JIS Data Dissemination Committee
January 24, 2003
Friday, January 24, 2003
JIS Data Dissemination Subcommittee Members:
The minutes of the September 27, 2002 meeting were approved as written.
III. New Business
JIS Electronic Data Dissemination Contract Issues
1. Should the resale of public index data in bulk be allowed?
2. Should the insurance requirements be modified to reflect the lower risk inherent in some of the data sold?
3. Are e-commerce business practices sufficient to meet the contract requirement that public index purchasers screen, verify the identification of its potential subscribers, and obtain a written agreement with each of its subscribers?
The committee discussed each issue. Members asked about the underlying rationale for the prohibition on resale. Mr. Backus noted that it was intended to support other contract provisions that force the buyer to keep the data current. The buyer must use only the most current version of the file. Sellers receive weekly updates to the superior court index and quarterly updates to others. Members questioned the need for these provisions with respect to a probate case index which is the subject of the current request. Probate cases are almost never.
Members asked about how insurance requirements are established. AOC gets some advice from the Department of General Administration. Tom Clarke also noted that the contract section at the Department of Information Services now has a contracts officer with whom we can consult.
The committee noted the need for buyers of the indexes to tell their clients how current the data is.
The committee approved a motion that 1. a data purchaser’s use of a click through agreement for its third party clients is in compliance with the data dissemination contract and 2. the contract be amended to include a requirement that data purchasers are required to use include in standard disclaimers a disclosure of the currency of the information provided.
The committee tabled the resale and insurance issues to the next regular meeting.
IV. Old Business
Status Report on Vacation of Judgments
1. AOC has looked at current practices for entry of vacations into the JIS and found that codes are not being entered consistently. AOC plans to deal with this by including vacation of judgments in its education program.
2. Work on a court rule to implement the legislative intent in the two statutes has not begun. The committee needs to decide how to proceed.
3. The AOC drafted additional language for the vacation of judgment forms to a request to seal, but found several problems with the sealing option under GR 15 and with the current system. Staff recommend that, until a new rule is adopted, only adding a section to the Vacation of Misdemeanor and Gross Misdemeanor Convictions brochure informing the person that he/she may want to also request that the case be sealed.
Judge Grosse noted the need for a thorough review of GR 15 after the public access court rule is adopted and that issues like the implementation of the vacation of judgments statutes should be included. The committee approved a motion to table issues 2 and 3 until that review. The AOC will go ahead with the education program.
Comprehensive Public Access Court Rule
V. Future Meetings
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