Opinion
No. 06-18-00025-CR No. 06-18-00026-CR
07-16-2019
BRADLEY CURTIS KOUGHER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 8th District Court Hopkins County, Texas
Trial Court Nos. 1726304 & 1726305 Before Morriss, C.J., Burgess and Stevens, JJ. ORDER
Court reporter Jana Atchison Rushing recorded the trial court proceedings in appellate cause numbers 06-18-00025-CR and 06-18-00026-CR, styled Bradley Curtis Kougher v. The State of Texas, trial court cause numbers 1726304 and 1726305, respectively, in the 8th Judicial District Court of Hopkins County, Texas. A copy of this record has been requested by a family member of Bradley Curtis Kougher.
After receiving that request, we asked Rushing if she would voluntarily redact the sensitive data from the record before we were faced with the prospect of disclosing an unredacted copy of the reporter's record. Rushing has respectfully declined to redact the sensitive data, on a voluntary basis. See TEX. R. APP. P. 9.10. Sensitive data includes,
(1) A driver's license number, passport number, social security number, tax identification number or similar government-issued personal identification number;TEX. R. APP. 9.10(a). Rule 9.10(b) provides that, "[u]nless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data." Further, "[t]he filing of a document constitutes a certification by the filer that the document complies with paragraphs (a) and (b) of this rule." TEX. R. APP. P. 9.10(e).
(2) bank account number, credit card number, and other financial account number;
(3) a birth date, a home address, and the name of any person who was a minor at the time the offense was committed.
Having determined that volumes 1 and 3 through 9 of the reporter's record contain sensitive data, as that term is defined by Rule 9.10, we hereby ORDER Rushing to redact from these volumes any and all sensitive data they contain.
These volumes contain the names of five persons who were minors when the offense was committed. See TEX. R. APP. 9.10(a)(3). In accordance with Rule 9.10(d), "Sensitive data must be redacted by using the letter 'X' in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted." TEX. R. APP. P. 9.10(d).
Those volumes of the so redacted reporter's record are to be received by this Court no later than Thursday, August 8, 2019. If any of such redacted volumes are not received by August 8, we warn Rushing that we may begin contempt proceedings and order her to show cause why she should not be held in contempt of this Court for failing to obey its order.
IT IS SO ORDERED.
BY THE COURT Date: July 16, 2019