Weld County District Court Sealing & Redaction Procedures

CRITICAL

A party seeking to submit a sealed document must first electronically move for leave, and, if leave is granted, must follow the presiding judicial officer’s direction to file it electronically as sealed or on paper.

A party seeking to submit a sealed document must first file electronically a motion for leave to file a sealed document. If leave is granted by the Court, the judicial officer presiding over the case will direct the requesting party to either file the document electronically in CCE as “sealed” or to file the document with the Court in paper format.

CRITICALCivil cases

The designated attorney may share guardian reports only with specified TCH-related recipients, subject to limited exceptions and court order.

TCH’s designated attorney may share the guardian’s reports with the TCH Board members, the guardian, and TCH employees and contractors, but the reports and/or information obtained from the reports may not be disclosed to other persons, except for disclosures to law enforcement or the Department of Human Services as deemed necessary, absent a court order.

CRITICALCivil cases

The Affidavit should be filed in suppressed status and may contain the individual's medical or mental health information.

The Affidavit should be filed in suppressed status and can contain medical and/or mental health information regarding the individual.

CRITICAL

An un-redacted transcript may be released only to the victim, an eligible parent or guardian, or an attorney designated on the release form.

An un-redacted transcript will be released only to the victim, the victim’s parent or legal guardian if the victim is under the age of eighteen, or to the victim’s attorney if designated by the victim or the child-victim’s parent or legal guardian on the release form accompanying this order.

CRITICAL

Before releasing a transcript to anyone, the court must remove victims’ names and other identifying information.

The court, as a criminal justice agency, is required pursuant to C.R.S. §24-72-304(4)(a) to delete the name(s) of the victim(s) and any other information that would identify any victim of a sexual offense, or of a child-victim pursuant to C.R.S. §24-72-304(4.5)(a), before releasing a transcript of court proceedings to any person.

CRITICAL

Defense counsel must not provide or share an un-redacted transcript with others except during official case actions, but may review it with the client and defense team to prepare for those actions.

As an officer of the court, the defendant’s attorney shall not provide a copy of or share an un-redacted copy of the transcript to or with any other person, other than during official actions held in the case. The attorney may, however, review the attorney’s un-redacted copy of the transcript with the client and members of the defense team in preparation for official actions for the case.

CRITICAL

A party may request leave to file documents under seal; sealed documents may be filed under seal only with the court’s permission.

Parties are permitted to file a motion requesting leave to file documents under seal. If the court grants permission to a party to file documents under seal, the sealed documents must be filed as a separate transaction, without any non-sealed documents or pleadings filed as part of that transaction.

CRITICALCriminal cases

The clerk’s office must redact judicial officers’ personal email addresses and telephone numbers from transmitted documents.

The clerk’s office shall redact judicial officers’ personal e-mail addresses and telephone numbers that appear on transmitted documents.

CRITICAL

If some but not all victims provide releases, the court will release a transcript identifying the consenting victims and redacting the names and identifying information of victims who did not release.

If releases are obtained from some but not all the listed victims, the court will prepare and release a transcript to the victim or the victim’s parent or guardian with the name(s) of the victim(s) who provided a release and delete the names and identifying information of the victims who did not provide a release.

CRITICAL

A party seeking to file a sealed document must first electronically move for leave to do so.

A party seeking to submit a sealed document must first file electronically a motion for leave to file a sealed document.

CRITICALCriminal cases

Upon the prosecutor’s motion, the court must seal the indictment, and its existence must not be disclosed until the defendant is in custody or admitted to bail, except as necessary to issue a warrant or summons.

(b) Upon motion by the prosecutor, the court shall order the indictment to be sealed and no person may disclose the existence of the indictment until the defendant is in custody or has been admitted to bail, except when necessary for the issuance of a warrant or summons.

