Rule 5 Specific Right to Access

(a) Judicial Officers and Court Staff. Unless prohibited by statute, rule, or order, judicial officers and court staff authorized by the Court Administrator have access, including remote access, to all case records where necessary for their employment responsibilities. Judicial officers and court staff may not disclose a case record that is not publicly accessible to any person who does not have a specific right of access to the record.

(b) Parties. A party in a case has access to records in that case that are not publicly accessible unless a restriction on access specifically applies to the party. A party younger than 18 years old does not have a specific right of access unless the court orders. For good cause, the court may restrict a party’s specific right of access. Where a person is a party for only part of a case, the specific right of access applies to records related to the part for which the person is a party and not for other parts of the case.

(c) Lawyers. A lawyer who is appearing for a party has access to records in that case that are not publicly accessible unless a restriction on access specifically applies by operation of these rules. Where the party for whom the lawyer is appearing is a party for only part of a case, the lawyer’s specific right of access applies to records related to the part for which the person is a party and not for other parts of the case. This specific right of access extends to lawyers and staff in a law firm or legal organization working for the lawyer who has entered an appearance. A person who has a specific right of access pursuant to this subdivision has a right to remote access.

(d) Guardians ad Litem. A guardian ad litem who is participating in a case has access to records in that case that are not publicly accessible for the purpose of discharging the duties of a guardian ad litem unless a restriction on access specifically applies by operation of these rules.

(e) Access for Criminal-Justice Agencies or Purposes. The Court Administrator may provide remote access to publicly accessible criminal case records to criminal justice agencies for criminal justice purposes.

(f) Access for Public-Purpose Agency. The Court Administrator may provide remote access to a public-purpose agency pursuant to a data-dissemination contract.

(g) Remote Access. The Court Administrator may provide remote access to any person who has a specific right of access for that record.

(h) Access provided by law. A person has a right of access to any record that is not publicly accessible if such access is granted by statute, judicial or administrative rule, or other source of law and is not prohibited by court order. An appendix to this rule lists all statutes and court rules providing a specific right of access existing on the date of promulgation of this rule, and a summary of the specific right of access. Annually before January 1 of each year the Court Administrator will update the list in the appendix.

(i) Restrictions on Specific Right of Access to Case Records. Notwithstanding the foregoing, where the public would not have access, parties, their lawyers, and guardians ad litem also do not have a right of access to the records listed in Rule 6(b)(2), (7), (9), (14), and (15).