Hello
We have lots to share this week! There are some important legal updates and reminders as well as training opportunities, so make sure to scroll all the way to the bottom.
Inquest Week
Recordings are live! If you missed the live webinars or would like to re-watch a session, click the button below to view the recordings.
Remember, if you weren’t present for the live webinar, you can always submit a form to receive credit for the recording.
Watch the recordings on the TJCTC Virtual Programs Page: https://www.tjctc.org/onlinelearning/virtualprograms.html
JPs in the News
Take a look at the KXAN project, “A Hanging on Backbone Creek,” featuring the Hon. Rick Hill, from Brazos County and Hon. Debra Bindseil, from Burnet County.
This news story is delving into the inquest process in Texas after an investigative report about an unsolved murder from 59 years ago.
Check out the article on KXAN’s website: https://www.kxan.com/backbone-creek/legal-history/
Legal Topic of the Week
Statements of Inability to Pay
This topic is always important to court personnel and judges who interact with litigants on civil cases, and TJCTC receives questions daily about the procedures surrounding these Statements, contests, and other related procedures.
Question: Can a court reject the Statement of Inability to Pay Court Costs if it is not complete?
Answer: No. The clerk has a clerical duty to accept documents filed with the court for processing, and the Statement of Inability is no exception. If it looks like a litigant might not understand the form or needs assistance, it is always okay to refer them to legal information like the resources we discuss at the end of this Update.
Question: Does a Statement of Inability to Pay Court Costs have to be notarized?
Answer: No. The Statement can either be notarized, or it could be sworn to under penalty of perjury. Only one is required. Also remember, a court clerk or judge can give the oath to a litigant and swear to their signature, even if they are not a notary.
Do you have more questions? Search the Civil Deskbook and the Evictions Deskbook for “Statement of Inability.” There are several sections of the Deskbooks that discuss this topic in details.
Access the fillable Statement of Inability to Pay: https://texaslawhelp.org/sites/default/files/2023-02/tlsc_fee_waiver_02_2023.pdf
Caselaw Update
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. In Caldwell County at the time the lawsuit was filed, magistration occurred via videoconference. The defendant was in the county jail. No counsel, family, friends, or press were present at the magistration hearing. The sheriff had a policy of prohibiting access to the jail to observe magistration. The federal district judge granted a preliminary injunction against the county, meaning that the federal judge found a substantial likelihood that the two news outlets and an advocacy organization would succeed at trial.
The court of appeals recently affirmed the trial court’s ruling. The three-judge panel stated, “There can be no question that public access to bail hearings plays a significant positive role in the functioning of bail hearings.” While there may be exceptions, they found that there is a presumptive First Amendment right to access to magistration hearings.
It is unclear how counties are going to respond to this ruling. Like Caldwell County has chosen to do, other counties may comply by streaming the proceedings via Zoom and YouTube. This seems to be the most accepted method, because magistration hearings often take place in a secure location in the jail where there could be safety and liability issues for the public to be physically present during the hearings. Because your county attorney would represent you in any litigation, it’s important that you seek their advice on this important issue.
Read the case: https://www.ca5.uscourts.gov/opinions/pub/24/24-50135-CV0.pdf
TAC Mental Health Conference
The Texas Association of Counties would like to invite all justices of the peace to their upcoming Judicial Forum on Mental Health on January 9-10, 2025, in Austin.
To register, visit: www.county.org/jfmh
Justice Court Section Webinar: Debt Claim Cases – Defaults in Justice Court – A View from the Bench 12/6/2024
Join the Justice Court Section of the State Bar of Texas as Hon. Ralph D. Swearingin, Jr. and Daisy Espinoza present Debt Claim Cases – Defaults in Justice Court – A View from the Bench.
Friday, December 6, 2024 at noon
After registering, you will receive a confirmation email with a link to join the webinar.
Register: https://us06web.zoom.us/meeting/register/tZUtceigpjgpHtIrJeddTuKVH2PIek4LZDiM#/registration
Webinar: Chat with a Forensic Pathologist 12/11/2024
Dr Michael Baden is a renowned, 90 year old forensic pathologist who has been chief medical examiner for the city of New York, chairman of the house select committee on assassinations, investigated the assassination of John F Kennedy, the OJ Simpson murders, and many other well known cases.
Wednesday, December 11, 2024, at 4:00 pm.
Note: this event will be an in-person chat with the famous doctor, sponsored by AD Valor Technical Cleaning in Dublin OH. Click below to watch via Zoom.
Register: https://us06web.zoom.us/webinar/register/WN_ASz6mHutSvyyjQFBRFzGiA#/registration
TJCTC Webinar: Children in the Courts 12/17/2024
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.
Register: https://txstate.zoom.us/webinar/register/WN_BnXHlI0cRhaEuGveolXNBQ#/registration
Texas Law Help
Did you know that you can refer people to www.texaslawhelp.org when they have questions about how to complete a Statement of Inability to Pay for Court Costs?
There are several resources on their website, including a video for litigants to watch on how to fill out the forms.
Also note, they have a fillable version of the Statement on their website that is user-friendly.
Access other resources related to this week’s legal topic on their website: https://texaslawhelp.org/article/court-fees-and-fee-waivers
Do you have questions about this email or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.
