Local Rule LCrR 32: SENTENCING HEARINGS; DISCLOSURE OF CONFIDENTIAL RECORDS MAINTAINED BY THE UNITED STATES PROBATION OFFICE

LCrR 32 SENTENCING HEARINGS; DISCLOSURE OF CONFIDENTIAL RECORDS MAINTAINED BY THE UNITED STATES PROBATION OFFICE a. Sentencing Hearings. Each district judge may decide the procedures and deadlines that will apply to sentencing hearings over which they preside.

b. Disclosure of Confidential Records Maintained by the United States Probation Office. Unless specifically authorized by this rule or by federal law, no confidential records of the court maintained by the United States Probation Office ("USPO") will be disclosed except by order of a federal judge of the district where the records are maintained.

1. Confidential Records. Confidential records of the court maintained by the USPO include records of an accused or defendant pertaining to the following: (A) pretrial supervision, release, or detention; (B) mental, drug, or physical evaluations or treatment; (C) presentence investigations; (D) sentencings; (E) incarceration; (F) parole; (G) probation; and (H) supervised release. Unsealed USPO records maintained in the files of the Clerk of Court are not confidential records for purposes of this rule.

2. Petition Required. Anyone seeking disclosure of confidential records first must serve on the USPO and file a written petition setting forth with particularity good cause justifying the requested disclosure. A showing of good cause must include the following: (A) the need for the specific information contained or believed to be contained in the records; and (B) a legal basis for disclosure of the records. This subsection does not preclude the USPO from disclosing information or records to the lawyers for the parties.

3. Subpoena or Other Judicial Process. If the USPO receives a subpoena or other judicial process for disclosure of confidential court records, the USPO must seek instructions from the court before responding to the subpoena or other judicial process.