GR 31
                     ACCESS TO COURT RECORDS


(a)  Policy and Purpose.  It is the policy of the courts to
     facilitate access to court records as provided by Article I,
     Section 10 of the Washington State Constitution.  Access to
     court records is not absolute and shall be consistent with
     reasonable expectations of personal privacy as provided by
     article 1, Section 7 of the Washington State Constitution
     and shall not unduly burden the business of the courts.

(b)  Scope.  This rule applies to all court records, regardless
     of the physical form of the court record, the method of
     recording the court record or the method of storage of the
     court record.  Administrative records are not within the
     scope of this rule.   Court records are further governed by GR 22.

(c) Definitions.

     (1)  "Access" means the ability to view or obtain a copy of
          a court record.

     (2)  "Administrative record" means any record pertaining to
          the management, supervision or administration of the
          judicial branch, including any court, board, or
          committee appointed by or under the direction of any
          court or other entity within the judicial branch, or
          the office of any county clerk.

     (3)  "Bulk distribution" means distribution of all, or a
          significant subset, of the information in court
          records, as is and without modification.

     (4)  "Court record" includes, but is not limited to:  (i)
          Any document, information, exhibit, or other thing that
          is maintained by a court in connection with a judicial
          proceeding, and (ii) Any index, calendar, docket,
          register of actions, official record of the
          proceedings, order, decree, judgment, minute, and any
          information in a case management system created or
          prepared by the court that is related to a judicial
          proceeding.  Court record does not include data
          maintained by or for a judge pertaining to a particular
          case or party, such as personal notes and
          communications, memoranda, drafts, or other working
          papers; or information gathered, maintained, or stored
          by a government agency or other entity to which the
          court has access but which is not entered into the record.

     (5)  "Criminal justice agencies" are government agencies
          that perform criminal justice functions pursuant to
          statute or executive order and that allocate a
          substantial part of their annual budget to those functions.

     (6)  "Dissemination contract" means an agreement between a
          court record provider and any person or entity, except
          a Washington State court (Supreme Court, court of
          appeals, superior court, district court or municipal
          court), that is provided court records.  The essential
          elements of a dissemination contract shall be
          promulgated by the JIS Committee.

     (7)  "Judicial Information System (JIS) Committee" is the
          committee with oversight of the statewide judicial
          information system.  The judicial information system is
          the automated, centralized, statewide information
          system that serves the state courts.

     (8)  "Judge" means a judicial officer as defined in the Code
          of Judicial Conduct (CJC) Application of the Code of
          Judicial Conduct Section (A).

     (9)  "Public" includes an individual, partnership, joint
          venture, public or private corporation, association,
          federal, state, or local governmental entity or agency,
          however constituted, or any other organization or group
          of persons, however organized.

     (10) "Public purpose agency" means governmental agencies
          included in the definition of "agency" in RCW 42.17.020
          and other non-profit organizations whose principal
          function is to provide services to the public.

(d)  Access.

     (1)  The public shall have access to all court records
          except as restricted by federal law, state law, court
          rule, court order, or case law.

     (2)  Each court by action of a majority of the judges may
          from time to time make and amend local rules governing
          access to court records not inconsistent with this rule.

     (3)  A fee may not be charged to view court records at the courthouse.

(e)  Personal Identifiers Omitted or Redacted from Court Records

     (1)  Except as otherwise provided in GR 22, parties shall
          not include, and if present shall redact, the following
          personal identifiers from all documents filed with the
          court, whether filed electronically or in paper, unless
          necessary or otherwise ordered by the Court.

          (A)  Social Security Numbers. If the Social Security
               Number of an individual must be included in a
               document, only the last four digits of that number
               shall be used.

          (B)  Financial Account Numbers. If financial account
               numbers are relevant, only the last four digits
               shall be recited in the document.

          (C)  Driver's License Numbers.

      (2) The responsibility for redacting these personal
          identifiers rests solely with counsel and the parties.
          The Court or the Clerk will not review each pleading
          for compliance with this rule.  If a pleading is filed
          without redaction, the opposing party or identified
          person may move the Court to order redaction.  The
          court may award the prevailing party reasonable
          expenses, including attorney fees and court costs,
          incurred in making or opposing the motion.

