clearing your 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

February 27, 2025February 27, 2025

Updates 2.27.2025

March is Upon Us!

As we finish out these last few days of February, we have several resources to share related to inquests, and some reminders about upcoming webinars and other programs.

Bulletin for Judges Conducting Inquests: Measles Outbreak

The Texas Department of State Health Services (DSHS) reports the first measles-related death in the ongoing outbreak affecting the South Plains and Panhandle regions. As of February 25, 2025, 124 confirmed cases have been reported since late January, with most occurring in children. Eighteen people have been hospitalized due to complications from the virus. For a detailed breakdown of cases by county, please refer to the DSHS update: Texas Health Services

Under Texas law, a “communicable disease” is defined as an illness transmitted from an infected person, animal, or environmental source. Health & Safety Code § 81.003. If an inquest suggests that a death may be related to a communicable disease, judges are required to report it immediately to the local health authority or the Texas Department of Health. Health & Safety Code § 81.045(c).

Key Indicators of Measles in Cause of Death Investigations
Measles is highly contagious and spreads through direct contact with infectious droplets or airborne transmission when an infected person breathes, coughs, or sneezes. Symptoms typically appear 7-14 days after exposure, beginning with high fever, cough, runny nose, and red, watery eyes. A few days later, a red rash develops, starting on the face and spreading to the rest of the body. Infected individuals are contagious from about four days before the rash appears to four days after. If signs of measles are suspected in an inquest, immediate reporting and further investigation are necessary.

TJCTC is closely monitoring updates from DSHS and will keep you informed as they are provided.

Constable Corner

Webinar from Police One: Unlocking grant opportunities: Funding the future of public safety technology

Tuesday, March 11, at 1 p.m.

Learn how to maximize resources and address critical challenges, including crime scene documentation, crash reconstruction and pre-incident planning.

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

Link to register: https://www.police1.com/webinar-unlocking-grant-opportunities-funding-the-future-of-public-safety-technology?utm_source=delivra&utm_medium=email&utm_campaign=114071_FaroTech_P1_FullList_2979_24359.2_2-17-25&utm_id=8516488&dlv-emuid=340227d6-c376-43c9-955f-d7ee1ed0497d&dlv-mlid=8516488

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.

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

Upcoming TJCTC Webinars

Restorative Justice Pathways for Juvenile Offenses

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!

Link to register: 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 here: https://docket.wp.txstate.edu/2025/01/22/law-literature/

Link to register: 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

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

Heart Health Awareness Month

This month is Heart Health Awareness Month. From learning and teaching about inquests, we know that poor heart health often contributes to cause of death. Here are a few facts about heart health to think about for yourself and share with families when a person passes away as a result of heart disease.

Heart disease is very common. In the United States, heart disease is the leading cause of death for men, women, and people of most racial and ethnic groups. In 2022, 1 in every 5 deaths in the United States was caused by heart disease.

High blood pressure is a leading cause of heart disease. Nearly half of U.S. adults have high blood pressure, which puts them at risk for heart disease and stroke. And just 1 in 4 people with high blood pressure has it under control.

Heart disease is costly. The cost of health care services, medications, and lost productivity from heart disease amounted to $252.2 billion between 2019 and 2020.

More information and resources can be found on the CDC website: https://www.cdc.gov/heart-disease/php/heart-month/index.html#cdc_generic_section_2-shareable-and-printable-tools-in-english-and-spanish