Def. Attys are now doing open records requests of police officer's employment files and their e-mails, both in mobile units, car to car, and desk tops. The newest twist is to make blanket requests on an officer before they have a case that involves him/her. Anybody know how to stop this fishing trip?

Richard

Well, unfortunately, not much. First, employee's personnel files are public. There are exceptions for things such as who is designated as the employee's life insurance beneficiary. Also, police officers have a few special protections like their home addresses and names of family members must be redacted from the file before released. Social security numbers are also protected. However, pretty much everything else must be provided, like letters of reprimand or commendation, evaluations, training certificates, etc.
Emails: if the emails are being sent on a county/city/gov't owned computer, they are also presumed public.
There are some exceptions. Let's say the email references a pending case or a case under investigation that hasn't resulted in a conviction or deferred. These would fall under the "Investigation Exception" and would not have to be disclosed. Remember, though, any information that is sought to be withheld must be sent to the AG's office within 10 (working?) days of the request for an Open Records ruling. If not, the requestor gets everything.
The AG's office has a downloadable/viewable Open Records Handbook on its webpage which answers most any question:
www.oag.state.tx.us

i agree that most of it is probably public record. it would be up to the police departments legal advisor to contest any request. it sounds like harassment on the defense attorney's part. i do not see how it should have much effect on any of our trials because most of it would seem irrelevant, and anything relevant to the case would fall under the pending criminal litigation exception. do not let them use this as an excuse for any delays. they can get whatever they need through the usual discovery procedures.

Please read Ealoms v. State 983 S.W.2d 853. In this case the Waco Court of Appeals in dicta indicated that Article 143.089 of the local government code protected city police officer's employment from open records requests. The Court did indicate however, that a defendant's right to exculpatory evidence over-rides the protections of the local government code. If the defense attorney seeks the records with a subpoena duces tecum the court is required to do an in camera inspection of the records for possible Brady evidence.