We are excited to be back in the swing of things at conferences around the state! Don’t forget, this might slow down the legal board or legal call response time if staff is traveling to or teaching at a program.
This round of Updates includes some important legal announcements and links to sign up for several training opportunities, so make sure to scroll all the way to the bottom.
Don’t forget! Every court should have (as of January 1, 2025) a Juvenile/Youth Diversion Plan available for public inspection. For more resources, information, and help with this topic, please see a special post on this blog, The Docket.
Legal Question of the Week
Question: I sent a request to a Health Care Provider for records of a deceased using the form provided on your website. The provider uses an outside company to manage their records. I received a reply that I had to provide an attestation form under the Reproductive Health Care Privacy Final Rule before I can receive the records. Is this proper and, if so, what do I need to attest. Thanks,
This webinar will feature a justice of the peace and constable discussing issues around short-term vacation rentals, tenants vs. lodgers, property owners’ rights, and more.
Restorative Justice Pathways for Juvenile Offenses
March 14th from 2:00 pm – 4:00 pm
Explore the critical intersection of emotional hygiene, shame, and juvenile behavior in our powerful session. Discover effective restorative justice strategies designed to promote healing, accountability, and meaningful community involvement within the juvenile justice system. Join us to unlock the power of restorative justice!
Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.
Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book. Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!
Clearing Your Docket While Helping Your Community: An Update
June 5th from 2:00 – 4:00 pm
This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.
It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates.
February is Teen Dating Violence Awareness Month (TDVAM), and there is a grant-funded website with resources that anyone can use to share information with the public.
Why??
Dating violence is more common than you may think, especially among teens and young adults: 1 in 3 U.S. teens will experience physical, sexual, or emotional abuse from someone they’re in a relationship with before becoming adults. And nearly half (43%) of U.S. college women report experiencing violent or abusive dating behaviors.
Impaired driving increases during Super Bowl Weekend. This article gives you more information about the dangers of impaired driving and ways to fight it.
We have finally made it to the end of January. Between the winter storms and getting back to a normal schedule, it has been a long month!
Hopefully you get some much-needed rest and relaxation this weekend, to get ready for all of the training we have in store for February! Make sure to read all the way to the end – we have some fun and informative online training coming your way soon.
Don’t forget! Every court should have (as of January 1, 2025) a Juvenile/Youth Diversion Plan available for public inspection. For more resources, information, and help with this topic, please see a previous post on The Docket.
Presented by: Battalion Chief Bruce Bjorge and Chief (Ret.) Dave Funkhouser
As a public safety leader, you likely completed coursework in leadership, possibly on your way to earning a bachelor’s or master’s degree. You may have even been fortunate enough to receive training as you promoted into new roles. But for most leaders, these educational resources fail to address many of the challenges facing today’s agencies. Being a public safety leader today is different than it was 10 to 15 years ago. Leaders must be dynamic, flexible, and innovative with the ability to navigate complex environments and a variety of challenges, from changes in technology to community expectations and increased accountability.
Join Lexipol for a webinar with Battalion Chief (Ret.) Bruce Bjorge and Chief (Ret.) Dave Funkhouser as they share five essential skills every public safety leader needs today to excel and effectively support their teams and communities.
You’ll learn:
Key skills that modern public safety leaders need to navigate today’s challenges.
Strategies to foster innovation, adaptability, and resilience within public safety teams.
How to utilize leadership principles that align with community expectations and organizational accountability.
Registration is free. Can’t make it? Register anyway and they will send you a link to the recording after the event.
State Bar Justice Court Section Webinar
Justice Court Staff Psychology: Understanding Ethical Group DynamicsThursday, February 13, 2025 at noon CT
Join the Texas State Bar Justice Court Section for a webinar next month as Dr. Malinda Fasol and Daisy Espinoza present Justice Court Staff Psychology: Understanding Ethical Group Dynamics. This session will offer 1 hour ethics credit
Thursday, February 13, 2025, from noon – 1 pm
Course Description: Justice Court Staff are essential for efficient operation of Texas Justice Courts. Just like other office settings, conflicts or personalities will sometimes present challenges. The goal is harmony. Understanding group dynamics will help to prevent or resolve any such conflicts which might interfere with smooth efficient operation of a Justice Court. This course will provide useful insights for Justice Court judges as well as their staff.
About the Presenters: Dr. Malinda Fasol is licensed by the State of Texas as a Licensed Professional Counselor. Dr. Fasol holds a Master of Arts in Marriage & Family Counseling from New Orleans Baptist Theological Seminary and a Doctor of Philosophy in Psychology & Counseling from Southwestern Baptist Theological Seminary. Learn more about Dr. Fasol’s background HERE.
