We hope you are having a great week, and staying cool. These updates include some very important information, including registration dates for next year’s programs.
Spanish Forms
Most of the TJCTC Forms have been translated into Spanish for the convenience of your constituents. You can find them at the bottom of the TJCTC Forms Page: https://www.tjctc.org/tjctc-resources/forms.html
To find out how many hours you have completed, log-in to your student account and view your transcript. Attached is a pdf guide showing you how to access your transcript.
Jim Wells County has invited deputies who need free training to attend their civil process training. Remember, that elected constables are required to get their 1415 requirement from TJCTC, but deputies can take this training for their requirement. Thanks Jim Wells Constables & Sheriff for making this available. The training flier is attached.
Dates: October 9-11, 2024
Location: Jim Wells County Sheriff’s Office Training Center, 300 North Cameron St., Alice, Texas 78332
We are cruising right into back-to-school season! Did you know that August is National Wellness Month? What a perfect way to start out our new education year and get back into the swing of things! This edition of TJCTC updates includes our Legal Question of the Month, and some online training opportunities, as well as a few very important announcements about updated online training.
To find out how many hours you have completed, log-in to your student account and view your transcript. Attached is a pdf guide showing you how to access your transcript.
Summer Clerk Testing
Registration opened July 24th for the Summer round of clerk testing. TJCTC will accept registrations from July 24th to August 14th. If you register during that period, you can take the exam between August 1st and August 30th. Visit our clerk certification page for more information: https://www.tjctc.org/court-personnel/clerk-certification-program.html
What the heck is going on with juvenile diversions? We have gotten many questions lately about preparing for the new juvenile diversion programs required by House Bill 3186. While we do not have a recommended plan, we do have many resources available to courts in drafting their plans.
Every Justice Court is required to have a diversion plan available for public inspection on January 1, 2025.Because the legislature gave the courts wide latitude over how a plan is going to be run (because each of the 254 counties is very different), TJCTC can’t really say one option is preferable to another for every single justice court. However, each court needs to go through a similar process to draft their plan.
Step 1. Gather Data
How many juvenile cases does your court handle on average?
What resources do you have available to your court?
What are other courts in your area doing? Could you collaborate?
Step 2. Draft Plan
Questions we think should be answered by your diversion plan:
Are you going to use your own plan, or are you going to team up with other courts in your municipality, county or region?
Who is going to act as your youth diversion coordinator?
When will diversion be offered: (1) prior to court involvement (i.e. “intermediate diversion,” in which case the charge will not be filed unless diversion is unsuccessful), (2) diversion by court (in which case the charge will be dismissed after the child signs the diversion agreement), or (3) both?
What nonexclusive list of services can be included in the plan?
How is the diversion plan going to be monitored?
Note, this list of questions is not exhaustive, but just covers the basics.
Look for more resources for drafting plans in our upcoming programs and here in these Updates in the next month or so!
Step 3. Evaluate Your Plan and Make Necessary Changes
The first draft is not a forever plan! You can always make any necessary changes as you implement the plan. We would recommend that you start with the basics and add on more options and resources as your court and local partners (probation departments, prosecutors, local service providers, etc.) get comfortable with the process.
You may even want to test some components of your plan prior to the January start date to work out any potential issues.
Step 4. Implement Your Plan
Remember, the plan must be in place on January 1, 2025!
National Highway Traffic Safety Administration (NHTSA) Courses
Visit the NJC website at http://www.judges.org for registration information and for a full list of the NJC’s courses.
Constable Corner
Are you looking for online training updates? Lexipol offers a great number of free webinars and other resources for law enforcement. These resources are a great compliment to your civil process training from TJCTC, as they cover other topics that we do not teach and that may not always be available in-person for your offices.
Check out The Briefing from Lexipol for updates on new training.
Supporting Rural Law Enforcement
All law enforcement agencies often encounter citizens with mental health issues. Find support and training on that intersection on the Council of State Governments Justice Center website, including some resources created especially for rural agencies.
Shout out to our impressive friends in Bexar County who have received national attention for their mental health response initiative. You can check out their program on the Council of State Governments Justice Center website.
There are some new Recordings for Credit and Self-Paced Modules on the TJCTC website. Make sure you check out the following if you still need hours or the topic sounds interesting!
