Amendments to the Uniform Trial Court Rules for Civil
Commitment Proceedings for Alcohol and Substance Abuse
Disorders
The Supreme Judicial Court has approved amendments to the Uniform Trial Court
Rules for Civil Commitment Proceedings for Alcohol and Substance
Abuse Disorders, effective Sept. 6, 2016.
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Amendments to Rule 3:10 of the Rules of the Supreme Judicial
Court
The Supreme Judicial Court has approved amendments to Rule 3:10
of the Rules of the Supreme Judicial Court effective November 1,
2016. Click here to learn more.
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SJC Justices' Statement on Approval of Trial Court Rule XIV on
Uniform Rules on Public Access to Court Records
The Supreme Judicial Court has approved Trial Court Rule XIV, Uniform Rules on Public
Access to Court Records, which governs access to court records
in the trial courts. The court's approval of the section of the
rule that governs remote access by attorneys through the Attorney
Portal (Section 5(b)) is provisional and the Court will revisit
this section in the fall of 2016.
Rule XIV sets out procedures to access court records at the
counter in the clerk's office of every trial court, at a public
access terminal in the clerk's office, and remotely through the
Internet. The rule attempts to balance the public's interest in
having accessible records with the legislative intent to limit
access to criminal records as reflected in the CORI statute and the
privacy interests of litigants, victims, and witnesses in some
court cases, such as juvenile proceedings, domestic violence cases
and child custody and other family matters. It contains provisions
addressing access to records in the courthouse, requests for
compiled and bulk data, and remote access to electronic court
records through a Public Internet Portal and an Attorney
Portal.
Because of reasonable concerns that were expressed after recent
changes were made limiting the information that had been available
to attorneys through the Attorney Portal, the Justices have
approved the section of the rule (Section 5(b)) that governs remote
access through the Attorney Portal on a provisional basis. The
justices asked the Chief Justice of the Trial Court to address the
concerns that were raised and to make a recommendation no later
than the end of October 2016 on whether changes should be made in
Section 5(b). Meanwhile, consistent with Rule XIV, the Trial Court
is expanding the information that can be viewed remotely through
the Public Internet Portal to include searchable criminal docket
information, beginning with the Superior Court. The Trial Court
plans to make criminal docket information in other court
departments available on the Internet over the coming months.
Rule XIV was developed by a Trial Court committee chaired by
Superior Court Judge Peter Lauriat. The committee worked for over
two years to develop a rule that attempts to balance various
interests and clarify procedures. In the course of its work, the
committee held a public hearing and also published its proposed
rule for public comment for a four month period. The public
comments on Proposed Rule XIV Uniform Rules on Access to Court
Records are available here.
In addition to approving Rule XIV, the Justices of the Supreme
Judicial Court asked the Chief Justice of the Trial Court to
appoint a standing committee, with representation from the courts,
the bar, and the media, to monitor implementation and make
recommendations for changes in the rules to respond to the rapid
and significant nature of technological changes.
The Justices also approved a new SJC Rule 1:24, governing
personal identifying information in court documents. This rule,
modeled on SJC guidelines that have been in place since 2009,
restricts parties and the courts from including certain personal
identifying information in court documents. Both new rules will
become effective on Nov. 1, 2016.