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JCIT discussion exposes split over ‘confidential’ tagging; committee forms working group to resolve policy
Summary
Committee members debated whether clerks, filers and local rule variations have created a de facto sealing process when documents are marked confidential. Members asked for clearer definitions, auditing and a working group to recommend changes.
Committee members spent a lengthy portion of the meeting on procedures and standards for marking documents “confidential,” what that means for electronic access and how local clerks and filers are applying the label.
Why it matters: as counties integrate their case-management systems with statewide services such as Research Texas, inconsistent local practices — and widespread use of a filer’s “confidential” checkbox — can effectively block public access without a court order. That raises questions about due process, uniformity and the technical handling of personally identifying information (PII).
Meeting participants described a pattern in some local jurisdictions where filers routinely mark forms or documents confidential (sometimes by pre‑stamped form templates) rather than seeking a judicial sealing order. That practice can leave public portals and automated research interfaces with…
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