magistration – The Docket

December 11, 2024

TJCTC Updates 12.11.2024

Happy Wednesday!

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.

Read the case: https://www.ca5.uscourts.gov/opinions/pub/24/24-50135-CV0.pdf

Legal Topic of the Week

Public/Open Records

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 Deskbook discusses these issues in detail!

_____________________________________________________________

Constable Records

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.

The Texas Attorney General’s Office has a helpful page about the PIA requests and even has a PIA handbook available. Visit the AG’s PIA webpage: https://www.texasattorneygeneral.gov/open-government/members-public/how-request-public-information

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.

Juvenile Diversion Forms Update

Did you know that we have lots of resources to help you with juvenile diversions?

*New* Forms – under their own tab “Juvenile Criminal Diversion Forms“
Juvenile Diversion Self-Paced Module (includes sample plans)
Juvenile Deskbook Chapter 3A

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.

Read the Article on the County Progress website: https://countyprogress.com/dos-and-donts-county-purchasing/

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.

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.

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 1, 2024April 1, 2024

TJCTC Updates 4.01.2024

Hello Judges, Constables, and Court Staff,

We have several important updates for you, including some recent caselaw updates. Please make sure you read the full email.

SB 4 Update

There have been a few more rulings on SB 4, but the current state of the law is still that S.B. 4 is not in effect. We will keep you updated if anything changes.

In the meantime, TJCTC resources have been updated to reflect the impact of SB 4 on justice courts in the event that it goes into effect.

The Magistration Deskbook has been updated. See page 60-61 for updates related to SB 4.

U.S. Supreme Court Issues Opinion Related to Social Media and Liability for Public Officials

You may need to talk to your county attorney about what steps you need to take to ensure that your private social media accounts don’t open you up to potential liability.

In Lindke v. Freed, the U.S. Supreme Court unanimously held that a public servant who:

had actual authority to speak on behalf of the State on a particular matter, and
purported to exercise that authority

could open themselves to potential liability if they block people from seeing their posts from their private accounts on social media.

The example they give is a mayor officially announcing on his personal Facebook page that he is using his authority under a local ordinance to suspend enforcement of certain parking rules. If that were the case, the mayor would be unable to block citizens from access to his personal Facebook page.

The Court gives an example that might be worth following:

Had official’s account carried a label (example: “this is the personal page of [insert official’s name]”) or a disclaimer (example: “the views expressed are strictly my own”), the official would be entitled to a heavy (though not irrebuttable) presumption that all of the posts on their page were personal and not in their official capacity.

It’s probably time to edit your personal pages to make sure that this language is there.

The Court also states “an official who uses his staff to make a post will be hard pressed to deny that he was conducting government business.”

It is a best practice to keep your personal social media accounts and official social media accounts separate and not ask any employees to post or maintain your personal accounts.

The Court is very clear that a public official can have private speech and can limit who receives that private speech. There are going to be “hard-to-classify cases,” so you will need to talk to your county attorney about any advice or policies they may put into practice in your county.

Texas Court of Criminal Appeals (CCA) Rules that Refusal of Consent to Search NOT an Indication of Criminal Activity

Lall v. State is a straightforward opinion from the CCA that holds that a defendant’s lawful refusal to consent to a search cannot be considered in making a determination of probable cause or reasonable suspicion. This decision is consistent with how courts have treated a defendant’s assertion of other constitutional rights, like when a person invokes their Fifth Amendment right to remain silent as not being admissible as evidence of guilt.

State Bar Justice Court Section Webinar

The State of Debt Collection in Justice Courts, 1 hr

According to a 2018 Federal Reserve report, there were 59.5 Billion debit or credit card swipes a year in the United States. That boils down to 165 million swipes/day; approximately 15% of which occur in Texas (25 million/day; 1.8 million/hour; 30,000/minute; 500/sec). That’s a lot of plastic. Since then, things have only increased. This course will look at trends in the consumer debt arena both in terms of activity and evolving debt types and will review how these claims ultimately arrive and are presented to the courts. Topics will include digital documentation and an orientation to “fin-tech” debt.

