REPORT TITLE:
Court Records; Sealing


DESCRIPTION:
Establishes when court records may be sealed.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2191
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COURT RECORDS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 601, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§601-    Sealing court records.  (a)  Except as permitted
 
 5 by law, court records may not be removed from court files.  No
 
 6 court order or opinion issued in the adjudication of a case may
 
 7 be sealed.  Other court records, as provided in this section, are
 
 8 presumed to be open to the general public and may be sealed only
 
 9 upon a showing of all of the following:
 
10      (1)  A specific, serious, and substantial interest which
 
11           clearly outweighs:
 
12           (A)  This presumption of openness; and
 
13           (B)  Any probable adverse effect that sealing will have
 
14                upon the general public health or safety; and
 
15      (2)  No less restrictive means than sealing records will
 
16           adequately and effectively protect the specific
 
17           interest asserted.
 
18      (b)  For purposes of this section, court records mean:
 
19      (1)  All documents filed in connection with any matter
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1           before any civil court, except:
 
 2           (A)  Documents filed with a court in camera, solely for
 
 3                the purpose of obtaining a ruling on the
 
 4                discoverability of such documents;
 
 5           (B)  Documents in court files to which access is
 
 6                otherwise restricted by law; and
 
 7           (C)  Documents filed in an action originally arising in
 
 8                family court;
 
 9      (2)  Settlement agreements not filed of record, excluding
 
10           all reference to any monetary consideration, that seek
 
11           to restrict disclosure of information concerning
 
12           matters that have a probable adverse effect upon the
 
13           general public health or safety, the administration of
 
14           public office, or the operation of government; and
 
15      (3)  Discovery, not filed of record, concerning matters that
 
16           have a probable adverse effect upon the general public
 
17           health or safety, the administration of public office,
 
18           or the operation of government, except discovery in
 
19           cases originally initiated to preserve bona fide trade
 
20           secrets or other intangible property rights."
 
21      SECTION 2.  New statutory material is underscored.
 
22      SECTION 3.  This Act shall take effect upon its approval.
 
23 
 
24                       INTRODUCED BY:  ___________________________