Idaho's Court Records Rule: I.C.A.R. 32

Idaho's court records rule is short enough to read in one sitting and specific enough to quote. People who read it get records. People who rely on summaries argue with clerks about rules that do not say what they think. This lesson walks through the rule in the order it is written, with the exemption list as a table, then turns to the request process and the related rules on redaction and presentence reports. Quotations are from the current text on the Supreme Court's site as of October 2026.

Where the rule comes from

Rule 32 is a court rule, adopted by the Idaho Supreme Court under its constitutional power to supervise Idaho's unified court system. The current rule was adopted April 27, 2007, effective July 1, 2007, replacing an older version, and it has been amended many times since, more than a dozen times from March 2023 alone. The most recent amendment listed is dated February 5, 2026, effective the same day. The amendment history at the bottom of the rule lists every date. When you cite the rule in a request, cite it as it reads on the day you write, and check the history if a clerk quotes a version you cannot find.

Its relationship to the Public Records Act

Idaho's Public Records Act, Idaho Code Title 74, chapter 1, does reach the courts. Section 74-101(16) defines "state agency" as every state officer, department, division, bureau, commission and board, "including those in the legislative or judicial branch." But the Act steps aside for court files. Section 74-104(1)(b) exempts "records contained in court files of judicial proceedings, the disclosure of which is prohibited by or under rules adopted by the Idaho supreme court, but only to the extent that confidentiality is provided under such rules," along with drafts and working memoranda related to judicial decision-making.

Rule 32(a) picks up from there. It says it "is adopted pursuant to the Supreme Court's authority to control access to court records, as recognized in the Idaho Public Records Act, I.C. § 74-104," and that "in the event of any conflict this rule shall prevail over any other rule on the issue of access to judicial records." The Supreme Court's records FAQ calls Rule 32 "distinct from the Idaho Public Records Act." In practice:

• For court records, cite Rule 32. It sets the custodian, the deadlines, the exemptions and the appeal path.
• Rule 32 borrows pieces of the Act: the definition of "writing" in 74-101, the contact information a custodian may ask for under 74-102, copy cost rules under 74-102 for non-clerk records, and the court enforcement procedure in 74-115.
• For records that a police agency, jail, prosecutor or county office keeps outside a court file, the Public Records Act applies directly. The public records module's lesson on sheriffs, police and courts covers those.

32(a): the policy statement

The rule begins with a declaration that sets the presumption: "The public has a right to access the judicial department's declarations of law and public policy, and to access the records of all proceedings open to the public." It then says the rule provides access in a manner that serves eleven goals: promoting accessibility to court records, supporting the role of the judiciary, promoting governmental accountability, contributing to public safety, minimizing the risk of injury to individuals, protecting individual privacy, protecting proprietary business information, minimizing reluctance to use the courts, making the most effective use of court staff, providing excellent customer service, and avoiding undue burden on the judiciary. Quote the first sentence in any request. When a request is denied, ask which of these interests the custodian relied on.

32(b): definitions that matter

• Court record (b)(4) has three parts: anything filed, docketed or lodged in a judicial proceeding; the court's indexes, calendars, dockets, registers, minutes, orders, decrees, judgments and case management system information, "including existing case management system reports"; and any writing about public business that the judicial branch, the Idaho State Bar, the Bar Commission or the District Magistrates Commissions prepare, own, use or keep. Lesson 01 explains the difference between the case file and administrative records.
• Electronic form (b)(6) includes text documents, images, database fields and "an audio or visual recording, analog or digital, of an event." Hearing recordings are court records.
• Remote access (b)(7) means searching and copying court information over the internet.
• Bulk distribution (b)(8) means distributing all or a significant part of the court's electronic data "as is."
• Compiled data information (b)(10) means information the court derives by selecting, aggregating or reformulating data from more than one record.
• Redaction (b)(11) means omitting or obscuring personal data identifiers in the manner set by Idaho Rule of Electronic Filing and Service 15, Idaho Rule of Civil Procedure 2.6 and Idaho Rule of Family Law Procedure 218.

