Legal Hotline: Judicial Records and RTKL

Legal Hotline: Judicial Records and RTKL

PNA Legal Hotline

Q:  We want to review a criminal complaint filed with the county Court of Common Pleas as part of a murder prosecution.  Is this record public under the Right-to-Know Law, and should we file an RTKL request with the court?

A:  The criminal complaint is a public record and should be available from the court, but the Right-to-Know Law does not govern access to this type of record, and RTKL requests for this type of record are not appropriate.

As a general rule, records filed with or relied upon by the court as part of criminal and civil cases are considered judicial records.  Judicial records are presumptively public under the United States and Pennsylvania Constitutions, as well as common law. This presumption of access can only be overcome if the party seeking closure (a seal order) can show that the need for secrecy outweighs the right of public access. Each request for closure must be evaluated on an individual basis. A court must hold a hearing, on the record, to determine whether closure is appropriate, and issue specific findings supporting any closure. Judicial records related to criminal prosecutions such as the criminal complaint are available from the court office in which they are filed, typically the magisterial district court or the Clerk of Courts office at the county court level. In most cases, media requests are simple and straightforward, and a formal written request is not necessary. If a request is complex or voluminous, the court may require a written request prior to access. You can learn more about the court’s public access policies, rules and access request forms here.

The RTKL does not govern access to judicial records filed with the court in a criminal case.  The RTKL provides a means of access to the financial records of the court system, including salaries and budget information.  However, the court system has adopted Rule of Judicial Administration 509, which is similar to, but not the same as, the RTKL’s public access provisions regarding financial records of the court.  Citizens seeking access to the court’s financial records should file a Rule 509 request with the applicable court agency.

As always, this is not intended to be, nor should it be construed as, legal advice.  Please contact your newspaper’s attorney or the Legal Hotline with questions at (717) 703-3080.