Modifies and establishes provisions relating to court operations

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3289
103RD GENERAL ASSEMBL Y
7148H.03C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 476.001, 476.015, 476.050, 476.055, 476.056, 476.1000, 476.1025,
478.003, 478.250, 483.082, 483.390, 509.520, 510.030, and 561.031, RSMo, and
section 483.140 as enacted by house bill no. 1231, ninety-seventh general assembly ,
second regular session, and section 483.140 as enacted by house bill nos. 1665 &
1335, ninety-seventh general assembly , second regular session, and to enact in lieu
thereof twelve new sections relating to court operations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 476.001, 476.015, 476.050, 476.055, 476.056, 476.1000,
2 476.1025, 478.003, 478.250, 483.082, 483.390, 509.520, 510.030, and 561.031, RSMo, and
3 section 483.140 as enacted by house bill no. 1231, ninety-seventh general assembly , second
4 regular session, and section 483.140 as enacted by house bill nos. 1665 & 1335, ninety-
5 seventh general assembly , second regular session, are repealed and twelve new sections
6 enacted in lieu thereof, to be known as sections 476.050, 476.055, 476.056, 476.1025,
7 478.003, 478.250, 483.005, 483.082, 483.140, 483.390, 509.520, and 510.030, to read as
8 follows:
476.050. All writs, process, proceedings and records in any court, and in all inferior
2 tribunals established by law , shall be in the English language, except that the proper and
3 known names of process and technical words may be expressed in the language heretofore
4 and now commonly used, and shall be made in a fair , legible character , in words at length,
5 and not abbreviated; but such abbreviations as are now commonly used in the English
6 language may be used, and numbers may be expressed by Arabic figures or Roman numerals,
7 in the customary way . Notwithstanding [ the foregoing ] any other pr ovision of law to the
8 contrary , such writs, processes, proceedings and records may be filed, submitted, stored , and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
9 maintained in an electronic format or otherwise in the manner provided by supreme court
10 rule.
476.055. 1. There is hereby established in the state treasury the "Statewide Court
2 Automation Fund". All moneys collected pursuant to section 488.027, as well as gifts,
3 contributions, devises, bequests, and grants received relating to statewide court automation
4 [ of judicial record keeping ], and moneys received by the [ judicial system ] judiciary for the
5 dissemination of information [ and ] , sales of publications , or other pr ovision of electr onic
6 services developed relating to statewide court automation [ of judicial record keeping ], as
7 authorized by the court automation committee, shall be credited to the fund. Moneys
8 credited to this fund may only be used for the purposes set forth in this section and as
9 appropriated by the general assembly . Any unexpended balance remaining in the statewide
10 court automation fund at the end of each biennium shall not be subject to the provisions of
11 section 33.080 requiring the transfer of such unexpended balance to general revenue.
12 2. The statewide court automation fund shall be administered by a court automation
13 committee consisting of the following[ : the chief justice of the supreme court, ] members:
14 (1) A judge from the court of appeals, four circuit judges, four associate circuit
15 judges, four employees of [ the circuit court, ] cir cuit courts, and two employees who work
16 full time in a municipal division of a circuit court, [ the commissioner of administration, ] each
17 of whom shall be appointed by the chief justice of the Missouri supr eme court;
18 (2) T wo members of the Missouri Bar , appointed by the governors of the
19 Missouri Bar;
20 (3) T wo members of the house of representatives appointed by the speaker of the
21 house, with one member being fr om the majority party and one member being fr om the
22 minority party;
23 (4) T wo members of the senate appointed by the president pro [ tem ] tempore of the
24 senate, with one member being fr om the majority party and one member being fr om the
25 minority party; and
26 (5) Four additional ex officio members as follows:
27 (a) The chief justice of the Missouri suprem e court, or the chief justice's
28 designee;
29 (b) The commissioner of administration, or the commissioner's designee;
30 (c) The executive director of the Missouri [Of fice of Prosecution Services,] office of
31 pr osecution services, or the executive dir ector's designee; and
32 (d) The director of the state public defender system, [ and two members of the
33 Missouri Bar . The judge members and employee members shall be appointed by the chief
34 justice. The commissioner of administration shall serve ex of ficio. The members of the
35 Missouri Bar shall be appointed by the board of governors of the Missouri Bar . Any member
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36 of the committee may designate another person to serve on the committee in place of the
37 committee member ] or the dir ector's designee .
