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

Oklahoma

Oklahoma does not have express statutory provisions comparable to Fed. R. Civ. P 43(a) or 77(b). However, Okla. Stat. tit. 22, §13 provides that the defendant in a criminal case is entitled to a speedy and public trial; and there are random statutes making reference to open court proceedings. For example, Okla. Stat. tit.

D. Statutes and court rules

Overview

D.C. Cir.

The Sixth Amendment guarantees a public trial in all criminal cases, and Fed. R. Civ. Proc. 77(b) provides that “[a]ll trials upon the merits shall be conducted in open court .” Fitzgerald v. Hampton, 467 F.2d 755, 764 (D.C. Cir. 1972)(citing Rule 77(b)).

D. Statutes and court rules

Overview

Maine

The key administrative order in Maine governing access to court records is Administrative Order JB-05-20 (A. 5-09) “Public Information and Confidentiality.”

D. Statutes and court rules

Overview

Oregon

Oregon Courts have adopted Uniform Trial Court Rules (UTCR) that apply to all Oregon trial courts. UTCR 3.180 expressly provides for camera access to courtrooms, with various exceptions. UTCR 3.180 (available at http://www.ojd.state.or.us/MUL/LocalCourtRules/Documents/UTCR2008Effecti...). The rule provides a presumption for access: “Upon request or on the court’s own motion, after notice to all parties, public access coverage shall be allowed in any courtroom, except as provided under this rule.” UTCR. 3.180 (1) (emphasis supplied).