Here is the text we could read:
Rule 509. Access to Financial Records.
a) General Policy. Financial records of the Unified Judicial System are
presumed to be open to any member of the public for inspection or copying
during established business hours. The term “financial records” is defined
as any account, contract, invoice or equivalent dealing with: 1) the receipt or
disbursement of funds appropriated to the system; or 2) acquisition, use or
disposal of services, supplies, materials, equipment or property secured
through funds appropriated to the system.
(b) Accessibility. All financial records are accessible to the public except
the following:
(
(1) any part of a record setting forth information to which access is
otherwise restricted by federal law, state law, court rule, court order or
court policy;
(2) any part of a record setting forth a person’s social security number,
home address, home telephone number, date of birth, operator’s
license number, e-mail address, or other personal information;
(3) any part of a record setting forth financial institution account
numbers, credit card numbers, personal identification numbers (PINs)
and passwords used to secure accounts;
(4) any part of a record setting forth information presenting a risk to
personal security, personal privacy, or the fair, impartial and orderly
administration of justice, as determined by the Court Administrator of
Pennsylvania.
(c) Procedure for Requesting Access.
(1) A request to inspect or obtain copies of records accessible
pursuant to this rule and in possession or control of the Administrative
Office of Pennsylvania Courts shall be made in writing to the records
manager, as designated by the Court Administrator of Pennsylvania.
A request to inspect or obtain copies of records accessible pursuant to
this rule and in possession or control of a court of a judicial district
shall be made in writing to the records manager, as designated by the
president judge. A written request may be submitted in person, by
mail, by e-mail, by facsimile, or, to the extent provided, any other
electronic means, on a form provided by the Administrative Office.
Note: Information related to procedures applicable to written
requests to the AOPC may be found on the UJS website, located
at www.courts.state.pa.us. Information related to procedures
applicable to requests for courts within a judicial district
should be posted on the local court’s website.
(2) A request should identify or describe the records sought with
sufficient specificity to enable the records manager to ascertain which
records are being requested. A request need not include any
explanation of the requester’s reason for requesting or intended use of
the records.
(3) The records manager shall not be required to create financial
records which do not currently exist or to compile, maintain, format or
organize such records in a manner in which the records are not
currently compiled, maintained, formatted or organized.
2
(4) Within 10 business days of receipt of a written request, the
records manager shall respond in one of the following manners:
(i) fulfill the request, or if there are applicable fees and costs
that must be paid by the requester, notify requester that the
information is available upon payment of same;
(ii) notify the requester in writing that the requester has not
complied with provisions in this rule and specifically identify
the reason(s) why;
(iii) notify the requester in writing that the information cannot
be provided and specifically identify the reason(s) why;
(iv) notify the requester in writing that the request has been
received and the expected date that the information will be
available, not to exceed 30 business days.
Note: Subsection (c)(4)(iv) contemplates that bona fide reasons
may impede the ability of the records manager to fulfill a
request within 10 business days (e.g., extensive redaction
required of personal identifiers; retrieval of a record(s) stored
in a remote location may be required; timely response cannot
be accomplished due to staffing limitations; or the extent or
nature of the request precludes a response within the requisite
time period).
(5) If the AOPC records manager denies a written request for access,
the denial may be appealed in writing within 15 business days of the
mailing date of the written response by the records manager to the
Court Administrator of Pennsylvania or designee. Within 20 business
3
days of receipt of the appeal, the Court Administrator or designee
shall make a determination and forward it in writing to the requester.
This remedy need not be exhausted before other relief is sought. Any
further appeal shall be subject to Chapter 15, Judicial Review of
Governmental Determinations, of the Pennsylvania Rules of Appellate
Procedure.
If the records manager of a judicial district denies a written request for
access, the denial may be appealed in writing within 15 business days
of the mailing date of the written response by the records manager to
the president judge or designee. Within 20 business days of receipt of
the appeal, the president judge or designee shall make a determination
and forward it in writing to the requester. This remedy need not be
exhausted before other relief is sought. Any further appeal shall be
subject to Chapter 15, Judicial Review of Governmental
Determinations, of the Pennsylvania Rules of Appellate Procedure.
(1) Reasonable costs incurred in providing public access to records
may be charged pursuant to this rule. Such costs may include, but are
not limited to, postage, photocopying, copying onto electronic media,
transmission by facsimile or other electronic means, and other means
of duplication.
(2) Prior to granting a request for access in accordance with this rule,
the records manager may require a requester to prepay an estimate of
the fees associated with the request, if the fees are expected to exceed
$100.
(d) Fees.
4
(e) Publication of Financial Record Information.
(1) The Administrative Office shall make contract information available on
the Unified Judicial System’s website.
(2) For the appellate courts and Administrative Office, the Unified Judicial
System’s website shall also contain:
(i)
appropriation names, descriptions and annual funding amounts;
(ii)
expenditure data, including name and address of entity
receiving payment, payment amount, applicable appropriation
and fiscal year;
(iii) employee complement information, including position title and
current annual salary, posted on a monthly basis; and
(iv) a listing of position titles and total annual compensation paid as
of the end of the prior calendar year for each employee, posted
on a yearly basis.
Note: The Pennsylvania Judiciary’s long-standing practice of
providing open, public access to its records, both administrative and
case-related, has been formalized in this rule and other policies
adopted by the Supreme Court. The underlying premise for public
access policies and practices in the Unified Judicial System is always
the presumption of open records.
Initially promulgated by the Supreme Court on May 14, 2007,
this rule furthers the Judiciary’s commitment to establishing
systematic processes for requesting and accessing state court system
records. The rule took effect July 1, 2007.
5
The enactment of revisions to the Right-to-Know Law (Act 3 of
2008) occurred on February 14, 2008. Act 3 includes the judiciary
only as it pertains to access of financial records, as defined by the
Act, and regarding the Internet publication of judiciary contracts by
the Commonwealth’s Treasury Department. Section 304 of Act 3 of
2008 provides that a “judicial agency shall provide financial records
in accordance with this act or any rule or order of court providing
equal or greater access to the records.” [Emphasis added.].
This rule, as amended, is promulgated pursuant to the
Pennsylvania Supreme Court’s constitutional authority regarding the
administration of the courts under Article V, Section 10 and Section
304 of Act 3 of 2008. The expansion of the scope of this rule is in
accordance with the continuing effort to promote the Unified Judicial
System’s policy of the public’s right of access to records that deal
with the use of public funds.
Pursuant to the Supreme Court’s Order of June 23, 2008,
access to financial records and publication of contract information of
the Unified Judicial System shall be provided in accordance with this
rule.
Effective on December 17, 2012, the Supreme Court directed
the Administrative Office to augment the Unified Judicial System’s
website to include annual appropriation, expenditure, personnel
complement and annual compensation information for the appellate
courts and Administrative Office of Pennsylvania Courts, pursuant to
its Order of November 8, 2012. The term “entity” shall not include
employees of the Unified Judicial System.
6