Monthly publisher fights subpoena for story records

SAN AUGUSTINE — A controversial newspaper publisher last month fought a court order to reproduce material used in an article published in his monthly newspaper in December, and the judge originally set to hear the motion was recused to avoid the appearance of partiality, the Lufkin Daily News reported.

The hearing before District Judge Olen Underwood of Conroe came after Edward M. Farrell, publisher of the East Texas Sun, was subpoenaed to appear and to produce all writings, transcriptions, recordings, tapes, discs and recording devices that form the basis of the Sun article concerning the San Augustine County grand jury meeting on Oct. 19, 2004.

The order was signed by District Judge Joe Bob Golden.

The article in the December 2004 issue of the Sun was titled “The San Augustine County Grand Jury” and addressed the proceedings of the grand jury that no-billed the cases involving San Augustine County public officials.

The author of the article quoted a speech made to the grand jury by San Augustine/Sabine County District Attorney Jon Fisher, and contained information about other proceedings of that grand jury, whose deliberations by law are sealed.

Vote after executive session remains cloudy

NEW BRAUNFELS — Comal school district trustees and administrators refused to say what the district’s governing board voted on after emerging from an executive session.

The San Antonio Express-News reported that it had filed a request for the information under the state’s open government laws.

The board met in executive session to consult with its attorney and discuss pay issues related to James R. Grunert, former superintendent, according to the meeting agenda.

The board reconvened in open session and took a vote on the issue. The motion was to authorize counsel to proceed as discussed in closed session

Hays officials settle open meetings suit

AUSTIN — An open meetings lawsuit that cost Hays County taxpayers $41,000 in attorney fees and divided the commissioners court for a year has been settled, the Austin American-Statesman reported.

A special assistant to county Judge Jim Powers said a representative for Papalote Homes Ltd. accepted the offer of $10,000 in attorney fees and no admission of guilt.

The lawsuit stems from a February 2004 commissioners court meeting that Powers gaveled closed after Commissioner Susie Carter began a presentation mentioning a development known as Heatherwood, which Papalote owns.

Powers said he closed the meeting to avoid a lawsuit because Carter did not provide proper notification of her subject.

Carter, who continued her presentation, said he did not break the state’s open meetings law. A few weeks later, Papalote Homes filed the lawsuit, accusing Carter of failing to provide adequate notice.