Recordings for Credit
Cannabis Legalization the Impacts on Impaired Driving – 1 hr credit
2024 Family Violence Update – 2 hrs credit (This recording includes information about the required, updated protective order forms from OCA.)
Notes on the new required forms for Emergency Protective Orders (EPOs)/Magistrate’s Orders for Emergency Protection (MOEPs):
Please note that out of these forms, only the Magistrate Order for Emergency Protection (MOEP) is required for JPs at this time. No changes may be made to this form except the following:
If the extra lines for protected persons at the top of p. 2 are not needed, they can be deleted.
Section XI. Admonition on Ineligibility to Possess Firearm or Ammunition on p. 6-7 will only apply if you’ve prohibited possession of a firearm on p. 2. The form should be updated at some point to add a check box for whether this admonition applies. In the meantime, if possession of a firearm has not been prohibited, Section XI will need to be crossed out or deleted.
The Instructions for Completing the Orders – currently under the Temporary Ex Parte Order form – apply to all orders, including the MOEP.
“Other Forms (Discretionary)”:
The following are relevant for JPs and may be modified as desired:
Motion to Modify MOEP
Order on Motion to Modify MOEP
Request for MOEP
The TCIC Protective Order Data Entry Form is also on this list but should not be modified.
*Updated* Deferred Disposition and DSC Dismissals – 1.5 hrs credit
We hope this information was helpful, and like always, see you at the next program! If you have any suggestions, questions, or comments about these updates, please email Amber Myers at a_m1814@txstate.edu
We have a few more training opportunities over the next few weeks to share with you.
Make sure to scroll all the way to the bottom, so you don’t miss anything!
Online Addiction Response Training for Justice Professionals
All Rise is sharing a free training opportunity from the Addiction Policy Forum. Criminal Justice Responding to Addiction is a three-hour training designed to help justice professionals and organizations support their communities by increasing knowledge about addiction and developing response skills and strategies. The training is on Friday, July 26 from 11:00 am – 2:00 pm Central, and a certificate for continuing education credit will be available. Register here: https://us06web.zoom.us/webinar/register/WN_WXdq6_TzTmG71N5n2oC9HA#/registration
Visit the NJC website at http://www.judges.org for registration information and for a full list of the NJC’s courses.
Constable Corner
Are you looking for online training updates? Lexipol offers a great number of free webinars and other resources for law enforcement. These resources are a great compliment to your civil process training from TJCTC, as they cover other topics that we do not teach and that may not always be available in-person for your offices.
Check out The Briefing from Lexipol for updates on new training.
This week’s update includes a virtual training opportunity, information about clerk testing, and reminders and help for judges to track their hours.
Webinar: Family Violence Update
*Tomorrow* July 25th from 2:00 – 4:00 p.m.
Family violence directly affects approximately one-third of all Texans, and indirectly affects countless others. Justice courts are in a position to help stem the tide of domestic violence, and utilize various principles to prevent further violence against survivors, their families, and the community. Law and procedures are continually evolving, and the area of family violence is no different. In this session, the speaker will discuss family violence dynamics; the roles of both bond conditions and magistrate’s orders for emergency protection; legislative changes, including implementation of new uniform forms; and protective order reporting.
Registration opens July 24th(TODAY!) for the Summer round of clerk testing. TJCTC will accept registrations from July 24th to August 14th. If you register during that period, you can take the exam between August 1st and August 30th. Visit our clerk certification page for more information: https://www.tjctc.org/court-personnel/clerk-certification-program.html
To find out how many hours you have completed, log-in to your student account and view your transcript. After you have logged in, select “My Enrollment History” and “Print Transcript” to view.
Late Friday afternoon, the Texas Supreme Court issued an emergency order, allowing justice courts in Fort Bend, Galveston, Harris, Matagorda, and Montgomery counties to extend deadlines if their office has been disrupted by the hurricane.
On Monday, July 15, 2024, an amended order was issued adding Brazoria County.
Please note, these deadline extensions could also impact the timelines for constable service in those counties, so constables should work with their courts to make sure service is proper and on the correct extended timeline.
We hope you are all having a great time taking some much-needed time off this summer and spending time with family and friends.
The TJCTC Team had a great time seeing many of you at the end of June in Fort Worth at the JPCA Conference and look forward to seeing you at one of our programs later this summer or in our next academic year. How is it almost time to release the new training schedule?!
