Overview
OCA RECORDS
The Office of Court Administration (OCA) is a judicial agency. As such, it is not subject to the Texas Public
Information Act nor to the federal Freedom of Information Act. Records held by the OCA are considered judicial
records, which are governed by Rule 12 of the Rules of Judicial Administration.
The custodian of records for OCA is its administrative director. Requests for information must be in writing,
must contain sufficient information to identify the record, and must be directed to:
Administrative Director
Office of Court Administration
P.O. Box 12066
Austin, Texas 78701
Appeals from denial of access to records are handled in the same manner as all other judicial records, as detailed
in the Overview section.
The Office of Court Administration (OCA) and the Texas courts themselves are part of the judicial branch of Texas government. The Public Information Act (PIA) does not apply to either the OCA or the courts.
Access to court case records is governed by common law, statutory law and court rules. Generally, the custodian of court case records is the clerk of the court. Neither the Office of the Texas Attorney General nor the OCA can consider appeals from denials of access to court case records.
Access to judicial records (records other than court case records) is governed by Rule 12 of the Rules of Judicial Administration. The custodian of judicial records is usually the judge of the court. In the case of judicial records held by the OCA, the Administrative Director of the OCA is the custodian of the records. A request to inspect or copy a judicial record must be in writing, must include sufficient information to identify the record, and must be directed to the custodian of the record. Appeals from denials of access to judicial records are to be filed with the Administrative Director of the OCA. Appeals are decided by a committee of presiding judges who issue written opinions explaining the committee's decision.
Rule 12 of the Rules of Judicial Administration
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Rule 12. Final Approval - Public Access to Judicial Records and of Canon 3(C)(5) of the
Code of Judicial Conduct
March 30, 1999. Typo corrected April 07, 1999 -
HTML format - This file contains the new version of Rule 12 only.
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PDF format - This file contains the new version of Rule 12 only.
| Decision No. | Date Issued | Summary of Decision |
|---|---|---|
|
12-014 PDF | HTML |
12-21-12 | Requested records have been addressed in prior Rule 12 appeals submitted by Petitioner, all of which were untimely filed or failed to reasonably identify the requested records, and will not be addressed again; records that document vacation leave pertain to a court's administrative function and are judicial records; a judge who receives a request for records not in his custody must forward the request to the proper records custodian and notify the Petitioner in writing. |
|
12-012 PDF | HTML |
11-12-12 | Records that verify the race and ethnicity of random felony cases filed by a DA's office during a certain time period comprise part of the report used by a court to determine whether an accused will comply with the conditions of a personal bond; as such, the records are created in connection with criminal matters before the courts and are not judicial records subject to Rule 12. |
|
12-011 PDF | HTML |
10-10-12 | Petitioner’s request fails to reasonably identify the requested records. |
|
12-010 PDF | HTML |
09-28-12 | A judicial officer who receives a request for records not in the judicial officer’s custody, but in the custody of a records custodian known to the judge, must forward the request to the proper records custodian. |
|
12-009 PDF | HTML |
09-17-12 | The appeal of one of the denied requests was untimely; another request failed to identify the requested records. Records regarding a judge’s financial investments, side business, retirement account, political campaign donations and election costs are not maintained by or for a court or judicial agency in its regular course of business. |
|
12-008 PDF | HTML |
09-17-12 | The appeal of one of the denied requests was untimely; the other request failed to reasonably identify the requested records. |
|
12-007 PDF | HTML |
10-15-12 | The requests seek an explanation regarding certain events and documents related to a case filed with the Court and, to the extent that any records are responsive, they are case records that are not covered under Rule 12. |
|
12-006 PDF | HTML |
