Court considers rule allowing clerks to restrict electronic access to confidential exhibits

During the rules hearing the court considered a proposal from the state court administrator's office to create a mechanism for clerks to electronically restrict access to certain confidential exhibits.

Jeff Tronvold, speaking for the state court administrator's office, described the proposed Rule 6 as a protection for clerks when exhibits that should be sealed are submitted without a sealing order. He explained the rule would allow the clerk to "seal it at least electronically," while noting that without a court order the item would not be fully sealed and a person would have to visit the clerk of court's office to view it.

Tronvold told the court he had received a comment from "Judge Rank" raising concerns about the phrase "by way of the paper record only." He suggested revising the language to "by way of the clerk of court" to address the judge's concerns. An unidentified court member proposed even clearer language: that the exhibits would be "accessible for viewing in the clerk of court's office," emphasizing that the intent was restricted viewing rather than creating an entirely sealed electronic record absent a court order.

The court indicated those clarifying edits (including consideration of an August 22 letter) would be incorporated into the draft for further consideration; no formal vote or final textual adoption is recorded in the hearing transcript.