TJCTC Updates 6.12.2025

Training & Updates

We wanted to remind you again about some online training opportunities (at the end of this email), an in-person training opportunity in August, and provide a few updates.

We have also received several calls about legislative changes. If you missed it, our legislative update programs are open for registration! Sign up at www.tjctc.org/legislative.

TLSC Eviction Helpline Closing

The TLSC statewide Eviction Helpline, 855-270-7655, is closing on July 31, 2025 due to funding ending. Anyone who calls the Eviction Helpline after July will hear a voicemail stating the Helpline has closed and directing them to website TexasLawHelp.org for information on what limited legal aid remains available and otherwise how to represent themselves.

It has been brought to our attention that many courts have this information as well as old information about the Texas Eviction Diversion Program in their current eviction citations. Please make sure your court is using the most up-to-date forms and no longer includes this information.

Please refer those asking for legal information to our Self-Represented Litigants Page that includes updated links to resources like TexasLawHelp.org and the Texas State Law Library.

Upcoming Training Opportunity

This upcoming conference from Texas Health and Human Services and other partners is a great opportunity for justices of the peace, constables, and other county employees who work in the criminal justice system.

Impaired Driving Symposium (judges only)

This 8-Hour program will include a range of topics on impaired driving and will include JPs, District Judges, County Judges, and Municipal Judges. Join us from July 30-31 to work with all levels of the judiciary to make Texas roads safer!

This program is sponsored by a generous grant from the Texas Department of Transportation. That means, it is FREE! There is no registration fee and the program comes with 1 free night at the hotel.

Upcoming TJCTC Webinars

Justice for All: Navigating the Legal Landscape of Animal Cases in the Courtroom

July 18th from 1:00 – 3:00 pm

This webinar will address the role of the justice of the peace in animal cruelty cases, as well as other animal-related laws appearing before the court.

In doing so, it will touch upon dangerous dog cases, serious bodily injury cases, civil seizures, appellate process, and thinking outside the box when working with the parties for the greater good of the community.

Upcoming Inquest Webinar from Emergency Medical Services and Trauma Registries (EMSTR)

Data Quality Webinar

June 24th from 10:00 – 11:00 am CT

This session from the EMSTR Registry Operations Support Team will focus on the Traumatic Brain Injury (TBI), Spinal Cord Injury (SCI) and Submersion (drowning) programs. This training will cover program inclusion criteria and common questions that come up when reporting these case types.

The sessions will end with a brief Q&A component. Questions regarding the Acute Injury (Trauma Program) are also welcome for Registrars who fulfill both functions. Please register to receive an emailed invitation to join the meeting. Don’t hesitate to reach out ahead of time to injury.web@dshs.texas.gov with any questions or concerns!

Note: This is not a TJCTC webinar, but it is from a reputable source and judges can receive judicial education credit for attending and reporting their attendance to TJCTC.

Upcoming Inquest Webinar from Valor

From Crime Scene to Autopsy: An Insider’s Journey into Death Investigations

June 24th from 1:00 – 3:00 pm CT

Join Valor Technical Cleaning for a powerful, one-time-only forensic science webinar featuring two of the most influential voices in death investigations.

Dr. Michael Baden – World-renowned forensic pathologist, known for his work on the John F. Kennedy, Martin Luther King Jr., and Jeffrey Epstein cases.

Joseph J. Kolb, MA – Former death investigator with the New Mexico Office of the Medical Investigator, certified Diplomate of the American Board of Medicolegal Death Investigators, Executive Director of the Southwest Gang Information Center, instructor for the New Mexico Law Enforcement Academy and experienced criminal justice instructor.

In this exclusive discussion, these two experts will walk us through the real-life process of death investigations—from the scene to the autopsy room. You’ll gain rare insight into the intersection of field forensics and pathology, directly from the front lines of some of history’s most significant investigations.

Note: This is not a TJCTC webinar, but it is from a reputable source and judges can receive judicial education credit for attending and reporting their attendance to TJCTC.

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.

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 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

February 16, 2025

Updates 2.14.2025

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

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.

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/

December 5, 2024December 5, 2024

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.

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.

November 25, 2024

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.

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.

Webinar: Chat with a Forensic Pathologist 12/11/2024

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.

TJCTC Webinar: Children in the Courts 12/17/2024

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.

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.

November 14, 2024

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

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

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

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

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!

See full information about Inquest Week and other virtual programs on our website here: https://www.tjctc.org/onlinelearning/virtualprograms.html

November 8, 2024

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

October 17, 2024October 17, 2024

Inquest Week 2024

Hello Judges!

Inquest Week 2024 is November 11-15, and during that week we will have several webinars and will be sharing all kinds of inquest resources.

What kind of webinars can you expect? Webinar topics include: Missing Migrants, Death Investigations with the Texas State Anthropology Department, Tissue Recovery, Working with the Center for Human Identification at UNT, and more!

Visit our Virtual Programs Page for more information and to register.

https://www.tjctc.org/onlinelearning/virtualprograms.html

June 17, 2024June 17, 2024

TJCTC Updates 6.17.2024

TJCTC Updates Header Good Afternoon Judges, Constables, & Court Staff,

We hope that you are enjoying your summer so far. We decided to keep this update short, with only our Legal Question of the Month and information about the new protective order forms.

