Pennsylvania Bulletin

PA Bulletin, Doc. No. 18-52

THE COURTS

Title 255—LOCAL COURT RULES

DELAWARE COUNTY

Local Rule of Judicial Administration; Public Access Policy; Civil Doc. No. 17-5120; Criminal Doc. No. MD-1545-17

[48 Pa.B. 236]
[Saturday, January 13, 2018]

Whereas, the Pennsylvania Supreme Court has adopted a new Public Access Policy (the ''Policy'') of the Unified Judicial System of Pennsylvania: Case Records of Appellate and Trial Courts, which applies to all court records, including civil, family, criminal and orphans' court matters; and

Whereas, the Policy establishes uniform standards for all appellate and trial courts in responding to requests from the public for case records; and

Whereas, the Policy is built upon the principle that court records are open for inspection by the public while maintaining appropriate boundaries for the protection of individuals who come into the court system; and

Whereas, the Policy provides access protocols for sensitive information which might be found in case files, including the following:

1. Certain types of information set forth in Section 7.00 Confidential Information, such as Social Security Numbers, cannot be included in court filings, but instead must be identified to the court on a separate form, called a Confidential Information Form (the ''CIF'') and attached to the filing. The CIF is not available to the public. Alternatively, a court may require a party to file two versions of every document—a redacted and unredacted version. The unredacted version is not available to the public. Following hereto as Exhibit ''A'' is the ''CIF''.

2. Certain documents set forth in Section 8.00 must be filed with a Confidential Document Form (the ''CDF''), such as Financial Documents. While the CDF which describes the document is available to the public, the underlying document is not. The ''CDF'' form follows as Exhibit ''B''.

3. The forms shall be available in each filing office as well as on the Court and OJS websites at http://www.co.delaware.pa.us/.

4. Certain cases are not accessible to the public because there is no method to ensure that all of the sensitive information contained in the case file can be redacted before permitting public access.

5. Certain Information is only accessible at the courthouse and not online.

And Now, this 7th day of December, 2017, the following policy regarding access to case records, is hereby adopted effective January 6, 2018:

1. Relationship to the Policy.

This Local Rule of Judicial Administration shall be known as the Delaware County Public Access Policy Local Rule, and is intended to conform procedure and practice in the Courts operating within the 32nd Judicial District to the Public Access Policy adopted by the Unified Judicial System of Pennsylvania concerning case records in the Appellate and Trial Courts (''the Policy'').

2. Definitions.

''Confidential Information'' is all information identified in Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, and to conform with the schedule following hereto as Exhibit ''C'', which identifies Limits of Public Access to the Unified Judicial System Case Record of the Appellate and Trial Courts (''Limits of Public Access Matrix'').

''Confidential Document'' is all documents identified in Section 8 of the Public Access Policy of the Unified Judicial System of Pennsylvania.

3. Compliance/Appropriate Sanctions.

Compliance with the Delaware County Public Access Policy Local Rule including the Limits of Public Access Schedule is the responsibility of litigants and attorneys, each of whom shall be responsible for safeguarding Confidential Information and Confidential Documents. Those litigants and attorneys who are found to have failed to comply with this local rule shall be subject to the imposition of appropriate sanction.

4. Orphans' Court Division.

For all Orphans' Court matters, all ''Confidential Information'' as defined in Section 7.0 of the Policy which is to be filed with any Case Record, shall be set forth on the Confidential Information Form. Such policy is subject to change upon Order of Court, which could direct (among other things) that a redacted version of any document be produced.

5. Civil Division and Family Division.

For all Civil and Family matters, any filing containing Confidential Information shall be redacted and accompanied by a Confidential Information Form (CIF), and only the redacted version will be accessible by the public. Any filing of a Confidential Document shall be accompanied by a Confidential Document Form (CDF) and only the CDF will be accessible by the public. As to all Family matters, on-line remote access is limited to the Docket. The presiding judge, upon application of a litigant or attorney or acting sua sponte, retains the right to require filing in a redacted/unredacted form.

6. Criminal Division.

For all Criminal matters, any filing containing Confidential Information shall be redacted and accompanied by a Confidential Information Form (CIF), and only the redacted version will be accessible by the public. Any filing of a Confidential Document shall be accompanied by a Confidential Document Form (CDF), and only the CDF will be accessible by the public. Additionally, all confidentiality provisions regarding Juvenile Court proceedings shall continue to comply with the Juvenile Act. The presiding judge, upon application of a litigant or attorney or acting sua sponte, retains the right to require filing in a redacted/unredacted form.

