RULE 16-902. PREAMBLE
West's Annotated Code of MarylandMaryland RulesEffective: August 1, 2020
Effective: August 1, 2020
MD Rules, Rule 16-902
RULE 16-902. PREAMBLE
(a) Constitutional Authority. Article IV, § 18(a) of the Md. Constitution authorizes the Court of Appeals to adopt Rules concerning the practice and procedure in and the administration of the courts of this State that have the force of law. Control over access to judicial records in the custody of judicial agencies, special judicial units, or judicial personnel is an integral part of the practice and procedure in and administration of the courts.
Committee note: The Public Information Act (Code, General Provisions Article, § 4-301 (2)(iii)) recognizes that authority by requiring a custodian of a public record to deny inspection of a public record if inspection would be contrary to a Rule adopted by the Court of Appeals.
(b) General Intent. The intent of this Chapter is to (1) adopt comprehensive principles and procedures that will maintain the traditional openness of judicial records, subject only to such shielding or sealing that is necessary to protect supervening rights of privacy, safety, and security, and (2) provide an efficient, credible, and exclusive system for resolving disputes over inspection decisions by custodians of judicial records.
(B) Administrative Records--those that relate to personnel, budgetary, or operational administration; information technology; the safety and security of judicial personnel, facilities, equipment, or programs; the development and management of electronic data; or that constitute judicial or other professional work product;
(B) Because the principal function of notice records is to give public notice of them, very few exceptions to public access are warranted. Case records and certain kinds of administrative records may contain very sensitive information that needs to remain confidential for overarching privacy, safety, and security purposes and not be subject to public inspection.
[Adopted June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 16-902, MD R CTS J AND ATTYS Rule 16-902
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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