Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General
policy. Financial records of the Unified Judicial System are presumed to be
open to any member of the public for inspection or copying during established
business hours. The term "financial records" is defined as any account, contract,
invoice or equivalent dealing with:
1) the receipt
or disbursement of funds appropriated to the system; or
2) acquisition, use or disposal of services, supplies,
materials, equipment or property secured through funds appropriated to the
system.
(b)
Accessibility. All financial records are accessible to the public
except the following:
(1) any part of a record
setting forth information to which access is otherwise restricted by federal law,
state law, court rule, court order or court policy;
(2) any part of a record setting forth a person's
social security number, home address, home telephone number, date of birth,
operator's license number, e-mail address, or other personal information;
(3) any part of a record setting forth the address
of a judge's chambers or office located outside a judicial facility;
(4) any part of a record setting forth financial
institution account numbers, credit card numbers, personal identification numbers
(PINs) and passwords used to secure accounts;
(5) any part of a record setting forth information
presenting a risk to personal security, personal privacy, or the fair, impartial and
orderly administration of justice, as determined by the Court Administrator of
Pennsylvania.
Note: For purposes of Rule 509(b)(3), a "judicial
facility" is a facility, such as a courthouse, that includes a courtroom, hearing
room, or other rooms used by the court to conduct trials, hearings, or other public
proceedings.
(c)
Procedure for requesting access.
(1) A request to inspect or obtain copies of
records accessible pursuant to this rule and in possession or control of the
Administrative Office of Pennsylvania Courts shall be made in writing to the records
manager, as designated by the Court Administrator of Pennsylvania. A request to
inspect or obtain copies of records accessible pursuant to this rule and in
possession or control of a court of a judicial district shall be made in writing to
the records manager, as designated by the president judge. A written request may be
submitted in person, by mail, by e-mail, by facsimile, or, to the extent provided,
any other electronic means, on a form provided by the Administrative Office.
Official Note
Information related to procedures applicable to written requests to
the AOPC may be found on the UJS website, located at www.pacourts.us. Information related to procedures
applicable to requests for courts within a judicial district should be posted on the
local court's website.
(2)
A request should identify or describe the records sought with sufficient specificity
to enable the records manager to ascertain which records are being requested. A
request need not include any explanation of the requester's reason for requesting or
intended use of the records.
(3) The
records manager shall not be required to create financial records which do not
currently exist or to compile, maintain, format or organize such records in a manner
in which the records are not currently compiled, maintained, formatted or
organized.
(4) Within 10 business days
of receipt of a written request, the records manager shall respond in one of the
following manners:
(i) fulfill the request, or if
there are applicable fees and costs that must be paid by the requester, notify
requester that the information is available upon payment of same;
(ii) notify the requester in writing that the
requester has not complied with provisions in this rule and specifically identify
the reason(s) why;
(iii) notify the
requester in writing that the information cannot be provided and specifically
identify the reason(s) why;
(iv) notify
the requester in writing that the request has been received and the expected date
that the information will be available, not to exceed 30 business days.
Official Note
Subsection (c)(4)(iv) contemplates that bona fide reasons may
impede the ability of the records manager to fulfill a request within 10 business
days (e.g., extensive redaction required of personal identifiers; retrieval of a
record(s) stored in a remote location may be required; timely response cannot be
accomplished due to staffing limitations; or the extent or nature of the request
precludes a response within the requisite time period).
(5) If the AOPC records manager denies a written
request for access, the denial may be appealed in writing within 15 business days of
the mailing date of the written response by the records manager to the Court
Administrator of Pennsylvania or designee. Within 20 business days of receipt of the
appeal, the Court Administrator or designee shall make a determination and forward
it in writing to the requester. This remedy need not be exhausted before other
relief is sought. Any further appeal shall be subject to Chapter 15, Judicial Review
of Governmental Determinations, of the Pennsylvania Rules of Appellate Procedure.
If the records manager of a judicial district denies a written
request for access, the denial may be appealed in writing within 15 business days of
the mailing date of the written response by the records manager to the president
judge or designee. 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
requester. This remedy need not be exhausted before other relief is sought. Any
further appeal shall be subject to Chapter 15, Judicial Review of Governmental
Determinations, of the Pennsylvania Rules of Appellate
Procedure.
(d)
Fees.
(1) Reasonable costs
incurred in providing public access to records may be charged pursuant to this rule.
Such costs may include, but are not limited to, postage, photocopying, copying onto
electronic media, transmission by facsimile or other electronic means, and other
means of duplication.
(2) Prior to
granting a request for access in accordance with this rule, the records manager may
require a requester to prepay an estimate of the fees associated with the request,
if the fees are expected to exceed $100.
(e)
Publication of Financial Record
Information.
(1) The Administrative
Office shall make contract information available on the Unified Judicial System's
website.
(2) For the appellate courts
and Administrative Office, the Unified Judicial System's website shall also contain:
(i) appropriation names, descriptions and annual
funding amounts;
(ii) expenditure data,
including name and address of entity receiving payment, payment amount, applicable
appropriation and fiscal year;
(iii)
employee complement information, including position title and current annual salary,
posted on a monthly basis; and
(iv) a
listing of position titles and total annual compensation paid as of the end of the
prior calendar year for each employee, posted on a yearly
basis.
Official Note
The Pennsylvania Judiciary's long-standing practice of
providing open, public access to its records, both administrative and case-related,
has been formalized in this rule and other policies adopted by the Supreme Court.
The underlying premise for public access policies and practices in the Unified
Judicial System is always the presumption of open records.
Initially promulgated by the Supreme Court on May 14, 2007, this
rule furthers the Judiciary's commitment to establishing systematic processes
for requesting and accessing state court system records. The rule took effect July
1, 2007.
The enactment of revisions to the Right-to-Know Law (Act 3 of 2008)
occurred on February 14, 2008. Act 3 includes the judiciary only as it pertains to
access of financial records, as defined by the Act, and regarding the Internet
publication of judiciary contracts by the Commonwealth's Treasury Department.
Section 304 of Act 3 of 2008 provides that a ''judicial agency
shall provide financial records in accordance with this act or any rule or order of
court providing equal or greater access to the records.''
[Emphasis added.]
This rule, as amended, is promulgated pursuant to the Pennsylvania
Supreme Court's constitutional authority regarding the administration of the
courts under Article V, Section 10 and Section 304 of Act 3 of 2008. The expansion
of the scope of this rule is in accordance with the continuing effort to promote the
Unified Judicial System's policy of the public's right of access to
records that deal with the use of public funds.
Pursuant to the Supreme Court's Order of June 23, 2008,
access to financial records and publication of contract information of the Unified
Judicial System shall be provided in accordance with this rule.
Effective on December 17, 2012, the Supreme Court directed the
Administrative Office to augment the Unified Judicial System's website to
include annual appropriation, expenditure, personnel complement and annual
compensation information for the appellate courts and Administrative Office of
Pennsylvania Courts, pursuant to its Order of November 8, 2012. The term
''entity'' shall not include employees of the Unified
Judicial System.
