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RULE 16-913. ACCESS TO ADMINISTRATIVE RECORDS

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 900. Access to Judicial Records
Division 2. Limitations on Access
Effective: April 1, 2022
MD Rules, Rule 16-913
RULE 16-913. ACCESS TO ADMINISTRATIVE RECORDS
(a) Records Pertaining to Jurors.
(1) A custodian shall deny inspection of an administrative record used by a jury commissioner in the jury selection process, except (i) as otherwise ordered by a trial judge in connection with a challenge under Code, Courts Article, §§ 8-408 and 8-409; or (ii) as provided in subsections (a)(2) and (a)(3) of this Rule.
(2) 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.
Cross reference: See Rule 4-312 (d).
(3) 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, gender, 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 should remain confidential in whole or in part.
(4) 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).
(5) At intervals acceptable to a unit within the Administrative Office of the Courts selected by the State Court Administrator, the unit 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.
Cross reference: See Code, Courts Article, § 8-105.
(b) Personnel Records--Generally.
(1) Not Open to Inspection. Except as otherwise permitted by the 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, other judicial agency, or special judicial unit, or of an individual who has applied for employment with the court, other judicial agency, or special judicial unit.
(2) Open to Inspection. 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:
(A) the full name of the individual;
(B) the date of the application for employment and the position for which application was made;
(C) the date employment commenced;
(D) the name, location, and telephone number of the court, other judicial agency, or special judicial unit to which the individual has been assigned;
(E) the current and previous job titles and salaries of the individual during employment by the court, other judicial agency, or special judicial unit;
(F) the name of the individual's current supervisor;
(G) the amount of monetary compensation paid to the individual by the court, other judicial agency, or special judicial unit and a description of any health, insurance, or other fringe benefit that the individual is entitled to receive from the court or judicial agency;
(H) unless disclosure is prohibited by law, other information authorized by the individual to be released; and
(I) 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.
(c) Personnel Records--Retirement. Unless inspection is permitted under the PIA or the record has become a case record, a custodian shall deny inspection of a retirement record of an employee of the court, other judicial agency, or special judicial unit.
(d) Administrative Record Prepared by or for a Judge or Other Judicial Personnel. A custodian shall deny inspection of an administrative record that is:
(1) prepared by or for a judge or other judicial personnel;
(2) either (A) purely administrative in nature but not a local rule, policy, or directive that governs the operation of the court or (B) a draft of a document intended for consideration by the author or others and not intended to be final in its existing form; and
(3) not filed with the clerk and not required to be filed with the clerk.
Cross reference: For judicial or other professional work product, see Rule 16-911 (d).
(e) Educational and Training Materials. A custodian shall deny inspection of judicial records prepared by, for, or on behalf of a unit of the Maryland Judiciary for use in the education and training of Maryland judges, magistrates, clerks, and other judicial personnel.
(f) Procurement Records. Inspection of judicial records in the form of procurement documents shall be governed exclusively by the Procurement Policy of the Judiciary approved by the Chief Judge of the Court of Appeals and posted on the Judiciary website. This Rule applies whether the procurement is funded by the federal, State, or local government.
(g) Interagency and Intra-agency Memoranda. A custodian may deny inspection of all or any part of an interagency or intra-agency letter or memorandum that would not be available by law to a private party in litigation with the custodian or the unit in which the custodian works.
(h) Problem-Solving Court Program Records. A custodian shall deny inspection of all or any part of a judicial record maintained in connection with a participant in a problem-solving court program operating pursuant to Rule 16-207 that is not contained in a case record.
Committee note: Problem-solving court programs often provide for professionals in various fields working with a judge or other judicial official as a team to deal with participants in the program. That may result in the judge or other judicial official coming into possession of documents that identify the participant and contain sensitive information about the participant--health information, school records, drug testing, psychological evaluations. Some of that information may ultimately end up as a case record, and, if it does, public inspection will be determined by the Rules governing access to case records. To the extent the information does not become a case record but is used in private discussions among the therapy team, it will be shielded under this Rule, even though it also may be shielded under other Rules as well. Subsection (h) does not apply to judicial records regarding the creation, governance, or evaluation of problem-solving court programs that do not identify participants.
(i) Notes, Memoranda, and Minutes of Meetings of Committees, Subcommittees, or Work Groups Not Public Bodies. A custodian shall deny inspection of notes, memoranda, and minutes of a meeting of a judicial committee, subcommittee, or work group that is not a public body as defined in Code, General Provisions Article, § 3-101.
Committee note: There exist committees, subcommittees, or work groups that are sub-units within a larger judicial entity that constitutes a public body as defined in Code, General Provisions Article, § 3-101. The predominant function of those committees, subcommittees, and work groups is to investigate issues within their jurisdiction and develop recommendations for the parent entity to consider. The committees, subcommittees, and work groups are not “public bodies” subject to the Open Meetings Law, as they do not meet the definition of that term in Code, General Provisions Article, § 3-101(h). They therefore are permitted, as a matter of judicial policy, to hold meetings not open to the public and are not required to keep minutes of their meetings. It is not uncommon, however, for a committee, subcommittee, or work group member or staff person to keep notes of what occurred at meetings of those committees, subcommittees, or work groups and to circulate them to their members. Those notes, whether or not designated as minutes, represent the author's perception of what was discussed or what occurred and are in the nature both of the author's work product and an intra-agency memorandum. Section (i) of this Rule clarifies that those notes or memoranda, whether or not in the form of minutes, are not required to be open to public inspection. Any recommendations or decisions of the committee, subcommittee, or work group submitted to and considered by the parent body will be reflected in the minutes of the parent body, subject to any exceptions allowed in these Rules.
Source: This Rule is derived in part from former Rule 16-905 (2019) and in part from Code, General Provisions Article, § 4-344, and in part is new. See also Stromberg Metal Works, Inc. v. University of Maryland, 382 Md. 151, 163 (2004).

Credits

[Adopted June 29, 2020, eff. Aug. 1, 2020. Amended March 30, 2021, eff. July 1, 2021; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 16-913, MD R CTS J AND ATTYS Rule 16-913
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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