TJCTC Updates 8.9.2024

Hello Everyone

We are cruising right into back-to-school season! Did you know that August is National Wellness Month? What a perfect way to start out our new education year and get back into the swing of things! This edition of TJCTC updates includes our Legal Question of the Month, and some online training opportunities, as well as a few very important announcements about updated online training.

Judicial Education Hours Due August 31st

JP judicial education hours are due August 31st. Visit our Justice of the Peace overview page for requirements: https://www.tjctc.org/justices-of-the-peace.html

To find out how many hours you have completed, log-in to your student account and view your transcript. Attached is a pdf guide showing you how to access your transcript.

Summer Clerk Testing

Registration opened July 24^th for the Summer round of clerk testing. TJCTC will accept registrations from July 24^th to August 14^th. If you register during that period, you can take the exam between August 1^st and August 30^th. Visit our clerk certification page for more information: https://www.tjctc.org/court-personnel/clerk-certification-program.html

Wellness Month

Take some time this August to check-in with yourself, co-workers, family, and friends to make sure everyone is practicing good wellness habits. Here is an article from WebMD with some great tips: https://www.webmdhealthservices.com/blog/august-is-national-wellness-month-lets-make-well-being-a-priority-all-year-long/.

Illustrative Mental Wellness Tips Infographic

Legal Question of the Month

What the heck is going on with juvenile diversions? We have gotten many questions lately about preparing for the new juvenile diversion programs required by House Bill 3186. While we do not have a recommended plan, we do have many resources available to courts in drafting their plans.

Every Justice Court is required to have a diversion plan available for public inspection on January 1, 2025.Because the legislature gave the courts wide latitude over how a plan is going to be run (because each of the 254 counties is very different), TJCTC can’t really say one option is preferable to another for every single justice court. However, each court needs to go through a similar process to draft their plan.

Step 1. Gather Data

How many juvenile cases does your court handle on average?
What resources do you have available to your court?
What are other courts in your area doing? Could you collaborate?

Step 2. Draft Plan

Questions we think should be answered by your diversion plan:

Are you going to use your own plan, or are you going to team up with other courts in your municipality, county or region?
Who is going to act as your youth diversion coordinator?
When will diversion be offered: (1) prior to court involvement (i.e. “intermediate diversion,” in which case the charge will not be filed unless diversion is unsuccessful), (2) diversion by court (in which case the charge will be dismissed after the child signs the diversion agreement), or (3) both?
What nonexclusive list of services can be included in the plan?
How is the diversion plan going to be monitored?

Note, this list of questions is not exhaustive, but just covers the basics.

Look for more resources for drafting plans in our upcoming programs and here in these Updates in the next month or so!

Step 3. Evaluate Your Plan and Make Necessary Changes

The first draft is not a forever plan! You can always make any necessary changes as you implement the plan. We would recommend that you start with the basics and add on more options and resources as your court and local partners (probation departments, prosecutors, local service providers, etc.) get comfortable with the process.

You may even want to test some components of your plan prior to the January start date to work out any potential issues.

Step 4. Implement Your Plan

Remember, the plan must be in place on January 1, 2025!

National Highway Traffic Safety Administration (NHTSA) Courses

November 4 – 7, 2024, in-person course, Reno, NV; “The Traffic Case: A Course for Nonlawyer Judges ”

December 4, 2024, online webinar: “Impaired Driving 2024: What’s New?”

Visit the NJC website at http://www.judges.org for registration information and for a full list of the NJC’s courses.

Constable Corner

Are you looking for online training updates? Lexipol offers a great number of free webinars and other resources for law enforcement. These resources are a great compliment to your civil process training from TJCTC, as they cover other topics that we do not teach and that may not always be available in-person for your offices.

Check out The Briefing from Lexipol for updates on new training.

Supporting Rural Law Enforcement

All law enforcement agencies often encounter citizens with mental health issues. Find support and training on that intersection on the Council of State Governments Justice Center website, including some resources created especially for rural agencies.

Law Enforcement

https://jmhcp.org/issue-areas/law-enforcement/

Bexar County’s Mental Health Response Initiative

Shout out to our impressive friends in Bexar County who have received national attention for their mental health response initiative. You can check out their program on the Council of State Governments Justice Center website.

From Crisis to Care: An Overview of Bexar County, TX’s Mental Health Response Initiative

Updated Online Education

There are some new Recordings for Credit and Self-Paced Modules on the TJCTC website. Make sure you check out the following if you still need hours or the topic sounds interesting!