Are you near El Paso? The DWI Summit on Thursday still has space!
The DWI Summit brings judicial education to smaller communities around the state. Come learn about:
Case Law Updates (including mandatory traffic fines)
Pre-trial issues
Ignition Interlock
Occupational driver’s licenses
The program is open to County Judges, County Court at Law Judges, District Judges and Justices of the Peace. Programs begin at 10 a.m. and conclude by 3 p.m. All attendees will receive 4 hours of continuing judicial education. Lunch is provided.
We often get questions about eviction appeals, especially about payment of rent into the court registry and the transfer from justice court to county court. Because of this, we wanted to spotlight a self-paced module on the topic. Check out the Eviction Appeals Module, especially Lesson 4, for a review on the process.
Did you know you can get updates specifically for courts from the Texas Judicial Commission on Mental Health (JCMH) delivered directly to your inbox?
The team at JCMH focuses on all things mental health and the court system. They provide lots of free resources and training for judges, including coming out to your county to provide technical assistance on issues like Emergency Detention Orders.
Sign up for their announcements and updates on their website.
We hope that you are enjoying your summer so far. We decided to keep this update short, with only our Legal Question of the Month and information about the new protective order forms.
Legal Question of the Month
Our court has received a public information act request stating as follows:
1. The number of death investigations performed in your precinct by either a Texas Justice of the Peace or a death investigator employed or contracted by your county.
2. The number of all death investigations performed by a Texas Justice of the Peace, or a death investigator employed or contracted by your county referred to a medical examiner or a medical doctor for an autopsy.
3. Records of all death investigations conducted by a Texas Justice of the Peace or a death investigator employed or contracted by your county where an amending certificate – also known as a “medical amendment” – was filed with the appropriate Local Registrar or State Registrar to complete or correct a death certificate.
The information requested regarding the amending certificate includes but is not limited to the name of the Texas Justice of the Peace or death investigator employed or contracted by your county, the initial and final dates and outcome of the death investigation, records of the death investigation, autopsy report if available, records of the medical amendment filed, and if applicable any court records from lawsuits.
If required, I accept the redaction of exempt information in accordance with the TPIA. As this is a matter of public interest, I request a waiver of fees associated with this request. Additionally, if any of the requested information requires an opinion from the Office of the Attorney General, I request notification prior to sending to OAG in order to possibly amend this request to prevent a delay in receiving responsive information. Thank you.
The requestor is not providing specific decedent’s names. What is the court to do with this request?
Answer:
TJCTC is aware of a public records request that has been sent to many justices of the peace across the state requesting detailed inquest records. The request cites the Public Information Act, which does not apply to records held by the judiciary, but it still qualifies as a request for court case records under Texas law.
Requests for court case records are governed by common law, and these records are generally open to the public and must be made available. The process for turning these records over, redacting information, or claiming an exception to releasing the records is described in the Recordkeeping and Reporting Deskbook on P. 26-35, as well as the OCA Records Requests Flowchart for Court Case Records, available on P. 36 of that Deskbook and our Charts and Checklists page (https://www.tjctc.org/tjctc-resources/charts-and-checklists.html).
We suggest that you also notify your county attorney of this request if you would like assistance with determining if you should redact information or claim an exception to releasing the records.
As far as not naming the specific decedent, there is no requirement that a records request include that information. You should handle this request as you would any other.
Office of Court Administration Protective Order Forms Released
The 88th Texas Legislature passed Senate Bill 48 which required the Office of Court Administration (OCA) to create standardized forms for the application and issuance of protective orders. This includes Magistrate’s Orders of Emergency Protection, often entered by justices of the peace during magistration.
We have training opportunities and resources to share with you in this last eblast this month. We hope you are enjoying your summer so far!
Court Personnel Exams Open!
The spring edition of the court personnel exams are now open! Take your open book exam online with TJCTC’s virtual proctoring program. The exams will be open until June 19th. Register by June 14th to take exams during this timeframe. To learn about the exam and register now, visit our court personnel certification page: https://www.tjctc.org/court-personnel/clerk-certification-program.html For questions, email Jessica at jessforeman@txstate.edu.
What is the clerk certification program?
