Kenton Circuit Court Sealing & Redaction Procedures

CRITICAL

Privileged or confidential information filed with the Court must be placed in a sealed envelope marked “Confidential/Privileged.”

If any privileged or confidential information is be filed with the Court, it shall be placed in an envelope marked "Confidential/Privileged" and sealed.

CRITICAL

Each party and counsel must securely maintain privileged or confidential information and restrict access to persons permitted by the rule.

It is the responsibility of each party and counsel to maintain privileged or confidential information in a secure and appropriate place and to restrict access to such material to persons permitted under this Rule.

CRITICAL

Custody evaluation reports must be kept confidential by sealing them within the case file.

Custody evaluations shall be kept confidential by sealing the report within the case file.

CRITICAL

Privileged or confidential information must not be disclosed to third parties without the Court’s prior written consent; counsel of record, their specified staff, and engaged expert witnesses are not third parties under this rule.

Except with the prior written consent of the Court, no privileged or confidential information shall be shown to, discussed with, or otherwise disclosed to any third party by any party or counsel for any purpose. b. "Third Party" includes any person other than the following: The counsel of record; 2. Paralegals, associates, and clerical staff of counsel; and 3. Expert witnesses engaged by the party.

CRITICAL

Anyone receiving privileged or confidential information may use it only to prepare for trial in the action.

All parties to whom privileged or confidential information is disclosed are enjoined from using the same for any purpose other than the preparation for trial in this action.

CRITICAL

Parties may not copy items containing privileged or confidential information without the Court’s prior consent.

All parties are prohibited from copying any item containing privileged or confidential information without prior consent of the Court.

CRITICAL

When a statute or rule permits personal identifying information to be redacted, the redacted pleading must be filed under seal.

Except as set forth in statute or rule where personal identifying information may be redacted, in which case a redacted pleading shall be filed under seal.

CRITICALCriminal cases

Mental Health Court proceedings and participant case-file documents are confidential; proceedings must be closed absent judicial authorization, specified documents may be released, and team members must comply with confidentiality laws.

(1) Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge. (2) Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these rules. (4) Mental Health Court team members shall comply with state and federal confidentiality laws regarding treatment information.

WARNING

Diversion program records and offense-related statements are confidential and generally protected from disclosure, subject to specified access and victim-notification exceptions.

F. All records of the Diversion Program, and all statements made by the accused to the diversion officer regarding the offense for which the accused was placed on diversion shall be privileged, shall not be admissible or discoverable for any purpose, shall be exempt from subpoena, and shall be deemed confidential except for the program staff, the trial judge, and the chief district judge, for purposes of program review, monitoring and supervision and shall not be released to any other person or entity without prior written consent of the chief district judge and the accused However, nothing in this paragraph shall be deemed to prohibit release of information to the victim of a crime regarding an accused's participation in the Diversion Program.

WARNING

Diversion Program records are confidential and may be released only to Program staff or Circuit Judges for program review and supervision, or to another person or agency with written consent from the accused or presiding Judge.

All records of the Diversion Program will be deemed confidential except for the Program staff and the Circuit Judges for purposes of program review and supervision and will be released to no other person or agency without the written consent of the accused or the presiding Judge.