Local Rule D.C.COLO.LCrR 47.1: PUBLIC ACCESS TO CASES, DOCUMENTS, AND PROCEEDINGS

D.C.COLO.LCrR 47.1 PUBLIC ACCESS TO CASES, DOCUMENTS, AND PROCEEDINGS

(a) Policy. Unless restricted by statute, rule of criminal procedure, these rules, or court order, the public shall have access to all cases and documents filed with the court and all court proceedings. However, pleadings or documents filed under restriction shall not be accessible or viewable electronically in CM/ECF. A person with the right to access a restricted pleading or document may request a paper copy from the clerk.

(b) Levels of Restriction. Unless otherwise ordered, there are four levels of restriction. Level 1 limits access to the parties and the court. Level 2 limits access to the filing party, the affected defendant(s), the government, and the court. Level 3 limits access to the filing party and the court. Level 4 limits access to the court.

(c) Motion to Restrict. Unless otherwise ordered, a motion to restrict public access shall be open to public inspection. The motion shall identify the case, the document, or the proceeding for which restriction is sought. The motion shall be accompanied by a brief that is filed as a restricted document. The brief shall:

(1) identify the case, document, or the proceeding for which restriction is sought;

(2) address the interest to be protected and why such interest outweighs the presumption of public access (stipulations between the parties or stipulated protective orders with regard to discovery, alone, are insufficient to justify restriction);

(3) identify a clearly defined and serious injury that would result if access is not restricted;

(4) explain why no alternative to restriction is practicable or why only restriction will adequately protect the interest in question (e.g., redaction, summarization, restricted access to exhibits or portions of exhibits); and

(5) identify the level of restriction sought.

(d) Public Notice of Motions to Restrict; Objections. Notice of the filing of such motion shall be posted on the court's website on the court business day following the filing of the motion. Any person may file an objection to the motion to restrict no later than three court business days after posting. Absent exigent circumstances, no ruling on a motion to restrict shall be made until the time for objection has passed. The absence of objection alone shall not result in the granting of the motion.

(e) Filing Restricted Documents. A document subject to a motion to restrict shall be filed as a restricted document, and shall be subject to restriction until the motion is determined by the court. If a document is filed as a restricted document without an accompanying motion to restrict, it shall retain the restriction selected by the filer for 14 days. If no motion to restrict is filed within such time period, the access restriction shall expire and the document shall be open to public inspection.

(f) Documents Subject to Presumptive Restriction. The following documents shall be filed subject to the specified presumptive restriction levels without the order of a judicial officer:

(1) Documents that shall be filed with Level 2 restriction (access limited to the filing party, the affected defendant(s), the government, and the court):

(A) Pretrial Services reports (bail reports) and pretrial release status reports.

(B) Petitions for the issuance of summonses or arrest warrants involving petitions for revocation of pretrial release or for compliance reviews of pretrial release effective on service of the summons or execution of the warrant.

(C) Presentence reports, sentencing recommendations, and addenda and related documents, including correspondence or other documents related to sentencing, including letters, reports, certificates, awards, photographs, or other documents pertaining to the defendant.

(D) Probation or supervised release violation reports.

(E) Statements of reasons in judgments in criminal cases.

(F) Information provided by a person or entity posting bond.

(2) Documents that shall be filed with Level 3 restriction (access limited to the filing party and the court):

(A) Unexecuted bond revocation orders and supporting documents. Unless otherwise ordered, this restriction shall expire on the execution of the order.

(B) Documents and orders under the Criminal Justice Act. Unless otherwise ordered, this restriction shall expire on the entry of final judgment.

(C) Indictments. Unless otherwise ordered, this restriction shall expire on the earlier of the arrest or initial appearance of the first or only defendant.

(3) Documents that shall be filed with Level 4 restriction (access limited to the court):

(A) Petitions for summonses or arrest warrants based upon petitions for revocation of probation or supervised release. Unless otherwise ordered, this restriction shall expire on the service of the summons or execution of the warrant.

(B) Issued, but unserved, petitions for the issuance of summonses or arrest warrants involving petitions for revocation of pretrial release or for compliance reviews of pretrial release. Unless otherwise ordered, this restriction shall expire on the service of the summons or execution of the warrant.

(g) Cases Subject to Presumptive Restriction. A case (including the docket sheet, case number and caption) initiated by any of the following documents shall be filed under Level 4 restriction:

(1) Unexecuted summonses and warrants of any kind and supporting documents. Unless otherwise ordered, this restriction shall expire on the execution of the summonses or warrants.

(2) Pen register and trap/trace orders and supporting documents. This restriction shall remain in effect unless otherwise ordered.

(3) Orders and supporting documents under 18 U.S.C. § 2703(d). Unless otherwise ordered, this restriction shall expire after 90 days.

(4) Title III and clone pager orders and supporting documents. This restriction shall remain in effect unless otherwise ordered.

(5) Grand Jury material and other documents with restricted access pursuant to statute. This restriction shall remain in effect unless otherwise ordered.