Texas Judicial Branch

Open Records Policy

Courts and Judicial Branch agencies are not subject to the Texas Public Information Act nor to the federal Freedom of Information Act. A Judicial Branch agency means an office, board, commission, or other similar entity that is in the Judicial Branch and that serves an administrative function for a court, including a task force or committee created by a court or judge. Records held by courts and Judicial Branch agencies that do not pertain to their adjudicative function are considered judicial records, which are governed by Rule 12 of the Rules of Judicial Administration.

Access to Judicial 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 a Judicial Branch agency, the director of the agency 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.

Appealing Denial of Access

Appeals from denials of access to judicial records are to be filed with the Administrative Director of the Office of Court Administration. Appeals must be filed not later than 30 days after the date the notice of a denial is received. Petitions for review of a denial must comply with Rule 12.9 of the Rules of Judicial Administration.

Appeals are decided by a committee of presiding judges who issue written opinions explaining the committee's decision.

Access to Court Case Records

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 Attorney General nor the Special Committee of the Regional Presiding Judges can consider appeals from denials of access to court case records.

The Presiding Judges of the Administrative Judicial Regions have issued the following directive regarding the processing of appeals from denial of access to court case records that are mistakenly filed with the Office of Court Administration under Rule 12.9 of the Rules of Judicial Administration: Directive Regarding Petitions for Access to Case Records

Rule 12 Decisions

Decision #

Date

Description

26-014

08/05/2026

 

26-013

06/22/2026

 

26-011

05/06/2026

Rule 12 is not universally applicable, even to records that on their face might be “judicial records.” Rule 12.3 provides that Rule 12 does not apply to elected officials other than judges, and because district clerks are elected officials other than judges, Rule 12 is inapplicable as applied to a district clerk. Where a respondent is an elected official other than a judge, a petition for review will be administratively dismissed.

26-010

06/11/2026

 

26-008

06/08/2026

 

26-007

06/08/2026

 

26-006

05/27/2026

Rule 12.5(i) does not require that an exemption claim fit into a certain portion of the Texas Homeland Security Act, but merely requires that a record be confidential or exempt under law.

26-005

05/20/2026

Not all “judicial records” are subject to disclosure. Rule 12 does not require the creation of a record “other than to print information stored in a computer.” A records custodian is not required to create records that do not exist and a request to create records sets the request outside the scope of Rule 12. The act of opening a computer and printing pre-existing, available information is not the same as manipulative querying and compilation.

26-004

04/29/2026

If a requested record does not exist, a respondent’s inability to produce a requested record is not a denial of access to judicial records under Rule 12.

26-003

04/22/2026

If a requested record does not exist, a respondent’s inability to produce a requested record is not a denial of access to judicial records under Rule 12.

26-002

03/24/2026

A respondent’s inability to produce a non-existent record is not a denial of access under Rule 12.

26-001

02/18/2026

A court's administration of cases pertain to a court's adjudicative function.

25-027

02/09/2026

Denied the petition for access to certain internal court communications, finding that the records are exempt from disclosure under Rule 12.5(a) as they relate to the court's internal deliberative process.

25-026

02/09/2026

Dismissed the petition because the respondent informed the committee that it did not have any records responsive to the request. A respondent's inability to produce a non-existent record is not a denial of access under Rule 12.

25-025

12/30/2025

Rule 12.5(k) (Investigations of Character or Conduct) exempt from disclosure “any record” relating to an investigation of any person’s character or conduct unless the records is requested by the person being investigated and release of the record would not impair the investigation. The records in question do not relate to the Petitioner.

25-024

12/30/2025

Rule 12.5(k) (Investigations of Character or Conduct) exempt from disclosure “any record” relating to an investigation of any person’s character or conduct unless the records is requested by the person being investigated and release of the record would not impair the investigation. The records in question do not relate to the Petitioner.

25-023

12/01/2025

No withheld records for special committee to consider.

25-022

12/10/2025

If a requested record does not exist, a respondent’s inability to produce the requested record is not a denial of access to judicial records under Rule 12.

25-021

12/11/2025

A respondent’s obligation to comply with Rule 12 is triggered upon actual receipt of a request. Petitioner filed its appeal before Respondent “actually received” Petitioner’s Rule 12 request and therefore Petitioner’s appeal request is premature.

25-019

11/18/2025

Where judicial records responsive to a Rule 12 request are provided to a requestor, Rule 12 is satisfied.

25-018

11/17/2025

The records of a judicial agency are in the custody of its presiding officer and requests must be directed to that officer. A policy providing the manner and where records requests should be sent does not violate Rule 12. Whether an agency chooses to use the resources of a county district attorney’s office to field a request is within the agency’s discretion and the special committee does not believe a policy requiring requests be handled by a governmental entity that represents a respondent is unreasonable. Records related to a court’s internal operating procedures or administration of cases pertain to the adjudicative function. Case supervision policies and procedures of a probation department pertain to a court’s adjudicative function and records describing policies and procedures regarding visitation in family law cases referred to family court services are not judicial records under Rule 12. Records reflecting the employment/contractor status of community supervisors assigned to case are personnel records subject to Rule 12 disclosure.

25-017

11/03/2025

Affidavits, warrants, and complaint records are related to court’s adjudicative function and are not judicial records.

25-015

08/11/2025

If a requested record does not exist, a records custodian’s inability to produce the record is not a denial of access under Rule 12. Rule 12 is silent regarding the duty or procedure to follow when a requested record does not exist. It is helpful to inform requesters when a record does not exist, but Rule 12 does not require it.

25-013

07/23/2025

Rule 12 does not contain a mechanism for a public evidentiary hearing. The adjudicative function is greater than the simple resolution of cases. Records relating to visiting judge assignments directly bear on case processing and are not “judicial records” under Rule 12.

25-012

08/22/2025

The Bexar County Domestic Relations Office is a judicial agency to the extent it is maintaining judicial records for the judiciary. Documents related to child custody evaluators, including draft lists, appointment frequency, and internal discussions about list formation, are not “judicial records” under Rule 12 because child custody evaluations are ordered by a court and involve the court's determination of qualifications, making them pertain to the adjudicative function.

25-010

07/02/2025

For Rule 12.9(c) timeliness calculation, a Rule 12 notice of denial of access electronically transmitted to a petitioner is deemed received at the time it is transmitted to the document requestor. Even though Petitioner’s appeal is untimely, were it not, the judicial calendar records sought by Petitioner would be exempt under Rule 12.5(b). Past schedules may be predictive of future schedules.

25-009

05/30/2025

A record created, produced, or filed in connection with any matter that is or has been before a court is not a judicial record.

25-008

05/30/2025

Petitioner sought communications with court, including judicial qualification, special assignment orders, mandamus proceedings, and emergency filings. A record created, produced, or filed in connection with any matter that is or has been before a court is not a judicial record.

25-007

05/23/2025

If a requested record does not exist, a respondent’s inability to produce a requested record is not a denial of access to judicial records under Rule 12.

25-004

04/23/2025

Records related to a court’s internal operating procedures or administration of cases pertain to a court’s adjudicative function. Case supervision policy and procedures record at issue here pertain to a court’s adjudicative function because the it details supervision and oversight of persons who have been before the court in connection with a case.

25-003

04/14/2025

A records custodian is not required to create a document in response to a request.

