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Old 03-11-2008, 08:26 PM
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Default State's high court limits Internet access to court records

State's high court limits Internet access to court records | NewsOK.com

By John Greiner
Capitol Bureau

Oklahomans’ access to court records on the Internet will be limited by rules adopted by the Oklahoma Supreme Court today.
The court said individual pleadings and other recorded documents filed in state court actions shall not be publicly displayed on the Internet.

People wanting to see this information can go to the courthouse and view it, the court added .

The rules are effective June 10.

Supreme Court Justices Yvonne Kauger and James Edmondson dissented, saying the court's decision was made with input only from court clerks while others affected by the decision -- attorneys, judges, the Legislature and the public — were not consulted.

"Courts have a responsibility to balance the risk of harm that may be rendered by the disclosure of sensitive information with the need for a fully open court record,” the dissenting opinion stated.

"I think the court and court clerks underestimated the popularity of access to those records. The public and all kinds of businesses and individuals are going to scream," said Mark Thomas of the Oklahoma Press Association.
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Old 03-11-2008, 09:01 PM
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Default Re: State's high court limits Internet access to court records

well there goes one of my stalking resources! funhaters.
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Old 03-12-2008, 07:56 AM
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Default Re: State's high court limits Internet access to court records

In other words, despite the higher filing fees we're all paying, which were raised so that the court clerks could pay for this technology, the court clerks have other financial priorities and made up a B.S. reason to pull these documents off the internet.

I don't suppose they'll drop filing fees back to what they were since they'll no longer need the money to pay for this technology, will they?

Nope.
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Old 03-12-2008, 08:08 AM
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Default Re: State's high court limits Internet access to court records

Crazy. What are they thinking???? Oklahoma was doing a great job of having a terrific cutting edge system but are completely taking themselves out of the game with this decision. I am practicing in Virginia and would LOVE to have Oklahoma's access. I hope they reconsider this.
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Old 03-12-2008, 09:01 AM
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Default Re: State's high court limits Internet access to court records

Some simple rules allowing for the redacting of personal information without a court order and perhaps a small sanction for attorneys and parties who knowingly file paperwork with that sort of information on it would have sufficed.

Justice Kauger's dissent is spot-on. They threw the baby out with the bath water.

Perhaps when a few of the more ancient Justices leave the bench, this rule will be reconsidered.
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Old 03-12-2008, 08:29 PM
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Default Re: State's high court limits Internet access to court records

Have the seniors on the bench been gumming up the works? I used to work for one of them (won't say which one) long years ago. Delightful man.
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Old 03-12-2008, 10:16 PM
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Default Re: State's high court limits Internet access to court records

I read the whole ruling. Apparently, this is "proposed." It doesn't go into effect until June 10th, by which time, the Court will likely get an earful from members of the news media, attorneys, judges, etc.
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Old 03-14-2008, 03:06 PM
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Default Re: State's high court limits Internet access to court records

Here's a puzzler for you. If you're going to file a divorce, what do you do about the UCCJEA, which states in part that:

Quote:
A. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: 43 O.S. 551-209
Do you follow the statute? Or do you follow the court's proposed rule which states:

Quote:
Mandatory Redaction of Personal Data Identifiers

A filer shall refrain from including, or shall partially redact where inclusion is necessary, the following personal identifiers from all pleadings or other documents filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court or as otherwise provided by law:

A. Social Security Numbers. If an individual's social security number must be included in a pleading or other document, only the last four digits of that number shall be used.

B. Taxpayer Identification Numbers. If a taxpayer identification number must be included in a pleading or other document, only the last four digits of that number shall be used.

C. Names of Minor Children. If the involvement of a minor child must be mentioned in a pleading or other document, only the initials of that child shall be used. In the alternative, the filer may refer to the child in the manner that shields the identity of the minor in the context of the proceeding (i.e., by symbol [Child A, Child B]; as Doe1, Doe2; or by the child's status in the litigation [Witness, Victim, Ward, Beneficiary]).

D. Dates of Birth. If an individual's date of birth must be included in a pleading or document, only the year shall be used.

E. Financial Account Numbers. If financial account records are relevant or mentioned in a pleading or other document, only the last four digits of these numbers shall be used.

F. Home Addresses. If a home address must be included in a pleading or other document, only the city and state shall be used.
Don't the court rules completely defeat the purpose of the affidavit required in the UCCJEA? I do realize that the rule says "unless otherwise provided for by law," but really, now, which one is the law? The UCCJEA or the Rule?
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Old 03-14-2008, 03:35 PM
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Default Re: State's high court limits Internet access to court records

All I can say is that in Virginia, they sometimes keep addresses sealed in cases where domestic violence can be demonstrated.
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Old 03-14-2008, 05:10 PM
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Default Re: State's high court limits Internet access to court records

Quote:
Originally Posted by East Coast Okie View Post
All I can say is that in Virginia, they sometimes keep addresses sealed in cases where domestic violence can be demonstrated.
Sure.. The UCCJEA allows that, but if no such allegations are present and an attorney under the new Rule declines to include the residency history and the District Judge dismisses the case for failure to state a claim, what then?

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Old 03-18-2008, 10:03 PM
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Default Re: State's high court limits Internet access to court records

Folks, its about money....................The court clerks can charge for the files if copies are requested.
On the net the can be printed for free....................follow the money
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Old 03-19-2008, 03:59 AM
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Smile Re: State's high court limits Internet access to court records

In all cases, except criminal, let the parties involved choose how detailed the info is. The xxx xx 1234 used for SSN' s seems to work fine in other areas. W/2 children & a divorcee, I do NOT like their names etc all over the web. What about you other parents here? Possibly their initials & month/year of birth would suffice.
This is another example where our society seems to draw lines in the sand on issues that can be worked out easier using some common sense. Rather than emotionally charging the debate from the start!
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Old 03-25-2008, 02:12 PM
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Default Re: State's high court limits Internet access to court records

FYI, the State Supreme Court has rescinded the rule.
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