Can a Texas county clerk put court records online for the public to search?

TX AG Opinion GA-0566: Can a Texas county clerk put court records online for the public?

Plain-English summary

A Texas House committee chair asked, on behalf of El Paso County, whether the county's district clerk and county clerk could store court case documents in an electronic database and make them available to the public over the Internet. The request covered four sub-questions: whether such an online database could be created at all, whether access should be limited to certain people, whether personal identifiers like Social Security and bank account numbers should be redacted, and whether the clerk could charge a fee for access.

The Attorney General answered that Local Government Code section 191.008 supplies the authority. Under that section, a county commissioners court may adopt an order setting up a computerized electronic information system that gives access to county, precinct, district court, and court of appeals records, but only for information that is public, and only if the records custodian (here, the clerk) agrees in writing. So the El Paso County Commissioners Court could authorize the district and county clerks to build online databases of public civil, family, and criminal case information.

On criminal records specifically, the El Paso County Attorney worried that letting the public pull up a list of all of a defendant's cases might amount to releasing a compiled criminal history, which courts have treated as protected by privacy. The Attorney General distinguished the two leading cases (one about a Houston police "rap sheet," one about FBI rap sheets) as dealing with criminal history information held by law enforcement, including arrests that never led to charges and unverified data. Court case records kept by a clerk are different, and the AG found no authority extending those privacy interests to a clerk's online case records.

On limiting access, the opinion noted that clerk records are generally open to everyone, except those made confidential or privileged by law or court order, and that section 191.008 lets a commissioners court set eligibility criteria and delineate which public information goes into the system. On personal identifiers, clerks are not required to put Social Security or bank account numbers online, and the AG urged commissioners courts and clerks to keep those off the Internet to help prevent identity theft. On fees, a clerk may not charge for examining records in the clerk's office, but a commissioners court may set a reasonable contract fee for remote electronic access, as long as free onsite access to each clerk's own records remains.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Texas rules on electronic court records have changed substantially since 2007, including the statewide rollout of e-filing and the Texas Supreme Court's rules on remote public access to court records. The Local Government Code and Public Information Act provisions cited here, and Government Code section 552.147 on Social Security number redaction, may have been amended. Confirm current statutes and court rules before relying on this analysis.

Who this opinion affected (as of 2007)

County commissioners courts: The opinion told them they hold the authorizing power. Under Local Government Code section 191.008, a commissioners court order is what lets the clerks put court case records online, and the commissioners court may set eligibility criteria, delineate what public information goes in, and set a reasonable contract fee for remote electronic access.

District and county clerks: The opinion explained that a clerk's written agreement is a prerequisite, that the clerk could not charge for examining records in the clerk's office (including at an onsite public terminal), and that the clerk was not required to place Social Security or bank account numbers online.

People searching court records (journalists, researchers, the public): The opinion treated court case records, including criminal case information, as generally open, and concluded the privacy interests that shield law enforcement rap sheets did not bar online access to a clerk's case records.

People named in court records: The opinion flagged identity-theft risk and urged clerks to keep Social Security and bank account numbers off the Internet, while noting the Public Information Act's redaction duty did not by its terms reach judiciary records held by a clerk.

Common questions

Could El Paso County actually put its court records online?
Yes. The Attorney General concluded the El Paso County Commissioners Court could adopt an order under Local Government Code section 191.008 authorizing the district and county clerks to create electronic databases of public court case information and to provide online access to it.

What had to happen first?
The commissioners court had to act by order, the information had to be public information, and the clerk (as custodian of the records) had to agree in writing to allow public access through the system.

Could criminal case information go online too?
Yes. The opinion said the privacy interests recognized for law enforcement "rap sheets" in Houston Chronicle Publishing Co. and Reporters Committee did not extend to court case records held by a district or county clerk, and it found no authority barring online access to those case records.

Did Social Security numbers have to be redacted?
The clerks were not required to put Social Security or bank account numbers online. The AG urged keeping them off the Internet to combat identity theft. The Public Information Act's redaction-on-request duty did not by its terms apply to court case records, because the Act does not govern information maintained by or for the judiciary.

