Md. Admin. Order of 2005-09-29 (Approving General Records Retention and Disposal Schedule ...)

IN THE COURT OF APPEALS

ADMINISTRATIVE ORDER APPROVING GENERAL RECORDS RETENTION AND DISPOSAL

SCHEDULE 2330 AND

WHEREAS, By letter dated July 22, 2005, the Records Retention Committee forwarded a

proposed Schedule No. 2330, to replace current General Schedules Nos. 655, 655A-1, 655A-2, and

1044, governing records of the Circuit Courts of Maryland; and

WHEREAS, The proposed Schedule was submitted for comment to the Conference of Circuit

Judges, the Conference of Circu it Court Clerks, the Conference of Court Administrators, and the

Circuit Court Clerks’ Association and approved unanimously by each of those organizations; and

WHEREAS, After review, I concur in adoption of the proposed Schedule as set forth in the

attachment and also amend the Administrative Order Setting Minimum Requirements for Court

Reporting and Transcription in Maryland Courts, date February 16, 2005, to alter the provisions on

record retention pending final recommendations on concomitant rule changes to be made by the

Standing Committee on Rules of Practice and Procedure in conjunction with the Standing Committee

on Court Reporting; and

WHEREAS, On final authorization of the Schedule by the State Archivist, the Schedule should

be made available on the Judiciary’s website and otherwise disseminated as the State Court

Administrator considers appropriate;

NOW, THEREFORE, I, Robert M. Bell, Chie f Judge of the Court of Appeals and the

administrative head of the Judicial Branch of this State, pursuant to the authority conferred by Article

IV, §18 of the Maryland Constitution, Maryland Code, State Government Article § 10-632, Code of

Maryland Regulations 14.18.02F, and Maryland Rules 16-404 and 16-818, do, this 29 th day of

September, 2005:

(1) Rescind General Retention Schedules No. 655, 655A-1, 655A-2, and 1044 and approval

General Retention and Disposal Schedule No. 2033, to be effective on authorization of the latter by

the State Archivist;

(2) Order that Schedule No. 2033 be made available on the Judiciary’s website and

otherwise disseminated as the State Court Administrator considers appropriate on final authorization

as above; and

(3) Amend the Administrative Order Setting Minimum Requirements for Court Reporting

and Transcription in Maryland Courts, date February 16, 2005, in part as follows:

9. a. Scope. This Section [does not apply to:

(1)] APPLIES ONLY TO a recording of a grand jury proceeding [;

or

(2) an electronic tape recording made by or for a master] OF WHICH

THE JUDICIAL BRANCH HAS CUSTODY.

b. Retention Periods. Subject to the limitations AND PROCEDURES in

[this Section, with the written approval of a Circuit Administrative Judge] GENERAL RECORDS

RETENTION AND DISPOSAL SCHEDULE 2330, [a clerk of court] AN OFFICIAL

CUSTODIAN, AS DEFINED IN MARYLAND CODE, STATE GOVERNMENT ARTICLE,

§ 10-611(C) may dispose of notes [at any time after the expiration of the following periods:

(1) in a civil case, 5 years after the notes are taken; and

(2) in a criminal case, 12 years after the notes are taken] IN THE

CUSTODY OF THE OFFICIAL CUSTODIAN AND DIRECT OTHER CUSTODIANS TO

DISPOSE OF OTHER NOTES.

[c. Disposition Schedule.

(1) At intervals set by a Circuit Administrative Judge, each

individual providing court reporting services in the circuit or a designee of the Circuit Administrative

Judge shall draft a schedule for disposal of notes.

(2) The supervisory court reporter or, if none, the individual providing

court reporting services or the Circuit Administrative Judge’s designee, shall submit:

(i) a schedule for a circuit to the State Archives for

its recommendations; and

(ii) a schedule and the recommendations of the State

Archives to the Circuit Administrative Judge.

(3) A Circuit Administrative Judge may approve or disapprove a

schedule. Approval of a schedule shall be in writing and shall be deemed a court order for disposal

of the notes in accordance with the schedule.

(4) As approved, each schedule shall:

(i) identify the notes, by case name and number, or by

reference to permanent source documents such as the court’s dockets and minutes of proceedings;

(ii) state the date on which, or the inclusive dates during which,

the notes were taken;

(iii) state whether the State Archives accepts or declines

to accept the notes for preservation;

(iv) state the manner in which notes that the State Archives has

declined to accept will be disposed of; and

(v) state the place to which notes that the State Archives has

accepted will be removed.

d. Removal. Notes that the State Archives accepts shall be removed

in accordance with the procedures for the Archives.

e. Disposal Certificate. After di sposal of notes, the supervisory

court reporter or, if none, the individual providing court reporting services or the Circuit Administrative Judge’s designee, shall send a certificate of disposal to the State Archives.]

10. Application.

C. THE AMENDMENT TO SECTION 9 OF THIS ORDER DOES NOT

AFFECT ANY DISPOSITION OF NOTES AUTHORIZED OR EFFECTED BEFORE THE

EFFECTIVE DATE OF THE AMENDMENT.

12. Effective Dates.

Sections 1 and 3 of this Order shall take effect immediately. THE AMENDMENT TO

SECTIONS 9 AND 12 AND THE ADDITION OF SECTION 10C SHALL TAKE EFFECT ON

AUTHORIZATION OF GENERAL RECORDS RETENTION AND DISPOSAL SCHEDULE

2330 BY THE STATE ARCHIVIST. The balance of this Order shall take effect on April 18, 2005.

/s/ Robert M. Bell

Robert M. Bell

Chief Judge for the Court of Appeals

Filed: September 29, 2005

/s/ Alexander L. Cummings

Alexander L. Cummings

Clerk

Court of Appeals of Maryland