Section 476.1310

Title XXXII COURTS

Chapter 476

Effective - 28 Aug 2023, highlighted 1    

  476.1310.  Written requests for the protection of judicial officer's personal information, requirements — list of requests, maintained and distributed — inapplicability, when. — 1.  No government agency, person, business, or association shall be found to have violated any provision of sections 476.1300 to 476.1310 if the judicial officer fails to submit a written request calling for the protection of the judicial officer's personal information.

  2.  A written request shall be valid if:

  (1)  The judicial officer sends a written request directly to a government agency, person, business, or association; or

  (2)  The judicial officer complies with a Missouri supreme court rule for a state judicial officer to file the written request with the clerk of the Missouri supreme court or the clerk's designee to notify government agencies and such notice is properly delivered by mail or electronic format.

  3.  In each quarter of a calendar year, the clerk of the Missouri supreme court or the clerk's designee shall provide a list of all state judicial officers who have submitted a written request under this section to the appropriate officer with ultimate supervisory authority for a government agency.  The officer shall promptly provide a copy of the list to all government agencies under his or her supervision.  Receipt of the written request list compiled by the clerk of the Missouri supreme court or the clerk's designee by a government agency shall constitute a written request to that government agency for the purposes of sections 476.1300 to 476.1310.

  4.  The chief clerk or circuit 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 when a written request is made.  The chief clerk or circuit clerk shall submit the written request as provided by subsection 2 of this section.

  5.  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 those members of the immediate family shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the judicial officer.  A judicial officer shall make reasonable efforts to identify specific publicly available content in the possession of a government agency.

  6.  A judicial officer's written request is valid until the judicial officer provides the government agency, person, business, or association with written consent to release the personal information.  A judicial officer's written request expires on such judicial officer's death.

  7.  The provisions of sections 476.1300 to 476.1310 shall not apply to any disclosure of personal information of a judicial officer or a member of a judicial officer's immediate family as required by Article VIII, Section 23 of the Missouri Constitution, sections 105.470 to 105.482, section 105.498, and chapter 130.

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(L. 2023 S.B. 103)