VIDEO FOOTAGE PIA REQUEST TO HARRIS COUNTY DISTRICT COURT
Originally Published: May 22, 2023 | Republished: May 22, 2023
202268307 – BURKE, MARK vs. KPH-CONSOLIDATION INC (DBA HCA HOUSTON HEALTHCARE KINGWOOD) (Court 234, JUDGE LAUREN REEDER)
RE; 1/09/2023 01:00 PM HEARING REGARDING MOTION FOR TEMPORARY INJUCTION, etc. IN PERSON, COURT 234, BEFORE JUDGE REEDER
I am requesting Harris County District Court surveillance and courtroom video showing defendant’s counsel entering and leaving the building and the specific time they arrived and time they left the courthouse building, including all video footage of defendant’s counsel Benjamin Hamel and Madison Addicks of Serpe Andrews PLLC law firm along with the courtroom video of the hearing itself before Judge Lauren Reeder with staff including court reporter Norma Thieme and the events and timeline of the court hearing and specifically video footage of what happened after the court hearing concluded.
I reserve my rights to amend this request or provide further clarification depending on the video footage released.
I have been advised that your office is the correct person to obtain video surveillance footage as detailed below. I hereby tender my formal request for this footage, which involves a hearing held at the courthouse for the following case and involves named lawyers entering and leaving the courthouse;
202268307 – BURKE, MARK vs. KPH-CONSOLIDATION INC (DBA HCA HOUSTON HEALTHCARE KINGWOOD) (Court 234, JUDGE LAUREN REEDER)
RE; 1/09/2023 01:00 PM HEARING REGARDING MOTION FOR TEMPORARY INJUCTION, etc. IN PERSON, COURT 234, BEFORE JUDGE REEDER
I am requesting Harris County District Court surveillance and courtroom video showing defendant’s counsel entering and leaving the building and the specific time they arrived and time they left the courthouse building, including all video footage of defendant’s counsel Benjamin Hamel and Madison Addicks of Serpe Andrews PLLC law firm along with hallway footage of them entering the courtroom and the events and timeline after the hearing ended, specifically video footage of where these parties went after the court hearing concluded and when they finally exited the courthouse. I do not seek any video of areas that are outwith the constitutionally allowed areas, known as public access and recording areas which are subject to this type of open records request.
I reserve my rights to amend this request or provide further clarification depending on the video footage released.
Reference No:
O095611-071323
Contact E-Mail:
blog@bloggerinc.org
Thank you for your interest in public records of the Harris County Sheriff’s Office. Your request has been received and is being processed in accordance with Chapter 552 of Texas Government Code, the Public Information Act. Your request was given the reference number O095611-071323 for tracking purposes.
Records Request Details:
Type of Records Requested:
Your request will be forwarded to the relevant County department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question.
PLEASE NOTE: The Texas Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request under the “My Records Center” link. Again, thank you for using the Open Records Center.
Harris County Sheriff’s Office
Re: Response to your request for access to court files, security footage and courtroom video (letter emailed, 4.16 pm, Jun 8, 2023)
Dear Mr. Burke,
The request which you sent to the District Clerk’s Office was forwarded to my office. My office is the administrative offices of the Harris County District Courts. Your email references the Public Information Act under Chapter 552 of the Texas Government Code. My office is construing your request as a request under Rule 12 of the Texas Rules of Judicial Administration, as the judiciary is specifically exempted under Chapter 552 of the Texas Government Code. Under Rule 12, the initial time period for a response is 14 days, instead of 10 days.
Your request appears to seek three categories of records: 1) “access to, and inspection of the following cases (causes) 2022-68307”, 2) “Harris County District Court surveillance . . . video”; and 3) “Harris County District Court . . . courtroom video”.
As to your request for access to the court’s file, it is my understanding that you are a party to the case referenced – 2022-68307. As such, you should have access to the clerk’s file (the pleadings, motions, exhibits, orders, and docket sheet). If for some reason you are unable to access the clerk’s file, that request is appropriately addressed to the Harris County District Clerk. If that is the case, I would recommend addressing that inquiry to their main office / technical support, instead of to open records.
