Transparency

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State Statute Description/Statute Name Statutory language Type of obligation Actor
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New Hampshire NH R CT RECORDS ACCESS Guideline 2 Records Subject to Inspection

A presumption exists that all court records are subject to public inspection.

The public right of access to specific court records must be weighed and balanced against nondisclosure interests as established

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by the Federal and/or New Hampshire Constitution or by statutory provision granting or requiring confidentiality.

Unless otherwise ordered by the court, the following categories of cases shall not be open to public inspection: juvenile cases (delinquency, CHINS, abuse/neglect, termination of parental rights, adoption); pending or denied application for search or arrest warrants; grand jury records; applications for wire taps and orders thereon; and any other record to be kept confidential by statute, rule or order. Before a court record is ordered sealed, the court must determine if there is a reasonable alternative to sealing the record and must use the least restrictive means of accomplishing the purpose. Once a court record is sealed, it shall not be open to public inspection except by order of the court.

Any case records not subject to disclosure except upon order of the court shall be kept in a separate section of the court files, accessed only by the court and the clerk's staff.

Obligation to respond to public records requests State courts
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New Hampshire NH R CT RECORDS ACCESS Guideline 3 Right to Copy

The right to public access shall generally include the right to make notes and to obtain copies at normal rates.

Obligation to respond to public records requests State courts
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New Hampshire NH R CT RECORDS ACCESS Guideline 4 Timing of Access

The clerk of each court, in conjunction with the court's Administrative Justice, shall set reasonable administrative regulations governing the scheduling of access to records. All such regulations shall be designed

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to cause the least disruption to the clerk's office and shall be balanced against the need to provide timely access. The regulations may include the requirement of requesting access in writing, the scheduling of an appointment to inspect documents during off-peak hours, etc.

Obligation to respond to public records requests State courts
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New Hampshire NH R CT RECORDS ACCESS Guideline 6 Large Scale Access

Access to large numbers of records at any one time shall not be permitted. Individuals seeking such access shall be required to specifically identify by document number or case name

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the files to which they seek access and may be assessed a reasonable fee. Clerks are not required to allow access to more than ten files per day but may do so in the exercise of their discretion if it will not cause disruption to the clerk's primary function. No person shall be allowed direct access to the clerk's records or permitted to enter the inner office of the clerk's staff unless the court facility requires such entry and unless specific authorization for such entry is given by the clerk in conjunction with the presiding justice.

Obligation to respond to public records requests State courts
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New Hampshire NH R CT RECORDS ACCESS Guideline 7 Telephone Inquiries

Telephone access to court records shall be allowed only at such times and under such conditions as the clerk may establish.

Obligation to respond to public records requests State courts
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New Hampshire NH R CT RECORDS ACCESS Guideline 5 Supervision of Access

It is the duty of the clerk to insure the integrity of each file. At no time shall any file be given to any person to be examined outside the

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area allocated for file review. The file review area shall be within full view of court personnel whenever possible. Supervision over file use shall be direct whenever possible. At no time shall any person be allowed to leave the court facility until the file has been returned to be refiled and court personnel has examined the completeness of the file if that is part of the court's procedure.Administrative regulations designed to insure the integrity of all files may be established by the clerks in conjunction with the Administrative Justice. Such regulations may include, but need not be limited to, requiring the individual seeking access to provide identification and sign for all records and allowing only one file at a time to be released to each individual seeking access.

Obligation to respond to public records requests State courts
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New Hampshire NH R CT RECORDS ACCESS Guideline 8 Denial of Access

The clerk, after consultation with the presiding justice and Administrative Justice, may, for good cause shown, deny access to court records to any individual. Good cause shall include, but not

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be limited to, previous theft, destruction, defacement or tampering of records and refusal to comply with administrative regulations established in accordance with these guidelines.

Obligation to respond to public records requests State courts
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New Hampshire N.H. Rev. Stat. Ann. § 499:11 Deposited Records.

All records, files and papers required to be deposited in the office of the clerk by any law shall be and remain records, files and papers of the office, unless

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otherwise provided, and the clerk shall be the proper officer to attest copies thereof.

Obligation to collect or record Clerk
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South Dakota S.D. Codified Laws § 1-27-1 Records open to inspection — Inspection and Copying

Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in § 1-27-1.1, are

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hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.

Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official.

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South Dakota S.D. Codified Laws § 1-27-37 Procedure after denial of informal request

If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to

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this section:

(1) A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request. The public record officer shall respond to the request by:

(a) Providing the record in whole or in part to the requestor upon payment of any applicable fees pursuant to §§ 1-27-35 and 1-27-36.

(b) Denying the request for the record; or

(c) Acknowledging that the public record officer has received the request and providing an estimate of the time reasonably required to further respond thereto;

(2) Additional time to respond to the written request under subsection (1)(c) of this section may be based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request;

(3) If a written request is unclear, the public record officer may require the requestor to clarify which records are being sought. If the requestor fails to provide a written response to the public record officer’s request for clarification within ten business days, the request shall be deemed withdrawn and no further action by the public records officer is required;

(4) If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial;

(5) If the public record officer fails to respond to a written request within ten business days, or fails to comply with the estimate provided under subsection (1)(3) of this section without provision of a revised estimate, the request shall be deemed denied.

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South Dakota S.D. Codified Laws § 1-27-35 Informal request for disclosure of documents — Fees

Any informal request for disclosure of documents or records shall be made to the custodian of the record. The custodian of the record may then provide the requestor with the

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document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule. A requestor that makes an informal request requiring the dedication of staff time in excess of one hour may be required to pay the cost of the staff time necessary for the location, assembly, or reproduction of the public record. If any records are required or permitted to be made public upon request and no other rate is prescribed for reproduction or retrieval of such records, the Bureau of Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum rate, or the formula for calculating rates, for reproduction and retrieval.

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South Dakota S.D. Codified Laws § 216-2-28 Accounting system for funds

The Supreme Court shall by rule provide for an accounting system for the receipting, holding, and disbursement of fines, fees, costs, forfeitures, restitution, bonds, trust funds, support and alimony payments,

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penalties, assessments, and other funds established by law

Obligation to collect or record Court