25-001

03/17/2025

The burden is on a records custodian to show that compliance with a request would substantially and unreasonably impede operations. Rule 12 contemplates that some request may take longer to process than other and Rule 12 contains an extension mechanism. For the “internal deliberations” exemption to apply, there must in fact have been a deliberation. Documents discussing the development of an agenda may contain exempt information, but a final agenda does not. A blanket “internal deliberations” exemption cannot apply to meetings that are attended by persons not part of Respondent or its supporting staff.

24-017

02/03/2025

The use of counsel by a respondent does not change records custodianship under Rule 12. Records related to a case are not judicial records, as they are records created in connection with a matter that is or has been before a court. Rule 12.6 requires a request for records to include sufficient information to reasonably identify the record requested. Respondent is not the custodian of some of the records requested.

24-016

02/19/2025

A judicial entity or officer is not required to create records that do not exist.

24-015

12/05/2024

Rule 12 is considered satisfied when judicial records responsive to a Rule 12 request are provided to a requestor. Because Respondent disclosed responsive records, Rule 12 considered satisfied.

24-014

11/04/2024

The reviewing of facts, applying the law to facts, and making of a determination or decision in a given matter presented to a court are adjudicative acts. Search warrant is not a “judicial record” under Rule 12 because it pertains to the court’s adjudicative function and Rule 12.3(c)(2) makes Rule 12 inapplicable to the correspondent affidavits attached to the search warrant because access to those documents is controlled by “another provision of law.”

24-013

10/21/2024

Where a request is overly broad, the appropriate response by a records custodian is to give the requestor an opportunity to narrow the scope of the request or provide additional information so the records can be identified. Where judicial records responsive to a Rule 12 request are provided, Rule 12 is satisfied. Petitioner’s request is overly broad and, for records that can be identified, Respondent provided responsive records.

24-012

10/02/2024

Petitioner’s request, by Petitioner’s admission, is for records related to court settings and pleadings in a court case and thus pertains to Respondent’s adjudicative function. Requested records are not “judicial records” under Rule 12.

24-007

06/17/2024

A Rule 12.5 exemption to disclosure applies if the records in question meet the parameters of any Rule 12.5 exemption. Rule 12.5 exempts from disclosure any record relating to an investigation of any person’s character or conduct unless the record is requested by the person being investigated and the release of the record, in the judgment of the records custodian, would not impair the investigation. Complaints filed with the Unauthorized Practice of Law Committee require an investigation into a person’s conduct to determine if that person has engaged in the unauthorized practice of law, and if, in the judgment of the UPLC, disclosure of the record would impair its investigation, the record is exempt from disclosure even if the person seeking the record is the person under investigation.

24-004

04/03/2024

Records at issue are confidential under Government Code Section 418.182 because they contain information relating to the specifications, operating procedures, or location of the courthouse security system, making the records exempt from disclosure under Rule 12.5(i)’s Information Confidential Under Other Law exemption to disclosure.

24-003

03/05/2024

Where judicial records responsive to a Rule 12 request are provided to a requestor, Rule 12 is considered satisfied.

24-002

03/06/2024

Rule 12 request to inspect or copy a judicial record must be sent to records custodian, not to a court clerk or other agent for records custodian. When a Rule 12 request is sent to a court clerk rather than a records custodian, Rule 12’s response obligations do not apply

24-001

02/28/2024

A record created, produced, or filed in connection with any matter that is or has been before a court is not a judicial agency. A records custodian is not required to create a document in response to a request.

23-014

11/29/2023

Where the appeal in question is part of a series of similar appeals, the issues raised and settled in one appeal can be dispositive for those issues raised in later series appeals. Underlying request in question and appeal before special committee substantially similar to those considered in Rule 12 Decision No. 23-012.

23-013

11/27/2023

Where the appeal in question is part of a series of similar appeals, the issues raised and settled in one appeal can be dispositive for those issues raised in later series appeals. Underlying request in question and appeal before special committee substantially similar to those considered in Rule 12 Decision No. 23-012.

23-012

11/16/2023

Representation by counsel is not required by nor prohibited by Rule 12. The use of counsel by a Rule 12 respondent does not change records custodianship, which is set by Rule 12.2(e). Rule 12 not a litigation mechanism and Rule 12 does not operate like rules governing litigation process. Rule 12 does not contain privilege log requirement. Rule 12 does not apply to records subject to a rule of evidence. Educational credential record may be subject to disclosure under Rule 12 if being maintained by a respondent as a judicial record (for example, as part of a personnel file).

23-011

10/02/2023

The special committee’s authority under Rule 12 is limited to that given to it to review a petition and determine whether a requested record should be made available to a petitioner. There is no mechanism under Rule 12 permitting a hearing regarding a petition. Rule 12 does not distinguish between “personal” and “official” communications accounts for judicial records purposes. The public/private status of a communications account through which a judicial record flows is irrelevant for Rule 12 purposes; what matters is the status of the records being sent.

23-010

10/17/2023

Rule 12 provides procedures for responding to requests when judicial records are available. If a requested record does not exist, a respondent’s inability to produce a record is not a denial of access to judicial records.

23-009

10/11/2023

Under Rule 12.3(c)(2), records or information relating to an arrest or search warrant or support affidavit, access to which is controlled by common law, court order, judicial decision, or “another provision of law” are not subject to Rule 12. Article 15.26, Code of Criminal Procedure, provides that an arrest warrant and any affidavit presented to a magistrate in support of the warrant is public information and must be made available for public inspection. Because access to records sought by Petitioner are controlled by Article 15.26, Code of Criminal Procedure, Rule 12 does not apply.

23-007

09/12/2023

Rule 12 mandates access to certain judicial records held by a court and its judges, not simply any record within a court’s or judge’s possession. Rule 12 contains applicability limitations and exemptions for various policy reasons, and a records custodian must apply the entirety of Rule 12 against a request. Rule 12 contemplates that a request can substantially and unreasonably impede court operations. Where Rule 12 request is so broad that a records custodian cannot reasonably comply with the request without impeding court operations, the request frustrates Rule 12’s aims of an open and transparent judiciary. Petitioner’s request, which sought variety of communications sent or received over two-week period, is overly broad and burdensome.

23-006

08/17/2023

If a requested record does not exist, a Respondent’s inability to produce a requested record is not a denial of access to judicial records. And where judicial records responsive to a request are provided, Rule 12 is satisfied.

23-004

07/19/2023

A Rule 12 request is not required to state that it is being made pursuant to Rule 12. Requestors should be given access to judicial records regardless of whether they are able to invoke the correct “magic” words to gain that access. The special committee has no authority to issue a decision regarding access to case records. Where judicial records responsive to a Rule 12 request are provided, Rule 12 is satisfied.

23-003

07/07/2023

If a requested record does not exist, a respondent’s inability to produce the requested record is not a denial of access to judicial records under Rule 12. Petitioner’s request is, by its own terms, for a record “created, produced, or filed” in connection with a matter on a court’s docket, and is therefore not subject to Rule 12.

23-002

05/08/2023

Records requested by petitioner are related to a defendant-probationer, are in a case file maintained by a community supervision and corrections department, and therefore are not judicial records under Rule 12.

