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TJCTC Updates October 27, 2023

 

Good Afternoon Judges, Constables, & Court Staff,

Since our last update, there have been a few new attorney general opinions, webinar announcements, legal board update, and other updated resources. In addition, we have compiled some family violence resources in honor of October being Domestic Violence Awareness Month. Please take a few minutes to review this email fully.

Attorney General Opinions

Click the opinion numbers below to read the full opinions on the Texas Attorney General’s website.

KP-0447

Question:

Whether an elected constable may serve as a student resource officer, employed as an independent contractor, with a school district located in the constable’s precinct.

Summary:

Education Code section 37.081 authorizes a school district to retain the services of a school resource officer.  A court would likely conclude that a school resource officer may not be retained as an independent  contractor. Neither Texas Constitution article XVI, subsection 40(a) nor the common-law doctrine of incompatibility prohibit a constable from acting as a school resource officer under a memorandum of understanding to retain the constable that complies with Education Code section 37.081.

KP-0448

Question:

Whether the District Attorney’s Office located in a stand-alone building with no other courts or court offices is a building that houses the operations of a district, county, or justice court for purposes of an expenditure from the courthouse security fund

Summary:

Under Code of Criminal Procedure article 102.017(b), a county commissioners court may use monies from the courthouse security fund to purchase or repair bullet-proof glass related to buildings that house the operations of district, county, or justice courts. A court would likely conclude that a building does not house the operations of a district, county, or justice court if it is devoid of adjudicators.

 

Updated Resources

You may have already noticed, but the updated Deskbooks are being posted. Please be patient while we finish the last few updates and work diligently to update the forms, charts, checklists, and other resources.

*Updated* Family Violence and Other Criminal History Reporting for Justice Courts

This module now includes legislative updates and updated procedures for CJIS reporting. Remember, even if you have previously taken this course in a prior academic year, you may receive credit again for the FY24 year.

*Updated* Drivers License Revocation Hearings

This module now includes legislative updates. Remember, even if you have previously taken this course in a prior academic year, you may receive credit again for the FY24 year.

*New* Interpreters & Spanish Terminology Self-Paced Module

Earlier this month we posted a brand-new module that covers legal issues related to interpreters, including help for appointing interpreters, a Spanish/English legal glossary, and more! Judges and court staff can get 3 hours of credit for completing the module. Constables and their staff may also find this module to be a good resource when dealing with persons with limited English proficiency or language skills.

Both modules can be found on the TJCTC Self-Paced Module Page.

 

Webinars

Juvenile Criminal Diversions Webinar

This webinar on Monday, October 30, 2023 at 2:00 pm is full, however it will be posted as a recording for credit a few weeks after the live webinar. Look for an email announcement when it is available. Also, note we will also be releasing more juvenile criminal diversion resources including forms and a new deskbook chapter this fall as well.

Emergency Detention Webinar

Join attorneys from the Judicial Commission on Mental Health to learn about emergency detention processes, legislative updates, and common issues at our next webinar on Tuesday, November 7, 2023 at 2:00 pm. Mark your calendars and look for a registration email coming soon!

National Center for State Courts Webinars

NCSC consistently provides excellent virtual education for judges and court staff around the country. They have an upcoming webinar about Self-Help Centers that may be interesting to JPs, Constables, their staff. You can find that webinar, upcoming webinars, and past recordings on their website.

 

Domestic Violence Awareness Month

Did you know that October is Domestic Awareness Month? This month we have been collecting resources for you to use and share with your communities. Check out TJCTC’s Domestic Violence Awareness Month Newsletter.

 

Legal Question Board and Registration Update

We know it has been a challenging few months with all of the updates to TJCTC’s database impacting your logins, registration pages, and the legal board. We ask you to please be patient with our staff as we navigate these updates together. This is a busy time as our staff implements these changes and prepares for the next academic year of programs for all of you.

If you have questions regarding your login, registering, or accessing the legal board, please call our main line (513) 347-9927 for April to direct you to the appropriate person or email Jeff Grajek at jg60@txstate.edu. Please continue to direct legal questions to the legal board or attorney on call by dialing (512) 347-9927 and pressing 1.

 

Thank you so much for your time and attention!  The TJCTC team is looking forward to another great year with all of our court staff, constables, and justices of the peace. Note, these new update emails will be saved to the TJCTC Blog, The Docket, so you can access them anytime.

