Well sort of;

Request first came in for copy of indictment. Since was public, sent copy.

Then request for
1) probable cause statements
2) long-form complaints
3) sworn affidavits
4) any evidence turned into the grand jury and used in the indictment of Defendant

Follow up request is for
1) list of grand jury indictments issued in May, (Not all of these have been issued as yet)
2) list of no billed cases

Defendant was presented to the grand jury unarrested, no pc statement, no long-form complaint, no sworn affidavits. Only evidence was prosecutors presentation and live witness testimony. No record.

None of the follow up items exist in a list form.

My position to AG; states not under FOIA because GJ is part of judiciary. 552.003

They want an explanation. And they want representative copies of documents. The documents do not exist.

Any Ideas?

I don't believe the PIA creates an obligation to create records. Only to provide records that exist. I think I would provide as representative samples all those things that have been requested and provided and an explanation that live testimony was presented, no recording was made, no transcript was taken and there are not other documents in existence responsive to their request. I also like the thought that the records are kept or maintained by the judiciary. The AG agreed with me on records at the JP level. I don't know if that would help or not. Indictments under seal are also protected and if you have anything like that you might also raise those issues.

It has always been my position that there is no need of an AG opinion concerning the need to release documents that do not exist (or even which did exist, but are no longer maintained at the time of the request). You can merely reply that you possess no documents matching the request.

But, if information is available in a different form, that may not be an adequate response. I think you would have to send to the AG the requested information in whatever form you have it. That may indeed require preparation of a new document, in a sense, but it will be created only for the purpose of requesting the AG ruling.

Don't forget that it is either a misdemeanor or a felony (depending on the purpose) to release information about what went on inside the grand jury without a court order except in enumerated instances.