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,
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.
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!
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.
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.
As January is upon us, we wanted to make sure that you have all of the resources related to Juvenile Diversions in one place. Remember, the new Juvenile Diversion Programs must be up and running by January 1, 2025, including courts providing public access to their Juvenile/Youth Diversion Plans.
You may have already taken a course at a 20-hr program, one of our webinars, or completed the self-paced module and have seen many of these resources before, but note that there are additional resources compiled here.
You will also find an FAQ below with some common questions.
TJCTC Resources
You can access many resources related to Juvenile Diversion on TJCTC’s website (https://www.tjctc.org/).
We receive some questions often, and wanted to include them as a reference guide.
Fees:
Can you clarify or help me find where in the statute it states courts have to pay for any outside program assigned during the youth diversion program. CCP Art. 45.312 states there can’t be a fee assessed by the courts other than the $50 fee, but not for any outside program referred to such as drug/alcohol class etc. There are many interpretations made by different courts and would like clarification or your perspective.
From P. 86 of the Juvenile Deskbook: The court may collect from a child’s parent (not the child) a $50 Local Youth Diversion Administrative Fee to defray the costs of the diversion, but only if the fee is an accepted term in the diversion agreement. Code of Criminal Procedure Art. 45.312(a), (b). Diversion may not be made contingent on payment of a fee. Code of Criminal Procedure Art. 45.312(i). No other costs or fees may be assessed for a diversion. Code of Criminal Procedure Art. 45.312(h).
Since no other fees may be assessed or required, TJCTC believes that a child cannot be forced to pay for a program as part of a diversion. Options include the court/county using the fund created from the $50 administrative fee, Local Youth Diversion Fund, County Juvenile Delinquency Prevention Fund, or other general court funds to cover the costs of programs and/or entering into agreements with service providers for the programs to be made available to diverted children without cost. (Note, these specific Funds are discussed in the next FAQ).
Juvenile Case Managers and Funding:
What funding sources are available to help pay the salary or a Juvenile Case Manager/Youth Diversion Coordinator or supplement the salary of a court clerk who will serve in the role part time?
There are several funds related to Juvenile Diversions and pay for Juvenile Case Managers (JCM) and Youth Diversion Coordinators (YDC). First, it is important that while in practice these position titles are hard to distinguish, many of the statutes do only apply to one or the other.
A court can designate a YDC, but only a Commissioners Court can designate a JCM.
First, we have the Administrative $50 fee under CCP Art. 45.312(a) that is the only fee assessed in a Juvenile Diversion. The purpose of this money is “to offset the costs of diversion” and it should be placed in an “account to offset the costs of diversion.” Note, the statute does not require this money to be put in one of the other funds that we discuss later. We believe these funds can be used to fund both the salary of a full-time JCM or YDC and as a supplement to a clerk, but since it isn’t collected until a diversion case comes in, it might be difficult to use this year for this purpose from an accounting perspective.
Local Youth Diversion Fund (Local Government Code [LGC] 134.156) - this fund is funded by $5 from the Local Consolidated Cost charged as part of court costs. See LGC 134.103. This fund can be used for the salary and benefits of a full-time JCM, but “money in the fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.” This means that in a county where there a JCM is spending their majority of the time on Juvenile Diversions and Truancy, then their salary could be funded by this fund. This fund won’t be available for a supplement for a JCM or YDC who primarily serves as a clerk. If a court doesn’t have a JCM, but does designate a YDC, they cannot use the Local Youth Diversion Fund to fund that position, even if that person does mostly juvenile work.
County Juvenile Delinquency Prevention Fund (CCP Art. 102.0171) – This fund is funded by $50 from Graffiti offenses after Jan. 1, 2025, and can be used to “providing funding for youth diversion.” This funding could be used to fund JCMs or YDC, but because justice courts do not start contributing this fee to this fund until 2025, there may or may not be adequate funds for this purpose.
The Justice Court Assistance and Technology Fund (CCP Art. 102.0173) – One of the allowable uses of this fund is “education, benefits, and salaries for court personnel.” This fund can absolutely be used to fund the salary of a JCM or YDC employed by the court or to supplement a court clerk’s salary who will serve as a JCM or YDC.
Local Government Code 133.125(c) also allows for counties to apply for funds from the Governor, ” A local governmental entity may request funds from the criminal justice division of the governor’s office for providing youth diversion services. The division may award the requested funds based on the availability of appropriated funds and subject to the application procedure and eligibility requirements specified by division rule.” These funds could be used for the salary or supplemental salary of a person serving as a JCM or YDC.
Expunction of Records:
When does expunction of records happen in Juvenile Diversions?
If the child is placed on diversion, then all records of the diversion must be expunged without the requirement of a motion or request, on the child’s 18th birthday pursuant to CCP Art. 45.313, whether or not the juvenile is successful. When a case is expunged, all records must be destroyed, and the existence of the case cannot be made known to anyone for any reason. For more information about juvenile diversion, please see Ch. 3A of TJCTC’s Juvenile Deskbook.