CRITICAL

The court will only release an un-redacted copy of a transcript prepared for cases involving an offense listed in paragraphs 1 and 2 above to the victim of the offense, or the parent or guardian of the victim if the victim of the offense

The court will only release an un-redacted copy of a transcript prepared for cases involving an offense listed in paragraphs 1 and 2 above to the victim of the offense, or the parent or guardian of the victim if the victim of the offense

CRITICAL

On the scheduled expiration date, the issuing judge must review the case and order publicly accessible information unsealed if no extension has been requested or granted.

The judge issuing the order to seal the file shall review the case on the date the order is scheduled to expire, and if an extension for the order sealing the case has not been requested or granted by the court, order any information in the file that is subject to public access to be unsealed.

CRITICAL

A party must electronically move for leave before submitting a sealed document.

A party seeking to submit a sealed document must first file electronically a motion for leave to file a sealed document.

CRITICAL

A sealing order expires on the date stated in the order or on the date set by the court on the record, unless the court extends it for good cause.

The order to seal the file shall expire on the date listed in the order or as otherwise articulated by the court on the record, unless extended by the court for good cause.

WARNING

For non-criminal cases, documents may be designated sealed, protected, suppressed, or public, with access governed by the designation and applicable redaction requirements.

Documents may be filed through CCE in a non-criminal case using one of four designations: (1) a “sealed” document may be accessed only by judges, court staff, and authorized personnel within the judicial department; (2) a “protected” document that may be accessed by the public only after redactions are made pursuant to federal or state statute, court rule, or court order, but may be accessed in an unredacted format by the judges and court staff, authorized judicial department personnel, the parties and their attorneys; (3) a “suppressed” document may be viewed by all parties to the case, their attorneys, judicial officers and court staff, and authorized personnel within the judicial department, but suppressed documents are not accessible by the public absent a court order; (4) a “public” document may be viewed by anyone.

WARNING

A protected document may be made available to the public only after required redactions are made.

A “protected” document that may be accessed by the public only after redactions are made pursuant to federal or state statute, court rule, or court order

WARNINGCivil cases

Pleadings should not include confidential information such as Social Security numbers, driver's license numbers, personal identifying information, or financial account numbers.

To facilitate compliance with CJD 05-01 please refrain from including confidential information in pleadings (i.e. social security number, driver’s license numbers, personal identifying information, financial account numbers, etc.)

WARNING

If the court determines that it is necessary to seal the file pending the execution of the search warrant, the court should limit the duration of the order to the amount of time reasonably necessary for law enforcement officials to execute the search warrant.

If the court determines that it is necessary to seal the file pending the execution of the search warrant, the court should limit the duration of the order to the amount of time reasonably necessary for law enforcement officials to execute the search warrant.

WARNING

A law enforcement petitioner who concurrently tenders a search warrant application may request orally at the hearing or in writing in the application that the file remain sealed until the warrant is executed.

If a law enforcement officer or agency is the petitioner in a TERPO proceeding and concurrently tenders an affidavit/application for a search warrant, the officer/agency petitioner may request either verbally during the hearing or in writing in the affidavit/application for a search warrant that the file remain sealed until the search warrant is executed.

WARNING

Non-criminal case documents filed through CCE may use sealed, protected, suppressed, or public designations, each with stated access limits.

Documents may be filed through CCE in a non-criminal case using one of four designations: (1) a “sealed” document may be accessed only by judges, court staff, and authorized personnel within the judicial department; (2) a “protected” document that may be accessed by the public only after redactions are made pursuant to federal or state statute, court rule, or court order, but may be accessed in an unredacted format by the judges and court staff, authorized judicial department personnel, the parties and their attorneys; (3) a “suppressed” document may be viewed by all parties to the case, their attorneys, judicial officers and court staff, and authorized personnel within the judicial department, but suppressed documents are not accessible by the public absent a court order; (4) a “public” document may be viewed by anyone.

WARNING

When deciding whether to seal the TERPO file, the judge may consider the petitioner’s information and balance safety risks against the public interest in immediate access.

The judge presiding over the TERPO hearing may consider the information presented by the officer/agency petitioner and balance the safety risks against the public interest in the immediate access to the contents of the TERPO file, when determining whether to seal the contents of the file.