Impaired driving increases during the holidays. This article gives you more information about the dangers of impaired driving during the holiday season and ways to fight it.
Fighting Impaired Driving During the Holiday Season
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.
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?
- *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.
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.
Register here: https://us06web.zoom.us/meeting/register/tZUtceigpjgpHtIrJeddTuKVH2PIek4LZDiM#/registration
Webinar: Chat with a Forensic Pathologist 12/11/2024
Dr Michael Baden is a renowned, 90 year old forensic pathologist who has been chief medical examiner for the city of New York, chairman of the house select committee on assassinations, investigated the assassination of John F Kennedy, the OJ Simpson murders, and many other well known cases.
Wednesday, December 11, 2024, at 4:00 pm.
Note: this event will be an in-person chat with the famous doctor, sponsored by AD Valor Technical Cleaning in Dublin OH. Click the button below to watch via Zoom.
Register here: https://us06web.zoom.us/webinar/register/WN_ASz6mHutSvyyjQFBRFzGiA#/registration
TJCTC Webinar: Children in the Courts 12/17/2024
This webinar will explore juvenile diversions including potential issues related to language access, mental health concerns, and disabilities. This course satisfies the requirement of Government Code Sec. 22.1105.
Tuesday, December 17, 2024, at 2:00 pm.
Note: An extension of this course will also be offered as a general session at the 20-hr Conferences during this academic year.
Register here: https://txstate.zoom.us/webinar/register/WN_BnXHlI0cRhaEuGveolXNBQ#/registration
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.
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.
It is unclear how counties are going to respond to this ruling. Like Caldwell County has chosen to do, other counties may comply by streaming the proceedings via Zoom and YouTube. This seems to be the most accepted method, because magistration hearings often take place in a secure location in the jail where there could be safety and liability issues for the public to be physically present during the hearings. Because your county attorney would represent you in any litigation, it’s important that you seek their advice on this important issue.
Read the case: https://www.ca5.uscourts.gov/opinions/pub/24/24-50135-CV0.pdf
TAC Mental Health Conference
The Texas Association of Counties would like to invite all justices of the peace to their upcoming Judicial Forum on Mental Health on January 9-10, 2025, in Austin.
To register, visit: www.county.org/jfmh
Justice Court Section Webinar: Debt Claim Cases – Defaults in Justice Court – A View from the Bench 12/6/2024
Join the Justice Court Section of the State Bar of Texas as Hon. Ralph D. Swearingin, Jr. and Daisy Espinoza present Debt Claim Cases – Defaults in Justice Court – A View from the Bench.
Friday, December 6, 2024 at noon
After registering, you will receive a confirmation email with a link to join the webinar.
Register: https://us06web.zoom.us/meeting/register/tZUtceigpjgpHtIrJeddTuKVH2PIek4LZDiM#/registration
Webinar: Chat with a Forensic Pathologist 12/11/2024
Dr Michael Baden is a renowned, 90 year old forensic pathologist who has been chief medical examiner for the city of New York, chairman of the house select committee on assassinations, investigated the assassination of John F Kennedy, the OJ Simpson murders, and many other well known cases.
Wednesday, December 11, 2024, at 4:00 pm.
Note: this event will be an in-person chat with the famous doctor, sponsored by AD Valor Technical Cleaning in Dublin OH. Click below to watch via Zoom.
Register: https://us06web.zoom.us/webinar/register/WN_ASz6mHutSvyyjQFBRFzGiA#/registration
TJCTC Webinar: Children in the Courts 12/17/2024
This webinar will explore juvenile diversions including potential issues related to language access, mental health concerns, and disabilities. This course satisfies the requirement of Government Code Sec. 22.1105.
Tuesday, December 17, 2024, at 2:00 pm.
Note: An extension of this course will also be offered as a general session at the 20-hr Conferences during this academic year.
Register: https://txstate.zoom.us/webinar/register/WN_BnXHlI0cRhaEuGveolXNBQ#/registration
Texas Law Help
Did you know that you can refer people to www.texaslawhelp.org when they have questions about how to complete a Statement of Inability to Pay for Court Costs?
There are several resources on their website, including a video for litigants to watch on how to fill out the forms.
Also note, they have a fillable version of the Statement on their website that is user-friendly.
Access other resources related to this week’s legal topic on their website: https://texaslawhelp.org/article/court-fees-and-fee-waivers
Do you have questions about this email or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.
Fight Impaired Driving with Personal Donations, Webinars, and More!
Here is an article that details how Mothers Against Drunk Driving (MADD) is expanding their network, including empowering individual giving, to help fight impaired driving.
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.
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
Register here: https://txstate.zoom.us/webinar/register/WN_pKyXSLvpTNOfqTLOBO-bmg
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
Register here: https://txstate.zoom.us/webinar/register/WN_ry3GYKTvQxylyA2Gif1tsA
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
Register here: https://txstate.zoom.us/webinar/register/WN_6niJjliOQTm_Js8V6Dmd7Q
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
Register here: https://txstate.zoom.us/webinar/register/WN_GGq1CY0NQQyUmpQkFR1ljQ
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!