32(c): who sees records the public cannot

Rule 32(c) lists people who may see otherwise exempt records in specific situations. It does not create public access; it explains why some people see more than you do:

• Federal, state and local officials or their agents performing official duties, if the custodian judge approves (requests for many records or records from more than one county need the Chief Justice's approval). This is the basis for extended access in the iCourt Portal.
• Parties and their attorneys, for the file in their own case, unless a court restricts it. Parties may not see certain sensitive records another party filed, such as warrant affidavits or in camera filings, without a court order. Parties "may authorize release of their own court filings directly to a third party."
• The custodian, for statistics that do not describe identifiable people.
• Court employees for their own personnel files, and court staff who need records for their jobs.
• Guardians ad litem and court visitors, for the case information sheet in guardianship and conservatorship cases.

One line in 32(c)(2) is useful for researchers: a party can authorize release of their own filings. When a person in a case wants a story told accurately, a signed authorization can open documents that would otherwise need a motion.

32(d): what is open

"Except as provided in paragraphs (g), (i), and (j)," the following are subject to examination, inspection and copying:

1. Litigant and party indexes.
2. Listings of new case filings, including party names.
3. The chronological case summary of events.
4. Calendars or dockets, including case numbers and captions, hearing dates, times and locations.
5. Minutes, orders, opinions, findings of fact, conclusions of law, judgments and clerk's notices.
6. Transcripts and recordings of all trials and hearings open to the public.
7. Pleadings, motions, affidavits, responses, memoranda, briefs and other documents filed or lodged.
8. Administrative and other records of the clerk, judges and court staff "unless exempt from disclosure by statute, case law, or court rule."
9. Evidence: records offered or admitted, or that a court considered or relied on in deciding a motion.

Item 9 carries a timing rule. Before the trial court's final disposition, the public may see an exhibit only with the custodian judge's permission, on the judge's conditions and under the clerk's supervision. After disposition the judge may still set reasonable conditions. The public never gets contraband or hazardous items, such as drugs, weapons, child pornography, toxic substances or bodily fluids, without the judge's permission. Rule 32(d) also lets the Supreme Court decide whether these records are available on terminals at court facilities or online, "subject to the limitations of the case management system," which is why the public portal shows the register but not documents.

32(e) and (f): bulk and compiled data

"Bulk distribution of electronic court data is not allowed." The Supreme Court may make exceptions "for scholarly, journalistic, political, governmental, research, evaluation, or statistical purposes where the identification of specific individuals is ancillary to the request." A data broker that wants a nightly copy of every case is the kind of request the ban targets. A university study of sentencing patterns is the kind the exception allows.

Compiled information is different. Anyone may request copies of existing compiled information that contains only non-exempt data. The Supreme Court may also compile new information if it decides the resources exist and the work is "an appropriate use of public resources." A request for compiled information that includes restricted data must identify what is sought, explain how it benefits the public interest or public education, and explain how restricted information will be protected. The Supreme Court must respond within ten working days. The records page adds a practical point: asking for copies of individual records from several cases is not a compiled data request; send it to the clerk for each case.

32(g): records exempt from disclosure

Rule 32(g) lists the categories closed by rule. "Any willful or intentional disclosure or accessing of a sealed, shielded, or exempt court record, not otherwise authorized under this rule, may be treated as a contempt of court." The table groups the 32 numbered paragraphs.

