Summary — HB 5724 (Judicial Protection Act)
Sponsor: Rep. Kelly Breen
Subject: Courts; civil rights; public records — protections for judges and immediate family
Latest status (documents): Passed House (H‑2), passed Senate with substitute (S‑3) 12/10/2024 and returned to House; laid over one day under the rules. Companion: SB 871 (2023–24).
Purpose / Intent
The bill creates the "Judicial Protection Act" to reduce the risk to judges, their household members, and immediate family by restricting public posting and dissemination of specified personally identifying information (PII). It is modeled in part on the federal Daniel Anderl Judicial Security and Privacy Act.
Who is covered
- "Judge": state court judges (district, probate, circuit, Court of Appeals, Supreme Court), federal judges (as defined in the federal Act) who serve/have an address in the state, and judges of tribal courts for federally recognized tribes in the state.
- "Immediate family member": spouse, child, parent, or other familial relative who shares the judge’s permanent residence.
- "Public body": many state and local government entities (with the judiciary excluded unless the Supreme Court approves).
- "Person": any non‑public body entity (individuals, private companies, websites, etc.).
Key provisions
- A judge may submit a written request (on a form prescribed by the State Court Administrative Office — SCAO) asking a public body or person not to publicly post or to remove specific PII for the judge or a covered family member. The form must include proof of office/identity and the PII to be protected.
- SCAO may submit requests on behalf of state court judges if the judge delegates authority in writing.
- Defined PII (non‑exhaustive): date of birth (with a limited exception), full residential address (city/township may be excluded), other property addresses, home/cell phone, driver license/state ID numbers, Social Security number, personal email, tax ID, credit/debit card and bank account info, license plate or unique vehicle identifiers, school/day‑care details (including routes), and non‑courthouse employment location/schedules/routes for judge or immediate family.
- Public bodies and persons that already posted covered PII must remove it within a short period after receiving a request (Senate substitute S‑3: not later than 5 business days; earlier House versions used 10 business days). Removal may be accomplished by redaction or masking; deletion of non‑public records is not required.
- PII covered by a written request is exempt from disclosure under the state Freedom of Information Act for the public body that received the request.
Exemptions
The Act does not apply to PII:
- Relevant to and displayed as part of news stories, commentary, editorials, or other speech on matters of public concern.
- Voluntarily published by the judge or immediate family member after the Act’s effective date.
- (Committee versions also referenced other specific statutory exemptions such as certain records collected for motor vehicle, credit reporting, or licensing purposes; the Senate substitute final text emphasizes the news/public‑concern and voluntary‑publication exceptions.)
Remedies / Enforcement
- A judge or covered immediate family member may sue to compel compliance or obtain injunctive relief (local actions in circuit court; actions against a state public body in Court of Claims; mandamus actions to Court of Appeals).
- Preliminary injunctions/TROs may be obtained without posting security.
- If the plaintiff prevails, the court must award court costs and actual attorney fees.
- It is not a defense that the PII was publicly available from another source.
Fiscal impact & implementation
Nonpartisan fiscal analyses estimate a potential negative but minimal fiscal impact on state/local governments, SCAO, and court systems — costs mainly from removing posted information and modest increases in filings/hearings. SCAO must design/request forms and may incur small administrative costs. Impacts are expected absorbable within existing appropriations.
Procedural / timing notes
- Introduced in the House (May 14, 2024); passed the House June 27, 2024 (immediate effect was originally granted by the House); reported favorably by Senate committee and passed the Senate with substitute (S‑3) 12/10/2024; returned to House and laid over one day under the rules.
- Committee analyses indicated an effective date of 180 days after enactment for some versions; text and final effective date may vary depending on final enrolled bill language and any further House action.
If enacted as reported in the Senate substitute (S‑3), HB 5724 would give judges a formal process to shield specified personal information from public posting and sale, provide an FOIA exemption for covered records, and create civil remedies to enforce removal and prevent further dissemination.