7. Motions to Seal Court Records.

This Public Access Policy Local Rule in no way alters the ability and authority of the Court, upon application of a litigant or attorney or acting sua sponte, to seal a record or any portion of a record for reasons not inconsistent with the Policy of the Unified Judicial System of Pennsylvania.

8. Public Accessibility to Case Records.

Accessibility of all case record information by the public shall be governed by the attached Limits of Public Access Matrix. (Following hereto as Exhibit 'C'). Please note that certain case record information is inaccessible, while other case record information may be publicly accessible at the courthouse but not accessible online.

By the Court

KEVIN F. KELLY,
President Judge

Exhibit A

Exhibit B

Exhibit C

LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS

Subject Area Record Description Accessibility Authority

Civil Jurors Notes. No Public Access. Collected and destroyed post-trial. Pa.R.C.P. No. 223.2.

Commonwealth Court Child Line Registry Cases. No Public Access to documents in the case except Orders and Opinions wherein the court shall use initials of the minor child involved rather than full name. Admin. Order No. 126 Misc. Docket No. 3 (February 8, 2013).

Criminal Juror's Address. No Public Access. Commonwealth v. Long, 922 A.2d 892 (Pa. 2007).

Criminal Sealed affidavit of probable cause for a search warrant. No Public Access while sealed. The affidavit may not be sealed for more than 60 days unless an extension is received. Extensions may not be longer than 30 days, but an unlimited number of extensions are available. Public may access the affidavit after it has been unsealed. Pa.R.Crim.P. 211.

Criminal Unexecuted Search Warrant. No Public Access until warrant is executed. Pa.R.Crim.P. 212(A).

Criminal Arrest Warrant Information. A court may delay public access for good cause for up to 72 hours. In addition, a court may seal arrest warrant information for a longer period of time. Pa.R.Crim.P. 513(C), Pa.R.Crim.P. 513.1.

Criminal Motion filed by attorney for the Commonwealth to present the matter to an indicting grand jury and subsequent order. No Public Access—the motion and order are sealed. Pa.R.Crim.P. 556.2.

Criminal Sealed indictments. No Public Access. Pa.R.Crim.P. 556.11(E).

Criminal Sealed records concerning mental health experts. No Public Access. Pa.R.Crim.P. 569.

Criminal Sealed written statements pertaining to protective orders. No Public Access. The entire text of the statement shall be sealed and preserved in the records of the court to be made available to the appellate court(s) in the event of an appeal. Pa.R.Crim.P. 573(F).

Criminal Sealed plea agreement. No Public Access. Pa.R.Crim.P. 590.

Criminal Juror qualification forms. No Public Access. Pa.R.Crim.P. 625(A)(3).

Criminal Juror information questionnaires. No Public Access. Questionnaires are retained in a sealed file and shall be destroyed upon completion of the jurors' service, unless otherwise ordered by the trial judge. Pa.R.Crim.P. 632.

Criminal Sealed verdict. No Public Access. Pa.R.Crim.P. 649.

Criminal Notes taken by jurors. No Public Access. Pa.R.Crim.P. 644(B)(7).

Criminal Pre-sentence reports and related psychiatric psychological reports. No Public Access. Pa.R.Crim.P. 703(A).

Criminal Records revealing the names of human trafficking victims. No Public Access, unless otherwise ordered by a court in a prosecution involving a victim of human trafficking. 18 Pa.C.S. § 3019(a).

Criminal Wiretap applications, final reports and orders. No Public Access except upon showing of good cause before a court of competent jurisdiction. 18 Pa.C.S. § 5715.

Criminal Names of minor victims of sexual or physical abuse. No Public Access. Records revealing a victim's name are sealed. A minor victim who is 18 years of age or older at the time of the commencement of the prosecution may waive this protection and allow the court to release the name of the minor victim. 42 Pa.C.S. § 5988.

Domestic Relations Information regarding the registration, filing of a petition for, or issuance of a protection from abuse in either the issuing or enforcing State. No Public Access via internet publication, if such publication would be likely to publically reveal the identity or location of the protected party. 18 U.S.C. § 2265(d)(3).

Domestic Relations Social security number of any individual subject to a divorce decree, support order, paternity determination, or acknowledgement of paternity, which is required in all records of those matters. No Public Access. 23 Pa.C.S. § 4304.1(a)(3).