38
39 The appointed members of the committee shall serve for terms of two years and until
40 their successors are appointed and qualified. The members of the committee shall be
41 r eimbursed fr om the statewide court automation fund for their actual expenses in
42 performing their official duties on the committee.
43 3. The committee shall develop and [ implement a plan for ] maintain a statewide
44 court automation system. The committee shall have the authority to hire consultants, review
45 systems in other jurisdictions , and purchase goods and services to administer the provisions of
46 this section. The committee may implement [ one or more ] pilot projects in the state [ for the
47 purposes of determining the feasibility of developing and implementing such plan. The
48 members of the committee shall be reimbursed from the court automation fund for their actual
49 expenses in performing their official duties on the committee ] at any time .
50 4. Any purchase of computer software or computer hardware that exceeds five
51 thousand dollars shall be made pursuant to the requirements of the of fice of administration for
52 lowest and best bid. Such bids shall be subject to acceptance by the of fice of administration.
53 The court automation committee shall determine the specifications for such bids.
54 5. The court automation committee shall not require any circuit court to change any
55 operating system in such court, unless the committee provides all [ necessary ] personnel,
56 funds , and equipment necessary to effectua te the required changes. No judicial circuit or
57 county may be reimbursed for any costs incurred pursuant to this subsection unless such
58 judicial circuit or county has the approval of the court automation committee prior to
59 incurring the specific cost.
60 6. [ Any ] The court automation system, including any pilot project, shall be
61 [ implemented, ] operated and maintained in accordance with strict standards for the security
62 and privacy of confidential judicial records , as pr ovided by supr eme court rule . Any
63 person who knowingly releases information from a confidential judicial record is guilty of a
64 class B misdemeanor . Any person who, knowing that a judicial record is confidential, uses
65 information from such confidential record for financial gain is guilty of a class E felony .
66 7. [ On the first day of February , May , August and November ] No later than the
67 fifteenth of January of each year , the court automation committee shall electr onically file a
68 report on the progress of the statewide court automation system with the chairs of the
69 following committees :
70 (1) The [ chair of the ] house budget committee , or its successor committee ;
71 (2) The [ chair of the ] senate appropriations committee , or its successor committee ;
72 (3) The [ chair of the ] house judiciary committee , or its successor committee ; and
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73 (4) The [ chair of the ] senate judiciary committee , or its successor committee .
74 [ 8. The court automation committee established pursuant to this section may continue
75 to function until completion of its duties prescribed by this section.]
476.056. [ 1. ] Any city , county , village , or other municipality may provide for the
2 automation of its municipal court [ pursuant to ] as part of the statewide court automation
3 system established under subsection 3 of section 476.055, in the manner provided in this
4 section. In order to make such provisions, such municipality must:
5 (1) Adopt an ordinance imposing the surcharge in the amount allowed, and payable in
6 the manner provided, by section [ 476.053 ] 488.027 , and sections 488.010 to 488.020;
7 (2) Enter into an agreement with the state courts administrator for automation of the
8 municipality's court. Such agreement may provide for continuation of the surcharge for a
9 minimum period of time, payable to the fund established by section 476.055[, or a special
10 fund established in the state treasury for such purpose upon expiration of section 476.055,] ;
11 for payment of a guaranteed minimum annual amount in the event that payment of such
12 surchar ges shall not of fset the cost of the automation of the municipality's court; and such
13 other terms as may be agreed on between the municipality and the state courts administrator .
14 [ 2. Notwithstanding the provisions of section 476.053, the payment of any surchar ge
15 provided by this section may continue for a period in excess of that allowed by section
16 476.053 for payment of surcharges in the circuit courts. The provisions of section 33.080
17 shall not apply to any special fund established pursuant to this section.]
476.1025. A parent, spouse, child, or personal representative of a person who was
2 convicted of a misdemeanor of fense may file a motion with the court in which the person was
3 convicted to have the record of such of fense made confidential in [ any automated case
4 management ] the statewide court automation system if such person has been deceased for
5 six months or more. Upon such motion accompanied by a copy of the death certificate of the
6 deceased person, the court shall make the case confidential. Prior to making the case
7 confidential, the court shall determine whether any person would be unfairly prejudiced by
8 making such record confidential in any automated case management system.
