Judge Schmalenberger, Chair
Kurt T. Schmidt
Electronic Access sub-Committee members
Jim Loomis, Credit Bureau of Fargo
Pam Crawford, Dept. of Human Services
Jack McDonald, Wheeler Wolf Law Firm
The Chair called the meeting to order.
The minutes of the previous meeting were approved as distributed.
Kurt discussed ITD’s proposal to eliminate dial up connectivity in all locations except Bismarck and the 800 number and proposed that we: 1) eliminate dial up ID’s that nave not been used since January 1, 2003; 2) configure dial up computers to use the Bismarck number and the 800 number; 3) Do not allow dial-up connectivity as the primary connectivity type for personal use.
Judge Medd/Penny Miller moved/second to approve the proposal with the assumption that all users are notified in advance of the intent to discontinue service and allow them to request to keep the dial up access. The motion passed.
Kurt will implement the proposal and motion.
The group was once again joined by members of the electronic access subcommittee, including Mike Hagburg, Jim Loomis of the Credit Bureau of Fargo, Pam Crawford of the Department of Human Services, and Jack McDonald of Wheeler Wolf Law Firm for the purposes of discussing the rough draft created by Mike Hagburg.
Electronic Access to Court Records.
Mr. Hagburg explained to the group that he created the draft document by combining elements of current policies 213 and 215 with the model policy from the National Center for State Courts.
The following changes were made to the document:
It was moved/second to delete from line 6 “This rule provides for access in a manner that…” through line 21 and renumber accordingly. The motion passed
It was moved/second that a source note indicating that section came from the CCJ/COSCA guidelines. The motion passed.
Ted Smith/Jack McDonald moved/second to delete “the same” from line 23. The motion passed
It was moved/second to delete lines 25 through 40 and renumber accordingly. The motion passed
Jack McDonald/Judge Medd moved/second to make section 2 become section 1a. The motion passed.
Jack McDonald/Judge Medd moved/second delete “by a custodian, custodial court or other court personnel” from line 45 and renumber accordingly. The motion was withdrawn.
Judge Medd/Jack McDonald moved/second moved to delete “by a custodian, custodial court or other court personnel” from line 45 and renumber accordingly. The motion passed.
Jack McDonald/Ted Gladden moved/second to delete “a custodian, custodial court or other” from line 49. The motion passed.
Jack McDonald/Ted Gladden moved/second to remove “a custodian, custodial court or other” from line 51. The motion passed
Jack McDonald/Fay McIntyre moved/second to delete lines 51 through 54.
The motion was substituted with a motion to delete line 51 and the word “personnel” from line 52 and renumber accordingly.
Line 52 would then state “(C) Information maintained by court personnel pertaining to the administration of the court or clerk of court office and not associated with a particular case.”
The motion passed.
Judge Leclerc/Jack McDonald moved/second to delete lines 59 through 62 and renumber accordingly. The motion passed.
Ted Gladden/Judge Leclerc moved/second to delete “definition of Public Access” on lines 42, 66 and 68. The motion passed.
Judge Leclerc/Judge Nelson moved/second to delete lines 78 and 42 and renumber accordingly. The motion passed.
Jack McDonald/Ted Gladden moved/second to have staff review the definition sections to ensure the definitions clearly include municipal and district courts. The motion passed.
Ted Gladden/Judge Leclerc moved/second to insert the words “, regardless of the form” between “record” and “includes” on line 43. The motion passed.
Judge Leclerc/Ted Gladden moved/second to delete lines 86 through 89 and begin the next section with line 90. The motion passed.
Jack McDonald/Fay McIntyre moved/second to delete line 92 and substitute the words “this rule”. The motion passed.
Judge Leclerc/Judge Nelson moved/second to delete the word “local” from line 96. The motion passed.
Penny Miller/Jack McDonald moved/second to replace the words “pursuant to sections” from line 132 and all of line 133 and replace with the words “this rule”. The motion passed.
Penny Miller/Jack McDonald moved/second to add the word “or” between the words “law” and “court” on line 142. The motion passed.
Judge Leclerc moved to delete lines 143 and 144. The motion died for lack of a second.
The committee asked if Mr. Schmidt could provide an overview of how the process of acquiring information may work, how to apply, suggested fees, technical hurdles etc. Mr. Schmidt said he will distribute a rough draft of how the concept could work.
Ted Smith/Judge Nelson moved/second to delete lines 191 through 201. The motion passed with Judge Medd voting no.
It was moved and second to delete “(a partial list is contained in the appendix to this rule)” from lines 204 and 205 and to reserve space in the rule to include the list at this location. The motion passed.
The committee asked that Kurt Schmidt or Mike Hagburg create appropriate language for lines 222 and 223 that reflect things such as Law clerk communications, works in progress, bench memos, judge’s notes, draft documents and other not-yet-final documents.
The committee asked, and Jack McDonald agreed to provide appropriate language around lines 235 through 265.
Penny Miller/Ted Gladden moved/second to replace “established by the court” with “normal business hours” on lines 267-268.
Penny Miller/Ted Gladden moved/second to delete from lines 269-270 “for access at least during the hours established by the court for courthouse access, subject to unexpected” with “subject to normal business hours, and subject to”. The motion passed.
Judge Nelson moved to delete section 8. The motion died for lack of a second.
The committee asked Mr. Schmidt to work with Mr. Hagburg on the changes identified.
The meeting adjourned.
The next meeting is scheduled for June 18, 2004 in Bismarck.