Tag: NCSC

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TJCTC Updates 1.16.2025

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Online Training and Resources

This edition of Updates is relatively light on content, but we wanted to make sure to share a few online training resources this week.

It has been a delight seeing judges and court staff as we kicked off the new academic year, and we are all looking forward to seeing more of you and the constables and deputies as we hold more conferences over the next few months.

As always, we hope you have a great week and stay warm out there!

Constable Corner

Law Enforcement Policy Trends

As policies change with the times, it is important for agencies to stay up-to-date. Lexipol recently posted their 5 Policy Trends for Law Enforcement Leaders in 2025 tip sheet to their blog, highlighting critical areas where agencies must adapt to remain effective and resilient. 

Read the blog post: https://www.lexipol.com/resources/blog/law-enforcement-policy-trends-to-watch-in-2025/

NCSC Webinar – Tech for All: Applications of AI to Increase Access to Justice – Wednesday, January 29 at noon

Join NCSC staff and guest presenters to explore the potential of artificial intelligence (AI) in enhancing access to justice for underserved communities.

Wednesday, January 29, 2025, from noon – 1 pm

Presenters will discuss how they are safely and effectively leveraging new technologies to make the legal system more accessible. Participants will learn about practical applications of AI and discover the potential for democratizing access to legal information for increased participation in court cases and proceedings. The presenters will also share compelling case studies that demonstrate how AI can directly assist individuals seeking justice.

By the end of this webinar, participants will be able to:

  • Assess the potential benefits of implementing self-help AI solutions
  • Understand the complexity and cost of developing and implementing a self-help AI tool, including the skillsets and resources necessary
  • Describe the building blocks for a self-help chatbot

Register: https://zoom.us/webinar/register/WN_ZUPPIm9pQLiEo5aV-UR30w?utm_campaign=646908_Tech%20for%20All%3A%20Applications%20of%20AI%20to%20Increase%20Access%20to%20Justice&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,DV5O,4VW08I,23BMQ,1#/registration

NCSC Online Course in Support of National Human Trafficking Prevention Month

New online course connects courts with CDL drivers in the fight against human trafficking.

A new NCSC course gives courts an opportunity to connect with Commercial Driver’s License (CDL) holders to raise awareness about human trafficking.

CDL Drivers and Courts: On the Road to End Human Trafficking is a free, 45-minute, interactive, self-paced online course developed by NCSC Creative Learning Services (CLS).

Courts are encouraged to share messaging about the course in notices or public information geared toward CDL drivers. Course completion may also be court ordered as an appropriate sentence requirement or condition of probation, parole, or community service.

“With about 8.7 million commercial motor vehicle drivers in the U.S., this initiative provides an opportunity to reach a significant number of commercial drivers with information to help them detect and report human trafficking,” said Derek Felton, NCSC CLS director. “State courts and judges can actively participate by promoting the course and reinforcing certain messaging at various CDL holder touchpoints.”

The course covers essential signs of trafficking, discusses how to report suspicious activity, and provides insights into potential victims, perpetrators, and common trafficking locations.

How courts can help

Additional resources available to courts and justice system partners to help raise awareness include a judicial bench card, a reference card for prosecutors, digital signage content, social media graphics, and flyers and rack cards.

Felton encourages courts to begin supporting the CDL Drivers and Courts initiative this month, which has been designated National Human Trafficking Prevention Month.

To learn more about the course and access the implementation guide and resources, visit ncsc.org/cdlhtainfo. 

Video Series from Austin Young Lawyers Association – Did you miss it last year?

Austin Young Lawyers Association has launched “How to Pick Jurors for Your Trial in Justice Courts and Municipal Courts” video series. AYLA received a Texas Bar Foundation grant to produce these educational series for pro se litigants. The video project made possible with the support and efforts of the Travis County District Clerk.

This is a great resource to share with self-represented litigants who have questions about the trial process, especially jury selection.

You may also notice a special appearance by your colleague, Judge Sylvia Holmes. 

Here is the link to the series: https://lnkd.in/eEpgdFdu

Do you have questions about this 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 1.6.2025

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Happy New Year!

Welcome back to the office (hopefully you all had at least a little well-needed time off this holiday season)!

We wanted to kick this year off right with some resources and updates. 

Countdown to the New Year: 10 Ways to Ring in Your Mental Health

As we start a new year, judges, court staff, and law enforcement are often faced with hard cases and burnout, making some of those resolutions to take care of your health even harder!

Take a look at this article from Mental Health First Aid about how to look after your mental health and that of your friends, family, and co-workers this season.

Clerk Testing Goes Live Tomorrow!

