TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 41, N.D.Sup.Ct.Admin.R., Access to Judicial Records
In 2003, the Supreme Court instructed the Court Technology Committee to study the CCJ/COSCA guidelines for public access to court records. The CCJ/COSCA guidelines were developed to provide a framework for state court public records access rules. The guidelines attempt to deal with the electronic access and bulk access issues that are facing courts.
The Court Technology Committee was augmented for the study and during a series of meetings in 2004, the augmented committee developed and approved a revised court records access rule for North Dakota based on the CCJ/COSCA guidelines and Rule 41.
The Court Technology Committee sent its proposal and report to the Supreme Court. The Court sent the proposal out for comment, and decided after the comment period to refer the proposal to this Committee for review. The proposal, along with explanatory material from Judge Schmalenberger and Chief Justice VandeWalle is attached.