Wash. Gen. R. 31

(a) Policy and Purpose. It is the policy of the courts to facilitate access to court records as

provided by Article I, Section 10 of the Washington State Constitution. Access to court records

is not absolute and shall be consistent with reasonable expectations of personal privacy as

provided by Article I, Section 7 of the Washington State Constitution and shall not unduly

burden the business of the courts.

(b) Scope. This rule applies to all court records, regardless of the physical form of the

court record, the method of recording the court record or the method of storage of the court

record. Administrative records are not within the scope of this rule. Court records are further

governed by GR 22.

(c) Definitions.

(1) “Access” means the ability to view or obtain a copy of a court record.

(2) “Administrative record” means any record pertaining to the management, supervision

or administration of the judicial branch, including any court, board, or committee appointed by

or under the direction of any court or other entity within the judicial branch, or the office of any

county clerk.

(3) “Bulk distribution” means distribution of all, or a significant subset, of the information

in court records, as is and without modification.

(4) “Court record” includes, but is not limited to: (i) Any document, information, exhibit,

or other thing that is maintained by a court in connection with a judicial proceeding, and (ii) Any

index, calendar, docket, register of actions, official record of the proceedings, order, decree,

judgment, minute, and any information in a case management system created or prepared by the

court that is related to a judicial proceeding. Court record does not include data maintained by or

for a judge pertaining to a particular case or party, such as personal notes and communications,

memoranda, drafts, or other working papers; or information gathered, maintained, or stored by a

government agency or other entity to which the court has access but which is not entered into the

record.

(5) “Criminal justice agencies” are government agencies that perform criminal justice

functions pursuant to statute or executive order and that allocate a substantial part of their annual

budget to those functions.

(6) “Dissemination contract” means an agreement between a court record provider and any

person or entity, except a Washington State court (Supreme Court, court of appeals, superior

court, district court or municipal court), that is provided court records. The essential elements of

a dissemination contract shall be promulgated by the JIS Committee.

(7) “Judicial Information System (JIS) Committee” is the committee with oversight of the

statewide judicial information system. The judicial information system is the automated,

centralized, statewide information system that serves the state courts.

(8) “Judge” means a judicial officer as defined in the Code of Judicial Conduct (CJC)

Application of the Code of Judicial Conduct Section (A).

(9) “Public” includes an individual, partnership, joint venture, public or private

corporation, association, federal, state, or local governmental entity or agency, however

constituted, or any other organization or group of persons, however organized.

(10) “Public purpose agency” means governmental agencies included in the definition of

“agency” in RCW 42.17.020 and other non-profit organizations whose principal function is to

provide services to the public.

(d) Access.

(1) The public shall have access to all court records except as restricted by federal law,

state law, court rule, court order, or case law.

(2) Information from an official juvenile offender court record shall not be displayed on a

publicly accessible website, consistent with the JISC Policy*. This rule does not preclude

accessing the record, digital or otherwise, from a county clerk’s office location.

*[JISC policy: Limitation on Dissemination of Juvenile Offender Court Records. **

The dissemination of juvenile offender court records maintained in the Judicial Information

System shall be limited as follows:

A. Juvenile offender court records shall be excluded from any bulk distribution of

JIS records by the AOC otherwise authorized by GR 31(g), except for research

purposes as permitted by statute or court rule.

B. The AOC shall not display any information from an official juvenile offender

court record on a publicly accessible website that is a statewide index of court

cases.

**Juvenile offender court records shall remain publicly accessible on the JIS Link

notwithstanding any provision of this section. (Section added September 6,

2013.)]

(3) Each court by action of a majority of the judges may from time to time make and

amend local rules governing access to court records not inconsistent with this rule.

(4) A fee may not be charged to view court records at the courthouse.

(e) Personal Identifiers Omitted or Redacted from Court Records.

(1) Except as otherwise provided in GR 22, parties shall not include, and if present shall

redact, the following personal identifiers from all documents filed with the court, whether filed

electronically or in paper, unless necessary or otherwise ordered by the Court.

(A) Social Security Numbers. If the Social Security Number of an individual must be

included in a document, only the last four digits of that number shall be used.

