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Spotlight: Juvenile Diversions December 2024

Hello Judges & Court Personnel,

As January is upon us, we wanted to make sure that you have all of the resources related to Juvenile Diversions in one place.  Remember, the new Juvenile Diversion Programs must be up and running by January 1, 2025, including courts providing public access to their Juvenile/Youth Diversion Plans.

You may have already taken a course at a 20-hr program, one of our webinars, or completed the self-paced module and have seen many of these resources before, but note that there are additional resources compiled here.

You will also find an FAQ below with some common questions. 

TJCTC Resources

You can access many resources related to Juvenile Diversion on TJCTC’s website (https://www.tjctc.org/).

Frequently Asked Questions

We receive some questions often, and wanted to include them as a reference guide.

Fees: 

Can you clarify or help me find where in the statute it states courts have to pay for any outside program assigned during the youth diversion program. CCP Art. 45.312 states there can’t be a fee assessed by the courts other than the $50 fee, but not for any outside program referred to such as drug/alcohol class etc. There are many interpretations made by different courts and would like clarification or your perspective. 

From P. 86 of the Juvenile Deskbook: The court may collect from a child’s parent (not the child) a $50 Local Youth Diversion Administrative Fee to defray the costs of the diversion, but only if the fee is an accepted term in the diversion agreement. Code of Criminal Procedure Art. 45.312(a), (b). Diversion may not be made contingent on payment of a fee. Code of Criminal Procedure Art. 45.312(i). No other costs or fees may be assessed for a diversion. Code of Criminal Procedure Art. 45.312(h). 

Since no other fees may be assessed or required, TJCTC believes that a child cannot be forced to pay for a program as part of a diversion. Options include the court/county using the fund created from the $50 administrative fee, Local Youth Diversion Fund, County Juvenile Delinquency Prevention Fund, or other general court funds to cover the costs of programs and/or entering into agreements with service providers for the programs to be made available to diverted children without cost. (Note, these specific Funds are discussed in the next FAQ). 

  

Juvenile Case Managers and Funding: 

What funding sources are available to help pay the salary or a Juvenile Case Manager/Youth Diversion Coordinator or supplement the salary of a court clerk who will serve in the role part time? 

There are several funds related to Juvenile Diversions and pay for Juvenile Case Managers (JCM) and Youth Diversion Coordinators (YDC). First, it is important that while in practice these position titles are hard to distinguish, many of the statutes do only apply to one or the other.  

A court can designate a YDC, but only a Commissioners Court can designate a JCM. 

First, we have the Administrative $50 fee under CCP Art. 45.312(a) that is the only fee assessed in a Juvenile Diversion. The purpose of this money is “to offset the costs of diversion” and it should be placed in an “account to offset the costs of diversion.” Note, the statute does not require this money to be put in one of the other funds that we discuss later. We believe these funds can be used to fund both the salary of a full-time JCM or YDC and as a supplement to a clerk, but since it isn’t collected until a diversion case comes in, it might be difficult to use this year for this purpose from an accounting perspective. 

Local Youth Diversion Fund (Local Government Code [LGC] 134.156) - this fund is funded by $5 from the Local Consolidated Cost charged as part of court costs. See LGC 134.103. This fund can be used for the salary and benefits of a full-time JCM, but “money in the fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.” This means that in a county where there a JCM is spending their majority of the time on Juvenile Diversions and Truancy, then their salary could be funded by this fund. This fund won’t be available for a supplement for a JCM or YDC who primarily serves as a clerk. If a court doesn’t have a JCM, but does designate a YDC, they cannot use the Local Youth Diversion Fund to fund that position, even if that person does mostly juvenile work.  

County Juvenile Delinquency Prevention Fund (CCP Art. 102.0171) – This fund is funded by $50 from Graffiti offenses after Jan. 1, 2025, and can be used to “providing funding for youth diversion.” This funding could be used to fund JCMs or YDC, but because justice courts do not start contributing this fee to this fund until 2025, there may or may not be adequate funds for this purpose.  

The Justice Court Assistance and Technology Fund (CCP Art. 102.0173) – One of the allowable uses of this fund is “education, benefits, and salaries for court personnel.” This fund can absolutely be used to fund the salary of a JCM or YDC employed by the court or to supplement a court clerk’s salary who will serve as a JCM or YDC. 

Local Government Code 133.125(c) also allows for counties to apply for funds from the Governor, ” A local governmental entity may request funds from the criminal justice division of the governor’s office for providing youth diversion services. The division may award the requested funds based on the availability of appropriated funds and subject to the application procedure and eligibility requirements specified by division rule.” These funds could be used for the salary or supplemental salary of a person serving as a JCM or YDC. 

  

Expunction of Records:  

When does expunction of records happen in Juvenile Diversions?  