23-001

05/17/2023

OCA’s role regarding Rule 12 is to notify a respondent and the presiding judges of the Administrative Judicial Regions of the receipt of a petition for review. A district court administrator’s regular use of a recorder to record a district judge meeting for the purpose of creating meeting minutes is a “normal routine” related to the holding of the meeting, is therefore part of the courts’ regular course of business, and the recording is a judicial record under Rule 12.2(d). Respondent failed to comply with Rule 12’s requirements. Destruction of a judicial record following receipt of a request for access to the record is a violation of Rule 12, and ignorance of Rule 12 does not excuse the destruction of records.

22-018

03/01/2023

There is no categorical difference between probation officer caseload lists, probationer personal contact exception lists, and check-in meeting schedule records from records relating to a probationer kept in a case file maintained by a probation officer. These records are created in connection with criminal cases that have been before a court which placed a probationer under community supervision.

22-017

02/02/2023

Respondent provided Petitioner documents responsive to request, no additional responsive documents exist.

22-015

01/23/2023

No categorical difference between records related to a probationer kept in a case file maintained by a probation officer who supervises probationers from records kept in a probation officer’s personnel file detailing probationer behaviors and check-ins with probation officer. Government Code Section 76.006 does not prohibit access to performance records by the person who was evaluated. Where the statute underpinning a Rule 12.5(i) exemption does not support the withholding of information, the exemption claim must fail. Rule 12.5(e)’s exemption to disclosure cannot be logically read to apply to the person who submitted an application.

22-013

01/17/2023

Records that relate to the daily process by which a court administration office distributes settings are part of how a court processes cases, and how a court processes cases is part of the court’s adjudicative function. Records regarding requests made under a county’s local rule that controls how a case is assigned to a judge are not judicial records, they are case records.

22-012

01/09/2023

Complaints filed with Unauthorized Practice of Law Committee (UPLC) require the investigation of a person’s conduct to determine if they have engaged in unauthorized practice of law, and therefore UPLC complaint records are exempt from disclosure under Rule 12.5(k) unless the requestor is the subject of the investigation and release will not impair the investigation.

22-009

11/21/2022

A record created, produced, or filed in connection with any matter that is or has been before a court is not a judicial record. Records containing “keywords” that are the names of individuals, where the records were created in connection with a matter that was before the court, not judicial records.

22-008

08/22/2022

The fact that the Judicial Branch Certification Commission has a combination of administrative, adjudicative, and regulatory functions does not alter its status as a judicial branch agency, and the Commission is not subject to the Public Information Act. The Commission exercises an adjudicative function when it investigates and resolves complaints filed with the Commission. Emails related to Commission’s investigations into the activities or conduct of Commission licensees for the purpose of monitoring licensee compliance with Commission’s rules are exempt from disclosure under Rule 12.5(k).

22-007

07/21/2022

Certain attorney-client communications held by Respondent were judicial records facially subject to Rule 12. Even where a record is facially subject to Rule 12, the rule itself may be inapplicable to a record by Rule 12’s own terms. Attorney-client communications that are privileged under the Texas Rules of Evidence are not subject to Rule 12. Attorney-client privilege extends to an entire communication, and once established the privilege extends to the entire document.

22-006

07/07/2022

A record created, produced, or filed in connection with any matter that is or has been before a court is not a judicial record, it is a case record.

22-005

07/01/2022

Where prior Rule 12 decisions are silent on an issue, the special committee will examine parallel Public Information Act (PIA) provisions and their interpretation for guidance. Caselaw interpreting PIA holds that the party seeking to withhold requested information bears the burden of proving sought information is not subject to disclosure. Respondent did not carry its burden of proving the information was not subject to disclosure under Rule 12’s “litigation exemption.” That a requested record “relates to” matters pending before a court does not axiomatically push it outside Rule 12’s purview. A record can slip outside Rule 12 based on its status as an adjudicative record or as a case record.

22-004

06/27/2022

Respondent did not issue a formal denial for certain records materials because it did not have any responsive records, but Rule 12 only provides procedures for responding to requests when judicial records are available. It is helpful to inform requestors that records do not exist, but Rule 12 does not require it.

22-003

06/24/2022

An item that is not part of a court record may nonetheless have been created or produced in connection with a case and fall outside of Rule 12’s definition of a judicial record.

22-001

04/11/2022

Attorney-client communications that are privileged under Rule 503 of the Rules of Evidence are not subject to Rule 12. Document withheld from Petitioner falls outside Rule 12 because it is a privileged attorney-client communication.

21-016

01/13/2022

Respondent does not have any records responsive to request.

21-015

09/20/2021

Recordings from security cameras identifying specifications of the video recording system, including technical details and vulnerabilities, are confidential under Government Code § 418.182 and therefore exempt from disclosure. A release to outside counsel or other members of a governmental entity do not constitute a release to the public under Rule 12.

21-014

08/30/2021

A record does not have to be filed in a case to pertain to a court’s adjudicative function. Any record created or produced in connection with any matter that is or has been before a court pertains to a court’s adjudicative function.

21-013

08/26/2021

Fact that Respondent replied to Petitioner after 14-day window for response is immaterial and does not alter fact that there were no records responsive to request.

21-011

06/22/2021

Emails exchanged between two judges related to matters that have been before the judges are case records, not judicial records. Paystub information consisting of net pay, deductions, and other payroll information exempt from disclosure under Rule 12.5(c). General leave information, including sick and annual leave balances, not exempt from disclosure. Information related to private phone numbers and family information exempt from disclosure.

21-010

06/01/2021

Rule 12.6 requires a request for records intended for a judge to be sent to the judge as the records custodian, not to a court clerk or other agent for the judge. A judge’s obligation to comply with Rule 12 is triggered upon actual receipt of a request for records.

21-009

05/24/2021

Petitioner’s request is for records relating to a pending court case, which makes the records adjudicative records and not judicial records under Rule 12.

21-008

05/14/2021

Under Rule 12.3(d), Rule 12 does not apply to elected officials other than judges. Because Petitioner’s cost estimate appeal pertains to a district clerk, and because district clerks are elected officials, the special committee is without authority to issue a decision regarding the cost estimate. The special committee instructs the Office of Court Administration to administratively dismiss any future appeals submitted in which the respondent is a district clerk or district clerk’s office.

21-007s

12/08/2021

Supplemental review of line-item pricing and hourly rate information Vendor in Rule 12 Decision No. 21-007 argued was exempt from disclosure. Rule 12.5(i)(3) exempts from disclosure certain information that relates to a trade secret. Vendor’s recurring quarterly/annual charges and hourly rate for change order pricing information not exempt under Rule 12.5(i)(3). Vendor’s pricing assumption information rises to level of a trade secret and is exempt from disclosure.

21-007

05/21/2021

Rule 12.5(i)(3) exempts from disclosure certain “trade secret” information, which under case law is any formula, pattern, device, or compilation of information used in one’s business and which presents an opportunity to obtain an advantage over competitors who do not know it or use it. To determine whether a trade secret exists, the special committee looks at certain trade secret factors. Viewing request for offer information Respondent withheld from disclosure as a trade secret, the special committee agrees with Respondent’s trade secret assertions in light of the trade secret factors.

