PRESS RELEASE

New Rule Formalizes long-held policy
Supreme Court of Pennsylvania Adopts Policy
Governing Public Access to Its Financial Records

HARRISBURG, May 14, 2007 - The Pennsylvania Judiciary's long-standing practice of providing open, public access to its financial and related administrative records was formalized today under an order issued by the Supreme Court of Pennsylvania.

The order creates a new Rule of Judicial Administration that establishes a systematic process for requesting and accessing state court system records that deal with the use of public funds, including the purchase of services, supplies or equipment. The rule takes effect July 1, 2007.

"We have a continuing interest in making both case information and financial records available to Pennsylvania's citizens," Chief Justice of Pennsylvania Ralph J. Cappy said. "For decades we have followed a policy that has made those records readily available for review. Members of the media, especially, have routinely inspected these records and have periodically noted our commitment to accessibility. Today, we simply formalize an important principle that we have consistently applied in practice."

Chief Justice Cappy noted that in addition to this new rule governing accessibility to financial records, the Supreme Court adopted a broad policy that took effect Jan. 1, 2007 governing accessibility to Pennsylvania's increasing numbers of electronically-maintained court case records.

"Pennsylvania's Judiciary is an established national leader in automating court processes, and among the resulting benefits of automation is wider, electronic accessibility to court case information," Chief Justice Cappy said. "We are proud to be able to make criminal and appellate court case information readily available through the Internet and promise that those initiatives will not be our last.

"By the same token, in this age of identity theft, we are mindful that data contained in case information, financial or administrative records are liable to misuse or may enable breaches in various forms of personal security. With that in mind, we are constantly reviewing the impact of our efforts to expand records' accessibility, studying other states' and jurisdictions' experiences, and trying to apply what we learn to expand safe, secure accessibility. This new rule, and the policy adopted earlier this year, both are intended to make our commitments clear and structure the means of ensuring that our commitments are fulfilled.

"The new rule strikes a reasonable balance between formally establishing a uniform method for handling access to most financial records and further instilling a sense of accountability to the taxpayers of Pennsylvania."

Among the new rule's provisions, all of which have been in place informally prior to the rule's adoption:

• Citizens may seek access to various financial records via written request in a variety of ways, including by e-mail and fax. (Experience indicates that oral requests are difficult to administer and difficult to precisely identify information sought.)

• Citizens may not be asked the purpose of their request or intended use of the information sought, though dialogue with a requester is often helpful to establish precisely what records are sought.

• Information about accessing information available will be posted on a clearly accessible page on the Unified Judicial Systems Web page (www.courts.state.pa.us).

• Only reasonable costs may be charged for duplication and transmission of records.

• Time standards for various actions by the Administrative Office of Pennsylvania Courts are established, as is an appeal process if for some reason a request for information is denied.

• The AOPC is not required to compile new records or reorganize existing records in response to a request.

There are some practical exceptions to the new disclosure rule. They include: any record restricted by federal or state law or a court order; social security numbers and home telephone numbers or similar personal identifiers; credit card numbers and anything determined to pose a possible security threat.

Establishing the new rule underscores the Pennsylvania Judiciary's ongoing commitment to continuing to promote public trust and confidence in the state court system, efforts which have been exemplified by various directives of the state Supreme Court, including:

• The January 2007 policy to facilitate access to electronic case records, a product of an extensive review process that included publication of a draft policy for public comment and a public hearing thereafter for additional comment.

• The systematic statewide compilation of statistics to provide a reference point for complex medical malpractice litigation cases, one of the most difficult public policy issues of the past decade. The data is posted and routinely updated on the Pennsylvania Judiciary's Web site and has added to the store of useful information for state health care policy makers.

• An historic order less than two years ago that removed a long-standing veil of confidentiality regarding the lawyer disciplinary process in the Commonwealth.

• A recent effort to broaden the Court's reach for people interested in serving on judicial advisory boards and committees by inviting eligible parties to submit applications available on the Judiciary's Web site.

Supreme Court order
RJA 509

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