Data Dissemination Policy

Data Dissemination Policy, 99.3 1

Data Dissemination Policy

EL PASO COUNTY COMBINED COURT

20 EAST VERMIJO, SUITE 105

COLORADO SPRINGS, CO 80903

DATE LAST REVISED: 11/26/99

EXECUTIVE SUMMARY OF POLICY:

§ States that records are presumed to be open to the public;

§ Allows individuals to look at ten (10) case files per day at no charge;

§ Restricts the number of case files available for review per requestor to twenty-five (25) files per day and assesses a fee for viewing eleven to twenty-five case files per day;

§ Allows recovery of $ .75 per page for documents the court sends to parties by fax;

§ Sets forth statutory authority for limiting access of certain records to the public;

§ Defines who is charged fees for record searches.

§ Sets forth an acceptable format for a record research request.

El Paso County Combined Courts

Colorado’s 4th Judicial District

DATA DISSEMINATION POLICY

Records of all courts in the State of Colorado are presumed to be open to any member of the public for inspection or copying at all times during regular office hours of the office having custody of the records. Some data, however, are not accessible to the public pursuant to Colorado statute, Chief Justice Directives, Chief Judge Directives, and case law where appropriate. Data that is classified as restricted, sealed, confidential or private are not subject to this policy.

Requests for data will be evaluated against this policy. Any data provided will be given pursuant to this policy. Although it is our desire and goal to fulfill requests for data in a timely manner, such requests must be considered in light of the potential disruption to the ongoing business of the court, cost, and court staff time.

I. SCOPE & AUTHORITY

A. “[T]he official custodian of any public records may make such rules with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian’s office.” Colorado Revised Statute § 24-72-203(1)(a)

B. The Clerk of Court is responsible for maintaining the court record. As such, the Clerk of Court is the official custodian of record for the El Paso County Combined Court. (See Colo. Rev. Stat. §§ 13-1-101 – 13-1-103; 119; Colo. R. Civ. P. 79 and 379; Colo. R. Crim. P. 55)

C. Accordingly, this Data Dissemination Policy (“Policy”) governs access to the records of the District and County Courts located in El Paso County, 4th Judicial District, Colorado, and may be amended from time-to-time without notice.

D. This Policy does not govern access to records or data of other Colorado courts and applies only to the District and County Courts, El Paso County, Colorado.

II. GENERAL POLICY

A. Data (including records) of the El Paso County Combined Courts are presumed to be open to any member of the public for inspection or copying at all times during the regular office hours. Some data (including records) are not accessible by the public pursuant to statute, Chief Justice Directive, Chief Judge orders or order of the court.

III. DEFINITIONS

A. Clerk of Court or Deputy Clerk. “Clerk of Court” or “Deputy Clerk” is the person employed or appointed for the purpose of administrating the operations of the court, including but not limited the duties of responding to requests for access to records. The Clerk of Court is the official custodian of the court’s data (including records).

B. Court. “Court” means either the District Court or County Court for El Paso County, Colorado, unless otherwise noted.

C. Custodian. The custodian is Judge or court employee who is in possession of the record. The custodian is the person responsible for the safekeeping of any records held by the court. The official custodian of the court is the Clerk of Court.

D. Division Clerk/Assistant Division Clerk/Bailiff. “Division Staff” include the persons employed for the purpose of assisting a Judge in a specific division to process such cases pending before a judge or other judicial officer. For the purposes of this policy, Division staff may act as custodians on behalf of the Clerk of Court if the document requested is in their care and control.

E. Judge. “Judge” means any justice, judge, judicial officer, magistrate, court-appointed arbitrator or other person duly appointed to exercise adjudicatory powers.

F. Records. “Records” means any recorded information that is collected, created, received maintained or disseminated by the court or custodian, regardless of the form or method of storage. A “record” does not necessarily constitute an entire file, as a file may contain several “records”. For purposes of this Policy, court reporter notes are not considered records and shall be available to the court for preparation of transcripts. They shall not be available for public inspection unless specifically ordered by the court. However, tape recorded hearings are considered part of the record.

G. Record Search. A “record search” occurs when court personnel look up case numbers, research case files, copy documents from court files, et cetera. In most instances, the public could perform these activities themselves. A record search fee is assessed when a court employee acts at the request of the public to research court documents on behalf of the public.

IV. GENERAL INFORMATION REGARDING ACCESSIBILITY TO COURT RECORDS

A. In General. All case records are accessible to the public except those records set forth in Exhibit A. Such records are specifically closed for public inspection pursuant to statute, Chief Justice Directive, Chief Judge Directive or, where appropriate, case law. (See CJD 98-05)

B. Judicial Work Product and Drafts. All notes, memoranda or drafts thereof prepared by a judge, court employed attorney, law clerk, legal assistant, or other court employee used in the process of preparing a final decision or order is not available to the public.

C. Restricting access. Procedures for restricting access to cases shall be made as provided in the Rules of Civil or Criminal Procedure or pursuant to Chief Justice Directive 98-05, as amended. For court documents and materials specifically prohibited from public access in the El Paso County Combined Courts, see Chief Judge Directive 99-XX.

D. Electronic data. “Electronic data” is any data stored on the Colorado Judicial Branch computers (including, but not limited to ICON and other software on State owned computers.) The release of electronic data is specifically regulated by the policies set forth by the Public Access Committee, Office of the State Court Administrator, 1301 Pennsylvania Street, Suite 300, Denver, CO 80203.

E. Release of Electronic, Bulk or Composite data. Release of composite or bulk data shall be referred to Jim Jezek, Management Analyst, Office of the State Court Administrator, 1301 Pennsylvania Street, Suite 300, Denver, CO 80203, telephone: (303) 861-1111.