21-005

04/23/2021

Assigned judges in some instances may be considered custodians of records they create and maintain separately from the courts they serve. Emails or notes related to Petitioner’s case pertain to a respondent’s adjudicative function and are not covered by Rule 12, but responsive emails or notes that do not pertain to respondent’s adjudicative function should be released unless exempt from disclosure. Telephone records are subject to disclosure under Rule 12.

21-002s

05/17/2021

Petitioner’s appeal is functionally a request for reconsideration of the special committee’s decision in Rule 12 Decision No. 21-002, but under Rule 12.9(m) a special committee’s decision is not appealable. In the interest of efficient resolution of the records request and in furtherance of Rule 12’s purpose, special committee requests Respondent forward original request.

21-002

03/11/2021

Special Committee will not grant a request for a new panel based on conclusory allegations provided to support the request. Rule 12 lacks provision that automatically discloses records for a respondent’s failure to comply with Rule 12.8. Rule 12 demands good faith and reasonableness in reply to requests. Nothing in Rule 12.9 renders an appeal’s styling as determinative of an appeal’s merits. Respondent as listed in opinion reasonably interpreted it was actual respondent in petitioner’s request and replied to petitioner in good faith.

21-001

03/04/2021

Special Committee is unable to conclude that releasing the names and contact information of Unauthorized Practice of Law Committee (UPLC) members would impair investigation. If requestor requests a certain record format after being directed to a website, the agency should comply with the request. Rule 12.5(a) exemption does not apply to UPLC records. Neither a list of names of those in attendance at a UPLC meeting nor the “roll call” are internal deliberations of a judicial agency. Rule 12.5 exempts from disclosure records related to civil or criminal litigation or settlement negotiations.

20-003

08/10/2020

The exemption from disclosure provided by Rule 12.5(k) is not limited to records related to the investigation of a judicial officer’s character or conduct.

20-001

04/14/2020

Records related to a complaint filed with the Commission on Judicial Conduct are not “judicial records.”

19-029

02/10/2020

Rule 12 Decision No. 19-019 is dispositive of this appeal, as the records requests at issue here are substantially similar to those found in that appeal. The special committee can neither grant the petition in whole or in part, nor sustain denial to the requested records.

19-028

02/10/2020

Rule 12 Decision No. 19-019 is dispositive of this appeal, as the records requests at issue here are substantially similar to those found in that appeal. The special committee can neither grant the petition in whole or in part, nor sustain denial to the requested records.

19-027

02/14/2020

Rule 12.7 outlines the costs associated with the release of judicial records. The time it takes to comply with a request depends upon the number of records responsive to the request, whether records need to be redacted, and how records are maintained.

19-026

02/13/2020

A court’s internal operating procedures and local rules relate to a court’s adjudicative function even though they do not relate to a specific case because procedures addressing the processing of cases pertain or relate to a court’s adjudicative function. The Rule 12 definition of “judicial record” excludes any record that pertains to the court’s adjudicative function, regardless of whether that function relates to a specific case. Unlike the Public Information Act, Rule 12 does not contain a waiver provision related to untimely reply to a records requestor.

19-025

02/04/2020

Special committee’s authority under Rule 12 is limited to determining whether requested records should be made available to a petitioner under Rule 12. In the case of a court with one judge, the records custodian is the judge of the court. Judicial records are open to the public unless exempt from disclosure, and where a respondent does not raise exemptions and the special committee cannot conclude any apply the records must be released.

19-023

01/28/2020

Rule 12 Decision No. 19-019 is dispositive of this appeal, as the records requests at issue here are substantially similar to those found in that appeal. The special committee can neither grant the petition in whole or in part, nor sustain denial to the requested records.

19-021

01/28/2020

Rule 12 Decision No. 19-019 is dispositive of this appeal, as the records requests at issue here are substantially similar to those found in that appeal. The special committee can neither grant the petition in whole or in part, nor sustain denial to the requested records.

19-020

01/14/2020

Rule 12 Decision No. 19-019 is dispositive of this appeal, as records request at issue is, but for Respondent, factually identical to that appeal. The special committee can neither grant the petition in whole or in part, nor sustain denial to the requested records.

19-019

01/14/2020

Special committee will not comment on the nature of documents submitted to it that extend beyond the records sought by a petitioner under Rule 12. Rule 12 does not require special committee to opine on validity of assertions posed by a petitioner. Act of removing an attorney from a county’s Fair Defense appointment list relates to court’s adjudicative function. A court’s indigent defense plans and attorney appointment plans or rules fall under the umbrella of local rules of procedure and are not judicial records. There is a distinction between court appointment data found in case files and appointment data reports generated from those files, and a judicial officer is not required to harvest its case files to create a document that would satisfy a request.

19-018

01/08/2020

Records custodian not required to create a document in response to a request. The ordinary meaning of “relating to” is “having a connection with or reference to,” and records “relating to” Respondent’s administrative conferences are exempt from disclosure under “internal deliberation” exemption.

19-016

12/09/2019

A court’s local rules of procedure relate to a court’s adjudicative function. A presiding judge’s review and approval of local rules submitted by region’s courts is an administrative function. Respondent provided Petitioners with access to requested records where Respondent directed Petitioners to link on website where records could be accessed. Rule 12 does not require a judge to opine on any matter or acknowledge validity of assertions posed by a requestor.

19-015

11/22/2019

Certain records relating to grievance filed against Respondent municipal court not judicial records or exempt from disclosure under Rule 12.5’s “investigation of character or conduct” exemption. Grievance review councilmember does not become member of judicial agency for “internal deliberation” exemption by serving on grievance committee that reviews judicial officers, and a record distributed to a grievance review councilmember that is outside of a court or judicial agency cannot be an “internal” deliberation among judicial officers.

19-010

09/24/2019

Personnel files maintained by a court or judicial agency are available to the public under Rule 12, subject to applicable Rule 12 exemptions. The denial of a request for access to judicial records must be in writing and include the following: 1) the reason for the denial, 2) information regarding the requestor’s right to appeal under Rule 12.9, and 3) the name and address of the Administrative Director of the Office of Court Administration.

19-008

08/15/2019

A record is not exempt in its entirety under Rule 12 simply because portions of the record are exempt from disclosure. The proper response is to redact exempt information before disclosing the record.

19-007

08/12/2019

Rule 12 Decision No. 16-011 is dispositive of this appeal, as records request at issue here (request for juvenile curfew citations issued over four-year period) is substantially similar to the request in that appeal. The special committee is without authority to grant the petition or sustain the denial of access to requested records.

19-006

08/09/2019

A judicial officer does not have to answer questions or create documents to provide summary information, but if the questions or requests are for information the custodian knows may be available from a record, the custodian should advise the requestor so the requestor can amend the request to ask for those records.

19-005

08/06/2019

Many records found in a judge’s or employee’s personnel files are not exempt from disclosure under Rule 12.5(c).

19-004

06/20/2019

The special committee is without authority to issue a decision because the request at issue is an internal request, not a request from member of the public.

18-007

01/07/2019

Petitioners should have the opportunity to narrow an overly broad request. Records of browser history and internet search history made in the regular course of a court’s or judicial agency’s business are subject to Rule 12 and should be released.

18-006

09/10/2018

When a judicial officer does not have the record requested by the public, the officer is under no obligation to create the record to respond to the request; however, the officer should, if possible, ascertain who is the custodian of the record, pass the request on to that custodian, and notify the requestor. Timesheets are not exempt under Rule 12 and should be released when requested. When a records request has been received, a records custodian should not inquire about or be influenced by any supposed purpose for the request.

