CH IEF .JUSTICE

SUPREME COURT OF VIRGINIA

CLERK
DO U GLAS B . R OBE LEN

DONALD W . LEMONS

JUSTICES

EXECUTIVE SECRETARY
KARL R . HADE

S. BERNARD GOODWYN
WILLIAM C . MIMS

CHIEF STAFF ATTORNEY

E LIZA BETH A. MCCLANAHAN

K . LORRAINE LORD

CLEO E . POWELL

REPORTER OF DECISIONS

0 . ARTHUR KELSEY
STEPHEN R. MCCULLOUGH

KENT SINCLAIR

SENIOR JUS TICES

STATE LAW LIBRARIAN
GAIL WARREN

CHARLES S . RUSSELL
ELIZABETH B . LACY

LAWRENCE L. KOONTZ, .JR.
LEROY F" . MILLETTE , JR .

100 NORTH NINTH STREET
RICHMOND , VIRGINIA 23219- 2334
(804) 786-6455
WWW . COURTS.STATE .VA . US

Supreme Court of Virginia Press Release

Media Contact:

Kristi S. Wri ght, Director of Legislative and Public Relati ons, Office of
th e Executive Secretary, Supreme Court of Virginia, (804) 786-6455.

Release Date:

Apri l 18, 2019

THE SUPREME COURT OF VIRGINIA ADOPTS AND PROMULGATES
NEW RULES RELATED TO ACCESS TO JUDICIAL RECORDS
RICHMOND - Consistent with press releases issued on January 23, 2018, (announcing the
Supreme Court of Virginia's intention to adopt Rul es of Co urt regardin g access to j udi cial
reco rds), and on October 19, 2018, (seeking comm ent on the proposed Ru les of Court regarding
access to judic ial reco rd s), the Supreme Court of Virginia has entered an order adopting and
promulgating Part 11 of the Rules of th e Supreme Court of Virg inia "Access to Judi cial
Reco rd s," effectiv e June 17, 20 19. The order of the Court is attached.
About the Supreme Court of Virginia: T he Supreme Co urt of Virginia possesses both original
and appellate jurisdiction. The Court rev iews decisions of lower co urts, including the Court of
Appeals, from whi ch appeals have been allowed. Virginia does not allow an ap peal to the
Supreme Court as a matter of right except in cases invo lving the State Co rporati on Commission,
certain disciplinary actions again st an attorney, and rev iew of th e death pena lty. The Court's
original jurisd iction is limited to cases of habeas corpus, mandamus, prohibition, and actual
innocence . T he Supreme Court also has ori ginal jurisdiction in matters filed by the Judi cial
Inquiry and Review Com mi ssion relating to jud icial censure and retirement, and removal of
judges. The C hi ef Justice of the Supreme Court se rves as the administrat ive head of Virginia's
Judi cial System. The Chi ef Justice is charged with overseeing the efficie nt and effecti ve
operati on of the Judicial Branch.

 VIRGINIA:
(!iltj

at

J n tIie Supwm &uvd VVtginia fteld at tIie Supwm &uvd fiJuifding in tIie
9licIUrumd em g ~dalJ tIie 18t1i dalJ apm, 2019.

at

It is
effect

that

heretofore adopted

by this Court

are amended to become

and they

Add Part

at

nowm

9.

June 1

as follows:

PART
TO JUDICIAL RECORDS
Rule 11: 1. Scope.
Virginia

Public access to records of

including

by this Part Eleven. The purpose of this

Eleven is to provide

judicial

reasonable access to records

of judicial officers, is

At the same time, in

the administration

protect

(b)

law. In addition, this Part

§ 1-21

Code § 16.1-69.5. Such records are
Virginia,

to

of

record is created or maintained.

Rule 11:2. Definitions.
As used in

r"'f'Arrl

and administrative

Part

including the records maintained by the clerks

record, as

(c) The

is intended to provide
to public

to records ofjudicial

not apply to case

the

in accordance with this

court

direction to

Part

to

interests

Commonwealth, public access to some judicial
Part Eleven or other provisions

public with

courts not

record, as

to inspection as provided
prohibitions or

Eleven shall apply

the courts

of

in Virginia
Titles 16.1

applicable

of where

in what

17.1 of
or court

the

 (a)

record" means any document, information,

collected,

or

or maintained by the Virginia Judiciary
and not associated with any

the judicial
(b)

administration of
case.

means any document, information, data, or
by

collected,

of court in cormection with a

in a case management

created,

including the

or

system,

of
II

for purposes of these

by (i) the

of the Supreme Court
Code § 1-212, except for the clerks

defined
a court not

their employees; (iii)

as defined in Virginia Code § 16.1

clerks of those

and (iv) all other persons

courts

(d) "Judicial officer" means any justice, judge, or
of any court of record, as defined in
not

Va. Code § 16.1-69.5,

Code § ]6.1

justices appointed pursuant to

including active, retired and
Code § 1 12, and any court
appointed pursuant to Va.

