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

CRITICAL

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

Presentence investigation reports must be impounded subject to the cited statutory provisions.

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

CRITICAL

The Clerk must automatically impound filed financial affidavits, documents with social-security or account numbers, and listed medical or professional reports, limiting access to parties and counsel of record.

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

The Clerk must impound specified financial, personal, and sensitive reports without further order, limiting access and copying to the parties and attorneys of record.

(d) Impoundment of Documents. 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

Unless a stated legal exception applies, files, records, or documents may be sealed or impounded 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

The Court must issue a written order on a sealing or impounding request, and any order granting relief must specify the material sealed, whether parties’ names are removed from public access, and the sealing duration.

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

Juvenile files must be impounded subject to the cited statutory provisions.

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

CRITICAL

Adoption files must be impounded subject to the cited statutory provision.

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

CRITICAL

The filer must ensure e-filed documents and exhibits do not reveal sealed, impounded, 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

Unless the order provides otherwise, the Clerk must annually present each judge with a list of that judge’s sealed or impounded files, records, and documents for review.

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.

CRITICAL

Reports concerning adjudication of disability and appointment of a guardian must be impounded subject to the cited statutory provision.

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

Proceedings under the Parental Notice of Abortion Act must be sealed under the cited statutory provision.

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

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

A sealing or impoundment motion must be written, noticed, state its basis and proposed duration, and result in a written order specifying the scope, name treatment, and duration; the motion itself may be sealed on specific request if it discusses confidential material.

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 or impounding order. 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 ordering judge must review sealed or impounded material to determine whether it remains sealed; if that judge is unavailable, the matter goes to the Chief Judge or designee, and Rule 3.3(c) files are exempt from review.

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. For purposes of this Rule, review of files sealed or impounded as described in Rule 3.3(c) is not required.

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

Fitness reports and psychological or psychiatric evaluations must be impounded subject to the cited statutory provision.

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

CRITICAL

A judge’s notes kept in the court file must be placed in a sealed envelope marked “Judicial Notes - Impounded Documents” and bearing the judge’s name.

A judge’s notes shall be placed in an envelope, which shall be sealed and marked “Judicial Notes - Impounded Documents,” together with the name of the judge

CRITICAL

Mental health records must be impounded subject to the cited statutory provisions.

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

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

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

Unless an identified legal exception applies, 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.

WARNING

Any person or entity, whether or not an original party and whether the case is pending or closed, may seek to vacate a sealing order after properly filing an appearance and paying any required fee.

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.

WARNING

The Court’s files and records are presumed accessible to the public, and that presumption may be overcome only by a compelling showing that access is outweighed by the interests in protecting them from public view.

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

After written notice of intended unsealing, the judge may unseal the material if no party objects within 30 days.

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.

WARNING

Except for the specified 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

A motion to seal or impound may itself be sealed or impounded upon specific request if it discusses confidential material.

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

INFO

An attorney representing a client in a pending criminal matter may review the client’s juvenile delinquency file without leave of court, except for documents specifically sealed in 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.