15th Judicial Circuit Court, Carroll County, Illinois Sealing & Redaction Procedures

CRITICAL

Adoption files must be impounded as provided by the cited statute.

Adoption files shall be impounded subject to the terms of 750 ILCS 50/18.

CRITICAL

Juvenile files must be impounded as provided by the cited statutes.

Juvenile files shall be impounded subject to the terms of 705 ILCS 405/1-8 and 705 ILCS 405/5-901.

CRITICAL

Mental health records must be impounded as provided by the cited statutes.

Mental health records shall be impounded subject to the terms of 740 ILCS 110/1 et seq.

CRITICAL

A motion to seal or impound must be written, presented to the Court after appropriate notice to all parties, and state the basis and proposed duration.

All motions to seal or impound a file, record, or document must be made in writing and presented to the Court after appropriate notice to all parties. The motion must explain the basis for sealing or impounding the file, record, or document and specify the proposed duration of the sealing

CRITICAL

The Clerk must automatically impound specified financial, identifying, and sensitive reports, restricting access and copying to the parties and attorneys of record.

In accordance with Rule 3.3, if any party files a financial affidavit, other documents containing a social security or account number, or a medical, psychiatric, psychological, mediator’s, or guardian ad litem’s report, the Clerk shall without further order impound the document so that only the parties and attorneys of record in the action may have access to them and the right to copy them.

CRITICAL

Financial affidavits and other documents described in Rule 8.1(c) must be impounded as that rule provides.

Financial affidavits and other documents described in Rule 8.1(c) shall be impounded as described in the Rule.

CRITICAL

Judge’s notes described in Rule 3.8 must be impounded as that rule provides.

Judge’s notes as described in Rule 3.8 shall be impounded as described in the Rule.

CRITICAL

The filer must ensure electronically filed documents and exhibits do not disclose impounded, sealed, or defined private information.

It is the responsibility of the Filer to ensure documents or exhibits filed electronically do not disclose information previously or statutorily impounded or sealed under these Rules or private information as defined in Supreme Court Rules 15 and 138.

CRITICAL

A motion to seal or impound may itself be sealed on specific request if it discusses confidential material, and any order granting relief must specify the scope, whether parties’ names are removed from public access, and the duration.

Any motion to seal or impound, on specific request, may also be sealed or impounded if it contains a discussion of the confidential material. The Court shall enter a written order granting, granting in part, or denying the request. If the Court grants the motion in whole or in part, the order shall designate whether the entire file, record, or document or only a portion of the entire file, record, or document shall be sealed or impounded. The order shall further designate whether it includes removing the parties’ names from public access and the duration the file is to be sealed or impounded.

CRITICAL

The Clerk must impound specified financial, identifying, and health-related documents without further order, limiting access to parties and counsel of record.

In accordance with Rule 3.3, if any party files a financial affidavit, other documents containing a social security or account number, or a medical, psychiatric, psychological, mediator’s, or guardian ad litem’s report, the Clerk shall without further order impound the document so that only the parties and attorneys of record in the action may have access to them and the right to copy them.

CRITICAL

Filers must ensure e-filed documents and exhibits do not disclose impounded, sealed, or specified private information.

It is the responsibility of the Filer to ensure documents or exhibits filed electronically do not disclose information previously or statutorily impounded or sealed under these Rules or private information as defined in Supreme Court Rules 15 and 138.

CRITICAL

Fitness reports and psychological or psychiatric evaluations must be impounded as provided by the cited statute.

Fitness reports and psychological and/or psychiatric evaluations shall be impounded subject to the terms of 725 ILCS 5/104-19.

CRITICAL

Any person or entity may seek access to sealed or impounded material by filing an appearance and, if required, paying the appropriate filing fee before moving to vacate the sealing or impounding order.

A person or entity seeking access to a sealed or impounded case, record, or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed, may, on the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the order sealing or impounding the case, records, or document be vacated.

CRITICAL

A motion to seal or impound must be written and presented to the Court after appropriate notice to all parties.

All motions to seal or impound a file, record, or document must be made in writing and presented to the Court after appropriate notice to all parties.

CRITICAL

Proceedings under the Parental Notice of Abortion Act must be sealed as provided by the cited statute.

Proceedings under the Parental Notice of Abortion Act shall be sealed pursuant to the terms of 750 ILCS 70/25.

CRITICAL

Reports concerning adjudication of disability and appointment of a guardian must be impounded as provided by the cited statute.

Reports filed with respect to adjudication of disability and appointment of guardian shall be impounded subject to the terms of 755 ILCS 5/11a-9.

CRITICAL

Unless an exception is provided by statute, the Manual on Recordkeeping, or these Rules, a file, record, or document may be impounded or sealed only by Court order.

Except as otherwise provided by statute, the Manual on Recordkeeping, or these Rules, files, records, or documents may be impounded or sealed only on order of the Court.

CRITICAL

Pre-trial bond reports and substance abuse evaluations must be impounded unless the Court directs otherwise.

Pre-trial bond reports and substance abuse evaluations shall be impounded unless otherwise directed by the Court.

CRITICAL

Presentence investigation reports must be impounded as provided by the cited statute.

Presentence investigation reports shall be impounded subject to the terms of 730 ILCS 5/5-3-4 (a) and (b).

CRITICAL

Public access to Court files and records is strongly presumed, and sealing requires a compelling showing that protection interests outweigh the public’s right of access.

A strong statutory presumption of public access to the Court’s files and records exists that may be overcome only on a compelling showing that the public’s right of access is outweighed by the interests of the public and the parties in protecting files, records, or documents from public view.

WARNING

Sealed and impounded files are reviewed annually unless the order provides otherwise; an unavailable judge’s cases go to the Chief Judge or designee, and review is not required for Rule 3.3(c) files.

Unless otherwise specified in the order, the Clerk annually shall present for each judge’s review a list of all files, records, or documents sealed or impounded by the judge. If the judge ordering the file, record, or document to be sealed or impounded is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review. The judge ordering the case, record, or document sealed or impounded shall review the file to determine whether the case, record, or document will remain sealed or impounded. A judge may unseal and open a case, record, or document if a party fails to object to unsealing or opening within 30 days following written notice of the intent to unseal or open. For purposes of this Rule, review of files sealed or impounded as described in Rule 3.3(c) is not required.

WARNING

An attorney who represents a client in a pending criminal matter may without leave of the Court review the file from any juvenile court delinquency proceeding in which the client was the respondent minor, except to the extent any document in the file was specifically sealed by the Court during that proceeding.

An attorney who represents a client in a pending criminal matter may without leave of the Court review the file from any juvenile court delinquency proceeding in which the client was the respondent minor, except to the extent any document in the file was specifically sealed by the Court during that proceeding.

WARNING

The Clerk has no duty to review or remove expunged, sealed, or impounded information from e-filed documents.

The Clerk is not responsible for the content of e-filed documents and has no obligation to review, redact, or screen any expunged, sealed, or impounded information.

WARNING

Except for the first three listed exceptions, an impoundment must be limited to the identified record or document.

Except as set forth in exceptions (1), (2), and (3), impoundments shall be limited to the identified record or document:

WARNING

On specific request, a motion to seal or impound that discusses confidential material may itself be sealed or impounded.

Any motion to seal or impound, on specific request, may also be sealed or impounded if it contains a discussion of the confidential material.