the dallas morning news v. dallas county district attorney craig watkins original petition 2014

8/10/2019 The Dallas Morning News v. Dallas County District Attorney Craig Watkins original petition 2014

http://slidepdf.com/reader/full/the-dallas-morning-news-v-dallas-county-district-attorney-craig-watkins-original 1/24

PLAINTIFF’S ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS – 11455052 131015/00003

NO. ______________

THE DALLAS MORNING NEWS, INC., § IN THE DISTRICT COURT OF

Plaintiff , §

§v. §

§

DALLAS COUNTY DISTRICT § DALLAS COUNTY, TEXAS

ATTORNEY’S OFFICE and CRAIG §

WATKINS, in his official capacity as §

DISTRICT ATTORNEY OF DALLAS §

COUNTY, TEXAS, §

Defendants. § _____ JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION AND APPLICATION FORWRIT OF MANDAMUS

NOW COMES Plaintiff The Dallas Morning News, Inc. (“Plaintiff’) files this Original

Petition and Application for Writ of Mandamus against the Dallas County District Attorney’s

Office and Craig Watkins in his official capacity as District Attorney of Dallas County, Texas

and would respectfully show the Court the following:

I. PARTIES

1. Plaintiff is a Delaware corporation with its principal place of business in Dallas

County, Texas, and is the publisher of a daily newspaper of general circulation, The Dallas

Morning News (“The News”).

2. The Dallas County District Attorney’s Office is a “governmental body” as defined

by Section 552.003(1)(A)(i) of the Texas Government Code, which may be served through

District Attorney Craig Watkins at Frank Crowley Courts Building, 133 N. Riverfront

Boulevard, L.B. 19, Dallas, Texas 75207, or through any assistant district attorney of Dallas

1 of 24

DC-14-12443

Christi Unde

DALLAS

10/23/2014 12

GARY FITZ

DISTR




County, including Theresa Guerra Snelson, chief of civil division, at Dallas County

Administration Building, 411 Elm Street, Fifth Floor, Dallas, Texas 75202.

3.

Craig Watkins is the elected District Attorney of Dallas County, Texas, and as

such is the custodian of and officer for public information for that office and may be served at

Frank Crowley Courts Building, 133 N. Riverfront Boulevard, L.B. 19, Dallas, Texas 75207.

II. DISCOVERY CONTROL PLAN

4. Plaintiff intends to conduct discovery, if necessary, under Level 2 of Rule 190.3

of the Texas Rules of Civil Procedure.

III. VENUE AND JURISDICTION

5. Venue is proper in Dallas County pursuant to Section 15.002 of the Texas Civil

Practice and Remedies Code and Section 552.321(b) of the Texas Government Code.

IV. FACTUAL BACKGROUND

6. The underlying policy of the Texas Public Information Act (“TPIA”),

Government Code § 552.001 et seq., is to facilitate open government for the purpose of creating

an informed citizenry. The TPIA’s main principle is the right of the public to know about the

affairs of government and the official acts of public officials and employees. This suit concerns

the right of the public and the news media to know information about the spending of thousands

of dollars of public forfeiture funds by Mr. Watkins and the Dallas County District Attorney’s

Office. Reporters for The News filed two separate TPIA requests concerning the forfeiture fund

spending. Despite the fact that the information sought is public without exception, Mr. Watkins

and the District Attorney’s Office, without legal justification, have failed and refused to disclose

the requested public information to The News.

2 of 24




7. On August 16, 2014, The News published an article by reporters Jennifer Emily

and Matthew Watkins about a February 2013 car accident in which Mr. Watkins, driving a

county-owned and -issued vehicle, rear-ended another vehicle while distracted with his

cellphone. On information and belief according to published news reports, Mr. Watkins used

public forfeiture funds to pay the other driver approximately $50,000 to settle the driver’s claims

and for a non-disclosure agreement barring the revelation of the accident details to the public,

and used another $11,000.00 to repair the driver’s vehicle. The TPIA may not be circumvented

by contractual agreements by public officials or governmental bodies. The News also reported

that typically the settlement of legal claims and lawsuits must be approved by the county

commissioner’s court. Therefore, on information and belief, this settlement involving public

forfeiture funds appears irregular.