It’s time! Exam registration opens tomorrow at 8 am.

To register for the exam just head to our exam website and click on “1. Register to take the exam online” then click the link for the appropriate exam.

This will take you to log into your TJCTC account and then you register like you would for one of our conferences.

To take the Master exam you must already be level one certified (you only need to have passed one of the level one exams).

Registration closes on January 16. The exams will open on January 17th and close on February 14th. For questions contact Darby Swoboda at d_s520@txstate.edu. 

Continued Guidance on Magistration in Open Court

TJCTC has continued to receive questions on the ruling in Texas Tribune v. Caldwell County case from the Fifth Circuit Court of Appeals. 

There have been concerns about not having enough time to implement procedures to make magistration hearings open. Unfortunately, this is just the nature of how court rulings can impact local procedures. Going forward, magistration proceedings must be open.  

Please continue to work with your local partners – county/district attorneys, sheriff, and jail staff to ensure that your magistration proceedings are open. You can read more about the case in an earlier post on The Docket.  

Read more from other groups here: Texas Commission on Jail Standards and Texas District and County Attorney’s Association.

NCSC Self-Represented Litigants:

The National Center for State Courts (NCSC) has compiled a page of resources for courts to use when assisting self-represented litigants (SRLs), including some very helpful videos that you can share on your website or in the courtroom!

Access the Resources Page: https://www.ncsc.org/consulting-and-research/areas-of-expertise/access-to-justice/self-represented-litigants

Access the Videos: https://www.ncsc.org/consulting-and-research/areas-of-expertise/access-to-justice/a2j-videos

Substance Use Disorder Treatment Month

In January, the Center for Substance Abuse Treatment at the Substance Abuse and Mental Health Services Administration (SAMHSA) will be kicking off the first national Substance Use Disorder Treatment Month – a time to raise awareness of the benefits and availability of evidence-based treatments for people with a substance use disorder.

So, check out our their Treatment Month Toolkit, and keep your eyes on all of SAMHSA’s social media platforms. There you’ll find our tips, resources and even webinars to help people learn more about what substance use disorder is and how it can be effectively treated.

Poverty Awareness Month

Every January is National Poverty Awareness Month. 

This is a great time to think about access to justice issues in your courts and communities, because they are often related to poverty.

Some resources to review are:

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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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Educational Opportunities October 2024

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Judges, Constables, and Court Personnel,

We have several exciting education opportunities to share with you.

State Bar of Texas Justice Court Section Webinar

Obscure Issues in Justice Court

Friday, October 25, 2024, Noon CDT

Presenters: Rebecca Glisan, TJCTC Director of Curriculum, and Judge Sylvia Holmes

This session will offer 1 hour MCLE credit. After registering, you will receive a confirmation email with a link to join the webinar.

This course will cover various tricky issues that may arise in justice courts. Topics will include peace bonds, discovery, alternative service, and more.

Registration Link: https://us06web.zoom.us/meeting/register/tZUud-2orjwqGNz0DIi-jcIE18oy569CDdKe#/registration

TJCTC Webinars

Coming Soon Inquest Webinar Series November 12-15. Mark your calendars, the full schedule will be coming out next week. Topics will include missing migrants, unidentified bodies, suicide deaths, organ and tissue donation, and more!

National Center for State Courts (NCSC) Webinars and Resources

Cybersecurity

October is Cybersecurity Awareness Month, a great time to take a look at the training and resources that NCSC has available on the topic.

Link: https://www.ncsc.org/consulting-and-research/areas-of-expertise/technology/cybersecurity?utm_campaign=582857_%40the%20Center%20October%202%2C%202024&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,CHQH,4VW08I,1VTZN,1

Other Upcoming Webinars (including topics like Artificial Intelligence, Civil Diversion Programs, Behavioral Health, and Developing a Leadership Culture)

Link: https://www.ncsc.org/consulting-and-research/webinars

2024-2025 In-Person Education Event Schedules Released

Did you notice that our website has been updated with all of the 2024-2025 Upcoming Conferences and Workshops? Take a look at “Education Events” under your tab (Judges, Court Personnel, Constables) to see where our programs will be held this year. Look for a brochure online and in your mailboxes soon!

Registration Dates:

Justice of the Peace Registration – Open now!!!

Note, several of the in-person conferences have filled, but we still have more than 225 spaces available for judges to get at least 10 hours of their education in person. Log on ASAP to secure your spot or get on a waitlist for one of the full programs.

Court Personnel Early Registration (ONLY for clerks who were not able to attend a conference this year) – October 22

Eligible clerks will be emailed a special link for early registration. 

