${Defendant_First} ${member_last}
${defendant_address}
${member_city}, ${defendant_state} ${member_zip}
${member_email}
${current_date}
Custodian of Records
${jurisdiction_address}
${jurisdiction_city}, ${jurisdiction_state} ${jurisdiction_zip}
Ref: Open Government Request
Greetings:
You are hereby directed to provide for my inspection and/or copying all records collected, assembled or maintained by your department to include the following:
Please provide a copy of the indictment in the case number: ${member_case_no} as referenced by Texas Constitution Article IV Section 17 which reads as follows:
Section 17 - TERMS OF COUNTY COURT; PROSECUTIONS; JURIES
The County Court shall hold terms as provided by law. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee. (Amended Nov. 5, 1985, and Nov. 6, 2001.) (emphasis added)
This request shall be construed as a request to examine actual physical documents collected, assembled, or maintained by the department and shall not be construed as a request for copies of same. Requestor specifically demands direct physical access to the records kept by the department relevant to the instant request without regard to rather or not said records are originals or copies of originals, so long as they accurately reflect the content of the original records from which copies were made.
You will notify me of the following:
In the event the department has a question as to the availability of any record requested and the department has performed a due diligent search of existing determinations without resolution and decides to request a determination from the attorney general, it is specifically requested that requestor be promptly notified and copied any such request for an attorney general opinion that requestor may have timely opportunity to brief the general. Requestor shall consider any delay subject to a request for an opinion when there are pre-existing determinations as an attempt to chill requestor's access to said records for delay's sake and a violation of the act.
Your cooperation in this matter will be greatly appreciated.
Respectfully submitted
___________________
${Defendant_First} ${member_last}
${defendant_address}
${member_city}, ${defendant_state} ${member_zip}
${member_email}