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.

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:

  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

Happy Holidays!

Thea & the TJCTC Team

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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