Recordings for Credit

Cannabis Legalization the Impacts on Impaired Driving – 1 hr credit

2024 Family Violence Update – 2 hrs credit (This recording includes information about the required, updated protective order forms from OCA.)

Notes on the new required forms for Emergency Protective Orders (EPOs)/Magistrate’s Orders for Emergency Protection (MOEPs):

Remember that the forms and instructions can be found here: https://www.txcourts.gov/rules-forms/standardized-protective-order-forms/

“Mandated Forms”

Please note that out of these forms, only the Magistrate Order for Emergency Protection (MOEP) is required for JPs at this time. No changes may be made to this form except the following:

If the extra lines for protected persons at the top of p. 2 are not needed, they can be deleted.
Section XI. Admonition on Ineligibility to Possess Firearm or Ammunition on p. 6-7 will only apply if you’ve prohibited possession of a firearm on p. 2. The form should be updated at some point to add a check box for whether this admonition applies. In the meantime, if possession of a firearm has not been prohibited, Section XI will need to be crossed out or deleted.

The Instructions for Completing the Orders – currently under the Temporary Ex Parte Order form – apply to all orders, including the MOEP.

“Other Forms (Discretionary)”:

The following are relevant for JPs and may be modified as desired:

Motion to Modify MOEP
Order on Motion to Modify MOEP
Request for MOEP

The TCIC Protective Order Data Entry Form is also on this list but should not be modified.

Self-Paced ModulesUnidentified Bodies – 2 civil hrs credit

*Updated* Deferred Disposition and DSC Dismissals – 1.5 hrs credit

We hope this information was helpful, and like always, see you at the next program! If you have any suggestions, questions, or comments about these updates, please email Amber Myers at a_m1814@txstate.edu

-Thea & the TJCTC Team

May 30, 2024May 30, 2024

TJCTC Updates 5.30.2024

Hello Judges, Clerks, Constables, & Deputies,

We have training opportunities and resources to share with you in this last eblast this month. We hope you are enjoying your summer so far!

Court Personnel Exams Open!

The spring edition of the court personnel exams are now open! Take your open book exam online with TJCTC’s virtual proctoring program. The exams will be open until June 19th. Register by June 14th to take exams during this timeframe. To learn about the exam and register now, visit our court personnel certification page: https://www.tjctc.org/court-personnel/clerk-certification-program.html For questions, email Jessica at jessforeman@txstate.edu.

What is the clerk certification program?

The Justice Court Clerk Certification Program allows experienced justice court clerks to demonstrate their knowledge of statutes, procedures, and ethical guidelines applicable to Texas justice courts. Justice court clerks who pass an examination receive certification as a Certified Clerk or a Master Certified Clerk. The Texas Justice Court Training Center creates and administers all exams.

Texas DSHS Training on Mass Fatalities

Wednesday, July 17, 2024

Location: Southwest Texas Regional Advisory Council (STRAC), 7500 W US Highway 90 1-200, San Antonio, Texas 78227

This in-person seminar will cover the topic of Mass Fatality Management in Public Health Region 8. Presentations will be given by the following agencies: American Red Cross, Bexar County Medical Examiner’s Office, Medicolegal Authority/Justice of the Peace, Texas Department of State Health Services Region 8, Texas Funeral Directors Association and Texas Mass Fatality Operations Response Team (TMORT). When the presentations are completed, the speakers will form a panel and a question-and-answer session will occur to provide attendees the opportunity to ask questions or seek clarification for issues not addressed during the lectures.

For more information and to register, visit the DSHS website.

Impaired Driving Taskforce DWI Summits hosted by The Texas Center for the Judiciary

The DWI Summits bring judicial education to smaller communities around the state. Come learn about:

Case Law Updates (including mandatory traffic fines)
Back to Basics: DWI Sentencing
Ignition Interlock
Occupational licenses
Pre-trial issues

The program is open to County Judges, County Court at Law Judges, District Judges and Justices of the Peace. Programs begin at 10 a.m. and conclude by 3 p.m. Lunch is provided. Please check with your judicial education organization regarding reimbursement.

June 27 at the Courtyard by Marriott

3955 North Expressway 77/83

Brownsville, TX 78520

July 11 at the Marriott El Paso

1600 Airway Blvd

El Paso, TX 79925

Email hollyd@yourhonor.com if you would like to attend or need more information.

Free Lexipol Webinar for Law Enforcement

Every Day Is a Training Day: The Value of Daily Training on Policy

Thursday, May 30 | 1 pm Eastern

Presented by: Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge

When first responders are operating in the field, they are often required to make quick decisions. As a public safety leader, you hope your personnel have been trained on both policy and practice and you trust they are making sound decisions. However, there are times when your personnel encounter unfamiliar scenarios — situations that are low frequency but high risk.

Join Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge, as they discuss how using Daily Training Bulletins (DTBs) can help ensure your personnel are not only reviewing agency policy but also receiving regular training on your agency policy.

You’ll learn:

The legal and cultural reasons training requirements exist.
How DTBs can be one of the most versatile tools in your training toolbox.
How to identify which training needs can be met by DTBs and which can’t.
How Lexipol’s Policy Management solution can help to fulfill your policy training needs.

Register today!

Registration is free. Can’t make it? Register anyway and Lexipol will send you a link to the recording after the event.

NCSC Webinar – Courageous Conversations

Wednesday, June 12

Courageous conversations are fundamental to effective leadership. As a leader, conversations with your team, colleagues, and even supervisor can, at times, be challenging to navigate. It is through the careful navigation of these conversations that one can foster positive relationships and ensure effective communication.

In this episode of Navigating Leadership, Sara Grondahl, Human Resources Director for the Alaska Court System, will discuss familiar challenges and barriers to effective communication and leave you feeling empowered with a toolbox of skills and strategies that will allow you to confidently put courageous conversations into practice.

Register Today!

Future sessions of this series include:

July 10 – Effective Leadership Teams
August 14 – How to Get and Give Good Feedback
September 11 – What Does Leadership Mean to You?
October 9 – Transitioning to a New Leadership Role
November 13 – Developing a Leadership Culture

Visit ncsc.org/leadershipseries for more information and to access sessions on demand.

Mental Health Resources

To round out Mental Health Awareness Month, the JCMH Collaborative Council recently shared the following resources for county officials involved in Mental Health Committees/Councils/Workgroups. Several may be helpful in rural areas, especially to get grant funding or loan forgiveness programs started for mental healthcare workers.

State Office of Rural Health Resources

This is a great resource for rural judges to share with their local partners who work in the mental healthcare. SORH works to support rural health providers by providing technical assistance with finance, operations, and quality through a variety of grant programs, workshops, and one-on-one assistance. Additional resources include educational awards that are available to individual clinicians and health care institutions, information and referral, funding resources, and assistance with medical license applications.

Visit their website.

Mental Health Professionals Loan Repayment Program

Mental health professionals practicing in a Mental Health Professional Shortage Area (MHPSA) and providing services to recipients under a medical assistance program, may be eligible for a loan repayment award between $10,000 and $160,000, depending on your practice specialty.

If this sounds like it applies to professionals in your county, check out their website.

Department of Health and Human Services Loan Repayment Program

This is another grant opportunity for mental health and substance abuse professionals who work in underserved areas.

If this sounds like it applies to professionals in your county, check out their website.

Save-the-Date for the Annual JCMH Summit

Please join the Texas Judicial Commission on Mental Health (JCMH) for the 2024 Judicial Summit on Mental Health taking place November 21 – 22, 2024, at the Marriott Dallas Allen Hotel & Convention Center in Allen, Texas.

JCMH is also accepting session proposals if your court or another county program is doing something that you would like to share with stakeholders around the state.

Visit the JCMH website for details and more information.

We hope you found something helpful in this update. See you at a program soon!

– Thea & the TJCTC Team

May 9, 2024May 9, 2024

TJCTC Updates 5.9.2024

Hello Judges, Constables, Deputies, & Court Staff,

How is it already May?! As you gear up for summer, we wanted to share upcoming training opportunities, grants, a new “Legal Question of the Month” feature, and of course more resources for your courts and offices.

Legal Question of the Month

Do I have to appoint a receiver?

No. You don’t have to appoint a receiver or issue a turnover order under Civil Practice and Remedies Code 31.002. However, you must consider applications for this relief and make your decision based on the application and case at hand. You should not have a blanket policy that you never issue receivers. Here is a snippet from some caselaw on the topic:

“Although subsection (a) of the statute uses the word ‘entitled,’ the use of ‘may’ in subsection (b) makes the remedy discretionary.” See Barlow v. Lane, 745 S.W.2d 451 (Tex. App. 1988), Beaumont Bank N.A. v. Buller, 806 S.W.2d 223 (Tex. 1991).