(B) Financial Account Numbers. If financial account numbers are relevant, only the last

four digits shall be recited in the document.

(C) Driver’s License Numbers.

(2) The responsibility for redacting these personal identifiers rests solely with counsel and

the parties. The Court, the Clerk, and the Administrative Office of the Courts will not review

each pleading for compliance with this rule. If a pleading is filed without redaction, the

opposing party or identified person may move the Court to order redaction. The court may

award the prevailing party reasonable expenses, including attorney fees and court costs, incurred

in making or opposing the motion.

Comment

This rule does not require any party, attorney, clerk, or judicial

officer to redact information from a court record that was filed prior to the

adoption of this rule.

(f) Distribution of Court Records Not Publicly Accessible.

(1) A public purpose agency may request court records not publicly accessible for

scholarly, governmental, or research purposes where the identification of specific individuals is

ancillary to the purpose of the inquiry. In order to grant such requests, the court or the

Administrator for the Courts must:

(A) Consider: (i) the extent to which access will result in efficiencies in the operation of the

judiciary; (ii) the extent to which access will fulfill a legislative mandate; (iii) the extent to which

access will result in efficiencies in other parts of the justice system; and (iv) the risks created by

permitting the access.

(B) Determine, in its discretion, that filling the request will not violate this rule.

(C) Determine the minimum access to restricted court records necessary for the purpose is

provided to the requestor.

(D) Assure that prior to the release of court records under section (f) (1), the requestor has

executed a dissemination contract that includes terms and conditions which: (i) require the

requester to specify provisions for the secure protection of any data that is confidential;

(ii) prohibit the disclosure of data in any form which identifies an individual; (iii) prohibit the

copying, duplication, or dissemination of information or data provided other than for the stated

purpose; and (iv) maintain a log of any distribution of court records which will be open and

available for audit by the court or the Administrator of the Courts. Any audit should verify that

the court records are being appropriately used and in a manner consistent with this rule.

(2) Courts, court employees, clerks and clerk employees, and the Commission on Judicial

Conduct may access and use court records only for the purpose of conducting official court

business.

(3) Criminal justice agencies may request court records not publicly accessible.

(A) The provider of court records shall approve the access level and permitted use for

classes of criminal justice agencies including, but not limited to, law enforcement, prosecutors,

and corrections. An agency that is not included in a class may request access.

(B) Agencies requesting access under this section of the rule shall identify the court records

requested and the proposed use for the court records.

(C) Access by criminal justice agencies shall be governed by a dissemination contract. The

contract shall: (i) specify the data to which access is granted, (ii) specify the uses which the

agency will make of the data, and (iii) include the agency’s agreement that its employees will

access the data only for the uses specified.

(g) Bulk Distribution of Court Records.

(1) A dissemination contract and disclaimer approved by the JIS Committee for JIS records

or a dissemination contract and disclaimer approved by the court clerk for local records must

accompany all bulk distribution of court records.

(2) Dissemination contracts shall not include the dissemination or distribution of juvenile

courts records.

(3) A request for bulk distribution of court records may be denied if providing the

information will create an undue burden on court or court clerk operations because of the amount

of equipment, materials, staff time, computer time or other resources required to satisfy the

request.

(4) The use of court records, distributed in bulk form, for the purpose of commercial

solicitation of individuals named in the court records is prohibited.

(5) The Administrator for the Courts is not responsible for the content of any court

documents published through the JIS.

(h) Appeals. Appeals of denials of access to JIS records maintained at state level shall be

governed by the rules and policies established by the JIS Committee.

(i) Notice. The Administrator for the Courts shall develop a method to notify the public of

access to court records and the restrictions on access.

(j) Access to Juror Information. Individual juror information, other than name, is

presumed to be private. After the conclusion of a jury trial, the attorney for a party, or party pro

se, or member of the public, may petition the trial court for access to individual juror information

under the control of court. Upon a showing of good cause, the court may permit the petitioner to

have access to relevant information. The court may require that juror information not be

disclosed to other persons.

(k) Access to Master Jury Source List. Master jury source list information, other than

name and address, is presumed to be private. Upon a showing of good cause, the court may

permit a petitioner to have access to relevant information from the list. The court may require

that the information not be disclosed to other persons.