Navajo County Superior Court Public Safety Assessment

Algorithmic Transparency filed this request with the Navajo County Superior Court of Navajo County, AZ.


From: Michael Morisy

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

This request is concerning the the software and algorithm used in the Public Safety Assessment-Court (PSA-Court) Software. For reference and help retrieving responsive documents, this program was publicly discussed in the following news articles and segments:

I am requesting the following records related to the above program:

* Any software and algorithms developed for the implementation of the program. I'm particularly interested in any algorithms that have a public policy outcome, such as providing guidance on a policy or an assessment of an individual. More generally, I would like any software that was developed by or with, given to, used by, purchased or licensed to this agency for implementation of the above referenced program. This would include original source code, any compiled binaries (also known as executables), spreadsheets, program scripts, and other digital materials used to calculate any data in the above program. It would also include the input training data for machine learning algorithms. Collectively, these responsive materials will be referred to as "the software" in the following paragraphs.

* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of "the software." This includes any notes taking during meetings that discussed the use of the software, any explanations (whether internally or externally generated) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries. This also includes any description of input and output data fields that will aid in understanding the type of information that is submitted to the software, and that is produced by the software.

* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements that reference "the software" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.

* A copy of any funding opportunity announcements, grant applications and grantor status/progress reports, reports to legislative bodies, annual reports that mention the use of the Software, as well as audit records, including but not limited to security audits of the software, misuse reports, and reports to oversight bodies.
* A copy of any validation studies conducted with respect to the program or with respect to any software or algorithms used in connection with the program, and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By “validation study,” I mean any study designed to assess how accurate the program is in predicting what it is supposed to predict, or to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way.

* For the aspects of the software that require an input, for example, to compute a value, we request a copy of the five most recent sets of data that were used for input, as well as the five most recent outputs of the software, in whatever their native format is. If these inputs or outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.


Michael Morisy

From: Randall, Marla

Mr. Morisy

I just received your public records request from the Clerk of the Court. Please be advised I will be working on your request.

Thank you.

Marla Randall
Court Administrator
Navajo County Courts
PO Box 668 | 100 E Code Talker Drive
Holbrook, AZ 86025
Ph: 928.524.4223 fax: 928.524.4325

From: Randall, Marla

Muck Rock
c/o Michael Morisy
DEPT MR 30124
411a Highland Avenue
Somerville, Massachusetts 02144-2516

Dear Mr. Morisy:

The Navajo County Superior Court is in receipt of your request for records for the Public Safety Assessment (“PSA”) software. To clarify, public access to records of the Judicial Branch in Arizona is governed by Arizona Supreme Court Rule 123, not by A.R.S. § 39-121, et. al., Arizona Public Records statutes.

Pursuant to your request, I have enclosed a Memo of Understanding (“MOU”) between the Laura and John Arnold Foundation, the Arizona Administrative Office of the Courts, the Arizona Supreme Court, and the Superior Court in Navajo County. The MOU sets out the terms in which the Superior Court has been allowed to use the Arnold Foundation’s trademarked “Public Safety Assessment-Court” pretrial risk assessment tool to establish our pretrial risk assessment practices and develop software to implement the assessment tool by our court.

In reviewing your request, there is no additional information that can be released either because the court does not have the information you are requesting or the information is confidential. In entering into the MOU, the Navajo Superior Court agreed to refrain from disclosing any information about the PSA, “including information about the development, operation and presentation of the tool.” Further, pursuant to Arizona Supreme Court Rule 123(d)(2)(A), (B), and Rule 123(e)(11), the requested information cannot be released without a court order.

Some of the information you are requesting may be found at the Arnold Foundation website at The Arnold Foundation has released significant information on its website regarding the PSA including the scoring and weighting of the assessment.


Marla Randall
Court Administrator
Navajo County Courts
PO Box 668 | 100 E Code Talker Drive
Holbrook, AZ 86025
Ph: 928.524.4222 fax: 928.524.4325