18-005

05/29/2018

Copies of emails sent and received in connection to an amicus curiae brief are case records, not judicial records subject to Rule 12.

18-004

06/06/2018

Respondent provided responsive records once they knew about the request.

18-001

04/13/2018

A records custodian should give a records requestor the opportunity to narrow a request or provide additional information when a request appears overly broad or burdensome. Records pertaining to a specific court case are not considered judicial records and are not subject to Rule 12. Telephone logs, bills, and records, however, are judicial records and must be released unless a Rule 12 exemption applies.

17-027

03/13/2018

Records request system that requires requests be submitted to the custodian by regular mail to the court’s mailing address or to a dedicated email address does not violate Rule 12. When petitioner failed to comply with court’s procedures to submit records request, the court was not required to respond because it had not received request. Campaign contribution reports, donation records, and case specific communications are not judicial records controlled by Rule 12.

17-026

01/29/2018

A record custodian is not required to create records to satisfy a records request. Records related to a probationer that are in the probationer’s case file maintained by a probation officer are not judicial records subject to Rule 12. Records concerning the investigation of the Petitioner’s conduct were properly withheld under Rule 12.5(k) because release of the documents would have reasonably interfered with the investigation.

17-024

12/13/2017

Rule 12.5(k) makes the entire record “relating to an investigation” of a person’s character or conduct exempt from disclosure. “Relating to” means “having a connection with or reference to,” and even if the names of persons investigated were redacted in the record, Rule 12.5(k) would permit withholding the entire record because the record relates to an investigation.

17-023

11/17/2017

A sheriff's office is not a judicial agency subject to Rule 12.

17-020

11/29/2017

Records created by Rule 12 special committees and their attorneys are related to the special committees' adjudicative functions and are not subject to Rule 12.

17-019

11/29/2017

Respondent provided all documents responsive to Petitioner’s request.

17-018

11/27/2017

Procedures regarding how a court processes its cases pertain to a court’s adjudicative function and are not judicial records within the meaning of Rule 12. 

17-017

09/28/2017

Documents prepared by Respondent’s staff analyzing claims in cases filed with Respondent pertain to Respondent’s adjudicative function and are not “judicial records” subject to Rule 12.

17-016

10/17/2017

The special committee was unable to conclude that the records responsive to the request would interfere with an investigation and Respondent did not raise and the committee was not aware of any specific provisions that would protect the records at issue in the appeal from disclosure.

17-015

10/02/2017

If a record does not exist, the Respondent’s inability to produce the record is not a denial of access to judicial records under Rule 12.  Rule 12 provides procedures for responding to requests when judicial records are available. It is silent regarding the duty or procedure to respond when a requested record does not exist. It is helpful to inform requestors that the records they are seeking do not exist; but Rule 12 does not require it.

17-014

09/27/2017

Respondent complied with Rule 12 when it mailed Petitioner a hard copy of the document responsive to Petitioner’s request. 

17-013

09/22/2017

Respondent demonstrated that it had responded to Petitioner’s request within the time required by Rule 12, and after obtaining additional information from the petition for review provided Petitioner with documents responsive to the request.  Accordingly, the issue in the appeal is moot and the petition is denied.

17-012

09/13/2017

Traffic citations are records that are created, produced and filed in connection with cases that have been before Respondent and are not “judicial records” that are subject to Rule 12.

17-011

09/08/2017

Employee status forms and employee termination information sheets for employees who received notices of proposed adverse action during a specific time period and retired, resigned, or were terminated from employment “have a connection with or reference to an investigation of the employee’s character or conduct” and are exempt from disclosure under Rule 12.5(k).

17-010

09/06/2017

Notes added to case files are records created in connection with a matter that is or has been before a court and are not “judicial records” subject to Rule 12.

17-009

06/19/2017

A court, judicial agency, or records custodian is not required to respond to or to comply with a request for a judicial record from or on behalf of an individual who is imprisoned or confined in a correctional facility.

17-008

08/16/2017

Oral arguments heard by Respondent pertain to Respondent’s adjudicative function and are not “judicial records” subject to Rule 12.

17-007

08/02/2017

Records created in connection with a case pending with Respondent are not “judicial records” subject to Rule 12; requests for copies of all purchases made by Respondent’s clerk are overly broad and fail to identify the records Petitioner seeks; copies of requests previously submitted by Petitioner are not overly broad and are not exempt from disclosure.

17-006

07/17/2017

A document prepared by Respondent's staff analyzing claims in a case filed with Respondent pertains to Respondent's adjudicative function and is not a judicial record as defined by Rule 12.

17-005

07/18/2017

Records created and filed in connection with a specific court case are not "judicial records" and are not subject to Rule 12; however, judges are reminded that the public has a right to inspect and copy them.

17-004

06/20/2017

Telephone bills are judicial records under Rule 12; a judicial officer who receives a request for a judicial record not in his or her custody must attempt to ascertain who the records custodian is and refer the request to that person.

17-003

06/20/2017

Telephone bills are judicial records under Rule 12; a judicial officer who receives a request for a judicial record not in his or her custody must attempt to ascertain who the records custodian is and refer the request to that person.

17-002

05/24/2017

Records created, produced, and filed in connection with a specific court case are not “judicial records” and are not subject to Rule 12.  Additionally, if the requested information is available in a record that can be provided to Petitioner, Respondent should advise Petitioner so that Petitioner can request the appropriate record.

17-001

05/22/2017

Records created, produced, and filed in connection with a specific court case are not “judicial records” and are not subject to Rule 12.  Additionally, judge should have referred the request to proper custodian.

16-024

03/07/2017

Records related to a probationer in a case file maintained by a probation officer who supervises probationers are records that are created, produced or filed in connection with criminal cases that have been before the court that placed the probationer under community supervision, therefore, they are not “judicial records” and are not subject to Rule 12.

16-023

03/08/2017

Records created and filed in connection with a specific court case are not “judicial records” and are not subject to Rule 12.

16-022

01/26/2017

Records created, produced, and filed in connection with a specific court case are not “judicial records” and are not subject to Rule 12.

16-021

01/26/2017

Records created, produced, and filed in connection with a specific court case are not “judicial records” and are not subject to Rule 12.

16-019;    16-020

01/23/2017

An inquiry is not a request for records, so the panel is without authority to address Respondent’s failure to respond; records created, produced, and filed in connection with a specific court case are not “judicial records” and are not subject to Rule 12.

16-018

03/08/2017

Records that reflect the time that the judge left his office on one specific date including but not limited to calendar entries, computer usage records, computer log-in and log-out records, emails opened or sent, phone calls received or made, and security pass data for the judge’s garage door and elevator door, if they exist, are not exempt from disclosure under Rule 12.5(b) or (i); however, the special panel notes that its decision was reached without the benefit of reviewing the responsive records and cannot ensure that they are not exempt from disclosure.

16-017

11/30/2016

Records related to a probationer in a case file maintained by a probation officer who supervises probationers are records that are created, produced or filed in connection with criminal cases that have been before the court that placed the probationer under community supervision, therefore, are not “judicial records” and are not subject to Rule 12; records that evaluate the performance of a community supervision officer are confidential and should be withheld under Rule 12.5(i); the redacted information submitted for in camera review, except for two noted items, is  exempt from disclosure under Rule 12.5(c) and (k); neither the fact that a record is not subject to Rule 12 nor a decision making this determination should be used as a basis for withholding records.