If the child is placed on diversion, then all records of the diversion must be expunged without the requirement of a motion or request, on the child’s 18th birthday pursuant to CCP Art. 45.313, whether or not the juvenile is successful. When a case is expunged, all records must be destroyed, and the existence of the case cannot be made known to anyone for any reason. For more information about juvenile diversion, please see Ch. 3A of TJCTC’s Juvenile Deskbook. 

Note, criminal charges filed, even if dismissed, would not be expunged automatically under this statute (but may be expunged under other statutes depending on the situation). 

  

Tracking Cases: 

We are trying to find a good way to track our cases that will be referred to the Juvenile Diversion Program. If we enter these cases in our case management system (Odyssey) and mark them as “sealed” or “locked” records, would that be sufficient to comply with the statute? I understand that they cannot remain “active cases”, but that way we would still have a way of keeping track of those individuals. 

Using a different case type or something like you have described makes sense. We do not see any major issues with this, as long as the records are handled appropriately under the statute if the juvenile completes the juvenile diversion successfully. 

Remember, diversion cases should only be tracked for the purpose of accounting, for statistical records of diversion strategies, and ultimately reporting successful diversions. They will be confidential and are not actually pending criminal cases (and if they were filed, should be dismissed) while the juvenile is in the diversion process. 

  

Minor Alcohol Cases & Diversion: 

What about MIC, MIP, and DUI? 

Remember, for the purposes of juvenile diversions, we are only talking about juveniles under the age of 17, minors aged 17-21 will not be eligible for this diversion, and will be handled according to standard procedures. 

Starting January 1, 2025, juvenile diversions are available to all offenses in justice court that are not traffic offenses.  The crimes of minor in possession and minor in consumption are not traffic offenses.  Therefore, an eligible child would be entitled to diversion for these alleged offenses.     

Our position is that Driving Under the Influence (DUI) [not Driving While Intoxicated – that is a higher-level case handled in other courts] is not a traffic offense either and would be entitled to diversion. 

Absent an express definition, words and phrases take on their normal meanings. Ultimately, it will be up to the court to decide if they believe that DUI falls into the category of “traffic offenses” or not, as there is no explicit definition. 

This is one way to think about what “traffic offenses” means.  Imagine that a teenager wanted to intern in your court.  You asked her whether she’s had any legal trouble besides traffic offenses.  If she had been caught driving under the influence, would she be lying if she had said “no?” We think she would be.  That’s why we think DUI is not a traffic offense and should be subject to diversion. Additionally, while it doesn’t apply specifically to juvenile diversions, the only definition of “traffic offenses” involves offenses in certain sections of the Transportation Code, and DUI by a Minor is in the Alcoholic Beverages Code. 

  

Intermediate Diversion Outcomes: 

What happens if a juvenile is on an intermediate diversion (handled by the Juvenile Case Manager/Youth Diversion Coordinator)? 

If the child successfully complies with the agreement, the case shall be closed and reported as a successful diversion to the court. Code of Criminal Procedure Art. 45.309(c). If the child fails to comply, the child is referred for a non-adversarial hearing before the court. At this hearing, the court may hear from any person the court finds helpful in determining the best path forward, considering the best interests of the child and long-term safety of the community. Code of Criminal Procedure Art. 45.311(a),(b).  If the court determines that the diversion was unsuccessful, the case may be referred to the prosecutor for a possible criminal filing or sent to the Juvenile Court.

More information about these hearings can be found on pages 85-86 of the Juvenile Deskbook.  

  

Additional Resources

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TJCTC Updates 12.11.2024

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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!

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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.

Register on Zoom: https://txstate.zoom.us/webinar/register/WN_BnXHlI0cRhaEuGveolXNBQ#/registration

Juvenile Diversion Forms Update

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

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.

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TJCTC Updates 11.15.2024

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Hello!

Happy Friday. We are excited to announce that we are using a new email provider for these e-blasts, so hopefully you will have less trouble receiving them than with our prior software. (It also makes the job of compiling them a bit easier, so we are really crossing our fingers that it works out)!
We have a few resources to share and a big thank you to all of our Inquest Week participants for a great week of virtual training.

Inquest Week

If you missed it, don’t worry, recordings of most sessions will be live in the next few weeks, so look for an update via email soon.

We also want to remind you that we have some great inquest training coming up at both our regular 20-hour conferences and new judge conferences this year.

Juvenile Criminal Diversions

Just a reminder that there is a new self-paced module explaining the new Juvenile/Youth Criminal Diversion requirements in justice courts.

As part of this training, we are sharing sample diversion plans from across the state. Please reach out to mark.zuniga@txstate.edu if you are willing to share yours.

Legal Topic of the Week
 

Interpreters

If a participant in a court proceeding needs an interpreter for spoken language, or because of a disability affecting their ability to communicate in some other way (American Sign Language, etc.), the court MUST appoint one. Generally, courts will be required to appoint a certified interpreter, but there are limited circumstances where the interpreter does not have to be certified.

