Judicial Website Content Overview

The demand from the media, research organizations, and other businesses for electronic access to court information and case records fuels the need for courts to make such information available through electronic means, such as the Internet. Today many state and federal courts are actively studying the issues of privacy and electronic access to public court records. Of primary concern to the courts and public is that Internet access to court records will allow greater numbers of people to more easily review potentially sensitive information contained in court records. Internet access threatens to eliminate the existing “practical obscurity” of paper court records, which currently provides some measure of privacy protection for court participants. Internet access will allow the public, from any remote location, to access court records and read court documents with little personal effort or accountability.[1] In addition, questions arise about the appropriateness of political messages and commercial advertising on court Websites.

Judicial Website Content Standards

	Option 1 – Limited Website Content	Option 2 – Comprehensive Website Content
Description	Provide only basic information on the court Website. Establish policies, procedures, guidelines, and responsibilities for creating and updating information on the Website.	Provide more comprehensive information on the court Website. Establish policies, procedures, guidelines, and responsibilities for creating and updating information on the Website. Include links to Texas Judicial Portal and other related sites.
Benefits	Minimal time and cost associated with creating and maintaining the Website.	Provides the public with full access to public information.
Disadvantages	Not all court public information is accessible via the Internet.	Additional time and costs are required to design, develop, and maintain the Website.

Limited Website Content

1.             To facilitate the process of publishing information on the Web, the court will establish specific policies, procedures, guidelines and responsibilities for creating and updating information on the Website. Website information will be organized to serve the requirements of its customers. Procedures will be established to ensure that the court Website maintains accurate and up-to-date information and that information protected by state and federal statute, including Rule 12 of the Texas Rules of Judicial Administration, is not disclosed. Also, political or commercial advertising shall not be included on the court Website.

2.             The design and coding shall follow correct Hyper Text Markup Language (HTML) format at all times, and ensure that the Websites are available to readers that do not have fast Internet connections, the latest browsers, or large-screen monitors. All court Web pages must avoid the use of frames, because they provide poor navigation for users and because sites with frames limit public access to information. Websites shall not be designed for a specific feature of a Web Browser or the latest version. Courts shall consider coding pages using HTML version 3.0 for general access and 4.0 for on-line access to services. Additional information and assistance in designing Websites is available in the Accessibility standards.

3.             At a minimum, court Websites will include:

·   Information on contacting the court, including address, key personnel, phone numbers, and business hours.

·   The Website privacy policy.

·   A Disclaimer statement to limit the court’s liability.  For example, “This information is compiled and made available as a public service by the court. However, the court makes no warranty as to the accuracy, reliability, or completeness of the information and is not responsible for any errors or omissions or for results obtained from the use of the information.  Distribution of the information does not constitute such a warranty. Use of the information is the sole responsibility of the user.”

·   A profile of the court officers that includes, among other information, the office address of each officer.

4.             If an e-mail address is provided, the Website shall indicate what transactions are available via e-mail.  If the e-mail address is routed to a third party Webmaster, then the site will state: “Correspondence with Webmaster does not constitute communications with the court. If you feel you must contact someone about a case, please refer all of your communications to the court clerk.”

5.             If the court contracts with a third party for Website development services, the contract must specify that all content, graphics, and programs created are the property of the court and will be provided to the court upon request or when the contract terminates.

6.             Information created by a government agency is largely considered to be in the public domain. Do not use any "found" graphics or outside information without proper permission. Correctly attribute all information on the Website. Copyright laws must be observed.

Comprehensive Website Content

In addition to the Limited Website content, the following will be included:

1.             Court Websites will include:

·   Links to court and legal information (including other court sites, legal search sites, decisions of appellate courts, etc.);

·   Court calendar information;

·   General information about the court and court processes and functions; and

·   Site search function.

2.             The court Website will include useful electronic links among the courts and the Texas Judicial Online Portal at the www.courts.state.tx.us Website.

[1] Public Access to Electronic Court Records and Competing Privacy Interests, NCSC Justice Web Collaboration, by Susan Larson