“We review the trial court’s decision for an abuse of discretion…whether there is evidence to support the decision is a relevant consideration. The ultimate question, however, is whether the court acted in an unreasonable or arbitrary manner or without reference to any guiding rules.” See Beeler v. Fuqua, 351 S.W.3d 428 (Tex. App. —El Paso 2011).

What this means is that if you just have a general rule that you don’t like receiverships and you don’t want to do them, you are probably abusing your discretion. However, if you review the applications closely or have some other reason not to grant the application and are not denying the judgment debtor other ways to collect their judgment (writ of execution, turnover order, etc.), then you can deny an application for a receiver. It would also make sense that if a particular receiver has acted improperly before, that you might have reason not to appoint them (just like if you no longer trust a process server, because they provided false information in a return).

The Ft. Worth Court of Appeals just ruled about a court using their discretion to deny the appointment of a receiver using the following logic:

“Employer’s attorney’s affidavit, in which she conveyed her ‘understanding’ that former employee owned nonexempt assets, ‘including bank accounts, income, personal property, and interest in real property,’ was not competent evidence of employee’s ownership of nonexempt property as would support issuance of turnover order to satisfy employer’s judgment against employee, because the affidavit showed no personal knowledge, and attorney’s recitation of her ‘understanding’ was conclusory.” Vaccaro v. Raymond James & Associates, Inc., 655 S.W.3d 485 (Tex. App.-Fort Worth 2022).

The Houston Court of Appeals ruled similarly:

Presenting some evidence of right to turnover relief and showing nonexempt status of judgment debtor’s remaining funds does not automatically mandate trial court to order turnover of funds to judgment creditor; rather, trial court has discretion to consider other relevant factors such as ability of judgment debtor to meet living expenses if turnover relief is granted. Brink v. Ayre, 855 S.W.2d 44 (Tex. App.—Houston [14th Dist.] 1993)

Grant Opportunities

We know that coming up with the necessary funding isn’t always easy. The Texas Association of Counties (TAC) shared a few grant opportunities for courts and rural county officials last month that we wanted to pass along.

Rural Mental Health Grant

Selected Grant Opportunities

Upcoming Training

Ask about Suicide to Save a Life (AS+K) Virtual Training

The Health and Human Services Commission is hosting a training on May 15 from 9:00 a.m. – 12:00 p.m. CDT on warning signs, clues and suicidal communications of people in psychological distress, and the actions to take to prevent a possible tragedy. Capacity is limited and pre-registration is required. RSVP at suicide.prevention@hhs.texas.gov.

Justice Court Section Webinar – Civil Trial and Pretrial Rules and Practice in Justice Courts

Presenter, Rebecca Glisan, TJCTC Director of Curriculum & Staff Attorney

This course will cover some of the specific rules and common issues that arise in justice courts related to jury and bench trials as well as pre-trial motions and hearings. Topics will include continuances, mediation and agreed orders, summary disposition, discovery, evidence, development of the facts of the case, preparing the jury, and more.

Friday, May 17, 2024 from noon – 1:00 pm

Registration Link: https://us06web.zoom.us/meeting/register/tZ0uf-qprTwiEt0SfYLrJi12yZMulvcVHzA9%20#/registration

Free Lexipol Training for Law Enforcement

One of the top-national law enforcement training organizations, Lexipol, has partnered with Dak Prescott’s Faith, Fight, Finish Foundation to offer some free training for law enforcement. This could be helpful to constables and deputies looking for additional training to complete all of their TCOLE requirements.

https://cycle.lexipol.com

Recording For Credit Posted

Mental Health Resources for Judges

TLAP helps judges with issues related to substance use or mental health disorders and maintains a list of volunteer judges who are interested in providing support to peers in crisis. This class will feature a discussion with TLAP and the resources available for judges dealing with issues such as vicarious trauma. The handouts for the course are also attached to his email.

Click here to view the recording

Sequential Intercept Model Mapping Opportunity

Texas Health and Human Services (HHSC) has published the Fall 2024 Sequential Intercept Model (SIM) mapping workshop application for communities interested in working with the HHSC Office of Forensic Coordination to map local behavioral health, criminal justice, or juvenile justice systems and develop action plans. The application deadline is May 17, and the application and more information about the SIM process is available at on the HHSC website.

Mental Health Awareness Month

This month is Mental Health Awareness Month, so we compiled the resources in the following newsletter for you to use throughout the month to bring awareness to the topic that so-often comes up in your courts.

You can also find additional news about the intersection of mental health and courts at JCMH News.

Mental Health Awareness Month

We hope that you find these resources helpful and enjoy the warmer weather!

– Thea and the TJCTC Team