A court may appoint a spoken language interpreter who is not a licensed court interpreter:

  • in a county with less than 50,000 residents;
  • in a county with more than 50,000 residents if the language is not Spanish and the court finds that there is no licensed court interpreter within 75 miles who can interpret in that language; or
  • in a county that:
  • is part of two or more judicial districts, that has two or more district courts with regular terms, and that is part of a district in which a county borders on the international boundary of the United States and the Republic of Mexico;
  • borders on the international boundary of the United States and the Republic of Mexico and that is in a judicial district composed of four counties;
  • borders on the international boundary of the United States and the Republic of Mexico and that has three or more district courts or judicial districts wholly within the county; or
  • borders on the Gulf of Mexico and that has four or more district courts or judicial districts of which two or more courts or districts are wholly within the county.
  • Government Code §§ 57.002, 57.002(d-1); Civil Practice and Remedies Code § 21.021.

Even if a county is not required to provide the licensed interpreter, they still must provide an interpreter that is qualified by the court as an expert, at least 18 years of age, and that is not a party to the suit. See TX Gov’t Code Section §57.002(e).

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

Do you have questions about this email or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.

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TJCTC Updates 10.29.2024

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Hello Everyone,

Wow! It is almost the end of October already. It has been a busy month at TJCTC getting ready for the next academic year and getting judges and court personnel registered for conferences and workshops. In this edition of TJCTC Updates, we have a few education opportunities for you as well as our Legal Question of the Month and other resources.

Board Question of the Month

Question: Does this new policy (below) mean I should do something different in eviction cases?

Answer: No. This document outlines limitations and policies that the Borrower/Landlord has to comply with based on the type of loan they received. If the Borrower/Landlord does not follow the policies, then there is a specific penalty outlined in the document. This isn’t something that the court needs to ask about during an eviction case.

Fed-Backed-Fannie-MaeDownload

Registration Updates

Registration has been going smoothly thanks to our Program Administration Team and Home Office Team. If you get a chance, tell Jessica, Darby, Laura, Jasmine, Jeff, Sonya, and Francisco how much you appreciate them!

While many programs are full, there are still some spots available in the following programs for judges & court personnel.

Judges

  • Lubbock 20-hr Conference
  • Austin 10-hr Conference (same week as JPCA Day at the Capitol)
  • Baylor Criminal Trial Workshop
  • Secrets of the Dead Workshop
  • Impaired Driving Symposium

For more information about each program, visit: https://www.tjctc.org/justices-of-the-peace/education-events.html

Court Personnel

  • Virtual Criminal
  • Virtual Civil
  • Rural Clerk Workshop

For more information about each program, visit: https://www.tjctc.org/court-personnel/education-events.html

Civil Process

  • Registration for Civil Process will open next week.

For more information about next year’s programs, visit: https://www.tjctc.org/civil-process/education-events.html

Any elected constable who has not yet completed their 1415 TCOLE requirement for this training cycle will receive an early registration link from Laura Villarreal at lv13@txstate.edu by 10/29/2024.

Domestic Violence Awareness Month

Texas Advocacy Project Webinar: Power & Control: Going Beyond the Basics of Intimate Partner Violence

This training session will delve into the complexities of intimate partner violence, helping participants to recognize abusive tactics and identify high-risk indicators. We will also tackle common myths and misconceptions, shedding light on the barriers that make leaving an abusive relationship so challenging. Additionally, we’ll explore the impact trauma has on survivors and share empowering strategies to enhance their safety and support.

October 31 from 10 – 11 am

Registration Link: https://us02web.zoom.us/meeting/register/tZMudeGsqDMsGNW3wsOZlvu93AsKLhMbNC2s#/registration

National Center for State Courts Trending Topic

Remote Justice: Virtual Support for Domestic Violence

Technology has been associated with exacerbating safety concerns for many survivors of domestic violence. Abusers may violate privacy and security online to maintain control over their partners. However, technology has recently proven to be of benefit in the form of support system for survivors.

Read the full article here: https://www.linkedin.com/pulse/remote-justice-virtual-support-domestic-p6f2e/

Constable’s Corner: *NEW* Civil Process Proficiency Certification(CPPC) Exam Study Guide 

If you are preparing to take the CPPC Exam, check out the new self-paced study guide with information about how to take the test and what information it will cover.

You can access the study guide on the TJCTC Self-Paced Module Page, here: https://www.tjctc.org/onlinelearning/selfpacedmodules.html

Happy Halloween! As always, we look forward to seeing you soon.

