Temporary Rule Expanded Access for Attorneys and Attorney Staff

(a) Purpose. This rule creates a stakeholder access program that allows the judicial administrator to grant attorneys and their staff access to information in the Kansas eCourt case management system that is not available on the public portal.

(b) Definitions.

(1) “Attorney Access” means access to specifically identified information in the eCourt case management system that is not available on the public portal.

(2) “Attorney User” means

(A) admitted to practice law in Kansas;

(B) granted a restricted license to practice under Rule 721;

(C) granted a temporary restricted license to practice law under Rule 720;

(D) providing legal services under Kansas Rule of Professional Conduct 5.5; or

(E) authorized to provide pro bono or low-cost direct legal services under Rule 1404.

(3) “Attorney Staff User” means an individual employed to assist an attorney user in their practice, including secretaries, law student interns, and paraprofessionals.

(c) Methods for Access. The judicial administrator may provide attorney and attorney staff access through a portal using a unique username and password.

(d) Standard Operating Procedures. The judicial administrator is authorized to adopt standard operating procedures for attorney and attorney staff access. In developing these procedures, the judicial administrator will consult with stakeholders when appropriate.

(e) Powers and Duties. In administering this rule, the judicial administrator’s powers and duties will include the following:

(1) determining the case groups, case types, documents, and information that an attorney user and attorney staff users may access;

(2) approving or denying access under this rule;

(3) developing procedures to allow attorney and attorney staff access;

(4) developing procedures to safeguard information from unauthorized access, use, and disclosure;

(5) providing technical support for attorney and attorney staff access;

(6) monitoring adherence to rules, policies, and procedures regarding access, use, and disclosure of information by attorney users and attorney staff users, including the use of audits and reports; and

(7) periodic reporting to the Kansas eCourt project liaison justices and the Chief Justice regarding attorney and attorney staff access efforts.

(f) Penalty for Violation. If an attorney user or attorney staff user violates this rule or an access policy or procedure, the judicial administrator may suspend access. The decision to suspend access is within the sole discretion of the judicial administrator. After suspension, the judicial administrator may refer the matter to the Office of the Disciplinary Administrator.

(g) Lift of Suspension. The judicial administrator may lift any suspension that has been imposed under subsection (h). The decision to lift a suspension is within the sole discretion of the judicial administrator.