All the Best,

Thea & the TJCTC Team

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TJCTC Updates October 11, 2023

Good Afternoon Judges, Constables, & Court Staff,

It has been a while since we have sent out a legal update, so we have quite a few things to share. Below we discuss several hot legal topics, updated resources, new online content, and our most up-to-date legal question procedure, so make sure you scroll all the way to the bottom!

 

Hot Topics

Administrative Closure in Receivership

Many courts have received requests from a receiver to “administratively close” a receivership once a payment plan has been reached between the receiver and the debtor. There isn’t statutory authority to administratively close a receivership.

When a court receives a request like this, they may:

  • do nothing and keep the receivership as is,
  • extend the receivership,
  • sign an order limiting or changing the receiver’s powers if they no longer need them to complete their duties, or
  • end the receivership.

If a receivership is ended or expires and the debtor defaults on their payment plan, the judgment creditor can always seek the re-appointment of a receiver or utilize some other judgment enforcement tool.

TJCTC recommends that if a receivership is extended, the court keep regular check-ins as a requirement of the receiver, at least once every 180 days. These check-ins can easily be done by phone, Zoom, or email.

Often these requests come to court because the receiver is seeking payment of their fees, at least in part. Courts have the discretion to order receiver fees disbursed at any time during the receivership for work that has already been performed.

Enforcing Arbitration Awards

With the rise of virtual arbitration, courts are receiving more requests to enforce an arbitration award. We discuss the full process for handling these cases starting on page 73 of the Civil Deskbook. Please review this if you receive one of these requests.

Sometimes arbitrations are conducted by large national arbitration companies, so the packets they provide may seem strange, as they cite the Federal Arbitration Act instead of the Texas Arbitration Act. However, in the cases we have discussed with judges, they are still properly filed here, because the arbitration took place here in Texas (the parties were here when they logged onto the arbitration).

HB 3956 – DNA Samples

This bill requires law enforcement to collect DNA samples from any defendant arrested for a felony offense during the booking process. This might affect judges who magistrate, because if a defendant refuses or for some reason a sample is not collected, Code of Criminal Procedure Art. 17.47 requires this to be listed as a condition of bond for felony offenses.

 

Updated Resources

You may have already noticed, but the updated Deskbooks are being posted. Please be patient while we finish the last few updates and work diligently to update the forms, charts, checklists, and other resources.

*New* Interpreters & Spanish Terminology Self-Paced Module

We just posted a brand-new module that covers legal issues related to interpreters, including help for appointing interpreters, a Spanish/English legal glossary, and more! Judges and court staff can get 3 hours of credit for completing the module. Constables and their staff may also find this module to be a good resource when dealing with persons with limited English proficiency or language skills.

*New* Juvenile Criminal Diversions Webinar

This webinar will discuss the details of the new Juvenile Diversion procedures as well as leave time for your questions. Please join us on Monday, October 30, 2023 at 2:00 pm on Zoom. Registration will open soon, and you should receive an email.

 

Legal Question Procedure

The legal department at TJCTC is happy to assist you with your legal questions, and we want to remind you of the best procedure to get your questions answered as quickly as possible. We know in the recent past we have had some phone issues, but now that should be all cleared up!

You have two options:

  1. One of the attorneys will be answering legal questions from 9:00 am – noon and 1:30 – 3:00 pm daily when we are not traveling to or teaching at a program. You can reach them by dialing 512-347-9927 and pressing 1 when asked for an extension. Note, often you may have to leave a voicemail and wait for a call back, because we are either on another call or at a program. Please note that missed calls without voicemails will not be returned.
  2. Post your question to the legal board. Within 5 business days (often sooner) one of the attorneys will post the answer to your question.

FAQ:

Can’t I just call my favorite attorney?

No. Any legal question voicemails or calls will be forwarded to the attorney on call. This is to ensure that we have someone answering calls each week and the other attorneys can work on resources, materials, and classes for the upcoming programs.

Can I just send an email?

No. Emails with legal calls will receive a reply asking you to post on the legal board or call the legal line for the same reasons listed above.

 

Thank you so much for your time and attention!  The TJCTC team is looking forward to another great year with all of our court staff, constables, and justices of the peace. Note, these new update emails will be saved to the TJCTC Blog, The Docket, so you can access them anytime.

All the Best,

Thea & the TJCTC Team

 

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Driver Alcohol Detection System for Safety (DADSS)

This article provides information on the Driver Alcohol Detection System for Safety (DADSS) Program that is researching technology that will automatically detect when a driver is intoxicated with a blood alcohol concentration (BAC) at or above 0.08%, and prevent the car from moving, which may soon be offered as a safety feature in new vehicles.