accessible to public.
Excluded: prior convictions, police reports, and places of
incarceration.
Sealed records - when defendant is found not guilty, or no
bill is returned by the grand jury, or there has been no
finding of probable cause.
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Fee A fee is being considered for public access to electronic
records but no decision has yet been made.
Other Dissemination of docket information will be the first phase.
Docket information includes: case caption, party
names/roles, docket number, trial court department,
division, court location, subject of the case, names of
lawyers, addresses and telephone numbers, docket entries,
calendar of next events, judge assigned or judges who have
acted on the case).
Electronic access to actual documents (e.g. complaints,
motions and affidavits) would be the second phase of
dissemination. Eventual goal is to have all documents on
the web.
Concerns:
1) Unproven documents.
2) Invasive use by marketers, admissions officers, housing,
employment.
3) Fingerprint or other identity protections.
Search:
Cases will be searchable by party names, judge, docket
number, calendar event date, subject and name of lawyer.
Databases will not be searchable by any identification
number personal to a party such as telephone number or
address.
Task Force Yes.
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STATE: NEW JERSEY
Policy on Electronic
Access
Electronic access is obtained by calling an 800 number
associated with the Judiciary computer and entering a
Remote-ID number, then a User-ID and password to access
the Inquiry system.
Confidential
Information
Confidential: Personnel and pension records, medical
records, social security numbers.
Excluded info: No actual text of docketed documents;
impounded cases; Supreme Court case information.
Civil Record The Court Records Inquiry System makes available case &
judgment information on the “Civil Automated Case
Management System” (ACMS) and the “Family Automated
Case Tracking System” (FACTS).
ACMS is the caseload management & record keeping
system for the:
Superior Court: Law Division – Civil & Special Civil Parts
Chancery Division – General Equity & Foreclosure
Appellate Division
Superior Court Civil Judgment & Order Docket
Archival Management Information System for cases no
longer active w/ACMS
Subscribers can look up information by docket number,
judgment number or party name. Available case
information includes: complete listing of documents filed,
orders entered, proceedings scheduled, motion dispositions,
lists of parties & their status (e.g. active, defaulted, settled),
and attorneys.
FACTS is a caseload management & record keeping system
to support the Superior Court Family Part & Family
Probation services. It includes the following case types:
Juvenile/Family Crisis, Adoptions, Child Placement, Non-
Dissolution, Guardianship, Juvenile Delinquency,
Dissolution, Abuse & Neglect, Domestic Violence, &
Juvenile Probation Tracking and Supervision.
*Only FACTS DISSOLUTION case info will be offered for
electronic access at this time.
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Criminal Record No criminal information is accessible through the Inquiry
system yet.
Fee Initial fee of $500 to set-up a collateral account with the
court. Balance of $300 must remain in account. User fee:
$1.00 per minute
Other The Inquiry System provides access to the same
information, which can be found through the public access
terminals at the courthouses. Use of the terminals is free.
Task Force Yes.
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STATE: NEW MEXICO
Policy on Electronic
Access
Electronic access is available to the public through internet
websites.
Confidential Information Medical & treatment records, juvenile records, adoption
records, substance abuse treatments
Civil Record The website, www.technet.nm.net/menu/metro-ct.htm,
provides a “case look-up” system of the Second and Fifth
District courts by inputting information into a field or a
combination of fields (e.g. name, date of birth, filing date,
social security number, driver’s license state).
A user name & password are required for background, civil
case or general inquiries. User can view “index
information.” User can also download codes and
descriptions to decipher dockets.
Criminal Record The website, www.metrocourt.state.nm.us, provides
information on criminal court dockets.
No user name or password is required.
User can view: names, aliases, crimes committed.
Fee Technet charges a dial-up access charge of $37.03 (set-up
fee) and then $10-40 per month for usage (depends on the
number of hours logged).
Other The state is organizing a “Criminal Justice Information
Management Team” composed of about 6 agencies,
including:
District Attorney’s office, Public Defender’s Office, Public
Safety, Judiciary Committee.
Task Force Yes.
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STATE: NORTH CAROLINA
Policy on Electronic
Access
North Carolina maintains 2 mainframe applications called,
“VCAP,” – for civil and criminal information. The public
can access the mainframes from the clerk’s office in each
county.
The public can also access court records via an internet
website.
Confidential
Information
Confidential: Juvenile records, drug/alcohol related
proceedings.
Excluded: Social security numbers, home addresses.
Civil Record The “VCAP” system allows for statewide inquiry into
estates, special proceedings and all civil actions.
Public can view “index information” – party names, issue,
docket/case number, and some judgments from special
proceedings cases.
Criminal Record The public has access to statewide district court, superior
court and misdemeanor criminal records.
Public can view the information by each county.
The internet site, www.aoc.state.nc.us, provides access to a
statewide criminal calendar for the district and superior
courts. The user can view name, charge and court date.
The site also provides access to a “criminal index query.”
The query search produces names, dates of birth, trial dates,
courtroom numbers, and case/citation numbers.
Fee None.
