Confidential Case Files: Procedure for All Cases Filed Prior to July 20, 1998

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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PROVIDENCE, SC SUPERIOR COURT

ADMINISTRATIVE ORDER NO. 98-12

RE: =CONPFIDENTTAL CASE FILES: PROCEDURE FOR ALL CASES FILED PRIOR’ TO
JULY 20, 1998

Any case filed prior to July 20, 1998, containing a court record which concems the identify of a
victim of child molestation sexual assault shall be maintained as a confidential file in accordance
with R.LG.L. 11-37-8.5. The following procedure shall be followed with respect to such
Cases.

Any individual seeking information beyond that allowed in my memo to all clerks of counties
dated October 30, 1997, shall do so by motion to be heard by the Presiding Justice or a designee.
Notice of said motion shall be provided by the individual seeking such information to all counsel of
record in the case sought to be accessed.

The justice hearing the motion shall determine, depending on the extent of information
requested, whether a public file shall be compiled. After making a determination, the hearing justice
shall appoint an attomey or other qualified individual to select, copy, and/or redact the requested
information from the existing file and compile a public file.

A “public file’ contains documents with the name and identifying information of the child vicim
redacted. The public file shall not include in any form, redacted or otherwise, victim-specific documents
relating to the child victim that are otherwise confidential in accordance with statute or policy. such
excluded documents include, but are not limited to, school records, medical records, reports from the
Department of Children, Y outh and Families, reports or records of counselors, therapists, and social
workers, or other similar victim: specific documents which are jarivileged by law or custom. All other
documents, not victim:specific, shall be placed in the public file, in redacted form as necessary in
accordance with this order.

“Redaction” is defined as the obliteration of victiim-identifying information in the documents
placed in the public file. The name and address of the victim shall be redacted along with any
familial-identifying information such as the relationship, if any, between the child victim and the aocused.
A fictitious name may be substituted for the victiny s actual name.

The cost of jaroviding information on such cases shall be bome by the party making the request.

By order of:

Joseph F. Rodgers, Jr.
Presiding Justice
DATE: JUNE 29, 1998