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.

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.

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.

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.

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.

August 22, 2024August 22, 2024

Online Education Update

Hot Off the Press!

The new Truant Conduct Self-Paced Module went live last night. You can find this module and several other new ones on TJCTC’s Self Paced Module Page.

Did you miss other online learning opportunities released this academic year?

Modules:

Unidentified Bodies Toolkit

Deferred Disposition and DSC Dismissals

Interpreters and Spanish Legal Terminology

Occupational Driver License (ODL)

Find these on TJCTC’s Self-Paced Module Page.

Recordings for Credit:

Juvenile Criminal Diversions *hot topic*

Texas Demographic Trends and Characteristics

Cannabis Legalization and the Impacts on Impaired Driving

2024 Family Violence Update

Have you Heard of TMORT

Mental Health Resources for Judges

Find these on TJCTC’s Recordings for Credit Page.

Happy Learning!

-The TJCTC Team

August 9, 2024August 12, 2024

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

June 26, 2024August 15, 2024

Mental Health Resources for Courts

Did you know you can get updates specifically for courts from the Texas Judicial Commission on Mental Health (JCMH) delivered directly to your inbox?

The team at JCMH focuses on all things mental health and the court system. They provide lots of free resources and training for judges, including coming out to your county to provide technical assistance on issues like Emergency Detention Orders.

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

April 22, 2024April 25, 2024

TJCTC Updates 4.22.2024

Judges, Constables, Deputies, and Court Staff,

We have a lot to share this week – webinars, modules, caselaw, and more. Make sure to scroll all the way down!

TJCTC Webinar – Mental Health Resources for Judges

Thursday, May 2, 2024 from 2:00 – 3:00 p.m.

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

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

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

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

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

Financial Literacy Month

In addition to stress awareness month, April is also Financial Literacy Month. We put together a list of resources for you to share with your communities on financial literacy. Click on the link below the flier to open in a browser.

Financial Literacy Month

Fair Housing Month and Fair Housing Act Module

April is also Fair Housing Month. In recognition of this month, the National Center for State Courts has released a self-paced module all about the Fair Housing Act.

Hybrid Hearings Initiative Resource

The National Center for State Courts recently released this resource after the last few years of researching the best practices for hybrid hearings.

CDL Case Resources

Whether you handle a large caseload of CDL cases or just one every-so-often, the National Judicial College has created a website full of resources just for you. Bookmark https://cdlresources.org/ to prepare for your next CDL case.

Upcoming Court Security Training in Williamson County

Williamson County Justice of the Peace Precinct 3 and the Office of Court Administration are partnering to host an in-person court security training at the end of May. Details are below, and a flier is attached to this email if you are interested.

May 22, 2024 from 9:00 am – 4:30 pm

100 Wilco Way, Georgetown, TX 78626

Fill out this form to RSVP, space is limited.

For questions or more information, please email cherie.vasquez@wilco.org.

Lexipol Webinars

Constables and deputies, are you looking for some free, online training? Lexipol produces some interesting webinars on hot topics that they provide for free on their website. One of the recent issues discussed was use of force. Take a look for yourself – https://www.lexipol.com/resources/webinars/.

Caselaw Updates

Martinez v. State

Issue: Can officers open an abandoned cell phone at a crime scene to view non-electronic identifying information [example: international mobile equipment identification (IMEI) number] to use to obtain a search warrant for the phone’s digital data?

Holding: Yes. “The police did not have to obtain a warrant to obtain the phone’s IMEI number from its interior SIM tray before securing a warrant to view the phone’s digital contents. The IMEI number allowed the police to describe the phone with the particularity required to obtain the warrant, and to hold otherwise would impede the ability of police officers (and good Samaritans) to attempt to determine a cell phone’s ownership by checking its nondigital identifiers … Further, by fleeing, Martinez abandoned any reasonable expectation of privacy in the IMEI number when he dropped the phone at the crime scene—a place he had no right to be.”

Why did we share this with you? This decision is helpful to both law enforcement officers and magistrates who issue search warrants. It is comprehensive, and if you handle either requesting search warrants or signing search warrants, it is worth a read.

Ex Parte Segovia

Issue: Did the trial court abuse its discretion by denying the defendant’s request for bail reduction and failing to consider the public safety report?

Holding: No. “After considering all the statutory and judicial factors relevant to setting bail, we conclude that the trial court did not abuse its discretion in denying [the defendant’s] application seeking a reduced amount of bail.” Regarding the public safety report, the Court noted that the defendant did not raise the issue until his appeal, and the Court may not consider issues that were not raised in his application and addressed by the trial court. The Court went on to say that “even if [the defendant] had presented the public safety report issue and preserved it for our review, [the defendant] does not identify how the trial court’s alleged failure to consider the report caused him harm. As such, he has not met his burden to establish his entitlement to the extraordinary relief of habeas corpus.”

Why did we share this with you? This is another case shortly after the Court of Criminal Appeals issued its opinion in Ex Parte Gayosso. The issue of public safety reports in bail cases are a hot topic that we will continue to see cases on.

As always, we look forward to when we see you next!

Thea & the TJCTC Team

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

December 13, 2023March 6, 2024

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.

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.

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.

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.

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:

Did TJCTC get a new website? No. The website is still www.tjctc.org.
Did the Deskbooks and forms move? No. You can still find them under the Legal Resources tab at www.tjctc.org.
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

Happy Holidays!

Thea & the TJCTC Team