01D

D. Statutes and court rules

D. Statutes and court rules

Overview

Maryland

In Maryland, both access to court records and the ability to photograph, record, or televise portions of court proceedings are governed by the Rules of the state courts. See Maryland Rules 16-109 (concerning “photographing, recording, broadcasting or televising in courthouses”) & 16-1001-1011 (concerning public access to court records).

D. Statutes and court rules

Overview

Kansas

The U.S. Supreme Court has observed that, in many jurisdictions, the common law right of access to court records “has been recognized or expanded by statute.”  Nixon v. Warner Communications, Inc., 435 U.S. 589, 598 n.7 (1978).  To the extent that the Kansas Legislature has codified common law access, it has done so principally through the Kansas Open Records Act (KORA). See Kan. Stat. Ann. (K.S.A.) 45-215 et seq. In KORA, the Legislature declared that openness of public agencies’ records is presumed.  See K.S.A. 45-216.  The presumption of openness controls unless a requested record falls within an exemption specified in KORA.  If a record is specifically exempt, public agencies “shall not be required to disclose” it.  K.S.A. 45-221(a).

D. Statutes and court rules

Overview

Illinois

In addition to the constitutional and common law presumption of access to court proceedings, Illinois has provided for statutory access to public records. Section 16 of the Clerk of Courts Act provides: