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Court rescinds rule on records
 
By BARBARA HOBEROCK World Capitol Bureau
Published: 3/26/2008  12:51 AM
Last Modified: 3/26/2008  12:51 AM

The state's Supreme Court will seek additional public input.

OKLAHOMA CITY -- The Oklahoma Supreme Court on Tuesday rescinded a controversial rule closing many online court records and redacting information from court files.

In a statement issued Tuesday, the court said it was aware of the privacy and identity theft concerns regarding personal data that may appear on the court's Web site, www.oscn.net.

"We are cognizant that many businesses and individuals rely on the information court clerks have placed on our Web site," the statement said. "Personal privacy balanced with reliable public information is critical for every free society."

The statement said the court is withdrawing its March 11 rule to give the issues further study and consideration. The rule was to take effect June 10.

The vote to rescind the order was 5-4.

The original order would have removed documents from the Internet, but left the docket sheet, or history of the case, online.

To get the supporting documents, a user would have to drive to the courthouse to obtain a paper copy.

The original order also removed Social Security numbers, dates of birth, financial account numbers, home addresses and other information from filings and had them placed under seal.

Critics said the new rules were drafted without significant public input and went too far.

They also pointed out that information to be redacted was available in other public records.

"We are pleased they have withdrawn the original rule," said Mark Thomas, executive vice president of the Oklahoma Press Association. "We would gladly serve on any task force to discuss the issue further.

"The original rule was too broad and thousands of Oklahomans and Oklahoma companies now realize the importance of those public court documents," Thomas said. "We do believe, however, that the public is concerned about Social Security numbers possibly being out there and that should be addressed quickly."

Nancy Lynn Roberts, owner and chief operations officer for Trak-1 Technology, a national, Web-based screening firm based in Tulsa, said she was thrilled with the decision to rescind the rules.

She said the decision means businesses can continue to obtain access to information they need to make good hiring and consumer credit decisions.

"The other side of it for me is that individual citizens who are trying to apply for jobs or housing can now be assured that there will not be problems of misidentification as a result of redaction of identifying information in records," Roberts said.

Joey Senat, past president of FOI Oklahoma and an Oklahoma State University journalism professor, agrees with the decision to rescind the original rules.

The group recently awarded the court its "Black Hole Award" for issuing the rules.

"My guess is they just didn't consider how many people relied both on the Internet access and on some of the information that would have been redacted," Senat said.

He said the decision was good for taxpayers.

"It is good to see public officials listen to the people," Senat said.

Senate Co-President Pro Tem Glenn Coffee, R-Oklahoma City, also said the decision was good for the people of the state.

"The court should be commended for its decision to maintain the convenient and open access to records to which the public is accustomed," Coffee said.


Barbara Hoberock (405) 528-2465
barbara.hoberock@tulsaworld.com


How they voted

Concurring in Tuesday’s Supreme Court vote to withdraw an order restricting public access to court records were Chief Justice James R.Winchester and Justices Marian Opala,Yvonne Kauger, StevenW. Taylor and Tom Colbert. Dissenting were Justices James E. Edmondson, Rudolph Hargrave, Joseph M.Watt and John F. Reif.

The vote was 5-3 on the original order earlier this month closing the court information.Taylor dissented, while Kauger and Edmondson dissented in part. Opala did not vote on the original order.

By BARBARA HOBEROCK World Capitol Bureau

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Report Comment
observer1, (3/26/2008 5:28:39 AM)
Good decision by the supremes (after reconsidering). Courts and records should always be open for access and scrutiny. When courts close records and access, there will be much larger problems than identity theft.
Report Comment
JD, tulsa (3/26/2008 6:22:23 AM)
If you cant trust affirmitive action employees with your personal information.
who can you trust ??
Report Comment
Tulsa Lawyer, (3/26/2008 7:34:06 AM)
Glad to hear these draconian and backward rules were withdrawn. The Oklahoma courts should look to the Oklahoma federal courts, which have much more reasonable rules on privacy that still allow public access but prevent parties' social security numbers and birthdays from being plastered on public court documents. I reviewed these Oklahoma state rules and was puzzled as to how anybody would be able to comply without filing even basic documents under seal.
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ch, tULSA (3/26/2008 9:47:38 AM)
It is abou time the Oklahoma Supremes listened to the people. Next time they come up for retain votes, I hope everyone remembers this and votes them all out. Especially Edmonson, Watt and Opala, their anti business rulings and expecially in auto. insurance places an undue burnden of paying for insurance to provide a cash cow for their buddies the plainitff attorney bar. Most are not "TRIAL LAWYERS"
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M Wazzoo., Tulsa (3/26/2008 10:19:01 AM)
Finally the people prevail. The oppressive, Czars, the self annointed gods in black robes at the Supreme Court to often demonstrate justice is blind deaf and quite a bit dumb. The anatomy of litigation needs to be purged from our courts, and get down to do the right thing.
Report Comment
Dave, Tulsa (3/26/2008 1:14:35 PM)
I find it ironic that those of you who have posted your comments arguing for "open access" to this story have each elected to use an alias. Why not give us your full names if you each believe so strongly that everyone should have their whole life be an open book to every person in this world who owns a computer and has internet access? It would be entertaining to scour OSCN for each seatbelt violation, divorce, or child custody battle each of you have had. Dig up your home addresses, find your ages and weights. You would probably say its none of my business, but then you'd have to reconsider your support for unrestricted public access to OSCN.
Report Comment
carwaterguide, San Francisco (12/23/2008 4:41:02 AM)
Try these sites if you want to waste some more time and money

RecordOnlineGuide.blogspot dot com
 

 
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