10-01-12 | Records related to Petitioner’s complaint and orders or judgments regarding a city ordinance pertain to the court’s adjudicative function and therefore are not subject to Rule 12; the primary significance of a decision finding that a records is not subject to Rule 12 is that Rule 12 procedures for responding to requests and appealing the denial of a request do not apply; neither the fact that a record is not subject to Rule 12 nor a decision making this determination should be used as a basis for withholding records. |
|
12-004 PDF | HTML |
08-28-12 | Records regarding the creation and implementation of and necessity for an Alcohol Concentration Stipulation and Verification form are exempt from disclosure under Rule 12.5(f). |
|
12-003 PDF | HTML |
08-09-12 | Information contained in a completed juror questionnaire is confidential by state statute and is, therefore, exempt from disclosure under Rule 12.5(i). |
|
12-001 PDF | HTML |
05-30-12 | Audio recordings of a specific court hearing are case records, not judicial records, and therefore are not subject to Rule 12. |
|
11-017 PDF | HTML |
02-29-12 | Personal cellular phone bills do not have to be released to the public in order to prove that they are not paid for with public funds; the release of information that reveals personal, non-business related appointments or events, constitutes an invasion of personal privacy; statements about leave or documentation about appointments or events that are in the judge's regular course of business do not constitute an invasion of personal privacy and these records are not exempt under Rule 12.5(h) unless they reflect appointments or engagements that are in the future; the release of basic leave information or a notation that a person is "out," without additional details, does not constitute an invasion of personal privacy and these records are subject to disclosure. |
|
11-016 PDF | HTML |
02-16-12 | The disclosure of calendar entries indicating a judge's personal, non-business related appointments and events constitutes an invasion of personal privacy and is exempt from disclosure under Rule 12.5(h); however, the release of calendar entries indicating that a judge or his employees are "out" or on "vacation" without additional details does not constitute an invasion of personal privacy and this information is not exempt from disclosure unless it is for a future appointment. The release of notes regarding appointments related to a judge's or court's regular course of business, such as appointments that reflect meetings with other judges, does not constitute an invasion of personal privacy and this information is not exempt from disclosure. Respondent did not knowingly fail to comply with Rule 12; therefore, sanctions under Rule 12.10 would not be appropriate. |
|
11-015 PDF | HTML |
01-17-12 | Appeal was not timely because Respondent had previously denied a request submitted by Petitioner for similar information, and Petitioner did not appeal that denial; records related to the subject of a pending Equal Employment Opportunity Commission complaint are exempt from disclosure under Rule 12.5(j). |
|
11-014 PDF | HTML |
01-18-12 | Appeal was not timely because Respondent had previously denied a request submitted by Petitioner for similar information, and Petitioner did not appeal that denial; records related to the subject of a pending Equal Employment Opportunity Commission complaint are exempt from disclosure under Rule 12.5(j). |
|
11-013 PDF | HTML |
01-06-12 | Court recorders logs and records associated with events shown on the Register of Actions for a specific case pending in a court are case records, not judicial records, and therefore are not subject to Rule 12. |
|
11-012 PDF | HTML |
11-01-11 | Requested records are not judicial records under Rule 12 because they are maintained by the State Bar of Texas, a judicial agency whose records are expressly made subject to Chapter 552 of the Government Code; Respondent not required to comply with the provisions of Rule 12.6(f) because the requested records are not judicial records subject to Rule 12. |
|
11-011 PDF | HTML |
11-01-11 | Records related to persons who have requested or been ordered to take a driver's safety course are case records, not judicial records as defined by Rule 12.2(d). |
|
11-010 PDF | HTML |
09-13-11 | A communication from a judge regarding the submission to a district clerk's office of a document that purports to be an application for writ of habeus corpus is a case record, not a judicial record, and therefore the record is not covered under Rule 12. |
|
11-009 PDF | HTML |
