in Houston, Texas
City of Arlington, Sullo & Bobbitt law firm tussle over records: Courthouse News Service
Monday, Jun 21, 2010, 01:37PM CST
By Lee Ann O'Neal

Courthouse News Service has an item today on a dispute between the city of Arlington and a law firm over access to criminal records:

The City of Arlington and its presiding judge are restricting public access to criminal records, a law firm claims in Tarrant County Court. Sullo & Bobbitt PLLC claims the problem began when "Arlington 'moved' all of its criminal records to control by the municipal court ... declaring the information to be 'information of the judiciary.'" ...
(A letter from the city and its presiding judge) told Sullo & Bobbitt that if wanted to see a criminal record, it had to "inspect paper case records 'one case at a time,'" according to the complaint.
gavel
  It will be interesting to see how this shapes up, but in the meantime, here are a few sources on the issue at the heart of this dispute. The standards of public information that apply to governments in Texas do not apply to the judicial branch. The courts are supposed to abide by the Texas Rules of Judicial Administration in determining public access; city councils, mayors, school districts and other governments fall under the Texas Public Information Act.
 
More reading on that topic is available here.
 
Contact Lee Ann O'Neal at 713-980-9777 or leeann@texaswatchdog.org.
 
Photo of a gavel by flickr user steakpinball, used via a Creative Commons license.
Comments
JD
Monday, 06/21/2010 - 09:38PM

The Texas Rules of Judicial Administration do not apply to court "case records." Common law/constitutional law governs court case records. I was happy to hear of this lawsuit at first, but after reading the petition, for the most part is rather moot -- perhaps brought to self-censor.

SamJ
Tuesday, 08/10/2010 - 04:19PM

The law firm wants the records so they can get citizen's names, addresses, and other information so they can mail letters to them soliciting business. Most people would call that ambulance chasing.

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