Rule 37.5 - Access to Court Records(a) Scope and Purposes.(1) Public access to court records is governed by Administrative Rules 37.5 through 37.8 and 40. These rules are adopted pursuant to the inherent authority of the Alaska Supreme Court and provide for access in a manner that: (A) maximizes accessibility to court records;(B) supports the role of the judiciary;(C) promotes government accountability;(D) contributes to public safety;(E) minimizes risk of injury to individuals;(F) protects individual privacy rights and interests;(G) protects proprietary business information;(H) minimizes reluctance to use the courts to resolve disputes;(I) makes most effective use of court personnel;(J) provides excellent customer service; and(K) does not unduly burden the ongoing business of the judiciary.(2) These rules apply to all court records; however, court personnel need not redact or restrict information that otherwise was public in case records and administrative records created before October 15, 2006.(b)Who Has Access to Court Records.(1) Every member of the public will have the same access to court records under these rules, except as provided in Administrative Rule 37.8(b)(4) and 37.8(c)(2).(2) The following persons are not members of the public and may have greater access in accordance with their functions within the judicial system: (A) court personnel for case processing purposes only;(B) people or entities, private or governmental, who assist the court in providing court services;(C) public agencies whose access to court records is defined by another statute, rule, order, or policy; and(D) the parties to a case or their lawyers regarding access to records in their case.(c)Definitions. For purposes of these rules:(1) "Court record" means both case records and administrative records, but does not include records that may be in the court's possession that do not relate to the conduct of the court's business.(2) "Case record" means any document, information, data, or other item created, collected, received, or maintained by the court system in connection with a particular case.(3) "Administrative record" means any document, information, data, or other item created, collected, received, or maintained by the court system pertaining to the administration of the judicial branch of government and not associated with any particular case.(4) "Confidential" means access to the record is restricted to: (A) the parties to the case;(C) individuals with a written order from the court authorizing access; and(D) court personnel for case processing purposes only.(5) "Sealed" means access to the record is restricted to the judge and persons authorized by written order of the court.(6) "Remote access" means the ability of a person to inspect and copy information in a court record in electronic form through an electronic means.(7) "In electronic form" means any information in a court record in a form that is readable through an electronic device.(d) General Access Rule.(1) Court records are accessible to the public, except as provided in paragraph (e) below.(2) This rule applies to all court records, regardless of the manner of creation, method of collection, form of storage, or the form in which the record is maintained.(e)Court Records Excluded from Public Access.(1)Case Records. The following case records and case-related documents are not accessible to the public:(A) memoranda, notes, or preliminary drafts prepared by or under the direction of any judicial officer of the Alaska Court System that relate to the adjudication, resolution, or disposition of any past, present, or future case, controversy, or legal issue;(B) legal research and analysis prepared or circulated by judges or law clerks regardless of whether it relates to a particular case and written discussions relating to procedural, administrative, or legal issues that are or may be before the court; (C) documents, information, data, or other items sealed or confidential pursuant to statute, court rule, case law, or court order; and(D) documents, information, data, or other items relating to a petition filed by a minor under age 18 to bypass parental notice or consent to an abortion under AS 18.16.030 or an appeal of an order denying or dismissing a petition, all of which remain sealed.(2)Administrative Records. The following administrative records are not accessible to the public: (A) personal information, performance evaluations, and disciplinary matters 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, and personnel records that are confidential under Alaska Court System Personnel Rules C1.07 and PX1.08;(B) the work product of any attorney or law clerk employed by or representing the Alaska Court System if the work product is produced in the regular course of business or representation of the Alaska Court System;(C) individual direct work access telephone numbers and email addresses of judges and law clerks;(D) documents or information that could compromise the safety of judges, court staff, jurors, or the public, or jeopardize the integrity of the court's facilities or property;(E) documents or information that could compromise the security or integrity of any of the court's information technology systems or electronic recordkeeping systems, including any information relating to any cybersecurity events or prevention of cyber-attacks;(F) records or information collected and notes, drafts, and work product generated during the process of developing policy relating to the court's administration of justice and its operations;(G) email messages that are created primarily for the informal communication of information and that do not set policy, establish guidelines or procedures, memorialize transactions, or establish receipts; and(H) records that are confidential, privileged, or otherwise protected by law, rule, or order from disclosure.(f)Obtaining Access to Public Court Records. Court records that are accessible to the public shall be open to inspection at all times during the regular office hours of the courts. The administrative director shall establish written guidelines to insure that all members of the public upon request will 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.Adopted by SCO 503 effective 2/1/1982; amended by SCO 943 effective 1/15/1989; and by SCO 1016 effective 1/15/1990; rescinded and readopted by SCO 1622 effective 10/15/2006; amended by SCO 1740 effective nunc pro tunc to9/7/2010; by Supreme Court Order No. 1893, effective 8/10/2016; amended by SCO 1983 effective 10/17/2022. Chapter 64, SLA 2010 (SB 60) , effective September 7, 2010, enacted changes relating to the Uniform Probate Code. According to section 12(e) of the Act, AS 13.12.585, as enacted by section 8 of the Act, has the effect of amending Administrative Rule 37.5 by requiring that certain information contained in court records relating to a petition under AS 13.12.530 or 13.12.535, enacted by section 8 of the Act, be kept confidential and only released as indicated in AS 13.12.585.
CROSS REFERENCE: Administrative Bulletin 12 (Guidelines for Inspecting and Obtaining Copies of Public Records)