General Order 12.12: Confidentiality

No past or present officer or employee of the Court may divulge or make available information relating to a matter pending before the Court during or prior to the term of that individual's service that is both learned as a result of that individual's official duties and not part of the public records of the Court, unless the disclosure is made:

(a) To a person who is a judge or an officer or employee of the Court at the time the disclosure is made, or was a judge or an officer or employee of the Court at the time the information was obtained;

(b) Pursuant to a statute, rule or order of the Court, or authorization from a judge;

(c) Pursuant to a valid order or subpoena issued by a body competent to issue such an order or subpoena; or

(d) To report an alleged criminal violation to an appropriate law enforcement official.

For the purposes of this section, "information relating to a matter" shall include information:

(a) That is received by the Court pursuant to a protective order or under seal;

(b) Learned in connection with any case which has been or is before the Court which a judge expressly marks "confidential" or states is to be kept confidential pursuant to this section;

(c) That relates to the deliberative processes of the Court in a case that is in the process of being decided or has already been decided. Examples of such information are:

(1) Draft opinions prepared in connection with the preparation by

the Court of a final opinion;

(2) Internal memoranda, in draft or final form, prepared in

connection with a draft or final opinion or argument of a case

before the Court; and

(3) The substance or occurrence of conversations among judges or

between a judge and officers or employees of the Court

concerning the substance of the case which the Court is in the

process of deciding, is about to decide, or has decided.