8. On September 13, 2014, The News’ Steve Blow reported that the other driver

stated he was moving at a normal speed when Watkins rear-ended him. The News also reported

that Watkins did not turn the matter over to the county’s insurance for routine handling. The

article further noted how some have questioned the legality of Watkins’ use of the forfeiture

funds to pay for the car repairs and settlement.

9. On October 1, 2014, reporter Jennifer Emily reported a news article about how in

2011, Mr. Watkins paid a private security firm, Pinkerton Consulting & Investigations, to sweep

for listening devices in his office. The News reported that Watkins paid Pinkerton $1,250.00

from public forfeiture funds for these services. The story also noted that Pinkerton’s security

sweep took place two months before agents from the FBI visited Watkins’ office.

3 of 24




District Attorney’s Office partially complied with the September 15th Request by providing

invoices and the check used to pay Pinkerton and those items are no longer being requested by

The News.)

14. The Defendants have not requested an Attorney General’s opinion regarding the

September 4th Requests and September 15th Requests. The Defendants have provided no

written response regarding the September 4th Requests or the remainder of the September 15th

Request.

15. On October 1, 2014, The News, by and through its attorneys, sent a letter to the

District Attorney’s Office regarding the outstanding requests and the Office’s non-compliance

with the TPIA. The letter informed the District Attorney’s Office of its public disclosure

obligations under the TPIA, and attached both the September 4th Requests and the

September 15th Request. This letter is attached as Exhibit C.

16. On October 9, 2014, The News, by and through its attorneys, sent another letter to

the District Attorney’s Office, again regarding the outstanding Requests. This letter again

informed the District Attorney’s Office of its public disclosure obligations under the TPIA. This

letter also imposed a deadline of October 13, 2014 to produce documents responsive to the

outstanding requests. This letter is attached as Exhibit D. Despite the letters, the District

Attorney’s Office and Mr. Watkins persist in failing and refusing to disclose responsive

information that is the subject of the Requests as set out herein.

V. COUNT ONE: WRIT OF MANDAMUS

17. Plaintiff repeats and realleges each of the foregoing paragraphs as if set forth fully

herein.

5 of 24




18. The outstanding information sought in the September 4th Requests and the

September 15th Request is public information.

19.

Section 552.022 of the Texas Government Code, defines certain categories of

public information as being without any exception to disclosure, including “information in an

account, voucher, or contract relating to a receipt or expenditure of public or other funds by a

governmental body.” Section 552.022(3) of the Texas Government Code. The September 4th

and 15th Requests come within this provision of the TPIA as the Requests concern the

expenditure of public funds and seek information in accounts and vouchers related to the

expenditure of public funds.

20. No exception to disclosure to these requests has been asserted by the Defendants

and none apply.

21. Further, as the Defendants have not sought an Attorney General’s opinion

pursuant to Section 552.301(b) of the Texas Government Code, there is a legal presumption that

the outstanding information responsive to the requests is public. Section 552.302 of the Texas

Government Code.

22. Accordingly, pursuant to Section 552.321 of the Texas Government Code, The

News is entitled to a writ of mandamus compelling the full disclosure by Defendants of all

outstanding information responsive to the September 4th and 15th Requests, for which The News

now prays.

APPLICATION FOR WRIT OF MANDAMUS

23. Defendants have failed to promptly disclose outstanding public information

sought by the Requests as required by TPIA § 552.221(a). Accordingly, The News hereby

6 of 24




applies for a writ of mandamus directing Defendants Craig Watkins, in his official capacity as

Dallas County District Attorney, and the Dallas County District Attorney’s Office to make the

information sought herein available to The News for immediate inspection and copying, in

accordance with the Texas Public Information Act.

VI. COUNT TWO: ATTORNEYS’ FEES

24. The News seeks an award of attorneys’ fees and costs against Defendants pursuant

to Section 552.323(a) of the Texas Government Code.

WHEREFORE, PLAINTIFF THE DALLAS MORNING NEWS, INC. respectfully

request that the Court set the foregoing matter for full and final hearing on an accelerated basis at

the earliest possible date, and that upon final hearing, Plaintiffs be granted the following relief:

(1) That the Court issue a writ of mandamus directing Defendants Craig Watkins, in

his official capacity as Dallas County District Attorney, and Dallas County District Attorney’s

Office to make the information sought herein available to Plaintiff for immediate inspection and

copying, in accordance with the Texas Public Information Act;

(2) That final judgment be entered for Plaintiff for its reasonable attorneys’ fees and

costs of litigation; and

(3) That Plaintiff has such other and further relief to which it may be justly entitled.

