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Page 1 of 4 General Court Rule 31.1 Puyallup and Milton Municipal Courts Obtaining Administrative Public Records Puyallup and Milton Municipal Courts would like to assist you in understanding Washington court rules governing access to administrative court records, as well as the process for obtaining those records. We provide this information as a guide — not as a legal document. The state judiciary’s rule regarding inspection and copying of administrative records is General Court Rule GR 31.1 (GR 31.1). This rule memorializes the state judiciary’s commitment to an open administration of justice as provided in article I, section 10 of the Washington State Constitution. It is the judiciary’s policy to facilitate access to administrative records; however, there are some exemptions and limitations that may apply to administrative records requests. This is an overview of your right to access judicial administrative records. If you would like more specific information, you should refer to GR 31.1. Which Judicial Administrative Records Are Public? A judicial “administrative record” means a public record created by or maintained by a court that is related to the management, supervision, or administration of the court. A court or judicial agency can include: The Washington State Supreme Court The three Divisions of the Washington Court of Appeals County Superior and District Courts Municipal Courts Administrative and Clerks’ Offices of the above courts Any state Judicial Branch entity identified in GR 31.1(k) The record may be in a variety of forms such as: A written document An audio or video recording A picture An electronic disk A magnetic tape An e-mail message ---PAGE BREAK--- Page 2 of 4 Which Administrative Records Are Available for Inspection? All administrative records maintained by a court, court clerk’s office, court administrative office, or other judicial branch entity are available for public inspection unless specifically exempted under court rule, statute or case law. You are entitled access to administrative records under reasonable conditions and if the record has not exceeded the retention schedule for administrative documents. To obtain copies of those records, upon paying copy fees, and providing specific or clarifying information as may be necessary, your request will be properly processed. Exempt Records While the state judiciary strongly encourages disclosure of administrative records, certain information may be withheld if prohibited under this rule, other court rules, federal statutes, state statutes, court orders, or case law. These “exemptions” are listed in GR 31.1. Any ambiguities can be resolved by reviewing the exemptions listed in the Public Records Act (RCW 42.56). Other exemptions are found elsewhere in Washington law and federal law. Many of the exemptions are designed to protect the privacy rights of individuals. Other exemptions are designed to protect the independent decision-making of the courts and the judicial agencies that assist them. You may also wish to consult with the Court Administrator to determine whether the court believes the documents you seek are publicly accessible. Although part of a record may be exempt from public view that does not mean the entire record is exempt. In those cases, the court or judicial agency has the obligation to redact the information it believes is not subject to disclosure and provide you the rest. If you are denied access to all or part of a judicial administrative record, the court or judicial agency must document why it believes denial is justified. A Court or Judicial Agency Is Not Required to Create Records While, in general, a court or judicial agency must provide access to existing administrative records in its possession, a court or judicial agency is not required to collect information or organize data to create a record that does not exist at the time of the request. How to Request Records Please use the Administrative Record Request Form located on this website. A request must be in writing, although it can be initiated in person, e-mail or fax, or over the phone. Additional information about administrative record requests can be found at the website for Washington State Courts: www.courts.wa.gov. ---PAGE BREAK--- Page 3 of 4 If you request certain administrative records for inspection, the court will make them available for inspection (unless exempt from disclosure) during customary office hours. After your inspection of records, you may identify those records you desire and, if copying does not disrupt the court or judicial agency’s operations, copies will be made. The court or clerk’s office may enact reasonable rules to protect records from damage or disorganization and ensure secure court operations. The Court or Clerk’s Office Response to a Request Courts are required to respond to an administrative records request within five working days of its receipt. The response shall acknowledge receipt of the request and either provide the record(s) or acknowledge your request and provide an estimate of the time needed to provide records responsive to the request. If a request is not clear, the court may ask you for further clarification. The Court May Notify Affected Persons and May Seek Court Protection The court or judicial agency may notify persons to whom the record request pertains, and that release of the record has been requested. The agency, or person/s to whom the record applies, may ask a court to prevent an inspection of the record. If a court order preventing disclosure is sought, the records request will be held until further order of the court. Fees There is no fee for inspecting public records, but the court will charge fees for the actual costs of copying records, certification of documents and if it is estimated preparation of records will go beyond one hour, a record preparation fee may be charged ($30 per hour rounded to the nearest quarter hour). Copy fees are $1.00 for the first page and .15 cents for each additional. Duplication of CD’s are $10 each. Court certifications are $5.00. Options if a Request is Denied If your administrative records request is denied, you may ask the court to conduct an internal review of the denial. Your internal review request must be within 90 days from the denial by the Court Administrator or designee. The court has forms available to request review of a decision. The review proceeding will be held within five working days of the request. If that is not reasonably possible, then within five working days the review shall be scheduled for the earliest practical date. External Review: After the internal review process has been exhausted and a final decision has been made, you can request an external review of a denial. Request for an external review must be submitted within 30 days of the internal decision described above. A visiting judge will hear the review. ---PAGE BREAK--- Page 4 of 4 If you and the court cannot agree upon a decision maker, the presiding superior court judge in the Pierce County shall either conduct the review or appoint a person to conduct the review. The review proceeding shall be informal and summary. The decision resulting from the informal review proceeding may be further reviewed in superior court pursuant to a writ of mandamus, prohibition, or certiorari.