Minnesota courts limit public access to records, proceedings

Public access to court records and proceedings were limited Friday when Minnesota's chief judge issued a sweeping order altering court functions in an attempt to stop the spread of the coronavirus.

Minnesota State Supreme Court Chief Justice Lorie Gildea ordered that courtrooms remain open, but with several restrictions subject to local counties' discretion. She also ordered the closure of computer terminals where the public can access court records such as criminal charges, civil suits and search warrant affidavits.

The changes go into effect Monday, March 23 through further notice of the court. Many of Gildea's other changes expire on April 22.

"We are committed to protecting the safety of all who must enter into a courthouse during this unprecedented time," Gildea said in a written statement. "The Minnesota judicial branch is where people access justice and defend their constitutional rights. The balancing of public health and access to justice during this time is testing our systems and procedures. The steps we announce today will help us maintain that delicate balance."

Access to courtrooms will be limited to the civilians involved, attorneys, court staff and "other individuals the presiding judge determines are necessary to conduct the hearing," Gildea wrote in her order.

The media can request access to court hearings 24 hours in advance, she wrote.

"Representatives of the media are permitted to attend hearings in courtrooms but otherwise do not have access to judicial branch facilities and services, including public access terminals," the order said.

A list of civil and criminal filings can be viewed remotely and court staff have agreed to supply documents, which cannot be viewed remotely, upon request. However, daily search warrant affidavit filings can only be viewed on courthouse terminals and not remotely.

"Until access to the courthouses is restored, there will be limited self-service access to filed court documents, and the court will continue to provide records as technology and resources allow," said Kyle Christopherson, a spokesman with the State Court Administrator's Office. "At this time, the Court Information Office will only be able to search for and provide specific search warrants."

Christopherson said the media can request search warrants by providing his office with information about the person or place that was possibly searched along with the county involved.

"If a search of the search warrant file returns relevant results," he said, "the documents will be sent by e-mail to the requesting media."

No measures were in place to allow the public to independently view search warrant filings.

On Friday, Hennepin County Chief Judge Ivy Bernhardson issued a separate order governing public access to courtrooms in Hennepin County.

According to Bernhardson's order: No more than 10 spectators can gather in a courtroom gallery, the Hennepin County Sheriff's Office can control the number of spectators and media planning to attend a hearing must notify the court's spokesman in advance.

People allowed to enter courtrooms include defendants and their immediate families, case workers and probation officers; alleged victims and victim advocates; court staff; attorneys and members of the media, the judge wrote.

Bernhardson's order is in effect through April 17.

Staff writer Libor Jany contributed to this report.