08-23-11 | Request that was delivered to the court coordinator, who then forwarded it to the judge of the court -- the actual records custodian -- should be treated as a Rule 12 request; bills for cellular phone service used by court staff and paid for, in whole or in part, with public funds are judicial records subject to Rule 12; information on a phone bill that reflects a person's home or personal telephone number or family members' names is exempt from disclosure; calendars that are made for the purpose of assisting the court in scheduling court hearings and other office duties are judicial records under Rule 12 and are available to the public subject to Rule 12.5 exemptions; a record that contains exempt information is not exempt in its entirety and the proper response is to redact exempt information prior to release; records that discuss a judge's personal appointments or where a judge or his staff vacation are not judicial records that are subject to Rule 12. |
|
11-008 PDF | HTML |
08-08-11 | Estimated rate for labor costs is not unreasonable and estimated time to compile records and complete request may be reasonable depending on the number of responsive records and the operations of the court. |
|
11-007 PDF | HTML |
07-25-11 | Investigative file of Commission on Judicial Conduct not "judicial records." |
|
11-005 PDF | HTML |
06-13-11 | Criminal history reports submitted to the PSRB as part of the application process are exempt from disclosure under Rule 12.5(i) and Rule 12.5(k). |
|
11-004 PDF | HTML |
05-19-11 | Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12. |
|
11-001 PDF | HTML |
03-08-11 | Rule 12 does not apply to the State Bar of Texas, a judicial agency whose records are expressly made subject to the Public Information Act. |
|
10-017 PDF | HTML |
02-03-11 | The requested records relate to a case filed in Respondent's court. Thus, they are case records, not judicial records, and therefore are not subject to Rule 12. |
|
10-016 PDF | HTML |
12-28-10 | Records related to a specific court case are case records, not judicial records, and therefore are not subject to Rule 12. |
|
10-015 PDF | HTML |
10-25-10 | A receipt for court costs and fees associated with a case filed in justice court is a case record and is not subject to Rule 12. |
|
10-014 PDF | HTML |
10-06-10 | Records related to the security measures taken at a PSRB meeting containing information that, if released, would jeopardize the security of an individual against physical harm, and information and discussions regarding security procedures and plans of the PSRB are exempt from disclosure under Rule 12.5(b). |
|
10-013 PDF | HTML |
09-28-10 | Members of the Process Server Review Board are volunteers and their applications for membership on the PSRB are exempt from disclosure under Rule 12.5(e). |
|
10-012 PDF | HTML |
09-28-10 | Records related to a complaint filed with the Process Server Review Board are not judicial records as defined by Rule 12. |
|
10-011 PDF | HTML |
07-20-10 | Docket sheets are case records that are not subject to Rule 12; judicial calendar is a judicial record; calendar entries that are exempt under Rule 12.5(h) or other Rule 12 exemptions should be redacted prior to release. |
|
10-010 PDF | HTML |
07-19-10 | Ticket associated with a case filed in justice court is a case record and is not subject to Rule 12. |
|
10-009 PDF | HTML |
06-24-10 | Respondent made a good faith effort to reply to request for records but was unsuccessful due to a technical email malfunction; records related to a case are not "judicial records" as defined by Rule 12.2(d). |
|
10-008 PDF | HTML |
06-04-10 | Performance evaluations are not exempt from disclosure, but information in the evaluations that mentions family members of a judge or complaints filed with the Judicial Conduct Commission may be withheld under Rule 12.5(d) and Rule 12.5(i). |
|
10-007 PDF | HTML |
05-18-10 | Respondent made a good faith effort to reply to request for records but was unsuccessful due to a technical email malfunction; records related to a case are not "judicial records" as defined by Rule 12.2(d). |
|
10-006 PDF | HTML |
04-20-10 | A police department is not a judicial agency with in the meaning of Rule 12. |
|
10-004 PDF | HTML |
04-26-10 | District clerk's office is a judicial agency covered by Rule 12; district clerk's escrow and minor account bank statements are case records and Rule 12 does not apply to them. |
|
10-003 PDF | HTML |
03-03-10 | A records custodian is not required to create a record, other than to print information stored in a computer. |
|
10-002 PDF | HTML |