The Justice Court Clerk Certification Program allows experienced justice court clerks to demonstrate their knowledge of statutes, procedures, and ethical guidelines applicable to Texas justice courts. Justice court clerks who pass an examination receive certification as a Certified Clerk or a Master Certified Clerk. The Texas Justice Court Training Center creates and administers all exams.
Texas DSHS Training on Mass Fatalities
Wednesday, July 17, 2024
Location: Southwest Texas Regional Advisory Council (STRAC), 7500 W US Highway 90 1-200, San Antonio, Texas 78227
This in-person seminar will cover the topic of Mass Fatality Management in Public Health Region 8. Presentations will be given by the following agencies: American Red Cross, Bexar County Medical Examiner’s Office, Medicolegal Authority/Justice of the Peace, Texas Department of State Health Services Region 8, Texas Funeral Directors Association and Texas Mass Fatality Operations Response Team (TMORT). When the presentations are completed, the speakers will form a panel and a question-and-answer session will occur to provide attendees the opportunity to ask questions or seek clarification for issues not addressed during the lectures.
For more information and to register, visit the DSHS website.
Impaired Driving Taskforce DWI Summits hosted by The Texas Center for the Judiciary
The DWI Summits bring judicial education to smaller communities around the state. Come learn about:
Case Law Updates (including mandatory traffic fines)
Back to Basics: DWI Sentencing
Ignition Interlock
Occupational licenses
Pre-trial issues
The program is open to County Judges, County Court at Law Judges, District Judges and Justices of the Peace. Programs begin at 10 a.m. and conclude by 3 p.m. Lunch is provided. Please check with your judicial education organization regarding reimbursement.
Presented by: Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge
When first responders are operating in the field, they are often required to make quick decisions. As a public safety leader, you hope your personnel have been trained on both policy and practice and you trust they are making sound decisions. However, there are times when your personnel encounter unfamiliar scenarios — situations that are low frequency but high risk.
Join Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge, as they discuss how using Daily Training Bulletins (DTBs) can help ensure your personnel are not only reviewing agency policy but also receiving regular training on your agency policy.
You’ll learn:
The legal and cultural reasons training requirements exist.
How DTBs can be one of the most versatile tools in your training toolbox.
How to identify which training needs can be met by DTBs and which can’t.
How Lexipol’s Policy Management solution can help to fulfill your policy training needs.
Registration is free. Can’t make it? Register anyway and Lexipol will send you a link to the recording after the event.
NCSC Webinar – Courageous Conversations
Wednesday, June 12
Courageous conversations are fundamental to effective leadership. As a leader, conversations with your team, colleagues, and even supervisor can, at times, be challenging to navigate. It is through the careful navigation of these conversations that one can foster positive relationships and ensure effective communication.
In this episode of Navigating Leadership, Sara Grondahl, Human Resources Director for the Alaska Court System, will discuss familiar challenges and barriers to effective communication and leave you feeling empowered with a toolbox of skills and strategies that will allow you to confidently put courageous conversations into practice.
To round out Mental Health Awareness Month, the JCMH Collaborative Council recently shared the following resources for county officials involved in Mental Health Committees/Councils/Workgroups. Several may be helpful in rural areas, especially to get grant funding or loan forgiveness programs started for mental healthcare workers.
State Office of Rural Health Resources
This is a great resource for rural judges to share with their local partners who work in the mental healthcare. SORH works to support rural health providers by providing technical assistance with finance, operations, and quality through a variety of grant programs, workshops, and one-on-one assistance. Additional resources include educational awards that are available to individual clinicians and health care institutions, information and referral, funding resources, and assistance with medical license applications.
Mental Health Professionals Loan Repayment Program
Mental health professionals practicing in a Mental Health Professional Shortage Area (MHPSA) and providing services to recipients under a medical assistance program, may be eligible for a loan repayment award between $10,000 and $160,000, depending on your practice specialty.
If this sounds like it applies to professionals in your county, check out their website.
Department of Health and Human Services Loan Repayment Program
This is another grant opportunity for mental health and substance abuse professionals who work in underserved areas.
If this sounds like it applies to professionals in your county, check out their website.
Save-the-Date for the Annual JCMH Summit
Please join the Texas Judicial Commission on Mental Health (JCMH) for the 2024 Judicial Summit on Mental Health taking place November 21 – 22, 2024, at the Marriott Dallas Allen Hotel & Convention Center in Allen, Texas.
