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April 9, 1999

Mr. Peter Smith
Nichols, Jackson, Dillard, Hagar & Smith
500 North Akard
1800 Lincoln Plaza
Dallas, Texas 75201

OR99-0973

Dear Mr. Smith

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 123270.

The City of Coppell (the "city") received the following request:

Re: Arrest #98-243 (5/15/98). The judge filled out a form to keep me an extra day in jail. I want a copy of this form. (Don't give me police department arrest/detention report; I have that).

You submit to this office the responsive information and a copy of the arrest/detention report. You claim that the requested information is excepted from disclosure under sections 552.108(a)(2) and 552.108(b)(2) of the Government Code. You have not asserted any special circumstances that would required that the submitted information be withheld. Open Records Decision No. 169 (1977). We have considered the exception you claim and reviewed the submitted information.

Records filed with a court are generally a matter of public record and must be disclosed. Star-Telegram, Inc. v. Walker, 834 S.W.2d 54 (Tex. 1992). Thus, the application for further detention that was filed in the Municipal Court of Coppell is considered to be a public record and must be released.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

Emilie F. Stewart
Assistant Attorney General
Open Records Division

EFS\nc

Ref: ID# 123270

Encl: Submitted documents

cc: Mr. Richard Gordon
137 Heartz Road
Coppell, Texas 75019
(w/o enclosures)


 

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