Rule 3 Access to Judiciary Records Generally; Records Custodian

(a) General Policy. Except as provided in these rules or in statute, the public may inspect or copy all judicial-branch case and administrative records.

(b) Access. The rules cover the complementary responsibilities to provide public and special access to case and administrative records and to protect the confidentiality of records where such confidentiality is required by statute, rule, or court order. For case records, the rules recognize that it is the responsibility of both filers of case records and the Judiciary to protect confidentiality and privacy where public access is restricted by such requirements. The Judiciary will take reasonable steps to comply with these rules.

(c) Custodians of Judicial Records. The Court Administrator is the custodian of judicial-branch paper and electronic administrative records and electronic case records. The Court Administrator is also the custodian of paper case records of adjudicatory bodies other than courts or the judicial bureau, such as hearing panels of the Professional Responsibility Board, the Judicial Conduct Board, and the Character and Fitness Committee. The Court Administrator may delegate responsibility as the record custodian in whole or in part to one or more persons in the Office of the Court Administrator. The superior court clerk in a unit or division is the custodian of the paper case records of that court or those courts, unless the record is in the Vermont State Archives. The Deputy Clerk of the Supreme Court is the custodian of the paper records of the Supreme Court. The clerk of the judicial bureau is the custodian of the paper case records of the bureau. The custodian for paper records for the rules advisory committees appointed by the Supreme Court is the Deputy Clerk of the Supreme Court. For all other judiciary committees, the custodian of records is the Court Administrator or designee.