IN THE SUPREME COURT OF TEXAS
Misc. Docket No. 99- 9082
__________________________________________
IN RE PETITION OF NOLO PRESS, INC.
TO AMEND RULES GOVERNING
THE UNAUTHORIZED PRACTICE OF LAW COMMITTEE
__________________________________________
PER CURIAM
In Cause No. 98-0724, styled
In re Nolo Press/Folk Law, Inc.
, relator Nolo Press, Inc., a
publisher of self-help legal books and computer software, has petitioned for a writ of mandamus
compelling the Unauthorized Practice of Law Committee of the State Bar of Texas to produce
certain documents and information, and alternatively, for clarification or modification of this Court's
September 16, 1986 Order
(1)
that limits disclosure of Committee records. In today's opinion in that
case we deny mandamus relief and, for reasons there explained, conclude that Nolo Press's
alternative request for clarification or modification of the 1986 Order should be treated as an
administrative matter.
(2)
We here address that matter.
The 1986 Order makes all the UPL Committee's records confidential. Before considering
modifications to this Order our usual procedure would be to call for comments from the Committee
and all interested persons. That procedure has already been served last year, however, by the
Judicial Council's lengthy study and several public hearings regarding disclosure of certain records
and information possessed by courts and agencies in the Judicial Department. Although the study
did not focus on the UPL Committee, all persons interested in the confidentiality and disclosure of
records of all judicial agencies were invited to comment. The Court received no comments
specifically related to the UPL Committee. Based on the Council's recommendations and public
comments, the Court promulgated proposed Rule 12 of the Rules of Judicial Administration, subject
to comments received prior to its effective date of April 1, 1999.
(3)
After receiving additional
comments and making other changes, the Court has promulgated Rule 12.
(4)
The UPL Committee is a "judicial agency" as defined by Rule 12.2(b), but because this
Court's 1986 Order makes all the Committee's records confidential, Rule 12 does not apply to the
Committee.
(5)
Rule 12 is designed to protect a judicial agency's records from public disclosure when
its function would be compromised, and otherwise to make records available to the public on
request. We see no reason why this rule should not apply to the UPL Committee as it would to any
other judicial agency; indeed, one goal of Rule 12 is a uniform treatment for judicial records
throughout the judicial department. Since the UPL Committee has no adjudicative power, all its
records would be judicial records as defined by Rule 12.2(d).
Nolo Press has requested four categories of information and records: (1) the names of the
UPL Committee's subcommittee members; (2) the dates, times, locations, agendas, and minutes of
past and future meetings; (3) copies of the Committee's internal rules and procedures; and (4) all
internal documents related to the Subcommittee's investigation of Nolo Press. We cannot, of course,
decide how Rule 12 would apply to specific records of the UPL Committee. We have not reviewed
the Committee's records, nor is it for this Court to make such determinations in the first instance.
Rule 12 provides a procedure for applying and enforcing its provisions. Rather, our concern is
whether there is something about the UPL Committee's operations or records in general that should
require treatment different from that afforded other judicial agencies whose functions must also be
conducted with a degree of confidentiality. Neither Nolo Press's request, nor any factor considered
by the Judicial Council of which we are aware, suggests that the UPL Committee must be treated
uniquely.
Accordingly, we conclude that our 1986 Order should not insulate the UPL Committee's
records from disclosure under Rule 12. Vacating that Order will place the UPL Committee under
Rule 12.
IT IS THEREFORE ORDERED that the Court's September 16, 1986 Order relating to the Unauthorized Practice of Law Committee is vacated.
SIGNED AND ENTERED this 15th day of April, 1999.
Thomas R. Phillips, Chief Justice
Nathan L. Hecht, Justice
Craig T. Enoch, Justice
Priscilla R. Owen, Justice
James A. Baker, Justice
Greg Abbott, Justice
Deborah G. Hankinson, Justice
Harriet O'Neill, Justice
Alberto R. Gonzales, Justice
Appendix I
IN THE SUPREME COURT OF THE
STATE OF TEXAS
Supplemental Order to the November 17, 1980 Order
Adopting Rules for he Unauthorized Practice of Law Committee
WHEREAS, the Unauthorized Practice of Law Committee is appointed by the Supreme
Court of Texas; and,
WHEREAS, the Committee currently operates pursuant to rules considered and approved
and ordered adopted by the Supreme Court, in banc, in chambers of November 17, 1980; and
WHEREAS, The Committee in its work discharges its obligations on behalf of the Supreme
Court;
IT IS, THEREFORE, ORDERED that the rule adopted as "Exhibit A" and attached hereto
and incorporated by reference by adopted by the Court, in banc, in chambers, this 16
th
day of
September, 1986.
s/ John L. Hill, Chief Justice
Sears McGee, Justice
Robert M. Campbell, Justice
Franklin S. Spears, Justice
C. L. Ray, Justice
James P. Wallace, Justice
Ted Z. Robertson, Justice
William W. Kilgarlin, Justice
EXHIBIT "A"
UNAUTHORIZED PRACTICE OF LAW COMMITTEE
Rules No. _____________
Section 12.
Said Committee shall keep all records, documents and other information of the Unauthorized
Practice of Law Committee and its subcommittees (hereinafter referred to collectively as the
"Committee") that are in its possession for the purposes of discharging its obligations in behalf of
the Supreme Court confidential and shall release same only:
(1) For the Committee's use in enforcement proceedings to eliminate the
unauthorized practice of law;
(2) To satisfy all other requirements of the Committee pursuant to Tex. Rev. Civ.
Stat. Ann. Art. 320a-1, §19;
(3) In response to proper requests of or to assist law enforcement agencies and
prosecutors in the detection, investigation and prosecution of crimes; and
(4) In furtherance of any other orders from the Texas Supreme Court.
1. Supplemental Order to the November 17, 1980 Order Adopting Rules for the Unauthorized Practice of Law Committee (Tex. Sept. 16, 1986) (hereinafter "1986 Order") ( infra , Appendix I).
2. In re Nolo Press/Folk Law, Inc. , ___ S.W.2d ___ (Tex. 1999).
3. Order Approving Revisions to the Texas Rules of Judicial Administration, Misc. Docket No. 98-9170 (Tex., Oct. 8, 1998), reprinted in 61 Tex. Bar J. 994 (Nov. 1998).
4. Order of Final Approval of Rule 12 of the Texas Rules of Judicial Administration and of Canon 3(C)(5) of the Code of Judicial Conduct, Misc. Docket No. 99-9058 (Tex., Mar. 24, 1999), reprinted in 62 Tex. Bar J. ___ (May 1999).
5. Tex. R. Jud. Admin. 12.3(a).