Could the clerk charge a fee for access?
Not for examining records in the clerk's office; both Local Government Code section 118.066(1) and Government Code section 51.606(1) bar a fee for that, and the bar covers free onsite terminals the clerk provides. But under section 191.008(b)(4) a commissioners court could set a reasonable fee, charged under a contract, for remote access through the county's electronic information system, so long as free onsite access stayed available.

Background and statutory framework

The authorizing provision is Local Government Code section 191.008, which lets a commissioners court by order establish a computerized electronic information system providing contractual direct access to county, precinct, district court, and court of appeals records that are public information, but only if the records custodian agrees in writing (Tex. Loc. Gov't Code Ann. § 191.008(a) (Vernon 1999)). Only public information may be made available, a limit echoed by the El Paso County local e-filing rules and by section 191.006, under which county clerk records not otherwise restricted by law or court order are open to the public at all reasonable times (Tex. Loc. Gov't Code Ann. § 191.006 (Vernon 1999)). The opinion did not reach documents the county clerk holds as county recorder, such as deeds and mortgages (Tex. Const. art. V, § 20; Tex. Loc. Gov't Code Ann. § 192.001 (Vernon 1999)). The e-filing rules were adopted under Government Code sections 51.801 through 51.807 (Tex. Gov't Code Ann. §§ 51.801-.807 (Vernon 2005)).

On the criminal-records privacy question, the El Paso County Attorney's brief cited Houston Chronicle Publishing Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.-Houston [14th Dist.] 1975), writ ref'd n.r.e., 536 S.W.2d 559 (Tex. 1976), which held individual privacy rights kept a police "rap sheet" of arrests and suspected crimes from disclosure, and United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989), in which the U.S. Supreme Court found a high privacy interest in the compiled computerized rap sheets the FBI maintained and held them exempt under the federal Freedom of Information Act (5 U.S.C.A. § 552(b)(7)(C) (2007)). The Attorney General distinguished both as involving criminal history information held by a law enforcement agency, including arrests that never resulted in indictment and incorrect or unverified data, and found no authority applying those privacy interests to case records made available online by a district or county clerk.

On limiting access, court records are generally open (Tex. R. Civ. Proc. 76a), subject to confidentiality and sealing, and section 191.008 lets a commissioners court establish eligibility criteria for users and delineate the public information available through the system (Tex. Loc. Gov't Code Ann. § 191.008(b)(2)-(3) (Vernon 1999)). On personal identifiers, the opinion noted the Eightieth Legislature amended Public Information Act section 552.147, which now required district and county clerks to redact the first five digits of a Social Security number on request, but observed that the Act does not govern access to information maintained by or for the judiciary, so that duty did not reach the court case documents at issue (Tex. Gov't Code Ann. § 552.0035(a) (Vernon 2004); Tex. Gov't Code Ann. § 552.147 (Vernon Supp. 2006); Act of Mar. 19, 2007, 80th Leg., R.S., ch. 3, § 1, 2007 Tex. Sess. Law Serv. 3, 4; see Tex. Att'y Gen. Op. No. GA-0519 (2007); Tex. Att'y Gen. ORD-671 (2001)). The Public Information Act itself is chapter 552 (Tex. Gov't Code Ann. ch. 552 (Vernon 2004 & Supp. 2006); Act of May 19, 1973, 63d Leg., R.S., ch. 424, 1973 Tex. Gen. Laws 1112).

On fees, a clerk is not entitled to a fee for examining a paper or record in the clerk's office (Tex. Loc. Gov't Code Ann. § 118.066(1) (Vernon 1999); Tex. Gov't Code Ann. § 51.606(1) (Vernon 2005)), and the opinion read that bar to cover the free onsite online terminals the El Paso clerks provided. But a commissioners court may set a reasonable fee, charged under a contract, for use of the section 191.008 system (Tex. Loc. Gov't Code Ann. § 191.008(b)(4) (Vernon 1999)), so persons contracting for remote electronic access could be charged so long as free onsite access remained.

