Last month I filed a request under both Chapter 552 of the Texas Government Code (Open Records Request) as well as Rule 12 of the Texas Rules of Judicial Administration for copies of all incoming and outgoing communications from judges and employees of the Office of County Court Management regarding judges volunteering to “review” warrant applications on “No Refusal Weekends.”
In response to my requests, I received two letters from Judge Jean Hughes, the presiding judge of County Criminal Court at Law No. 15 telling me that the material I requested was exempt from disclosure under Rule 12.5(f).
Texas Rules of Judicial Administration, Rule 12.5:
The following records are exempt from disclosure under this rule:
(f) Internal Deliberations on Court or Judicial Administration Matters. Any record relating to internal deliberations of a court or judicial agency, or among judicial officers or members of a judicial agency, on matters of court or judicial administration.
Now Rule 12.2(d) defines a judicial record for purposes of this statute:
Judicial record means a record made or maintained by or for a court or judicial agency in its regular course of business but not pertaining to its adjudicative function, regardless of whether that function relates to a specific case. A record of any nature created, produced, or filed in connection with any matter that is or has been before a court is not a judicial record. A record is a document, paper, letter, map, book, tape, photograph, film, recording, or other material, regardless of electronic or physical form, characteristics, or means of transmission.
The electronic and written communications were “made” by the court during its regular course of business. The e-mails were sent and received via the judges’ county-provided e-mail accounts and did not relate to any specific case.
The act of carefully considering issues and options before making a decision or taking some action.
We are conducting a DWI/no refusal initiative this weekend on Saturday, july 24 from 8p-4a in the northwest part of the county. It will be a multi-agency initiative with approximately 80 units participating. I have confirmed a blood draw location at jersey village pd. I also asked if one of their municipal judges could be made available for blood warrants but at 125/hr, I was told no. I asked around and was told that you were the person I needed to speak to to see if the county could provide a judge at the JV location for blood warrants or if arrangements could be made to have 2 judges on duty at IPC so a judge would be available without getting caught up in dockets. Could you provide me any information or direction as to who I would need to contact.
Thanks in advance.
