Hopkins County Court at Law Sealing & Redaction Procedures

CRITICALCivil cases

Until the attorney destroys the file, their heightened duty of privacy and security shall continue. In other words, after the case has concluded, the file should continue to remain encrypted or locked away until it is destroyed.

Until the attorney destroys the file, their heightened duty of privacy and security shall continue. In other words, after the case has concluded, the file should continue to remain encrypted or locked away until it is destroyed.

CRITICALCivil cases

(a) Each paper in a docket for mental health proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the county judge, a judge of a court that has probate jurisdiction, or a judge of a district court having jurisdiction in the county in which the docket is located. (b) A judge may not issue an order under Subsection (a) unless the judge enters a finding that: (1) the use, inspection, or copying is justified and in the public interest; or (2) the paper is to be released to the person to whom it relates or to a person designated in a written release signed by the person to whom the paper relates.

(a) Each paper in a docket for mental health proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the county judge, a judge of a court that has probate jurisdiction, or a judge of a district court having jurisdiction in the county in which the docket is located. (b) A judge may not issue an order under Subsection (a) unless the judge enters a finding that: (1) the use, inspection, or copying is justified and in the public interest; or (2) the paper is to be released to the person to whom it relates or to a person designated in a written release signed by the person to whom the paper relates.

CRITICALCivil cases

The County Clerk's office or specified judges' staff may make a case-file copy only for the patient's attorney.

A copy of the patient's case file may be made by the County Clerk's office or the staff of the County Judge or CCL Judge. Said copy may only be made for the patient's attorney.

CRITICALCivil cases

The appointed attorney may obtain the entire case file and must keep digital files encrypted and take reasonable steps to secure paper files.

In all such cases, the attorney appointed to represent the patient is specifically authorized to obtain a copy of the patient's entire mental health case file, whether in paper or digital form. If in digital form, the file shall be at all times encrypted (password-protected). If in paper form, the attorney shall take reasonable steps to keep the file in a locked, secure, and private place.

CRITICALCivil cases

When mental-health confidentiality law or physician-patient privilege applies, the judge must also find that the reasons for access fall within an applicable statutory exemption.

(c) In addition to the finding required by Subsection (b), if a law relating to confidentiality of mental health information or physician-patient privilege applies, the judge must find that the reasons for the use, inspection, or copying fall within the applicable statutory exemptions.

CRITICALCivil cases

The papers must be released to an attorney representing the proposed patient in a proceeding under the subtitle.

(d) The papers shall be released to an attorney representing the proposed patient in a proceeding held under this subtitle.

WARNINGCivil cases

An attorney who declines a copy may inspect the County Clerk's original file during business hours.

If an attorney elects to not receive a copy of the case file, they may inspect the County Clerk's original file during business hours.

WARNINGCivil cases

The section does not restrict law enforcement access to information necessary to execute a writ or warrant.

(e) This section does not affect access of law enforcement personnel to necessary information in execution of a writ or warrant.