Secrecy rules may cause confusion in arrests

 
By Nolan Clay | Published: March 22, 2008    Comment on this article Leave a comment

District Attorney Larry Stuart warns new secrecy rules on court records could lead to the wrong person getting arrested in a criminal case.

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He and other prosecutors want the Oklahoma Supreme Court to exempt criminal cases from the new rules issued this month. The rules go into effect June 10.

The new policy bans such personal information as complete birth dates, complete Social Security numbers and home addresses from court paperwork filed at courthouses. The rules also mean state court documents no longer will be accessible on the Internet.

Critics say the change will lead to confusion when people have similar names.

"That's my biggest concern,” said Stuart, district attorney in Osage and Pawnee counties.

"Without having full birth dates and full Social Security numbers on like ... informations, warrants and such, it would be difficult to make sure you're arresting the right person or charging the right person,” Stuart said.

He said on a criminal charge, "if we have it, we put that information on. The sheriff's office wants it. He wants ... full address, Social Security number and date of birth so he knows he's arresting the right person.”

Justices say they will consider revising the rules. They said the change was made to thwart identity thieves. Chief Justice James Winchester called identity theft "a real threat in today's technological society.”

Stuart questions whether identity thieves even would use information from criminal cases.

"I don't know about anybody else, but I'm not crazy about trying to steal the identity of a convicted felon,” Stuart said. "I don't know that anybody else would be either.

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