Judge encourages The News, district attorney’s office to resolve dispute

A Dallas County state district judge implored The Dallas Morning News and the Dallas County district attorney’s office to resolve their dispute over public records outside of court — or face a ruling from him early Tuesday.

State District Judge Jim Jordan listened to a three-hour hearing Monday on The News’ lawsuit against Dallas County District Attorney Craig Watkins, which accuses his office of failing to turn over documents about how Watkins has spent public money.

The judge encouraged the DA’s office and the newspaper to work out their differences overnight. “The relationship between the parties has been an informal one that has apparently worked up until now … Maybe that can be salvaged,” said Jordan, a Democrat.

If not, he said, he would issue an order by 8 a.m. Tuesday. He did not indicate what his decision would be.

The suit centers on Watkins’ use of the forfeiture fund, a pool of money seized in crime busts that Watkins can use for law enforcement purposes. The News sought documents about the fund in September, under the state’s public information laws, as Watkins faced criticism for how he was using it.

The News filed its suit after it did not receive all of the requested documents or a response within the 10 business days required by law.

Watkins, a Democrat seeking re-election to a third term, didn’t attend the hearing. But his top assistant and office spokeswoman did.

The newspaper’s attorney, Paul Watler, said Monday that the DA’s office has failed to produce the documents or take advantage of exemptions allowed by law. That noncompliance should be seen as refusal, he said.

Russell Wilson, who represented the DA’s office, said The News’ request was invalid because it was emailed to the wrong person. Watler disagreed but said that point was moot because he hand-delivered notice to the correct person earlier this month.

Wilson also argued that The News had withdrawn its request based on an email reporter Jennifer Emily sent, but Emily testified that she withdrew only a small portion of the request. Emily said no one from the DA’s office gave her any indication they thought the entire request had been withdrawn until Monday’s hearing.

Sarah Mervosh

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