TJCTC Updates 9.25.2024

TJCTC Updates Header

Hello Everyone!

September and the Back-to-School Season has flown by! At TJCTC we have been busy working with the JPCA Education Committees and Faculty on our next academic year of training. Spoiler alert – we think it is going to be great. Make sure you read all the way to the bottom for updates on training registration and more.

*Important* National Survey for Death Investigation Information

All Justices of the Peace in counties without a medical examiner’s office should have received an email earlier this month from RTI International on behalf of the Bureau of Justice Statistics (BJS), directing them to the Census of Medical Examiner and Coroner Offices (CMEC) website to confirm their office information and indicate if they perform death investigation functions. This information will be used in early October to send the survey to the appropriate person within each office.  

The Census of Medical Examiner and Coroner Offices (CMEC) was created by the Bureau of Justice Statistics (BJS) in 2004 as the first nationwide data collection effort designed to capture crucial information regarding the patchwork of Medical Examiner and Coroner offices across the United States. RTI International (RTI) conducted the CMEC on behalf of BJS, and subsequently completed a second iteration of the census in 2018.  The report from the 2018 CMEC can be found at https://bjs.ojp.gov/content/pub/pdf/meco18.pdf.  

We are excited to share that data collection for the 2023 CMEC will begin in early October of this year. Topics covered will include budget, staffing and salaries, caseload, and other relevant measures and practices (e.g. is there a computerized case management system, how many scene investigations are done).  Also new this year will be the inclusion of Justices of the Peace in Texas who performing death investigations. 

If there are questions or if you did not receive an email, please email cmec@rti.org to get your log in information so you can confirm your role.

Legal Question of the Month

Is a Driver’s License required in order for a person to be placed on Deferred?

No, that is not a requirement for deferred disposition under CCP Art. 45.051. However, there is a driver’s license requirement for DSC dismissal under CCP 45.0511. For more information (including an exception to this requirement), please see p. 54 of TJCTC’s Criminal Deskbook: https://www.tjctc.org/tjctc-resources/deskbooks.html.

We have had several questions lately about offenses being eligible for DSC or Deferred. Chapter 5 of the Criminal Deskbook (at the above link) is all about DSC, Deferred, and other Dismissals. You can likely find your answer there. In addition, don’t forget about the TJCTC Charts & Checklists Page: https://www.tjctc.org/tjctc-resources/charts-and-checklists.html where we have flowcharts for both DSC and Deferred.

Online Education Opportunities

NCSC Webinars

Transitioning To a New Leadership Role

October 9th, 2024

Court Systems rely on effective leadership to operate effectively and efficiently, and leadership requires more than just seniority or title.
Embracing a new leadership position can be a transformative experience that can lead to personal growth and professional development. It also sends a signal that the organization is committed to promoting growth within. Transitioning into a new leadership role allows individuals to showcase their skills and make a positive impact on their teams and organizations.
In this session, we will explore techniques for successfully positioning yourself for leadership opportunities. Panelists will share their personal insights on their own experiences with transitions into leadership roles while discussing the challenges they encountered, and lessons learned along the way.

Register Here: https://www.ncsc.org/conferences-and-events/events-calendar/2024/webinars/october/webinar-transitioning-to-a-new-leadership-role

Navigating AI in Court Systems – Ethics, Legal Frameworks, and Practical Tools

October 16th, 2024

The integration of AI in court systems promises enhanced efficiency and decision-making capabilities. However, it also raises significant ethical and legal challenges that courts must address to maintain public trust and uphold the principles of justice.
This session, an extension of the first ethics webinar, Ethics of Generative AI: A Guide for Judges and Legal Professionals, will assist participants in developing an AI ethics infrastructure to ensure that AI technologies are used responsibly and ethically. A proactive approach that includes guiding principles, standards, and protocols helps courts prevent misuse, bias, and potential harm, thereby safeguarding the integrity of the judicial process and preserving public trust and confidence in our legal system.

Register Here: https://www.ncsc.org/conferences-and-events/events-calendar/2024/webinars/october/webinar-navigating-ai-in-court-systems-ethics,-legal-frameworks,-and-practical-tools

2024-2025 Education Event Schedules Released

Did you notice that our website has been updated with all of the 2024-2025 Upcoming Conferences and Workshops? Take a look at “Education Events” under your tab (Judges, Court Personnel, Constables) to see where our programs will be held this year. Look for a brochure online and in your mailboxes soon!

Registration Dates:

Justice of the Peace Registration – October 8

Court Personnel Early Registration (ONLY for clerks who were not able to attend a conference this year) – October 22

Regular Court Personnel Registration – October 28

Civil Process Registration – November 5

Judicial Education Requirements

Did you have to rush to complete last minute requirements this year? Check out this page on our website to make sure you know exactly what you need for this academic year that began on September 1, 2024: https://www.tjctc.org/justices-of-the-peace/education-requirements.html

Constable’s Corner: Constable Education Requirements

This is the last year of the 4-Year TCOLE Training Cycle (9/1/21-8/31/25). Make sure if you are an Elected Constable, you are able to log on to register if you haven’t yet completed your 1415 Civil Process requirement. We are working hard to ensure that all elected constables are able to get into our programs, but space in your preferred program might fill early! This year we will have programs in Galveston, Austin, El Paso, and virtually. You can view the dates on our website: https://www.tjctc.org/civil-process/education-events.html

Please feel free to reach out to us if you have questions. Laura Villarreal at lv13@txstate.edu is your point of contact for registration. 

If you have questions about your other TCOLE Requirements, you can likely find the answer on the TCOLE Website: https://www.tcole.texas.gov/content/training-requirements.

Looking forward to seeing you at a conference or workshop soon!

– Thea & the TJCTC Team

TJCTC footer

TJCTC Updates October 11, 2023

Good Afternoon Judges, Constables, & Court Staff,

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

 

Hot Topics

Administrative Closure in Receivership

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

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

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

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

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

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

Enforcing Arbitration Awards

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

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

HB 3956 – DNA Samples

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

 

Updated Resources

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

*New* Interpreters & Spanish Terminology Self-Paced Module

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

*New* Juvenile Criminal Diversions Webinar

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

 

Legal Question Procedure

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

You have two options:

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

FAQ:

Can’t I just call my favorite attorney?

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

Can I just send an email?

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

 

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

All the Best,

Thea & the TJCTC Team

 

Self-Represented Litigants Webpage

TJCTC has just launched a Self-Represented Litigant page that includes packets for the public explaining processes in justice court.

You can check out the webpage here: https://www.tjctc.org/SRL

Feel free to print out the packets and provide them to members of the public at your court.