Local Rule 32.3: Production of Probation and Pretrial Services Records; Testimony of Probation and Pretrial Services Officers

32.3 Production of Probation and Pretrial Services Records; Testimony of Probation and Pretrial Services Officers

(a) Probation and Pretrial Services Officers are officers of the Court. Their confidential records and files are the confidential records of the Court, and the information they acquire in performing their duties must be kept confidential.

(b) The Director of the Administrative Office of the United States Courts has promulgated regulations establishing procedures for the production or disclosure of documents and the testimony of judiciary personnel in legal proceedings. Those regulations are applicable in this Court except as otherwise provided in this Rule. The regulations may be reviewed at www.uscourts.gov/RulesAndPolicies/SubpoenaRegulations.aspx.

(c) When disclosure of Probation or Pretrial Services records or a request for the testimony of a Probation or Pretrial Services Officer is sought by way of subpoena or other judicial process, the Chief of Probation or Pretrial Services shall consult with the Chief District Judge with respect to responding to the subpoena or other judicial process. If the request relates to Pretrial Services, the Chief District Judge may refer the matter to the District Judge or Magistrate Judge responsible for the pretrial handling of the case. If the request relates to the Probation Office, the Chief District Judge may refer the matter to the District Judge or Magistrate Judge who imposed sentence.