PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 1

11455052 131015/00003
NO. ______________

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

v.

DALLAS COUNTY DISTRICT DALLAS COUNTY, TEXAS
ATTORNEYS OFFICE and CRAIG
WATKINS, in his official capacity as
DISTRICT ATTORNEY OF DALLAS
COUNTY, TEXAS,
Defendants. _____ JUDICIAL DISTRICT


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR
WRIT 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 Attorneys
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 Attorneys 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 Underwood
FILED
DALLAS COUNTY
10/23/2014 12:40:25 PM
GARY FITZSIMMONS
DISTRICT CLERK


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 2
11455052 131015/00003
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 TPIAs 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 Attorneys
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 Attorneys Office, without legal justification, have failed and refused to disclose
the requested public information to The News.
2 of 24


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 3
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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 drivers 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 drivers 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
commissioners 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 countys 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 Pinkertons security
sweep took place two months before agents from the FBI visited Watkins office.
3 of 24


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 4
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10. Mr. Watkins is a candidate for re-election as district attorney in the general
election of November 4, 2014. His stewardship of public forfeiture funds and his administration
of the district attorneys office are matters about which voters and the news media have a right to
know under the Texas Public Information Act.
11. On September 4, 2014, Jennifer Emily, on behalf of The News, pursuant to the
TPIA submitted a written request to the Dallas County District Attorneys Office for access and
copies of the following documents involved in the spending of money from the forfeiture fund.
The request lists a series of check numbers and states that the requested documentation should
include but is not limited to photographs, reports, checks, invoices, memos and emails about the
expenditures. The News no longer seeks disclosure of the items lined-through by hand on the
attached copy of the September 4th request, but continues to seek all other outstanding public
information requested therein.
12. Also on September 4, 2014, The News submitted a separate written request for
all documentation about what was purchased with check number 541003665. This request was
also for information on the forfeiture fund. These requests are attached as Exhibit A and
incorporated by reference (the September 4th Requests).
13. In addition, on September 15, 2014, Jennifer Emily, on behalf of The News,
submitted another written request to the District Attorneys Office. This request was for access
to and copies of any documentation, including but not limited to receipts, emails, memos, checks
about surveillance sweep of the DAs office. The check for the forfeiture fund was paid to
Pinkerton Consulting & Investigations. The check number is 5410018126. This request is
attached as Exhibit B and incorporated by reference (the September 15th Request). (The
4 of 24


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 5
11455052 131015/00003
District Attorneys 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 Generals 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 Attorneys Office regarding the outstanding requests and the Offices non-compliance
with the TPIA. The letter informed the District Attorneys 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 Attorneys Office, again regarding the outstanding Requests. This letter again
informed the District Attorneys 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
Attorneys 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


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 6
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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 Generals 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


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 7
11455052 131015/00003
applies for a writ of mandamus directing Defendants Craig Watkins, in his official capacity as
Dallas County District Attorney, and the Dallas County District Attorneys 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 Attorneys
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


PLAINTIFFS ORIGINAL PETITION AND APPLICATION FOR WRIT OF MANDAMUS Page 8
11455052 131015/00003
Respectfully submitted,

/s/ Paul C. Watler
Paul C. Watler
State Bar No. 20931600
Jillian R. Harris
State Bar No. 24087671
JACKSON WALKER, LLP
901 Main Street, Suite 6000
Dallas, Texas 75202
Telephone: (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 craig.watkins@dallascounty.org
133 N. Riverfront Boulevard, L.B. 19
Dallas, Texas 75207
Attorney for Defendants

Honorable Teresa Snelson Via E-Service/ECF at
Chief, Civil Division teresa.snelson@dallascounty.org
Dallas County District Attorneys Office
411 Elm Street
Dallas, Texas 75202
Attorney for Defendants


/s/Jillian Harris
Jillian Harris
8 of 24



EXHIBIT A

to

Plaintiffs Original Petition and
Application for Writ of Mandamus

9 of 24
10 of 24
A. H. BELO
CoRPoRATION
TPIA based on check forfeiture registry
1
Emily, Jennifer <jemily@dallasnews.com>
To: Barbara Nicholas <Barbara.Nicholas@dallascounty.org>
1"'
Thu, Sep 4, 2014 at 6:00PM
Pursuant to Texas open records laws, [ make the request 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
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 to Walker Auto body
Check number 541003010 on 7/18/1:3 to Euro Automotive
Ci:uwk-ltttmltet !
1
zttltJ12!lO
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. r would 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
Thank you,
,Jennifer Emily
The Dallas Morning .0fews
214-4::l5-2577
12 of 24



EXHIBIT B

to

Plaintiffs Original Petition and
Application for Writ of Mandamus

13 of 24
14 of 24
A. H. BELO
CoRPoRATION
open records request
Emily, Jennifer <jemily@dallasnews.com>
To: "Teresa.Snelson" <Teresa.Snelson@dallascounty.org>
Mon, Sep 15, 2014 at 3:38PM
Pursuant to Texas open record laws, I would like to request access to and copies of any documentation, 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
JENNIFER EMILY
Criminal Courts Reporter
The Dallas Morning News
jemily@dallasnews.com
ph: 214-435-2577
@dallascourts



EXHIBIT C

to

Plaintiffs Original Petition and
Application for Writ of Mandamus

15 of 24
16 of 24
*
}W
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
Teresa.snelson@dallascounty.org
Paul C. Watler
(214) 953-6069 (Direct Dial)
(214) 66!-6669 (Direct Fax)
pwatler@jw.com
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 Distlict office, including, but not limited to,
memos and checks. the District office fulfilled
ll282286v
6000
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\ 2
18 of 24
A. H. BELO
CoRPoRATION
TPIA based on check forfeiture registry
1
Emily, Jennifer <jemily@dallasnews.com>
To: Barbara Nicholas <Barbara.Nicholas@dallascounty.org>
1"'
Thu, Sep 4, 2014 at 6:00PM
Pursuant to Texas open records laws, [ make the request 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
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 to Walker Auto body
Check number 541003010 on 7/18/1:3 to Euro Automotive
Ci:uwk-ltttmltet !
1
zttltJ12!lO
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. r would 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
Thank you,
,Jennifer Emily
The Dallas Morning .0fews
214-4::l5-2577
20 of 24
21 of 24
A. H. BELO
CoRPoRATION
open records request
Emily, Jennifer <jemily@dallasnews.com>
To: "Teresa.Snelson" <Teresa.Snelson@dallascounty.org>
Mon, Sep 15, 2014 at 3:38PM
Pursuant to Texas open record laws, I would like to request access to and copies of any documentation, 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
JENNIFER EMILY
Criminal Courts Reporter
The Dallas Morning News
jemily@dallasnews.com
ph: 214-435-2577
@dallascourts



EXHIBIT D

to

Plaintiffs Original Petition and
Application for Writ of Mandamus

22 of 24
23 of 24
*
JACKSOi:'\ \VALKER L.L..P.
7 ~ . - l
Via 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
Teresa.snelson@dallascounty.on:
Paul C. Watler
(214) 953-6069 (Direct Dial)
(214) 661-6669 (Direct Fax)
pwatler@jw.com
Re: Texas 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 The 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, 2014 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., The Ne>1'S will carefully
all
f aut //fab)
/
Paul C. W atler
901 :c1.1ir1 S:rcc:. Suite 6000 Hi 9536000 fax 12l4i 953-SR22
24 of 24
Teresa Snelson
October 9, 2014
Page 2
cc: Jill Harris
Jennifer Emily Via e-mail at /emil_y@dallasnews.com
I 1