16-016

11/29/2016

Records related to a probationer in a case file maintained by a probation officer who supervises probationers are records that are created, produced or filed in connection with criminal cases that have been before the court that placed the probationer under community supervision, therefore, are not “judicial records” and are not subject to Rule 12; records that evaluate the performance of a community supervision officer are confidential and should be withheld under Rule 12.5(i); the redacted information submitted for in camera review, except for two noted items, is  exempt from disclosure under Rule 12.5(c) and (k); neither the fact that a record is not subject to Rule 12 nor a decision making this determination should be used as a basis for withholding records.

16-015

12/06/2016

Records created and filed in connection with a specific court case are not “judicial records” and are not subject to Rule 12.

16-014

11/10/2016

Rule 12 does not require: that certified copies be provided to a requestor; that a record be created responsive to an information request; any form of authentication or certification of records; that the records be provided in a specific format; a document be altered to fit the purposes of the requestor.

16-013

10/25/2016

Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12.

16-012

10/05/2016

Respondent is not required to create records responsive to an information request; records that are created, produced and filed in connection with matters that are or have been before a court are not "judicial records" and are not subject to Rule 12.

16-011

06/13/2016

Reports required to be submitted to OCA containing the total number of juvenile and minor cases by offense type do not pertain to the court's adjudicative function and are subject to Rule 12; the remaining information requested by Petitioner consists of case records that are not subject to Rule 12.

16-010

06/07/2016

Respondent is not required to create records responsive to an information request; the panel is unable to make a determination regarding a record's exemption without reviewing the record. 

16-009

06/06/2016

Lists of persons who have requested or have been ordered to take driver's safety class pursuant to Art. 45.01 of the Code of Criminal Procedure are case records, and the special panel is without authority to issue a decision in matters involving case records.

16-008

06/01/2016

Respondents complied with Petitioner's requests for information that is subject to Rule 12; the questions submitted to Respondents are not requests for judicial records that are subject to Rule 12.

16-007

04/29/2016

Respondent did not have records responsive to request; a records custodian may be subject to sanctions under the Code of Judicial Conduct for knowingly failing to comply with Rule 12.

16-006

04/25/2016

Requested records – which were submitted for an in camera inspection -- are judicial records, but only one of the records is not exempt under Rule 12.5(a) or (f); the remainder of the documents are exempt from disclosure under Rule 12.5(f) or are not responsive.

16-005s

12/06/2016

The special panel is without authority to consider a motion to rehear or an appeal of a Rule 12 decision.  The panel emphasizes that any record connected to a case that is or has been before a court is exempt from Rule 12.

16-005

04/04/2016

Records related to the maintenance of a list of attorneys who are eligible for appointment under a county's Fair Defense Act plan are related to a judge's adjudicative function and are not subject to Rule 12. 

16-004

03/16/2016

Respondent does not have any responsive records.

16-003

03/16/2016

Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12.

16-002

03/17/2016

Records submitted for in camera review are exempt from disclosure under Rule 12.5(b) and (f).

16-001

03/17/2016

Reports created for a specific purpose not intended for public view but that include types of information that is available in publicly available reports must be released; records created on a stenographic recorder in the courtroom that also are judicial records subject to Rule 12, i.e., not related to the court's adjudicative function, are the records of the judge of the court in which the machine was used.

15-018

02/18/2016

While personnel records are administrative records of an agency that do not pertain to its adjudicative function and therefore are subject to Rule 12, some of the requested records are related to applicants for employment and therefore are exempt under Rule 12.5(e); other of the requested records are related to a pending EEOC complaint and therefore are exempt under Rule 12.5(j).

15-017

01/22/2016

Records related to the cases filed in the county's district and civil courts and action taken by the grand jury are case records and they are not covered under Rule 12.

15-016

01/05/2016

Matters related to a court's adjudicative function are not subject to Rule 12; some of the records submitted for review were not created, produced or filed in connection with a case, are not judicial work products and drafts, and do not pertain to internal deliberations on court or judicial administration matters and should be released. 

15-015

11/30/2015

A record that contains exempt information is not exempt in its entirety and the proper response is to redact exempt information prior to release: Requested video recordings that contain footage of non-public areas of a building should be redacted and the remainder of the recording released, unless the remaining portions of the video are determined to be exempt by the Special Committee under Rule 12.5(b).

15-014s

10/21/2015

Special Committee asks Respondent to refer Petitioner to additional possible custodian of requested records that Special Committee learned of after initial decision was issued.

15-014

10/13/2015

Under Rule 12, a Respondent is not required to create records responsive to an information request nor is it required to refer an information request to an entity that is not subject to Rule 12.

15-013

10/28/2015

A records custodian is not required to create a record to respond to Petitioner's request.

15-012

10/26/2015

Vouchers submitted for payment by court-appointed attorneys are records that are created, produced and filed in connection with matters that are or have been before a court and therefore are not "judicial records" that are subject to Rule 12. 

15-011

10/13/2015

Texas Center for the Judiciary, a non-profit corporation, is not a judicial agency subject to Rule 12.

15-010

10/07/2015

Requested records related to the administration of a court's grand jury; therefore, they are part of a court's adjudicative function and are not subject to Rule 12.

15-009

09/29/2015

Records maintained by the Judicial Branch Certification Commission related to the investigation and resolution of complaints filed with the Commission are not judicial records subject to Rule 12.

15-008

09/07/2015

Investigative file of Commission on Judicial Conduct not "judicial records."

15-007

07/06/2015

Communication requesting the review of court appointment vouchers relates to the investigation of a person's conduct and is exempt from disclosure under Rule 12.5(k).

15-006

07/06/2015

Records that are created, produced and filed in connection with matters that are or have been before a court are not "judicial records" and are not subject to Rule 12.

15-005

07/06/2015

Respondent had already provided Petitioner all existing documents responsive to Petitioner's request. Also, a records custodian is not required to create a record to respond to Petitioner's request. 

15-004

07/02/2015

Records regarding the cost of a transcript in a specific case are created in connection with a case or matter that has been before a court are not "judicial records" and are not subject to Rule 12.

15-003

05/12/2015

Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12.

15-002

05/12/2015

Records related to cases involving parents and non-juvenile defendants in truancy cases filed with the court pertain to a court’s adjudicative function and are not “judicial records”’; records created by the courts for the purpose of reporting aggregate statistical information to OCA are subject to Rule 12 and are not exempt from disclosure.

15-001

03/19/2015

Two of the three records submitted for in camera review are exempt from disclosure under Rule 12.5(b) and (f); the third record is not exempt from disclosure.

14-005

12/16/2014

Docket sheets are case records that are not subject to Rule 12.

14-004

10/10/2014

Audio recording required to be produced at a hearing in response to a subpoena duces tecum is not a “judicial record” subject to Rule 12.

14-003

07/23/2014

Records pertain to the court’s adjudicative function and therefore are not subject to Rule 12; additionally, records pertain to the court’s internal deliberations on court or judicial administration matters and therefore would be exempt under Rule 12.5(f).