Additionally, with increased activity comes increased scrutiny. This course will explore both the operational focus of the Consumer Financial Protection Bureau and the current regulatory environment, including the Fair Debt Practices Act and the more recently enacted Reg. F. Included will be a discussion of the Model Validation Notice, the limitations on contact activity and methods of communication, as well as the opportunities presented by the utilization of digital platforms.

Speaker: Michael Scott

April 12, 2024 at 12:00 PM CDT

Zoom Registration: https://us06web.zoom.us/meeting/register/tZEkfuGrrTIpEtNHsq828Gj7GumB9calOPk0%20#/registration

NCSC Webinars and Programs

Tiny Chats

Do you watch the NCSC Tiny Chats? They are short videos on topics related to court procedures and increasing fairness and confidence in the courts. The most recent Tiny Chat is about chat bots and how they can be helpful to court websites. Also, NCSC is partnering with Law Droid to build a lucky court a chat bot for free.

Highlights in Fines and Fees Reform

Later this week, watch our own Texas Supreme Court Chief Justice, Nathan Hecht, as he moderates a discussion about how several states are updating how they handle fines and fees.

Registration Link: https://ncsc-org.zoom.us/webinar/register/WN_YV04G9GPRdu8EAOOo9hkMg?utm_campaign=486477_Whats%20on%20April%201%202024&utm_medium=email&utm_source=dotdigital&dm_i=7L57,AFD9,4VW08I,1IB0V,1#/registration

April is Retiring

Our wonderful Office Coordinator April Williams is retiring at the end of April. If you have any well-wishes you would like to pass along, please email Jessica at jessforeman@txstate.edu.

We hope the month of April is kicking off to a great start in your courts and offices!

Thea & the TJCTC Team

March 13, 2024August 15, 2024

TJCTC Updates 3.13.2024

Good Afternoon Judges, Constables, & Court Staff,

Happy Spring Break! We have a few updates and resources to share with you this week. As always, don’t forget to read to the end!

TJCTC Webinars

Implementing SB4: Magistrate’s Order to Return

This webinar was postponed, because there is pending litigation in the federal courts keeping the bill from becoming effective. Please monitor your emails and the TJCTC website for updates.

Have you heard of TMORT?

Join forensic pathologist, Dr. Amy Gruszecki, to learn more about the Texas Mortuary Operations Response Team (TMORT). This team is made up of medical examiners, funeral directors, and anthropologists, who respond to mass casualty events like the Uvalde shooting. Learn more about this team and the resources available to you during a mass casualty event.

Friday, March 29 at 10:00 am

Registration: https://txstate.zoom.us/webinar/register/WN_Ce9ULqQWQvOFSO79gN4GjA

NCSC Webinars

Follow-Up Webinar on Ensuring Effective Communication for People with Disabilities TODAY

TODAY at 10 am

Join NCSC for a follow-up to their January webinar.

Due to the overwhelming interest in this important topic, we received more questions than we could answer during the one-hour webinar. This follow-up conversation is intended to tackle those unanswered questions and provide some “how-to” tools and examples you can start to implement now.

Learn more and register on NCSC’s website.

Why Won’t They Come? Findings from a Study of Nonresponse and Failure to Appear Rates in Harris County, Texas

Hosted by the NCSC Center for Jury Studies, this webinar sheds light on the perplexing issue of juror nonresponse and failure to appear in Texas’s most populous county.

Panelists will delve into the study’s compelling findings and offer practical recommendations to address the high nonresponse and failure to appear rates.

Gain valuable insights into the complexities of jury service and discover actionable strategies to enhance juror participation and engagement.

Don’t miss this opportunity to learn from the experts and contribute to improving the jury system.

Learn more and register on NCSC’s website.

Note: If you attend these NCSC webinars, please email proof of attendance to jessforeman@txstate.edu to receive credit.

You may see more Alcohol and Beverage Code violations filed in your courts in March & April!

TABC is conducting spring break public safety operations throughout March to target sales of alcohol to minors. Agents will be attempting to identify businesses selling alcohol to minors.

AI Information Database

The Legal Services National Technology Assistance Project (LSNTAP) has been following the use of AI in the legal system, and created a database of the resources and caselaw.

They even feature an article from Texas Law Help.

Access the database on the LSNTAP website.

Do you follow TJCTC on social media?

