Sonoma Superior Court Sealing & Redaction Procedures

A protective order directing the filing of confidential material under seal must require a properly sized sealed manila envelope with specified identifying information, warning language, and a reference to the confidentiality order.

Any language incorporated in such an order that pertains to the filing with the court of material under seal must state that the party submitting confidential material to the Court to be filed must put that material in a sealed manila envelope no smaller than 9" x 12" and no larger than 10" x 13"; that the envelope must have on its back (on the unsealed side) the warning: “CONFIDENTIAL: SUBJECT TO PROTECTIVE ORDER,” the case number and caption, and the title(s) of the paper(s) enclosed; that in parentheses beneath the title(s) of the paper(s) as they appear on the envelope, there must be a reference to the confidentiality order, by file date and title [as, for example, (FILED UNDER SEAL PURSUANT TO

Confidential materials submitted under a protective order must be maintained in the regular public file in sealed envelopes, and exhibits must be identified by reference rather than physically attached to the principal filing.

PROTECTIVE ORDER FILED JANUARY 1, 2000)], under which the papers are submitted. These papers must then be maintained in the Court’s regular public file but in their sealed envelopes. If the papers are exhibits to a motion or other paper, the manila envelope, with the stated identifying features, must not be attached to the principal paper, but there must be reference made in the motion, memorandum of points and authorities, or declaration, as appropriate, to the confidential materials filed under seal.

Reports, investigator materials, and other documents containing sensitive information in LPS and limited conservatorship hearings must be kept confidential and disclosed only to authorized persons under court order.

Reports by a Regional Center and the Office of the Probate Court Investigator, and other documents or materials containing sensitive information filed in LPS and limited conservatorship hearings, shall be maintained in a confidential status in the case file with disclosure only to authorized persons pursuant to Court order.

When submitting reports containing confidential victim or witness information, parties must provide a redacted copy with an attesting declaration and an unredacted copy for the court to seal and retain if the information is confidential.

The parties may submit copies of police reports, arrest reports or investigative reports that are redacted of all “confidential personal information” of victims and/or witnesses. The redacted copies of these reports provided to the court must be attached to a declaration attesting to the fact that the information redacted was “confidential personal information” of victims and/or witnesses as defined in PC § 964. The parties must also provide an unredacted copy of the documents, which, upon review, shall be sealed, and retained by the court, if the redacted material is determined to be “confidential information” as defined in PC § 964(b).

Prosecutors and law enforcement may request sealing of a portion or all of a warrant-related document when confidential victim or witness information cannot be redacted without losing clarity or completeness.

In instances where “confidential personal information” of victims and/or witness cannot be redacted for purposes of clarity or completeness, but must be provided to the court, prosecutors and law enforcement may request the court seal a portion or all of the warrant and its components, police report, arrest report or investigative report.

The court may grant a sealing request only if a written order makes three express findings concerning confidential information, its necessary provision to the court, and the absence of less restrictive alternatives.

The Court may grant the sealing order if it makes the following express findings in a written order: 1. The document requested to be sealed contains “confidential personal information” as defined in PC § 964; 2. The confidential personal information must be provided to the court for clarity and completeness of the criminal complaint, indictment, information, or search/arrest warrant application; and 3. No less restrictive means exist, such as the procedures set forth in paragraphs #2 and #3 of [this Local Rule], to protect the confidential personal information while preserving clarity and completeness of the criminal complaint, indictment, information, or search/arrest warrant application.

Anyone submitting or filing documents with the court must redact personal and financial identifying information.

Any person submitting or filing documents with the court shall redact personal and financial identifying information.

If the court retains the parties’ last two years of income tax returns and attachments, the returns must be sealed and maintained as a confidential court record.

If the court determines that it wants to retain the tax returns they shall be sealed and maintained as a confidential record of the court pursuant to Family Code § 3552(c).

Confidential material submitted under a protective order must have a cover sheet with the prescribed warning, case number, caption, paper title, and reference to the confidentiality order, and the papers must remain confidential on the court file.

Any language incorporated in such an order that pertains to the filing of material under seal shall state that the party submitting confidential material to the court shall attach a cover sheet to that material which contains the following warning: "CONFIDENTIAL: SUBJECT TO PROTECTIVE ORDER," the case number and caption, and the title(s) of the paper(s); that in parentheses beneath the title(s) of the paper(s) there shall be a reference to the confidentiality order, by file date and title [as, for example, (FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER FILED JANUARY 1, 2000)], under which the papers are submitted. These papers shall then be maintained as confidential on the court’s file.

The court will not redact confidential victim or witness information; agencies must ensure that it is removed before submission, and the court may accept or reject reports containing it.

All agencies should bear in mind that the court will not undertake the task of redacting any confidential personal information of victims or witnesses from documents submitted for the court’s consideration. Rather, the burden to ensure that this information is not included within any documents presented falls squarely on the agencies preparing and presenting them to the court. In this respect, the court may exercise its discretion to accept or reject a police, arrest or investigative report containing confidential personal information that is submitted in support of a criminal complaint, indictment, or information; or in support of a search or arrest warrant.