Morgan County Circuit Court, Kentucky Sealing & Redaction Procedures

CRITICAL

The clerk may not release a Family Court in-chamber interview video involving a child without a specific written order from a Family Court Judge.

Pursuant to FCRPP 17, the Circuit Court Clerk shall not release any Family Court video in-chamber interviews with children without a specific written order of a Family Court Judge.

CRITICAL

The Circuit Clerk may not release copies of confidential Family Court video records without a specific written order from the presiding Family Court Judge; this restriction does not apply to Paternity actions.

The Circuit Clerk shall not release any copies of Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge.

CRITICALCriminal cases

Program records and contract-related statements are confidential, privileged, and protected from discovery and subpoena, subject to specified access for program oversight, written-consent release, and disclosure to the victim about participation.

All Program records and all statements made by a defendant to the diversion officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.

CRITICAL

For covered personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted, while documents in statutorily confidential actions need not be redacted and are governed by the cited statutes.

A. In addition, all pleadings must comply with the requirements of KRS Chapters required in those chapters. However, except as set forth in paragraph B below, 205, 403, 405, 406 and 407 by providing the personal identifying information where personal identifiers, are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy of specific orders of the Court. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not e redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.

CRITICAL

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.

WARNING

Mediation proceedings and communications are private and confidential, except that the mediator must report abuse as required by the cited statutes.

Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential. The same protection shall be given to communications between the parties in the presence of the mediator. The only exception to this Rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030, KRS 209A.030 and KRS 620.030.

WARNING

The written-order restriction does not apply to qualifying public officers or employees whose status is certified, but they may use or distribute the information only for authorized investigation or prosecution.

Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.