Regular Court Personnel Registration – October 28

Civil Process Registration – November 5

Judicial Education Requirements

Did you have to rush to complete last minute requirements this year? Check out this page on our website to make sure you know exactly what you need for this academic year that began on September 1, 2024: https://www.tjctc.org/justices-of-the-peace/education-requirements.html

Constable Education Requirements

This is the last year of the 4-Year TCOLE Training Cycle (9/1/21-8/31/25). Make sure if you are an Elected Constable, you are able to log on to register if you haven’t yet completed your 1415 Civil Process requirement. We are working hard to ensure that all elected constables are able to get into our programs, but space in your preferred program might fill early! This year we will have programs in Galveston, Austin, El Paso, and virtually. You can view the dates on our website: https://www.tjctc.org/civil-process/education-events.html

Please feel free to reach out to us if you have questions. Laura Villarreal at lv13@txstate.edu is your point of contact for registration. 

If you have questions about your other TCOLE Requirements, you can likely find the answer on the TCOLE Website: https://www.tcole.texas.gov/content/training-requirements.

Constable Corner – Free Online Training

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/.

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TJCTC Updates 9.25.2024

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Hello Everyone!

September and the Back-to-School Season has flown by! At TJCTC we have been busy working with the JPCA Education Committees and Faculty on our next academic year of training. Spoiler alert – we think it is going to be great. Make sure you read all the way to the bottom for updates on training registration and more.

*Important* National Survey for Death Investigation Information

All Justices of the Peace in counties without a medical examiner’s office should have received an email earlier this month from RTI International on behalf of the Bureau of Justice Statistics (BJS), directing them to the Census of Medical Examiner and Coroner Offices (CMEC) website to confirm their office information and indicate if they perform death investigation functions. This information will be used in early October to send the survey to the appropriate person within each office.  

The Census of Medical Examiner and Coroner Offices (CMEC) was created by the Bureau of Justice Statistics (BJS) in 2004 as the first nationwide data collection effort designed to capture crucial information regarding the patchwork of Medical Examiner and Coroner offices across the United States. RTI International (RTI) conducted the CMEC on behalf of BJS, and subsequently completed a second iteration of the census in 2018.  The report from the 2018 CMEC can be found at https://bjs.ojp.gov/content/pub/pdf/meco18.pdf.  

We are excited to share that data collection for the 2023 CMEC will begin in early October of this year. Topics covered will include budget, staffing and salaries, caseload, and other relevant measures and practices (e.g. is there a computerized case management system, how many scene investigations are done).  Also new this year will be the inclusion of Justices of the Peace in Texas who performing death investigations. 

If there are questions or if you did not receive an email, please email cmec@rti.org to get your log in information so you can confirm your role.

Legal Question of the Month

Is a Driver’s License required in order for a person to be placed on Deferred?

No, that is not a requirement for deferred disposition under CCP Art. 45.051. However, there is a driver’s license requirement for DSC dismissal under CCP 45.0511. For more information (including an exception to this requirement), please see p. 54 of TJCTC’s Criminal Deskbook: https://www.tjctc.org/tjctc-resources/deskbooks.html.

We have had several questions lately about offenses being eligible for DSC or Deferred. Chapter 5 of the Criminal Deskbook (at the above link) is all about DSC, Deferred, and other Dismissals. You can likely find your answer there. In addition, don’t forget about the TJCTC Charts & Checklists Page: https://www.tjctc.org/tjctc-resources/charts-and-checklists.html where we have flowcharts for both DSC and Deferred.

Online Education Opportunities

NCSC Webinars

Transitioning To a New Leadership Role

October 9th, 2024

Court Systems rely on effective leadership to operate effectively and efficiently, and leadership requires more than just seniority or title.
Embracing a new leadership position can be a transformative experience that can lead to personal growth and professional development. It also sends a signal that the organization is committed to promoting growth within. Transitioning into a new leadership role allows individuals to showcase their skills and make a positive impact on their teams and organizations.
In this session, we will explore techniques for successfully positioning yourself for leadership opportunities. Panelists will share their personal insights on their own experiences with transitions into leadership roles while discussing the challenges they encountered, and lessons learned along the way.

