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OHIO SUPREME COURT
Decision day soon for court-records limits, Moyer says
Friday,  September 12, 2008 3:12 AM
THE COLUMBUS DISPATCH
<p>Chief Justice Thomas J. Moyer said the court has the authority to enact the policy on hiding some court data.</p>

Chief Justice Thomas J. Moyer said the court has the authority to enact the policy on hiding some court data.

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Ohio's top court could decide this year on a package of changes that would seal off some sensitive information in court filings, which has been resisted by some private investigators and media organizations, the state's chief justice said yesterday.

People who want to weigh in on the proposed policy about access to court records have until Wednesday, after which the changes will be sent to a panel that already has endorsed the proposed rules.

If that panel signs off on a few changes, the records policy could "quickly" move to the full Supreme Court, Chief Justice Thomas J. Moyer said.

The policy constitutes the court's first sweeping attempt to grapple with the growing problem of identity theft and privacy in the Internet era, but the response has been fairly muted.

During the public comment period that ends next week, the Supreme Court has received 10 letters and e-mails on the proposed rules.

Some address technical issues such as how to deal with Social Security numbers that are included in old court filings and whether a clerk of courts has authority to close off portions of a court record.

One private investigator, John Gallagher of Avon, wrote to say that the rules could make it more difficult to track down heirs to inheritances and could increase the black market for information.

"Realistically, if the information is out there and someone wants it bad enough, there will be someone who will get it to them for a price," Gallagher wrote.

On the other side, Stephanie Souza of Toledo wrote that she supports redacting personal information from court files, especially child-support documents, to protect children and victims of domestic violence.

"Child support is put into place to afford the children a healthy existence yet allowing the disclosure of such personal information negates providing these same children with that healthy existence and actually decreases the quality of life for the family," Souza wrote.

Mahoning County Juvenile Court Judge Theresa Dellick continued to raise questions about the Supreme Court's authority to enact rules governing court records across Ohio. Media lawyers have made the same argument, although none has chimed in during the latest round of public comments.

Moyer, interviewed after delivering the annual State of the Judiciary address, maintained that the Supreme Court would be on solid legal ground to enact the proposed rules.

"The courts decide these public-records policies case by case," he said. "Nobody has challenged their authority to do that."

The full text of Moyer's speech can be read at www.supremecourtofohio.gov/Communications_Office/speeches/2008.

jnash@dispatch.com



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