From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: My local District Justice refuses access to criminal complaints that have been filed. He also refuses to give me copies of records. Is he allowed to do this?

A: No. The Pennsylvania courts have made it clear that court records are presumed to be open for public inspection and copying. Before sealing a judicial record, the court must provide interested members of the public with an opportunity to be heard, and must make clear and specific findings that would justify closure. Closure is only appropriate when it is necessary to protect some higher interest. Any closure should be narrowly tailored to serve that interest. 

The District Justices’ public access policy can be found at: http://www.courts.state.pa.us/index/PublicAccess/indexpubaccess.htm

Among other things, that policy states as follows: 

Statement of General Policy: It is the policy of the Administrative Office of Pennsylvania Courts (AOPC) that index, docket and case file information for all matters originating in a District Justice office are public records and shall be available for inspection and photocopying upon request in a reasonable manner. Confidentiality of records, however, is appropriate in certain limited circumstances, consistent with personal privacy and security as provided by law (e.g., identity of child victims of sexual or physical abuse, 42 Pa.C.S.A. 5988(a)).

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