Register Here: https://www.ncsc.org/conferences-and-events/events-calendar/2024/webinars/october/webinar-transitioning-to-a-new-leadership-role

Navigating AI in Court Systems – Ethics, Legal Frameworks, and Practical Tools

October 16th, 2024

The integration of AI in court systems promises enhanced efficiency and decision-making capabilities. However, it also raises significant ethical and legal challenges that courts must address to maintain public trust and uphold the principles of justice.
This session, an extension of the first ethics webinar, Ethics of Generative AI: A Guide for Judges and Legal Professionals, will assist participants in developing an AI ethics infrastructure to ensure that AI technologies are used responsibly and ethically. A proactive approach that includes guiding principles, standards, and protocols helps courts prevent misuse, bias, and potential harm, thereby safeguarding the integrity of the judicial process and preserving public trust and confidence in our legal system.

Register Here: https://www.ncsc.org/conferences-and-events/events-calendar/2024/webinars/october/webinar-navigating-ai-in-court-systems-ethics,-legal-frameworks,-and-practical-tools

2024-2025 Education Event Schedules Released

Did you notice that our website has been updated with all of the 2024-2025 Upcoming Conferences and Workshops? Take a look at “Education Events” under your tab (Judges, Court Personnel, Constables) to see where our programs will be held this year. Look for a brochure online and in your mailboxes soon!

Registration Dates:

Justice of the Peace Registration – October 8

Court Personnel Early Registration (ONLY for clerks who were not able to attend a conference this year) – October 22

Regular Court Personnel Registration – October 28

Civil Process Registration – November 5

Judicial Education Requirements

Did you have to rush to complete last minute requirements this year? Check out this page on our website to make sure you know exactly what you need for this academic year that began on September 1, 2024: https://www.tjctc.org/justices-of-the-peace/education-requirements.html

Constable’s Corner: Constable Education Requirements

This is the last year of the 4-Year TCOLE Training Cycle (9/1/21-8/31/25). Make sure if you are an Elected Constable, you are able to log on to register if you haven’t yet completed your 1415 Civil Process requirement. We are working hard to ensure that all elected constables are able to get into our programs, but space in your preferred program might fill early! This year we will have programs in Galveston, Austin, El Paso, and virtually. You can view the dates on our website: https://www.tjctc.org/civil-process/education-events.html

Please feel free to reach out to us if you have questions. Laura Villarreal at lv13@txstate.edu is your point of contact for registration. 

If you have questions about your other TCOLE Requirements, you can likely find the answer on the TCOLE Website: https://www.tcole.texas.gov/content/training-requirements.

Looking forward to seeing you at a conference or workshop soon!

– Thea & the TJCTC Team

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TJCTC Updates 8.29.2024

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Hello Everyone!

Happy almost Labor Day Weekend. We have a few training opportunities to share, and a new Juvenile Criminal Diversion Plan Checklist to help you with the plans due in January.

Juvenile Criminal Diversion Plans

Have you started working on plans for your court’s juvenile criminal diversion plan as required by the last legislative session? If not, that’s okay! We have some resources available to help you, including a new checklist. We will also be discussing these plans at all of this year’s Justice of the Peace and Experienced Court Personnel Conferences.

Juvenile Deskbook Chapter 3A Juvenile Diversions

Juvenile Criminal Diversion Plan Checklist

Juvenile Criminal Diversions Webinar

Coming Soon Juvenile Criminal Diversions Self-Paced Module

In addition to our resources, the Texas Municipal Courts Education Center (TMCEC) also has resources available on this topic. https://www.tmcec.com/youth-diversion/ 

New Self-Paced Modules

Several new Self-Paced Modules have went live on the TJCTC website recently. This week, Residential Evictions: Step by Step was added. Self-Paced Modules can be found at https://www.tjctc.org/onlinelearning/selfpacedmodules.html.

NCSC Webinar

Back To School: Legal Advice vs. Legal Information – A Court Staff Essential

Sep 4, 2024, at 02:00 PM

Unsure about the difference between legal information and legal advice? You’re not alone! This session will hit the important highlights to help you confidently navigate this important issue when interacting with the public. Use this training to enhance or develop resources and guidance for your court or community.

Who Should Attend?

  • Courtroom Clerks
  • Probation Officers
  • Self-Help Center Staff
  • Court Navigators
  • Anyone who interacts with the public on legal matters

Learn more and sign up on Zoom: https://ncsc-org.zoom.us/webinar/register/WN_vm2EtY55Rdu0JT5RzfvJlg?utm_campaign=544834_Webinar%3A%20Training%20on%20legal%20information%20versus%20legal%20advice&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,BOEA,4VW08I,1R6ZA,1#/registration 

National Alliance to Stop Impaired Driving (NASID) Conference

NASID is excited to bring together national experts in impaired driving as we examine the whole DUI system through engaging presentations and interactive discussions. These discussions will include gaps and challenges to impaired driving data, attention to trends in drugs and other substances, detection methods including needed chemical testing protocol enhancements, DUI enforcement, prosecuting the drugged driver, mental health and impaired driving, and existing and emerging technology through screening and assessment.  