04-05-10 | Requested records are exempt from disclosure under Rule 12.5(a), (d), (f), (h), and (i) of the Rules of Judicial Administration; a record containing both exempt and non-exempt information should be redacted, not withheld in its entirety; Gov't Code Sec. 552.262 providing for an extension of time for providing documents from the date a deposit or bond is made does not apply to requests that are covered by Rule 12; Rule 12.10 sanctions can only be issued against a records custodian. |
|
10-001 PDF | HTML |
03-22-10 | Records related to the investigation and resolution of a complaint by a judicial agency pertain to the agency's adjudicative function and thus are not judicial records as defined by Rule 12. |
|
09-006 PDF | HTML |
01-15-10 | Internal administration rules related to how a court processes cases for disposition and regulating the method by which cases pending in a court are decided pertain to the court's adjudicative function and are not "judicial records"; case routing slips not "judicial records." |
|
09-005 PDF | HTML |
12-15-09 | Record created by a judge in his individual capacity and not maintained by his court in its regular course of business is not a "judicial record." |
|
09-004 PDF | HTML |
09-08-09 | Costs assessed by a district clerk for copies of case records are not subject to review under Rule 12 because case records are not "judicial records" and are not subject to Rule 12. |
| 09-002 PDF | HTML |
03-13-09 | Records requested of the Process Server Review Board are exempt from disclosure under Rule 12.5 (j) because the records are directly related to a lawsuit filed by requester against the Board. |
| 09-001 PDF | HTML |
03-17-09 | Rule12.3(a)(4) is not an exception to disclosure; requests for records do not have to state that they are being made pursuant to Rule 12 to be valid; leave records are not exempt as an unwarranted invasion of personal privacy or as confidential under other law. |
| 08-009 PDF | HTML |
02-27-09 | Denials of requests for records should be made in writing and inform of the right to appeal; records regarding the deliberation of the qualifications an applicant's eligibility on a court appointment list are exempt under Rule 12.5(f); a signed order is not exempt from disclosure. |
| 08-007 PDF | HTML |
02-13-09 | Complaint files of the State Commission on Judicial Conduct are exempt from disclosure. |
| 08-006 PDF | HTML |
02-02-09 | Correspondence between county attorney and county court at law judges is attorney-client privileged and is not subject to Rule 12; information related to the investigation of a person’s character or conduct is exempt from disclosure under Rule 12.5(k). |
| 08-005 PDF | HTML |
10-13-08 | An appellate court justice’s request to the court’s chief justice for judicial records of the court is not a request for public access and not subject to Rule 12. |
| 08-004 PDF | HTML |
10-27-08 | Personnel records not exempt as unwarranted invasion of personal privacy or as confidential under other law; one document not exempt and one document exempt as related to investigation of character or conduct; judicial officer who is not custodian must forward request to the proper custodian and may not merely instruct requester to ask proper custodian for records. |
| 08-003 PDF | HTML |
08-29-08 | Document properly withheld because it did not contain the information requested. |
| 08-002 PDF | HTML |
09-02-08 | Judicial records that relate to the administrative processes of a municipal court should be disclosed. |
| 08-001 PDF | HTML |
07-10-08 | Appeal that was filed incorrectly and untimely is dismissed. |
| 07-006 PDF | HTML |
11-09-07 | Records related to an investigation of a person’s character or conduct that became part of the record in a public hearing no longer are exempt and must be disclosed. |
| 07-005 PDF | HTML |
07-14-07 | Records of financial disclosures, licensing, continuing education, and other credentials of elected judges are judicial records that must be disclosed. |
| 07-004 PDF | HTML |
07-13-07 | Investigative file of Commission on Judicial Conduct not "judicial records" and contents of file are exempt from disclosure. |
| 07-003 PDF | HTML |
06-01-07 | The identity or source of a letter that instigates an investigation by the Process Server Review Board is exempt from disclosure under Rule 12.5(k). |
| 07-002 PDF | HTML |
05-03-07 | Records of internal deliberations of the Process Server Review Board on matters of judicial administration are exempt from disclosure under Rule 12.5(f). |
| 07-001 PDF | HTML |
02-09-07 | Statements of the reason for denial of certification by judicial board are exempt from disclosure as records relating to an investigation of the applicant's character or conduct. |
| 06-004 PDF | HTML |
11-14-06 | Investigative file of Commission on Judicial Conduct not "judicial records" and contents of file are exempt from disclosure. |
