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Rule 37.5. Public Access to Public Records Within the Alaska Court System.
(a) All public records within the Alaska Court System shall be open to inspection by any member of the public at all times during the regular office hours of the courts as prescribed in these rules. The administrative director shall establish written guidelines to insure that all members of the public will upon request be given reasonable access and opportunity to inspect such public records and to insure the preservation and safekeeping of such public records for such period of time as they may be kept by the Alaska Court System.
(b) "Public records" means all or any portion of: any written, typed or printed document; any magnetic or electronic recording of sounds, pictures and symbols; any papers, maps, photographic film or prints, any electronic or magnetic tapes or punched cards; or any other document or item filed with, or prepared, owned, or used, by the Alaska Court System which contains information relating to the conduct of the public's business and which does not contain any information or subject matter within the following categories:
(1) Personal information, performance evaluations or disciplinary matters of or relating to any past or present employee of the Alaska Court System or any other person who has applied for employment with the Alaska Court System; except that employment applications for magistrate positions and for other positions as provided by Alaska Court System Personnel Rule 3.04 are open to public inspection;
(2) Memoranda, notes or preliminary drafts prepared by or under the direction of any judicial officer of the Alaska Court System which relate to the adjudication, resolution or disposition of any past, present or future case, controversy or legal issue;
(3) The work product of any attorney or law clerk employed by or representing the Alaska Court System which is produced in the regular course of business or representation of the Alaska Court System;
(4) Matters which are required to be kept sealed or confidential pursuant to statute, court rule or order of a court for good cause; or, if consistent with state law, pursuant to administrative regulation or local ordinance.
(Adopted by SCO 503 effective February 1, 1982; amended by SCO 943 effective January 15, 1989; and by SCO 1016 effective January 15, 1990)
Cross References
CROSS-REFERENCES: Administrative Bulletins 12 (Guidelines for Inspecting and Obtaining Copies of Public Records); 46 (Micrographics Quality Control Standards)
ALASKA COURT SYSTEM
OFFICE OF THE ADMINISTRATIVE DIRECTOR
ADMINISTRATIVE BULLETIN NO. 12
AMENDED FEBRUARY 23, 1990
TO: ALL HOLDERS OF ADMINISTRATIVE BULLETIN SETS:
Area Court Administrators Presiding Judges
Clerk of the Appellate Courts Senior Staff
Third District Rural Training Assistant Administrative Associate
Magistrates at locations with no full-time clerk
Law Libraries at Anchorage, Fairbanks, Juneau & Ketchikan
SUBJECT: Guidelines for Inspecting and Obtaining Copies of Public Records
This bulletin is promulgated pursuant to Supreme Court Order No. 503 and establishes a procedure for inspecting and obtaining copies of public records, including the time, place and manner of inspection together with fees which may be required for production of records.
I. DEFINITION OF PUBLIC RECORDS (Administrative Rule 37.5(b))
"Public records" means all or any portion of: any written, typed or printed document; any magnetic or electronic recording of sounds, pictures and symbols; any papers, maps, photographic film or prints, any electronic or magnetic tapes or punched cards; or any other document or item filed with, or prepared, owned, or used by the Alaska Court System which contains information relating to the conduct of the public's business and which does not contain any information or subject matter within the following categories:
A. Matters which are required to be kept sealed or confidential pursuant to statute, court rule or order of a court. Access to confidential and sealed case files and documents is governed by Administrative Bulletin No. 48, Standard 6.
B. Personal information, performance evaluations or disciplinary matters of or relating to any past or present employee of the Alaska Court System or any other person who has applied for employment with the Alaska Court System;
C. Memoranda, notes or preliminary drafts prepared by or under the direction of any judicial officer of the Alaska Court System which relate to the adjudication, resolution or disposition of any past, present or future case, controversy or legal issue;
D. The work product of any attorney or law clerk employed by or representing the Alaska Court System which is produced in the regular course of business or representation of the Alaska Court System;
II. CUSTODIAN OF RECORDS
A. The clerk is the custodian of records of judicial proceedings within the court where the records are located.
B. The area court administrator is the custodian of administrative records for the judicial district in which the records are located.
C. The administrative director is the custodian of records relating to overall administration of the Alaska Court System.
D. The custodian may appoint a designee to respond to inspection and copy requests.
III. FORM OF REQUEST
A. Administrative Records
1. A request to inspect or to obtain copies of administrative records shall be made in writing to the custodian of the records unless otherwise allowed by the custodian.
2. A written request to inspect or to obtain copies of administrative records shall include:
(a) The name, mailing address and telephone number of the requesting person.
(b) The specific documents which the person wishes to inspect or to have copied.
(c) The date of the request.
B. Judicial Proceedings
1. A request to inspect or to obtain copies of records of judicial proceedings, including case files, case-related documents, exhibits and audio tapes, must be made in the manner designated by the clerk of each court.
2. A request to inspect a case file must specify the case number.
3. A request must be made in person during working hours to the custodian of those records, unless letter inquiries are allowed by the area court administrator.
4. Court clerks are not obligated to answer questions, made either in person, by letter or by telephone, about the content of court files. A clerk may not answer such an inquiry unless the time required to ascertain the answer is minimal, the answer is obvious from the face of the file documents, and the area court administrator has authorized answering such inquiries.
IV. RESPONSE TO REQUEST
A. Upon request, a case file must be made available for inspection to an attorney or party or record as follows:
1. Immediately, if the case file is located in the clerk's office and if it is not being processed or used for research by a court employee.
2. If the case file is located outside the clerk's office, and the requestor is an attorney or party of record, the clerk will determine if the file is available for immediate inspection and, if so, make necessary arrangements for the immediate inspection of the file. If the case file is not available for immediate inspection because it is being processed or used for research by a court employee, the clerk will determine and notify the requestor of a time within 24 hours of the request when the case file will be available for inspection.