Domestic Relations Child Support Records No Public Access, except for PACSES dockets, court orders and opinions. 42 U.S.C. §§ 654(26)(A), 654a(d)(1)(A); 45 CFR §§ 303.21(c)-(d), 307.13(a)(1); 23 Pa.C.S. § 4304.1(d); Sections 2.4 and 3.4 of the Cooperative Agreement.

Domestic Relations (a) Subject to any inconsistent general rules and to the supervision and direction of the court, the domestic relations section shall have the power and duty to:. . .
(10) Implement safeguards applicable to all confidential information received by the domestic relations section in order to protect the privacy rights of the parties, including:. . .
(ii) prohibitions against the release of information on the whereabouts of one party or the child to another party against whom a protective order with respect to the former party or the child has been entered; and
(iii) prohibitions against the release of information on the whereabouts of one party or the child to another person if the domestic relations section has reason to believe that the release of the information on the whereabouts of one party or the child to another person if the domestic relations section has reason to believe that the release of the information may result in physical or emotional harm to the party or the child. No Public Access. 23 Pa.C.S. § 4305(a)(10)(ii)-(iii).

Domestic Relations List of weapons ordered to be relinquished by the defendant in an action for protection from abuse. No Public Access, except (A) upon an order of the court granted upon cause shown; (B) as necessary, by law enforcement and court personnel; or (C) after redaction of information listing any firearm, other weapon or ammunition. 23 Pa.C.S. § 6108(a)(7)(v).

Domestic Relations All records pertaining to a confidential address for individuals participating in the Office of Victim Advocate's Address Confidentiality Program. No Public Access, except for the substitute address provided by the Office of Victim Advocates. 23 Pa.C.S. § 6703(d); see also 23 Pa.C.S. § 5336(b)(1).

Juvenile Court Juvenile Dependency and Delinquency records. No Public Access; except as set forth in 42 Pa.C.S. § 6307, Pa.Rs.J.C.P. 160 and/or 1160, including with leave of court. 42 Pa.C.S. § 6307; Pa.Rs.J.C.P. 160, 1160.

Orphans' Court Proceedings related to appointment of guardianship for incapacitated persons. Shall be closed to the public upon request of the alleged incapacitated person or his counsel. After the individual's death his/her estate may access the record of the guardianship proceedings. 20 Pa.C.S. § 5511(a); In re Estate of duPont, 2 A.3d 516 (Pa. 2010).

Orphans' Court Records required for foreign adoption decrees. No Public Access unless a court order is granted upon good cause. 23 Pa.C.S. § 2908(F); Pa.O.C.R. 15.7.

Orphans' Court Adoption records. No Public Access unless otherwise ordered. 23 Pa.C.S. § 2915; see also 23 Pa.C.S. § 2906; Pa.O.C.R. 15.7.

Orphans' Court (Family Court in Philadelphia County or Juvenile Court Section of Family Division in Allegheny County Pa.R.J.A. 2157) Applications of a minor for judicial approval of decision to have an abortion, under the Abortion Control Act, as well as proceedings and the name of the minor. No Public Access; sealed dockets, and documents shall be maintained in a closed file marked ''confidential'' and identified by case number only. 18 Pa.C.S. § 3206(f); Pa.O.C.R. 16.2 and 16.6. Note also Pa.R.J.A. No. 2157 and Pa.R.A.P. 3801.

General For certain offenses graded as a misdemeanor of the second or third degree, any information relating to the conviction, arrest, indictment or other information leading to the conviction, arrest, indictment or other information. No public access. The court shall not release the information to an individual, noncriminal justice agency or an internet website. *Act 5 of 2016 effective November 14, 2016 which in part creates 18 Pa.C.S. § 9122.1 and amends 18 Pa.C.S. § 9121.

General Records concerning persons in treatment under the Mental Health Procedures Act. Limited Public Access in compliance with the Mental Health Procedures Act and controlling case law. 50 P.S. § 7111.

General Court documents, rules, or orders in Gaming Law proceedings. Any party may request proceeding and record to be sealed if in best interest of any person or Commonwealth. 4 Pa.C.S. § 1518.2(b).

General Proceedings and records involving juveniles charged with a summary offense before the minor judiciary, the Philadelphia Municipal Court or a Court of Common Pleas. No Public Access. 42 Pa.C.S. §§ 6303(c), 6307(c) and 6336(g).

*Note this may not be a complete listing; the public and court staff are directed to consult federal and state statutes, court rules or case law.

[Pa.B. Doc. No. 18-52. Filed for public inspection January 12, 2018, 9:00 a.m.]