Citations

Constitution, statutes, rules, and legislative materials:

• Tex. Const. art. V, § 20
• Tex. Loc. Gov't Code Ann. § 118.066(1) (Vernon 1999)
• Tex. Loc. Gov't Code Ann. § 191.006 (Vernon 1999)
• Tex. Loc. Gov't Code Ann. § 191.008(a) (Vernon 1999)
• Tex. Loc. Gov't Code Ann. § 191.008(b)(2)-(3) (Vernon 1999)
• Tex. Loc. Gov't Code Ann. § 191.008(b)(4) (Vernon 1999)
• Tex. Loc. Gov't Code Ann. § 192.001 (Vernon 1999)
• Tex. Gov't Code Ann. ch. 552 (Vernon 2004 & Supp. 2006)
• Tex. Gov't Code Ann. § 51.606(1) (Vernon 2005)
• Tex. Gov't Code Ann. §§ 51.801-.807 (Vernon 2005)
• Tex. Gov't Code Ann. § 552.0035(a) (Vernon 2004)
• Tex. Gov't Code Ann. § 552.147 (Vernon Supp. 2006)
• Tex. R. Civ. Proc. 76a
• 5 U.S.C.A. § 552 (2007)
• 5 U.S.C.A. § 552(b)(7)(C) (2007)
• Act of May 19, 1973, 63d Leg., R.S., ch. 424, 1973 Tex. Gen. Laws 1112
• Act of Mar. 19, 2007, 80th Leg., R.S., ch. 3, § 1, 2007 Tex. Sess. Law Serv. 3, 4

Cases:

• United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749 (1989)
• Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.-Houston [14th Dist.] 1975), writ ref'd n.r.e., 536 S.W.2d 559 (Tex. 1976)

Attorney General opinions referenced: GA-0519 (2007), ORD-671 (2001).

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0566
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2007/ga0566.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain - the linked PDF is authoritative.

GREG ABBOTT

August 27, 2007

The Honorable Tracy King
Chair, Committee on Border and International Affairs
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Opinion No. GA-0566

Re: Authority of the El Paso County District or County Clerk to establish an online electronic database accessible to the public (RQ-0498-GA)

Dear Representative King:

Your predecessor as Chair of the Committee on Border and International Affairs inquired whether the El Paso County District Clerk or County Clerk may store court documents on an electronic database and make them accessible to the public via the Internet.[1] She asked the following questions:

Under current state law, may the El Paso [County] District Clerk or County Clerk create an electronic database accessible online to display civil, family and criminal case docket information in its entirety and all document images pertaining to all cases filed regardless of case disposition or status?

If such a database can be created, should access to the electronic database be limited to certain parties?

Furthermore, should personal identifiers on the documents to be displayed, such as Social Security numbers and/or bank account[] [numbers], be redacted?

Lastly, could the El Paso [County] District Clerk or County Clerk assess a reasonable fee to the public in order to retrieve information?

Request Letter, supra note 1, at 1.

Your predecessor inquired about court case documents held by the district and county clerks. Accordingly, we do not address other kinds of documents filed with the county clerk in his capacity as county recorder. See TEX. CONST. art. V, § 20; TEX. LOC. GOV'T CODE ANN. § 192.001 (Vernon 1999) (county clerk shall record each deed, mortgage, or other instrument that is required or permitted by law to be recorded).

I. Authority of El Paso County District or County Clerk to Maintain Online Database of Court Records

Pursuant to Local Government Code section 191.008, the El Paso County Commissioners Court may provide for online access to case information maintained by the district and county clerks. Section 191.008(a) provides as follows:

The commissioners court of a county by order may provide for the establishment and operation of a computerized electronic information system through which it may provide on a contractual basis direct access to information that relates to all or some county and precinct records and records of the district courts and courts of appeals having jurisdiction in the county, that is public information, and that is stored or processed in the system. The commissioners court may make records available through the system only if the custodian of the records agrees in writing to allow public access under this section to the records.

TEX. LOC. GOV'T CODE ANN. § 191.008(a) (Vernon 1999) (emphasis added). Under this provision, the El Paso County Commissioners Court may establish an electronic database that includes court case records maintained by the district and county clerks. Subject to the clerk's written agreement and the other requirements of section 191.008, a commissioners court may provide access to the clerk's records from a computer terminal in the clerk's office or in a remote location.

