IN THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA
ADMINISTRATIVE ORDER NO. 1.180 (D)

COURT FILE ACCESS

Whereas, it is necessary to adopt a circuit-wide policy on checking out court files and electronically accessing court files, for the proper administration of justice, it is therefore

ORDERED that,

1. No case file may be checked out from the clerk of court except by judges, their judicial assistants, the Court Administrator, staff attorneys, court staff holding positions on the attached schedule, or other personnel as authorized by the Chief Judge by memo. The Court Administrator may, from time to time, notify the Clerk of Court of the names of staff persons holding the positions listed on the attached schedule on which the Clerk may rely. This does not prevent a person who is otherwise a court staff person fitting one of the descriptions from checking out court files in the absence of notification from the Court Administrator. Electronic or physical access to otherwise public court files does not require special authorization. Court files protected from public access may only be accessed as authorized by law or by this order.

2. Court staff authorized to access protected files shall adhere to the rules of procedure and Florida Statutes governing the confidentiality of protected information contained in these records and court files.

3. The following policy, as developed and implemented by the Chief Judge and the Court Administrator, shall apply to all court staff wishing to check out files:

a. Adoption Files - Access: Adoption files may be checked out by senior deputy court administrators, staff attorneys, and self-help coordinators.

b. All Other Files - Access: All other files or parts of files which are sealed can be opened by hearing officers, staff attorneys, the clerk or a deputy clerk, and senior deputy court administrators upon the verbal authorization of a judge. The unsealing of records by any other court staff requires written authorization by a judge.

c. Resealing: Unsealed files or portions of files must be resealed prior to returning the file to the Clerk. The person who unsealed the file or portion thereof must re-tape the seal, and sign his or her name and show the date of resealing. Both the signature and date shall be written partly across the envelope and partly across the tape used for resealing.

d. Staff must return files to the Clerk as soon as the file is no longer needed. If the file is needed by another staff person, the staff person must check the file out from the Clerk's office directly, either in person or by telephone, so the Clerk will know the location of the file. While the file is checked out to the staff person, the file should remain in that person's office. Staff attorneys may deliver files directly to the judge for whom the file is being reviewed.

e. Files will be checked out to the authorized staff person, not the judge for whom the work is being performed. However, files checked out to administrative assistants will be checked out to the assistant's supervising staff person.

4. Administrative assistants may check out court files on behalf of their supervisors if the administrative assistant is included in the list of persons authorized to check out files. However, that file must be checked out to the supervising staff person, not the administrative assistant, and the supervising staff person is ultimately responsible for the file. The administrative assistant's authority to check out files is limited only to the check out authority of the assistant's supervising staff person.

5. Interns or employees may check out court files on behalf of that intern's or employee's supervisor with the supervisor's permission if that supervisor has the authority to check out court files. This authorization does not include adoption files. This authorization must be in writing for interns or employees other than administrative assistants of Judicial Hearing Officers.

6. Files checked out to County Court Mediators are the ultimate responsibility of the Director of the County Mediation Program.

7. The Alachua County Clerk of Court, as custodian of criminal and juvenile records, shall allow access to criminal and juvenile dockets, and criminal traffic cases, to the Guardian Ad Litem Office, Teen Court Coordinator, Court Analyst, and the Court Alternatives Division of Criminal Justice Services.

8. When a person's employment with the court ends, that person's authority to check out court files also ends, and the Court Administrator shall notify the Clerk of the change immediately.

9. This order replaces the following Administrative Orders:

    1.180(c), entitled "Court File Check-Out," dated February 19, 1988;
    8.200, entitled "Records Access for Guardian Ad Litem in Criminal and Juvenile Cases," dated November 3, 1992;
    8.201, entitled "Records Access in Juvenile Cases for Teen Court Coordinator of Alachua County, " dated June 10, 1996;
    8.202, "Records in Juvenile Cases for Court Analyst," dated June 10, 1996; and
    8.203, entitled "Records Access for Criminal Justice Services, Court Alternatives Division in Juvenile Cases," dated March 3, 1994.

ORDERED on January 28, 2002.

/s/ 
STAN R. MORRIS, CHIEF JUDGE
 


Scheduleof Court File Check-Out and Electronic Access Privileges

Position Case Types Authorized
Sr. Deputy Court Administrators criminal, civil, juvenile dependency, delinquency and adoption
Staff Attorneys criminal, civil, juvenile dependency, delinquency and adoption
Deputy Court Administrators criminal, civil, juvenile dependency and delinquency 
Self-Help Coordinators criminal, civil, juvenile dependency and delinquency, and adoption
Dependency / Delinquency Drug Court Coordinator criminal, juvenile dependency and delinquency
Family Law Case Manager civil, juvenile dependency and delinquency
GAL Program Director civil, criminal, juvenile dependency and delinquency
GAL Case Coordinators civil, criminal, juvenile dependency and delinquency
GAL Program Attorney civil, juvenile dependency and delinquency
Judicial Hearing Officers civil, juvenile dependency and delinquency
Alternative Dispute Resolution Directors civil, criminal, juvenile dependency, delinquency
County Court Mediators county civil
Court Analyst criminal, civil, juvenile dependency and delinquency
Administrative Assistants same as the Administrative Assistant's supervisor