May 25, 2006, Laura K. Saegert, Appraisal Archivist
Agency contact
Kim Vernon, 406-5439
Records Series Review
Series Title: Legal offender files, trial
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: unknown
Agency holdings:
About 1995-ongoing, cubic ft. is unknown
Description:
This series involves litigation cases brought by the state against inmates
who have committed felonies while in the custody of the Texas Department
of Criminal Justice. Felonies include crimes such as murder of an inmate,
assault of an inmate or guard, or assault with a deadly weapon of an
inmate or guard. Cases are tried in the district court of the county
that houses the prison unit where the crime occurred. Appeals can be
made to the Texas appeals court with the appropriate jurisdiction. Inmates
are represented by staff attorneys of the State Counsel for Offenders
office (formerly known as the Inmate Legal Services section).
Types of records found in the files include correspondence, memoranda,
notes, affidavits, grand jury indictments, court filings (motions, orders,
statement of facts, transcripts, etc.), notes, witness statements, juror
lists, and inmate records, including copies of commitment papers, social
services summaries, diagnostic screening records, classification reviews,
offense reports, medical records, fingerprints, mug shots, and warnings
given to inmates prior to taking the inmate's written or oral confession.
Correspondents include TDCJ staff, staff and attorneys of the State
Counsel for Offender's office, inmates, court district clerks, and prosecutors.
Cases I reviewed each had an inmate defense case file summary sheet
that included the following information: name, number and unit of the
inmate; date of offense, indictment, and arraignment; charges; defense
attorney's name (usually just initials listed); hours of attorney prep
time and attorney trial time; names of co-defendants and co-attorneys
(if any); name of trial court, judge and court reporter; plea; offense;
verdict; punishment; and similar information if the case went to an
appeals court.
Purpose:
These files document legal assistance provided to indigent inmates convicted
of felonies who are incarcerated in the Texas Department of Criminal
Justice.
Agency program:
The State Counsel for Offenders (SCFO) provides indigent offenders who
are incarcerated in the Texas Department of Criminal Justice with legal
counsel that is independent of TDCJ-Correctional Institutions Division.
This office cannot help offenders with civil rights issues, TDCJ policy
or procedure issues, fee-generating cases, and various other legal areas
depending upon the circumstances. Offenders wanting help with a legal
problem should first see their unit law librarian for assistance and
read the Legal Handbook, published by SCFO. If they determine their
problem cannot be solved at the unit law library level, they should
contact the SCFO. The inmate has to contact the SCFO directly; family
members or friends cannot initiate such a request.
There are five legal sections within State Counsel for Offenders: Trial,
Immigration, General Legal, Civil Commitment and Appellate. Attorneys
in the Trial Section will represent indigent offenders indicted for
felonies allegedly committed while the offender is incarcerated within
TDCJ-Correctional Institutions Division. Trial attorneys represent offenders
at all court appearances, file all necessary motions and pretrial writs,
and fully litigate all relevant issues on behalf of the offender. Trial
attorneys, utilizing the services of professional defense investigators,
obtain discovery in offender's cases and meet with offenders to investigate
their cases. This includes discovering and questioning potential witnesses
and preparing the case for trial, if necessary. Attorneys in the Appellate
Section will assist indigent offenders who need legal services with
appeals and writs. The following services are provided: Attorneys will
represent offenders in preparing their appeal, to include identifying
appellate issues, preparing legal briefs, and arguing before appellate
courts. The attorneys can assist with appellate writs by researching
the case to see if there are valid, provable legal reasons to file a
writ of habeas corpus to set aside or modify their conviction or sentence.
Attorneys will also handle time writs-writs filed when the issue cannot
be resolved at the local court level. The attorney will research the
case to see if there are valid, provable legal reasons to file a writ
on these issues.
Arrangement:
Unknown. The files I reviewed were in alphabetical order and there were
several different cases filed for one inmate with the latest case filed
first.
Access constraints:
Yes. Much of the information in the legal offender trial files is confidential,
either by statute or it can be excepted under the Public Information
Act.
Criminal history records (if present) are confidential (V.T.C.A., Government
Code, 411, Subchapter F.)
Some information relating to an inmate (non-death row inmates - those
subject to possible release on parole or that could receive executive
clemency) of the Dept. of Criminal Justice is confidential (V.T.C.A.,
Government Code, Corrections, 552.134). This would include records of
incarceration, such as items in the inmate's file at TDCJ - commitment
papers, social services summaries, disciplinary records, diagnostic
screening records, fingerprints, classification reviews, etc.
Addresses, phone numbers, social security numbers and personal family
information of employees of the Texas Department of Criminal Justice
is confidential and could be present in cases involving action against
an employee of the Department (Texas Government Code, Section 552.1175).
Medical records are confidential under the Texas Occupations Code (Section
159.002(d)]).
Many of the documents in the case can be excepted under the Public
Information Act - attorney-client privilege, attorney work product,
interagency memoranda (Texas Government Code, Section 552.107 or 111)
and possibly privacy issues (Texas Government Code, Section 552.101).
Use constraints:
We would have to get a decision on the attorney-client/attorney work
product exceptions from the agency. If opened, then cases could be redacted/files
removed on demand. If the files are not opened by the agency, staff
from the State Counsel for Offenders would need to review the cases
when requested for research.
Indexes or finding aids required for/or an aid to access? unknown
Problems:
Confidentiality issues are the only problem.
Known related records in other agencies:
Trial records should also be present in the district court and appeals
court case files. However, not all district court or appeals court cases
are maintained permanently.
Previous destructions:
None known.
Publications based on records:
None known.
Internet pages based on records:
The Texas Department of Criminal Justice website has a section on the
State Counsel for Offenders that explains their functions - http://www.tdcj.state.tx.us/stcounsel/stcnsloff-home.htm.
Series data from agency schedule:
Title: Legal offender files, trial
Series item number: 1.1.048
Agency item number: 50.01.02
Archival code: R
Retention: AC +10 (Confidential)
Archival holdings:
None.
Appraisal decision:
This series has marginal value because it involves mostly routine felony
litigation and does not document policy development of this office.
However, with litigation files there is always the possibility of a
significant litigation case appearing that has historical value, sets
legal precedent, or changes the way the agency operates (wholly or in
part). Agency staff cited cases filed by notorious inmates such as Kenneth
McDuff as an example of cases having historical value. I feel such cases
will be few and far between, but the staff has told me they will save
such cases for review by the Archives. I recommend we keep the R on
the schedule and add this note in the Remarks column - "Cases that
set legal precedent or exhibit historical value will be evaluated by
the Archives and Information Services Division of the Texas State Library
and Archives Commission for archival preservation."
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