V. WHAT RECORDS ARE AVAILABLE TO THE PUBLIC?

B. Generally speaking, records concerning juveniles (e.g., adoptions, some criminal matters, relinquishment proceedings) and mental health cases are not available to the public.

C. Records that are not available for public inspection are set forth in the table attached hereto as Exhibit A.

VI. WHERE ARE THE RECORDS KEPT?

A. The Court’s records are maintained in the Records Center in the basement of the El Paso County Judicial Building, 20 East Vermijo, Colorado Springs, Colorado 80903 with the following exceptions:

1. Probate records are kept at Office of Estate and Trust Administration, 105 East Vermijo, Suite 105, Colorado Springs, CO 80903.

2. Juvenile and Mental Health records are located in Room 510 of the El Paso County Judicial Building, 20 East Vermijo, Colorado Springs, CO 80903.

3. Probation records are maintained by probation and not kept as part of the Court’s record. Most probation records are confidential and not available to the public. For further information, contact the Probation Department at 326 S. Tejon, Colorado Springs, CO 80903. Telephone: (719) 448-7700.

4. Police records are kept and maintained by the police agency issuing the document. Police records are not part of the court record. Check directly with the police agency.

B. Occasionally, a court file is in use by one the Judges and will not be available for public inspection on a moment’s notice.

1.) In such cases, the requester must complete a PUBLIC DATA REQUEST FORM and submit it to one of the deputy clerks.

2.) The deputy clerk will arrange a time to gain access to the file.

3.) The deputy clerk will then call the requester and notify the requester of the time set aside for inspection of the file.

4.) Such inspection must take place within three working days, unless otherwise directed by the Court.

VII. WHEN ARE THE RECORDS AVAILABLE FOR INSPECTION?

A. The Court’s records are generally available for inspection in the Records Center during normal business hours of the Court.

B. While it is the responsibility of the Court to respond to requests for access to information and data, the release of such information shall not interfere with the regular discharge of duties of the Courts.

1. From time-to-time, the Clerk’s Office experiences high volumes of people attempting to access public records. During such times, deputy clerks may not be available to pull files for inspection at the exact moment such a request is made.

a. If the deputy clerk is not able to pull the files at the moment, the deputy clerk asks the requester to complete a Public Data Request Form.

b. The deputy clerk will provide a time for the requester to return to review the pulled file.

c. Such a time must occur within three business days.

d. If a fee is applicable, the fee must be paid in full prior to files being pulled from the shelf for review.

C. Number of files available for inspection.

1. No Fee Assessed:

a. Individuals may view a maximum of ten (10) files each day during normal business hours.

2. Fee Assessed.

a. Individual case files:

1.) The requester submits to the deputy clerk a PUBLIC DATA REQUEST FORM and attaches a list of names with case numbers to review.

2.) The list shall set forth a maximum of twenty-five (25) case files for inspection.

3.) Because each file must be reviewed for non-public information as set forth in the Data Dissemination Policy, a fee of $20.00 is assessed (PREC).

4.) The deputy clerk will contact the requester and arrange a time to inspect the files.

b. Block of case jackets:

1.) The maximum number of case jackets that a person may request each day is 25 case jackets.

2.) A minimum fee of $20.00 is assessed to pull the block of files and review them for restricted information. If the review time exceeds one hour of labor, the hourly research fee applies (See infra)

3.) The requester submits to the deputy clerk a PUBLIC DATA REQUEST FORM and attaches the block of case number to review.

4.) The deputy clerk will contact the requester and arrange a time to inspect the files.

D. Criminal files in which sexual assault is alleged.

1. Colo. Rev. Stat. § 24-72-304(10)(b) requires that custodians review court files prior providing them to the public. The custodians are required to redact the name of the alleged victim and other information before the record is made public.

2. The fee for preparing the record shall be charged in accordance with the court’s copy fee, personnel recovery charge and certification fees.

3. Requester’s wishing to review such files must complete a Public Data Request Form and submit it to a deputy clerk.

4. The deputy clerk will contact the requester and arrange a time to inspect the files.

E. Information in criminal files may not be used for the purposes of solicitation. Any party accessing criminal records must sign an affirmation set forth in Exhibit C that the information obtained from our files is not used for the purpose of solicitation. (See Colo. Rev. Stat. §24-72-305.5)

VIII. WHO IS CHARGED A RECORD SEARCH FEE?

A. Parties who are not charged a record search fee.

1. Those not charged record search fees:

a. Counsel of Record

b. Court appointed investigators

c. State of Colorado Government agencies – requester must show current ID or submit request on agency letterhead.

d. State of Colorado Criminal Justice agencies (e.g., District Attorney’s office, Public Defender’s office, law enforcement agencies, etc.)

e. Victims

f. Parties of record in an open case.

2. Although no record search fee is assessed to these parties, the requester must pay all “hard” costs such as copy fees, fax fees, etc.

B. Parties who are charged a fee. The following parties are assessed a records search fee:

1. Individuals who are not named parties to the case.

2. Businesses.

3. Private investigators.

4. Recruiters.

5. Organizations.

6. Employment agencies.

7. Credit bureaus.

8. Attorneys not of record.

9. Federal Government agencies or agencies from other States.

IX. WHAT FEES ARE CHARGED?

A. Record Search Fees.

1. A record search fee is not assessed if the requester has the case number and after inspecting the file, locates and copies all necessary documents.

2. Record search fees are assessed when court personnel expend time looking up case numbers, researching case files, copy documents from court files, et cetera.

B. Fee schedule.

1. Records searched from 1978 to Present in District Court and/or County Court, a $5.00 record search fee is assessed per name searched.

2. Records prior to 1978 are archived. The record search fee for cases prior to 1978 is $20.00 per name. (PREC)