First Amendment action filed against Texas court clerks

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The Texas Supreme Court put in place a public access rule last year that said clerks must put new court pleadings into the public record “the same business day” they are received.

No sooner had the rule been signed by the justices than it was degraded by the court bureaucracy.

The chair of the tech committee told local court clerks: “Things need to be processed in 24 hours.”

The head of IT hammered it home: “One business day.”

And nothing more was said on the matter at the first meeting of the Judicial Committee on Information Technology after the new rule was put in place.

In that quick stroke, the standard had been reinterpreted from same day to next day. Therein lies a First Amendment lawsuit.

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