Current through Register Vol. 53, No. 52, December 30, 2023
(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 financial institution account numbers, credit card
numbers, personal identification numbers (PINs) and passwords used to secure
accounts;
(4) 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.
(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.
(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.
(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.
The provisions of
this Rule 509 adopted May 14, 2007, effective 7/1/2007, 37 Pa.B. 2491; amended June 23, 2008,
effective 1/1/2009, 38 Pa.B.
3613; amended July 16, 2012, effective immediately, 42 Pa.B. 4907; amended
November 8, 2012, effective 12/17/2012, 42 Pa.B.
7246.