the proposal, make any changes and create a legislative pronouncement in the statutes. Any time changes were needed a legislative vote would be required. By proposing a court rule—the Supreme Judicial Court is empowered to make rules that govern the operation of the courts. (The SJC has limited authority with regard to the 16 separate probate courts, but the SJC can promulgate rules of procedure). The SJC has established advisory committees to provide counsel and input before enacting rules. By proposing an Administrative Order—the Chief Justice of the Supreme Judicial court is authorized to issue administrative orders that govern how the courts are run. Administrative Orders are most often issued after consultation with others, but they can be issued without a lot of process. (Justice Mead provided a view of the current Administrative Order Index.) TAP will need to discuss the type of vehicle that would be most helpful to effectuating the policy. Justice Mead provided information examples of two different policies from Illinois and Florida that provide different approaches to record access. Illinois has a broad policy statement and Florida has a very detailed Security matrix. BRIEF SUMMARY OF GROUP DISCUSSION The group engaged in a lively discussion, including the idea that a new case management system and integrated e-filing system will bring efficiency and cost controls. The group recognized that online access could be a benefit for the parties, justice partners, and the clerks, yet would require a careful balancing of the appropriate privacy interests. A general discussion was held about how we conceptualize the and privacy. It is key to the integrity of the court system that we give the public access to information that allows the public to see how its government works. In addition, we must be sensitive to privacy concerns. The Legislature created the right to know law; everything is a public record unless it is not a public record. We will need to use something like that checklist for balancing the public rights v the private rights. Committee Members also discussed the possibility of retaining, in some form, the concept of practical obscurity. Just because a record is public does not necessarily mean that it needs to be put online, making things subject to long-term public broadcast. Just because information is public does not mean we have to set it on the curb.
the proposal, make any changes and create a legislative pronouncement in the statutes. Any time changes were needed a legislative vote would be required. By proposing a court rule—the Supreme Judicial Court is empowered to make rules that govern the operation of the courts. (The SJC has limited authority with regard to the 16 separate probate courts, but the SJC can promulgate rules of procedure). The SJC has established advisory committees to provide counsel and input before enacting rules. By proposing an Administrative Order—the Chief Justice of the Supreme Judicial court is authorized to issue administrative orders that govern how the courts are run. Administrative Orders are most often issued after consultation with others, but they can be issued without a lot of process. (Justice Mead provided a view of the current Administrative Order Index.) TAP will need to discuss the type of vehicle that would be most helpful to effectuating the policy. Justice Mead provided information examples of two different policies from Illinois and Florida that provide different approaches to record access. Illinois has a broad policy statement and Florida has a very detailed Security matrix. BRIEF SUMMARY OF GROUP DISCUSSION The group engaged in a lively discussion, including the idea that a new case management system and integrated e-filing system will bring efficiency and cost controls. The group recognized that online access could be a benefit for the parties, justice partners, and the clerks, yet would require a careful balancing of the appropriate privacy interests. A general discussion was held about how we conceptualize the and privacy. It is key to the integrity of the court system that we give the public access to information that allows the public to see how its government works. In addition, we must be sensitive to privacy concerns. The Legislature created the right to know law; everything is a public record unless it is not a public record. We will need to use something like that checklist for balancing the public rights v the private rights. Committee Members also discussed the possibility of retaining, in some form, the concept of practical obscurity. Just because a record is public does not necessarily mean that it needs to be put online, making things subject to long-term public broadcast. Just because information is public does not mean we have to set it on the curb.
TAP-Minutes-5-15.docx