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Subject Area	Record Description	Accessibility	Authority
Civil	Jurors Notes.	No Public Access. Collected and destroyed post-trial.	Pa.R.C.P. No. 223.2.
Commonwealth Court	Child Line Registry Cases.	No Public Access to documents in the case except Orders and Opinions wherein the court shall use initials of the minor child involved rather than full name.	Admin. Order No. 126 Misc. Docket No. 3 (February 8, 2013).
Criminal	Juror's Address.	No Public Access.	Commonwealth v. Long, 922 A.2d 892 (Pa. 2007).
Criminal	Sealed affidavit of probable cause for a search warrant.	No Public Access while sealed. The affidavit may not be sealed for more than 60 days unless an extension is received. Extensions may not be longer than 30 days, but an unlimited number of extensions are available. Public may access the affidavit after it has been unsealed.	Pa.R.Crim.P. 211.
Criminal	Unexecuted Search Warrant.	No Public Access until warrant is executed.	Pa.R.Crim.P. 212(A).
Criminal	Arrest Warrant Information.	A court may delay public access for good cause for up to 72 hours. In addition, a court may seal arrest warrant information for a longer period of time.	Pa.R.Crim.P. 513(C), Pa.R.Crim.P. 513.1.
Criminal	Motion filed by attorney for the Commonwealth to present the matter to an indicting grand jury and subsequent order.	No Public Access—the motion and order are sealed.	Pa.R.Crim.P. 556.2.
Criminal	Sealed indictments.	No Public Access.	Pa.R.Crim.P. 556.11(E).
Criminal	Sealed records concerning mental health experts.	No Public Access.	Pa.R.Crim.P. 569.
Criminal	Sealed written statements pertaining to protective orders.	No Public Access. The entire text of the statement shall be sealed and preserved in the records of the court to be made available to the appellate court(s) in the event of an appeal.	Pa.R.Crim.P. 573(F).
Criminal	Sealed plea agreement.	No Public Access.	Pa.R.Crim.P. 590.
Criminal	Juror qualification forms.	No Public Access.	Pa.R.Crim.P. 625(A)(3).
Criminal	Juror information questionnaires.	No Public Access. Questionnaires are retained in a sealed file and shall be destroyed upon completion of the jurors' service, unless otherwise ordered by the trial judge.	Pa.R.Crim.P. 632.
Criminal	Sealed verdict.	No Public Access.	Pa.R.Crim.P. 649.
Criminal	Notes taken by jurors.	No Public Access.	Pa.R.Crim.P. 644(B)(7).
Criminal	Pre-sentence reports and related psychiatric psychological reports.	No Public Access.	Pa.R.Crim.P. 703(A).
Criminal	Records revealing the names of human trafficking victims.	No Public Access, unless otherwise ordered by a court in a prosecution involving a victim of human trafficking.	18 Pa.C.S. § 3019(a).
Criminal	Wiretap applications, final reports and orders.	No Public Access except upon showing of good cause before a court of competent jurisdiction.	18 Pa.C.S. § 5715.
Criminal	Names of minor victims of sexual or physical abuse.	No Public Access. Records revealing a victim's name are sealed. A minor victim who is 18 years of age or older at the time of the commencement of the prosecution may waive this protection and allow the court to release the name of the minor victim.	42 Pa.C.S. § 5988.
Domestic Relations	Information regarding the registration, filing of a petition for, or issuance of a protection from abuse in either the issuing or enforcing State.	No Public Access via internet publication, if such publication would be likely to publically reveal the identity or location of the protected party.	18 U.S.C. § 2265(d)(3).
Domestic Relations	Social security number of any individual subject to a divorce decree, support order, paternity determination, or acknowledgement of paternity, which is required in all records of those matters.	No Public Access.	23 Pa.C.S. § 4304.1(a)(3).
Domestic Relations	Child Support Records	No Public Access, except for PACSES dockets, court orders and opinions.	42 U.S.C. §§ 654(26)(A), 654a(d)(1)(A); 45 CFR §§ 303.21(c)-(d), 307.13(a)(1); 23 Pa.C.S. § 4304.1(d); Sections 2.4 and 3.4 of the Cooperative Agreement.
