Texas Government Code 21.013 – Confidentiality of Judicial Work Product; Criminal Offense
(a) In this section:
(1) “Judicial work product” means written, electronic, or oral material prepared or communications made in the course of an adjudicatory proceeding before a court determining legal rights, powers, duties, or privileges. The term includes all drafts of opinions or orders and memoranda of law.
(2) “Non-public judicial work product” means:
(A) any written or electronic judicial work product other than documents filed with the clerk of a court for release to the public; or
(B) any oral statement relating to judicial work product made in a closed session of a court or in judicial chambers.
(b) This section applies to:
(1) a court established under § 1, Article V, Texas Constitution, other than a commissioners court; and
(2) a court subject to this subtitle.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Government Code 21.013
- Chambers: A judge's office.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Law clerk: Assist judges with research and drafting of opinions.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A justice or judge of a court shall comply with supreme court rules governing the confidentiality of non-public judicial work product.
(d) A person, other than a justice or judge, who is involved in crafting an opinion or decision for an adjudicatory proceeding, including a court staff attorney, court clerk, or law clerk, shall maintain the confidentiality of all non-public judicial work product in accordance with supreme court rules.
(e) A person, other than a justice or judge, with access to non-public judicial work product commits an offense if the person knowingly discloses, wholly or partly, the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, employee of an agency established under Chapter 71 or 72, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding.
(f) An offense under this section is a Class A misdemeanor.
(g) It is a defense to prosecution under this section that the disclosure of the non-public judicial work product is authorized:
(1) in writing by the justice or judge for whom the work product is prepared; or
(2) under supreme court rules.