DATED: October 23, 2014.

7 of 24




Respectfully submitted,

/s/ Paul C. Watler

Paul C. Watler

State Bar No. 20931600Jillian R. Harris

State Bar No. 24087671

JACKSON WALKER, LLP901 Main Street, Suite 6000

Dallas, Texas 75202Telephone: (214) 953-6000

Facsimile: (214) 953-5822

ATTORNEYS FOR PLAINTIFF

THE DALLAS MORNING NEWS, INC.

CERTIFICATE OF SERVICE

This is to certify that, pursuant to Texas Rules of Civil Procedure, the foregoing has been

filed with the court on this 23rd day of October, 2014, and serviced via electronic mail and/or via

the Electronic Court Filing system upon counsel of record as follows:

District Attorney Craig Watkins Via E-Service/ECF at

Frank Crowley Courts Building [email protected]

133 N. Riverfront Boulevard, L.B. 19Dallas, Texas 75207

Attorney for Defendants

Honorable Teresa Snelson Via E-Service/ECF at

Chief, Civil Division [email protected]

Dallas County District Attorney’s Office

411 Elm StreetDallas, Texas 75202

Attorney for Defendants

/s/Jillian Harris

Jillian Harris

8 of 24



EXHIBIT Ato

Plaintiff’s Original Petition and

Application for Writ of Mandamus

9 of 24



10 of 24

A H BELO

CoRPoR TION

TPIA based on check forfeiture registry

·

f n c g ~ ~ : J G C

Emily Jennifer

<[email protected]>

To: Barbara Nicholas <[email protected]>

1 '

Thu, Sep 4, 2014 at

6: PM

Pursuant

to

Texas

open records laws, [ make the reques t for access

and

copies

of the

following documents

involved in the spending of money from the forfeiture fund:

•

ChcG\.Hrtttl'l' :)tl:'-5'4++){');.1,\38. i

on

w / m L l ; U : J L K j ~

• Check number

541003204

on

to/7/13

to William V. Dorsaneo

• Check

number

54100211 on 2/27/12 to Euro Automotive

• Check number 541002184 on4/21/12 to Euro Automotive

• Check

number 541002830 on

5/10/1.3

to

J-8

Equipment

• Check munber

541002832 on 5/10/13

to

J

-8 Equipment.

• Check

number 541003011 on 7/18/13

to Friendly.

• Check number 541002915 on 6/tB/13 to Dallas County (This is repaying the county for car repairs. I would

also

request

any

other documentation

the county has about

those car

repairs.)

• Checl< number

541002967

on / ~ ~ / 2 . 0 1 : ~ to Walker Auto body

• Check

number 541003010 on 7/18/1:3

to Euro Automotive

• Ci:u•wk-ltttmltet

1

zttltJ12 lO t T t t T t r t r . s : - t J c : [ m r t r n e t t i : · H f , J : H g t i ~ . ( : t : h i & - f f i . . ~ ~ t ~ ( " t r . J ' . ) I l t - H ) ' ; I ' O C 1 1 H O H t r · l ' 8 ( j H G S t - a

Ctclpy-ofl'hesettlmcrrt

.ttttl <lfTY'Ot r( t"'Tt'C:O'Jiff11tl'l:yl1l'g'11'or:trrri'Cnta1:itttrahmt.{:...wh;JL<l..Scttlau1ent..w.:J.o;.l}ilid.,.)

• Check

number 54100ao99 on 8/:.Hj:wi:J

to Dallas County

Fund 540

• I also

request

documentation about check number 540000t8t, which is mentioned in the registry of the

check

fund,

but there are no other

details. (This appears to

he about car repairs.

rwould also

request

any

information

the county

has about

those repairs.)

• Check

number

541003088 on 8/21/13 to Dallas County Fund 540.

• Check number

5410<J2aR8

on

10/10/2012

to Martin Perez and

the

law office of Bert GuetTero. (This is a

settlement agreement, I request a copy of tht: settlement and any other accompanying documentation

about

why a

settlement

was paid.)

Please

let

me

know

if the cost for my request (:xceeds

too.



