Open Records Rule 12: A TMCEC Webinar

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Open Records/Rule 12A TMCEC Webinar
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• Ted Wood, Special Counsel for Trial Courts,
  Office of Court Administration

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Sources of Law Regarding Public Records
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• Public Information Act (PIA)
• Rule 12
• Texas Rule of Civil Procedure 76A
• Common Law Right of Access
• Specific Laws on Specific Documents
• Accident Reports
• Juror Information Sheets
• Affidavits in Support of Search Warrants
• Arrest Warrants or Affidavits in Support

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Other Public Records Issues
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• Confidentiality
• Cost

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Scenario
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• You receive a request for ALL traffic
  citations written by Officer Smith in the last
  two years.

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• Public Information Act does NOT apply.

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Records of the Judiciary
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• Judicial Records
• Court Case Records

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• A judicial record is a record made or
  maintained by a court or judicial agency in its
  regular course of business but not pertaining to
  its adjucative 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.

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Common Law Right of Access to Court Records
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• Nixon v. Warner Communications, Inc., 435 U.S.
  589 (1978)

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Social Security Numbers
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• Social Security Numbers and related records that
  are obtained or maintained by authorized persons
  pursuant to any provision of law enacted on or
  after October 1, 1990, shall be confidential, and
  no authorized person shall disclose any such
  social security account number or related record.
• 42 U.S.C. Sec. 405(c)(2)(C)(viii)(I)(2003)

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What records must contain social security numbers?
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• Section 543.201, Transportation Code
• (Commercial Drivers License)

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• REDACTION

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• COSTS