Chapter 2.08
SUPERIOR COURT CLERK – ELECTRONIC DATA ACCESS SERVICES

Sections:

2.08.010    Applicability.

2.08.020    Authority.

2.08.030    Adoption of Rules and Regulations.

2.08.040    Definitions and Fees.

2.08.050    Subscriber Warranties.

2.08.060    Fee Adjustments.

2.08.010 Applicability.

This Title applies to any person seeking remote access to the Superior Court Clerk's Electronic Database and services provided therein. (Ord. 2004-68 § 1 (part), 2004)

2.08.020 Authority.

The Clerk of the Superior Court is hereby authorized to enter into contracts to provide services to litigants and those desiring electronic access via the internet and is further authorized to assess service fees in the amounts set forth below. (Ord. 2004-68 § 1 (part), 2004)

2.08.030 Adoption of Rules and Regulations.

The Clerk of the Superior Court shall adopt appropriate rules and regulations for contracts to be entered into for the provision of services and for the collection of fees. (Ord. 2004-68 § 1 (part), 2004)

2.08.040 Definitions and Fees.

The following definitions shall apply in determining the fees to be charged for services provided by the Clerk:

A.    "Attorney Unrestricted Subscriber" shall mean an attorney, law firm, its managing members, or authorized employees whose primary purpose is the provision of legal services. Attorneys who enter into unrestricted subscription agreements with the Clerk will be given access to non-confidential court records and services including, but not limited to, ability to electronically serve documents in accordance with GR 30, case management services, and access to all non-confidential court records. Fees for this service shall be $200.00 per annum or $25.00 per month of service.

B.    "Electronic Set-up Fee" shall mean that fee charged by the Clerk for providing personal identification numbers and other services needed to provide access to electronic files or to allow electronic filing. An attorney who wishes to have non-attorney staff members authorized to conduct business on their behalf shall incur a set-up fee per set-up of $10.00 for each additional non-attorney staff member provided access. Government subscriber set up fees shall be $25.00 per user.

C.    "Government Subscriber" shall mean any Federal, State, or local governmental entity or non-profit legal services, legal aid, or pro bono agency which registers as such with the Clerk. Government subscribers shall have unrestricted access as allowed by law, provided that subscriber agrees to allow reciprocal privileges to Pierce County to computerized databases upon request, where such access does not violate any State, Federal, local law or court rule. There shall be no fees, other than set-up fees, associated with government subscriptions.

D.    "Litigant Case Subscriber" shall mean those individuals who have entered into the agreement for purposes of a specific case. Litigant Case subscriptions are restricted to either a party to the case or a member in good standing of the Washington State Bar Association who is an attorney of record for a party in the case. Litigant Case Subscribers shall be given electronic access, electronic filing, and electronic service only for the case identified. Fees for Litigant Case Subscribers shall be $25.00 per case unless otherwise ordered by the court. Without otherwise limiting the court's discretion, the provisions of GR 30.6(b) shall apply with respect to waiver of litigant case subscriber and set up fees.

E.    "Non-Attorney Case Subscriber" shall mean those individuals or entities who desire access to a single case to which they are not a party or attorney of record. Fees for services provided to non-attorney case subscribers shall be $250.00 per case.

F.    "Non Attorney Unrestricted Subscriber" shall mean those individuals or entities who desire unrestricted electronic access to non-confidential court records but who are not regularly engaged in the provision of legal services nor providing governmental services. Fees for services provided to non-attorney, unrestricted subscribers shall be $200.00 per year for each user.

G.    "Non-Attorney Unrestricted Subscriber and Reseller" shall mean a "Non-Attorney Unrestricted Subscriber" who is in the business of reselling records obtained by virtue of the subscription hereunder. Any "Non-Attorney Unrestricted Subscriber and Reseller" shall pay, in addition to any subscription fee set forth herein, a fee of $.10/page for viewing any court record (document) retrieved from the system. The Superior Court Clerk shall establish a system by which copies are accounted for, and payment received in advance by the Clerk, with deductions against the payments made to the Clerk. Prohibitions against reselling data as provided for in PCC 2.08.050 shall not apply to any "Non-Attorney Unrestricted Subscriber and Reseller" as described herein. The Superior Court clerk will be responsible for setting up a system to track pages viewed. Fees for the viewing of documents will be paid in advance following a procedure established by the Superior Court Clerk.

H.    Subscriber warranties and restrictions:

1.    Copying and storing the Clerk's electronic files and/or data, for the purpose of providing access to third parties or other non-subscribers is strictly prohibited. Bypassing the Clerk's system to track pages viewed is strictly prohibited.

2.    The following terms all are construed as having the same meaning hereunder, "Clerk's electronic files and/or data," "Clerk's electronic files," "court records and services," "court records," "court documents," "documents" and "data" in that they all refer to the records and files kept and maintained by the Superior Court Clerk as required by law.

3.    The Superior Court Clerk shall have the right to revoke a subscription if the Clerk discovers any violation of either this Chapter or agreement entered into by authority of this Chapter.

(Ord. 2012-20s § 1, 2012; Ord. 2008-34 § 1 (part), 2008; Ord. 2005-85 § 1 (part), 2005; Ord. 2004-68 § 1 (part), 2004)

2.08.050 Subscriber Warranties.

Subscribers warrant that subscriber, and its agent(s) and principal(s) are not engaged in the business of reselling data. Subscriber is authorized to download, store, publish, transfer or transmit, or resell the data obtained from access to the site only as specifically provided herein. However, this restriction shall not prohibit subscriber from using the data obtained from the site in providing legal services or in its commercial product so long as that product is not the delivery of electronic data to third parties. This Section shall not apply to those who are "Non-Attorney Unrestricted Subscriber and Resellers" as provided within this Section. (Ord. 2008-34 § 1 (part), 2008; Ord. 2005-85 § 1 (part), 2005; Ord. 2004-68 § 1 (part), 2004)

2.08.060 Fee Adjustments.

The above fees may be adjusted annually by the Clerk of the Superior Court to reflect increases in the local area consumer price index. (Ord. 2004-68 § 1 (part), 2004)