February 27, 2009

Ms. Sue Ann Gregory

Assistant Criminal District Attorney

Bexar County

300 Dolorosa, Suite 4049

San Antonio, Texas 75205

OR2009-02587

Dear Ms. Gregory:

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# 335975.

The Bexar County District Clerk (the "clerk") received a request for the clerk's procedure "whereby corporations that are indicted are handled by [the clerk]." You claim the requested information is excepted from disclosure under section 552.103 of the Government Code. We have considered the exception you claim and reviewed the submitted information. We have also received and considered comments submitted by the requestor. See Gov't Code § 552.304 (interested party may submit comments stating why information should or should not be released).

The Act only applies to information that is "collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by a governmental body." Id. § 552.002(a)(1). The Act does not apply to records of the judiciary. See id. § 552.003(1)(B) (definition of "governmental body" under Act specifically excludes the judiciary). Information that is "collected, assembled or maintained by or for the judiciary" is not subject to the Act. Id. § 552.0035(a); see also Tex. Sup. Ct. R. 12. Consequently, records of the judiciary need not be released under the Act. See Attorney General Opinion DM-166 (1992). But see Benavides v. Lee, 665 S.W.2d 151 (Tex. App.--San Antonio 1983, no writ); Open Records Decision No. 646 at 4 (1996) ("function that a governmental entity performs determines whether the entity falls within the judiciary exception to the . . . Act."). In this instance, the requestor submitted a written request to the clerk for a record the clerk maintains for the District Courts of Bexar County. Thus, we find the submitted summons is a record of the judiciary. Accordingly, the clerk need not release the submitted document in response to the present request. ⁽¹⁾

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General at (512) 475-2497.

Sincerely,

Amy L.S. Shipp

Assistant Attorney General

Open Records Division

ALS/jb

Ref: ID# 335975

Enc. Submitted documents

cc: Requestor

(w/o enclosures)

Footnotes

1. Because we find the Act is not applicable to the information at issue, we do not reach your argument against disclosure of this information.

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