Check out our LinkedIn & Facebook pages for updates and on occasion a fun photo or two from our programs! Don’t forget, you can also find more information at our blog, The Docket, including past e-blasts like this one.

Stay safe out there!

Thea & the TJCTC Team

February 29, 2024February 29, 2024

Important Update – SB 4

In the 4th Special Session of the 88th Texas Legislature, the Legislature passed SB 4, a bill which created several new immigration-related criminal offenses, as well as a procedure for magistrates and courts in certain situations to issue orders for defendants to return to a foreign country. The law was scheduled to go into effect March 5, 2024. The United States filed a lawsuit seeking an injunction and was joined by several other plaintiffs, including El Paso County.

On February 29, 2024, a United States District Judge issued a preliminary injunction, blocking the state of Texas from implementing the provisions of SB 4. Gov. Greg Abbott immediately signaled his intention to appeal the decision. For now, the law is not in effect. Please monitor further email updates, as well as www.tjctc.org, for updates and guidance as more information becomes available.

February 23, 2024February 23, 2024

TJCTC Updates 2.23.2024

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

February 9, 2024February 23, 2024

TJCTC Updates 2.9.2024

Good Afternoon Judges, Constables, & Court Staff,

Can you believe we are already well into February? Time flies when you are having fun seeing your colleagues at training! Buckle up, because this is a long list of resources and updates, but all are very worth the read.

Accessibility & Access in the Courts

Recently a local attorney reached out to TJCTC to give praise to the Texas justice courts and offer his experiences to help courts ensure access to the courts for people with invisible disabilities and health conditions that might make it harder for them to appear in court.

Staff Attorney Amber Myers interviewed him for an episode of the National Association of State Judicial Educators (NASJE) Spotlight Podcast to share this great information not only with Texas courts but also those nationwide. You can watch the episode on the NASJE YouTube Page.

Also in January, the National Center for State Courts held a webinar about Inclusive Communications for People with Disabilities in Court. If you missed it, the shared resources are below.

Watch the recording of the webinar on the NCSC website: https://www.ncsc.org/consulting-and-research/webinars
Other Resources:

ADA Best Practices Tool Kit for State and Local Governments

Access to Justice Knowledge Hub Modules

ABA Article on Supported Decision Making

Texas Law Help YouTube Channel

A great resource for self-represented litigants, especially if they speak a language other than English.

https://www.youtube.com/@TexasLawHelpwebsite/videos

Upcoming Webinars

TAA Lease Update for 2024, 1 civil hour

February 23rd from 10:00 – 11:00 a.m.

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

Feb 29th from 2 – 3:00 p.m.

Instructor: Bronson Tucker

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

*New* Recordings for Credit

Texas State Law Library Online Resources, 1 Hour Civil

Do you know about the resources available on the Texas State Law Library (TSLL) Website? Any Texan can get a free library card and access to these legal resources, so not only can judges, constables, and court staff use these resources for legal research, but the public can as well. Watch this one-hour prerecorded webinar for an overview from TSLL staff.

State of the State: Texas Demographic Trends and Characteristics, hosted by TJCTC

Speaker: Lloyd B. Potter

Do you want to know who is in your county and state? This webinar will provide information on the Texas population, including rural vs urban trends, migration information, and birth rates. It will also cover how Texas compares to other states and projected changes for Texas’ future.

You can find the recording for credit on the TJCTC Recordings for Credit Page under Court and Office Management Webinars. The TSLL also has additional self-help videos on their YouTube Page.

National Center for State Courts Releases New Guide to Mental Health Diversion

Download from the NCSC website

New Attorney General Opinion Regarding School Marshals KP-0454

Summary: A school district board of trustees may designate an individual to carry a handgun for the protection of students and staff by implementing a guardian plan or utilizing a school security officer. Education Code section 37.0811 provides another option for accomplishing this purpose by generally allowing a school board to appoint one or more school marshals for each campus in the district. Subsection 37.0811(c) authorizes a school marshal to possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the board of trustees. A school marshal possesses a handgun when it is openly carried on the marshal’s duty belt. Therefore, a court would likely conclude that Education Code subsection 37.0811(c) authorizes a board of trustees to adopt regulations that allow a school marshal to duty belt carry a handgun.

Update on Legal Calls

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