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Judiciary's Open Records Policy/Procedures

Rule 12 - Rules of Judicial Administration



Overview

OCA RECORDS

The Office of Court Administration (OCA) is a judicial agency. As such, it is not subject to the Texas Public Information Act nor to the federal Freedom of Information Act. Records held by the OCA are considered judicial records, which are governed by Rule 12 of the Rules of Judicial Administration.

The custodian of records for OCA is its administrative director. Requests for information must be in writing, must contain sufficient information to identify the record, and must be directed to:

Administrative Director
Office of Court Administration
P.O. Box 12066
Austin, Texas 78701

Appeals from denial of access to records are handled in the same manner as all other judicial records, as detailed in the Overview section.

The Office of Court Administration (OCA) and the Texas courts themselves are part of the judicial branch of Texas government. The Public Information Act (PIA) does not apply to either the OCA or the courts.

Access to court case records is governed by common law, statutory law and court rules. Generally, the custodian of court case records is the clerk of the court. Neither the Office of the Texas Attorney General nor the OCA can consider appeals from denials of access to court case records.

Access to judicial records (records other than court case records) is governed by Rule 12 of the Rules of Judicial Administration. The custodian of judicial records is usually the judge of the court. In the case of judicial records held by the OCA, the Administrative Director of the OCA is the custodian of the records. A request to inspect or copy a judicial record must be in writing, must include sufficient information to identify the record, and must be directed to the custodian of the record. Appeals from denials of access to judicial records are to be filed with the Administrative Director of the OCA. Appeals are decided by a committee of presiding judges who issue written opinions explaining the committee's decision.


Rule 12 of the Rules of Judicial Administration

Rule 12 Decision Summaries
Decision No. Date Issued Summary of Decision
09-004
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09-08-09 Costs assessed by a district clerk for copies of case records are not subject to review under Rule 12 because case records are not "judicial records" and are not subject to Rule 12.
09-002
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03-13-09 Records requested of the Process Server Review Board are exempt from disclosure under Rule 12.5 (j) because the records are directly related to a lawsuit filed by requester against the Board.
09-001
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03-17-09 Rule12.3(a)(4) is not an exception to disclosure; requests for records do not have to state that they are being made pursuant to Rule 12 to be valid; leave records are not exempt as an unwarranted invasion of personal privacy or as confidential under other law.

08-009
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02-27-09 Denials of requests for records should be made in writing and inform of the right to appeal; records regarding the deliberation of the qualifications an applicant's eligibility on a court appointment list are exempt under Rule 12.5(f); a signed order is not exempt from disclosure.
08-007
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02-13-09 Complaint files of the State Commission on Judicial Conduct are exempt from disclosure.
08-006
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02-02-09 Correspondence between county attorney and county court at law judges is attorney-client privileged and is not subject to Rule 12; information related to the investigation of a person’s character or conduct is exempt from disclosure under Rule 12.5(k).
08-005
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10-13-08 An appellate court justice’s request to the court’s chief justice for judicial records of the court is not a request for public access and not subject to Rule 12.
08-004
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10-27-08 Personnel records not exempt as unwarranted invasion of personal privacy or as confidential under other law; one document not exempt and one document exempt as related to investigation of character or conduct; judicial officer who is not custodian must forward request to the proper custodian and may not merely instruct requester to ask proper custodian for records.
08-003
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08-29-08 Document properly withheld because it did not contain the information requested.
08-002
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09-02-08 Judicial records that relate to the administrative processes of a municipal court should be disclosed.
08-001
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07-10-08 Appeal that was filed incorrectly and untimely is dismissed.

07-006
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11-09-07 Records related to an investigation of a person’s character or conduct that became part of the record in a public hearing no longer are exempt and must be disclosed.
07-005
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07-14-07 Records of financial disclosures, licensing, continuing education, and other credentials of elected judges are judicial records that must be disclosed.
07-004
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07-13-07 Investigative file of Commission on Judicial Conduct not "judicial records" and contents of file are exempt from disclosure.
07-003
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06-01-07 The identity or source of a letter that instigates an investigation by the Process Server Review Board is exempt from disclosure under Rule 12.5(k).
07-002
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05-03-07 Records of internal deliberations of the Process Server Review Board on matters of judicial administration are exempt from disclosure under Rule 12.5(f).
07-001
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02-09-07 Statements of the reason for denial of certification by judicial board are exempt from disclosure as records relating to an investigation of the applicant's character or conduct.

