TJCTC Program – The Docket

April 9, 2025April 9, 2025

Updates 4.9.2025

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.

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!

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.

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

April 9, 2025

Updates 3.17.2025

Lots of Legal Information

This update is full of legal information and updates. Make sure to scroll all the way to the bottom for a new resource you can share with your communities as well.

There are also several great webinars and trainings coming up, both from TJCTC and other outside groups.

Clarifications & Updates from Recent Classes

CDL Issued by Mexico

The Legislature changed how the law operates for people who aren’t authorized under federal law to work in the United States but are operating a CMV using a CDL issued by Mexico. HB 4337 modified Transportation Code Sec. 522.015 to state that people who meet that description are only allowed to operate the vehicle in counties which border Mexico.

“Over Group of Axles”

Courts have begun seeing citations for “over group of axles” in some areas. Transportation Code Sec. 621.101 provides three different weight restrictions related to axles. (a)(1) limits a single axle weight to 20,000 pounds, (a)(2) limits a tandem axle weight (two axles directly adjacent to one another) to 34,000 pounds, and subsection (a)(3) limits the overall gross weight on a “group of two or more consecutive axles.” The limit for the “group of axles” is determined by the formula listed in Sec. 621.101(a)(3), which is based on the number of axles and the distance between them.

Legal Question of the Month

Question: We have several juveniles that had 2 charges filed on them in a single incident. How do we handle this with Juvenile Diversion?

Answer: This situation is not expressly dealt with in the juvenile criminal diversion statutes.

Therefore, it is ultimately up to the court how they want to handle the citation/charges.

TJCTC’s position is that the court should handle the charges together and divert both if the standard eligibility elements are met, the charges are not traffic offenses, and both charges are in one citation.

In support of our position, CCP Art 45.310, in part, says, “If a charge involving a child who is eligible for diversion is filed,” and CCP Art. 45.301 defines “charge” as “a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.”

Thus, if two alleged offenses are contained in one citation, that meets the definition of “charge” in CCP 45.310, and the court may divert both charges in one agreement.

We also recommend speaking to the other JPs in your county to see if you can all come to an agreement on how this situation will be handled in your county. This would help ensure fairness and predictability for juveniles in your area.

Caselaw Updates

Staley v. State

No. 02-23-00053-CR, Issued 3/6/25 from the Second Court of Appeals in Fort Worth

Question: Is a search warrant affidavit that only relies on the officer’s “training and experience” and no other specific facts in support enough to search electronic devices found in a home where the search warrant is executed.

Holding: No. There was no connection established between the crime being investigated and the defendant’s electronic devices.

What does this mean for justices of the peace who sign search warrants? This case is a good reminder that the affidavit must go beyond just boilerplate language and include articulable facts connecting the items being searched for with evidence of the crime being investigated. This case is in line with the Baldwin case from the Court of Criminal appeals

Spots filling fast! (Judges Only)

There are still spots open for justices of the peace at the annual Impaired Driving Symposium held July 30-31 in Denton.

Visit the TAC website for more information and to register: https://www.county.org/education-and-events/calendar-of-events/2025/impaired-driving-symposium/overview

Upcoming TJCTC Webinars

Law & Literature Webinar

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.

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

Rescheduled TAC Training

Judicial Forum on Mental Health (Judges Only)

The Judicial Forum on Mental Health will give county judges and justices of the peace information about the nature of mental illness in the courts, crucial legislative updates and how to create important partnerships.

August 14, 2025 – August 15, 2025

08:00 AM – 05:00 PM

DoubleTree by Hilton Hotel Austin 6505 N. Interstate 35
Austin, TX 78752

Register for the Judicial Forum: https://www.county.org/education-and-events/calendar-of-events/2025/judicial-forum-on-mental-health/overview

Family Help Link

Texas Law Help has partnered with the various legal aid organizations around Texas to create one form for Texans to use to request legal help and resources when it relates to a legal issue that involves a child’s health, stability, safety, or security.

This is a great resource to have handy to share with your local constituents and anyone who comes into your court seeking help with these issues.

Check out the Family Help Link: https://texaslawhelp.org/family-help-link

March 12, 2025

Updates 3.12.2025

It has been a busy March so far, with a JP Conference and a Civil Process Conference back-to-back with JPCA Day right in the middle! We had such a great time welcoming so many of you to Austin!

There are several great webinars and trainings coming up, both from TJCTC and other outside groups. Make sure to scroll down all the way to register for the webinars this week. **There is one this week!**

More than 200 JPCA members at the Capitol for JPCA Day!

The Justices of the Peace and Constables Association had a great showing at the Capitol for your annual legislative day. While members of the TJCTC staff didn’t attend, we sure enjoyed seeing you all before and after at our conferences.

As this legislative session is underway, we wanted to remind you all that TJCTC will provide legislative updates late this summer (registration coming soon), but if you are interested on what is going on at the legislature now, contact your JPCA legislative teams – https://jpca.com/legislative/.

Spots filling fast! (Judges Only)

There are still spots open for justices of the peace at the annual Impaired Driving Symposium held July 30-31 in Denton.

Visit the TAC website for more information and to register: https://www.county.org/education-and-events/calendar-of-events/2025/impaired-driving-symposium/overview

Constable Corner

First Responder Wellness Week

This week is Wellness Week, and Lexipol has compiled a week’s worth of trainings, resources, and reminders for you to be the best you can be mentally and physically! Check them out at the Lexipol website by clicking the button below

Note: This is not a TJCTC sponsored training, but from a reputable criminal justice training agency.

FRWW-2025

Webinar from State Bar Justice Court Section: From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court

Friday, March 21, 2025, Noon – 1 pm

Judge Ralph D. Swearingin, Jr. and Craig Noack will present From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court. 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 some insights from the bench on post-judgment collections and the appointment of receiverships. Additionally, the presentation will provide an in-depth look at the role of a receiver once appointed, including the behind-the-scenes work involved in collaborating with the judgment debtor

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

https://us06web.zoom.us/meeting/register/1LlWU5qsRx6H8Dv_ZcWpPA#/registration

Upcoming TJCTC Webinars

Restorative Justice Pathways for Juvenile Offenses

THIS WEEK!!! March 14th from 2:00 pm – 4:00 pm

Explore the critical intersection of emotional hygiene, shame, and juvenile behavior in our powerful session. Discover effective restorative justice strategies designed to promote healing, accountability, and meaningful community involvement within the juvenile justice system. Join us to unlock the power of restorative justice!

https://txstate.zoom.us/webinar/register/WN_3YYucvTYS_C3ZTEKKMh_bQ#/registration

Law & Literature Webinar

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.

Visit an earlier blog post for more information & to register: https://docket.wp.txstate.edu/2025/01/22/law-literature/

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

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

Rescheduled TAC Training

Judicial Forum on Mental Health (Judges Only)

August 14, 2025 – August 15, 2025

08:00 AM – 05:00 PM

DoubleTree by Hilton Hotel Austin 6505 N. Interstate 35
Austin, TX 78752

https://www.county.org/education-and-events/calendar-of-events/2025/judicial-forum-on-mental-health/overview

Disability Awareness Month

This month is Disability Awareness Month. Are you doing everything possible to make your court accessible for all court users?

Do you know that 1 in 4 adults in the United States experience some type of disability at some point in their life?

A disability is a visible or invisible condition that substantially limits one or more major life activities such as eating, sleeping, speaking, hearing, walking, seeing, breathing, caring for one’s self, or working.

We discuss the Americans with Disabilities Act and what court compliance looks like in the recently updated Interpreters Self-Paced Module.

Check out all of the Self-Paced Modules on TJCTC’s Website:

https://www.tjctc.org/onlinelearning/selfpacedmodules.html

February 16, 2025

Updates 2.14.2025

Hello

We are excited to be back in the swing of things at conferences around the state! Don’t forget, this might slow down the legal board or legal call response time if staff is traveling to or teaching at a program.

This round of Updates includes some important legal announcements and links to sign up for several training opportunities, so make sure to scroll all the way to the bottom.

Don’t forget! Every court should have (as of January 1, 2025) a Juvenile/Youth Diversion Plan available for public inspection. For more resources, information, and help with this topic, please see a special post on this blog, The Docket.

Legal Question of the Week

Question: I sent a request to a Health Care Provider for records of a deceased using the form provided on your website. The provider uses an outside company to manage their records. I received a reply that I had to provide an attestation form under the Reproductive Health Care Privacy Final Rule before I can receive the records. Is this proper and, if so, what do I need to attest. Thanks,

Answer: Information on this Rule is found here: https://www.hhs.gov/hipaa/for-professionals/special-topics/reproductive-health/final-rule-fact-sheet/index.html It seems like an attestation is not necessary, since the records aren’t being sought to investigate lawfulness of reproductive health care. However, you certainly can sign an attestation that you are not seeking the information for any prohibited purposes, since you are not, and that may be easier than arguing about the need. A model form may be found here: https://www.hhs.gov/sites/default/files/model-attestation.pdf

Upcoming Webinars

When Evictions Met AirBNB: A Conversation

February 27th from 2:00 – 3:00 pm

This webinar will feature a justice of the peace and constable discussing issues around short-term vacation rentals, tenants vs. lodgers, property owners’ rights, and more.

Registration Link: https://txstate.zoom.us/webinar/register/WN_JjFkV1wLSqKA4bMj32fjsA#/registration

Restorative Justice Pathways for Juvenile Offenses

March 14th from 2:00 pm – 4:00 pm

Registration Link: https://txstate.zoom.us/webinar/register/WN_3YYucvTYS_C3ZTEKKMh_bQ#/registration

Law & Literature Webinar

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.

Learn more on an earlier post from The Docket: https://docket.wp.txstate.edu/2025/01/22/law-literature/

Registration Link: 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.

Registration Link: https://txstate.zoom.us/webinar/register/WN_spcexLIFROSVykhcZrpsZg#/registration

Teen Dating Violence Awareness Month (TDVAM)

February is Teen Dating Violence Awareness Month (TDVAM), and there is a grant-funded website with resources that anyone can use to share information with the public.

Why??

Dating violence is more common than you may think, especially among teens and young adults: 1 in 3 U.S. teens will experience physical, sexual, or emotional abuse from someone they’re in a relationship with before becoming adults. And nearly half (43%) of U.S. college women report experiencing violent or abusive dating behaviors.

Often, these teens end up in your court or the public might come in and ask for help with these types of issues. Access the TDVAM website here: https://www.loveisrespect.org/get-involved/tdvam/

January 22, 2025

Law & Literature

Are you interested in combining your love of reading and learning about your job?

If this sounds like fun to you, join our new book club!

This spring, we will host the first Law & Literature 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.

We didn’t forget the TV and movie lovers out there, there is also Netflix series based on the book.

Read, watch, and come for a lively discussion about Maid.

Webinar Details:

Thursday, April 10, 2025 at 2:00 pm

More about Maid

from Goodreads:

At 28, Stephanie Land’s plans of breaking free from the roots of her hometown in the Pacific Northwest to chase her dreams of attending a university and becoming a writer, were cut short when a summer fling turned into an unexpected pregnancy. She turned to housekeeping to make ends meet, and with a tenacious grip on her dream to provide her daughter the very best life possible, Stephanie worked days and took classes online to earn a college degree, and began to write relentlessly.

Maid explores the underbelly of upper-middle class America and the reality of what it’s like to be in service to them. “I’d become a nameless ghost,” Stephanie writes about her relationship with her clients, many of whom do not know her from any other cleaner, but who she learns plenty about. As she begins to discover more about her clients’ lives-their sadness and love, too-she begins to find hope in her own path.

Her writing as a journalist gives voice to the “servant” worker, and those pursuing the American Dream from below the poverty line. Maid is Stephanie’s story, but it’s not her alone.

This is a New York Times bestselling book available in most public libraries as well as most online book retailers. We have provided a few links to purchase the book below, but don’t want to discourage you from finding it at your local libraries or bookstores!

Link to the book on Amazon: https://www.amazon.com/Maid-Hard-Work-Mothers-Survive/dp/0316505110/ref=asc_df_0316505110?mcid=4ecc3ebbe4bd3262b6a96a90ad77eb14&hvocijid=16818213392936180214-0316505110-&hvexpln=73&tag=hyprod-20&linkCode=df0&hvadid=721245378154&hvpos=&hvnetw=g&hvrand=16818213392936180214&hvpone=&hvptwo=&hvqmt=&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=9193624&hvtargid=pla-2281435178298&psc=1

Link to the book on Barnes & Noble: https://www.barnesandnoble.com/w/maid-stephanie-land/1128617437

Link to the book on Half Price Books: https://www.hpb.com/maid-hard-work-low-pay-and-a-mothers-will-to-survive/P-15470508-USED.html?utm_source=google&utm_medium=cpc&utm_campaign=HPB_PMAX_ECOM&gad_source=1&gclid=CjwKCAiAnKi8BhB0EiwA58DA4QR2ID7B9zpBolJmrQs2XiycyzQZpoDq3mw4r0-CSwUVJ0ZE7y7XTBoCRXsQAvD_BwE

Link to the TV series on Netflix: https://www.netflix.com/title/81166770

December 11, 2024

TJCTC Updates 12.11.2024

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!

_____________________________________________________________

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.

Juvenile Diversion Forms Update

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

*New* Forms – under their own tab “Juvenile Criminal Diversion Forms“
Juvenile Diversion Self-Paced Module (includes sample plans)
Juvenile Deskbook Chapter 3A

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.

December 5, 2024December 5, 2024

TJCTC Updates 12.5.2024

Is it December already??

As the year comes to an end, we have a few legal updates for you as well as some training opportunities.

There is recent caselaw out of the Fifth Circuit that will impact your county, and the Census of Medical Examiner and Coroner Offices (CMEC) requires JP responses soon, as JPs fill the coroner role in Texas. Also, don’t miss a pretty cool new resource to share with self-represented litigants!

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

Census of Medical Examiner and Coroner Offices (CMEC)

IMPORTANT!!!!

RTI International, on behalf of BJS, is conducting the Census of Medical Examiner and Coroner Offices (CMEC), and they are in our last 2 weeks of data collection efforts.

All JPs in counties without a Medical Examiner’s Office should have gotten an email with log in credentials for the CMEC in early October. If you have not yet completed the survey, please do so by December 13 so that you can be included in this important effort.

It’s crucial for all offices, no matter the size, to participate in the CMEC to ensure the data accurately reflects all offices performing death investigations across the US. Even if you are not tasked with death investigation efforts, please log in, and the survey will allow you indicate that you do not investigate deaths as part of your assigned responsibilities.

As of now, Texas’ response rate is less than 10%. If you did not receive log in credentials for the survey, or if you have any questions, please contact CMEC@RTI.org.

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.

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 the button below to watch via Zoom.

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.

Video Series from Austin Young Lawyers Association

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 email or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.

November 25, 2024

TJCTC Updates 11.22.2024

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.

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.

Webinar: Chat with a Forensic Pathologist 12/11/2024

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.

TJCTC Webinar: Children in the Courts 12/17/2024

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.

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.

November 15, 2024

TJCTC Updates 11.15.2024

Hello!

Happy Friday. We are excited to announce that we are using a new email provider for these e-blasts, so hopefully you will have less trouble receiving them than with our prior software. (It also makes the job of compiling them a bit easier, so we are really crossing our fingers that it works out)!
We have a few resources to share and a big thank you to all of our Inquest Week participants for a great week of virtual training.

Inquest Week

If you missed it, don’t worry, recordings of most sessions will be live in the next few weeks, so look for an update via email soon.

We also want to remind you that we have some great inquest training coming up at both our regular 20-hour conferences and new judge conferences this year.

Juvenile Criminal Diversions

Just a reminder that there is a new self-paced module explaining the new Juvenile/Youth Criminal Diversion requirements in justice courts.

As part of this training, we are sharing sample diversion plans from across the state. Please reach out to mark.zuniga@txstate.edu if you are willing to share yours.

Legal Topic of the Week

Interpreters

If a participant in a court proceeding needs an interpreter for spoken language, or because of a disability affecting their ability to communicate in some other way (American Sign Language, etc.), the court MUST appoint one. Generally, courts will be required to appoint a certified interpreter, but there are limited circumstances where the interpreter does not have to be certified.

A court may appoint a spoken language interpreter who is not a licensed court interpreter:

in a county with less than 50,000 residents;
in a county with more than 50,000 residents if the language is not Spanish and the court finds that there is no licensed court interpreter within 75 miles who can interpret in that language; or
in a county that:
is part of two or more judicial districts, that has two or more district courts with regular terms, and that is part of a district in which a county borders on the international boundary of the United States and the Republic of Mexico;
borders on the international boundary of the United States and the Republic of Mexico and that is in a judicial district composed of four counties;
borders on the international boundary of the United States and the Republic of Mexico and that has three or more district courts or judicial districts wholly within the county; or
borders on the Gulf of Mexico and that has four or more district courts or judicial districts of which two or more courts or districts are wholly within the county.
Government Code §§ 57.002, 57.002(d-1); Civil Practice and Remedies Code § 21.021.

Even if a county is not required to provide the licensed interpreter, they still must provide an interpreter that is qualified by the court as an expert, at least 18 years of age, and that is not a party to the suit. See TX Gov’t Code Section §57.002(e).

Did you know we have a module full of information about Interpreters & Spanish Legal Terminology? You can access it on our Self-Paced Module Page – https://www.tjctc.org/onlinelearning/selfpacedmodules.html.

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.

November 14, 2024

Inquest Week Day 2

Hello Judges!

Inquest Week kicked off yesterday with two great webinars – Beyond the Surface: Delving into Medicolegal Death Investigations of Suicides and Missing Migrants.

The webinars will continue all week, but we also wanted to remind you about additional Inquest resources.

TJCTC Charts & Checklists Page

Did you know that in addition to the Inquest Deskbook, we have several charts, checklists, and other resources on our Charts & Checklists Page just for your inquest work? Included on this page are a recently updated Inquest Procedure Flowchart, Formal Inquest Procedure Flowchart, Mass Fatality Resources, Medical Records Letter, Organ Donation Information, Inquest Helpful Links, Cause and Manner Tips, Death Investigation Tips, and Medical Terminology Handout.

Check them out here: https://www.tjctc.org/tjctc-resources/charts-and-checklists.html

Webinars

Did you miss the sign-up for Inquest Week Webinars? Don’t worry, you can still sign up! Registration links for the remaining webinars are below.

Thursday, November 14th

1 pm – 2 pm

Border Patrol: Identifying Deceased Migrants and Utilizing Key Resources

Join this webinar to learn about the Missing Migrant Program (MMP), different death categories, rescue beacons, and much more.

Speakers: United States Border Patrol agents

2 pm – 4 pm

Working with the Center for Human Identification at UNT

Join our friends from Texas State University to learn more about the assistance they can provide in death investigations as well as their tips for identifying bodies and determining cause and manner of death.

Speaker: Mark Ingraham, University of North Texas

Friday, November 15th

10 am – 11:30 am

Resources for Mass Fatalities

The state of Texas has a number of resources that a Justice of the Peace can use when they are overwhelmed by a catastrophic event. This presentation will address utilizing the Texas Mass Fatality Operations Response Team (TMORT) and the State Medical Operations Center (SMOC), whether you simply need a phone consult or your county needs a team to provide significant support on the ground.

Speakers: Victor Wells & Dr. Jason Wiersema from TMORT

1 pm – 2 pm

Tissue Recovery Tour

Do you want to see what the Tissue Recovery Center looks like? As part of this webinar, you will receive a video tour of the center and then have a chance to ask all your tissue recovery related questions!

Speaker: Damian Jackson

2 pm – 3 pm

Inquest Mentorship Roundtable

Discuss what you learned and find colleagues who are experts at different areas of Inquests that you may need help in!

See full information about Inquest Week and other virtual programs on our website here: https://www.tjctc.org/onlinelearning/virtualprograms.html