JIS Data Dissemination Committee

May 25, 2005

MINUTES  

JIS Data Dissemination Committee 

AOC SeaTac Office

Members Present:

Judge Kenneth Grosse, Chair, Division I Court of Appeals

Judge James Heller, Pierce County District Court
Judge Kip Stilz, Thurston County District Court

Siri Woods, Chelan County Superior Court Clerk
Judge Thomas Wynne, Snohomish County Superior Court

Don Horowitz, ATJ

Scott Wetzel, Lexis Nexis

Barb Miner, King County Superior Court

Mark Weiss, WSBA Family Law Section

Brian Backus
John Bell

Call to Order

Judge Grosse opened the meeting and introductions were made.

The minutes from the February 25, 2005 and March 25, 2005 meetings were approved.

The Data Dissemination Contract was presented by Brian Backus.  Mr. Backus explained that the Data Dissemination Committee needed to approve a data dissemination contract for presentation to JISC per GR 31. 

The contract as presented by Mr. Backus was approved except for a few minor changes set forth below:

1.   The committee agreed to add to the definition of “Agreement” – “This agreement applies to electronic access to data and information derived therefrom.”

2.   In section 4 Judge Grosse suggested and the committee agreed to the following changes to section A:

The Licensee agrees to replace the copy of any data it uses or provides its subscribers with the most current version data and within 48 hours after a new version it becomes available.

3.   In Section 5 the Title was changed from Restriction On Use of Index Data” to simply “Restriction On Use of Data.”

4.   Scott Wetzel and the committee agreed to make the following deletion to 5 C:

The Licensee shall not reproduce or distribute or disseminate that data obtained under this Agreement in bulk. , but only in response to an individual record inquiry.  “In bulk” shall include, but is not limited to, via multiple records or on CD-ROM or other electronic or optical media.  (any exceptions to this section are identified in Section 15, Addenda.)

5.   In the Disclaimer, Judge Grosse and Don Horowitz suggested and the committee agreed to the following insertions and deletions:

The Administrative Office of the Courts, the Washington State Courts, Washington State County Clerks: 1) Do not warrant that the data or information is accurate or complete except for court purposes; 2) Make no representations regarding the identity of any persons whose names appear in the data or information; and 3) Deny Do not assume liability for any damages resulting from the release or use of the data or information.  The user should verify the data or information by personally consulting the “official” record reposing at the court of record.

Don Horowitz presented the policy proposal for internet access to court records in Pierce County.  Mr. Horowitz explained that he just received the policy proposal from Pierce County the evening before, but that after first review the policy looked acceptable.  He pointed out the following:

1.         Lawyers and non-lawyers will be treated the same.

            2.         Fees for service will be $125 per year or $25 per month.  $25 set up fee.

            3.         There will be a provision to waive these fees if the applicant is indigent.

The committee agreed and strongly supported Pierce County’s decision to treat everyone the same and not give lawyers preferential treatment.