The Texas offense of Confidentiality Of Judicial Work Product makes it illegal to leak court opinions and other judicial work product.
CONFIDENTIALITY OF JUDICIAL WORK PRODUCT ATTORNEY FAQs
After the highly-publicized leak of the draft United States Supreme Court order in Dobbs v. Jackson Women’s Health Organization, the Texas legislature was inclined to criminalize any similar types of leaks in Texas courts.
Have you been charged with Confidentiality Of Judicial Work Product? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
Learn more about the Confidentiality Of Judicial Work Product offense below.
What is the current Texas law about Confidentiality Of Judicial Work Product?
The current Texas law defines the offense of Confidentiality Of Judicial Work Product in Government Code Section §21.013 as follows:[1]
(e) A person, other than a justice or judge, with access to non-public judicial work product commits an offense if the person knowingly discloses, wholly or partly, the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, employee of an agency established under Chapter 71 or 72, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding.
This offense was created by the 88th Texas Legislature in 2023,[2] effective September 1, 2023.[3]
How can I be charged with Confidentiality Of Judicial Work Product?
You can be charged with Confidentiality Of Judicial Work Product if the state’s attorneys believe that each of the elements of 21.013 as described in the section above have been met.
What is the punishment for Confidentiality Of Judicial Work Product?
Confidentiality Of Judicial Work Product is punished as a Class A misdemeanor.[4]
Legal References:
^1. Texas Government Code §21.013^2. SB 372 88th Texas Legislature (RS), Section 1^3. SB 372 88th Texas Legislature (RS), Section 3^4. Texas Government Code §21.013(f)
