Tulsa World: Court's new rule on records raises concerns

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Court's new rule on records raises concerns

By OMER GILLHAM World Staff Writer
Published: 10/21/2009 2:24 AM
Last Modified: 10/21/2009 4:17 AM

OKLAHOMA CITY — Open-records advocates are concerned about a new rule adopted by the Oklahoma Supreme Court, which prohibits requests for large sets of electronic information.

The State Supreme Court on Oct. 8 approved a rule change affecting how open-records requests for electronic data will be handled. The new rule could affect commercial interests wanting to use bulk data for possible business ventures, said Chief Justice James Edmondson.

The new rule prohibits "distribution of all or a significant subset of electronic case information'' available through the Supreme Court system and the On Demand Court Records system.

The Oklahoma Supreme Court Network and On Demand Court Records offer online information on criminal and civil court filings for most of Oklahoma's 77 counties. On Demand Court Records is operated by KellPro Co. Inc. in Duncan, said company owner Tim Keller.

FOI Oklahoma past President Joey Senat expressed concern that the rule change may limit the media's access to public records.

"Meaningful analysis of the state's court systems would be nearly impossible under an Oklahoma Supreme Court plan to bar bulk distribution of electronic case information," Senat said.

"The justices provided no explanation or justification for the rule."

Edmondson said media requests should not be affected by the directive.

"The Supreme Court will comply with the Open Records laws and other laws affecting public records," Edmondson said.

"We will honor media and public requests for information."

However the rule makes no distinction between requests made in the public interest and commercial requests.

Edmondson said the new rule resulted from a request from a business, which asked for all of the Supreme Court records.

"We determined that we did not have a specific rule to determine how to handle this request, which could have cost the (requester) an estimated $20,000 to $40,000 to have the request filled," Edmondson said.

Edmondson said the Supreme Court relied on the Open Records Act and the experiences of supreme courts in other states to develop the directive. In addition to addressing bulk distribution, the rule authorizes the Supreme Court to contract with a third party software provider to supply access to electronic court records in accordance with the new rule.

Edmondson said the new rule is part of plan to upgrade the Supreme Court system, transforming it into a marquee system with continued free access by the public.

"In two or three years, we hope to have a integrated system that has the latest technology and provider system," Edmondson said."

The plan involves integrating the networking system operated by On Demand Court Records with the state Supreme Court system, Edmondson said.

The new rule places the state Supreme Court under scrutiny for the second time in 18 months in regards to open-records rules.

In March 2008, responding to public and media scrutiny, the court rescinded a rule closing many online court records and redacting information from court files.

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 had to drive to the courthouse to obtain a paper copy.

Additionally, the order would have restricted the full use of Social Security numbers, birth dates and other personal identifiers in district court filings.

The vote to rescind the order was 5-4.

Omer Gillham 581-8301
omer.gillham@tulsaworld.com By OMER GILLHAM World Staff Writer

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Thunder196, Tulsa (10/22/2009 1:44:32 AM)

I read this earlier and wasn't sure how to respond to it. I'm still not sure. I have mixed feelings on this one.

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