Ky. Sup. Ct. Order 2026-30

Supreme Court of Kentucky

2026-30

AMENDED ORDER

IN RE: COURT OF JUSTICE FRAMEWORK & GUIDING PRINCIPLES

FOR POLICY REGARDING ACCESS TO COURT RECORDS &

INFORMATION

The Court of Justice has a duty to maintain court records 1 for the use of

Court of Justice personnel and to ensure public access to those records, in

furtherance of the public’s trust, for the fair administration of justice. The

constant evolution of technology presents the Court of Justice with

unprecedented challenges in determining the balance between access to court

records, protection of personally identifying information, and the public’s right

to privacy.

Pursuant to Sec. 116 of the Kentucky Constitution and Supreme Court

Rule 1.010, and in order to continue to guide the business decisions involving

access to court records of the Court of Justice of Kentucky, it is hereby

ORDERED that the Court of Justice Framework and Guiding Principles for

Policy Regarding Access to Court Records/Information, adopted by the

Supreme Court of Kentucky, Administrative Order, entered February 17, 2000,

is renamed the Court of Justice Guiding Principles for Policy Regarding Next

Generation Access to Court Records, Information, and Data and is replaced in

its entirety as follows:

COURT OF JUSTICE GUIDING PRINCIPLES FOR POLICY

REGARDING NEXT GENERATION ACCESS TO COURT RECORDS

PRINCIPLE 1: Court records are subject to disclosure except as defined by

statute and court rule. Denial of access to court records has the potential to

compromise the judiciary's role in society, inhibit accountability, and endanger

public safety, and any limitation of access should be scrutinized.

1 ”Cou r t r ecor ds‘ r efer s t o t h e officia l r ecor d of a pr oceedin g per CR 79.05 a n d RAP 27, a s well a s t h e

a ssocia t ed da t a collect ed by t h e cler k of t h e cou r t in t h e r egu la r cou r se of bu sin ess t h r ou gh u se of

elect r on ic syst em s a n d bu sin ess pr ocesses m a n da t ed by t h e Su pr em e Cou r t.

PRINCIPLE 2: Compliance with all laws governing confidentiality of court

records and the protection of personally identifiable information is

foundational.

PRINCIPLE 3: Court records are a public trust. The ownership and control of

court records is vested in the Supreme Court and should not be transferred to

other parties for any use except as authorized by the Supreme Court.

PRINCIPLE 4: The highest public benefit of court records is in their use to

further a public mission. The public-benefit test should be employed in

determining legitimate governmental or business uses of court records.

Commercial use is inconsistent with a public mission.

PRINCIPLE 5: Court records should be utilized to further judicial efficiencies,

justice, and a public mission. Business decisions utilizing court records should

consider risks and appropriate safeguards related to unnecessary disclosure of

information by which a person can be identified and certain court matters of a

more personal nature.

PRINCIPLE 6: Protection of personally identifiable information and certain

personal matters must not impede the business and judicial needs for access

to the information and strong societal reasons for allowing public access to

court records, including individual Due Process rights.

PRINCIPLE 7: The Court of Justice should not restrict access to information

about the maintenance of or access to court records except when necessary to

prevent disclosure of a vulnerability.

PRINCIPLE 8: In-person access to the official court record at the record

custodian’s facility should remain open and free in accordance with the law.

Any other access to court records, provided as a convenience or courtesy

service, should further a public mission.

PRINCIPLE 9: Financial disincentives should not be used to restrict or limit

access to court records.

PRINCIPLE 10: Fees reflective of the associated administrative costs should be

considered when necessary to provide any type of enhanced access to court

records.

PRINCIPLE 11: Whenever necessary to further a public mission or safeguard

against the unnecessary disclosure of other personally identifying information

and certain personal matters, access to court records should be subject to

terms of use.

All sitting. All concur.

ENTERED this 18th day of August, 2026.

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CHIEF JUSTICE