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District Attorney Challenges District Clerk’s E-filing Rejections in Appeal to Texas AG

District Attorney Challenges District Clerk’s E-filing Rejections in Appeal to Texas AG

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District Attorney Granberry has requested an opinion from the Texas AG regarding the Nueces County District Clerk’s authority to reject e-filed documents based on technical issues. This could impact e-filing procedures in Texas.


District Attorney Challenges District Clerk’s E-filing Rejections in Appeal to Texas AG

District Attorney Challenges District Clerk’s E-filing Rejections in Appeal to Texas AG

James D. Granberry, the District Attorney for Nueces County, has formally requested an opinion from the Texas Attorney General regarding the authority of the Nueces County District Clerk to reject documents submitted for e-filing by the District Attorney’s office based on technical non-compliance.

In a letter dated June 4, 2024, Granberry expressed concerns about the District Clerk’s practice of returning documents for corrections due to technical defects, such as the misspelling of a party’s name or an incorrect court designation. Granberry contends that these rejections delay legal proceedings and are inconsistent with the Texas Rules Governing Electronic Filing in Criminal Cases and the statutory duties of the District Clerk.

Granberry asserts that under the Texas Code of Criminal Procedure, the District Clerk is obligated to “receive and file all papers” submitted, which indicates a ministerial role that does not extend to making substantive judgments about the documents. He referenced precedents from the Texas Court of Criminal Appeals, including Benson v. District Clerk and Aranda v. District Clerk, which establish that clerks must file documents without assessing their content for errors.

In his brief, Granberry highlighted Rule 2.6 of the Texas Rules Governing Electronic Filing in Criminal Cases. This rule stipulates that while clerks may identify errors and set a deadline for correction, they are not permitted to refuse to file a document based on non-compliance with technical standards. The commentary to Rule 2.6 clarifies that clerks should facilitate the filing process and leave substantive judgments to the courts.

Granberry noted that the District Clerk’s current practice of rejecting documents extends beyond his office and affects all parties, including civil litigants and pro se filers. This, he argues, impinges on the right of individuals to manage their legal affairs without undue interference.

The District Attorney emphasized that the policy of refusing to file documents until corrections are made contradicts the intent of the e-filing rules, which aim to streamline and simplify the filing process. He argued that while clerks can notify filers of errors, they should still accept and file the documents, allowing the legal process to proceed without unnecessary delays.

Granberry’s request for an Attorney General’s Opinion seeks to determine whether the District Clerk’s actions are legally justified or if they constitute an overreach of clerical authority. The outcome of this request could have significant implications for e-filing procedures throughout Texas, potentially setting a precedent for how clerks manage document filings in the digital age.


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