ACCESS TO CLERKS' OFFICES, COMPUTER TERMINALS, AND COURT FILES

STATE OF MAINE SUPREME JUDICIAL COURT

ADMINISTRATIVE ORDER JB-05-11 (A. 7-10)(PDF)

Access To Clerks' Offices, Computer Terminals, And Court Files

Effective: July 1, 2010

This order amends JB-05-11, signed September 25, 2008 and effective October 1, 2008.

I. CLERKS' OFFICES

Unless otherwise permitted by this order, law enforcement officers, lawyers, probation officers, juvenile caseworkers, and members of the general public are not allowed into the offices of the clerks of the Superior, District, and Supreme Judicial Court. The only people allowed into the offices of the clerks of the Superior, District, and Supreme Judicial Court are

A. Employees of the Judicial Branch and County-employed Judicial Marshals;

B. Persons engaged by the Judicial Branch to provide work and/or services for the clerks' offices, including, but not limited to, janitors, maintenance personnel, and private contractors and service technicians;

C. Persons allowed at the specific direction of a Justice, Judge or Magistrate;

D. Individuals whose access is pre-approved by a Justice, Judge or Magistrate for a specific purpose, and, where applicable, to access judicial chambers;

E. Delivery persons and couriers allowed at the specific direction of the clerk to deliver or retrieve mail, packages, bank deposits, documents, or materials for the court;

F. CADRES and FDP mediators are allowed when necessary to conduct court business, which may include use of the photocopier and telephone;

G. Family members of Judicial Branch employees allowed at the specific direction of the clerk or a Justice, Judge or Magistrate when appropriate for brief and infrequent visits that are not disruptive to the court's business;

H. Other individuals or entities providing court related services to the public pursuant to written Memoranda of Understanding signed by the State Court Administrator.

Any request for an exception to allow access to a clerks' office that is not otherwise allowed by this order must be submitted by the clerk to the Director of the Office of Clerks of Court. The request may be verbal or in writing. The Director shall forward the request to the Chief Justice or Chief Judge of the applicable court or, in the case of a consolidated clerks' office, to the chiefs of both trial courts for review and approval. Any such approval must be in writing.

II. COMPUTER TERMINALS

Only clerks and their staff, Justices, Judges and Magistrates, and other authorized Judicial Branch employees shall have access to Judicial Branch computer terminals, except that members of the general public may have access to any terminals that may be installed for information retrieval only. The information-only terminals will be placed in an area in the courthouse to which the general public has access. Service technicians and other individuals working to support the court computer system shall be authorized to have access by the Director of the Office of Information Technology.

III. COURT FILES

All court files are to be under the control of Justices, Judges and Magistrates, clerks of court, law clerks or court system administrative personnel at all times. Judicial marshals and mediators may have possession of court files at the specific direction of the clerk or a Justice, Judge or Magistrate. Public review of files must occur under the supervision of the Clerk of Court.

IV. POSTING OF THIS NOTICE

This order shall be posted by all clerks in a prominent location near the entrance to the clerk's office.

For the Court,

Leigh I. Saufley Chief Justice

Promulgation Date: July 1, 2010


Historical Derivation of JB-05-11:

Access To Clerks' Offices, Computer Terminals, and Court Files
AO JB-05-11 (A. 10-08), Dated September 25, 2008, effective October 1, 2008
Signed by: Leigh I. Saufley, Chief Justice, Maine Supreme Judicial Court

Access to Clerks' Offices, Computer Terminals, and Court Files,
AO JB-05-11, Dated June 29, 2005, effective August 1, 2005
Signed by: Leigh I. Saufley, Chief Justice, Maine Supreme Judicial Court

Removal of Files from Clerks' Offices AO No. 9, Dated: August 2, 1976
Signed by: Armand A. Dufresne Jr., Chief Justice, Maine Supreme Judicial Court

Entry into Clerks' Offices & Access to Computer Terminals AO SJC 114,
Dated: September 23, 1988
Signed by: Vincent L. McKusick, Chief Justice, Maine Supreme Judicial Court