11 of 24

hank

you

Jennifer Emily

The Dallas Morning 0fews

214 4::l5 2577



12 of 24



EXHIBIT Bto



13 of 24



14 of 24

A

H BELO

CoRPoR TION

open records request

Emily

Jennifer <[email protected]>

To: Teresa.Snelson <[email protected]>

Mon, Sep 15, 2014 at : 8PM

Pursuant to Texas open record laws I would like to request access to and copies of any documentat ion including

hut

not

limited to receipts

emails

memos checks about surveillance sweep of the DA s oft1ce. The check

for

the

forfeiture fund was paid to Pinke1ton Consulting & Investigations. The check number is

5410018126

I agree

that

any account numbers can be redacted as

well

as social security numbers birth dates.

Thank you

.Jennifer Emily

J NNIF R MILY

Criminal Courts Reporter

The allas

orning

News

[email protected]

ph: 214-435-2577

@dallascourts



EXHIBIT Cto



15 of 24



16 of 24

*

fACKSON

WALKER

L.LP.

____

. . ~ ~

Via Hand Delivery and E Mail

Hon. Teresa Snelson

Chief, Civil Division

ATTOR:- IEY COU;<SELORS

October 1 2014

Dallas County District Attorney's Office

Frank Crowley Courts Building

133

North Riverfront Blvd., L.B.

19

Dallas, Texas 75207

[email protected]

Paul C. Watler

(214) 953-6069 (Direct Dial)

(214) 66 -6669 (Direct Fax)

[email protected]

Re: Texas Public Information Act Request to the Dallas County District Attorney 's

Office

Dear Judge Snelson,

As counsel for The Dallas Morning

News ( The News ),

I am writing in regard to the

multiple Texas Public Infom1ation Act requests (the ''Requests") sent to the Dallas County

District Attorney's office on September 4, 2014 and September 15, 2014, by

The

News reporter,

Jennifer Emily. A copy of these Requests is enclosed. I am also writing as a follow up to the

calls my associate Jill Harris made to your office regarding these Requests on September 30,

2014.

On

September 4, 2014, Ms. Emily requested the production of various records currently

in

the possession

of

the District Attorney's office.

The

request pertained to documents involved

in spending of the forfeiture fund, including, but not limited to, checks, photographs, reports,

invoices, memorandums and emails. Ms. Emily also requested the production of any and all

documentation pertaining to the items bought by the District Attorney's otfice with check

number 541003665. To date, the District Attorney's office has failed to promptly produce any

information responsive to The

Ne>t S

September 4th request, as is required by TPIA § 552.221.

Further, on September 15, 2014, Ms. Emily requested the production of various records

the surveillance sweep of the Dist lict office, including, but not limited to,

memos and checks. the District office fulfilled

ll282286v

6



17 of 24

Teresa Snelson

October I, 2014

Page- 2

I would appreciate your office s earliest attention to this matter and the prompt

production of the requested public information.

Sincerely,

Enclosures

cc: Jill Harris

Jennifer Emily Via e mail at jemilJ:@dallasnews.com

112R22X l\



18 of 24

A H BELO

CoRPoR TION

TPIA based on check forfeiture registry

·

f n c g ~ ~ : J G C

Emily Jennifer

<[email protected]>

To: Barbara Nicholas <[email protected]>

1 '

Thu, Sep 4, 2014 at

6: PM

Pursuant

to

Texas

open records laws, [ make the reques t for access

and

copies

of the

following documents

involved in the spending of money from the forfeiture fund:

•

ChcG\.Hrtttl'l' :)tl:'-5'4++){');.1,\38. i

on

w / m L l ; U : J L K j ~

• Check number

541003204

on

to/7/13

to William V. Dorsaneo

• Check

number

54100211 on 2/27/12 to Euro Automotive

• Check number 541002184 on4/21/12 to Euro Automotive

• Check

number 541002830 on

5/10/1.3

to

J-8

Equipment

• Check munber

541002832 on 5/10/13

to

J

-8 Equipment.

• Check

number 541003011 on 7/18/13

to Friendly.

• Check number 541002915 on 6/tB/13 to Dallas County (This is repaying the county for car repairs. I would

also

request

any

other documentation

the county has about

those car

repairs.)