Only information "that is public information" may be made available online. See id. The "El Paso County Local Rules of the District and County Courts concerning the Electronic Filing of Court Documents" include a similar limitation, providing that "the district clerk shall ensure that all the records of the court, except those made confidential or privileged by law or statute, may be viewed in some format by all persons for free." EL PASO COUNTY, LOCAL RULES OF THE DISTRICT AND COUNTY COURTS, ELECTRONIC FILING OF COURT DOCUMENTS R. 6.2(a) (2003), available at http://www.co.el-paso.tx.us/districtclerk-e-file-info.pdf (adopted pursuant to TEX. GOV'T CODE ANN. § 51.807) (last visited Aug. 14, 2007) [hereinafter EL PASO COUNTY E-FILING].[2] Section 191.006 of the Local Government Code also provides that "[a]ll records belonging to the office of the county clerk to which access is not otherwise restricted by law or by court order shall be open to the public at all reasonable times." TEX. LOC. GOV'T CODE ANN. § 191.006 (Vernon 1999).

We conclude in answer to the first question that the Commissioners Court may adopt an order pursuant to Local Government Code section 191.008 authorizing the El Paso County District Clerk and County Clerk to create electronic databases that may be accessible online to display information in civil, family, and criminal cases, as long as the information is public information. See id. §§ 191.006, .008(a); see also EL PASO COUNTY E-FILING R. 6.2(b). The District or County Clerk must agree in writing to allow public access to records under this section, and the Commissioners Court and the Clerks must comply with other requirements of this provision. See TEX. LOC. GOV'T CODE ANN. § 191.008(a) (Vernon 1999).

II. Whether the District or County Clerk May Make Criminal Case Information Accessible Online

A brief from the El Paso County Attorney raises a concern that confidential criminal history record information may be accessible from the clerks' Internet sites.[3] It states that the El Paso County District and County Clerk have Internet websites that allow members of the public to access, without charge, certain information from criminal and civil cases. Rodriguez Brief, supra note 3, at 1. A search on the public website using an individual defendant's name will bring up a list of all open and closed cases involving that defendant, including the indictment number, indictment date, court, charge, and disposition. See id. The brief also states that El Paso County has established a password-protected website accessible only by certain government agencies, such as the Federal Bureau of Investigation (the "FBI"). See id. A search of the password-protected website, in addition to yielding the same basic information available from the public website, allows the user to view and print any documents filed in a case. See id. at 1-2. The brief raises the possibility that allowing members of the public to access a list of all El Paso County criminal cases involving a particular defendant would be a release of a compiled criminal history in violation of a common-law privacy right. See id. at 2 (citing United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749 (1989); Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.-Houston [14th Dist.] 1975), writ ref'd n.r.e., 536 S.W.2d 559 (Tex. 1976)).

The court in Houston Chronicle Publishing Co. considered whether a Personal History and Arrest Record, or "rap sheet," maintained by the City of Houston Police Department was available under the Texas Open Records Act, now the Public Information Act (the "PIA"). See Houston Chronicle Publ'g Co., 531 S.W.2d 177; see also TEX. GOV'T CODE ANN. ch. 552 (Vernon 2004 & Supp. 2006) (Public Information Act); Act of May 19, 1973, 63d Leg., R.S., ch. 424, 1973 Tex. Gen. Laws 1112 (adopting Open Records Act). The rap sheet showed each previous arrest and other data relating to individuals and included crimes that they had been suspected of committing, and the court determined that individual privacy rights prevented the disclosure of this information. See Houston Chronicle Publ'g Co., 531 S.W.2d at 181, 186. The rap sheet in Houston Chronicle Publishing Co. included criminal history information, including unverified suspicions, that is not available from a district or county clerk's files on court cases.

The United States Supreme Court, in United States Department of Justice v. Reporters Committee for Freedom of the Press, addressed an issue similar to that in Houston Chronicle Publishing Co. v. City of Houston. See Reporters Comm., 489 U.S. 749. The Reporters Committee case arose from a request under the Federal Freedom of Information Act ("FOIA") for criminal identification records, or "rap sheets," stored electronically by the FBI. See id. at 751; see also 5 U.S.C.A. § 552 (2007) (Freedom of Information Act). The rap sheets, primarily used to aid in detecting and prosecuting offenders, contained information describing individuals, such as birth date and physical characteristics, as well as a history of arrests, charges, convictions, and incarcerations. See Reporters Comm., 489 U.S. at 752. Because of the large number of rap sheets collected, they were sometimes incorrect or incomplete. See id. The Court addressed the FOIA provision that excepts from disclosure to the public "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information . . . could reasonably be expected to constitute an unwarranted invasion of personal privacy," or to harm various other specific interests. 5 U.S.C.A. § 552(b)(7)(C) (2007). The Court found a high privacy interest in the "compiled computerized information" derived from rap sheets and held that they were not subject to disclosure under FOIA. Reporters Comm., 489 U.S. at 766.

