Virginia: plan for online criminal case info system enacted; civil online info system held over for next session; overall case information must be made available, but clerks can charge fee

A plan to put all nonconfidential criminal case information in Virginia online by July 1, 2019 has been signed in law. Among other things HB 780 / SB 564

  1. Defines “confidential court records,” “court records,” and “nonconfidential court records”
  2. Requires the Executive Secretary of the Supreme Court to make available to the public an online case information system of nonconfidential information for criminal cases by July 1, 2019. This information will cover circuit courts participating in the Executive Secretary’s case management system and all general district courts.
  3. Provides that requests for reports of aggregated, nonconfidential case data fields that are viewable through the online case information systems maintained by the Executive Secretary of the Supreme Court shall be made to the Office of the Executive Secretary. Such reports of aggregated case data shall not include the name, date of birth, or social security number of any party and shall not include images of the individual records in the respective case files. However, nothing in this section shall be construed to permit any reports or aggregated case data to be sold or posted on any other website or in any way redistributed to any third party. The Executive Secretary, in his discretion, may deny such request to ensure compliance with these provisions. However, such data may be included in products or services provided to a third party, provided that such data is not made available to the general public.
  4. Provides a clerk of court or the Executive Secretary of the Supreme Court shall make nonconfidential court records or reports of aggregated, nonconfidential case data available to the public upon request.
  5. Specifies that such records or reports shall be provided no later than 30 days after the request.
  6. Provides that the clerk may charge a fee for responding to such request that shall not exceed the actual cost incurred in accessing, duplicating, reviewing, supplying, or searching for the requested records.

A set of bill to put civil case information online in similar fashion (SB 980) cleared the Senate but was held in the House Courts of Justice Committee until the 2019 session.