• Checl< number

541002967

on / ~ ~ / 2 . 0 1 : ~ to Walker Auto body

• Check

number 541003010 on 7/18/1:3

to Euro Automotive

• Ci:u•wk-ltttmltet

1

zttltJ12 lO t T t t T t r t r . s : - t J c : [ m r t r n e t t i : · H f , J : H g t i ~ . ( : t : h i & - f f i . . ~ ~ t ~ ( " t r . J ' . ) I l t - H ) ' ; I ' O C 1 1 H O H t r · l ' 8 ( j H G S t - a

Ctclpy-ofl'hesettlmcrrt

.ttttl <lfTY'Ot r( t"'Tt'C:O'Jiff11tl'l:yl1l'g'11'or:trrri'Cnta1:itttrahmt.{:...wh;JL<l..Scttlau1ent..w.:J.o;.l}ilid.,.)

• Check

number 54100ao99 on 8/:.Hj:wi:J

to Dallas County

Fund 540

• I also

request

documentation about check number 540000t8t, which is mentioned in the registry of the

check

fund,

but there are no other

details. (This appears to

he about car repairs.

rwould also

request

any

information

the county

has about

those repairs.)

• Check

number

541003088 on 8/21/13 to Dallas County Fund 540.

• Check number

5410<J2aR8

on

10/10/2012

to Martin Perez and

the

law office of Bert GuetTero. (This is a

settlement agreement, I request a copy of tht: settlement and any other accompanying documentation

about

why a

settlement

was paid.)

Please

let

me

know

if the cost for my request (:xceeds

too.



19 of 24

hank

you

Jennifer Emily

The Dallas Morning 0fews

214 4::l5 2577



20 of 24



21 of 24

A

H BELO

CoRPoR TION

open records request

Emily

Jennifer <[email protected]>

To: Teresa.Snelson <[email protected]>

Mon, Sep 15, 2014 at : 8PM

Pursuant to Texas open record laws I would like to request access to and copies of any documentat ion including

hut

not

limited to receipts

emails

memos checks about surveillance sweep of the DA s oft1ce. The check

for

the

forfeiture fund was paid to Pinke1ton Consulting & Investigations. The check number is

5410018126

I agree

that

any account numbers can be redacted as

well

as social security numbers birth dates.

Thank you

.Jennifer Emily

J NNIF R MILY

Criminal Courts Reporter

The allas

orning

News

[email protected]

ph: 214-435-2577

@dallascourts



EXHIBIT Dto



22 of 24



23 of 24

*

JACKSOi:'\ \VALKER L L P

7 ~ . - l

ia Hand Delivery and E Mail

Hon. Teresa Snelson

Chief, Civil Division

October 9, 2014

Dallas County District Attorney's Oftice

Frank Crowley Courts Building

133 North Riverfront Blvd., L.B. 19

Dallas, Texas 75207

[email protected]:

Paul C. Watler

(214) 953-6069 (Direct Dial)

(214) 661-6669 (Direct Fax)

[email protected]

Re:

exas

Public Information Act Request

to

the Dallas County District Attorney s

Office

Dear Judge Snelson,

I am writing again concerning the multiple Texas Public Information Act requests (the

Requests ) made by he

News

reporter, Jennifer Emily. Ms. Emily has followed up on the

Requests

on

numerous occasions, and informed your office that the requested documents were

not produced. The Requests themselves were enclosed in my previous October

1

2 14 letter.

Despite this, to date your office has not produced the requested documents. As your

office did not request an Attorney General decision within ten days of receiving the Requests, the

information is public, and therefore subject to disclosure. TPIA § 552.301; 552.302. By failing to

produce the information in a reasonable amount of time, the District Attorney's office has not

met its obligation to promptly disclose public information under TPIA § 552.221.

Any other basis for withholding the documents is without merit. Further excuses and non

compliance arc unacceptable. Since the time for compliance is past-due, the District Attorney's

office must forthwith produce the information.

If

the District Attorney's office

fails

to

r ' 'n r ' to the Requests Mondav October 13 2014 at 5:00 P.M. he Ne>1 S will carefully

all

ut

//fab)«

Paul C W atler

901 :c1 1ir1 S:rcc:. Suite

6

Hi

953·6

•

fax

12l4i 953-SR22



24 of 24

Teresa Snelson

October 9 2014

Page 2

cc: Jill Harris

Jennifer

Emily

Via e mail

t

/[email protected]

I 1

the dallas morning news v. dallas county district attorney craig watkins original petition 2014

Documents