Paragraph	Exempt record	Notes and exceptions
(g)(1)	Records restricted by other state or federal law	Any statute or federal law that makes a record confidential
(g)(2)	Pretrial risk assessments and presentence investigation reports	Except as Idaho Criminal Rule 32 allows (below)
(g)(3)	Affidavits, sworn testimony and records supporting a search or arrest warrant	Only "pending the return of the warrant"; opens after return unless sealed
(g)(4), (g)(5)	Unreturned search warrants; unreturned arrest warrants and criminal summonses	Bench warrants (failure to appear, probation violation) are not exempt; police may disclose arrest warrants at their discretion
(g)(6)	Wiretap applications, orders, recordings and reports under Idaho Code 18-6708	Unless the custodian judge orders otherwise
(g)(7)	Grand jury proceedings and the identity of grand jurors	Except as criminal rules or statutes provide
(g)(8)	Names of trial jurors on a panel, juror qualification forms and questionnaires	Unless the presiding judge orders release
(g)(9)	Juvenile court records: all Child Protective Act records; Juvenile Corrections Act records under detailed rules	See the juvenile section below
(g)(10)	Mental health and other hospitalization proceedings under listed statutes	Disclosable with the person's consent; family access at the court's discretion
(g)(11)	A uniform citation	"The citation only, not the case type"
(g)(12)	Adoption and termination of parental rights records	Non-identifying medical information may be released
(g)(13), (g)(14)	Judicial consent proceedings for a minor's abortion; judicial authorization of sterilization	All records
(g)(15)	Documents filed or lodged in camera	Material submitted for the judge's private review
(g)(16)	Protection order petitions and related records	"Except orders of the court," which are open
(g)(17)	Court-gathered records on counseling and treatment needs, disposition screening, custody recommendations, psychological evaluations, conservator and guardian accountings, and case information and victim restitution sheets	Unless admitted in evidence; accountings available to interested parties
(g)(18)	Reference lists of personal data identifiers and unredacted copies filed under privacy rules	Shared with government agencies as law allows
(g)(19)	Guardianship and conservatorship filings and protective arrangements	Open: the register of actions, letters of guardianship or conservatorship, bond orders and bonds, and final orders
(g)(20)	Records in child custody, child support and paternity cases filed or modified on or after July 1, 2012	Open: the register of actions and a redacted copy of any order, decree or judgment on request; other records on a court form request, after review
(g)(21)	Judicial work product and drafts, including notes and emails of judges and law clerks	Matches 74-104's exemption for decision-making drafts
(g)(22)	Court personnel records	Open: job history, classification, pay grade and step, gross salary and history, status, workplace, agency, and adverse actions with their investigation records (except private letters of reprimand)
(g)(23)	Applications and testing for court-maintained rosters
(g)(24), (g)(30)	Confidential software records; cybersecurity records	Spending on security systems remains open
(g)(25)	State Law Library patron records
(g)(26), (g)(27)	Attorney discipline allegations and records; bar admission applications	Except where Bar Commission Rules waive confidentiality
(g)(28)	Judicial Council and District Magistrates Commission records on judicial appointment, performance and discipline	Applicants' identities are open; a disciplinary proceeding filed in the Supreme Court becomes public on filing
(g)(29)	Pending Guardian Ad Litem grant applications	Open after the grants are awarded
(g)(31)	Security records outside case files, such as evacuation plans, blueprints and security staff schedules	Public expenditure records stay open
(g)(32)	Rough or preliminary transcripts produced by automated speech-to-text software	Unless the court orders otherwise

Juvenile records in detail

Rule 32(g)(9) is where readers most often go wrong, because the answer depends on the filing date:

• Child Protective Act cases (abuse and neglect): all court records are exempt.
• Juvenile Corrections Act cases filed before July 1, 2017: records were exempt until the admit/deny hearing, then open unless the court ordered them closed. For a juvenile 14 or older charged with an act that would be a felony for an adult, closing the records required a written finding of extraordinary circumstances.
• Juvenile Corrections Act cases filed on or after July 1, 2017: records are exempt, with exceptions. On a motion by the prosecutor, an interested party or "other interested persons," the court may release records if "the public's interest in the right to know outweighs the adverse effect" on the juvenile's rehabilitation, weighing the juvenile's age, the seriousness of the offense, whether it involved persons or property, prior record, risk to reoffend and impact on victims. Probation officers, law enforcement and certain state departments may inspect without an order, school superintendents may get facts on written request, and victims are entitled to identifying information about the offender, the petition, the decree and restitution orders.

Lesson 07 covers juvenile records and the ethics of naming minors in more depth.

32(h): anonymous decisions in closed cases

Even in exempt proceedings, a court may release its decisions "in a manner that preserves the anonymity of the participants." The Supreme Court and Court of Appeals do this routinely with "John Doe" and "Jane Doe" captions in appeals from child protection, termination and juvenile cases. So the law in those areas is public even when the files are not.

32(i): redaction and sealing

Exempt records are closed by category. Sealed and redacted records are closed by a judge's order in a particular case. Rule 32(i)(8) states the difference: exempt records "are different than sealed or redacted records."

