The Supreme Court of Ohio - Supreme Court - State of Ohio

Two very important realities prompted the Court to pursue
the new rules. First, ubiquitous access afforded by the Internet
has changed the very nature of records, as well as how they
are accessed. The identity of juvenile sexual assault victims
and the accounts of their victimization, the painful and highly
personal details of the lives of couples seeking divorce, and the
accounting of assets in a deceased
Public records are the
people’s records. The
officials in whose
custody they happen to
be are mere trustees for
the people.
— Hon. Rufus B. Smith
1901
person’s estate and the value of
an inheritance passed to heirs
are all issues routinely brought to
courts in Ohio every day. When
should these records be public?
The answer is, “almost always.” But
the question looms large when
“public” no longer means available
for review in a courthouse, but
now means accessible through
Google, displayed on MySpace,
or played on YouTube. It is this
question that the rules help to answer.
The second reality that necessitates these rules is a matter of
constitutional law. While the courts in Ohio always have acted
in accordance with the Public Records Act, the act does not
govern the courts. The important constitutional principle of
separation of powers requires that the Supreme Court of Ohio
regulate court records through its Rules of Superintendence for
Ohio Courts.
For more than 200 years, Ohio courts have balanced the
fundamental principle of openness articulated so gracefully
by Judge Smith, with the equally important privacy rights of
individuals and other societal interests. The new rules are an
attempt to continue to strike this critical balance in the new
information age.
The rules become effective on May 1, 2009, and the Court
will conduct training for court personnel around the state. The
rules are available at supremecourt.ohio.gov.
2008 Annual Report • The Supreme Court of Ohio
23
Clerk's division
Office of the Clerk
Case Mediation Section