DAN MORALES

Al-rORNEY GENERAL 

## QBffice

of tip Bttotnep 65eneral #Mate of &exae July 8.1992 Honorable Mike Driscog Harris County Attorney 1001Preston, suite 634 Houston, Texas 77002-1891 Opinion No. DM-139 Re: Whether a justice of the peace is required to maintain a hard copy of the crimbml docket if he or she has chosen to maintain suchrecords electronically (RQ-66) Dear Mr. Driscolh Article 45.13 of the Code of Criminal Procedure requires justices of the peace and municipal court judges to maintain a docket of criminal proceedings in their respective courts and authorizes the use of electronic data processing equipment to perform this function:

The information in the docket may be processed and stored by the use of electronic data processing equipment, at the discretion of the justice of the peace or the municipal court judge. Code Crim. Proc. art. 4513(b). You ask whether ajustice ofthe peace who elects to process and store the court’s criminal docket electronically isrequired to maintain a printed copy ofthe docket. A docket is generally described as a formal record containing brief entries of the proceedings in a court ofjustice. BLACK’S LAW DIC~ONARY431(5tb ed. 1979). A docket entry has been characterized as a memorandum made for the convenience of a trial court and its staff. See EnergoInt’l Co+ v. Modem Indw. Hearing, 722 S.W.2d 149 (Tex. App.-Dallas 1986, no writ); Gainesville Gil & Gus Co. v. Fam Credi Bank of Ti, 795 S.W.2d 826 (Tex.App.-Texarkana 1990,no writ).’ Article

bhhough a docket entry constitute part ofthe court record, Petroleum Equip. Fin Cap v. Fim Nat? Bank ofFan Worth, 622S.W2dI52(Tu. App.-Fort Worth 1981, wit rc.Pd

n.r.c.), itdoes notcoostitutc

partof thejudgment

in a particular

case. Goinmik CJif

& Gus,795S.WZd826. A docket entry maysupply

factsincertain

situations, butitcarm~

beusedto contradict

or prevail over the finaljudicial order. N-S-W Corp. Y.SncN, 561SW2.d 7%(Tu. 1977).Thus,whenadocket entry

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45.13 provides that ajustice of the peace or municipal corn?? judge shall enter into the docket “the pmceu%q in each trial had before him,” including the follow@ infolmatioIr 1. l%e style ofthe actim

2 The nature ofthe offense charged, 3. The date the warrantwasissuedandtheretummade thereon; 4. ‘f’be time when the examinationortrialwashad,andifa trial, whether it was by ajury or by himself; 5. The verdict ofthejmy, ifany; 6. Thejudgment and sentence ofthe court; 7. Motion for new w ifany, and the decision thereon; 8. Ifanappealwastake~and 9. The time when, and the manner in which, the jadgment and sentenoe was enforced. Code Cd. Pm. art. 45.13(a). We lind no express statutory requirement that the electronically stored &minal docket of ajustice court be simultaneously maintained on printed media, and we are aware of no principle of constitutional law or common law which would require creation of a “hard copy”of the docket under these cirau~.~tances. Article 45.U fails to stipulate whether a printed copy must be kept. Subpan (b) of article 45.13 was enacted in 1989. Acts 1989,71st Leg., ch. 499, 0 1, at 1684-85. Prior to that time, article 45.U imposed no specific

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requirement regarding the medium in which the docket was maintained. Historically, however, it was generally understood that the docket was a single record, printed and bound, containing the entries of the pmcced@p in the court. See former Tu R. Civ. P. 26 (Vernon 1979)(providing that court cl& shall “keep a court docket in a well bound book”); BUCK’SLAWDICIIONARY 431 (defining

“docket” to mean, inter &a, “[a] book containing an entry in brief of all the important acts done in court in the conduct of each case”). The 1989 addition of subpart (b) of article 45.U was obviously intended to oEerjustices of the peace the advantages of modem technology, a trend which is evident in other areas of axut administration. Seeinfm note 2. We note that the bill adding subpart (b) also repealed article 45.14 of the Code of CXminalProcedure, whichpreviously provided:

At each term of the district court, each justice of the peace shall, on the first day of the term of said amrt for their county, fde with the clerk of said court a certified transcript of the

. docket kept by such justice, of all cnminal cases examined or tried before him since the last term of such district Court; and such clerk shall immediately deliver such transcript to the foreman ofthe grand jury. Acts 1965,59th Leg., cb. 722, at 317 (formerly Code Qim. Proc. art. 45.14 repealed by Acts 1989,71st kg., ch. 499.0 2). We think the repeal of article 45.14 indicates general legislative intent to move away from printed or paper media to record the proceed@ ofjustice courts. It would be consistent with that general intent to conclude that justices of the peace are not required to simultan~usly maintain hard copies oftheir electronically stored &minal dockets.2 We note other statutes that are relevant to your inquiry. The court Administration Act places supervisory and administrative control over the judicial branch of state government in the Supreme Court of Texas. Gov’t Code 0 74.021.

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The court is authorized to adopt rules of administration for the court system including rules relating to a uniform dockets policy. Id 074.024(c)(7). The rules remain in effect unless and until disapproved by the legislature. Id 074.U24(d). To date, the supreme court has not adopted formal rules goveming the maintenance of dockets injustice courts.3 In addition, the Local Govemment Records Act, chapters 201 to 2435 of the Load Government Code, authoriaes the electronic storage of local government record data ‘in addition to or inrteed of **soura**documents in paper or other media, subject to the requirements ofthis chapter and rules adopted under it.” Local Gov’t Code 0 205.002(emphasis added). The State Library and Archives Commission is responsible for adopting rules governing the electronic storage of local government recor& including standards and procedures regarding the generation of backup or preservation copies of electronically stored records and public access to such records. Seeid 0 205.W3. The offia of the **justice** of the peace and its records are subject to the act. Id 00201.003(7) (“local government” includes all district and precinct of&es of a county), 201.003(8) (“local government record” includes, inter rrlirr,any document or electronic medium created or received by a local government or any of its **offiars);**see u&o Attorney General Opinion JM-1224 (1990) (act applies to electronic storage of county, district, and precinct records by county data processing department). The State Library and Archives Commission has to date not adopted formal rules governing the maintenance of the crimhml dockets of justia coum Accordingly, we conclude that the crimmal docket in ajustice court may be maintained electronically in addition to or in lieu of hard copy originals. Code Grim. Rot art. 45X+@); Local Wt Code 02QS.001. Whether the docket is kept on paper or maintained electronically, appropriate provisions must be made to implement public rights of impection. See Gov’t Code 027.004(a); Open Records Decision No.25 (1974).

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Ajustiaofthepeaamaymaintaintbecrimhaldocketin the**justia**court elef3ronically in addition to or in lieu ofprinted paper media The **justia** is not required to simultaneously maintain printed paper copies of the electronically stored docket.

DAN MORALES Attorney General ofTexas WILL PRYOR First Assistant Attorney General MARYKELLER Deputy Assistant Attorney General RENEAHICRS Special Assistant Attorney General MADELEINE B.JOHNSON Chair, Opinion Committee Prepared by Steve Arag6n Assistant Attorney General

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