Houston Chronicle Publishing Co. and Reporters Committee both deal with criminal history information held by a law enforcement agency, not information about cases held by a court clerk. The information addressed in those cases included conviction information, but it also included information about arrests that never resulted in indictment and incorrect or unverified information that might cast suspicion on a person who in reality had never been arrested. However, we find no authority indicating that the privacy interests in criminal history information articulated in these two cases would apply to case records made available online by the El Paso County District or County Clerk.

III. Limits on Public Access to Online Database of Court Records Maintained by District or County Clerk

Your predecessor raised a broad issue about the confidentiality of information in an online database of court records, whether access must be limited to certain parties. See Request Letter, supra note 1, at 1. Records in the district or county clerk's office are as a general rule available to everyone. See TEX. LOC. GOV'T CODE ANN. § 191.006 (Vernon 1999) (county clerk records shall be open "to the public"); TEX. R. CIV. PROC. 76a.1 (presumption that court records are open); EL PASO COUNTY E-FILING R. 6.2(a)-(b) (district clerk records may be viewed "by all persons" and may be made available "for both filers and the general public"). Of course, the general public may not have access to confidential or privileged records. See TEX. LOC. GOV'T CODE ANN. § 191.006 (Vernon 1999) (county clerk records are accessible only if "not otherwise restricted by law or by court order"); TEX. R. CIV. PROC. 76a (procedure for sealing court records); EL PASO COUNTY E-FILING R. 6.2(c) (district clerk records not accessible if "legally confidential"). Section 191.008 of the Local Government Code authorizes a commissioners court to establish eligibility criteria for users and to "delineate the public information to be available through the system." TEX. LOC. GOV'T CODE ANN. § 191.008(b)(2)-(3) (Vernon 1999). Pursuant to this authority, a commissioners court may assist the clerks in determining whether specific kinds of information may be made available to the general public or only to a narrow class of persons.

Your predecessor also asked whether identifiers, such as social security numbers and bank account numbers, should be redacted from documents made available online.[4] Our advice will thus go beyond the limits that the law places on district and county clerks.

Court clerks are not required to place social security or bank account numbers online. A commissioners court, in providing for a computerized electronic information system pursuant to Local Government Code section 191.008, may "delineate the public information to be available through the system." TEX. LOC. GOV'T CODE ANN. § 191.008(b)(3) (Vernon 1999). The commissioners court and the court clerks, in deciding what information should not go online, have an opportunity to combat the serious and growing crime of identity theft. Social security numbers are much sought-after by identity thieves because these numbers can be used to locate other information about a person. See SOCIAL SECURITY ADMINISTRATION, IDENTITY THEFT AND YOUR SOCIAL SECURITY NUMBER (Jan. 2006) (Publ'n No. 05-10064), available at http://www.ssa.gov/pubs/10064.pdf (last visited Aug. 14, 2007). We urge commissioners courts and court clerks to help prevent identity theft by ensuring that social security numbers and bank account numbers from court case documents will not be available online. Court clerks should anticipate and prepare for new laws directed toward greater privacy for social security numbers and other personal identifiers.[5]

