General Order 12.13: Confidentiality and Disposition of Judges’ Personal Papers and Property upon Death
Circuit Rules and General Orders of the Ninth Circuit — General Orders — Chapter XII: Miscellaneous Provisions
Judges are encouraged to leave instructions concerning the disposition of confidential court documents, personal papers, potential archival material, and in-chambers personal property (collectively, “chambers materials”). In this context, the term “document” includes any means by which communication is stored, including material stored electronically. Examples of potential archival material other than confidential court documents include the judge’s commission, honorary recognitions, photographs, and public speeches.
The instructions should provide for appropriate and reasonable measures to protect the confidentiality of internal court communications and documents. Judges are encouraged to consult with the Clerk of Court and court archivist in formulating their instructions and, when formulated, to communicate the instructions concerning disposition of chambers materials to the Clerk of Court.
Judges may elect to leave chambers materials to the Court, an educational, historical society, or other institution, but should condition the gift on safeguarding confidential court communications and documents for a reasonable period of time. In formulating a time restriction, judges should prohibit release of any document that concerns pending cases, including cases that are pending before another court via certiorari, transfer, or remand. Judges should also consider (1) the need for confidentiality of court communications; (2) the confidentiality and privacy interests of colleagues; (3) historians’ needs for access; and (4) the public’s need for transparency in government. Judges may elect to instruct the court to destroy chambers materials on death, but are encouraged to consult with the Clerk of Court and court archivist to ascertain whether the Court may be interested in preserving specific archival material or personal property not distributed to heirs.
It is the policy of the court that no heir or personal representative shall release documents concerning pending cases to a third party. It is also the policy of the court that no heir or personal representative release confidential court documents or destroy chambers material without first notifying the Clerk of Court and providing reasonable time for the Court to review the proposed release or planned destruction. Judges are encouraged to implement this policy through testamentary or other instructions. (New 6/17/2015)