13-010

01/07/2014

Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12.

13-008

12/19/2013

The release of records relating to the investigation of a person’s character or conduct, unless requested by the person under investigation and barring impairment of the investigation, is exempted by Rule 12.5(k). Accordingly, the appeal is denied.

13-006,
13-007

10/22/2013

There being no records responsive to the requests, the appeal is denied; Petitioner’s requests fail to reasonably identify the requested records; Petitioner’s requests are for information that is not judicial records under Rule 12; Petitioner’s requests are for information that is personal and family information and is not subject to Rule 12; requested records have been addressed in prior Rule 12 appeals submitted by Petitioner; a judge who receives a request for records not in his custody must forward the request to the proper records custodian and notify the Petitioner in writing.

13-005

10/09/2013

Copies of documents related to Petitioner’s involvement in a crime he had reported to a police detective pertain to the court’s adjudicative function; therefore, they are not judicial records and are not subject to Rule 12.

13-004

09/10/2013

Traffic citation data related to a municipal court’s case records pertain to the municipal court’s adjudicative function; therefore, they are not judicial records and they are not subject to Rule 12.

13-003

10/03/2013

There being no records responsive to the request, the appeal is denied

13-002

09/27/2013

The recording of a video teleconference hearing held in a district court pertains to the court’s adjudicative function; therefore, it is not judicial records and is not subject to Rule 12.

13-001

08/20/2013

Citations and dispositions related to a municipal court’s case records pertain to the municipal court’s adjudicative function; therefore, they are not judicial records and are not subject to Rule 12.

12-014

12/21/2012

Requested records have been addressed in prior Rule 12 appeals submitted by Petitioner, all of which were untimely filed or failed to reasonably identify the requested records, and will not be addressed again; records that document vacation leave pertain to a court's administrative function and are judicial records; a judge who receives a request for records not in his custody must forward the request to the proper records custodian and notify the Petitioner in writing.

12-012

11/12/2012

Records that verify the race and ethnicity of random felony cases filed by a DA's office during a certain time period comprise part of the report used by a court to determine whether an accused will comply with the conditions of a personal bond; as such, the records are created in connection with criminal matters before the courts and are not judicial records subject to Rule 12.

12-011

10/10/2012

Petitioner’s request fails to reasonably identify the requested records.

12-010

09/28/2012

A judicial officer who receives a request for records not in the judicial officer’s custody, but in the custody of a records custodian known to the judge, must forward the request to the proper records custodian.

12-009

09/17/2012

The appeal of one of the denied requests was untimely; another request failed to identify the requested records. Records regarding a judge’s financial investments, side business, retirement account, political campaign donations and election costs are not maintained by or for a court or judicial agency in its regular course of business.

12-008

09/17/2012

The appeal of one of the denied requests was untimely; the other request failed to reasonably identify the requested records.

12-007

10/15/2012

The requests seek an explanation regarding certain events and documents related to a case filed with the Court and, to the extent that any records are responsive, they are case records that are not covered under Rule 12.

12-006

10/01/2012

Records related to Petitioner’s complaint and orders or judgments regarding a city ordinance pertain to the court’s adjudicative function and therefore are not subject to Rule 12; the primary significance of a decision finding that a records is not subject to Rule 12 is that Rule 12 procedures for responding to requests and appealing the denial of a request do not apply; neither the fact that a record is not subject to Rule 12 nor a decision making this determination should be used as a basis for withholding records

12-004

08/28/2012

Records regarding the creation and implementation of and necessity for an Alcohol Concentration Stipulation and Verification form are exempt from disclosure under Rule 12.5(f).

12-003

08/09/2012

Information contained in a completed juror questionnaire is confidential by state statute and is, therefore, exempt from disclosure under Rule 12.5(i).

12-001

05/30/2012

Audio recordings of a specific court hearing are case records, not judicial records, and therefore are not subject to Rule 12.

11-017

02/29/2012

Personal cellular phone bills do not have to be released to the public in order to prove that they are not paid for with public funds; the release of information that reveals personal, non-business related appointments or events, constitutes an invasion of personal privacy; statements about leave or documentation about appointments or events that are in the judge's regular course of business do not constitute an invasion of personal privacy and these records are not exempt under Rule 12.5(h) unless they reflect appointments or engagements that are in the future; the release of basic leave information or a notation that a person is "out," without additional details, does not constitute an invasion of personal privacy and these records are subject to disclosure.

11-016

02/16/2012

The disclosure of calendar entries indicating a judge's personal, non-business related appointments and events constitutes an invasion of personal privacy and is exempt from disclosure under Rule 12.5(h); however, the release of calendar entries indicating that a judge or his employees are "out" or on "vacation" without additional details does not constitute an invasion of personal privacy and this information is not exempt from disclosure unless it is for a future appointment. The release of notes regarding appointments related to a judge's or court's regular course of business, such as appointments that reflect meetings with other judges, does not constitute an invasion of personal privacy and this information is not exempt from disclosure. Respondent did not knowingly fail to comply with Rule 12; therefore, sanctions under Rule 12.10 would not be appropriate.

11-015

01/17/2012

Appeal was not timely because Respondent had previously denied a request submitted by Petitioner for similar information, and Petitioner did not appeal that denial; records related to the subject of a pending Equal Employment Opportunity Commission complaint are exempt from disclosure under Rule 12.5(j).

11-014

01/18/2012

Appeal was not timely because Respondent had previously denied a request submitted by Petitioner for similar information, and Petitioner did not appeal that denial; records related to the subject of a pending Equal Employment Opportunity Commission complaint are exempt from disclosure under Rule 12.5(j).

11-013

01/06/2012

Court recorders logs and records associated with events shown on the Register of Actions for a specific case pending in a court are case records, not judicial records, and therefore are not subject to Rule 12.

11-012

11/01/2011

Requested records are not judicial records under Rule 12 because they are maintained by the State Bar of Texas, a judicial agency whose records are expressly made subject to Chapter 552 of the Government Code; Respondent not required to comply with the provisions of Rule 12.6(f) because the requested records are not judicial records subject to Rule 12.

11-011

11/01/2011

Records related to persons who have requested or been ordered to take a driver's safety course are case records, not judicial records as defined by Rule 12.2(d).

11-010

09/13/2011

A communication from a judge regarding the submission to a district clerk's office of a document that purports to be an application for writ of habeas corpus is a case record, not a judicial record, and therefore the record is not covered under Rule 12.

11-009

08/23/2011

Request that was delivered to the court coordinator, who then forwarded it to the judge of the court -- the actual records custodian -- should be treated as a Rule 12 request; bills for cellular phone service used by court staff and paid for, in whole or in part, with public funds are judicial records subject to Rule 12; information on a phone bill that reflects a person's home or personal telephone number or family members' names is exempt from disclosure; calendars that are made for the purpose of assisting the court in scheduling court hearings and other office duties are judicial records under Rule 12 and are available to the public subject to Rule 12.5 exemptions; a record that contains exempt information is not exempt in its entirety and the proper response is to redact exempt information prior to release; records that discuss a judge's personal appointments or where a judge or his staff vacation are not judicial records that are subject to Rule 12.

11-008

08/08/2011

Estimated rate for labor costs is not unreasonable and estimated time to compile records and complete request may be reasonable depending on the number of responsive records and the operations of the court.

