Rule Impacts Report

Rules of Protective Order Procedure

 RULE  AFFECTS  SUMMARY AND IMPACT

Rule 1(C)
[also ARFLP Rule 13(D) and SCR 123(d)]

R-12-0013

 

Superior
Justice
Municipal

Judges
Clerks
Admin

 

Summary:  Public disclosure of information about the filing or content of a protective order is prohibited, prior to service of the protective order.

Impact:  

  • The section heading of ARPOP Rule 1(C) has been changed from “Access to the Courts” to “Access to the Courts and Protective Order Case Information”
  • New paragraph 1(C)(6) provides that “for as long as a plaintiff has the ability by law to have a protective order served or unless otherwise ordered by the court, the court shall not make publicly available any information regarding the filing of or contents of a petition for or issuance of a protective order until proof of service of the protective order has been filed with the court.  The court may share information about the protective order with the plaintiff, prosecutors, or with law enforcement.”    Each court must assure that it has processes in place to avoid premature release of this information to the public. 
  • The rule amendments make corresponding changes to the “access to records” provisions of ARFLP Rule 13(d) and Supreme Court Rule 123(d).