| 06-003 PDF | HTML |
10-13-06 | Cost assessment for copies proper under Rule 12.7 and Texas Administrative Code. |
| 06-001 PDF | HTML |
04-07-06 | Reports of ad litem fees paid to attorneys are not exempt and must be disclosed; individual report prepared at request of judge who anticipated being a party to litigation was exempt from disclosure under Rule 12. |
| 05-005 PDF | HTML |
02-13-06 | E-mails between juvenile board judges and board's contract attorney that are made or maintained in the regular course of business but do not pertain to their adjudicative function are judicial records subject to disclosure. |
| 05-004 PDF | HTML |
02-10-06 | Reports to governmental agencies about convictions in designated cases pertain to a court's adjudicative function and are not judicial records, but documents related to general procedures are judicial records and must be disclosed. |
| 05-003 PDF | HTML |
01-05-06 | Draft reports analyzing probation revocations of Harris County district courts are not judicial records and are exempt as judicial work product and as internal deliberations on judicial administration matters. |
| 05-001 PDF | HTML |
03-07-05 | Texas Center for the Judiciary, a non-profit corporation, is not a judicial agency subject to Rule 12. |
| 04-004 PDF | HTML |
09-21-04 | Contents of Judicial Conduct Commission investigative files exempt from disclosure. |
| 04-003 PDF | HTML |
09-17-04 | Records related to expunction of attorney disciplinary records were matters before the Supreme Court and thus not "judicial records." |
| 04-002 PDF | HTML |
09-01-04 | Contents of Judicial Conduct Commission complaints files exempt from disclosure |
| 03-008 PDF | HTML |
01-23-04 | Investigative file of Commission on Judicial Conduct not "judicial records." |
| 03-006 PDF | HTML |
10-21-03 | Custodians of judicial records provided required access. |
| 03-005 PDF | HTML |
10-16-03 | Docket sheets of a municipal court are not judicial records. |
| 03-004 PDF | HTML |
08-18-03 | Records related to municipal court cases are not judicial records. |
| 03-003 PDF | HTML |
08-18-03 | Misdemeanor convictions are not judicial records. |
| 03-002s PDF | HTML |
08-18-03 | Portions of complaints that reflect confidential information should be withheld. |
| 03-002 PDF | HTML |
07-16-03 | Copies of complaints filed against a municipal judge are open. |
| 03-001 PDF | HTML |
04-24-03 | Access to inquest records governed by statutory law, not Rule 12. |
| 02-005 PDF | HTML |
12-23-02 | Traffic citations not "judicial records." |
| 02-004 PDF | HTML |
11-06-02 | Oaths of office and antibribery statements not in judge's custody. |
| 02-003 PDF | HTML |
06-28-02 | Records of administrative judge "intended to instruct, assist or guide judges in the exercise of their contempt power" are "judicial records". |
| 02-002 PDF | HTML |
06-17-02 | Traffic citation records not "judicial records." |
| 02-001 PDF | HTML |
06-07-02 | Judge who did not have records relating to investigation and consultation should have attempted to determine custodian and notified requestor. |
| 01-005 PDF | HTML |
11-02-01 | Investigative file of Commission on Judicial Conduct not "judicial records." |
| 01-003 PDF | HTML |
06-22-01 | Trial record in court of appeals not "judicial records." |
| 01-002 PDF | HTML |
07-19-01 | Investigative file of Commission on Judicial Conduct not "judicial records." |
| 01-001 PDF | HTML |
05-31-01 |
Appeal not timely from denial of access to judicial records of county community supervision and corrections department. |
| 00-007 PDF | HTML |
12-19-00 | Court's denial of a fee waiver did not include the required language about reasons for denial, the right to appeal, and the OCA director's name and address. |
| 00-006 PDF | HTML |
10-25-00 | Visiting judge records were "judicial records;" judge did not refer request to proper custodian. |
| 00-005 PDF | HTML |
10-23-00 | Records of associate judge retention committee were "judicial records," but were exempt from disclosure. |
| 00-003 PDF | HTML |
04-27-00 | Names of individuals on community supervision/probation in eight counties are not "judicial records." |
| 00-002 PDF | HTML |
04-10-00 | Records custodian not required to respond to request from prisoner. |
| 00-001 PDF | HTML |
02-07-00 | Traffic citation records not "judicial records." |
| 99-002 PDF | HTML |
01-14-00 | "Judicial records" of unauthorized practice of law committee were exempt from disclosure. |
| 99-001 PDF | HTML |
08-31-99 | "Judicial records" of unauthorized practice of law committee were exempt from disclosure. |
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Updated: 27-Dec-2012