Note, criminal charges filed, even if dismissed, would not be expunged automatically under this statute (but may be expunged under other statutes depending on the situation).
Tracking Cases:
We are trying to find a good way to track our cases that will be referred to the Juvenile Diversion Program. If we enter these cases in our case management system (Odyssey) and mark them as “sealed” or “locked” records, would that be sufficient to comply with the statute? I understand that they cannot remain “active cases”, but that way we would still have a way of keeping track of those individuals.
Using a different case type or something like you have described makes sense. We do not see any major issues with this, as long as the records are handled appropriately under the statute if the juvenile completes the juvenile diversion successfully.
Remember, diversion cases should only be tracked for the purpose of accounting, for statistical records of diversion strategies, and ultimately reporting successful diversions. They will be confidential and are not actually pending criminal cases (and if they were filed, should be dismissed) while the juvenile is in the diversion process.
Minor Alcohol Cases & Diversion:
What about MIC, MIP, and DUI?
Remember, for the purposes of juvenile diversions, we are only talking about juveniles under the age of 17, minors aged 17-21 will not be eligible for this diversion, and will be handled according to standard procedures.
Starting January 1, 2025, juvenile diversions are available to all offenses in justice court that are not traffic offenses. The crimes of minor in possession and minor in consumption are not traffic offenses. Therefore, an eligible child would be entitled to diversion for these alleged offenses.
Our position is that Driving Under the Influence (DUI) [not Driving While Intoxicated – that is a higher-level case handled in other courts] is not a traffic offense either and would be entitled to diversion.
Absent an express definition, words and phrases take on their normal meanings. Ultimately, it will be up to the court to decide if they believe that DUI falls into the category of “traffic offenses” or not, as there is no explicit definition.
This is one way to think about what “traffic offenses” means. Imagine that a teenager wanted to intern in your court. You asked her whether she’s had any legal trouble besides traffic offenses. If she had been caught driving under the influence, would she be lying if she had said “no?” We think she would be. That’s why we think DUI is not a traffic offense and should be subject to diversion. Additionally, while it doesn’t apply specifically to juvenile diversions, the only definition of “traffic offenses” involves offenses in certain sections of the Transportation Code, and DUI by a Minor is in the Alcoholic Beverages Code.
Intermediate Diversion Outcomes:
What happens if a juvenile is on an intermediate diversion (handled by the Juvenile Case Manager/Youth Diversion Coordinator)?
If the child successfully complies with the agreement, the case shall be closed and reported as a successful diversion to the court. Code of Criminal Procedure Art. 45.309(c). If the child fails to comply, the child is referred for a non-adversarial hearing before the court. At this hearing, the court may hear from any person the court finds helpful in determining the best path forward, considering the best interests of the child and long-term safety of the community. Code of Criminal Procedure Art. 45.311(a),(b). If the court determines that the diversion was unsuccessful, the case may be referred to the prosecutor for a possible criminal filing or sent to the Juvenile Court.
More information about these hearings can be found on pages 85-86 of the Juvenile Deskbook.
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.
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 Deskbookdiscusses these issues in detail!
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.
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.
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.
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.
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).
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.
Happy almost Labor Day Weekend. We have a few training opportunities to share, and a newJuvenile Criminal Diversion Plan Checklist to help you with the plans due in January.
Juvenile Criminal Diversion Plans
Have you started working on plans for your court’s juvenile criminal diversion plan as required by the last legislative session? If not, that’s okay! We have some resources available to help you, including a new checklist. We will also be discussing these plans at all of this year’s Justice of the Peace and Experienced Court Personnel Conferences.
In addition to our resources, the Texas Municipal Courts Education Center (TMCEC) also has resources available on this topic. https://www.tmcec.com/youth-diversion/
Back To School: Legal Advice vs. Legal Information – A Court Staff Essential
Sep 4, 2024, at 02:00 PM
Unsure about the difference between legal information and legal advice? You’re not alone! This session will hit the important highlights to help you confidently navigate this important issue when interacting with the public. Use this training to enhance or develop resources and guidance for your court or community.
Who Should Attend?
Courtroom Clerks
Probation Officers
Self-Help Center Staff
Court Navigators
Anyone who interacts with the public on legal matters
National Alliance to Stop Impaired Driving (NASID) Conference
NASID is excited to bring together national experts in impaired driving as we examine the whole DUI system through engaging presentations and interactive discussions. These discussions will include gaps and challenges to impaired driving data, attention to trends in drugs and other substances, detection methods including needed chemical testing protocol enhancements, DUI enforcement, prosecuting the drugged driver, mental health and impaired driving, and existing and emerging technology through screening and assessment.
The NASID Conference will be a great place for networking opportunities for attendees across the traffic safety field to help eliminate impaired driving. We have multiple networking breaks planned throughout the conference and a networking reception on the first night.
November 18, 2024 – November 20, 2024
Renaissance Arlington Capital View Hotel 2800 South Potomac Avenue Arlington, VA 22202
Government employee and Not for Profit (NPO) registration is $350, other attendee registration is $500.
You can register now and use the purchase order option for later payment.
