Tag: language access

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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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TJCTC Updates 11.15.2024

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Hello!

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).

Did you know we have a module full of information about Interpreters & Spanish Legal Terminology? You can access it on our Self-Paced Module Page – https://www.tjctc.org/onlinelearning/selfpacedmodules.html.

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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TJCTC Updates 2.23.2024

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Good Afternoon Judges, Constables, & Court Staff,

With February coming to a close, we wanted to share some more resources, updates, and especially some legal updates with you. 

​Updates from Legal

Warrant Teletypes

Can a judge magistrate on the teletype of a warrant, or do they need an actual copy of the warrant?

You are not legally prohibited from magistrating on a teletype when you do not have a copy of the warrant, but it is definitely a best practice to have the warrant. Teletypes can sometimes have incorrect information or not have enough detail, which can then result in errors in setting bail. Here are some examples of potential problems:

  • You might not know if the warrant has been issued by the trial court judge (which would mean you are prohibited from making a bail decision) or by a magistrate (in which case you are required to make a bail decision), and this also impacts how the bail form is filled out in the PSRS.
  • If the teletype says, “no bail,” it is not always clear if it is saying no bail is allowed or just that there is not a recommended dollar amount.
  • Without the details from the warrant, you will often not have enough information about the circumstances under which the offense was committed, which is one of the factors that must be considered when determining bail.

These are just three examples; other problems could arise as well. So while it is not technically required, TJCTC recommends having a copy of the warrant to ensure that you make a good bail decision.

Texas Supreme Court Finalizes Updates for Rule of Judicial Administration 7

Earlier this week, the Texas Supreme Court published their final updates to the Rules of Judicial Administration regarding confidentiality policies.  The new Rule 7.1 requires all courts (including justice courts) to develop a confidentiality policy and rules for training and distributing the policy to court staff. They also helpfully included their own policy which may be used as a model for other courts.

Upcoming Webinars

TAA Lease Update for 2024, hosted by TJCTC (1 civil hr.)

February 23rd from 10:00 – 11:00 a.m. TODAY!!!

Join TAA for a review of the latest version of its lease! This class will allow courts to fully understand the terms of the most commonly-used lease in eviction and other landlord-tenant disputes.

Registration link: https://txstate.zoom.us/webinar/register/WN_a5eSTV1pSg2vrIosPqOScA#/registration

Implementing SB4: Magistrate’s Order to Return, hosted by TJCTC

Feb 29th from 2 – 3:00 p.m.

Instructor: Bronson Tucker

This webinar will cover SB 4, taking effect on March 4th, which allows magistrates processing defendants charged with Illegal Entry into Texas to issue orders for the defendant to leave the United States. It is critical that magistrates follow the law precisely to avoid liability, and these issues will be covered in this critical course.

Registration: https://txstate.zoom.us/webinar/register/WN_3oUM3-19S4C40lTAYHqSRA

Impaired Driving Behavioral Interventions Around the Globe, hosted by The Impaired Driving Behavioral Interventions Interest Group

March 13 at 9:00 am Central Time

This webinar will highlight current evidence based impaired driving behavioral interventions conducted in Iran, Brazil, Canada, and the United States. An interactive panel will follow these presentations including:

  • How best practices and effective interventions can be implemented across the globe.
  • Where are the challenges to implement these strategies?
  • What does research tell us about the effectiveness of pre-trial/pre-sentence interventions for the impaired driver population?
  • Where are the gaps in training and education for these countermeasures?
  • What impaired driving technologies can help with implementation of interventions?

Registration: https://us06web.zoom.us/webinar/register/WN_M1A93de1SOa9Nz1lIEmTzQ#/registration

​National Center for State Court Updates

NCSC Releases New Guide to Mental Health Diversion

This guide is intended to serve as a resource framework for courts and judges to use to promote and implement diversion strategies for individuals with behavioral health needs in their communities. Ideally, judges would collaborate with a range of system stakeholders to examine the entire diversion continuum but could also focus on one step of the process at a time. This guide focuses on jail diversion systems, post arrest, and pre plea. NCSC also hosted a Mental Health Diversion webinar in December 2023 on “Lessons from the Field.”

Download from the NCSC website.