11-007

07/25/2011

Investigative file of Commission on Judicial Conduct not "judicial records."

11-005

06/13/2011

Criminal history reports submitted to the PSRB as part of the application process are exempt from disclosure under Rule 12.5(i) and Rule 12.5(k).

11-004

05/19/2011

Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12.

11-001

03/08/2011

Rule 12 does not apply to the State Bar of Texas, a judicial agency whose records are expressly made subject to the Public Information Act.

10-017

02/03/2011

The requested records relate to a case filed in Respondent's court. Thus, they are case records, not judicial records, and therefore are not subject to Rule 12.

10-016

12/28/2010

Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12.

10-015

10/25/2010

A receipt for court costs and fees associated with a case filed in justice court is a case record and is not subject to Rule 12.

10-014

10/06/2010

Records related to the security measures taken at a PSRB meeting containing information that, if released, would jeopardize the security of an individual against physical harm, and information and discussions regarding security procedures and plans of the PSRB are exempt from disclosure under Rule 12.5(b).

10-013

09/28/2010

Members of the Process Server Review Board are volunteers and their applications for membership on the PSRB are exempt from disclosure under Rule 12.5(e).

10-012

09/28/2010

Records related to a complaint filed with the Process Server Review Board are not judicial records as defined by Rule 12.

10-011

07/20/2010

Docket sheets are case records that are not subject to Rule 12; judicial calendar is a judicial record; calendar entries that are exempt under Rule 12.5(h) or other Rule 12 exemptions should be redacted prior to release.

10-010

07/19/2010

Ticket associated with a case filed in justice court is a case record and is not subject to Rule 12.

10-009

06/24/2010

Respondent made a good faith effort to reply to request for records but was unsuccessful due to a technical email malfunction; records related to a case are not "judicial records" as defined by Rule 12.2(d).

10-008

06/04/2010

Performance evaluations are not exempt from disclosure, but information in the evaluations that mentions family members of a judge or complaints filed with the Judicial Conduct Commission may be withheld under Rule 12.5(d) and Rule 12.5(i).

10-007

05/18/2010

Respondent made a good faith effort to reply to request for records but was unsuccessful due to a technical email malfunction; records related to a case are not "judicial records" as defined by Rule 12.2(d).

10-006

04/20/2010

A police department is not a judicial agency within the meaning of Rule 12.

10-004

04/26/2010

District clerk's office is a judicial agency covered by Rule 12; district clerk's escrow and minor account bank statements are case records and Rule 12 does not apply to them.

10-003

03/03/2010

A records custodian is not required to create a record, other than to print information stored in a computer.

10-002

04/05/2010

Requested records are exempt from disclosure under Rule 12.5(a), (d), (f), (h), and (i) of the Rules of Judicial Administration; a record containing both exempt and non-exempt information should be redacted, not withheld in its entirety; Gov't Code Sec. 552.262 providing for an extension of time for providing documents from the date a deposit or bond is made does not apply to requests that are covered by Rule 12; Rule 12.10 sanctions can only be issued against a records custodian.

10-001

03/22/2010

Records related to the investigation and resolution of a complaint by a judicial agency pertain to the agency's adjudicative function and thus are not judicial records as defined by Rule 12.

09-006

01/15/2010

Internal administration rules related to how a court processes cases for disposition and regulating the method by which cases pending in a court are decided pertain to the court's adjudicative function and are not "judicial records"; case routing slips not "judicial records."

09-005

12/15/2009

Record created by a judge in his individual capacity and not maintained by his court in its regular course of business is not a "judicial record."

09-004

09/08/2009

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

03/13/2009

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

03/17/2009

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

02/27/2009

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

02/13/2009

Complaint files of the State Commission on Judicial Conduct are exempt from disclosure.

08-006

02/02/2009

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

10/13/2008

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

10/27/2008

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

08/29/2008

Document properly withheld because it did not contain the information requested.

08-002

09/02/2008

Judicial records that relate to the administrative processes of a municipal court should be disclosed.

08-001

07/10/2008

Appeal that was filed incorrectly and untimely is dismissed.

07-006

11/09/2007

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

07/14/2007

Records of financial disclosures, licensing, continuing education, and other credentials of elected judges are judicial records that must be disclosed.

07-004

07/13/2007

Investigative file of Commission on Judicial Conduct not "judicial records" and contents of file are exempt from disclosure.

07-003

06/01/2007

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

05/03/2007

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

02/09/2007

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

11/14/2006

Investigative file of Commission on Judicial Conduct not "judicial records" and contents of file are exempt from disclosure.

06-003

10/13/2006

Cost assessment for copies proper under Rule 12.7 and Texas Administrative Code.

06-001

04/07/2006

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

02/13/2006

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

02/10/2006

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

01/05/2006

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

03/07/2005

Texas Center for the Judiciary, a non-profit corporation, is not a judicial agency subject to Rule 12.

04-004

09/21/2004

Contents of Judicial Conduct Commission investigative files exempt from disclosure.

04-003

09/17/2004

Records related to expunction of attorney disciplinary records were matters before the Supreme Court and thus not "judicial records."

04-002

09/01/2004

Contents of Judicial Conduct Commission complaints files exempt from disclosure.

03-008

01/23/2004

Investigative file of Commission on Judicial Conduct not "judicial records."

03-006

10/21/2003

Custodians of judicial records provided required access.

03-005

10/16/2003

Docket sheets of a municipal court are not judicial records.

03-004

08/18/2003

Records related to municipal court cases are not judicial records.

03-003

08/18/2003

Misdemeanor convictions are not judicial records.

03-002s

08/18/2003

Portions of complaints that reflect confidential information should be withheld.

03-002

07/16/2003

Copies of complaints filed against a municipal judge are open.

03-001

04/24/2003

Access to inquest records governed by statutory law, not Rule 12.

02-005

12/23/2002

Traffic citations not "judicial records."

02-004

11/06/2002

Oaths of office and anti-bribery statements not in judge's custody.

02-003

06/28/2002

Records of administrative judge "intended to instruct, assist or guide judges in the exercise of their contempt power" are "judicial records".

02-002

06/17/2002

Traffic citation records not "judicial records."

02-001

06/07/2002

Judge who did not have records relating to investigation and consultation should have attempted to determine custodian and notified requestor.

01-005

11/02/2001

Investigative file of Commission on Judicial Conduct not "judicial records."

01-003

06/22/2001

Trial record in court of appeals not "judicial records."

01-002

07/19/2001

Investigative file of Commission on Judicial Conduct not "judicial records."

01-001

05/31/2001

Appeal not timely from denial of access to judicial records of county community supervision and corrections department.

00-007

12/19/2000

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

10/25/2000

Visiting judge records were "judicial records;" judge did not refer request to proper custodian.

00-005

10/23/2000

Records of associate judge retention committee were "judicial records," but were exempt from disclosure.

00-003

04/27/2000

Names of individuals on community supervision/probation in eight counties are not "judicial records."

00-002

04/10/2000

Records custodian not required to respond to request from prisoner.

00-001

02/07/2000

Traffic citation records not "judicial records."

99-002

01/14/2000

"Judicial records" of unauthorized practice of law committee were exempt from disclosure.

99-001

08/31/1999

"Judicial records" of unauthorized practice of law committee were exempt from disclosure.