06-004
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11-14-06 Investigative file of Commission on Judicial Conduct not "judicial records" and contents of file are exempt from disclosure.
06-003
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10-13-06 Cost assessment for copies proper under Rule 12.7 and Texas Administrative Code.
06-001
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04-07-06 Reports of ad litem fees paid to attorneys are not exempt and must be disclosed; individual report prepared at request of judge who anticipated being a party to litigation was exempt from disclosure under Rule 12.

05-005
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02-13-06 E-mails between juvenile board judges and board's contract attorney that are made or maintained in the regular course of business but do not pertain to their adjudicative function are judicial records subject to disclosure.
05-004
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02-10-06 Reports to governmental agencies about convictions in designated cases pertain to a court's adjudicative function and are not judicial records, but documents related to general procedures are judicial records and must be disclosed.
05-003
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01-05-06 Draft reports analyzing probation revocations of Harris County district courts are not judicial records and are exempt as judicial work product and as internal deliberations on judicial administration matters.
05-001
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03-07-05 Texas Center for the Judiciary, a non-profit corporation, is not a judicial agency subject to Rule 12.

04-004
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09-21-04 Contents of Judicial Conduct Commission investigative files exempt from disclosure.
04-003
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09-17-04 Records related to expunction of attorney disciplinary records were matters before the Supreme Court and thus not "judicial records."
04-002
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09-01-04 Contents of Judicial Conduct Commission complaints files exempt from disclosure

03-008
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01-23-04 Investigative file of Commission on Judicial Conduct not "judicial records."
03-006
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10-21-03 Custodians of judicial records provided required access.
03-005
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10-16-03 Docket sheets of a municipal court are not judicial records.
03-004
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08-18-03 Records related to municipal court cases are not judicial records.
03-003
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08-18-03 Misdemeanor convictions are not judicial records.
03-002s
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08-18-03 Portions of complaints that reflect confidential information should be withheld.
03-002
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07-16-03 Copies of complaints filed against a municipal judge are open.
03-001
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04-24-03 Access to inquest records governed by statutory law, not Rule 12.

02-005
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12-23-02 Traffic citations not "judicial records."
02-004
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11-06-02 Oaths of office and antibribery statements not in judge's custody.
02-003
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06-28-02 Records of administrative judge "intended to instruct, assist or guide judges in the exercise of their contempt power" are "judicial records".
02-002
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06-17-02 Traffic citation records not "judicial records."
02-001
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06-07-02 Judge who did not have records relating to investigation and consultation should have attempted to determine custodian and notified requestor.

01-005
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11-02-01 Investigative file of Commission on Judicial Conduct not "judicial records."
01-003
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06-22-01 Trial record in court of appeals not "judicial records."
01-002
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07-19-01 Investigative file of Commission on Judicial Conduct not "judicial records."
01-001
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05-31-01
Appeal not timely from denial of access to judicial records of county community supervision and corrections department.

00-007
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12-19-00 Court's denial of a fee waiver did not include the required language about reasons for denial, the right to appeal, and the OCA director's name and address.
00-006
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10-25-00 Visiting judge records were "judicial records;" judge did not refer request to proper custodian.
00-005
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10-23-00 Records of associate judge retention committee were "judicial records," but were exempt from disclosure.
00-003
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04-27-00 Names of individuals on community supervision/probation in eight counties are not "judicial records."
00-002
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04-10-00 Records custodian not required to respond to request from prisoner.
00-001
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02-07-00 Traffic citation records not "judicial records."

99-002
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01-14-00 "Judicial records" of unauthorized practice of law committee were exempt from disclosure.
99-001
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08-31-99 "Judicial records" of unauthorized practice of law committee were exempt from disclosure.

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Updated: 08-Sep-2009

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