478.003. 1. In any judicial circuit of this state, a majority of the judges of the circuit
2 court may designate a judge to hear cases arising in the circuit subject to the provisions of
3 sections 478.001 to 478.009. In lieu thereof and subject to appropriations or other funds
4 available for such purpose, a majority of the judges of the circuit court may appoint a person
5 or persons to act as treatment court commissioners. Each commissioner shall be appointed
6 for a term of four years, but may be removed at any time by a majority of the judges of the
7 circuit court. The qualifications, compensation, and retirement benefits of the commissioner
8 shall be the same as that of an associate circuit judge. If the compensation of a commissioner
9 appointed pursuant to this section is provided from other than state funds, the source of such
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10 fund shall pay to and reimburse the state for the actual costs of the salary and benefits of the
11 commissioner . The commissioner shall have all the powers and duties of a circuit judge,
12 except that any order , judgment or decree of the commissioner shall be confirmed or rejected
13 by an associate circuit or circuit judge by order of record entered within the time the judge
14 could set aside such order , judgment or decree had the same been made by the judge. If so
15 confirmed, the order , judgment or decree shall have the same ef fect as if made by the judge on
16 the date of its confirmation.
17 2. The Missouri supreme court may assign a treatment court commissioner to serve in
18 the treatment court division of a circuit other than the circuit in which the commissioner is
19 appointed. The transfer shall only be ordered with the consent and approval of the presiding
20 judge of the circuit to which the commissioner is to be assigned.
21 3. A treatment court commissioner may serve as a commissioner in any treatment
22 court as designated by the treatment court coordinating commission, subject to local court
23 rules.
24 4. In each cir cuit having a tr eatment court division that has neither a tr eatment
25 court administrator nor a tr eatment court commissioner , the court shall employ a
26 tr eatment court administrator , subject to appr opriations or other funds available for
27 such purpose. If the compensation of an administrator employed pursuant to this
28 subsection is pr ovided fr om other than state funds, the source of such funds shall pay to
29 and reim burse the state for the actual costs of the salary and benefits of the
30 administrator .
478.250. 1. Until otherwise provided by court rule authorized by the constitution or
2 by court order authorized by law , cases shall continue to be filed in the same places and the
3 same filing, docketing and assignment of case procedures shall apply as were in ef fect on
4 January 1, 1979, with respect to the same categories of cases.
5 2. In those counties with centralized filing, if a case is within those categories of cases
6 enumerated in subdivisions (1) and (2) of subsection 1 of section 517.01 1, the plaintif f when
7 filing the case may designate at the time of filing that the case shall be heard and determined
8 under the civil practice and procedure applicable before circuit judges, and in such event the
9 case shall be heard and determined by a circuit judge unless an associate circuit judge shall be
10 assigned or transferred to hear and determine the case [ pursuant to ] under section 478.240 or
11 478.245 or Section 6 of Article V of the Constitution. If no such designation is made, the case
12 shall be heard and determined under chapter 517.
13 3. In the assignment of cases to associate circuit judges in circuit courts with more
14 than one resident associate circuit judge, insofar as is reasonably possible and consistent with
15 the proper administration of justice, assignments made either pursuant to local circuit court
16 rule or by the presiding judge:
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17 (1) Shall not effect an assignment of the cause from the courthouse where the case is
18 filed to another courthouse in the county for hearing without the consent of the parties shown
19 except for good cause shown; and
20 (2) Shall be made in such manner as will assure that when a litigant or counsel
21 simultaneously file a number of cases of a similar character to be heard before an associate
22 circuit judge, such cases will be assigned as a group to a single associate circuit judge or in
23 such other manner as will reasonably assure that they will be processed and heard without
24 setting or return date conflicts which would require counsel to appear on multiple occasions
25 or at conflicting times.
26 4. The provisions of subsection 3 of this section shall apply as to assignments made
27 where a centralized docketing procedure has been adopted by local court order under the
28 provisions of subsection 4 of section 478.245.