Who may ask

Under 32(i)(1), "parties to a case, or non-parties whose rights are affected by or who otherwise have a right to access information contained in a court file, may move to redact, disclose, seal, or unseal records in a case file." The court may also act on its own. This is the door for the public: a non-party with a right of access can ask to unseal.

Hearings and temporary sealing

The court must hold a hearing if a party or an affected non-party asks for one (32(i)(2)). A motion to seal newly filed records temporarily seals them for seven days while the court reviews; continuing the temporary seal requires a written order that cites the grounds and "will be publicly available." Records already on file may be temporarily sealed at the court's discretion. Under 32(i)(2)(C), a sealing order "may be challenged by a non-party whose rights may be affected by the decision."

The required findings

Under 32(i)(3), the court must "fashion the least restrictive exception from disclosure and provide the reason." Before sealing or redacting, it must find at least one of these:

1. The records contain highly intimate facts or statements whose publication would be highly objectionable to a reasonable person.
2. The records contain facts or statements the court finds might be libelous.
3. The records could compromise a person's financial security or reasonably cause economic loss to someone with an interest in them.
4. The records could compromise the security of judicial branch personnel, property or protected records.
5. The records might endanger a person's life or safety.
6. Temporary sealing or redaction is necessary to preserve the right to a fair trial.
7. The records contain personal data identifiers that should have been redacted under the filing rules.

Rule 32(i)(3)(B) adds the most useful sentence for researchers: no record (other than a presentence report) may be redacted or sealed "unless the court first enters a written order that includes the determinations," the order must specifically identify the records, a copy goes to the clerk, and "the order shall remain publicly available and subject to examination, inspection or copying by the public, but should not reveal the content of the information protected from disclosure." So when you see a gap in a register, look for the sealing order. It will tell you which ground the judge used.

What sealing and redaction do

• Redaction: the unaltered original is preserved under seal, and a redacted copy "so marked" replaces it in the public file (32(i)(3)(C)).
• Sealing: the record is closed to the public, but unless the court orders otherwise the parties and their attorneys keep access for purposes of the case (32(i)(3)(D)).
• Denied motions: if a court refuses to seal a record that was not yet filed, the record is withdrawn; the parties may not rely on it and it does not become public (32(i)(4)(A)). This prevents a party from filing something embarrassing, asking to seal it, and having it go public when the motion fails.
• Unsealing: an order removing redactions or unsealing must explain its reasoning and identify the records (32(i)(5)). Limited disclosure orders must limit dissemination.
• Any order may be reconsidered or changed at any time (32(i)(7)).

32(j): shielded records

Rule 32(j) covers two kinds of records hidden by operation of law rather than by a judge's case-specific sealing findings:

• Criminal cases shielded under Idaho Code 67-3004(11). When a court enters a shielding order under that statute, "all court records of the case" are shielded from public disclosure. The defendant, court staff, law enforcement and prosecutors keep access. If the shielding is later revoked, the records reopen. Lesson 05 covers who qualifies.
• Eviction cases. All records of an unlawful detainer case under Idaho Code 6-303 are shielded if the case was filed on or after January 1, 2025, was dismissed, has no pending appeal, and either three years have passed since filing or the parties file a stipulation agreeing to shielding. Parties and court staff keep access.

32(k): how to request records

Making the request

Under 32(k)(1), a request to inspect or copy physical records may be oral or written, and the custodian may require it in writing. Requests and delivery may be by email. The custodian may ask for contact information as provided in Idaho Code 74-102. The request "must clearly identify each record requested so that the custodian can locate the record without doing extensive research," and the custodian will not accept continuing requests for documents that do not exist yet. The custodian may help you narrow a large request.

Deadlines

Rule 32(k)(4) gives the custodian three working days from receipt to disclose the records, refer the request to the custodian judge, or give written notice of denial. If deciding or retrieving will take longer, the custodian must say so within ten working days. The custodian need not compile or summarize information or create new records, and may deny a request for a transcript that can be bought from its preparer. If the custodian refers a request, the custodian judge must decide in writing within ten working days, and may hold an informal hearing (32(k)(5)).

Fees

Under 32(k)(6), paper copies of case records from the clerk of the district court cost what the clerk sets, up to the amount in Idaho Code 31-3201: $1.00 per page for copies, $0.50 per page for comparing and conforming a copy, and $1.00 for a certificate and seal. Costs for other copying are set by Supreme Court or administrative district judge order under Idaho Code 74-102. Fees are paid in advance, and a delay in paying extends the deadline.

