Texas § GV.21.013 - CONFIDENTIALITY OF JUDICIAL WORK PRODUCT

§ GV.21.013. CONFIDENTIALITY OF JUDICIAL WORK PRODUCT

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. The term does not include information related to a person who is required to submit to electronic monitoring of a person's location as part of an electronic monitoring program under Article 42.035 , Code of Criminal Procedure, or as a condition of community supervision, parole, mandatory supervision, or release on bail. (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 Section 1 , Article V, Texas Constitution, other than a commissioners court; and (2) a court subject to this subtitle. (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. Added by Acts 2023, 88th Leg., R.S., Ch. 1054 (S.B. 372 ), Sec. 1, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 288 (S.B. 1020 ), Sec. 5, eff. September 1, 2025.