September 2007

Frontlines

 

Judge tells daily to hand over records

SAN ANTONIO — A judge has ordered the San Antonio Express-News to hand over records about the guardianship case of a prominent south Texas rancher and not to publish articles related to the case, the Associated Press reported.

State District Judge Alex Gabert ordered the newspaper to hand over copies of court documents and destroy electronic ones related to the case of Robert C. East. The newspaper acquired the sealed court documents outside the court system, AP reported.

In June Gabert issued a temporary order sealing court documents and closing court proceedings in the case of East, who died June 18 and left an estate worth hundreds of millions of dollars from his Hebbronville ranch.

The Express-News published an article July 22 on the complicated legal issues surrounding East’s final days and the nasty estate dispute that

included such issues as the 87-year-old’s mental competence. The story was based in part on documents Gabert is now ordering surrendered to the court.

The order extends to all parties in the proceedings, including the lawyers, their employees and all court officers and employees.

Express-News editor Robert Rivard defended the newspaper’s decision to publish the article and said the newspaper plans to appeal the ruling.


Judge seals college’s DVDs from release

Richard Terrell, 79th District Judge, ordered copies of Coastal Bend College information filed with his court sealed after hearing from lawyers in the case, the Alice Echo News Journal reported.

Terrell said it was important that those seeking public information do so through the proper channels.

Reporters from the Echo News

Journal and the Beeville Bee-Picayune were among several people who earlier received DVDs with information on the college from the district clerk ’s office but later were ordered to return the discs.

Terrell advised the newspapers to now file Public Information Act requests through the college for the information.

The DVDs were filed with the 79th District Clerk’s office in February by then technology supervisor Anthony Sanders, alleging documents were being destroyed by the college.



Medical info is public in Springtown case

SPRINGTOWN — The Texas Attorney General’s office has ruled that certain emergency medical information is public record, The Springtown Epigraph reported.

The Epigraph filed an open records request for details from Lifecare EMS regarding an accident where a man was burned in a fire in late June.

The Parker County Hospital District’s attorney, Brian Jackson, asked for a ruling from the attorney general on July 9.

Assistant Attorney General James Morris III responded in a July 25 letter that while some information is considered private, certain details are

public record. Quoting the Health and Safety Code, section 773.091(g), Morris wrote, “the privilege of confidentiality under this section does not extend to information regarding the presence, nature of injury or illness, age, sex, occupation and city of residence of a patient who is receiving emergency medical services. ”

Lifecare responded by releasing an edited ambulance record with details about the accident and victim.

Hospital district CEO Randall Young said the ruling helped settle some privacy questions about HIPAA, (Health Insurance Portability and Accountability Act.)


DA probes Galveston school board’s meeting

GALVESTON — The Galveston County district attorney is investigating whether the Galveston school district violated the Texas Open Meetings Act in June, The Galveston County Daily News reported.

A citizen complained that the superintendent announced six new administrators before the school board had voted on them. The board discussed the new staff in executive session. The citizen also said the board ’s attorney whispered with the board members for two minutes during the open session.


Ex-mayor files complaint with AG

HUNTSVILLE — A former mayor has filed a written complaint with the attorney general regarding the city ’s approval of a housing project, the Huntsville Item reported.

In his complaint to attorney general Greg Abbott, former Mayor Karl Davidson claims the Texas Open Meetings Act was violated and a conflict of interest occurred when the council approved the project.

Davidson filed his complaint after Walker County Criminal District Attorney David Weeks found that no violation occurred.


City officials meet over dinner

LAREDO — Five councilmen and the mayor all dined at La Posadas Tack Room while informally meeting with two different groups, the Laredo Morning Times reported.

Although the number of councilmen in the building at the same time was enough for a quorum, city officials said they were never gathered as a group and at no time had a quorum.

The dinner was not posted as an official meeting.