Denials and appeals

If the custodian denies a request, you may ask the custodian judge for a ruling (32(k)(7)). If the custodian judge denies it, "the sole remedy of any aggrieved person shall be to institute proceedings for disclosure in the district court in accordance with I.C. § 74-115." Section 74-115 requires the petition to be filed in the district court of the county where the records are, within 180 calendar days of the denial notice, and requires the court to set responsive pleadings and hearings within 28 calendar days of filing. For more on that court process, see the public records module's lesson on denials, appeals and court.

Step	Who acts	Deadline	Rule
Request	You, to the custodian	None; be specific	32(k)(1)
First response	Custodian	3 working days (disclose, refer or deny in writing)	32(k)(4)
Notice of delay	Custodian	Within 10 working days if more time is needed	32(k)(4)
Ruling after referral or denial	Custodian judge	10 working days; informal hearing optional	32(k)(5), (7)
Court challenge	You, by petition in district court	Within 180 days of denial; court sets hearing within 28 days	32(k)(7); Idaho Code 74-115
Compiled data response	Supreme Court	10 working days	32(f)

Redaction duties of filers

The courts do not scrub filings. Idaho Rule for Electronic Filing and Service 15 puts the duty on the filer and says plainly that "the clerk of the court will not review filings to determine whether appropriate omissions or redactions have been made." If a filer must include personal data identifiers, they are partially redacted:

Identifier	What may appear in a public filing
Social Security number	Last four digits
Name of a minor child	Initials only (not required in a minor's name change case)
Date of birth	Year only, as XX/XX/1998 (a criminal defendant's full date of birth is not covered)
Financial account number	Last four digits
Driver's license or state ID number	Last four digits
Employer or taxpayer ID number	Last four digits

Filers who need the full identifiers in the case file a reference list or an unredacted copy, both exempt under Rule 32(g)(18). The rule warns filers to use caution with medical records, employment history, financial information, insurance information, trade secrets, information about cooperation with the government, and personal information about crime victims, and makes violations punishable as contempt. Federal courts follow a similar rule, Fed. R. Civ. P. 5.2, which allows the last four digits of Social Security and financial account numbers, the birth year and a minor's initials.

For researchers this has two consequences. A filing with a full Social Security number is a mistake, not permission to use it. And when a filing shows only a birth year, matching a person to a case takes more than a name and a year (lesson 10).

Presentence reports: Idaho Criminal Rule 32

Presentence investigation reports are among the most requested and least available court records. Rule 32(g)(2) exempts them "except as provided in Idaho Criminal Rule 32," and Rule 32(i)(3)(E) says they are "presumptively sealed" with no order or hearing needed. Idaho Criminal Rule 32 explains why. A full report covers the defendant's version of the offense, the officer's and victim's versions, criminal record, social history, education, employment, residence history, finances, health, "sense of values and general outlook on life," substance abuse and mental health evaluation results, and the investigator's analysis. It may contain hearsay the investigator believes reliable.

Criminal Rule 32(h) says the report "must be filed and kept as a sealed court record and, except as otherwise allowed by this rule, may only be disclosed on court order entered under Idaho Court Administrative Rule 32." The defendant, defense counsel and prosecutor get it before sentencing. The Department of Correction and the Commission of Pardons and Parole get it while the defendant is under their supervision. The victim "has a right to read, but not have a copy of" the report, as provided in Article I, section 22(9) of the Idaho Constitution. Releasing its contents to anyone else without authority is contempt. The practical lesson: what a judge says at sentencing about the report is public, because the hearing is public. The report itself is not.

Requests for the courts' administrative records

Rule 32 is also the law for records about how courts run: budgets, contracts, policies, administrative orders, statistics and employee pay. The Supreme Court's records page says to send requests about the administrative work of trial courts to the local trial court administrator, and requests about records the Supreme Court and its Administrative Office keep to the Supreme Court's records request email. Personnel records are exempt under 32(g)(22), but the salary and job information listed in (g)(22) is open, as are records of adverse action against an employee other than a private reprimand.