Domestic Relations	(a) Subject to any inconsistent general rules and to the supervision and direction of the court, the domestic relations section shall have the power and duty to:. . . (10) Implement safeguards applicable to all confidential information received by the domestic relations section in order to protect the privacy rights of the parties, including:. . . (ii) prohibitions against the release of information on the whereabouts of one party or the child to another party against whom a protective order with respect to the former party or the child has been entered; and (iii) prohibitions against the release of information on the whereabouts of one party or the child to another person if the domestic relations section has reason to believe that the release of the information on the whereabouts of one party or the child to another person if the domestic relations section has reason to believe that the release of the information may result in physical or emotional harm to the party or the child.	No Public Access.	23 Pa.C.S. § 4305(a)(10)(ii)-(iii).
Domestic Relations	List of weapons ordered to be relinquished by the defendant in an action for protection from abuse.	No Public Access, except (A) upon an order of the court granted upon cause shown; (B) as necessary, by law enforcement and court personnel; or (C) after redaction of information listing any firearm, other weapon or ammunition.	23 Pa.C.S. § 6108(a)(7)(v).
Domestic Relations	All records pertaining to a confidential address for individuals participating in the Office of Victim Advocate's Address Confidentiality Program.	No Public Access, except for the substitute address provided by the Office of Victim Advocates.	23 Pa.C.S. § 6703(d); see also 23 Pa.C.S. § 5336(b)(1).
Juvenile Court	Juvenile Dependency and Delinquency records.	No Public Access; except as set forth in 42 Pa.C.S. § 6307, Pa.Rs.J.C.P. 160 and/or 1160, including with leave of court.	42 Pa.C.S. § 6307; Pa.Rs.J.C.P. 160, 1160.
Orphans' Court	Proceedings related to appointment of guardianship for incapacitated persons.	Shall be closed to the public upon request of the alleged incapacitated person or his counsel. After the individual's death his/her estate may access the record of the guardianship proceedings.	20 Pa.C.S. § 5511(a); In re Estate of duPont, 2 A.3d 516 (Pa. 2010).
Orphans' Court	Records required for foreign adoption decrees.	No Public Access unless a court order is granted upon good cause.	23 Pa.C.S. § 2908(F); Pa.O.C.R. 15.7.
Orphans' Court	Adoption records.	No Public Access unless otherwise ordered.	23 Pa.C.S. § 2915; see also 23 Pa.C.S. § 2906; Pa.O.C.R. 15.7.
Orphans' Court (Family Court in Philadelphia County or Juvenile Court Section of Family Division in Allegheny County Pa.R.J.A. 2157)	Applications of a minor for judicial approval of decision to have an abortion, under the Abortion Control Act, as well as proceedings and the name of the minor.	No Public Access; sealed dockets, and documents shall be maintained in a closed file marked ''confidential'' and identified by case number only.	18 Pa.C.S. § 3206(f); Pa.O.C.R. 16.2 and 16.6. Note also Pa.R.J.A. No. 2157 and Pa.R.A.P. 3801.
General	For certain offenses graded as a misdemeanor of the second or third degree, any information relating to the conviction, arrest, indictment or other information leading to the conviction, arrest, indictment or other information.	No public access. The court shall not release the information to an individual, noncriminal justice agency or an internet website.	*Act 5 of 2016 effective November 14, 2016 which in part creates 18 Pa.C.S. § 9122.1 and amends 18 Pa.C.S. § 9121.
General	Records concerning persons in treatment under the Mental Health Procedures Act.	Limited Public Access in compliance with the Mental Health Procedures Act and controlling case law.	50 P.S. § 7111.
General	Court documents, rules, or orders in Gaming Law proceedings.	Any party may request proceeding and record to be sealed if in best interest of any person or Commonwealth.	4 Pa.C.S. § 1518.2(b).
General	Proceedings and records involving juveniles charged with a summary offense before the minor judiciary, the Philadelphia Municipal Court or a Court of Common Pleas.	No Public Access.	42 Pa.C.S. §§ 6303(c), 6307(c) and 6336(g).

THE COURTS

Title 255—LOCAL COURT RULES

DELAWARE COUNTY

Local Rule of Judicial Administration; Public Access Policy; Civil Doc. No. 17-5120; Criminal Doc. No. MD-1545-17

[48 Pa.B. 236][Saturday, January 13, 2018]

Exhibit A

Exhibit B

Exhibit C

LIMITS ON PUBLIC ACCESS TO UNIFIED JUDICIAL SYSTEM CASE RECORD OF THE APPELLATE AND TRIAL COURTS

[Pa.B. Doc. No. 18-52. Filed for public inspection January 12, 2018, 9:00 a.m.]

[48 Pa.B. 236]
[Saturday, January 13, 2018]