Daisy Espinoza has been the Justice Court Manager for Tarrant County Precinct 1 for more than five years and manages all of the daily operations of the Justice Court. Learn about more Daisy’s background HERE.
This webinar will feature a justice of the peace and constable discussing issues around short-term vacation rentals, tenants vs. lodgers, property owners’ rights, and more.
Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.
Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book. Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!
Clearing Your Docket While Helping Your Community: An Update
June 5th from 2:00 – 4:00 pm
This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.
It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates.
Video Series from Austin Young Lawyers Association – Did you miss it last year?
Austin Young Lawyers Association has launched “How to Pick Jurors for Your Trial in Justice Courts and Municipal Courts” video series. AYLA received a Texas Bar Foundation grant to produce these educational series for pro se litigants. The video project made possible with the support and efforts of the Travis County District Clerk.
This is a great resource to share with self-represented litigants who have questions about the trial process, especially jury selection.
You may also notice a special appearance by your colleague, Judge Sylvia Holmes.
At 28, Stephanie Land’s plans of breaking free from the roots of her hometown in the Pacific Northwest to chase her dreams of attending a university and becoming a writer, were cut short when a summer fling turned into an unexpected pregnancy. She turned to housekeeping to make ends meet, and with a tenacious grip on her dream to provide her daughter the very best life possible, Stephanie worked days and took classes online to earn a college degree, and began to write relentlessly.
Maid explores the underbelly of upper-middle class America and the reality of what it’s like to be in service to them. “I’d become a nameless ghost,” Stephanie writes about her relationship with her clients, many of whom do not know her from any other cleaner, but who she learns plenty about. As she begins to discover more about her clients’ lives-their sadness and love, too-she begins to find hope in her own path.
Her writing as a journalist gives voice to the “servant” worker, and those pursuing the American Dream from below the poverty line. Maid is Stephanie’s story, but it’s not her alone.
This is a New York Times bestselling book available in most public libraries as well as most online book retailers. We have provided a few links to purchase the book below, but don’t want to discourage you from finding it at your local libraries or bookstores!
This edition of Updates is relatively light on content, but we wanted to make sure to share a few online training resources this week.
It has been a delight seeing judges and court staff as we kicked off the new academic year, and we are all looking forward to seeing more of you and the constables and deputies as we hold more conferences over the next few months.
As always, we hope you have a great week and stay warm out there!
Constable Corner
Law Enforcement Policy Trends
As policies change with the times, it is important for agencies to stay up-to-date. Lexipol recently posted their 5 Policy Trends for Law Enforcement Leaders in 2025 tip sheet to their blog, highlighting critical areas where agencies must adapt to remain effective and resilient.
NCSC Webinar – Tech for All: Applications of AI to Increase Access to Justice – Wednesday, January 29 at noon
Join NCSC staff and guest presenters to explore the potential of artificial intelligence (AI) in enhancing access to justice for underserved communities.
Wednesday, January 29, 2025, from noon – 1 pm
Presenters will discuss how they are safely and effectively leveraging new technologies to make the legal system more accessible. Participants will learn about practical applications of AI and discover the potential for democratizing access to legal information for increased participation in court cases and proceedings. The presenters will also share compelling case studies that demonstrate how AI can directly assist individuals seeking justice.
By the end of this webinar, participants will be able to:
Assess the potential benefits of implementing self-help AI solutions
Understand the complexity and cost of developing and implementing a self-help AI tool, including the skillsets and resources necessary
Describe the building blocks for a self-help chatbot
Courts are encouraged to share messaging about the course in notices or public information geared toward CDL drivers. Course completion may also be court ordered as an appropriate sentence requirement or condition of probation, parole, or community service.
“With about 8.7 million commercial motor vehicle drivers in the U.S., this initiative provides an opportunity to reach a significant number of commercial drivers with information to help them detect and report human trafficking,” said Derek Felton, NCSC CLS director. “State courts and judges can actively participate by promoting the course and reinforcing certain messaging at various CDL holder touchpoints.”
The course covers essential signs of trafficking, discusses how to report suspicious activity, and provides insights into potential victims, perpetrators, and common trafficking locations.
How courts can help
Additional resources available to courts and justice system partners to help raise awareness include a judicial bench card, a reference card for prosecutors, digital signage content, social media graphics, and flyers and rack cards.
Felton encourages courts to begin supporting the CDL Drivers and Courts initiative this month, which has been designated National Human Trafficking Prevention Month.
