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Release| For Immediate Release:
Tuesday, April 17, 2002 |
Contact: Craig McDonald , Andrew Wheat
(512) 472-9770 |
Lawmaker Settles Lawsuit by Disclosing Court Delays
* Rep. Green Discloses Two Court “Continuances”
* TPJ Will Pursue Records of 47 Other Legislators
Austin, TX: Texans for Public Justice (TPJ) and Rep. Rick Green agreed to settle a lawsuit today after Rep. Green agreed to publicly disclose the only two requests that he says he made for “legislative continuances” in the previous two legislative sessions.Around the time that the legislature is in session, Texas lawmakers who represents a party to a legal matter can request an automatic delay of state court proceedings until after the legislature adjourns. Invoking Texas’ Public Information Act in July 2001, Texans for Public Justice asked 62 lawmakers who were Texas Bar Association members to disclose any legislative continuances that they had sought during the 1999 and 2001 sessions.
Just 14 lawmakers provided any information responsive to this request, with 48 others either failing to respond or responding by saying that they would not provide this information. Although many respondents argued that they were not legally required to provide this information, Rep. Green, R-Dripping Springs, was the only lawmaker who said he based his response on advice from the Office of the Attorney General (OAG). Since the OAG did not issue a formal opinion, however, and because TPJ disagrees with this interpretation of the Public Information Act, TPJ sued Rep. Green on February 26, 2002 in an effort to obtain a court ruling that would compel all lawmakers to disclose their continuances.
Rep. Green’s continuance disclosures illustrate how difficult it is for the public to obtain this information when lawmakers refuse to provide it. This Central Texas lawmaker filed one continuance in Burnet and another in San Marcos county seats that are 65 miles apart as the crow flies.
“In the wake of Rep. Green’s continuance disclosures, TPJ will pursue the 47 other lawmakers who have failed to make their continuances available to the public,” said Texans for Public Justice Director Craig McDonald.
TPJ is not opposed to the fair use of legislative continuances. But it recognizes that this legislative perquisite could be abused and should be publicly disclosed.
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Texans for Public Justice is a non-profit, non-partisan research
organization
that tracks the role of money in Texas politics.