Benton and Franklin Counties Superior Court Sealing & Redaction Procedures

CRITICAL

All arbitration awards must be filed under seal with the Clerk.

A. Filing of Award. All arbitration awards shall be filed under seal with the Clerk.

CRITICAL

Grievance materials and dispositions must remain confidential administrative records maintained by the Court Administrator and must not be filed in the court case file.

All grievance materials and dispositions are confidential administrative records maintained by the Court Administrator and shall not be filed in the court case file.

CRITICAL

A dismissed grievance must be retained as a confidential, sealed record unless merit has been found.

Dismissed grievances shall be retained as a confidential, sealed record unless merit has been found.

WARNING

The court will consider State requests to seal all or part of supporting affidavits or declarations and, if it grants a request, will enter an appropriate order.

The court will consider any requests by the State to seal all or portions of any affidavits or declarations filed in support of the State’s memorandum, and, if granted, enter an appropriate order.

WARNING

After reviewing the sealed materials in camera and considering the State’s position, the court will order that the materials remain sealed, be partially unsealed, or be unsealed.

D. Order on Review. After considering the State’s position and reviewing in camera the order and the affidavit and/or search warrant sealed pursuant thereto, the court will enter an order that (a) the affidavit and/or search warrant continue to be sealed as previously ordered, (b) designated portions of the affidavit and/or search warrant continue to be sealed and that the remainder thereof be unsealed, or (c) the affidavit and/or search warrant be unsealed.

INFO

The court may review orders sealing search warrants or supporting affidavits at any time at the prosecuting attorney’s request or on the court’s own motion.

A. Review. The court may review orders sealing search warrants and/or affidavits in support thereof at any time upon the request of the prosecuting attorney or upon motion of the court.

INFO

Prior to such review the prosecuting attorney may submit to the court a memorandum generally setting forth the state’s position with regard to unsealing all portions of or none of the sealed affidavit and/or search warrant.

Prior to such review the prosecuting attorney may submit to the court a memorandum generally setting forth the state’s position with regard to unsealing all portions of or none of the sealed affidavit and/or search warrant.