17th Judicial Circuit Court, Winnebago County, Illinois Sealing & Redaction Procedures

CRITICAL

The judge who ordered impoundment must review the file to decide whether it will remain impounded.

The judge ordering the case, records or document impounded shall review the file to determine whether the case, records or document will remain impounded.

CRITICAL

A party seeking to file under seal without a prior order must e-file a motion for leave explaining the legal basis and must not attach the document at issue.

A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal. The motion must include an explanation of how the document meets the legal standards for filing sealed documents. The document in question may not be attached to the motion as an attachment.

CRITICAL

Financial affidavits and supporting documents must be filed as impounded documents and are unavailable to the public, subject to the listed authorized access.

Because they are inherently of a personal nature and create an enhanced risk of identity theft, financial affidavits and any supporting documentation shall be accepted by the Office of the Circuit Clerk and be filed as impounded documents. As an impounded document, the financial affidavit shall not be available for public access but shall be available to the court, the appellate court, parties and their attorneys, and others directed by the court.

CRITICAL

Reports concerning adjudication of disability and appointment of a guardian must be impounded subject to 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

If the judge who ordered impoundment is no longer available, the case must be referred to the Chief Judge or designee for review.

If the judge ordering the file, record or document to be impounded is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.

CRITICAL

Mental health records must be impounded subject to the cited statute.

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

CRITICAL

Pretrial services reports should be sealed in the applicable file, while the court, probation, parties, and counsel retain access; a judge may grant additional access by order.

Pretrial services reports received by the Circuit Clerk should be sealed in the applicable file to protect their confidentiality as provided by 725 ILCS 185/31, with the court, probation, the parties, and their counsel retaining the right of access to the sealed reports. The judge presiding in the case may by order grant additional access as appropriate.

CRITICAL

Unless the written order says otherwise, the clerk must annually present the judge with a list of the files, records, or documents the judge sealed.

Unless otherwise specified on the written order, on an annual basis, the clerk of the court shall present for the judge's review, a list of all files, records or documents sealed by the judge.

CRITICAL

Juror personal information must be sealed and may be provided only as General Order 9.07 permits.

Personal information about jurors will be sealed in the court file and only may be provided as described in General Order 9.07.

CRITICAL

Filing counsel must ensure electronically filed documents and permitted exhibits do not disclose protected sealed, impounded, or private information.

It is the responsibility of the filing party counsel to insure that documents or exhibits (as allowed) filed electronically do not disclose previously or statutorily impounded or sealed information or private information defined in Supreme Court Rules 15 and 138.

CRITICAL

The Circuit Clerk must maintain under seal in the official case file copies of the specified materials sent to the Illinois Department of Human Services.

The Office of the Circuit Clerk shall maintain under seal copies of all items sent to the Illinois department of Human Services in paragraph 1 above in the official record/file of the specific case.

CRITICAL

Guardian ad litem reports concerning minors in family, divorce, or minor guardianship cases must be filed as impounded documents, unavailable to the public but accessible to specified persons and others as directed by the court.

Guardian ad litem reports submitted to the court in connection with a minor in family, divorce, or minor guardianship cases shall be accepted by the Office of the Circuit Clerk and be filed as impounded documents. As impounded documents, Guardian ad litem reports shall not be available for public access but shall be available to the court, the appellate court, parties and their attorneys, the GAL, and others as directed by the court.

CRITICAL

Unless the written order says otherwise, the clerk must annually present the judge with a list of the files, records, or documents the judge impounded.

Unless otherwise specified on the written order, on an annual basis, the clerk of the court shall present for the judge's review, a list of all files, records or documents impounded by the judge.

CRITICAL

Except where statute or the Manual on Recordkeeping provides otherwise, files, records, or documents may be sealed or impounded only by a judge's written order.

Except as otherwise provided by statute or the Manual on Recordkeeping, files, records or documents may be impounded or sealed only upon written order of a judge.

CRITICAL

Adoption files must be impounded subject to the cited statute.

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

CRITICAL

The judge who ordered sealing must review the file to decide whether it will remain sealed.

The judge ordering the case, records or document sealed shall review the file to determine whether the case, records or document will remain sealed.

CRITICAL

The clerk must not seal or impound any file or part of a file without a written order, unless law or the Manual on Recordkeeping requires otherwise.

The clerk of the court shall not impound or seal any file or any part thereof without a written order unless otherwise required by law or the Manual on Recordkeeping.

CRITICAL

If the judge who ordered sealing is no longer available, the case must be referred to the Chief Judge or designee for review.

If the judge ordering the file, record or document to be sealed is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.

