January 3, 2012

Mr. Samuel B. Katz

Chief Appellate Prosecutor

Comal County Criminal District Attorney's Office

150 North Seguin Avenue, Suite 307

New Braunfels, Texas 78130

OR2012-00050

Dear Mr. Katz:

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# 441053 (File # 11-OR-92).

The Comal County Juvenile Probation Department (the "department") received a request for all information pertaining to a named individual. You assert the requested information is not subject to the Act. In the alternative, you claim that the submitted information is excepted from disclosure under sections 552.101, 552.130, and 552.147 of the Government Code. We have considered your arguments and reviewed the submitted information.

We note the Act generally requires the disclosure of information maintained by a "governmental body." See Gov't Code § 552.021. The Act's definition of a "governmental body" specifically excludes "the judiciary." See id. § 552.003(1) (A), (B). In Open Records Decision No. 646, this office determined that specific records regarding individuals on probation and subject to the direct supervision of a court that are held by a community supervision and corrections department are not subject to the Act because such records are held on behalf of the judiciary. Open Records Decision No. 646 at 4 (1996); see Open Records Decision No. 236 at 2-3 (1980).

You assert the requested juvenile probation file information is held by the department as a result of its role as a function of the judiciary. Upon review, we agree the requested records are held by the department on behalf of the judiciary and are not subject to disclosure under the Act. See ORD 646 at 2-3; Benavides v. Lee, 665 S.W.2d 151 (Tex. App.-San Antonio 1983, no writ) (in determining whether governmental entity falls within judiciary exception, this office looks to whether governmental entity maintains relevant records as agent of judiciary with regard to judicial, as opposed to administrative, functions). As our ruling is dispositive, we need not address your arguments against disclosure.

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, toll free at (888) 672-6787.

Sincerely,

Cynthia G. Tynan

Assistant Attorney General

Open Records Division

CGT/ag

Ref: ID# 441053

Enc. Submitted documents

c: Requestor

(w/o enclosures)

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer