Category: Legal Announcement

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TJCTC Updates 10.28.2025

Educational Opportunities and Legislative Updates

This edition of Updates includes a special Constable’s Corner and training opportunities, including registration information for TJCTC’s upcoming Justice of the Peace Evictions Workshop this fall and the final webinar in a series of webinars from the Texas State Bar about legislative updates. 

We also included some information about an exciting NCSC project that could be really helpful for rural courts.

NCSC Legal Deserts Problem-Solving Project

Is your county a legal desert (a rural area where there isn’t enough legal help for those who need it)? Your court may be the perfect candidate for this new NCSC project providing support and resources to partner courts to help solve problems related to the lack of legal resources.

Don’t wait, look at the website now, because the priority application deadline is November 3, 2025!

Learn More and Apply

Constable’s Corner

TCOLE Training Requirement Reminder

In addition to the continuing basic requirements for a licensed peace officer, constables and their deputies require additional training each 4-year TCOLE cycle including training from LEMIT and TJCTC.

Constable-Specific

Newly Elected Constables:
Must complete Newly Elected Constable training (#3742 – does not include any
ALERRT training hours) thru LEMIT within 2 years of first appointment as Constable.

Constable Continuing Education:
Must complete Continuing Education for Constables (#3743) thru LEMIT each 4-
year training cycle thereafter. The course includes 8 hours of ALERRT training. You
will be required to complete an additional 8 hours of ALERRT training to meet the
16-hour legislative requirement.

Civil Process:
Must complete Civil Process (#1415) through the Justices of the Peace and
Constables of Texas (JPCA) from the Texas Justice Court Training Center (TJCTC)
at Texas State University each 4-year training cycle.

To see the full list of training required for peace officers, including constables and deputies, review THE BRIEFING from TCOLE that came out this October.

HB 5081 Confidential Information for Judges & Court Staff Online

HB 5081 amended the Government Code Chapter 92 to protect the information of “At-Risk Individuals” (which includes judges, clerks, and employees of courts) on public websites. The legislature passed this bill to help protect the privacy and safety of those that run our courts. 

To learn more, read the bill online or review the slides on the TJCTC Legislative Updates Page.

Judges, Don’t Miss the Evictions Workshop this Fall!

This judge’s-only workshop will cover all of the new changes to the evictions laws as well as include interactive scenarios about how they will be implemented when they go into effect January 1, 2026.

November 12-14, 2025 via Zoom

Don’t worry, there will be additional workshops and classes for court personnel and constables next spring and summer.

Register Here: Justice of the Peace Virtual Evictions Workshop

State Bar Justice Court Section Webinar

Justice Court Section Legislative Update Part III: All Other Topics

Friday, November 7, 2025, Noon – 1:00 pm CDT

1 Hour MCLE Credit

This final webinar in the series will cover a variety of bills from the most recent legislative session, excluding SB 38 and SB 1333, which were covered in earlier sessions.

Presenter: Rebecca Glisan, TJCTC Director of Curriculum & Staff Attorney

This webinar is welcome to anyone who wants to join!

 Note, this webinar is sponsored by the Texas State Bar Justice Court Section and is not an official TJCTC webinar. 

Register for the Webinar
www.tjctc.org
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TJCTC Updates 10.3.2025

Happy Friday

We are heading full steam into a new academic year, and lots of information is coming your way. In this edition of Updates you will find information about registering for programs, updated resources, a Legal Question of the Week, and more.

Our last Update included a very special section related to Special Session Bills that were signed into law on 9/17. If you missed it, you can read it here: https://docket.wp.txstate.edu/2025/09/24/tjctc-updates-9-24-2025/ 

Office of Court Administration Updates

It will be no surprise that the Office of Court Administration (OCA) was charged with making many updates to the processes and systems that they are responsible for this legislative session. Some new things to check out are: SB 9 Updates that relate to magistration and the PSRS, Clerk Resources (including Court Costs, Fines, and Fees Charts & information about the Protective Order Database), and Standardized Protective Order Forms.

Click the buttons below to review some of these updates on the OCA website.

Clerk Resources
SB 9 Updates from OCA
Standardize d Protective Order Forms

Deskbooks, Forms, and Other Materials Updates

We have received lots of questions about updates to our materials, and rest easy, we are working on it! Several updated forms went live on September 1, and we will continue to roll out updated materials as they are completed. 

Note, changes for laws going to effect in January will be implemented and posted in November and December. This includes changes to eviction forms and the Evictions Deskbook.

Remember, you can see when a form, chart, checklist or deskbook was updated on the page where you download it.

Visit the TJCTC Website.

FY2026 Registration

Did you know that registration has already started for (some) FY26 Academic Year Conferences and Workshops??

Registration will open at 8:00 am (Please don’t wake up at midnight…you will be disappointed!) on the following dates:

Justices of the Peace – Open Now!!! Some programs are already full.

Court Personnel – early October 7, 2025 & regular October 14, 2025

Constables & Deputies – October 21, 2025

*Note: Only court personnel notified by TJCTC are eligible for early registration. This registration is for court personnel who were unable to attend a conference last year. If anyone who is not eligible registers, they will be removed from the registration list and may not get a slot during regular registration.

Click the buttons below to see the agendas, dates, and locations of programs.

Justice of the Peace
Court Personnel
Constables & Deputies

Highlight on Evictions & Landlord/Tenant Issues

All conferences this year will feature sessions about evictions and landlord/tenant issues and will be updated with all of the new legislative changes.

There will also be special programming exclusively on these topics. One example is the workshop for justices of the peace:

Justice of the Peace Virtual Evictions Workshop – November 12 – 14, 2025 via Zoom

State Bar Justice Court Section Webinar

Justice Court Section Legislative Update Part 1: SB 38

Friday, October 17, 2025, Noon – 1:00 pm CDT

1 Hour MCLE Credit

This webinar is the first part of a three-part legislative update series. It will cover a portion of the changes made to Evictions law by SB 38, with the remaining changes to be covered in Part 2

Presenter: Rebecca Glisan, TJCTC Director of Curriculum & Staff Attorney

 Note, this webinar is sponsored by the Texas State Bar Justice Court Section and is not an official TJCTC webinar. 

Register now!

Legal Question of the Week

Question: A vehicle accident happened in our County both the Plaintiff and Defendant reside in a different county. Will the small claim be filed in our county?

Answer: Venue for a small claim/civil case is chosen initially by the plaintiff. There can be many proper venues for a case. Please review pages 40-41 of the Civil Deskbook to see all the proper venues in a small claim/civil case. 

It looks like either of these locations could be a potential proper venue.

www.tjctc.org
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TJCTC Updates 9.24.2025

Welcome to the latest edition of TJCTC Updates!

As registration for a new year’s programs is just around the corner, we thought that our Updates could use a refresh as well. You will now see three major headings – Important Updates (legal updates, caselaw, and hot topics), Upcoming Events (live education events and new online courses from TJCTC), and Learning Opportunities (education events from other agencies, articles, board questions of the month, and other online learning).

This Update includes a very special section related to Special Session Bills that were signed into law on 9/17, the very last day of our Legislative Update Programs. Also make sure to take a look at the slate of FY26 programs open for registration in the coming weeks. Finally, take some time to celebrate our US Constitution and find some resources to share with your communities.

Special Session Bill Summaries

There were several bills passed during the 2nd Special Session of the Legislature that impact justice courts and constables last week.  One in particular was HB 16 which related to practices and procedures of the judicial branch. A change that we anticipated related to reinstating the $100 fee for Ch. 55A expunctions was included in this bill. This change means that the $100 fee is now back in effect, and was only not applicable from 9/1/2025-9/16/2025. This is a different effective date than what was in the Legislative Updates. See the summaries below for more information.

Special Session 2 SummariesDownload

Deskbooks, Forms, and Other Materials Updates

We have received lots of questions about updates to our materials, and rest easy, we are working on it! Several updated forms went live on September 1, and we will continue to roll out updated materials as they are completed. 

Note, changes for laws going to effect in January will be implemented and posted in November and December. This includes changes to eviction forms and the Evictions Deskbook. Remember, you can see when a form, chart, checklist or deskbook was updated on the page where you download it.

Visit the TJCTC Website

Registration Coming Soon!

Did you know that we are just days out from registration for the FY26 Academic Year Conferences and Workshops??

Registration will open at 8:00 am (Please don’t wake up at midnight…you will be disappointed!) on the following dates:

Justices of the Peace – September 30, 2025

Court Personnel – early October 7, 2025 & regular October 14, 2025

Constables & Deputies – October 21, 2025

*Note: Only court personnel notified by TJCTC are eligible for early registration. This registration is for court personnel who were unable to attend a conference last year. If anyone who is not eligible registers, they will be removed from the registration list and may not get a slot during regular registration.

Click the buttons below to see the agendas, dates, and locations of programs. 

Justice of the Peace
Court Personnel
Constables & Deputies

Highlight on Evictions & Landlord/Tenant Issues

All conferences this year will feature sessions about evictions and landlord/tenant issues and will be updated with all of the new legislative changes.

There will also be special programming exclusively on these topics. One example is the workshop for justices of the peace:

Justice of the Peace Virtual Evictions Workshop – November 12 – 14, 2025 via Zoom

Legal Question of the Month

Question: New EPO Law. Is 31 Days No Longer an Option? I have read several explanations that are vague and confusing. I did see the 31 day option with a line through it in the new law. I have issued many 31 day EPO’s as a “Cooling off” period. Do I still have the Authority to issue a 31 Day EPO? I think 61 days is a bit too long for many of the EPO’s.

Answer: 

No. The line through 31 in the new law means that it has been deleted. This is the new law for the timeframes of EPOs issued on/after 9/1/25:

✳️ If EPO is issued under 17.292(a) (discretionary if one of the listed offenses) or 17.292(b)(1) (mandatory due to serious bodily injury to the victim of FV offense): Timeframe is now at least 61 but no more than 91 days after issuance (instead of 31 and 61).

✳️ If EPO is issued under 17.292(b)(2) (mandatory due to the use or exhibition of a deadly weapon during the commission of an assault in FV situation): Timeframe is now at least 91 but no more than 121 days after issuance (instead of 61 and 91).

Celebrating Constitution Day

Wednesday, September 17, 2025 was Constitution Day, but the celebration and learning doesn’t have to end.

The National Constitution Center, Duquesne University, and the Pennsylvania Commission on Judicial Independence graciously shared with all state judicial educators a video they produced about the importance of judicial independence in our Constitutional democracy. The video features retired U.S. Supreme Court Justice Stephen Breyer in a conversation with Duquesne University President Ken Gormley (a leading Constitutional scholar).

This video was specifically produced with education in mind, and is perfect to share with teachers and other community members interested in having a discussion on this topic. Feel free to share this with your community or host a discussion. They also provided discussion questions for high schoolers and college students to get you started.

Watch the Video
Discussion QuestionsDownload
College Discussion QuestionsDownload
www.tjctc.org
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Civil Process Updates 8.29.2025 – IMPORTANT

Important Legislative Updates Taking Effect September 1, 2025! 

There are several legislative updates going into effect on Monday, September 1, 2025, so we wanted to make sure you knew about the new laws and the corresponding forms that we have prepared for your use.

Please read this entire email for all of the details, links to forms and other resources, and helpful information!

SB 1333 – Squatters!

This bill has several parts, most of which will impact constable processes. The main new process assigned to constables goes into effect Monday, September1, 2025.

Removal of Unauthorized Occupants (new procedure!)

This is a new procedure described in new Property Code Chapter 24B where property owners (or their agents) can request immediate removal by sheriff/constable of a person unlawfully occupying a dwelling, if:

  • The property was not open to the public when entered,
  • The property is not the subject of pending litigation between the parties,
  • The owner/agent has directed the person to leave, and they have not done so, and
  • The occupant is not a current/former tenant (under written or oral lease), immediate family, owner, or co-owner.

 Who can file?

The complainant must be:

  • the record owner of the property that is the subject of the complaint or the owner’s agent; and
  • otherwise entitled to the relief sought in the complaint.

What is the procedure?

  1. The owner/agent must file a complaint that is sworn or has an unsworn declaration that includes everything listed in the statute and provide ID (and agent must give documentation of authority to act on owner’s behalf). In the county where the property is located. (This means, any precinct.)
  • The Sheriff or Constable must establish the following:
  • The property was not open to the public when entered,
  • The owner/agent is actually the owner and has entitlement to make the complaint,
  • The property is not the subject of pending litigation between the parties,
  • The owner/agent has directed the person to leave, and they have not done so, and
  • The occupant is not a current/former tenant (under written or oral lease), immediate family, owner, or co-owner.
  • If the Sheriff or Constable determines that at least one of the issues exist the owner will be directed to proceed to the proper JP Court for the necessary eviction process.
  • Then without delay, the Sheriff or Constable must serve notice to immediately vacate (by hand delivery or affixing the notice to the front door or entrance of the dwelling) and restore possession to the owner.  
  • The property owner or owner’s agent may request that the sheriff or constable remain on the property to keep the peace while the owner or owner’s agent:
  • changes any locks; and
  • removes any personal property of an occupant from the dwelling and places the personal property at or near the property line of the owner’s property.

Important Notes:

  • Law enforcement may arrest unauthorized occupants for trespass, outstanding warrants, or other offenses for which there is probable cause.
  • Sheriffs/constables may charge a fee equivalent to executing a writ of possession, plus an hourly rate if asked to remain on-site during removal.
  • Sheriffs/constables are shielded from liability for loss/damage during removal.
  • Owners/agents are generally not liable for property loss/damage from removal, but may be sued for wrongful removal and face damages, court costs, and attorney’s fees.
  • The return of service should be provided to the person that filed the complaint and copy kept in the file at the constable/sheriff’s office.

This bill has other parts, including the creation of new criminal offenses. You can learn more by reading the Civil Process Legislative Update Materials on the TJCTC Legislative Page – https://www.tjctc.org/legislative.html

New Forms 

Click the buttons below or visit the TJCTC Forms Page to access the new forms drafted by TJCTC for this process. Special thank you to Constable Chad Jordan’s Office for collaborating on these forms

Complaint To Remove Person Occupying Dwelling Without Owner’s ConsentDownload
Notice to Immediately Vacate — Unauthorized OccupantsDownload

Other Legislative Materials

Want more information about other legislative changes? Visit the TJCTC Legislative Page to download handouts and other information: https://www.tjctc.org/legislative.html

Registration for Programs is Coming Soon!

Civil Process Conferences will open for registration starting on October 21, 2025. Look for more information soon.

There will also be a special workshop this coming academic year, specifically for constables and deputies where we will do a deep dive into all of the recent changes to evictions and landlord/tenant issues!

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TJCTC Updates 8.21.2025

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Mid-Month Updates

Please read this email fully for an important legislative update as well as some great training opportunities (some of them are FREE)!

Important note, if you downloaded Legislative Update Materials prior to 8/21/2025, please re-download the updated version, available today. We apologize, but some new information was provided this week that lead us to change a few slides.

For judges/clerks, changes were made specifically to sections regarding SB 1667, HB 654, and HB 2282. There were no changes made to the 2025 New Fine-Only Offense Chart. For constables/deputies, there were several minor changes made. There were no changes made to the Caselaw Update.

SB 1667 Expunctions

Note: If you attended the 8/19/25 Legislative Update in Corpus Christi, this update includes updated information from our presentation.

This bill applies to expunction petitions filed after 9/1/2025, and made changes to Code of Criminal Procedure Chapter 55A. (Note, this won’t apply to expunctions made other under code provisions, like alcohol offense expunctions.)

It requires district clerks to compile and maintain on their website a list of agencies/entities and their applicable email addresses, so that expunction petitions and orders can be delivered to the appropriate entities electronically.

New Fee: If an agency/entity cannot receive the order electronically, then the court shall charge a $25 fee effective 1/1/2026.

Old Fee: This bill repealed the “Fees in Expunction Proceedings” section. This means that starting 9/1/2025, the $100 fee for CCP Ch. 55A expunctions can no longer be charged. This also means only the new $25 fee discussed above will be charged (after 1/1/2026). Note, this repeal was an error that the legislature is seeking to reverse in the special session. If the new bill passes, the $100 fee will go back into effect 1/1/2026. TJCTC will keep you updated on this situation.

There are also new provisions regarding inspection and disposition of expunction records and retention of mental health records.

Want more info?

Review TJCTC’s legislative update slides on SB 1667

Read SB 1667

Legal Question of the Month

Release of Judgment in Error

A default judgment was granted against the defendant last year. A few months later, there was a Release of Judgment entered in the case. The plaintiff recently realized that the judgment was NOT supposed to be released, they have now submitted a “Motion to Vacate and set aside satisfaction of judgment”. Is this something that is possible, to set aside the release of judgment?

Answer: At this point, it may be best to have a hearing to ensure that there is nothing weird going on or no other mistakes are made, and give notice to both the judgment creditor and judgment debtor.

At the hearing, if the court finds that the release was entered in error, then the court can enter an order withdrawing or striking the release and noting what happened.  This will also give the debtor an opportunity to be heard and know what is going on, as they might have no clue any of this happened.

Upcoming Training Opportunities

8th Annual Judicial Summit on Mental Health

Detailed Agenda Available

The 8th Annual Judicial Summit on Mental Health will be held October 7-8, 2025, at the Royal Sonesta Houston Galleria in Houston, Texas. Capacity for our in-person meeting is limited; we have fewer than 100 in-person spots left. Those who are not able to attend the meeting in person will have the opportunity to live-stream the event from their home or office.

Book your hotel room at the Royal Sonesta Houston Galleria by September 12 to get the Summit room block rate.

Don’t forget, registration is free! Register to attend in-person or online: https://web.cvent.com/event/e401bbc3-30ae-401f-be22-b1b385a958b7/regPage:3a358dcf-21b7-414c-ad7b-06220cc77043

TAC RMP Regional Pool Workshops

Various Dates from September 23, 2025 – October 02, 2025 (multi-day)

TAC Risk Management Pool Regional Workshops are scheduled around the state and are designed to be small, intense and topic-specific. These one-day sessions will cover the latest in risk control, human resources and law enforcement.

Who Should Attend?

Elected and appointed officials, decision-makers for the Pool, human resource directors and managers, workers’ compensation managers, and department managers or supervisors.

Registration Fees The workshops are provided at no cost to county officials and staff.

Learn More and Register: https://www.county.org/education-and-events/calendar-of-events/2025/tac-rmp-regional-pool-workshop/overview

Online Training

Human Trafficking Awareness Initiative from NCSC

NCSC has launched an initiative designed to help courts play an active role in raising awareness of human trafficking. CDL Drivers & Courts: On the Road to End Human Trafficking offers judges a tool to address this issue from the bench—a specialized e-learning course that can be assigned to CDL drivers who appear before the court.

The free, self-paced e-learning course educates commercial drivers on how to identify and report signs of human trafficking, understand reporting procedures, and comply with the No Human Trafficking on Our Roads Act, which imposes a lifetime CDL disqualification for drivers convicted of human trafficking in a commercial motor vehicle. Participants earn a certificate of completion that can be submitted to the court.

Resources for this initiative, including a judicial bench card, are available at https://www.ncsc.org/cdlhtainfo. Note, if you are a judge or clerk who completes this course and would like TJCTC Credit, please email your certificate to Jessica Foreman at jessforeman@txstate.edu.

Disaster Relief Help

Do members of your community still need disaster relief aid? 

You can share the following link to resources from Texas Rio Grande Legal Aid with your community.https://www.trla.org/disaster

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TJCTC Updates 8.13.2025

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Legislative Updates and Other Training

As we come to the end of summer, there are some interesting online learning opportunities and of course legislative updates coming up very soon before we get back into the next year of regularly-scheduled training.

We have received several calls about legislative changes. We are hard at work going through the changes to explain them to you and update materials!

Several of the Legislative Update programs still have seats left:

Beaumont (Judges, Court Personnel, & Civil Process) on August 28

Virtual Civil Process on September 10

Lubbock (Judges & Court Personnel) on September 15

Virtual Judges & Court Personnel on September 17

Some other programs have short wait lists, and you may still get a spot, but it is not guaranteed.

Sign up at www.tjctc.org/legislative. 

Last Civil Process Conference of 2025

Virtual Civil Process Conference
August 19th – 22nd , 2025.
TCOLE #1415 and TCOLE #3131

Note: This will be the final TJCTC course for TCOLE Civil Process (for elected officials) #1415 for this training cycle.

Register through August 15 by logging in to your TJCTC profile at: https://enroll.tjctc.org/portal/events/reg/participantTypeSelection.do?method=load&entityId=2544790

After August 15, please email Jay Takach at jay.takach@txstate.edu if you are interested in joining.

For the next few months, we will be highlighting legislative changes each time we send out Updates. 

Our first highlight is SB 2371, related to credit card skimmers on electronic terminals.

This bill created a new class c offense among other statutes related to credit card skimmers. It went into effect on May 27, 2025.

Sec. 607A.102.CRIMINAL OFFENSES. (a) A person commits an offense if the person refuses to allow an inspection of an electronic terminal at the merchant ’s place of business in violation of Section 607A.053. An offense under this subsection is a Class C misdemeanor.
(b) A person commits an offense if the person negligently or recklessly disposes of a skimmer that was installed on an electronic terminal by another person. An offense under this subsection is a Class B misdemeanor.
(c) A person commits an offense if, knowing that an investigation is ongoing or that a criminal proceeding has been commenced and is pending, the person disposes of a skimmer installed on an electronic terminal by another person. An offense under this subsection is a felony of the third degree

Upcoming Training Opportunity

TAC RMP Regional Pool Workshops

Various Dates from September 23, 2025 – October 02, 2025 (multi-day)

TAC Risk Management Pool Regional Workshops are scheduled around the state and are designed to be small, intense and topic-specific. These one-day sessions will cover the latest in risk control, human resources and law enforcement.

Who Should Attend?

Elected and appointed officials, decision-makers for the Pool, human resource directors and managers, workers’ compensation managers, and department managers or supervisors.

Registration Fees

The workshops are provided at no cost to county officials and staff.

Learn More and Register: https://www.county.org/education-and-events/calendar-of-events/2025/tac-rmp-regional-pool-workshop/overview

Online Training

TJCTC Webinar

Lunch and Learn Webinar (court personnel only):
From Lockouts to Light Switches: Understanding Writs of Re-Entry and Restoration in Texas

Tired of evictions? Bring your lunch and join us for a Lunch and Learn covering other common landlord/tenant cases like Writs of Retrieval, Re-Entry, Restoration, and Repair and Remedy. We’ll break down how to process and adjudicate these cases with practical tips and real-world insight.

This webinar is TOMORROW, Thursday, August 14th, from 12:00 pm – 1:00 pm.

Use this link to register now: https://txstate.zoom.us/webinar/register/WN_F4H4R5sQTgmA8C3VuQWB-w

NCSC Webinar

AI evidence in jury trials: Authenticity, admissibility, and roles of the court and juries

As artificial intelligence (AI) technologies become more prevalent, state courts are likely to encounter AI-generated evidence, such as deepfakes, reconstructed videos, and synthetic documents. 

Join the TRI/NCSC AI Policy Consortium to explore the evidentiary challenges posed by both acknowledged and unacknowledged AI-generated evidence in jury trials. Panelists will examine existing legal frameworks for authentication and admissibility and provide practical guidance for judges and attorneys. Special attention will be paid to the unique responsibilities of courts and juries in evaluating the authenticity and reliability of AI-generated evidence, as well as the potential need for updated jury instructions and judicial guidance.

Learn More and Register: https://zoom.us/webinar/register/WN_ZUPPIm9pQLiEo5aV-UR30w?utm_campaign=774425_AI%20evidence%20in%20jury%20trials%3A%20Authenticity%2C%20admissibility%2C%20and%20roles%20of%20the%20court%20and%20juries&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,GLJT,4VW08I,2OO0Y,1#/registration

National Wellness Month

Did you know that August is National Wellness Month?

Take some time this month to reflect on your wellbeing as well as what you can do at the office and at home to promote wellness for your employees/coworkers and family.

Here is an article from WebMD that discusses all kinds of wellness strategies: https://www.webmdhealthservices.com/blog/august-is-national-wellness-month-lets-make-well-being-a-priority-all-year-long/ 

This is also a great time to do the 5 Day Challenge to Improve Your Mental Health if you haven’t already (or again if you want a refresher)! 

You can find it on the TJCTC Self-Paced Modules Page – https://www.tjctc.org/onlinelearning/selfpacedmodules.html

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Updates 4.9.2025

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Registration Updates & More!

You should have received an email earlier today about registration for legislative updates. If you missed it, you can view it online.

This is a short update with reminders for upcoming online programs. Don’t forget to scroll to the bottom to hear about the updated SRL Page.

Updated Moving Violation Link

The link for the chart of Moving Violations has been updated. This is the list courts use to determine Driving Safety Course eligible offenses for defendants under the age of 25. 

The new link is Figure: 37 TAC §15.89(b). 

TJCTC materials will be updated later this year to include this new link and other legislative changes.

Legal Question of the Month

Question: Under Texas law, can a claimant recover damages for negligence if they are more than 50% at fault, and how is their recovery affected if they are partially at fault?

Answer: No, under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if their percentage of responsibility is greater than 50%. If the claimant is 50% or less at fault, they may recover damages, but under Section 33.012(a), the amount is reduced by their percentage of responsibility. The process of assigning percentage of liability is called Modified Comparative Negligence or Proportionate Responsibility. 

This is a question for the jury to answer in a jury trial and TJCTC has a special verdict form that can be used if it is a questions. The jury cannot be advised about any consequences of their answers related to proportionate responsibility.

Do you want to learn more? 

You can watch the recording for credit: How Much Should the Judgement Be? Calculating Damages in Civil Cases for more information.

Webinar from State Bar Justice Court Section: Repair and Remedy and Repair and Deduct Claims in Justice Courts

Friday, April 25, 2025, Noon – 1 pm 

 This session will offer 1 hour MCLE credit. After registering, you will receive a confirmation email with a link to join the webinar.

Course Description: This presentation will provide a statutory and procedural overview of Repair and Remedy and Repair and Deduct claims, both governed by Chapter 92, Subchapter B of the Texas Property Code, in Justice Courts. Additionally, this presentation will review relevant caselaw related to Repair and Remedy and Repair and Deduct claims and further provide practical considerations and best practices.
We hope to see you in attendance!

Instructors: Marisela Gonzales and Stuart Campbell 

Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association. 

Register for the webinar: https://us06web.zoom.us/meeting/register/9tGEclvBQ7-SRjE9A6MuvA#/registration

Upcoming TJCTC Webinars

Law & Literature Webinar **THIS WEEK**

April 10th from 2:00 – 3:00 pm

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!

Register for the webinar: https://txstate.zoom.us/webinar/register/WN_Er9LPQhaTl2jltrLKgyicQ#/registration

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.

Register for the webinar: https://txstate.zoom.us/webinar/register/WN_spcexLIFROSVykhcZrpsZg#/registration

Updated SRL Page

We made some updates and added a few more resources. Make sure you take a look and feel free to share with people who come to your court looking for assistance.

Note: There are several great videos about court procedures from the National Center for State Courts and the Austin Young Lawyers Association available there now as well.

Check out the SRL Page: https://www.tjctc.org/srl.html

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TJCTC Updates 1.16.2025

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Online Training and Resources

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. 

Read the blog post: https://www.lexipol.com/resources/blog/law-enforcement-policy-trends-to-watch-in-2025/

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

Register: https://zoom.us/webinar/register/WN_ZUPPIm9pQLiEo5aV-UR30w?utm_campaign=646908_Tech%20for%20All%3A%20Applications%20of%20AI%20to%20Increase%20Access%20to%20Justice&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,DV5O,4VW08I,23BMQ,1#/registration

NCSC Online Course in Support of National Human Trafficking Prevention Month

New online course connects courts with CDL drivers in the fight against human trafficking.

A new NCSC course gives courts an opportunity to connect with Commercial Driver’s License (CDL) holders to raise awareness about human trafficking.

CDL Drivers and Courts: On the Road to End Human Trafficking is a free, 45-minute, interactive, self-paced online course developed by NCSC Creative Learning Services (CLS).

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. 

Here is the link to the series: https://lnkd.in/eEpgdFdu

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.

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TJCTC Updates 1.6.2025

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Happy New Year!

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.  

Read more from other groups here: Texas Commission on Jail Standards and Texas District and County Attorney’s Association.

NCSC Self-Represented Litigants:

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!

Access the Resources Page: https://www.ncsc.org/consulting-and-research/areas-of-expertise/access-to-justice/self-represented-litigants

Access the Videos: https://www.ncsc.org/consulting-and-research/areas-of-expertise/access-to-justice/a2j-videos

Substance Use Disorder Treatment Month

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:

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TJCTC Updates 12.11.2024

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Happy Wednesday!


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.

Read the case: https://www.ca5.uscourts.gov/opinions/pub/24/24-50135-CV0.pdf

Legal Topic of the Week

Public/Open Records

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 Deskbook discusses these issues in detail!

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Constable Records

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. 

The Texas Attorney General’s Office has a helpful page about the PIA requests and even has a PIA handbook available. Visit the AG’s PIA webpage: https://www.texasattorneygeneral.gov/open-government/members-public/how-request-public-information

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 on Zoom: https://txstate.zoom.us/webinar/register/WN_BnXHlI0cRhaEuGveolXNBQ#/registration

Juvenile Diversion Forms Update

Did you know that we have lots of resources to help you with juvenile diversions?

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.

Read the Article on the County Progress website: https://countyprogress.com/dos-and-donts-county-purchasing/

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.

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