Register here: https://txstate.zoom.us/webinar/register/WN_BDb729hcR3CPHMuLoClmyw
See full information about Inquest Week and other virtual programs on our website here: https://www.tjctc.org/onlinelearning/virtualprograms.html
TJCTC Updates 11.08.2024
Happy Friday!
We just have a few announcements and reminders this week.
Inquest Week
Our series of webinars focused on Inquests is coming up next week! Don’t miss your chance to sign up, as we have some special speakers that we don’t often get to see in person, including agents from Border Patrol, an expert on suicide deaths, and more.
Find the list of webinars and registration links here: https://www.tjctc.org/onlinelearning/virtualprograms.html
Registration Updates
As of this week, registration for all of our regular 10, 16, and 20 hour programs and most workshops is open. Make sure you sign up if you haven’t already!
Judges: https://www.tjctc.org/justices-of-the-peace/education-events.html
Court Personnel: https://www.tjctc.org/court-personnel/education-events.html
Constables: https://www.tjctc.org/civil-process/education-events.html
New Form
This month we added a new form, Protected Property Claim Hearing – Order. Judges should use this form when they make a decision on an Exempt/Protected Property Hearing. You can find the form under Enforcement of Civil Judgments under the Civil Procedure Forms tab on the TJCTC Forms Page.
We hope you have a great weekend!
– Thea & the TJCTC Team
TJCTC Updates 10.29.2024
Hello Everyone,
Wow! It is almost the end of October already. It has been a busy month at TJCTC getting ready for the next academic year and getting judges and court personnel registered for conferences and workshops. In this edition of TJCTC Updates, we have a few education opportunities for you as well as our Legal Question of the Month and other resources.
Board Question of the Month
Question: Does this new policy (below) mean I should do something different in eviction cases?
Answer: No. This document outlines limitations and policies that the Borrower/Landlord has to comply with based on the type of loan they received. If the Borrower/Landlord does not follow the policies, then there is a specific penalty outlined in the document. This isn’t something that the court needs to ask about during an eviction case.
Registration Updates
Registration has been going smoothly thanks to our Program Administration Team and Home Office Team. If you get a chance, tell Jessica, Darby, Laura, Jasmine, Jeff, Sonya, and Francisco how much you appreciate them!
While many programs are full, there are still some spots available in the following programs for judges & court personnel.
Judges
- Lubbock 20-hr Conference
- Austin 10-hr Conference (same week as JPCA Day at the Capitol)
- Baylor Criminal Trial Workshop
- Secrets of the Dead Workshop
- Impaired Driving Symposium
For more information about each program, visit: https://www.tjctc.org/justices-of-the-peace/education-events.html
Court Personnel
- Virtual Criminal
- Virtual Civil
- Rural Clerk Workshop
For more information about each program, visit: https://www.tjctc.org/court-personnel/education-events.html
Civil Process
- Registration for Civil Process will open next week.
For more information about next year’s programs, visit: https://www.tjctc.org/civil-process/education-events.html
Any elected constable who has not yet completed their 1415 TCOLE requirement for this training cycle will receive an early registration link from Laura Villarreal at lv13@txstate.edu by 10/29/2024.
Domestic Violence Awareness Month
Texas Advocacy Project Webinar: Power & Control: Going Beyond the Basics of Intimate Partner Violence
This training session will delve into the complexities of intimate partner violence, helping participants to recognize abusive tactics and identify high-risk indicators. We will also tackle common myths and misconceptions, shedding light on the barriers that make leaving an abusive relationship so challenging. Additionally, we’ll explore the impact trauma has on survivors and share empowering strategies to enhance their safety and support.
October 31 from 10 – 11 am
Registration Link: https://us02web.zoom.us/meeting/register/tZMudeGsqDMsGNW3wsOZlvu93AsKLhMbNC2s#/registration
National Center for State Courts Trending Topic
Remote Justice: Virtual Support for Domestic Violence
Technology has been associated with exacerbating safety concerns for many survivors of domestic violence. Abusers may violate privacy and security online to maintain control over their partners. However, technology has recently proven to be of benefit in the form of support system for survivors.
Read the full article here: https://www.linkedin.com/pulse/remote-justice-virtual-support-domestic-p6f2e/
Constable’s Corner: *NEW* Civil Process Proficiency Certification(CPPC) Exam Study Guide
If you are preparing to take the CPPC Exam, check out the new self-paced study guide with information about how to take the test and what information it will cover.
You can access the study guide on the TJCTC Self-Paced Module Page, here: https://www.tjctc.org/onlinelearning/selfpacedmodules.html
Happy Halloween! As always, we look forward to seeing you soon.
– Thea and the TJCTC Team
TxDOT and Law Enforcement Fighting Impaired Driving Together
This article describes how TxDOT and Texas law enforcement officers teamed up to fight impaired driving.