The NASID Conference will be a great place for networking opportunities for attendees across the traffic safety field to help eliminate impaired driving. We have multiple networking breaks planned throughout the conference and a networking reception on the first night.

November 18, 2024 – November 20, 2024

Renaissance Arlington Capital View Hotel
2800 South Potomac Avenue
Arlington, VA 22202

Government employee and Not for Profit (NPO) registration is $350, other attendee registration is $500. 

You can register now and use the purchase order option for later payment.

Here a few helpful links for the conference:

Texas Department of Transportation Save A Life logo

On that note, please be safe out there this Labor Day Weekend! Any questions about this e-blast can be directed to Amber Myers at a_m1814@txstate.edu.

– The TJCTC Team

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TJCTC Updates 4.17.2024

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Judges, Constables, Deputies, and Court Staff,

We hope your April is going well. It has been nice seeing all of the beautiful wildflowers blooming as we drive to programs! In this edition of updates we have an updated sample confidentiality policy for you to use with your offices, Stress Awareness Month resources, a recent Attorney General Opinion, and more. Don’t forget to scroll all the way down!

 

Confidentiality Policy Requirement Goes Into Effect May 1 – TJCTC Sample Policy

In February, as required by the Texas Legislature during the 2023 session, the Texas Supreme Court modified Rule of Judicial Administration 7.1 to require all courts, including justice courts, to implement a confidentiality policy. The policy must be provided to existing employees at least biannually, and all new employees must be trained on the policy before performing any substantive work.

Courts must implement this policy no later than May 1, 2024. Download TJCTC’s sample policy.

Read the Rules of Judicial Administration.

 

Attorney General Opinion KP-0426

Re: Whether a constable may simultaneously serve as a municipal court judge (RQ-0517-KP)

Summary

Constitution and conflicting-loyalties incompatibility preclude a municipal judge from simultaneous serving as a constable.

 

Stress Awareness Month

We know that your jobs are stressful. Click the photo below to see resources we have compiled to help you reduce your stress and promote wellness in your offices.

Stress Awareness Month

National Center for State Courts Explainer Video Series

Presented in English and Spanish, this new access to justice explainer video library offers eight short videos that courts nationwide can use to assist the public:

  • Understanding Court Help: Legal Advice vs. Legal Information
  • Navigating the Court System Without a Lawyer
  • Legal Language 101: Understanding Key Terms in Court Cases
  • Understanding Small Claims Court: A Simplified Guide
  • Demystifying Legal Procedures: What Does it Mean to File a Motion
  • Understanding the Difference Between Civil and Criminal Cases
  • Understanding Court Papers: What to Do After Being Served
  • Decoding Court Jargon: Understanding Common Procedural Terms

Check the videos out on the NCSC Website.

 

Coroner Talk Podcast

At a recent program, Judge Woolley suggested a podcast he enjoys on the topic of inquests. We thought some other judges may be interested. It’s presented by Darren Drake, the elected coroner for the county in Missouri in which he resides.  You can find the podcast on YouTube, https://coronertalk.com/, or wherever you get your podcasts.

 

We hope that these resources are helpful, and we look forward to seeing you at a program soon!

Thea and the TJCTC Team

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TJCTC Updates 4.01.2024

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Hello Judges, Constables, and Court Staff,

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

SB 4 Update

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

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

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

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

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

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

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

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

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

The Court gives an example that might be worth following:

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

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

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

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

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

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

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

State Bar Justice Court Section Webinar

The State of Debt Collection in Justice Courts, 1 hr

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

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

Speaker: Michael Scott

April 12, 2024 at 12:00 PM CDT

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

NCSC Webinars and Programs

Tiny Chats

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

Highlights in Fines and Fees Reform

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

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

April is Retiring

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

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

Thea & the TJCTC Team

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TJCTC Updates 3.13.2024

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Good Afternoon Judges, Constables, & Court Staff,

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

TJCTC Webinars

Implementing SB4: Magistrate’s Order to Return

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

Have you heard of TMORT?

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

Friday, March 29 at 10:00 am

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

NCSC Webinars

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

TODAY at 10 am

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

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

Learn more and register on NCSC’s website.

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

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

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

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

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

Learn more and register on NCSC’s website.

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

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

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

AI Information Database

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

They even feature an article from Texas Law Help.

Access the database on the LSNTAP website.

Do you follow TJCTC on social media?

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

Stay safe out there!

Thea & the TJCTC Team

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TJCTC Updates 2.23.2024

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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

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