debt claim – The Docket

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.

Hello Judges, Constables, and Court Staff,

We have several important updates for you, including some recent caselaw updates. Please make sure you read the full email.

SB 4 Update

There have been a few more rulings on SB 4, but the current state of the law is still that S.B. 4 is not in effect. We will keep you updated if anything changes.

In the meantime, TJCTC resources have been updated to reflect the impact of SB 4 on justice courts in the event that it goes into effect.

The Magistration Deskbook has been updated. See page 60-61 for updates related to SB 4.

U.S. Supreme Court Issues Opinion Related to Social Media and Liability for Public Officials

You may need to talk to your county attorney about what steps you need to take to ensure that your private social media accounts don’t open you up to potential liability.

In Lindke v. Freed, the U.S. Supreme Court unanimously held that a public servant who:

had actual authority to speak on behalf of the State on a particular matter, and
purported to exercise that authority

could open themselves to potential liability if they block people from seeing their posts from their private accounts on social media.

The example they give is a mayor officially announcing on his personal Facebook page that he is using his authority under a local ordinance to suspend enforcement of certain parking rules. If that were the case, the mayor would be unable to block citizens from access to his personal Facebook page.

The Court gives an example that might be worth following:

Had official’s account carried a label (example: “this is the personal page of [insert official’s name]”) or a disclaimer (example: “the views expressed are strictly my own”), the official would be entitled to a heavy (though not irrebuttable) presumption that all of the posts on their page were personal and not in their official capacity.

It’s probably time to edit your personal pages to make sure that this language is there.

The Court also states “an official who uses his staff to make a post will be hard pressed to deny that he was conducting government business.”

It is a best practice to keep your personal social media accounts and official social media accounts separate and not ask any employees to post or maintain your personal accounts.

The Court is very clear that a public official can have private speech and can limit who receives that private speech. There are going to be “hard-to-classify cases,” so you will need to talk to your county attorney about any advice or policies they may put into practice in your county.

Texas Court of Criminal Appeals (CCA) Rules that Refusal of Consent to Search NOT an Indication of Criminal Activity

Lall v. State is a straightforward opinion from the CCA that holds that a defendant’s lawful refusal to consent to a search cannot be considered in making a determination of probable cause or reasonable suspicion. This decision is consistent with how courts have treated a defendant’s assertion of other constitutional rights, like when a person invokes their Fifth Amendment right to remain silent as not being admissible as evidence of guilt.

State Bar Justice Court Section Webinar

The State of Debt Collection in Justice Courts, 1 hr

According to a 2018 Federal Reserve report, there were 59.5 Billion debit or credit card swipes a year in the United States. That boils down to 165 million swipes/day; approximately 15% of which occur in Texas (25 million/day; 1.8 million/hour; 30,000/minute; 500/sec). That’s a lot of plastic. Since then, things have only increased. This course will look at trends in the consumer debt arena both in terms of activity and evolving debt types and will review how these claims ultimately arrive and are presented to the courts. Topics will include digital documentation and an orientation to “fin-tech” debt.

Additionally, with increased activity comes increased scrutiny. This course will explore both the operational focus of the Consumer Financial Protection Bureau and the current regulatory environment, including the Fair Debt Practices Act and the more recently enacted Reg. F. Included will be a discussion of the Model Validation Notice, the limitations on contact activity and methods of communication, as well as the opportunities presented by the utilization of digital platforms.

Speaker: Michael Scott

April 12, 2024 at 12:00 PM CDT

Zoom Registration: https://us06web.zoom.us/meeting/register/tZEkfuGrrTIpEtNHsq828Gj7GumB9calOPk0%20#/registration

NCSC Webinars and Programs

Tiny Chats

Do you watch the NCSC Tiny Chats? They are short videos on topics related to court procedures and increasing fairness and confidence in the courts. The most recent Tiny Chat is about chat bots and how they can be helpful to court websites. Also, NCSC is partnering with Law Droid to build a lucky court a chat bot for free.

Highlights in Fines and Fees Reform

Later this week, watch our own Texas Supreme Court Chief Justice, Nathan Hecht, as he moderates a discussion about how several states are updating how they handle fines and fees.

Registration Link: https://ncsc-org.zoom.us/webinar/register/WN_YV04G9GPRdu8EAOOo9hkMg?utm_campaign=486477_Whats%20on%20April%201%202024&utm_medium=email&utm_source=dotdigital&dm_i=7L57,AFD9,4VW08I,1IB0V,1#/registration

April is Retiring

Our wonderful Office Coordinator April Williams is retiring at the end of April. If you have any well-wishes you would like to pass along, please email Jessica at jessforeman@txstate.edu.

We hope the month of April is kicking off to a great start in your courts and offices!

Thea & the TJCTC Team

Tag: debt claim

TJCTC Updates 12.5.2024