April 27, 2001

Mr. Edwin E. Powell, Jr.
County Attorney
Coryell County
P.O. Box 796
Gatesville, Texas 76528

OR2001-1734

Dear Mr. Powell:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 146523.

The Justice of the Peace of Coryell County received a request for a provisional autopsy report. You claim that the requested information is excepted from disclosure under one of the exceptions listed in the Act. We note, however, that the Act does not apply to records maintained by or for the judiciary. See Gov't Code §§ 552.003(1)(B), 552.0035. Thus, you need not release the provisional autopsy report in response to this open records request.

You also ask whether the law requires the release of an autopsy report that is not a final autopsy report. The Open Records Division is not authorized to issue opinions on questions of law that are outside the scope of an open records request. See Gov't Code § 552.306. However, because you are authorized to request an opinion from the attorney general under section 402.043 of the Government Code, we have, as a courtesy to you, forwarded your question to the Opinions Committee.

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling.

Sincerely,

Stephen P. Agan
Assistant Attorney General
Open Records Division

SPA/seg

Ref: ID# 146523

Encl. Submitted documents

cc: Ms. Erin Koenig
Staff Writer
The Examiner
470 Orleans Street, Suite 1006
Beaumont, Texas 77701
(w/o enclosures)

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