NCSC Inclusive Language Resources

NCSC updated the Gender Inclusive Language Toolkit to reflect the best practices learned since initially releasing it over a year ago. It has a fresh look and light restructuring, but the message is the same. Check it out!
Also, here is a sample benchcard for quick tips and best practices that you can download. While the bench card is primarily directed to judges, the guidance in it is applicable to all professionals in the legal field.
Finally, if you have not yet watched the Tiny Chat or webinar on the topic, they are great quick references.

​Updates from the Judicial Commission on Mental Health (JCMH)

JCMH routinely sends out updates including resources and training that is helpful for justice courts. If you would like to get these updates, subscribe to their email list.

​Update on Legal Calls

We have had a large number of calls finding their way into the wrong voicemail inboxes. Remember, please dial 512-347-9927 and press “1” for legal calls. If you don’t, the voicemails end up with our program staff who also have a high call volume. Often times your legal call messages end up lost in their inboxes and don’t get transferred to the legal team for several days.

As always, we are looking forward to seeing you at a program in the upcoming months. We have a very busy Spring full of education events for you lined up from TJCTC!

Thea & the TJCTC Team

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TJCTC Updates 12.13.2023

Good Afternoon Judges, Constables, & Court Staff,

It has been a minute since we last shared information with you, so make sure you read all the way to the bottom of this email (especially if you are confused or have questions about our new “database” or registration system and student profiles).

 

TJCTC Holiday Hours & Legal Calls

The TJCTC Office will have limited staff available or be closed for two weeks over the holiday break, from December 18-January 2.

We will not be taking legal calls during the period from December 18 – January 2. We apologize for any inconvenience! In order to continue providing assistance to our clientele during this period, we will still be answering board questions during this time frame. Please allow up to 5 days for answers to be posted.

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OCA Court Security Incident Reporting

The Office of Court Administration is transitioning over to a new platform for reporting and recording Court Security Incidents. Beginning December 6th, OCA will be using a new form to record all security incidents related to the court, judges, judicial staff, and clerks.

Please use the following link to continue reporting Court Security Incidents:

Court Security Incident Report

As of 5:00 PM CST on 12/6/2023, the old reporting form will no longer be active.

If you have any questions, please reach out to Hector Gomez or Nicholas Barsetti at Courtsecurity@txcourts.gov. Or visit the Court Security Website.

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Did you know that December is Learn a Foreign Language Month?

Take a look at the language access and foreign language resources that TJCTC has pulled together by clicking below!

Learn a Foreign Language Month

 

Updated Resources

You may have already noticed, but most of the updated Deskbooks are posted. Please be patient while we finish the last few updates and work diligently to update the forms, charts, checklists, and other resources.

*New* Juvenile Criminal Diversions Webinar/Recording for Credit

This webinar was posted as a recording for credit. You can also find the handouts and the questions asked and answered from the webinar to download on the TJCTC Recordings for Credit Page. Note, we will be releasing more juvenile criminal diversion resources including forms and a new deskbook chapter soon.

*Updated* Family Violence and Other Criminal History Reporting for Justice Courts

This module now includes legislative updates and updated procedures for CJIS reporting. Remember, even if you have previously taken this course in a prior academic year, you may receive credit again for the FY24 year.

*New* Interpreters & Spanish Terminology Self-Paced Module

This module covers legal issues related to interpreters, including help for appointing interpreters, a Spanish/English legal glossary, and more! Judges and court staff can get 3 hours of credit for completing the module. Constables and their staff may also find this module to be a good resource when dealing with persons with limited English proficiency or language skills.

Both modules can be found on the TJCTC Self-Paced Modules Page.

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National Center for State Courts Webinar on Mental Health Diversion

This popular webinar was posted as a recording for credit. You can watch it at the NCSC website.

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Database and Website Help

Are you confused? Don’t worry, some of us at TJCTC are too! Here are a few FAQs and a video to hopefully help you out.

FAQs:

  1. Did TJCTC get a new website? No. The website is still www.tjctc.org.
  2. Did the Deskbooks and forms move? No. You can still find them under the Legal Resources tab at www.tjctc.org.
  3. How do I get to the legal board? You can access the legal board by logging into your new database account (with your email address, just like when you registered for a seminar this year). You can also use the old links on the legal board page (under the Legal Resources tab) that have been redirected to the new location.

Click the links below to watch videos about our website resources and new database.

TJCTC Website Resources

Using the new TJCTC Database

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Happy Holidays!

Thea & the TJCTC Team

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