2298 Amendment of Rule of Judicial Administration no. 509 governing access to financial records; no. 390 judicial administration doc.

Title 201—RULES OF JUDICIAL ADMINISTRATION

[ 201 PA. CODE CH. 5 ]

Amendment of Rule of Judicial Administration No. 509 Governing Access to Financial Records; No. 390 Judicial Administration Doc.

[42 Pa.B. 7246]
[Saturday, December 1, 2012]

Order

Per Curiam:

 And Now, this 8th day of November, 2012, pursuant to this Court's authority under Article V, Section 10 of the Pennsylvania Constitution, Pennsylvania Rule of Judicial Administration No. 509 is amended to read as follows. The amendments to Pa.R.J.A. No. 509 are promulgated in order to further facilitate public access to financial records of the Unified Judicial System. Access to financial records and publication of financial record information of the Unified Judicial System shall be provided in accordance with Pa.R.J.A. No. 509.

 Whereas prior distribution and publication of this rule would otherwise be required, it has been determined that immediate promulgation is required in the interest of justice and efficient administration. Pa.R.J.A. No. 103(a)(3).

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective on December 17, 2012.

Annex A

TITLE 201. RULES OF JUDICIAL ADMINISTRATION

CHAPTER 5. ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS

Rule 509. Access to Financial Records.

*  *  *  *  *

 (e) Publication of [Contract] Financial Record Information.

 (1) The Administrative Office shall make contract information available on the Unified Judicial System's [web site] 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.

 Official 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.

 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.

 [(2) Prior to granting a request for access in accordance with this rule, the Administrative Office may require a requester to prepay an estimate of the fees associated with the request, if the fees are expected to exceed $100.]

 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.

[Pa.B. Doc. No. 12-2298. Filed for public inspection November 30, 2012, 9:00 a.m.]