To learn more about the course and access the implementation guide and resources, visit ncsc.org/cdlhtainfo.
Video Series from Austin Young Lawyers Association – Did you miss it last year?
Austin Young Lawyers Association has launched “How to Pick Jurors for Your Trial in Justice Courts and Municipal Courts” video series. AYLA received a Texas Bar Foundation grant to produce these educational series for pro se litigants. The video project made possible with the support and efforts of the Travis County District Clerk.
This is a great resource to share with self-represented litigants who have questions about the trial process, especially jury selection.
You may also notice a special appearance by your colleague, Judge Sylvia Holmes.
Do you have questions about this update or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.
Check out this article on Responsibility.org’s Roadmap of Responsible Resolutions to help reduce impaired driving by providing helpful reminders and practical tips.
Welcome back to the office (hopefully you all had at least a little well-needed time off this holiday season)!
We wanted to kick this year off right with some resources and updates.
Countdown to the New Year: 10 Ways to Ring in Your Mental Health
As we start a new year, judges, court staff, and law enforcement are often faced with hard cases and burnout, making some of those resolutions to take care of your health even harder!
Take a look at this article from Mental Health First Aid about how to look after your mental health and that of your friends, family, and co-workers this season.
Clerk Testing Goes Live Tomorrow!
It’s time! Exam registration opens tomorrow at 8 am.
To register for the exam just head to our exam website and click on “1. Register to take the exam online” then click the link for the appropriate exam.
This will take you to log into your TJCTC account and then you register like you would for one of our conferences.
To take the Master exam you must already be level one certified (you only need to have passed one of the level one exams).
Registration closes on January 16. The exams will open on January 17th and close on February 14th. For questions contact Darby Swoboda at d_s520@txstate.edu.
Continued Guidance on Magistration in Open Court
TJCTC has continued to receive questions on the ruling in Texas Tribune v. Caldwell County case from the Fifth Circuit Court of Appeals.
There have been concerns about not having enough time to implement procedures to make magistration hearings open. Unfortunately, this is just the nature of how court rulings can impact local procedures. Going forward, magistration proceedings must be open.
Please continue to work with your local partners – county/district attorneys, sheriff, and jail staff to ensure that your magistration proceedings are open. You can read more about the case in an earlier post on The Docket.
The National Center for State Courts (NCSC) has compiled a page of resources for courts to use when assisting self-represented litigants (SRLs), including some very helpful videos that you can share on your website or in the courtroom!
In January, the Center for Substance Abuse Treatment at the Substance Abuse and Mental Health Services Administration (SAMHSA) will be kicking off the first national Substance Use Disorder Treatment Month – a time to raise awareness of the benefits and availability of evidence-based treatments for people with a substance use disorder.
So, check out our their Treatment Month Toolkit, and keep your eyes on all of SAMHSA’s social media platforms. There you’ll find our tips, resources and even webinars to help people learn more about what substance use disorder is and how it can be effectively treated.
Poverty Awareness Month
Every January is National Poverty Awareness Month.
This is a great time to think about access to justice issues in your courts and communities, because they are often related to poverty.
Some resources to review are:
TJCTC’s recent post on Statements of Inability to Pay Court Costs
TJCTC’s recent post on Accessibility & Access in the Courts
As January is upon us, we wanted to make sure that you have all of the resources related to Juvenile Diversions in one place. Remember, the new Juvenile Diversion Programs must be up and running by January 1, 2025, including courts providing public access to their Juvenile/Youth Diversion Plans.
You may have already taken a course at a 20-hr program, one of our webinars, or completed the self-paced module and have seen many of these resources before, but note that there are additional resources compiled here.
You will also find an FAQ below with some common questions.
TJCTC Resources
You can access many resources related to Juvenile Diversion on TJCTC’s website (https://www.tjctc.org/).
We receive some questions often, and wanted to include them as a reference guide.
Fees:
Can you clarify or help me find where in the statute it states courts have to pay for any outside program assigned during the youth diversion program. CCP Art. 45.312 states there can’t be a fee assessed by the courts other than the $50 fee, but not for any outside program referred to such as drug/alcohol class etc. There are many interpretations made by different courts and would like clarification or your perspective.
From P. 86 of the Juvenile Deskbook: The court may collect from a child’s parent (not the child) a $50 Local Youth Diversion Administrative Fee to defray the costs of the diversion, but only if the fee is an accepted term in the diversion agreement. Code of Criminal Procedure Art. 45.312(a), (b). Diversion may not be made contingent on payment of a fee. Code of Criminal Procedure Art. 45.312(i). No other costs or fees may be assessed for a diversion. Code of Criminal Procedure Art. 45.312(h).
