A new procedural rule ending mandatory clerk of court reviews for confidential information in some civil filings will cause logistical problems, likely lead to the release of personal data, and need a massive education program for both attorneys and pro se filers, according to comments filed with the Supreme Court.

But other filers claim critics are overreacting and the new rule will speed public access to court records and follows policies set in federal court and virtually every other state.

At issue is a change to Rule of Judicial Administration 2.420(d) announced by the court on January 21 and effective July 1. The change ends mandatory clerk review of small claims court filings and circuit and county court civil cases, except for Jimmy Ryce civil commitments, cases stemming from sexual assault, and medical malpractice filings. The amended rule makes the redaction of confidential information the exclusive duty of filers, who are already required to file a notice to the clerk when a document has protected information.

Click Here To Read The Full Article