JUDICIAL PRIVACY ACT (476.1300 to 476.1313)

This act establishes the "Judicial Privacy Act", which provides restrictions on the use of a judicial officer's personal information.

Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial to that judicial officer's clerk of the court, for transmittal to the government agency, person, business, or association.

Additionally, after receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law, unless the government agency has received written consent from the judicial officer to make the information available to the public. If a government agency fails to comply with a written request, the judicial officer may bring an action for injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees to the judicial officer.

No person, business, or association shall publicly post or display on the internet content that includes a judicial officer's personal information, provided that the judicial officer has made a written request to the person, business, or association that it refrain from disclosing the personal information. Additionally, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.

A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by the person, business, or association and shall not make public through any medium the judicial officer's personal information to any other person, business, or association.

If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.

No government agency, person, business, or association shall have violated this act if the judicial officer fails to submit a written request calling for the protection of the officer's personal information. A written request shall be valid if the judicial officer sends a written request directly to a government agency, person, business, or association, or if the judicial officer complies with a Missouri Supreme Court rule for filing of a written request to the clerk of the Missouri Supreme Court or the clerk's designee to notify government agencies.

Each calendar quarter, the clerk of the Missouri Supreme Court shall provide a list of all state judicial officers who have submitted a request to the appropriate officer with ultimate supervisory authority for a government agency. The officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.

Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on the judicial officer's behalf, provided that the judicial officer gives written consent to the clerk and provided that the clerk agrees to furnish a copy of that consent with the written request.

A judicial officer's written request shall specify what personal information shall be maintained as private. If a judicial officer wishes to identify a secondary residence as a home address, the designation shall be made in the written request. A judicial officer shall disclose the identity of his or her immediate family and indicate that the personal information of the family shall be also be excluded to the extent that it could reasonably be expected to reveal the personal information of the judicial officer.

A judicial officer's written request is valid until the judicial officer provides a written consent to release the personal information. A judicial officer's written request expires on such judicial officer's death. Additionally, this act shall not apply to disclosures required by provisions of law regarding lobbyist activities and campaign finance.

Written requests transmitted to a recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after the date on which the recorder of deeds receives the written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply to the written request with a list of any document not found in the records maintained by that recorder. In order to shield subsequent eligible documents, the judicial officer shall present a copy of their written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer directing the recorder to terminate shielding. No recorder shall be liable for any damages under this provision, provided the recorder made a good faith effort to comply with such provisions and no recorder shall be liable for the release of any eligible document or any data from such documents that were released or accessed prior to the document being shielded.

These provisions are similar to HB 2037 (2022).

EXCLUSION OF PERSONAL INFORMATION OF MINORS IN COURT DOCUMENTS (SECTION 509.520)

This act also provides that beginning August 28, 2023, pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court, shall not include any personal information of a minor and, if applicable, any next friend. However, such information shall be provided in a confidential filing sheet, which shall not be subject to public inspection or availability.

This provision is identical to a provision in the perfected HCS/HB 90 (2023), in HCS/SS#2/SB 823 (2022) and in SCS/HCS/HB 2151 (2022) and is similar to SB 302 (2023), a provision in SB 872 (2022), and in HCS/SS#2/SB 761 (2022).

UNLAWFUL POSTING OF CERTAIN INFORMATION (SECTION 565.240)

Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a class D felony.

KATIE O'BRIEN