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Topic: violation of Common law right and Texas public information Act

Created on: 10/27/17 07:35 AM

Replies: 6

WILLIAM44


Joined: 04/30/17

Posts: 5

violation of Common law right and Texas public information Act
10/27/17 7:35 AM

I have been trying to get public information for 8 months, I was just given a Attorney general letter that told the City to proved the requested information, however I have told I would have to request the information by the city, when I did they asked for a attorney general opinion even after I sent them a copy of the answer the attorney general sent.

I requested the same information from the City Municipal Court under right of common law, after being told it was under rule 12 I made appeal and was told the requested information was not Judicial information and was open under other law and the right of common law. I was dined the right to common law to inspection, and Texas 552.022 (a)(12) and (17) public information request.

I have requested a write of mandamus 3 times to the State attorney general no answer, I filled criminal complaints as the code said to do to the District attorney 2 times and the District Judge 2 times no answer and they will not take my calls.

My 1st question is how do you get the Court to move when they will not answer a complaint nor allow you to fill a mandamus into the court?

My 2nd question is what are the elements of common law right to public court records.

Thank you for any help

willgarner42@gmail.com

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: violation of Common law right and Texas public information Act
10/27/17 9:32 AM

Use requests for production and interrogatories to get your answers.

AS for right to public records, you have a right to any records pertaining to YOU personally, other court records are private to the people involved in those cases. As for any "law" you are seeking, if that's what you mean by public records, much of that can be found using your legal research link in the EXTRAS menu of my course.

Best results come from doing what my course teaches the way my course teaches, instead of branching out on your own.

Hope this may help you some.

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WILLIAM44


Joined: 04/30/17

Posts: 5

RE: violation of Common law right and Texas public information Act
11/06/17 10:19 AM

GOVERNMENT CODE TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT CHAPTER 552. PUBLIC INFORMATION

Sec. 552.001. POLICY; CONSTRUCTION. (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to implement this policy.

(b) This chapter shall be liberally construed in favor of granting a request for information.

SUBCHAPTER B. RIGHT OF ACCESS TO PUBLIC INFORMATION

Sec. 552.021. AVAILABILITY OF PUBLIC INFORMATION. Public information is available to the public at a minimum during the normal business hours of the governmental body.

Sec. 552.022. CATEGORIES OF PUBLIC INFORMATION; EXAMPLES. (a) Without limiting the amount or kind of information that is public information under this chapter, the following categories of information are public information and not excepted from required disclosure unless made confidential under this chapter or other law:

(12) final opinions, including concurring and dissenting opinions, and orders issued in the adjudication of cases;

(17) information that is also contained in a public court record; and

Sec. 552.266. CHARGE FOR COPY OF PUBLIC INFORMATION PROVIDED BY MUNICIPAL COURT CLERK. The charge for providing a copy made by a municipal court clerk shall be the charge provided by municipal ordinance.

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WILLIAM44


Joined: 04/30/17

Posts: 5

RE: violation of Common law right and Texas public information Act
11/06/17 10:19 AM

Types of Basic Information

Arrestee's social security number, name, aliases, race, sex, age, occupation, address, police department identification number, and physical condition
Offense for which suspect was arrested
Identification and description of complainant
Location of crime
Time of occurrence
Vehicle involved
Property involved
Detailed description of offense
Names of arresting officers
Date and time of arrest
Place of arrest
Details of arrest
Description of weather
Booking information
Court in which charge is filed
Notation of any release or transfer
Bonding information
Numbers for statistical purposes relating to modus operandi of those apprehended

See Open Records Decision No. 127 (1976).

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WILLIAM44


Joined: 04/30/17

Posts: 5

RE: violation of Common law right and Texas public information Act
11/06/17 10:23 AM

I have two Letter rulings by the Attorney General, and I still have not been given any information. even after I sent the copy of the letter ruling and list of information requested

The issuance of a ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider a ruling. Gov't Code § 552.301(f). If the governmental body wants to challenge a ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal a ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a).

If a ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this ruling, the governmental body will do one of the following three things: 1) release the public records; 2) notify the requestor of the exact day, time, and place that copies of the records will be provided or that the records can be inspected; or 3) notify the requestor of the governmental body's intent to challenge a letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of a ruling, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at (877) 673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e).

If a ruling requires or permits the governmental body t

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WILLIAM44


Joined: 04/30/17

Posts: 5

RE: violation of Common law right and Texas public information Act
11/06/17 10:28 AM

The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e).

four complaints to the district attorney no answer, will not talk to me, 3 bar complaint on district attorney for not answering nor doing her job, Letters back from the bar is that it does not rise to the level of misconduct.

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JOANNE4


Joined: 10/18/18

Posts: 2

RE: violation of Common law right and Texas public information Act
06/26/19 5:11 PM

WILLIAM44;
That sucks, my friend. You are in a world of BAR associates under the Queen's crown, and their loyalty to one another far outweighs your guaranteed rights.
I'm about to find disappointment in that realm as well when I bring a commissioner up on charges of practicing law from the bench by entering a plea on my behalf and threatening me with imprisonment for asking procedural and subject matter questions so that I could prepare a proper defense and enter a plea knowingly. Now it's set for an "Omnibus" hearing, although I never entered a plea or got a Bill of Particulars showing the Cause and Nature of the complaint.

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