March 30, 2012

Ms. Laura W. Holder

Assistant County Attorney

Henderson County

100 East Tyler Street, Room 100

Athens, Texas 75751

OR2012-04678

Dear Ms. Holder:

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# 449689.

The Henderson County Community Supervision & Corrections Department (the "department") received two requests for information concerning the probation records of a named individual. You argue the requested information consists of records of the judiciary and thus, is not public information subject to the Act. We have considered your argument.

The Act is applicable to information "collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by a governmental body." Gov't Code § 552.002(a)(1). However, the Act's definition of "governmental body" "does not include the judiciary." Id. § 552.003(1)(B). In Open Records Decision No. 646 (1996), this office determined a community supervision and corrections department is a governmental body for purposes of the Act, and its administrative records, such as personnel files and other records reflecting the day-to-day management of the department, are subject to the Act. ORD 646 at 5; see also 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). In contrast, specific records held by a community supervision and corrections department concerning individuals who are on probation and subject to the direct supervision of a court are not subject to the Act, as such records are held on behalf of the judiciary. ORD 646 at 5. You state the request for the named individual's probation records was directed to a probation officer for the department and "these records are judiciary in nature." Based on these representations, we conclude the requested probation records are maintained by the department as an agent of the judiciary, they consist of records of the judiciary, and they are not subject to release under the Act. Accordingly, the requested information need not be released in response to this request.

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,

Neal Falgoust

Assistant Attorney General

Open Records Division

NF/ag

Ref: ID# 449689

c: Requestor

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