Since no other fees may be assessed or required, TJCTC believes that a child cannot be forced to pay for a program as part of a diversion. Options include the court/county using the fund created from the $50 administrative fee, Local Youth Diversion Fund, County Juvenile Delinquency Prevention Fund, or other general court funds to cover the costs of programs and/or entering into agreements with service providers for the programs to be made available to diverted children without cost. (Note, these specific Funds are discussed in the next FAQ).
Juvenile Case Managers and Funding:
What funding sources are available to help pay the salary or a Juvenile Case Manager/Youth Diversion Coordinator or supplement the salary of a court clerk who will serve in the role part time?
There are several funds related to Juvenile Diversions and pay for Juvenile Case Managers (JCM) and Youth Diversion Coordinators (YDC). First, it is important that while in practice these position titles are hard to distinguish, many of the statutes do only apply to one or the other.
A court can designate a YDC, but only a Commissioners Court can designate a JCM.
First, we have the Administrative $50 fee under CCP Art. 45.312(a) that is the only fee assessed in a Juvenile Diversion. The purpose of this money is “to offset the costs of diversion” and it should be placed in an “account to offset the costs of diversion.” Note, the statute does not require this money to be put in one of the other funds that we discuss later. We believe these funds can be used to fund both the salary of a full-time JCM or YDC and as a supplement to a clerk, but since it isn’t collected until a diversion case comes in, it might be difficult to use this year for this purpose from an accounting perspective.
Local Youth Diversion Fund (Local Government Code [LGC] 134.156) - this fund is funded by $5 from the Local Consolidated Cost charged as part of court costs. See LGC 134.103. This fund can be used for the salary and benefits of a full-time JCM, but “money in the fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.” This means that in a county where there a JCM is spending their majority of the time on Juvenile Diversions and Truancy, then their salary could be funded by this fund. This fund won’t be available for a supplement for a JCM or YDC who primarily serves as a clerk. If a court doesn’t have a JCM, but does designate a YDC, they cannot use the Local Youth Diversion Fund to fund that position, even if that person does mostly juvenile work.
County Juvenile Delinquency Prevention Fund (CCP Art. 102.0171) – This fund is funded by $50 from Graffiti offenses after Jan. 1, 2025, and can be used to “providing funding for youth diversion.” This funding could be used to fund JCMs or YDC, but because justice courts do not start contributing this fee to this fund until 2025, there may or may not be adequate funds for this purpose.
The Justice Court Assistance and Technology Fund (CCP Art. 102.0173) – One of the allowable uses of this fund is “education, benefits, and salaries for court personnel.” This fund can absolutely be used to fund the salary of a JCM or YDC employed by the court or to supplement a court clerk’s salary who will serve as a JCM or YDC.
Local Government Code 133.125(c) also allows for counties to apply for funds from the Governor, ” A local governmental entity may request funds from the criminal justice division of the governor’s office for providing youth diversion services. The division may award the requested funds based on the availability of appropriated funds and subject to the application procedure and eligibility requirements specified by division rule.” These funds could be used for the salary or supplemental salary of a person serving as a JCM or YDC.
Expunction of Records:
When does expunction of records happen in Juvenile Diversions?
If the child is placed on diversion, then all records of the diversion must be expunged without the requirement of a motion or request, on the child’s 18th birthday pursuant to CCP Art. 45.313, whether or not the juvenile is successful. When a case is expunged, all records must be destroyed, and the existence of the case cannot be made known to anyone for any reason. For more information about juvenile diversion, please see Ch. 3A of TJCTC’s Juvenile Deskbook.
Note, criminal charges filed, even if dismissed, would not be expunged automatically under this statute (but may be expunged under other statutes depending on the situation).
Tracking Cases:
We are trying to find a good way to track our cases that will be referred to the Juvenile Diversion Program. If we enter these cases in our case management system (Odyssey) and mark them as “sealed” or “locked” records, would that be sufficient to comply with the statute? I understand that they cannot remain “active cases”, but that way we would still have a way of keeping track of those individuals.
Using a different case type or something like you have described makes sense. We do not see any major issues with this, as long as the records are handled appropriately under the statute if the juvenile completes the juvenile diversion successfully.
Remember, diversion cases should only be tracked for the purpose of accounting, for statistical records of diversion strategies, and ultimately reporting successful diversions. They will be confidential and are not actually pending criminal cases (and if they were filed, should be dismissed) while the juvenile is in the diversion process.
Minor Alcohol Cases & Diversion:
What about MIC, MIP, and DUI?