As to your request for surveillance video, the Harris County District Courts do not maintain surveillance or security footage. Courthouse security and any surveillance are performed by and maintained by Harris County Constable Alan Rosen’s Office (Harris County Constable’s Office Precinct 1) and/or the Harris County Sheriff’s Department.
Constable Rosen’s Office can be reached at;
Harris County Constable’s Office Precinct 1 1302 Preston, Suite 301
Houston, Texas 77002
The Harris County Sheriff’s Office can be reached on line at:
Harris County Sheriff’s Office – Public Records Center (govqa.us)
Or by mail at: Harris County Sheriff’s Office
Open Records Request 1200 Baker Street
Houston, Texas 77002
To the extent that the judiciary is or could be a custodian for or in control of the security footage, I must deny your request. The request for security footage seeks information which is confidential under Rule 12.5(b) and 12.5(i), and seeks data and information exempted from disclosure.
Your request additionally seeks information that is exempt from disclosure under Section 418.182 of the Texas Government Code. See also Per Curiam Rule 12 Decision 21-015.
As to your request for courtroom video, please know Harris County District Courts do not record courtroom proceedings, and to the extent that a court may have livestreamed a hearing, no copies are maintained by the district courts.
To the extent your request seeks Zoom recordings, the district courts do not record Zoom proceedings. You may obtain a record of court proceedings, if one was requested and taken, from the court reporter in accordance with the Rules of Civil Procedure.
Under Rule 12.9 of the Rules of Judicial Administration you may appeal a denial of release of judicial records by filing a petition for review with the Administrative Director of the Office of Court Administration, P.O. Box 12066, Austin, Texas 78701.
Your petition for review must be filed no later than 30 days after the date you receive notice of a denial of access to a judicial record.
Sincerely,
Richard Woods,
District Courts Administrator
Copy: Harris County District Clerk’s Administrative Office
I am writing this email to formally request an immediate retraction of the letter dated June 8, 2023, which I recently received from your office.
I have carefully reviewed the contents of the aforementioned letter, and I must express my strong objection to the interpretation provided by Mr. Woods regarding my Personal Information Access (PIA) request.
Specifically, Mr. Woods has misconstrued my PIA request, submitted online and where no reference to Rule 12 is present, as a request made under Rule 12. I would like to highlight that this is a legal error on his part.
To clarify, I never made any request under Rule 12 and firmly disavow the content of your letter, as it lacks the necessary authority and is based on an incorrect understanding of my original request.
I kindly request your prompt attention to this matter and request that you provide me with a written confirmation of the retraction. Your confirmation will help to alleviate any concerns I have regarding the misinterpretation of my request and ensure that appropriate measures are taken to rectify the situation.
Thank you for your prompt assistance in this matter. I look forward to receiving your confirmation of the retraction at your earliest convenience. Should you require any further clarification or information, please do not hesitate to contact me.
Sincerely,
Mark Burke
Mr. Burke,
This email is official confirmation that my office has received your request.
Good afternoon
I am still waiting for a retraction, please advise.
Sincerely
Mark Burke
Good afternoon,
I am writing to urgently follow up on my previous emails regarding my request for a retraction. Despite my efforts to seek clarification, I have not received any response, which is concerning.
As an engaged party in this matter, I believe it is crucial to address any potential inaccuracies promptly. In light of the absence of a response thus far, I am growing increasingly uncertain about the status and progress of my request.
I understand the demands of your position and the challenges you face, but I kindly request your immediate attention to this matter. It is essential that my concerns are acknowledged and given due consideration.
In my previous correspondence, I presented compelling evidence supporting the need for a retraction. However, the lack of response leaves me with doubts about the seriousness with which my request is being taken.
As such, I expect a prompt and substantive response to my concerns.
Thank you for your immediate attention to this issue.
Sincerely
Mark Burke
Re: Your request for a “retraction” of my June 8, 2023 responsive letter
Dear Mr. Burke,
I am in receipt of your request that my office “retract” the June 8, 2023 responsive letter. You have indicated that I misconstrued your request by answering you under Rule 12 of the Texas Rules of Judicial Administration, instead of responding under Chapter 552 of the Texas Government Code (the Public Information Act, or PIA).