                             COMMENT

               This rule does not require any party,
               attorney, clerk, or judicial officer
               to redact information from a court
               record that was filed prior to the
               adoption of this rule.

(f)  Distribution of Court Records Not Publicly Accessible

     (1)  A public purpose agency may request court
          records not publicly accessible for scholarly,
          governmental, or research purposes where the
          identification of specific individuals is ancillary to
          the purpose of the inquiry.  In order to grant such
          requests, the court or the Administrator for the Courts must:

          (A)  Consider: (i) the extent to which access will
               result in efficiencies in the operation of the
               judiciary; (ii) the extent to which access will
               fulfill a legislative mandate; (iii) the extent to
               which access will result in efficiencies in other
               parts of the justice system; and (iv) the risks
               created by permitting the access.

          (B)  Determine, in its discretion, that filling the
               request will not violate this rule.

          (C)  Determine the minimum access to restricted court
               records necessary for the purpose is provided to
               the requestor.

          (D)  Assure that prior to the release of court records
               under section (f) (1), the requestor has executed
               a dissemination contract that includes terms and
               conditions which: (i) require the requester to
               specify provisions for the secure protection of
               any data that is confidential; (ii) prohibit the
               disclosure of data in any form which identifies an
               individual; (iii) prohibit the copying,
               duplication, or dissemination of information or
               data provided other than for the stated purpose;
               and (iv) maintain a log of any distribution of
               court records which will be open and available for
               audit by the court or the Administrator of the
               Courts.  Any audit should verify that the court
               records are being appropriately used and in a
               manner consistent with this rule.

     (2)  Courts, court employees, clerks and clerk employees,
          and the Commission on Judicial Conduct may access and
          use court records only for the purpose of conducting
          official court business.

     (3)  Criminal justice agencies may request court records not
          publicly accessible.

          (A)  The provider of court records shall approve the
               access level and permitted use for classes of
               criminal justice agencies including, but not
               limited to, law enforcement, prosecutors, and
               corrections.  An agency that is not included in a
               class may request access.

          (B)  Agencies requesting access under this section of
               the rule shall identify the court records
               requested and the proposed use for the court records.

          (C)  Access by criminal justice agencies shall be
               governed by a dissemination contract.  The
               contract shall: (i) specify the data to which
               access is granted; (ii) specify the uses which the
               agency will make of the data; and (iii) include
               the agency's agreement that its employees will
               access the data only for the uses specified.

 (g) Bulk Distribution of Court Records

        (1)  A dissemination contract and disclaimer approved by the JIS
             Committee for JIS records or a dissemination contract and
             disclaimer approved by the court clerk for local records must
             accompany all bulk distribution of court records.

        (2)  A request for bulk distribution of court records may be
             denied if providing the information will create an undue burden
             on court or court clerk operations because of the amount of
             equipment, materials, staff time, computer time or other
             resources required to satisfy the request.

        (3)  The use of court records, distributed in bulk form, for the
             purpose of commercial solicitation of individuals named in the
             court records is prohibited.

(h)  Appeals.  Appeals of denials of access to JIS records
     maintained at state level shall be governed by the rules and
     policies established by the JIS Committee.

(i)  Notice.  The Administrator for the Courts shall develop a
     method to notify the public of access to court records and
     the restrictions on access.

(j)  Access to Juror Information.  Individual juror information,
     other than name, is presumed to be private.  After the
     conclusion of a jury trial, the attorney for a party, or
     party pro se, or member of the public, may petition the
     trial court for access to individual juror information under
     the control of court.  Upon a showing of good cause, the
     court may permit the petitioner to have access to relevant
     information.  The court may require that juror information
     not be disclosed to other persons.

(k)  Access to Master Jury Source List.  Master jury source list
     information, other than name and address, is presumed to be
     private.  Upon a showing of good cause, the court may permit
     a petitioner to have access to relevant information from the
     list. The court may require that the information not be
     disclosed to other persons.


[Adopted effective October 26, 2004; amended effective January 3, 2006.]