483.005. As used in this chapter and section 476.055, the following terms mean:
2 (1) "Case reco rd", all records in a case file rela ting to a specific case or
3 contr oversy , as defined in suprem e court rule;
4 (2) "Confidential information":
5 (a) The full date of birth of any party or minor child;
6 (b) The full Social Security number of any party or any minor child;
7 (c) The driver's license number , state identification number , taxpayer
8 identification number , and passport number of any party;
9 (d) The full financial institution account number , cred it or debit card number ,
10 personal identification number , or password used to secure any such accounts or cards,
11 of any party;
12 (e) The name and addr ess of any individual who is known to be a minor child
13 and, if applicable, any next friend of the minor child; or
14 (f) Any other information sealed, expunged, or closed under statute, suprem e
15 court rule, or order of a court of record ;
16 (3) "Confidential re cord" or "confidential judicial record ", as such term is
17 defined in Missouri supr eme court rules;
18 (4) "Minor child", a person under eighteen years of age, except for:
19 (a) An emancipated minor as defined in section 302.178;
20 (b) A juvenile who has been certified to stand trial as an adult for offenses under
21 section 21 1.071; or
22 (c) A juvenile fifteen and one-half years of age or older who is alleged to have
23 violated a state or municipal traffic ordinance or re gulation.
483.082. 1. Notwithstanding [ the provision of ] any other [ statute ] pr ovision of law
2 to the contrary , it shall be the duty of the clerks of all courts to keep such records of the courts
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3 and in such a manner as may be directed by rule of the supreme court so that they shall
4 accurately record all essential matters relating to the causes and matters within the jurisdiction
5 of the court which are and have been pending before the court, including pleadings, motions
6 and related documents, transactions, orders and judgments or decrees related thereto showing
7 the course and disposition of causes and matters, the taxing and collection of court costs, and
8 the setting of trial calendars or dockets of pending cases.
9 2. Recognizing that improved methods and systems of keeping records and data have
10 been and will continue to be developed from time to time and that all court clerks should be
11 empowered to utilize improved methods, systems , and techniques of keeping records of
12 essential matters, and notwithstanding [ the provisions of any other statute ] any other
13 pr ovision of law to the contrary , the methods, form , and systems of keeping all such files and
14 records shall be as directed and approved by rule of the supreme court.
15 3. Subject to the pro visions of the suprem e court rules and the supervisory
16 jurisdiction of the supr eme court, confidential information and confidential record s in a
17 case re cord shall be maintained so as to be inaccessible to the general public under
18 supr eme court rules governing access to records of the judicial branch of Missouri.
[ 483.140 . It shall be the special duty of every judge of a court of
2 record to examine into and superintend the manner in which the rolls and
3 records of the court are made up and kept; to prescribe orders that will procure
4 uniformity , regularity and accuracy in the transaction of the business of the
5 court; to require that the records and files be properly maintained and entries
6 be made at the proper times as required by law or supreme court rule, and that
7 the duties of the clerks be performed according to law and supreme court rule;
8 and if any clerk fail to comply with the law , the court shall proceed against him
9 as for a misdemeanor . The provisions of this section shall not be construed to
10 permit the adoption of any local court rule that grants a judge the discretion to
11 remove or direct the removal of any pleading, file, or communication from a
12 court file or record without the agreement of all parties. ]
483.140. It shall be the special duty of every judge of a court of record to examine
2 into and superintend the manner in which the rolls and records of the court are made up and
3 kept; to prescribe orders that will procure uniformity , regularity and accuracy in the
4 transaction of the business of the court; to require that the records and files be properly
5 maintained and entries be made at the proper times as required by law or supreme court rule,
6 and that the duties of the clerks be performed according to law and supreme court rule; and if
7 any clerk fail to comply with the law , the court shall proceed against [ him ] the clerk as for a
8 misdemeanor . The provisions of this section shall not be construed to permit the adoption of
9 any local court rule that grants a judge the discretion to remove or direct the removal of any
10 pleading, file, or communication from a court file or record without notification to the parties
11 and [ providing the parties ] an opportunity for the parties to respond.
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483.390. 1. In all civil actions any party interested therein may , upon payment of the
2 fees, have any or all of the following [ papers recorded ] documents filed in the of fice of the
3 clerk of the circuit court in the county in which such action is brought: Petitions, summons,
4 af fidavit for publication of notice to nonresident or unknown defendants, sherif f's, or other
5 of ficer's, return of service to summons, proof of publication of notices to nonresident or
6 unknown defendants, answers, motions, notices of sale of property involved and proof of its
7 publication, return of sale by any sheriff, commissioner , or other of ficer , in case of sale of real
8 estate, affidavi t of commissioner , notice to parties by commissioner in partition, and any other
9 [ paper ] document or pleading tending to show the service on the defendants for their
10 appearance in such case.
