Tag: inability to pay

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Updates 2.14.2025

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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

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!

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.

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!

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/

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TJCTC Updates 1.6.2025

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Happy New Year!

Welcome back to the office (hopefully you all had at least a little well-needed time off this holiday season)!

We wanted to kick this year off right with some resources and updates. 

Countdown to the New Year: 10 Ways to Ring in Your Mental Health

As we start a new year, judges, court staff, and law enforcement are often faced with hard cases and burnout, making some of those resolutions to take care of your health even harder!

Take a look at this article from Mental Health First Aid about how to look after your mental health and that of your friends, family, and co-workers this season.

Clerk Testing Goes Live Tomorrow!

It’s time! Exam registration opens tomorrow at 8 am.

To register for the exam just head to our exam website and click on “1. Register to take the exam online” then click the link for the appropriate exam.

This will take you to log into your TJCTC account and then you register like you would for one of our conferences.

To take the Master exam you must already be level one certified (you only need to have passed one of the level one exams).

Registration closes on January 16. The exams will open on January 17th and close on February 14th. For questions contact Darby Swoboda at d_s520@txstate.edu. 

Continued Guidance on Magistration in Open Court

TJCTC has continued to receive questions on the ruling in Texas Tribune v. Caldwell County case from the Fifth Circuit Court of Appeals. 

There have been concerns about not having enough time to implement procedures to make magistration hearings open. Unfortunately, this is just the nature of how court rulings can impact local procedures. Going forward, magistration proceedings must be open.  

Please continue to work with your local partners – county/district attorneys, sheriff, and jail staff to ensure that your magistration proceedings are open. You can read more about the case in an earlier post on The Docket.  

Read more from other groups here: Texas Commission on Jail Standards and Texas District and County Attorney’s Association.

NCSC Self-Represented Litigants:

The National Center for State Courts (NCSC) has compiled a page of resources for courts to use when assisting self-represented litigants (SRLs), including some very helpful videos that you can share on your website or in the courtroom!

Access the Resources Page: https://www.ncsc.org/consulting-and-research/areas-of-expertise/access-to-justice/self-represented-litigants

Access the Videos: https://www.ncsc.org/consulting-and-research/areas-of-expertise/access-to-justice/a2j-videos

Substance Use Disorder Treatment Month

In January, the Center for Substance Abuse Treatment at the Substance Abuse and Mental Health Services Administration (SAMHSA) will be kicking off the first national Substance Use Disorder Treatment Month – a time to raise awareness of the benefits and availability of evidence-based treatments for people with a substance use disorder.

So, check out our their Treatment Month Toolkit, and keep your eyes on all of SAMHSA’s social media platforms. There you’ll find our tips, resources and even webinars to help people learn more about what substance use disorder is and how it can be effectively treated.

Poverty Awareness Month

Every January is National Poverty Awareness Month. 

This is a great time to think about access to justice issues in your courts and communities, because they are often related to poverty.

Some resources to review are:

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Posted on

TJCTC Updates 11.22.2024

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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.

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