15-15A-12. Access to compiled information from court records.
(1) Compiled information is defined as information that is derived from the selection, aggregation or reformulation by the Supreme Court of some of the information from more than one individual court record.
(2)Any member of the public may request compiled information that consists solely of information that is publicly accessible and that is not already available in an existing report. The Supreme Court may compile and provide the information if it determines, in its discretion, that providing the information meets criteria established by the Court, that the resources are available to compile the information and that it is an appropriate use of public resources. The State Court Administrator's Office will make the initial determination as to whether to provide the compiled information.
(a)Compiled information that includes information to which public access has been restricted may be requested by any member of the public only for scholarly, journalistic, political, governmental, research, evaluation, or statistical purposes.
(b)The request shall a) identify what information is sought; b) describe the purpose for requesting the information and explain how the information will benefit the public interest or public education, and c) explain provisions for the secure protection of any information requested to which public access is restricted or prohibited.
(c)The Supreme Court may grant the request and compile the information if it determines that doing so meets criteria established by the Court, is consistent with the purposes of the access rules, that the resources are available to compile the information, and that it is an appropriate use of public resources.
(d)If the request is granted, the Supreme Court may require the requestor to sign a declaration that:
(i)The data will not be sold or otherwise distributed directly or indirectly, to third parties, except for journalistic purposes;
(ii)The information will not be used directly or indirectly to sell a product or service to an individual or the general public, except for journalistic purposes; and
(iii)There will be no copying or duplication of information or data provided other than for the stated scholarly, journalistic, political, governmental, research, evaluation, or statistical purpose.
The Supreme Court may make such additional orders as may be needed to protect information to which access has been restricted or prohibited.
Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SDCL ยง15-15A-9; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
Structure South Dakota Codified Laws
Chapter 15A - Unified Judicial System Court Records Rule
Section 15-15A-1 - Purpose of rule of access to court records.
Section 15-15A-2 - Who has access to court records under the rule.
Section 15-15A-3 - Definition of terms.
Section 15-15A-4 - Applicability of rule.
Section 15-15A-5 - General access rule.
Section 15-15A-6 - Court records that are only publicly available at a court facility.
Section 15-15A-7 - Court records excluded from public access.
Section 15-15A-10 - Procedure for requesting access to confidential financial documents.
Section 15-15A-11 - Requests for bulk distribution of court records.
Section 15-15A-12 - Access to compiled information from court records.
Section 15-15A-13 - Requests to prohibit public access to information in court records.
Section 15-15A-14 - When court records may be accessed.
Section 15-15A-15 - Fees for accessing court records.
Section 15-15A-16 - Access to certain court security information.