CRITICAL

Anyone seeking access to sealed juror documents in the court file must follow Local Rule 16.07.

Anyone seeking to access these sealed documents in the court file must follow the procedures outlined in 17th Circuit Local Rule 16.07.

CRITICAL

A motion to impound must be written, presented to the assigned judge, and accompanied by appropriate notice to all parties of record.

All motions to impound a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record.

CRITICAL

Juvenile files must be impounded subject to the cited statutes and local-rule provision.

Juvenile files shall be impounded subject to the terms of 705 ILCS 405/1-8, 705 ILCS 405/5-901 and paragraph 16.02(a)(2) of this Local Rule No. 16.

CRITICAL

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

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

CRITICAL

All court proceedings under the Parental Notice of Abortion Act section must be sealed.

All Court proceedings under this Section shall be sealed. (750 ILCS 70/25).

CRITICAL

Presentence investigation reports must be impounded subject to the cited statute.

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

CRITICAL

After the judge reviews the test results, the circuit clerk must seal the documents in the court file unless the court orders otherwise.

Once the judge has finished reviewing the results, unless otherwise ordered by the court, the circuit clerk will seal the documents in the court file.

CRITICAL

A motion to seal must be written, presented to the assigned judge, and accompanied by appropriate notice to all parties of record.

All motions to seal a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record.

CRITICAL

Search warrant records must be impounded upon filing and remain impounded until further court order, regardless of the warrant’s status; they are unavailable to the public but accessible to parties of record and as the court directs, and access may be sought under Local Rule 16.07.

All search warrant records shall be impounded upon filing pursuant to Part 1, Section L, paragraph 2(b) of the Manual on Record Keeping. Further, in order to protect the integrity of criminal investigations, promote the safety of law enforcement officers and confidential informants, safeguard the privacy interests of victims and witnesses, prevent the premature disclosure of investigative information, and further the administration of justice, all search warrant records shall remain impounded until further order of the court regardless of whether the warrant has been executed, returned, unexecuted, or otherwise concluded. As impounded documents, search warrant records shall not be available for public access but shall be available to parties of record and otherwise as directed by order of the court. Access to impounded court records and/or documents may be sought pursuant to Local Rule 16.07.

CRITICAL

After a jury trial, juror profile cards, lists, seating charts, and verdict forms must be delivered to the clerk, placed in separate envelopes as specified, and sealed in the court file.

At the completion of all jury trials, the judge shall provide to the clerk the judge's juror profile cards, juror list(s), juror seating chart(s), and the verdict forms. In one envelope, the clerk shall insert the juror profile cards, the juror list(s), and the juror seating chart(s). In a separate envelope, the clerk shall insert the verdict forms. All juror court documents shall then be sealed in the court file.

CRITICAL

If the original judge is unavailable or cannot hear the motion within 14 days, the case must be referred to the Chief Judge or designee for review.

If the judge ordering the case, records or documents sealed or impounded is no longer available or cannot hear the motion within the 14 days set forth by this rule, then the case shall be referred to the Chief Judge or his or her designee for review.

CRITICAL

Sealing or impoundment may overcome the presumption of public access only upon a compelling showing that the interests in protection outweigh the public's right of access.

There is a strong statutory presumption of public access to the court's files and records which 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 review.

WARNING

The review procedure does not apply to files impounded under statute or the Manual on Recordkeeping.

For purposes of this rule, review of files impounded pursuant to statute or the Manual on Recordkeeping shall be exempt.

WARNING

Upon specific request, a motion to impound may itself be impounded if it discusses confidential material.

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

WARNING

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

A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon 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 rescinded.

WARNING

An attorney representing a client in a pending criminal matter may review that client's juvenile delinquency file without leave of court, except for portions already sealed.

An attorney who represents a client in a pending criminal matter may without leave of the court review any juvenile court file wherein that client is the respondent minor in a delinquency proceeding, except such part of the juvenile court file which has been previously sealed by the court.

WARNING

Upon specific request, a motion to seal may itself be sealed if it discusses confidential material.

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

WARNING

The review procedure does not apply to files sealed under statute or the Manual on Recordkeeping.

For purposes of this rule, review of files sealed pursuant to statute or the Manual on Recordkeeping shall be exempt.

WARNING

The sealing procedure for juror documents does not apply to jury verdict forms in civil cases.

The foregoing shall not apply to the jury verdict form in civil cases.

WARNING

Relief from the impound order may be obtained for good cause under Local Rule 16.07.

Relief from this impound order may be obtained, for good cause shown, pursuant to Local Rule 16.07.