As I explained in my June 8th letter, the judiciary is exempted under Chapter 552 of the Texas Government Code. Chapter 552 of the Texas Government Code concerns public information and the handling of public information requests. The judiciary is not included in the definition of a “government body” subject to Chapter 552. See Tex. Govt. Code §552.003(1)(B)(i). Specifically, “access to information collected, assembled or maintained by or for the judiciary is governed by rules adopted by the Supreme Court of Texas or by other applicable laws and rules.” Tex. Govt. Code §552.0035. The Rule concerning the public’s access to judicial data and information as adopted by the Texas Supreme Court is Rule 12 of the Texas Rules of Judicial Administration.
I work for the judiciary – I am the administrator of the district courts. Therefore, my June 8th response was given under the rules that govern the judiciary. To the extent you desire a response under the PIA, my response is that the judiciary is exempted from the PIA and instead is governed by Rule 12 of the Texas Rules of Judicial Administration. My response under Rule 12, as provided on June 8th, 2023, remains unchanged.
Under Rule 12.9 of the Rules of Judicial Administration you may appeal a denial of release of judicial records by filing a petition for review with the Administrative Director of the Office of Court Administration, P.O. Box 12066, Austin, Texas 78701. Your petition for review must be filed no later than 30 days after the date you receive notice of a denial of access to a judicial record.
Sincerely,
Richard Woods,
District Courts Administrator
Copy: Harris County District Clerk’s Administrative Office
Good morning Ms Gaffney
Thank you for your reply.
I will await the response, but I would like for you to clarify the “open records request” element.
Are you suggesting that all individuals entering and leaving the court buildings are exempt from my request?
If you read my request, it specifically asks for video footage for lawyers entering and leaving the court and rooms in the courthouse, as would be captured on video. It is my understanding that this is not exempt from production.
Furthermore, related to judicial and court staff footage see; https://lawsintexas.com/pr/1kg ; https://lawsintexas.com/pr/6f and many more online video clips which show clerks and judges working, as captured on video, and released to the public upon request.
Or, perhaps you are advising that Texas laws and rules are radically unique when citizens and journalists submit requests for access to court surveillance video footage in Harris County buildings?
see; https://www.youtube.com/watch?v=ZtGFw1hVYHQ
I hope you can shed more clarity on your response, which pertains to my open records request and not Rule 12.
Cheers
Mark Burke
Dear Mr. Burke,
Good morning. Your request was received by DCA on Monday, June 5th.
The Judiciary is exempted from the Open Records Act, but has a related rule – Rule 12 of the Rules of Judicial Administration.
The response timeline under Rule 12 is 14 days from receipt.
A response to your request will most likely come from Richard Woods, the Court Administrator.
It is possible a response / initial response, might be sent to you prior to June 19th (as the 19th is a holiday).
Please feel free to check back if you do not have a response by June 19th.
Sincerely,
Eileen Gaffney
Staff Attorney
Administrative Office
District Courts of Harris County
301 Fannin, Room 611
Houston, Texas 77002
voice (832) 927-2727
fax (832) 927-8973
Good morning Mr. Burke,
I provided your request to Court Administration, and Family & Civil Divisions Operations Manager Melissa Love let me know she passed it onto their Staff Attorney Eileen Gaffney.
That is the last update I have received so far. I am sharing their contact information below for you.
Melissa Love: Melissa_Love@Justex.net
Eileen Gaffney: Eileen_Gaffney@Justex.net
I hope this helps.
Mark Burke
6:58 AM (3 hours ago)
Good morning Ms Lopez,
I would like an update on my request. Have you obtained the video footage, or have you ascertained which person or department is responsible to address my request?
See;
State of the Art Security Cameras with Facial Recognition Installed in All Harris County Gov’t Buildings – https://lawsintexas.com/pr/2kl
I look forward to your earliest response.
Cheers
Mark Burke