B. Upon request, a case file must be made available for inspection to a member of the general public within one working day after the request is made. Exception: If a case file is checked out of the clerk's office, is being processed by the clerk's office or cannot be located, response must be as provided in paragraph C below.
C. All Other Records
The custodian shall acknowledge a request for inspection or copying of records verbally or in writing no later than five working days after the request is made.
D. The response shall indicate whether the records are public, and if so, when and where inspection may take place or copies may be obtained. The custodian must inform the requestor that the records will be available for inspection for no fewer than five working days.
1. If the custodian determines the records can be made available for inspection or can be copied without unreasonable disruption to ongoing court or administrative activities, inspection or copying shall take place within five days after the custodian receives the request.
2. If the custodian determines the records cannot be made available for inspection or cannot be copied within five days after the custodian receives the request, the custodian shall notify the requestor of when and where inspection may take place or copies will be provided, and shall inform the requestor of the reasons for the delay. Inspection must be permitted or copies provided within a reasonable time from the date of the request.
3. If the records do not exist, the response shall so indicate.
4. If the request does not provide sufficient information to locate the records, the request shall be returned, and the requestor notified.
5. If access to the records is not permitted under Rule 37.5 of the Rules Governing the Administration of All Courts, the response shall indicate the basis for denial of the inspection request.
6. If the custodian cannot determine whether access is permitted, the response shall state that the inspection request has been referred to the office of the administrative director for determination. A response from the administrative director shall be forwarded to the custodian or the person making the request no later than five working days after the director receives the referral.
7. If the custodian determines that the number of records requested is so great that inspection or reproduction would create an unreasonable disruption to ongoing court or administrative activities, the custodian may require that the request be limited, or the custodian may limit the request.
8. If the person making the request does not inspect or obtain the copies of the records during the time period permitted by the custodian, the request shall be deemed withdrawn, but may be renewed.
V. INSPECTION AND PHOTOCOPYING
Inspection and copying shall be conducted in a manner which will not disrupt ongoing court or administrative activities.
The requesting person shall be allowed to inspect or to obtain copies of original versions of public records in the place where such records are normally kept, during regular working hours. However, if access to the original records would result in disclosure of information to which access is not permitted, jeopardize the security of the records, or prove otherwise impractical, copies, edited copies, reasonable facsimiles or other appropriate formats may be produced for inspection. Unless expressly allowed by the custodian, records shall not be removed from the area where they are normally kept.
VI. APPEAL
Any denial of or limitation upon a request to inspect public records may be appealed in writing to the administrative director, and a written response will be sent to the requesting person no later than five working days after the director receives the appeal.
VII. COPIES OF RECORDS
The court may provide a photocopy, a certified copy or an authenticated (sometimes called exemplified) copy.
A. Photocopy
A photocopy of a court document requires no action by the clerk other than making a photocopy of the original document.
B. Certified Copy
1. A certified copy of a document is one on which there is a certification by the clerk that the document is a full, true and correct copy of the original document which is on file with the court. Exception: Certified copies of vital statistics records may be made from the recorder's copies maintained at the court. AS 18.50.320. A clerk, deputy clerk or judicial officer may issue a certified copy of a court document.
2. A court can certify a copy of a document only if the original of the document is on file with or recorded with the court. Administrative Rule 9(e)(2). A court may not certify a copy of a document if the original document is on file in another court location.
3. If the document to be certified incorporates by reference other documents, either the referenced documents must be attached to the certified document or the certification must indicate that the referenced documents are not attached to the certified document.
C. Authenticated Copy
1. An authenticated copy is a copy to which is attached an authentication in which (a) the clerk of court attests that the document is a true and correct copy of the original document which is on file with the court; and (b) a judge certifies that the clerk signing the attestation is the clerk of court and that the attestation is in proper form. (Authenticated copies are sometimes referred to as exemplified copies.)
2. A court can authenticate a copy of a document only if the original of the document is on file with or recorded with the court. A court may not authenticate a copy of the document if the original document is on file in another court location. Only the clerk of court or acting clerk of court may sign the attestation part of the authentication. Deputy clerks are not authorized to sign attestations.
3. Authentications will be made on either form TR-315, Authentication Form for Alaska Court Records, or on forms that incorporate substantially similar language.
4. If the document to be authenticated incorporates by reference other documents, either the referenced documents must be attached and listed in the authentication or the authentication must indicate that the referenced documents are not attached.
D. Costs
1. The cost of providing copies of records: is governed by Administrative Rule 9. The custodian of the record may require pre-payment of the copying fee before providing the copies.
2. If copies are requested in a format for which a fee has not been established under Administrative Rule 9, the administrative director may determine the fee to be charged.
E. The custodian may, in his or her discretion, allow the person requesting copies to make the copies, and may specify reasonable conditions under which this copying will be permitted.
F. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public records must not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary must be communicated to the requesting person.
VIII. REQUEST FOR INFORMATION
A request for information to be provided in writing after a search of records or a request to compile statistics concerning information which is not maintained in tangible form by the Alaska Court System must be made to the area court administrator or administrative director. Such requests are subject to the provision of this bulletin and to the fee established in Administrative Rule 9(e)(8).
Dated: February 23, 1990
Arthur H. Snowden, II
Administrative Director
History: Originally issued as 85-2 effective May 22, 1985 superceding Bulletin No. 82-1; reissued as Bulletin No. 12 on April 6, 1987; revised on February 15, 1988.
Original Distribution:
Presiding Judges
Area Court Administrators
Clerks of Court
Magistrates
Senior Staff
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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Last Modified 7/14/1999
