The policy body of the state’s courts has published for public comment a rule providing right of access to administrative court records. The deadline for comment is October 29. -DB
California Newspaper Publishers Association
October 7, 2009
The Judicial Council, the policymaking body of the state’s courts, has published for public comment a proposed rule of court that would provide the public a right of access to administrative court records. The deadline for comments is 5:00 p.m. on October 29.
The Judicial Council intends to adopt some form of this rule at its December meeting to comply with SB 4x 13 by Sen. Denise Ducheny (D-San Diego), a budget trailer bill that requires the new rule to be effective by January 1, 2010.
CNPA, CalAware, the First Amendment Coalition, counsel representing the Assembly and Senate Judiciary committees and Assembly Speaker Karen Bass (D-Los Angeles) and representatives of public employee unions met recently with a Judicial Council subcommittee for a freewheeling discussion on a previous working draft of the rule. Virtually all the invitees urged the Judicial Council subcommittee to stick closely with the provisions of the CPRA and deviate only when the unique characteristics of the judicial branch require it.
While many positive changes were made as a result of that discussion, the proposed rule published for public comment maintains several provisions that were opposed by all members of the group except representatives of the council and judges. The largest remaining issues of contention include an express codification of the deliberative process privilege and provisions allowing the recovery of extraordinary fees for processing records requests.
CalAware’s Terry Francke has promised a series of posts on CalAware Today analyzing the impact of the proposed rule. The CNPA board of directors will discuss how best to express its remaining concerns with the proposed rule at its quarterly meeting next Friday at the Burbank Marriott.
CNPA governmental affairs staff urges CNPA members to alert the public of the proposed rule and its right to comment, and to consider filing brief, informal comments of their own.
Copyright 2009 California Newspaper Publishers Association