§ 37.2-803, judges pro

under Va. Code § 17.1-109,

tempore

appointed pursuant

and Commissioners of Accounts

to

means access to the record is restricted to
duties, and persons

Virginia, the

Court of Virginia, the State

the Judicial Conference of Virginia for District

Committee on

court

as required

Executive Secretary of

all district courts, all circuit

the

pursuant to Va. Code § 64.2­

the court.

includes all judicial

.

any

or justice of any Virginia court.

judicial

other

as

Com1s, and all work groups, advisory

Appeals of
Judicial Conference of
Judicial Council, the
commissions and any
these Rules,

or subcommittees of any of

2


 "Virginia Judiciary" shall not include the clerks of the courts of record, as defined in Virginia
Code § 1-212, and clerks of the courts not of record, as defined in Virginia Code § 16.1-69.5.

Rule 11:3. Records of Judicial Officers.
(a) In order to protect the administration of justice, the deliberative process, and the privacy
and safety interests of judicial officers, court personnel, jurors, and the public, records ofjudicial
officers are not publicly accessible.
(b) Records ofjudicial officers include, but are not limited to (i) memoranda, notes, or drafts
prepared by or under the direction of any judicial officer that relate to the adjudication,
resolution, or disposition of any past, present,or future case, controversy, or legal issue; (ii) legal
research and analysis prepared or circulated by judicial officers or court persOlmel; (iii) written
communications or discussions relating to procedural, administrative, or legal issues that have or
may come before any judicial officer; (iv) infonnation entered into and maintained in an
electronic system used to create and issue judicial process; (v) subject to applicable state and
federal laws and policies, personnel information concerning identifiable individuals; (vi)
telephone numbers, telephone records and email addresses for justices and judges; (vii)
documents or information that would compromise the safety of judicial officers, court personnel,
jurors, or the public, or jeopardize the integrity of judicial facilities or any infonnation
technology or recordkeeping systems; (viii) communications among court personnel and judicial
officers, and communications among judicial officers; (ix) legal documents created or received
by magistrates that have not been filed with the appropriate clerk of court; and (x) records,
documents, information, data or other items that are sealed, confidential, privileged, or otherwise
protected by federal or state law, common law, court rule, or court order.

Rule 11 :4. Records of the Office of the Executive Secretary.
(a) Except as otherwise provided by law or by this Part Eleven, administrative records
maintained by the Office of the Executive Secretary of the Supreme Court of Virginia shall be
publicly accessible. Copies of administrative records may be requested as provided in Rule 11 :5,
and may include: 0) financial records, including but not limited to travel expense vouchers,
purchase orders, and records of payments to court-appointed attorneys, guardians ad litem, and
experts; (ii) statistical information derived from the aggregation of a subset of individual case

3


 records; (iii) policies other than those determined to be confidential pursuant to subsection (b)(ii)
of this Rule; and (iv) court forms. Such records are to be provided in a format approved by the
Executive Secretary.
(b) In order to protect the administration of justice, the deliberative process, and the privacy
and safety interests of judicial officers, court personnel, jurors, and the public, the following
administrative records maintained by the Office of the Executive Secretary shall not be publicly
accessible: (i) legal research, analysis and work product of any attorney, law clerk, or intern
working for any person or entity within the Virginia Judiciary; (ii) records or information
collected, notes, correspondence, memoranda, drafts, and work product generated in the process
of developing policies or providing guidance relating to the operation of the Virginia Judiciary,
and all policies determined to be confidential by the Executive Secretary in consultation with the
Chief Justice of the Supreme Court of Virginia; (i ii) preliminary and draft versions of reports,
documents, records, evaluations, investigations, and audits or compliance reviews, including
materials prepared by a consultant; (iv) written communications among court personnel,
including those maintained either in the Office of the Executive Secretary, or in chambers or
offices of judicial officers; (v) subject to applicable state and federal laws and policies, personnel
information concerning identifiable individuals; (vi) telephone numbers, telephone records or
email addresses for justices and judges; (vii) infrastructure records that expose vulnerability in
security of critical systems, including building security, personnel , recordkeeping, information
technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage,
and gas systems; (viii) training materials, test questions, scoring keys, examination data, and
other materials used for employment or certification purposes; (ix) test scores of a person if the
person is identified by name and has not consented to the release of his or her scores; (x)
information created or maintained by or on the behalf of the judicial performance evaluation
program related to an evaluation of any individual justice or judge made confidential by § 17.1­
100; (xi) records, documents, information, data, or other items that are sealed, confidential,
privileged, or otherwise protected from disclosure by federal or state law, common law, court
rule, or order.