JCMH is also accepting session proposals if your court or another county program is doing something that you would like to share with stakeholders around the state.
Visit the JCMH website for details and more information.
We hope you found something helpful in this update. See you at a program soon!
We have new training opportunities, mental health awareness resources, and caselaw updates to share. Also, clerk exams are open!
We need your feedback!
Do you have a minute to answer a few questions? We need your help to make sure that a training for attorneys who appear in your courts actually helps prepare them!
The spring edition of the court personnel exams are now open! Take your open book exam online with TJCTC’s virtual proctoring program. The exams will be open until June 19th. Register by June 14th to take exams during this timeframe. To learn about the exam and register now, visit our court personnel certification page: https://www.tjctc.org/court-personnel/clerk-certification-program.html For questions, email Jessica at jessforeman@txstate.edu.
What is the clerk certification program?
The Justice Court Clerk Certification Program allows experienced justice court clerks to demonstrate their knowledge of statutes, procedures, and ethical guidelines applicable to Texas justice courts. Justice court clerks who pass an examination receive certification as a Certified Clerk or a Master Certified Clerk. The Texas Justice Court Training Center creates and administers all exams.
*New* Self-Paced Module
Just in time for Mental Health Awareness Month, we want to share a self-paced challenge for you!
5-Day Challenge to Improve Your Mental Health – 1.5 hrs.
Courts are stressful places to work. This module will help judges, court staff, and constables commit to their mental health with a five-day challenge.
The Behavioral Health Resource Hub is intended to be a curated collection of resources courts and communities can turn to for the latest in best practices. The resources under the Criminal Justice section build on the Sequential Intercept Model (SIM) which identifies appropriate responses at particular intercepts that can keep an individual from continuing to penetrate the criminal justice system. Additionally, effective court and community responses require interventions prior to engagement in the criminal justice system. Additionally, there are sections devoted to civil responses and other areas of community focus. The Resource Hub has been recently updated with new resources.
It’s easy to feel mentally exhausted these days, in a world that demands so much of our time, energy and focus. The National Council for Mental Wellbeing has resources to help.
Summary: This opinion concludes that counties are generally responsible for paying filing fees for an application for court-ordered mental health services but need not pay at the time of filing. Further concluding that a county may require an entity that is a “person” to pay such filing fees at the time of filing when it first determines that the fees relate to services by a private mental hospital.
Share this with the judge in your county who handles civil commitments or your mental health board.
Last week, two opinions of interest were issued by the Texas Supreme Court. You can read the summaries on the Court’s website.
Fleming v. Wilson, ___ S.W.3d ___, 2024 WL ___ (Tex. May 17, 2024) [22-0166]
While the specific facts in this case will likely not arise in justice courts, this case does include a discussion of judicial estoppel which is a theory that does arise in justice courts. The issue in this case is whether judicial estoppel bars a defendant from invoking defensive collateral estoppel because of inconsistent representations made in prior litigation.
The bottom line was that Fleming couldn’t make an argument in one court and turn around and make the opposite argument about the same claims later because it might benefit him now. The discussion of judicial estoppel starts on page 6 of the opinion.
Landlord Tenant Westwood Motorcars, LLC v. Virtuolotry, LLC, ___ S.W.3d ___, 2024 WL ___ (Tex. May 17, 2024) [22-0846]
The issue in this case is what effect, if any, an agreed judgment awarding possession to a landlord in an eviction suit has on a related suit in district court by a tenant for damages.
This case reinforces the idea that eviction suits provide summary proceedings for which the sole issue adjudicated is immediate possession. Accordingly, agreeing to an eviction suit judgment does not concede an ultimate right to possession or abandon separate claims for damages, even if those claims also implicate the right to possession.
Do you follow TJCTC on social media?
Check out our LinkedIn & Facebook pages for updates and on occasion a fun photo or two from our programs! Don’t forget, you can also find more information at our blog, The Docket, including past e-blasts like this one.
If you think we should share something in an eblast like this one or on our social media, feel free to email Amber Myers at a_m1814@txstate.edu.
We hope you are all doing well, especially with the wild weather we have had recently! As always, looking forward to seeing you at a program soon.
