Report Title:

Court Records; Sealing

 

Description:

Establishes when court records may be sealed.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1350

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COURT RECORDS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§601- Sealing court records. (a) Except as permitted by law, court records may not be removed from court files. No court order or opinion issued in the adjudication of a case may be sealed. Other court records, as provided in this section, are presumed to be open to the general public and may be sealed only upon a showing of all of the following:

(1) A specific, serious, and substantial interest which clearly outweighs:

(A) This presumption of openness; and

(B) Any probable adverse effect that sealing will have upon the general public health or safety; and

(2) No less restrictive means than sealing records will adequately and effectively protect the specific interest asserted.

(b) For purposes of this section, court records mean:

(1) All documents filed in connection with any matter before any civil court, except:

(A) Documents filed with a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents;

(B) Documents in court files to which access is otherwise restricted by law; and

(C) Documents filed in an action originally arising in family court;

(2) Settlement agreements not filed of record, excluding all reference to any monetary consideration, that seek to restrict disclosure of information concerning matters that have a probable adverse effect upon the general public health or safety, the administration of public office, or the operation of government; and

(3) Discovery, not filed of record, concerning matters that have a probable adverse effect upon the general public health or safety, the administration of public office, or the operation of government, except discovery in cases originally initiated to preserve bona fide trade secrets or other intangible property rights."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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