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RULE 16-905. ACCESS TO NOTICE, SPECIAL JUDICIAL UNIT, ADMINISTRATIVE, AND BUSINESS LICENSE RECO...

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 900. Access to Judicial Records
MD Rules, Rule 16-905
RULE 16-905. ACCESS TO NOTICE, SPECIAL JUDICIAL UNIT, ADMINISTRATIVE, AND BUSINESS LICENSE RECORDS
(a) Notice Records. Except as otherwise provided by statute, a custodian may not deny inspection of a notice record that has been recorded and indexed by the clerk.
Cross reference: See Code, Real Property Article, § 3-111, precluding certain personal information from being included in recordable documents after June 1, 2010 and providing for the redaction of such information if included.
(b) Special Judicial Unit Records. Access to judicial records of special judicial units is governed by the confidentiality Rules applicable to those particular units.
Cross reference: See Rule 18-409, applicable to records and proceedings of the Judicial Disabilities Commission, the Judicial Inquiry Board, and Investigative Counsel; Rule 19-105, applicable to the Board of Law Examiners, the Accommodation Review Committee, and the Character Committees; and Rule 19-707, applicable to records and proceedings of the Attorney Grievance Commission and Bar Counsel.
(c) Administrative and Business License Records.
(1) Except as otherwise provided by the Rules in this Chapter, the right to inspect administrative and business license records is governed by the applicable provisions of Code, General Provisions Article, Title 4.
(A) A custodian shall deny inspection of an administrative record used by the jury commissioner in the jury selection process, except (i) as otherwise ordered by a trial judge orders in connection with a challenge under Code, Courts Article, §§ 8-408 and 8-409; or (ii) as provided in subsections (c)(1)(B) and (c)(1)(C) of this Rule.
(B) Upon request, the trial judge may authorize a custodian to disclose the names and zip codes of the sworn jurors contained on a jury list after the jury has been impaneled and sworn, unless otherwise ordered by the trial judge.
Cross reference: See Rule 4-312 (d).
(C) After a source pool of qualified jurors has been emptied and re-created in accordance with Code, Courts Article, § 8-207, and after every individual selected to serve as a juror from that pool has completed the individual's service, a trial judge, upon request, shall disclose the name, zip code, age, sex, education, occupation, marital status, and spouse's occupation of each person whose name was selected from that pool and placed on a jury list, unless, in the interest of justice, the trial judge determines that this information remain confidential in whole or in part.
(D) A jury commissioner may provide jury lists to the Health Care Alternative Dispute Resolution Office as required by that Office in carrying out its duties, subject to any regulations of that office to ensure against improper dissemination of juror data.
Cross reference: See Rule 4-312 (d).
(E) At intervals acceptable to the jury commissioner, a jury commissioner shall provide to the State Board of Elections and State Motor Vehicle Administration data about prospective, qualified, or sworn jurors needed to correct erroneous or obsolete information, such as that related to a death or change of address, subject to the Board's and Administration's adoption of regulations to ensure against improper dissemination of juror data.
(2) Unless otherwise directed in a court order, a custodian shall deny inspection of an administrative record that constitutes all or part of a continuity of operations plan drafted or adopted pursuant to Rule 16-803.
(d) Personnel Records--Generally. Except as otherwise permitted by Code, General Provisions Article, Title 4 (PIA) or by this Rule, a custodian shall deny to a person, other than the person who is the subject of the record, inspection of the personnel records of an employee of the court or judicial agency or of an individual who has applied for employment with the court or other judicial agency. The following records or information are not subject to this exclusion and, unless sealed or otherwise shielded pursuant to the Maryland Rules or other law, shall be open to inspection:
(1) the full name of the individual;
(2) the date of the application for employment and the position for which application was made;
(3) the date employment commenced;
(4) the name, location, and telephone number of the court or judicial agency to which the individual has been assigned;
(5) the current and previous job titles and salaries of the individual during employment by the court or judicial agency;
(6) the name of the individual's current supervisor;
(7) the amount of monetary compensation paid to the individual by the court or judicial agency and a description of any health, insurance, or other fringe benefit that the individual is entitled to receive from the court or judicial agency;
(8) unless disclosure is prohibited by law, other information authorized by the individual to be released; and
(9) a record that has become a case record.
Committee note: Although a judicial record that has become a case record is not subject to the exclusion under section (d) of this Rule, it may be subject to sealing or shielding under other Maryland Rules or law.
(e) Personnel Records--Retirement. Unless inspection is permitted under Code, General Provisions Article, Title 4 (PIA) or the record has become a case record, a custodian shall deny inspection of a retirement record of an employee of the court or other judicial agency.
(f) Certain Administrative Records. A custodian shall deny inspection of the following administrative records:
(1) judicial work product, including drafts of documents, notes, and memoranda prepared by a judge or other court personnel at the direction of a judge and intended for use in the preparation of a decision, order, or opinion;
(2) unless otherwise determined by the State Court Administrator, judicial education materials prepared by, for, or on behalf of a unit of the Maryland Judiciary for use in the education and training of Maryland judges, magistrates, and other judicial personnel;
(3) an administrative record that is:
(A) prepared by or for a judge or other judicial personnel;
(B) either (i) purely administrative in nature but not a local rule, policy, or directive that governs the operation of the court or (ii) a draft of a document intended for consideration by the author or others and not intended to be final in its existing form; and
(C) not filed with the clerk and not required to be filed with the clerk.
Source: This Rule is derived from former Rule 16-1004 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended June 20, 2017, eff. Aug. 1, 2017.]

Editors' Notes

HISTORICAL NOTES
2017 Orders
The June 20, 2017 order, renumbered Rule 9-904 to Rule 9-905; added language “Special Judicial Unit” to the title; added the language “except as otherwise provided by this statute” to section (a); added a cross reference to a certain statute after section (a); added a new section (b) pertaining to special judicial unit records; added cross references to certain other Rules after section (b); made a stylistic change and changed the word “and to the word “or” in subsection (c)(1)(A); added the language “unless otherwise directed in a” before the words “court order” in subsection (c)(2); replaced the reference to the “Maryland Public Information Act” with its specific Code citation in sections (d) and (e); deleted a word in section (d); changed the term “court record” to “judicial record” in the Committee note after subsection (d)(9); changed the term “Board of Directors of the Judicial Institute” to “State Court Administrator” and added the language “in the education and training of” before “Maryland judges” in subsection (f)(2); and added a new subsection (f)(4) pertaining to certain recordings and documents.
MD Rules, Rule 16-905, MD R CTS J AND ATTYS Rule 16-905
Current with amendments received through February 1, 2019.
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