4


 Rule 11:5. Procedure for Public Access to Records of the Office of the Executive Secretary.

(a) All requests for publicly accessible records maintained by the Office of the Executive
Secretary of the Supreme Court of Virginia shall be in writing and shall describe with reasonable
specificity the record(s) requested. All requests shall be addressed to: Office of the Executive
Secretary, Attn. Director of Legislative and Public Relations, 100 N. 9th Street, Riclunond, VA
23219. The Office of the Executive Secretary may require the requester to provide his or her
name and legal address. The Office of the Executive Secretary shall respond, pursuant to this
Rule, within five working days of receiving a written request.
(b) The Office of the Executi ve Secretary shall notify the requester if the requested records
cannot be found or do not exist. If the Office of the Executive Secretary does not have custody
or control of the record(s) requested, the requester shall be notified and furnished the name and
contact information of the person or entity having custody of the records, if known. The Office
of the Executive Secretary shall not be required to compile information or create a record if one
does not exist.
(c) The Office of the Executive Secretary may assess reasonable charges not to exceed its
actual costs incurred in accessing, duplicating, supplying, reviewing or searching for the
requested records. All charges for the supplying of requested records shall be estimated in
advance upon the request of the requester. Any charges shall be assessed at the hourly rate of the
person(s) engaged in any work necessary to respond to a request for records, even if no records
are found . If the Office of the Executive Secretary determines in advance that charges for
producing the requested records are likely to exceed $200, it may, before continuing to process
the request, require the requester to pay a deposit not to exceed the amount of the advance
determination. Such deposit shall be credited toward the final cost of supplying the requested
records. If the final charge exceeds the amount of the deposit, the difference shall be charged to
the requester, and if the final charge is less than the amount of the deposit, the difference shall be
refunded to the requester.
(d) A response denying, in whole or in part, production of the requested records, shall be in
writing and shall include a statement of the specific reason for withholding of the records.

5


 (e) If it is not practically possible to provide the requested records or to detennine whether
they are available within the five-working-day period, the response shall specify the conditions 

that make a response impossible. The Office of the Executive Secretary shall have an additional 

seven working days in which to provide a response. 


Rule 11:6. Access to Records of Other Entities of the Virginia Judiciary. 

(a) Except as otherwise provided by law or court order, records that have been submitted
to or approved by the Committee on District Courts, the Judicial Conference of Virginia for
District Courts, the Judicial Council, and the Judicial Conference of Virginia, shall be
publicly accessible, with the exception of records related to matters discussed in closed
sessIOns. AU other records of these judicial policy-making bodies shall be governed by Rule
11:6(b).
(b) Except as otherwise provided under these Rules, records of all work groups,
conferences, advisory committees, and commissions established or chaired by the Chief
Justice or the Executive Secretary shall not be publicly accessible absent a contrary
determination by the Chief Justice.
(c) The Chief Justice may authorize the public release of any final report or
recommendations submitted to the Supreme Court by any work group, conference, advisory
committee, commission, or judicial policy-making body described in subsections (a) and (b)
of this Rule 11 :6.

Rule 11:7. Reconsideration of Denial of Public Access to Records of the Office of the
Executive Secretary.
(a) A request for reconsideration of a decision denying public access to a record maintained
by the Office of the Executive Secretary of the Supreme Court of Virginia may be made to the
Executive Secretary of the Supreme Court of Virginia. Such request shall be made in the fonn of
a detailed letter, within 30 days from the date of the letter denying access. Failure to submit a
request for reconsideration on or before the 30-day deadline shall result in denial of the request
for reconsideration.

6


 (b) If the Executive Secretary sustains the decision denying public access, a request for
reconsideration may be made to the Chief Justice for three Justices of the Supreme Court of
Virginia to review the matter. The request shall be made in the form of a letter to the Clerk of
the Supreme Court of Virginia, within 10 days from the date of the Executive Secretary's letter
denying access. Failure to submit a request for reconsideration on or before the 10-day deadline
shall result in denial of the request for reconsideration.

Rule 11 :8. Reconsideration of Denial of Public Access to Records of Judicial Officers or
Other Entities of the Virginia Judiciary.
A request for reconsideration of a decision denying public access to a record of a judicial officer
or other entities of the Virginia judiciary may be made to the Chief Justice for three Justices of
the Supreme Court of Virginia to review the matter. Such request shall be made in the form of a
letter to the Clerk of the Supreme Court of Virginia, within 30 days from the date of the letter
denying access. Failure to submit a request for reconsideration on or before the 30-day deadline
shall result in denial of the request for reconsideration.

A Copy,
Teste:

Clerk

7