Legal Question of the Month

Our court has received a public information act request stating as follows:

1. The number of death investigations performed in your precinct by either a Texas Justice of the Peace or a death investigator employed or contracted by your county.

2. The number of all death investigations performed by a Texas Justice of the Peace, or a death investigator employed or contracted by your county referred to a medical examiner or a medical doctor for an autopsy.

3. Records of all death investigations conducted by a Texas Justice of the Peace or a death investigator employed or contracted by your county where an amending certificate – also known as a “medical amendment” – was filed with the appropriate Local Registrar or State Registrar to complete or correct a death certificate.

The information requested regarding the amending certificate includes but is not limited to the name of the Texas Justice of the Peace or death investigator employed or contracted by your county, the initial and final dates and outcome of the death investigation, records of the death investigation, autopsy report if available, records of the medical amendment filed, and if applicable any court records from lawsuits.

If required, I accept the redaction of exempt information in accordance with the TPIA. As this is a matter of public interest, I request a waiver of fees associated with this request. Additionally, if any of the requested information requires an opinion from the Office of the Attorney General, I request notification prior to sending to OAG in order to possibly amend this request to prevent a delay in receiving responsive information. Thank you.

The requestor is not providing specific decedent’s names. What is the court to do with this request?

Answer:

TJCTC is aware of a public records request that has been sent to many justices of the peace across the state requesting detailed inquest records. The request cites the Public Information Act, which does not apply to records held by the judiciary, but it still qualifies as a request for court case records under Texas law.

Requests for court case records are governed by common law, and these records are generally open to the public and must be made available. The process for turning these records over, redacting information, or claiming an exception to releasing the records is described in the Recordkeeping and Reporting Deskbook on P. 26-35, as well as the OCA Records Requests Flowchart for Court Case Records, available on P. 36 of that Deskbook and our Charts and Checklists page (https://www.tjctc.org/tjctc-resources/charts-and-checklists.html).

We suggest that you also notify your county attorney of this request if you would like assistance with determining if you should redact information or claim an exception to releasing the records.

As far as not naming the specific decedent, there is no requirement that a records request include that information. You should handle this request as you would any other.

Office of Court Administration Protective Order Forms Released

The 88th Texas Legislature passed Senate Bill 48 which required the Office of Court Administration (OCA) to create standardized forms for the application and issuance of protective orders. This includes Magistrate’s Orders of Emergency Protection, often entered by justices of the peace during magistration.

You can access the forms at the Texas Courts website: https://www.txcourts.gov/rules-forms/standardized-protective-order-forms/

Note, the forms on the TJCTC website will be updated to include these forms by the end of this week.

As always, we look forward to seeing you at the next education event you attend!

-Thea & the TJCTC Team

April 17, 2024April 25, 2024

TJCTC Updates 4.17.2024

Judges, Constables, Deputies, and Court Staff,

We hope your April is going well. It has been nice seeing all of the beautiful wildflowers blooming as we drive to programs! In this edition of updates we have an updated sample confidentiality policy for you to use with your offices, Stress Awareness Month resources, a recent Attorney General Opinion, and more. Don’t forget to scroll all the way down!

Confidentiality Policy Requirement Goes Into Effect May 1 – TJCTC Sample Policy

In February, as required by the Texas Legislature during the 2023 session, the Texas Supreme Court modified Rule of Judicial Administration 7.1 to require all courts, including justice courts, to implement a confidentiality policy. The policy must be provided to existing employees at least biannually, and all new employees must be trained on the policy before performing any substantive work.

Courts must implement this policy no later than May 1, 2024. Download TJCTC’s sample policy.

Read the Rules of Judicial Administration.

Attorney General Opinion KP-0426

Re: Whether a constable may simultaneously serve as a municipal court judge (RQ-0517-KP)

Summary

Constitution and conflicting-loyalties incompatibility preclude a municipal judge from simultaneous serving as a constable.

Stress Awareness Month

We know that your jobs are stressful. Click the photo below to see resources we have compiled to help you reduce your stress and promote wellness in your offices.

Stress Awareness Month

National Center for State Courts Explainer Video Series

Presented in English and Spanish, this new access to justice explainer video library offers eight short videos that courts nationwide can use to assist the public:

Understanding Court Help: Legal Advice vs. Legal Information
Navigating the Court System Without a Lawyer
Legal Language 101: Understanding Key Terms in Court Cases
Understanding Small Claims Court: A Simplified Guide
Demystifying Legal Procedures: What Does it Mean to File a Motion
Understanding the Difference Between Civil and Criminal Cases
Understanding Court Papers: What to Do After Being Served
Decoding Court Jargon: Understanding Common Procedural Terms

Check the videos out on the NCSC Website.

Coroner Talk Podcast

At a recent program, Judge Woolley suggested a podcast he enjoys on the topic of inquests. We thought some other judges may be interested. It’s presented by Darren Drake, the elected coroner for the county in Missouri in which he resides. You can find the podcast on YouTube, https://coronertalk.com/, or wherever you get your podcasts.

We hope that these resources are helpful, and we look forward to seeing you at a program soon!

Thea and the TJCTC Team