Subchapter A. PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA: OFFICIAL CASE RECORDS OF THE MAGISTERIAL DISTRICT COURTS

§ 213.1. Definitions.

 (a)  ‘‘Access’’ means that the public may inspect and photocopy the official case records of the magisterial district courts, except as provided by law or set forth in this policy.

 (b)  ‘‘Financial information’’ means financial institution account numbers, credit card account numbers, debit card numbers, PINS or passwords to secure accounts.

 (c)  ‘‘Official case records of the magisterial district courts’’ means the records filed with the magisterial district courts and maintained in the paper case files pursuant to specific legal authority.

 (d)  ‘‘Public’’ means any person, business, non-profit entity, organization or association. ‘‘Public’’ does not include Unified Judicial System officials or employees, or any Federal, State, or local government agency, or employees or officials of such an agency if acting in their official capacity.

 (a)  It is the policy of the Unified Judicial System to facilitate access by the public to the official case records of the magisterial district courts consistent with all relevant legal authority.

 (b)  This policy shall govern access by the public to the official case records of the magisterial district courts.

 (c)  Security, possession, custody and control of the official case records of the magisterial district courts are generally the responsibility of the magisterial district judge and his or her designated staff.

 (d)  Facilitating access by the public shall not substantially impede the orderly conduct of magisterial district court business.

 (a)  A request for access by the public to official case records of the magisterial district courts shall be made to the court that maintains the record.

 (b)  The court may require a requestor to submit a completed request form if the information that is the subject of the request is complex or voluminous. If the requestor does not submit a completed request form when requested by the court, access may be delayed until the form is completed or a time when an individual designated by the court is available to monitor such access to ensure the integrity of the case records is maintained. The Administrative Office of Pennsylvania Courts shall design and publish the request form.

 (c)  A request shall identify or describe the records sought with specificity to enable the court staff to ascertain which records are being requested. A request need not include any explanation of the requestor’s reason for requesting or intended use of the records.

 (a)  A court shall fulfill a request for access to the official case records of the magisterial district courts as promptly as possible under the circumstances existing at the time of the request.

 (b)  If a court cannot fulfill the request promptly or at all, the court shall inform the requestor of the specific reason(s) why access to the information is being delayed or denied.

 (c)  If a court denies a request for access, the denial shall be in writing on a form designed and published by the Administrative Office of Pennsylvania Courts. A denial may be appealed in writing to the president judge of the judicial district or president judge’s designee within 15 business days of service of the written notification by the magisterial district court. Within 20 business days of receipt of the appeal, the president judge or designee shall make a determination and forward it in writing to the requestor. This remedy is not exclusive and need not be exhausted before other relief is sought.

 (a)  Reasonable fees incurred in providing public access to the official case records of the magisterial district courts may be charged. Such fees may include, but are not limited to, postage, copying onto electronic media, transmission by facsimile or other electronic means, and other means of duplication.

 (b)  Fees for photocopying shall not exceed $.25 per page.

 (c)  The president judge of each judicial district shall establish a fee schedule by local rule pursuant to Pa.R.J.A. No. 103. The fee schedule shall be publicly posted.

 (a)  The following items or information residing in the official case records of the magisterial district courts are not accessible to the public:

 1. Forms filed pursuant to §  213.7 of this policy;

 2. Information sealed pursuant to a court order;

 3. Information to which access is restricted by Federal law, State law, or State court rule; and

 4. Notes, drafts, and work product of the magisterial district court.

 (b)  With the approval of the Chief Justice of Pennsylvania, the Court Administrator of Pennsylvania may determine that additional information in the official case records of the magisterial district courts is not accessible by the public because it presents a risk to personal security, personal privacy, or the orderly administration of the courts. The Court Administrator shall publish notification of such determinations in the Pennsylvania Bulletin and on the Unified Judicial System’s web site.

 (a)  Except as set forth in subsections (b) and (c), parties and their attorneys are directed to refrain from including social security numbers and financial information in all documents and exhibits filed with the court.

 (b)  If inclusion of the information set forth in subsection (a) is required by law or requested by the court, a party shall file the information on a separate form prescribed by the Administrative Office of Pennsylvania Courts. This form shall not be accessible to the public.

 (c)  If the identity of a financial institution account number, credit card account number or debit card number must be established, only the last four digits of the number may be included in the documents and exhibits filed with the court.

 (d)  The parties and their attorneys are solely responsible for complying with the provisions in subsection (a). The court staff will not review any document for compliance with subsection (a). A party’s or attorney’s failure to comply with these provisions shall not affect access to official case records of the magisterial district courts that are otherwise accessible.

   The provisions of this §  213.7 adopted January 22, 2010, effective July 1, 2010, 40 Pa.B. 513.

   The provisions of this §  213.12 reserved January 22, 2010, 40 Pa.B. 513. Immediately preceding text appears at serial pages (324324) to (324325).