August 23, 2013, 11:30C. Martin
Grand Juror Information and Public Information Request
I have public information request sent to my district clerk for the names and addresses of the grand jury currently serving in my county. CCP 19.42(a) specifically makes personal information collected about grand jurors confidential. I will advise the district clerk she has to release the names of the grand jurors.
Question: Do I need to seek an attorney general's opinion to withhold other than grand jurors' names this personal information?
I believe CCP 19.42 is clear and applies directly to the public information request. Also, attorney general opinion GA-0422 addresses this issue as well.
Thanks for any responses.
August 23, 2013, 12:10nwood
The Texas Public Information Handbook is available here:https://www.oag.state.tx.us/ag...fs/publicinfo_hb.pdf
Page 33 cites Gov’t Code 552.301 which provides that “when a governmental body receives a written request for information the governmental body wishes to withhold, it must seek an attorney general decision within ten business days of the receipt of the request and state the exceptions to disclosure that it believes are applicable.”
The handbook cautions against treating published AG opinions as “previous determinations” under 552.301(a).
I recommend you download the handbook. But I believe the answer to your question is, yes, you have to seek an opinion even though you know the information sought will be protected by statute.
I have some form letters that I’ve used to seek opinions and correspond with people seeking information if you want to email me directly.
You can contact the requester, explain the law and ask if they wish to narrow their request.