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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Texas Tex. Code Crim. Proc. Art. 103.010 Receipt book

(a) Each county shall provide a receipt book to each officer collecting fines and fees in criminal cases for the county. The book must contain duplicate official receipts. Each receipt

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must bear a distinct number and a facsimile of the official seal of the county.

(b) An officer who collects fines or fees in a criminal case shall give the person paying the money a receipt from the receipt book. The receipt must show: (1) the amount of money paid;(2) the date the money was paid;(3) the style and number of the case in which the costs were accrued;(4) the item of costs; (5) the name of the person paying the money; and (6) the official signature of the officer receiving the money. (c) Instead of a receipt book, each officer collecting fines or fees in criminal cases for the county may maintain the information listed in Subsections (b)(1)-(5) in a computer database.The officer shall provide a receipt to each person paying a fine or fee.

Obligation to collect or record Clerk, County, Law enforcement
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Texas Tex. Loc. Gov't Code Sec. 133.054 General record of fees collected - officer/clerk

(a) An officer or clerk collecting a fee shall keep a record of the money collected.

(b) The treasurer shall keep a record of the money collected and on deposit in

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the treasury.

Obligation to collect or record Clerk, Law enforcement
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Texas Tex. Code Crim. Proc. Art. 103.009(a)(c) Fee Records

(a) Each clerk of a court, county judge, justice of the peace, sheriff, constable, and marshal shall keep a fee record. The record must contain: (1) a statement of each

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fee or item of cost charged for a service rendered in a criminal action or proceeding;(2) the number and style of the action or proceeding; and (3) the name of the officer or person who is entitled to receive the fee.

(b) Any person may inspect a fee record described by Subsection (a).

(c) A statement of an item of cost in a fee record is prima facie evidence of the correctness of the statement.

(d) The county shall provide to officers required to keep a fee record by this article equipment and supplies necessary to keep the record.

Obligation to collect or record, Obligation to report/conduct analysis, Obligation to respond to public records requests Clerk, State courts
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Texas Tex. Code Crim. Proc. Art. 102.0185(d)-(e)(1) Fine for Intoxication Convictions: Emergency Medical Services, Trauma Facilities, and Trauma Care Systems

(d) The officer collecting the fines under this article shall keep separate records of the money collected and shall pay the money to the custodian of the municipal or county treasury.

(e) The

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custodian of the municipal or county treasury shall: (1) keep records of the amount of money collected under this article that is deposited with the treasury under this article

Obligation to collect or record County, Municipality/municipal agency
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Texas Tex. Code Crim. Proc. Art. 102.0178(c)-(d),(f),(h) Costs Attendant to Certain Intoxication and Drug Convictions

(c) Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected

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as costs under this article and shall deposit the funds in the county treasury, as appropriate.

(d) The custodian of a county treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) except as provided by Subsection (e), send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter.

(f) If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected.

(h) Funds collected under this article are subject to audit by the comptroller.

Obligation to collect or record, Obligation to report/conduct analysis County
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Texas Tex. Code Crim. Proc. Art. 102.020(d)-(e),(g),(i) Costs Related to DNA Testing Currentness

(d) Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected

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as costs under this article and shall deposit the funds in the county treasury.

(e) The custodian of a county treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter.

(g) If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected.

(i) Funds collected under this article are subject to audit by the comptroller.

Obligation to collect or record, Obligation to report/conduct analysis County
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Texas Tex. Gov't Code Sec. 51.851(j)-(k) Electronic Filing Fee

(j) The comptroller may audit the records of a county related to costs and fees collected under this section.

(k) Money spent from costs and fees collected under this section is

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subject to audit by the state auditor.

Obligation to report/conduct analysis Clerk, State courts
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Texas Tex. Code Crim. Proc. Art. 102.015(e),(i) Court Costs: Truancy Prevention and Diversion Fund Currentness

(e) The custodian of a county treasury or municipal treasury, as applicable, shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send

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to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter, except that the custodian may retain 50 percent of funds collected under this article for the purpose of operating or establishing a juvenile case manager program, if the county or municipality has established or is attempting to establish a juvenile case manager program.

(i) Funds collected under this article are subject to audit by the comptroller.

Obligation to collect or record, Obligation to report/conduct analysis County, Municipality/municipal agency
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Texas Tex. Code Crim. Proc. Art. 102.001(f) Reimbursment Fees for Services of Peace Officers

(f) An officer who receives fees imposed under Subsection (a)(1) of this section in a municipal court shall keep separate records of the funds collected and shall deposit the funds

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in the municipal treasury. The officer collecting the fees under Subsection (a)(1) or (a)(2) of this article in a justice, county, or district court shall keep separate records of the funds collected and shall deposit the funds in the county treasury.

Obligation to collect or record Law enforcement
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Texas Tex. Loc. Gov't Code Sec. 133.056 Quarterly Report for Criminal Fees Currentness

(a) On the last day of the month following a calendar quarter, the treasurer shall report the criminal fees collected for the preceding calendar quarter.

(b) For fees collected for convictions

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of offenses committed on or after January 1, 2004, a municipality or county shall report the fees collected for a calendar quarter categorized according to the class of offense.

(c) For fees collected for convictions of offenses committed before January 1, 2004, a municipality or county shall report the total of fees collected for a calendar quarter.

Obligation to report/conduct analysis County, Municipality/municipal agency
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Texas Tex. Code Crim. Proc. Art. 103.005 Report Required

An officer listed in Article 103.003 [District and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace] who collects money other than taxes for

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a county shall report to the commissioners court of the county for which the money was collected during each term of the court.

(b) An officer listed in Article 103.003 [District and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace] who collects money other than taxes for the state shall report to the district court having jurisdiction in the county the officer serves on the first day of each term of the court.

(c) The report must state for the reporting period: (1) the amount of money collected by the officer; (2) when and from whom the money was collected; (3) the process by which the money was collected; and (4) the disposition of the money.

(d) The report must be in writing and under the oath of the officer.

(e) If an officer has not collected money since the last report required to be filed with the court or the commissioners court, the officer shall report that fact to the court or commissioners court.

Obligation to collect or record, Obligation to report/conduct analysis Law enforcement
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Texas Tex. Gov't. Code § 72.033 List of New or Amended Court Costs and Fees

The office biennially shall prepare and publish a list of new or amended court costs and fees as required by Section 51.607.

Obligation to report/conduct analysis Clerk