I received an open records request for a "copy of your file" from Josh Schaffer out of Houston. The case is one of the Felony Murder DWI cases that was upheld by the CCA. Schaffer was the attorney for the appeal to the CCA.

Not sure why he doesn't file a proper discovery motion. Anyway, I guess I'll have to prepare a packet for the AG to review exceptions (claimed)?

Anyone else have a method for dealing with this type of abuse of an open records request?

Thanks,

John

Happens quite a bit these days. Litigation excetion springs to mind. One of our civil attorneys, Claire Yancey, deals with similar requests in our office and helps us out in appellate. Call 940-349-2600

JAS

File AG decision request, cite exception in sec. 552.022 for information "expressly made confidential under other law," specifically Tex. R. Civ. P. 192.5(b)(1) for "core work product," in turn citing State ex rel. Walker v. Curry, 873 S.W.2d 379, 380-81 (Tex. 1994) (orig. proceeding) (applying following reasoning to request for DA's criminal litigation file: "an attorney's litigation file goes to the heart of the privileged work area guaranteed by the work product exemption. The organization of the file, as well as the decision as to what to include in it, necessarily reveals the attorney's thought processes concerning the prosecution or defense of the case"; thus, entire file is exempt) (quoting Nat'l Union Fire Ins. Co. v. Valdez, 863 S.W.2d 458, 460 (Tex. 1993) (orig. proceeding)). Since an attorney's mental impression, opinions, conclusions or legal theories are undiscoverable core work product, see Tex. R. Civ. P. 192.5(b)(1), the Walker rule should hold sway. But you must ask for an AG decision, or the work product privilege may be viewed to have been waived, prompting required disclosure in the absence of a compelling reason. See Tex. Att'y Gen. ORD-677 (2002), at 9-10.