Rule 12.9 - Relief from Denial of Access to Judicial Records(a)Appeal. A person who is denied access to a judicial record may appeal the denial by filing a petition for review with the Administrative Director of the Office of Court Administration.(b)Contents of Petition for Review. The petition for review: (1) must include a copy of the request to the record custodian and the records custodian's notice of denial;(2) may include any supporting facts, arguments, and authorities that the petitioner believes to be relevant; and(3) may contain a request for expedited review, the grounds for which must be stated.(c)Time for Filing. The petition must be filed not later than 30 days after the date that the petitioner receives notice of a denial of access to the judicial record.(d)Notification of Records Custodian and Presiding Judges. Upon receipt of the petition for review, the Administrative Director must promptly notify the records custodian who denied access to the judicial record and the presiding judge of each administrative judicial region of the filing of the petition.(e)Response. A records custodian who denies access to a judicial record and against whom relief is sought under this section may--within 14 days of receipt of notice from the Administrative Director--submit a written response to the petition for review and include supporting facts and authorities in the response. The records custodian must mail a copy of the response to the petitioner. The records custodian may also submit for in camera inspection any record, or a sample of records, to which access has been denied.(f)Formation of Special Committee. Upon receiving notice under Rule 12.9(d), the presiding judges must refer the petition to a special committee of not less than five of the presiding judges for review. The presiding judges must notify the Administrative Director, the petitioner, and the records custodian of the names of the judges selected to serve on the committee.(g)Procedure for Review. The special committee must review the petition and the records custodian's response and determine whether the requested judicial record should be made available under this rule to the petitioner. The special committee may request the records custodian to submit for in camera inspection a record, or a sample of records, to which access has been denied. The records custodian may respond to the request in whole or in part but it not required to do so.(h)Considerations. When determining whether the requested judicial record should be made available under this rule to petition, the special committee must consider:(1) the text and policy of this Rule;(2) any supporting and controverting facts, arguments, and authorities in the petition and the response; and(3) prior applications of this Rule by other special committees or by courts.(i)Expedited Review. On request of the petitioner, and for good cause shown, the special committee may schedule an expedited review of the petition.(j)Decision. The special committee's determination must be supported by a written decision that must:(1) issue within 60 days of the date that the Administrative Director received the petition for review;(2) either grant the petition in whole or in part or sustain the denial of access to the requested judicial record;(3) state the reasons for the decision, including appropriate citations to this rule; and(4) identify the record or portions of the record to which access is ordered or denied, but only if the description does not disclose confidential information.(k)Notice of Decision. The special committee must send the decision to the Administrative Director. On receipt of the decision from the special committee, the Administrative Director must:(1) immediately notify the petitioner and the records custodian of the decision and include a copy of the decision with the notice; and(2) maintain a copy of the special committee's decision in the Administrative Director's office for public inspection.(l)Publication of Decisions. The Administrative Director must publish periodically to the judiciary and the general public the special committees' decisions.(m)Final Decision. A decision of a special committee under this rule is not appealable but is subject to review by mandamus.(n)Appeal to Special Committee Not Exclusive Remedy. The right of review provided under this subdivision is not exclusive and does not preclude relief by mandamus.