11 2. The clerk of the circuit court shall char ge the sum of ten cents per one hundred
12 words for the [ recording of papers ] filing of documents as provided in this section, which
13 sum shall be paid into the county treasury .
509.520. 1. Notwithstanding any other provision of law to the contrary , beginning
2 August 28, [ 2023 ] 2026 , pleadings, attachments, or exhibits filed with the court in any case,
3 as well as any judgments [ or orders ] issued by the court, [ or other records of the court ] shall
4 not include [ the following confidential and personal identifying information ]:
5 (1) The full Social Security number of any party or any child who is the subject of
6 an order of custody or support ; or
7 (2) The full credit card number[ , financial institution account number , personal
8 identification number , or password used to secure an account ] or other financial account
9 number of any party[;
10 (3) The full motor vehicle operator license number;
11 (4) V ictim information, including the name, address, and other contact information of
12 the victim;
13 (5) W itness information, including the name, address, and other contact information
14 of the witness;
15 (6) Any other full state identification number;
16 (7) The name, address, and date of birth of a minor and, if applicable, any next friend;
17 or
18 (8) The full date of birth of any party; however , the year of birth shall be made
19 available, except for a minor .
20 2. The information provided under subsection 1 of this section shall be provided in a
21 confidential information filing sheet contemporaneously filed with the court or entered by the
22 court, which shall not be subject to public inspection or availability .
23 3. Nothing in this section shall preclude an entity including, but not limited to, a
24 financial institution, insurer , insurance support or ganization, or consumer reporting agency
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25 that is otherwise permitted by law to access state court records from using a person's unique
26 identifying information to match such information contained in a court record to validate that
27 person's record.
28 4. The Missouri supreme court shall promulgate rules to administer this section].
29 [ 5. ] 2. Contemporaneously with the filing of every petition for dissolution of
30 marriage, legal separation, motion for modification, action to establish paternity , and petition
31 or motion for support or custody of a minor child, the filing party shall file a confidential case
32 filing sheet with the court which shall not be subject to public inspection and which provides:
33 (1) The name and address of the current employer and the Social Security number of
34 the petitioner or movant, if a person;
35 (2) If known to the petitioner or movant, the name and address of the current
36 employer and the Social Security number of the respondent; and
37 (3) The names, dates of birth, and Social Security numbers of any children subject to
38 the action.
39 [ 6. ] 3. Contemporaneously with the filing of every responsive pleading petition for
40 dissolution of marriage, legal separation, motion for modification, action to establish
41 paternity , and petition or motion for support or custody of a minor child, the responding party
42 shall file a confidential case filing sheet with the court which shall not be subject to public
43 inspection and which provides:
44 (1) The name and address of the current employer and the Social Security number of
45 the responding party , if a person;
46 (2) If known to the responding party , the name and address of the current employer
47 and the Social Security number of the petitioner or movant; and
48 (3) The names, dates of birth, and Social Security numbers of any children subject to
49 the action.
50 [ 7. ] 4. The full Social Security number of any party or child subject to an order of
51 custody or support shall be retained by the court on the confidential case filing sheet or other
52 confidential record maintained in conjunction with the administration of the case. The full
53 credit card number or other financial account number of any party may be retained by the
54 court on a confidential record if it is necessary to maintain the number in conjunction with the
55 administration of the case.
56 [ 8. ] 5. Any document described in subsection 1 of this section shall, in lieu of the full
57 number , include only the last four digits of any such number .
58 [ 9. ] 6. Except as provided in section 452.430, the clerk shall not be required to redact
59 any document described in subsection 1 of this section issued or filed before August 28, 2009,
60 prior to releasing the document to the public.
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61 [ 10. ] 7. For good cause shown, the court may release information contained on the
62 confidential case filing sheet; except that, any state agency acting under authority of chapter
63 454 shall have access to information contained herein without court order in carrying out their
64 of ficial duty .