IV. Authority of Clerk to Charge a Fee to Access Online Database

Your predecessor finally asked whether the El Paso County District Clerk or County Clerk may assess a reasonable fee to the public for access to electronically-stored case information. See Request Letter, supra note 1, at 1. The El Paso County E-Filing Rules provide that the district clerk "shall ensure that all the records of the court, except those made confidential or privileged by law or statute, may be viewed in some format by all persons for free." See EL PASO COUNTY E-FILING R. 6.2(a). Section 118.066 of the Local Government Code provides that "[a] county clerk is not entitled to a fee for . . . the examination of a paper or record in the clerk's office." TEX. LOC. GOV'T CODE ANN. § 118.066(1) (Vernon 1999); see id. § 191.006 (records of county clerk to which access is not restricted by law or by court order shall be open to the public). Section 51.606 of the Government Code moreover provides that "[a] clerk is not entitled to a fee for . . . the examination of a paper or record in the clerk's office." TEX. GOV'T CODE ANN. § 51.606(1) (Vernon 2005). The El Paso County Attorney states that "in El Paso County, both the District Clerk and the County Clerk have . . . online access and terminals set up in their offices for use by the public." Rodriguez Brief, supra note 3, at 3. If a clerk provides for public access to records in his office by providing online access, as the El Paso County District and County Clerks have done, he may not charge a fee for this service.

Section 191.008(b)(4), however, permits a commissioners court to "set a reasonable fee, charged under a contract" to use the computerized electronic information system. TEX. LOC. GOV'T CODE ANN. § 191.008(b)(4) (Vernon 1999). As long as district and county clerks provide free onsite access to records maintained by their offices, persons who contract with the county pursuant to section 191.008 for electronic access to such information may be charged a fee as set by the commissioners court.

SUMMARY

Pursuant to Local Government Code section 191.008, the El Paso County Commissioners Court may adopt an order authorizing the District Clerk and County Clerk to create electronic databases of public information in court case documents and to provide online access to that information. Records maintained by each clerk must be available to the public without charge in the clerk's office, but persons who contract with the county for electronic access to such information may be charged a fee as set by the Commissioners Court. A court clerk should redact social security numbers and bank account numbers from documents made available online.

Very truly yours,

GREG ABBOTT
Attorney General of Texas

KENT C. SULLIVAN
First Assistant Attorney General

NANCY S. FULLER
Chair, Opinion Committee

Susan L. Garrison
Assistant Attorney General, Opinion Committee

Footnotes

[1] Letter from Honorable Norma Chavez, Chair, House Committee on Border and International Affairs, to Honorable Greg Abbott, Attorney General of Texas, at 1 (June 5, 2006) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us) [hereinafter Request Letter].

[2] Government Code sections 51.801 through 51.807 apply to the electronic filing of court documents with a district or county court clerk. See TEX. GOV'T CODE ANN. §§ 51.801-.807 (Vernon 2005).

[3] Brief from Honorable Jose R. Rodriguez, El Paso County Attorney, to Honorable Greg Abbott, Attorney General of Texas, at 1 (July 14, 2006) (on file with the Opinion Committee) [hereinafter Rodriguez Brief].

[4] The Eightieth Legislature amended section 552.147 of the PIA, overruling the analysis of this provision set out in Attorney General Opinion GA-0519 (2007). See Act of Mar. 19, 2007, 80th Leg., R.S., ch. 3, § 1, 2007 Tex. Sess. Law Serv. 3, 4 (effective immediately) (to be codified at TEX. GOV'T CODE ANN. § 552.147); see also Tex. Att'y Gen. Op. No. GA-0519 (2007) (addressing former version of Government Code section 552.147(a)). Section 552.147(d) requires district and county clerks to redact the first five digits of an individual's social security number from its records upon the individual's request. See Act of Mar. 19, 2007, supra, 2007 Tex. Sess. Law Serv. 3, 4 (to be codified at TEX. GOV'T CODE ANN. § 552.147(d)). The PIA does not govern "[a]ccess to information collected, assembled, or maintained by or for the judiciary." TEX. GOV'T CODE ANN. § 552.0035(a) (Vernon 2004). The obligation to redact part of a social security number applies to information subject to disclosure under the PIA, and it thus does not apply to the court case documents that your predecessor inquired about. See Tex. Att'y Gen. ORD-671 (2001) (the PIA does not apply to records of the judiciary maintained by a district clerk).

[5] See TEXAS JUDICIAL COUNCIL, PUBLIC ACCESS TO COURT CASE RECORDS IN TEXAS (2004) (proposing Rule of Judicial Administration on public access to case records), available at http://www.courts.state.tx.us/tjc/reports.asp (last visited Aug. 14, 2007).