Court Business, 1116 COBJ, Vol. 45 No. 11 Pg. 107
Colorado Supreme Court Rules Committee
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Colorado Supreme Court Rules Committee
Rule Change 2016(10) Chapter 3 Public Access to Information and Records
Rule 1. [NO CHANGE]
Rule 2. Public Access to Administrative Records of the Judicial Branch
This rule governs public access to all records maintained for the purpose of managing the administrative business of the Judicial Branch of the State of Colorado. Using the Colorado Open Records Act (CORA), §§ 24-72-200.1 to -206, C.RS. (2015), as a guide, the Supreme Court published a proposed Rule governing access to administrative records of the Judicial Branch, and the Chief Justice signed Chief Justice Directive 15-01 to govern interim access to administrative records. The Colorado Supreme Court received comments and held a public hearing on the proposed rule. The Supreme Court revised the rule in response to the comments received. Although CORA served as a guide in drafting this rule, the rule and CORA are not identical. Many of the rule’s deviations from CORA reflect simple changes to language and streamlined organization of the rule for clarity and to better serve the public. Other, substantive deviations from CORA reflect the unique nature of the records and operations of the Judicial Branch. These changes are addressed in comments throughout the rule. This rule pertains only to administrative records and does not contemplate or control access to court records, which is governed by P. A.I.RR 1 and Chief Justice Directive 05-01. This rule is intended to be a rule of the Supreme Court within the meaning of CORA, including section 24-72-204(1)(c), C.RS. (2015).
SECTION 1
DEFINITIONS For purposes of Chapter 38, Rule 2, the following definitions apply:
(a)"Administrative record" means a record maintained for the purpose of managing the business or performing the duties of the Judicial Branch that is not defined as a court record in P.A.I.R.R. 1 and Chief Justice Directive 05-01.
(b) "Confidential personal information" means a person’s home address, telephone number, social security number, birth date, bank account information, tax identification number, personal signature, personal email addresses, or similar unique identifying information other than a person’s name.
COMMENT: CORA does not define "confidential personal information" or any similar term. The disclosure provisions in this rule permit the disclosure of many records so long as confidential personal information is redacted or otherwise not disclosed. This definition provides clear guidance to the public and to custodians regarding what information can be disclosed.
(c) "Custodian" means the person designated by federal or state statute, court rule, or court order as the keeper of the record, regardless of possession. Where no federal or state statute, court rule, or court order designates, the custodian is as provided in this subsection:
(1) For Colorado State Courts and Probation, the custodian is the Chief Justice. The Chief Justice has delegated custodial authority to the following: the chief judge in each judicial district; the chief judge of the court of appeals; and the presiding judge of the Denver Probate and Denver Juvenile courts in their respective courts. Each chief judge or presiding judge may delegate authority to the district administrator, clerk of court, chief probation officer, or other designee.
(2) For the Office of the State Court Administrator, the custodian is the State Court Administrator or his or her designee.
(3) For the Office of the Presiding Disciplinary Judge, the custodian is the Presiding Disciplinary Judge or his or her designee.
(4) For the Office of Judicial Performance Evaluation, the custodian is the Executive Director of the Office of Judicial Performance Evaluation or his or her designee.
(5) For the Office of Attorney Regulation Counsel and the Office of Attorney Registration, the custodian is the Attorney Regulation Counsel or his or her designee.
(6) For the Colorado Lawyer Assistance Program, the custodian is the Executive Director of the Colorado Lawyer Assistance Program or his or her designee.
(7) For the Colorado Attorney Mentor Program, the custodian is the Executive Director of the Colorado Attorney Mentor Program or his or her designee.
(8) For the Office of Alternate Defense Counsel, the custodian is the Executive Director of the Office of Alternate Defense Counsel or his or her designee.
(9) For the Office of the Child’s Representative, the custodian is the Executive Director of the Office of the Child’s Representative or his or her designee.
(10) For the Office of the State Public Defender, the custodian is the State Public Defender or his or her designee.
(11) For the Office of the Respondent Parents’ Counsel, the custodian is the Executive Director of the Office of the Respondent Parents’ Counsel or his or her designee.
(d) "Financial record" means any documentation maintained to show the receipt, management or disbursement of funds by the Judicial Branch.
(e) The "Judicial Branch" includes Colorado State Courts and Probation, the Office of the State Court Administrator, the Office of the Presiding Disciplinary Judge, the Office of Judicial Performance Evaluation, the Office of Attorney Regulation Counsel, the Office of Attorney Registration, the Colorado Lawyer Assistance Program, the Colorado Attorney Mentor Program, the Office of Alternate Defense Counsel, the Office of the Child’s Representative, the Office of the State Public Defender, and the Office of the Respondent Parents’ Counsel. The Judicial Branch does not include the Judicial Discipline Commission, Independent Ethics Commission, or the Independent Office of the Child Protection Ombudsman.
COMMENT: The Independent Ethics Commission was created by article 29, section 5 of the Colorado Constitution, and is an independent and autonomous constitutional entity. The Supreme Court does not believe it is appropriate to promulgate a rule governing access to records of a separate constitutional entity. The Judicial Discipline Commission is also a separate constitutional entity, created by article 6, section 23 of the Colorado Constitution. Section 24-72-401, C.R.S. (2015) governs the confidentiality of information and records of the Judicial Discipline Commission. The Supreme Court presumes that the legislature intended section 24-72-401 and not CORA to control the confidentiality of Judicial Discipline Commission records. The legislation creating the Independent Office of the Child Protection Ombudsman specifies that it is subject to CORA. § 19-3.3-102(5), C.R.S. (2015).
(f) "Person" means any...
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