Open Records Decision No. 247
August 28, 1980

Re:  Whether names and addresses of retired appellate judges are available to the public

Honorable Joseph N. Murphy, Jr.
Executive Director
Employees Retirement System
18th & Brazos
Austin, Texas  78711

Dear Mr. Murphy:

	You have requested our decision as to whether the names and addresses of retired 
appellate judges are available to the public under the Open Records Act, article 6252-
17a, V.T.C.S.

	Section 3(a)(1) of the act excepts from disclosure:

information deemed confidential by law, either Constitutional, 
statutory, or by judicial decision.

	Section 7 of article 6228k, V.T.C.S., provides:

	Records of all individual members and beneficiaries in the 
custody of statewide retirement systems are personnel records and 
are deemed to be confidential information under the provisions of 
Chapter 424, Acts of the 63d Legislature, Regular Session, 1973, as 
amended (article 6252-17a, Vernon's Texas Civil Statutes), except 
that information in the records may be transferred between statewide 
retirement systems to the extent necessary to administer the Act.

“Statewide retirement system” is defined by the statute to include “the Judicial 
Retirement System of Texas.”  V.T.C.S., art. 6228k, §1(1)(c).  See also article 6228b, 
V.T.C.S.

	Section 7 states that the records described therein constitute “personnel records.”  
Section 3(a)(2) of the Open Records Act, which excepts “information in personnel files, 
the disclosure of which would constitute a clearly unwarranted invasion of personal 
privacy,” is ordinarily not applicable to personnel information which reveals only names 
and addresses.  See Open Records Decision No. 169 (1977).  But section 7 is broader 
than mere personnel information.  It also specifically deems membership records in the 
custody of the Judicial Retirement System “to be confidential information” under the 
Open Records Act.  Thus, such records constitute “information deemed confidential by 
law.”  We note that in Open Records Decision No. 104 (1975), this office held that a 
similar provision in a predecessor statute of article 6228k prohibited the disclosure of 
teacher retirement system records.

	It is therefore our decision that the names and addresses of retired appellate 
judges, which information is in the custody of the Judicial Retirement System, are 
excepted from disclosure by section 3(a)(1) of the Open Records Act, as information 
deemed confidential by statutory law, specifically by section 7 of article 6228k.  We do 
not suggest, however, that some or all of the same information might be available from 
other sources.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

C. Robert Heath, Chairman
Jon Bible
Susan Garrison
Rick Gilpin
Bruce Youngblood