Other
Task Force
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STATE: OREGON
Policy on Electronic
Access
Oregon has a subscription based website that provides
access to the same court information as can be found via
paper means.
Confidential
Information
Juvenile records, social security numbers, medical
history/treatment, financial records.
Civil Record
Criminal Record
The subscription based, “Oregon Judicial Information
Network,” (OJIN) provides access to the same civil and
criminal information that can be retrieved from the public
access terminals.
URL: www.OJD.state.or.us/ojin
Since the OJIN system resides on a network of 18
computers that can be accessed through this OJIN OnLine
service, the public can view, download and print standard
case mgmt info: case class/type, parties, attorneys,
summaries of charges & documents, register of actions, and
any other court record stored in the courthouses.
Fee 1 time set-up fee of $275 + resource utilization fee of
$8/hour.
Access can be free for government agencies and nonprofit
groups.
Other
Task Force
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STATE: TENNESSEE
Policy on Electronic
Access
Tennessee has limited access to case information on its
webpage. There is no home electronic access to court
records, other than what is provided on its website. The
clerk’s office provides electronic information via e-mail,
CD-ROM, or Diskette. The Administrative Office of the
Court decides how case records are made available to the
public. The Clerk’s Office is the central repository.
Tennessee does not have any policies to address misuse of
information.
Confidential
Information
Social Security numbers are kept confidential, but home
telephone numbers and home addresses are available.
Disclaimers are usually included on felony judgment cases.
Civil Record Any information, not under seal by the State or the Court, is
available to the public.
Criminal Record Any information, not under seal by the State or the Court, is
available to the public. There are no specific protections to
criminal records, unless indicated in a statute.
Fee There is no fee charged for small requests for information.
The court will typically charge a fee for large document
requests, such as a request for multiple background checks.
Other
Task Force Yes. The Court is currently in the process of examining
their policies on electronic access.
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STATE: VIRGINIA
Policy on Electronic
Access
Virginia has an open record policy on public access to court
documents. Records are an abstract of the case with entries
made by the clerk of the court. Records are not identical
copies of the actual documents. There is a central repository
in the Supreme Court’s main database. The Supreme Court
makes the rules regarding electronic access to court
documents. Virginia uses its disclaimer to address any
misuse.
Confidential
Information
Confidential: Social Security numbers
Excluded: Street addresses (not city and state); Birth Year
(not month and day); Juvenile records and adoption
proceedings.
“Optional” information is entered at the discretion of the
court. A disclaimer is provided once a user enters into the
system, which states that there is no implied warranty to the
accuracy of the information contained.
Civil Record Any information, not under seal by the State or the Court, is
available. The Supreme Court makes the rules.
Criminal Record Criminal Justice agencies and the Department of Motor
Vehicles are able to get all necessary information regarding
a person’s social security number and date of birth, if
authorized by the state. Official repository for criminal case
history is the state police department.
Fee No fee to dial-up users. Anyone with internet service can
use the system. No subscription is necessary.
Other
Task Force No subcommittee is currently working on the state’s
policies to electronic records, but the system is continually
evolving and changing.
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STATE: WASHINGTON
Policy on Electronic
Access
Washington has an electronic system called, “State Case
Management.” The system contains information pertaining
to the status of the case. The system does not show an
actual copy of the documents or pleading, only an abstract
of such documents. The system is a statewide case system
with a central repository in the Supreme Court. The
Supreme Court makes the rules on electronic access
policies. Misuse is addressed under the state’s data
dissemination policy.
Confidential
Information
Excluded (unless otherwise permitted by law):
Social Security numbers, addresses, home phone numbers,
credit card information, and all other identifying
information
Civil Record Any information, not under seal by the State or by the
Court, is available. The Court will not include paternity
case records or adoption case records.
Criminal Record Excluded:
The Court will not include juvenile records.
Fee State laws allow for a fee to be charged to dial-up users.
Records are available via free public terminals at the
courthouses.
Other
Task Force Yes. Currently, there is a task force looking at the state’s
policies to create a more efficient and uniform policy.
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EXHIBIT A
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FEDERAL COURT
Policy on Electronic
Access
The Federal Courts have a case index, which is a part of a
PACER (Public Access to Court Electronic Records)
system.
The system allows access through the internet, for district
(criminal and civil matters), bankruptcy and appellate court
matters. Registration is required, and then a person receives
a Logon name and number. No central repository exists.
Records are electronically available on a court by court
basis. The Legislature gives the Judicial Conference
Committee the power to make the rules and guidelines for
electronic information.
The majority of bankruptcy courts and some district courts
have an electronic filing system in addition to PACER.
Confidential
Information
Generally, Social Security numbers and disclaimers are not
included.
Civil Record Some courts provide imaging of civil documents and docket
entries, while others only have docket entries. No
nationwide policy exists.
Criminal Record Some courts provide imaging of criminal documents and
docket entries, while others only have docket entries. No
nationwide policy exists.
Fee $.07 per page fee charged.
Other
Task Force Yes. A task force is currently in the process of developing a
nationwide policy. The policy will be submitted to the
Judicial Conference Committee in September 2001.
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