510.030. 1. Upon motion of any party showing good cause therefor and upon notice
2 to all other parties, the court in which an action is pending may:
3 (1) Order any party to produce and permit the inspection and copying or
4 photographing, by or on behalf of the moving party , of any designated documents, papers,
5 books, accounts, letters, photographs, objects, or tangible things, not privileged, which
6 constitute or contain evidence material to any matter involved in the action and which are in
7 [ his ] the party's possession, custody , or control; or
8 (2) Order any party to permit entry upon designated land or other property in [ his ] the
9 party's possession or control for the purpose of inspecting, measuring, surveying, sampling,
10 or photographing the property or any designated relevant object or operation thereon. The
11 order shall specify the time, place, and manner of making the inspection and taking the copies
12 and photographs and may prescribe such terms and conditions as are just.
13 2. A party may obtain without the required showing a statement concerning the action
14 or its subject matter previously made by that party . For purposes of this subsection, a
15 statement previously made is a written statement signed or otherwise adopted or approved by
16 the person making it, or a stenographic, mechanical, electrical, audio, video, motion picture or
17 other recording, or a transcription thereof, of the party or of a statement made by the party and
18 contemporaneously recorded.
[ 476.001 . An efficien t, well operating and productive judiciary is
2 essential to the preservation of the people's liberty and prosperity . In order to
3 achieve this goal, the general assembly and the supreme court must constantly
4 be aware of the operations, needs, strengths and weaknesses of the judicial
5 system. It is the purpose of sections 476.001, 476.055, 476.330 to 476.380,
6 476.412, 476.681, and 477.405 to provide the general assembly and the
7 supreme court with the mechanisms to obtain on a continuing basis a
8 comprehensive analysis of judicial resources and an ef ficient and or ganized
9 method of identifying the problems and needs as they occur . It is the further
10 purpose of sections 476.001, 476.055, 476.330 to 476.380, 476.412, 476.681,
11 477.405, 478.073, and 478.320 to provide a system for the ef ficient allocation
12 of available personnel, facilities and resources to achieve a uniform and
13 ef fective operation of the judicial system. ]
[ 476.015 . House Bill 1634 of the 2nd regular session of the 79th
2 general assembly shall be known and may be cited as the "Court Reform and
3 Revision Act of 1978". ]
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[ 476.1000 . All courts that require mandatory electronic filing shall
2 accept, file, and docket a notice of entry of appearance filed by an attorney in a
3 criminal case if such filing does not exceed one page in length and was sent by
4 fax or regular mail. The provisions of this section shall expire on December
5 31, 2016. ]
[ 561.031 . 1. In the following proceedings, the provisions of section
2 544.250, 544.270, 544.275, 546.030, or of any other statute, or the provisions
3 of supreme court rules 21.10, 22.07, 24.01, 24.02, 27.01, 29.07, 31.02, 31.03,
4 36.01, 37.16, 37.47, 37.48, 37.50, 37.57, 37.58, 37.59, and 37.64 to the
5 contrary notwithstanding, when the physical appearance in person in court is
6 required of any person, such personal appearance may be made by means of
7 two-way audio-visual communication, including but not limited to closed
8 circuit television or computerized video conferencing; provided that such
9 audio-visual communication facilities provide two-way audio-visual
1 0 communication between the court and the person:
11 (1) First appearance before an associate circuit judge on a criminal
12 complaint;
13 (2) W aiver of preliminary hearing and preliminary hearing with
14 consent of the defendant;
15 (3) Arraignment on an information or indictment where a plea of not
16 guilty is entered;
17 (4) Arraignment on an information or indictment where a plea of
18 guilty is entered upon waiver of any right such person might have to be
19 physically present;
20 (5) Any pretrial or posttrial criminal proceeding not allowing the
21 cross-examination of witnesses;
22 (6) Sentencing after conviction at trial upon waiver of any right such
23 person might have to be physically present;
24 (7) Sentencing after entry of a plea of guilty;
25 (8) Any civil proceeding other than trial by jury;
26 (9) Any civil or criminal proceeding which is not required to be a
27 matter of record; and
28 (10) Any civil or criminal proceeding by the consent of the parties.
29 2. This section shall not prohibit other appearances via closed circuit
30 television upon waiver of any right such person held in custody or
31 confinement might have to be physically present.
32 3. Nothing contained in this section shall be construed as establishing
33 a right for any person held in custody to appear on television or as requiring
34 that any governmental entity or place of custody or confinement provide a
35 two-way audio-visual communication system. ]
✔
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