Remember, for the purposes of juvenile diversions, we are only talking about juveniles under the age of 17, minors aged 17-21 will not be eligible for this diversion, and will be handled according to standard procedures.
Starting January 1, 2025, juvenile diversions are available to all offenses in justice court that are not traffic offenses. The crimes of minor in possession and minor in consumption are not traffic offenses. Therefore, an eligible child would be entitled to diversion for these alleged offenses.
Our position is that Driving Under the Influence (DUI) [not Driving While Intoxicated – that is a higher-level case handled in other courts] is not a traffic offense either and would be entitled to diversion.
Absent an express definition, words and phrases take on their normal meanings. Ultimately, it will be up to the court to decide if they believe that DUI falls into the category of “traffic offenses” or not, as there is no explicit definition.
This is one way to think about what “traffic offenses” means. Imagine that a teenager wanted to intern in your court. You asked her whether she’s had any legal trouble besides traffic offenses. If she had been caught driving under the influence, would she be lying if she had said “no?” We think she would be. That’s why we think DUI is not a traffic offense and should be subject to diversion. Additionally, while it doesn’t apply specifically to juvenile diversions, the only definition of “traffic offenses” involves offenses in certain sections of the Transportation Code, and DUI by a Minor is in the Alcoholic Beverages Code.
Intermediate Diversion Outcomes:
What happens if a juvenile is on an intermediate diversion (handled by the Juvenile Case Manager/Youth Diversion Coordinator)?
If the child successfully complies with the agreement, the case shall be closed and reported as a successful diversion to the court. Code of Criminal Procedure Art. 45.309(c). If the child fails to comply, the child is referred for a non-adversarial hearing before the court. At this hearing, the court may hear from any person the court finds helpful in determining the best path forward, considering the best interests of the child and long-term safety of the community. Code of Criminal Procedure Art. 45.311(a),(b). If the court determines that the diversion was unsuccessful, the case may be referred to the prosecutor for a possible criminal filing or sent to the Juvenile Court.
More information about these hearings can be found on pages 85-86 of the Juvenile Deskbook.
Impaired driving increases during the holidays. This article gives you more information about the dangers of impaired driving during the holiday season and ways to fight it.
This week has been busy and also very exciting as we welcomed the new judges to their Stage I training.
This update is packed-full. Make sure you scroll all the way down to find the links for our NEW Juvenile Diversion Forms and to sign up for our upcoming Juvenile Diversions Webinar: Children in the Courts.
Caselaw Update Important
First Amendment Right to View Magistration Hearings
The Fifth Circuit Court of Appeals held that a closed magistration hearing violates the First Amendment. The case is Texas Tribune v. Caldwell County.
Check out our full explanation and advice on TJCTC’s blog, The Docket.
As our newly-elected colleagues are taking office, so are many new court personnel and deputies. We thought this is an appropriate time to remind everyone about their duties related to public access to court and government records.
Courts
Remember, courts hold two types of records: court case records and judicial records. Both are generally open for public access or inspection, with a few limitations. The chart below (from page 14 of the Recordkeeping and Reporting Deskbook) discusses the differences.
Court Case Records vs. Judicial Records
Key Point
Because these records are public, there should not be a burdensome process for a someone to go through, especially a party or person assisting in their representation.
For example, in an eviction case, an attorney may request a copy of the case file prior to agreeing to represent a tenant or landlord in an appeal, so that they can make sure they don’t have any conflicts. It is important for these records to be released promptly, because of the short timelines for the case. No letter of representation is necessary for the release of the records, because the record is public and could be released to anyone. If you would like the person requesting the record to submit a written request, it is a best practice to have a form ready for them to complete and allow submission of the request by email, mail, and at the counter.
Do you want to study the specifics of records release and retention? The Recordkeeping Deskbookdiscusses these issues in detail!
Constable and other law enforcement offices are subject to the Public Information Act (PIA), so they follow different rules related to the release of records.
This webinar will explore juvenile diversions including potential issues related to language access, mental health concerns, and disabilities. This course satisfies the requirement of Government Code Sec. 22.1105.
Tuesday, December 17, 2024, at 2:00 pm.
Note: An extension of this course will also be offered as a general session at the 20-hr Conferences during this academic year.
Remember, Juvenile Diversion Plans must be in place and available for public inspection for all justice courts by January 1, 2025.
Texas County Progress
The Texas County Judges & Commissioners Association publishes a monthly magazine that often has helpful articles and information for justices of the peace and constables.
This month they shared an article called Do’s and Don’ts of County Purchasing, that might be of particular interest, especially for the newly-elected.
Do you have questions about this update or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.