– Thea and the TJCTC Team

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Online Education Update

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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

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TJCTC Updates 8.9.2024

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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 24th for the Summer round of clerk testing. TJCTC will accept registrations from July 24th to August 14th. If you register during that period, you can take the exam between August 1st and August 30th. 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

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TJCTC Updates 4.22.2024

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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

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.

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

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

 

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

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TJCTC Updates 12.13.2023

Good Afternoon Judges, Constables, & Court Staff,

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

 

TJCTC Holiday Hours & Legal Calls

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

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

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OCA Court Security Incident Reporting

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

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

Court Security Incident Report

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

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

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

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

Learn a Foreign Language Month

 

Updated Resources

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

*New* Juvenile Criminal Diversions Webinar/Recording for Credit

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

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

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

*New* Interpreters & Spanish Terminology Self-Paced Module

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

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

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National Center for State Courts Webinar on Mental Health Diversion

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

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Database and Website Help

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

FAQs:

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

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

TJCTC Website Resources

Using the new TJCTC Database

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Happy Holidays!

Thea & the TJCTC Team

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Posted on

TJCTC Updates October 11, 2023

Good Afternoon Judges, Constables, & Court Staff,

It has been a while since we have sent out a legal update, so we have quite a few things to share. Below we discuss several hot legal topics, updated resources, new online content, and our most up-to-date legal question procedure, so make sure you scroll all the way to the bottom!

 

Hot Topics

Administrative Closure in Receivership

Many courts have received requests from a receiver to “administratively close” a receivership once a payment plan has been reached between the receiver and the debtor. There isn’t statutory authority to administratively close a receivership.

When a court receives a request like this, they may:

  • do nothing and keep the receivership as is,
  • extend the receivership,
  • sign an order limiting or changing the receiver’s powers if they no longer need them to complete their duties, or
  • end the receivership.

If a receivership is ended or expires and the debtor defaults on their payment plan, the judgment creditor can always seek the re-appointment of a receiver or utilize some other judgment enforcement tool.

TJCTC recommends that if a receivership is extended, the court keep regular check-ins as a requirement of the receiver, at least once every 180 days. These check-ins can easily be done by phone, Zoom, or email.

Often these requests come to court because the receiver is seeking payment of their fees, at least in part. Courts have the discretion to order receiver fees disbursed at any time during the receivership for work that has already been performed.

Enforcing Arbitration Awards

With the rise of virtual arbitration, courts are receiving more requests to enforce an arbitration award. We discuss the full process for handling these cases starting on page 73 of the Civil Deskbook. Please review this if you receive one of these requests.

Sometimes arbitrations are conducted by large national arbitration companies, so the packets they provide may seem strange, as they cite the Federal Arbitration Act instead of the Texas Arbitration Act. However, in the cases we have discussed with judges, they are still properly filed here, because the arbitration took place here in Texas (the parties were here when they logged onto the arbitration).

HB 3956 – DNA Samples

This bill requires law enforcement to collect DNA samples from any defendant arrested for a felony offense during the booking process. This might affect judges who magistrate, because if a defendant refuses or for some reason a sample is not collected, Code of Criminal Procedure Art. 17.47 requires this to be listed as a condition of bond for felony offenses.

 

Updated Resources

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

*New* Interpreters & Spanish Terminology Self-Paced Module

We just posted a brand-new module that 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.

*New* Juvenile Criminal Diversions Webinar

This webinar will discuss the details of the new Juvenile Diversion procedures as well as leave time for your questions. Please join us on Monday, October 30, 2023 at 2:00 pm on Zoom. Registration will open soon, and you should receive an email.

 

Legal Question Procedure

The legal department at TJCTC is happy to assist you with your legal questions, and we want to remind you of the best procedure to get your questions answered as quickly as possible. We know in the recent past we have had some phone issues, but now that should be all cleared up!

You have two options:

  1. One of the attorneys will be answering legal questions from 9:00 am – noon and 1:30 – 3:00 pm daily when we are not traveling to or teaching at a program. You can reach them by dialing 512-347-9927 and pressing 1 when asked for an extension. Note, often you may have to leave a voicemail and wait for a call back, because we are either on another call or at a program. Please note that missed calls without voicemails will not be returned.
  2. Post your question to the legal board. Within 5 business days (often sooner) one of the attorneys will post the answer to your question.

FAQ:

Can’t I just call my favorite attorney?

No. Any legal question voicemails or calls will be forwarded to the attorney on call. This is to ensure that we have someone answering calls each week and the other attorneys can work on resources, materials, and classes for the upcoming programs.

Can I just send an email?

No. Emails with legal calls will receive a reply asking you to post on the legal board or call the legal line for the same reasons listed above.

 

Thank you so much for your time and attention!  The TJCTC team is looking forward to another great year with all of our court staff, constables, and justices of the peace. Note, these new update emails will be saved to the TJCTC Blog, The Docket, so you can access them anytime.

All the Best,

Thea & the TJCTC Team