TJCTC Updates 4.24.2025

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Online Learning, News, & Legislative Updates

This edition includes some interesting online learning opportunities, a few news updates, and the below button to sign up for our upcoming Legislative Updates in case you missed our earlier emails.

Visit https://www.tjctc.org/legislative.html to register for a Legislative Update.

Updated Moving Violation Link

The link for the chart of Moving Violations has been updated. This is the list courts use to determine Driving Safety Course eligible offenses for defendants under the age of 25. 

The new link is: https://www.sos.texas.gov/texreg/archive/October252024/tables-and-graphics/202404823-1.pdf 

TJCTC materials will be updated later this year to include this new link and other legislative changes.

Note: There has been some confusion about when this list is used, but nothing has changed for that purpose – the web link was the only change. For more information about when to use this list, please see pages 46-48 of the Criminal Deskbook.

15th Court of Appeals Court Overturned San Marcos’ Marijuana Decriminalization Ordinance

Earlier this month, the Fifteenth Court of Appeals sided with the State of Texas in its lawsuit against the city of San Marcos, mayor, city council and police chief. The court found the ordinance violates Section 370.003 of the Texas Local Government Code, which prohibits local governments from adopting policies that do not fully enforce state drug laws.

The ordinance barred San Marcos Police Department (SMPD) from arresting or citing individuals for marijuana possession of up to four ounces, except under limited felony-related circumstances. The ordinance also prohibited the use of THC testing for prosecution, the use of marijuana odor as probable cause and citations for paraphernalia or residue.

What does this mean for justice courts? 

While this isn’t fully settled across the state, you may see similar ordinances in your area being changed or not enforced. You may see more class c offenses related to marijuana or THC in your courts.

Read the case

Note, the topics of hemp, marijuana, and THC have also been referenced in pending legislation, so there might be more news about related laws later this summer.

**This week** Webinar from State Bar Justice Court Section: Repair and Remedy and Repair and Deduct Claims in Justice Courts

FridayApril 25, 2025, Noon – 1 pm 

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

Course Description: This presentation will provide a statutory and procedural overview of Repair and Remedy and Repair and Deduct claims, both governed by Chapter 92, Subchapter B of the Texas Property Code, in Justice Courts. Additionally, this presentation will review relevant caselaw related to Repair and Remedy and Repair and Deduct claims and further provide practical considerations and best practices.
We hope to see you in attendance!

Instructors: Marisela Gonzales and Stuart Campbell 

Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association. 

Register: https://us06web.zoom.us/meeting/register/9tGEclvBQ7-SRjE9A6MuvA#/registration

From the Judicial Commission on Mental Health

JCMH Rural Issues Committee

Rural communities in Texas make up an overwhelming number of jurisdictions in the state, and the issues they face are unique and often overlooked. Limited access to healthcare professionals, travel distances, and funding issues are among the most-common issues we’ve heard raised by rural communities, and so JCMH is launching a committee dedicated to focusing on the issues faced by rural communities at the intersection of mental health and justice. 

This committee will focus on collaboration, idea-sharing, and adapting solutions to rural communities. Bringing together experts and community and judicial leaders can develop sustainable solutions, and raise common obstacles for statewide consideration. Keep an eye out for more information on partnering in these efforts, and email us at jcmh@txcourts.gov to express interest or share your ideas!

Upcoming TJCTC Webinars

Clearing Your Docket While Helping Your Community: An Update

June 5th from 2:00 – 4:00 pm

This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.

It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates

Register: https://txstate.zoom.us/webinar/register/WN_spcexLIFROSVykhcZrpsZg#/registration

Updated Self-Represented Litigant (SRL) Page

Did you know that TJCTC updated our Self-Represented Litigant Page? 

We made some updates and added a few more resources. Make sure you take a look and feel free to share with people who come to your court looking for assistance.

Note: There are several great videos about court procedures from the National Center for State Courts and the Austin Young Lawyers Association available there now as well.

Check out the SRL Page: https://www.tjctc.org/srl.html

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Updates 4.9.2025

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Registration Updates & More!

You should have received an email earlier today about registration for legislative updates. If you missed it, you can view it online.

This is a short update with reminders for upcoming online programs. Don’t forget to scroll to the bottom to hear about the updated SRL Page.

Updated Moving Violation Link

The link for the chart of Moving Violations has been updated. This is the list courts use to determine Driving Safety Course eligible offenses for defendants under the age of 25. 

The new link is Figure: 37 TAC §15.89(b). 

TJCTC materials will be updated later this year to include this new link and other legislative changes.

Legal Question of the Month

Question: Under Texas law, can a claimant recover damages for negligence if they are more than 50% at fault, and how is their recovery affected if they are partially at fault?

Answer: No, under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if their percentage of responsibility is greater than 50%. If the claimant is 50% or less at fault, they may recover damages, but under Section 33.012(a), the amount is reduced by their percentage of responsibility. The process of assigning percentage of liability is called Modified Comparative Negligence or Proportionate Responsibility. 

This is a question for the jury to answer in a jury trial and TJCTC has a special verdict form that can be used if it is a questions. The jury cannot be advised about any consequences of their answers related to proportionate responsibility.

Do you want to learn more? 

You can watch the recording for credit: How Much Should the Judgement Be? Calculating Damages in Civil Cases for more information.

Webinar from State Bar Justice Court Section: Repair and Remedy and Repair and Deduct Claims in Justice Courts

FridayApril 25, 2025, Noon – 1 pm 

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

Course Description: This presentation will provide a statutory and procedural overview of Repair and Remedy and Repair and Deduct claims, both governed by Chapter 92, Subchapter B of the Texas Property Code, in Justice Courts. Additionally, this presentation will review relevant caselaw related to Repair and Remedy and Repair and Deduct claims and further provide practical considerations and best practices.
We hope to see you in attendance!

Instructors: Marisela Gonzales and Stuart Campbell 

Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association. 

Register for the webinar: https://us06web.zoom.us/meeting/register/9tGEclvBQ7-SRjE9A6MuvA#/registration

Upcoming TJCTC Webinars

Law & Literature Webinar **THIS WEEK**

April 10th from 2:00 – 3:00 pm

Do you want to get paid to be part of a book club?  Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.

Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book.  Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!

Register for the webinar: https://txstate.zoom.us/webinar/register/WN_Er9LPQhaTl2jltrLKgyicQ#/registration

Clearing Your Docket While Helping Your Community: An Update

June 5th from 2:00 – 4:00 pm

This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.

It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates.

Register for the webinar: https://txstate.zoom.us/webinar/register/WN_spcexLIFROSVykhcZrpsZg#/registration

Updated SRL Page

We made some updates and added a few more resources. Make sure you take a look and feel free to share with people who come to your court looking for assistance.

Note: There are several great videos about court procedures from the National Center for State Courts and the Austin Young Lawyers Association available there now as well.

Check out the SRL Page: https://www.tjctc.org/srl.html

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