[Private] Provisional AGORA Act Rule

Zyvetskistaahn

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Zyvetskistaahn
Discord
Zyvet#9958
As indicated on Discord (see below), I think that we should probably adopt a temporary rule to make clear the position of the AG's and Prosecutors' records. It seems to me that there might be different considerations for the differing types of records we will come to hold and that it may call for different regimes. Consequently, I think that that point should be made clear in the Rules and that, rather than simply taking an ad hoc approach to disclosure, there should be some thought given to it, with the records not being disclosable in the meantime. To that end, I would propose a rule amendment to Chapter 5, Section 1 of the Court Rules, to add:

6. Records formerly owned by the Attorney General or by a Prosecutor will not be considered to be private Court records and will not be released.

Naturally, we still await the decision of the Delegate as to whether the AGORA Act will be approved, but, given that the Delegate has expressed support for it in the Assembly and did vote for it, it seems unlikely that approval will be withheld.

Zyvet Today at 6:50 PM
So, it seems likely that we will soon become the custodians of the AG's Office's records, as well as the records of prosecutors in future. I think that, at the moment, I would be minded to say that these do not come within the Court's declassification scheme and, arguably, should have some different considerations in deciding whether or not they should be released. In any event, it would obviously be difficult to declassify them all in a timely fashion.

What I would suggest is that, for time being, a minor rule amendment is made to the declassification provisions to the effect of: "Records formerly owned by the Attorney General or by a Prosecutor will not be considered to be private Court records and will not be released." Consideration can then be given, whether by us or the next Court, to what regime for release should be established.
Lady Justice Today at 8:17 PM
Sounds fine
(NB: Lady Justice is Lady Raven Wing; "Today" is 23 February 2020)
 
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