Tag: sb 4

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TJCTC Updates 7.8.2025

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Returning After the Holiday

As we head into this first week after the July 4th holiday, our thoughts are will those in the Hill Country and across Texas who were affected by the storms and flooding. At the bottom of this email, we have compiled a list of organizations working on the ground that you may be able to utilize or share with members of your community. 

Today’s updates include a few legal announcements, including an emergency order affecting the Hill Country in addition to information about upcoming trainings. Note, we have announced an additional virtual Civil Process Conference for those needing to get their TCOLE requirements this cycle.

We have received several calls about legislative changes. We are hard at work going through the changes to explain them to you and update materials! If you missed it, our legislative update programs are open for registration. Sign up at www.tjctc.org/legislative.

Emergency Order

Today the Texas Supreme Court issued a First Emergency Order on the Hill Country Flood State of Disaster.

Key provisions of the order include:

– Court proceedings throughout Texas should be delayed or modified where reasonably necessary to cope with this disaster.

– Pursuant to section 22.0035(b) of the Texas Government Code,3 any statute of
limitations applicable to a civil claim is suspended if the claimant shows that
this disaster prevented the timely filing of the claim.

– Pursuant to section 22.0035(b) of the Texas Government Code, all courts in
Texas should consider disaster-caused delays as good cause for modifying or
suspending any deadline or procedure—whether prescribed by statute, rule, or
order—in any case, civil or criminal.

– All attorneys and litigants are strongly encouraged to cooperate with opposing
counsel, opposing parties, and court personnel to reach agreement on
reasonable extensions of time and any other accommodations made necessary
by this disaster.

The order expires on August 6, 2025, unless extended by the Court.

Access the order at this link: https://www.txcourts.gov/media/1460882/259035.pdf

SB 4 Update

n a ruling last week, the Fifth Circuit Court of Appeals affirmed the injunction in place against the execution of Senate Bill 4 from the 2023 legislative session (an immigration law that would allow local police to arrest people they suspect crossed the Texas-Mexico border illegally).

What does this mean?

This means that the laws created by Senate Bill 4 are currently not in effect. If/when there is another update, we will update you. 

Read the full order here: https://www.ca5.uscourts.gov/opinions/pub/24/24-50149-CV1.pdf

Last Civil Process Conference of 2025

Virtual Civil Process Conference
August 19th – 22nd , 2025.
TCOLE #1415 and TCOLE #3131

Note: This will be the final TJCTC course for TCOLE Civil Process (for elected officials) #1415 for this training cycle.

Register by logging in to your TJCTC profile here: https://enroll.tjctc.org/portal/events/reg/participantTypeSelection.do?method=load&entityId=2544790

Impaired Driving Symposium (judges only)

This 8-Hour program will include a range of topics on impaired driving and will include JPs, District Judges, County Judges, and Municipal Judges. Join us from July 30-31 to work with all levels of the judiciary to make Texas roads safer!

This program is sponsored by a generous grant from the Texas Department of Transportation. That means, it is FREE! There is no registration fee and the program comes with 1 free night at the hotel.

Register here: https://enroll.tjctc.org/portal/events/reg/participantTypeSelection.do?method=load&entityId=1898021

Upcoming Training Opportunity

This upcoming conference from Texas Health and Human Services and other partners is a great opportunity for justices of the peace, constables, and other county employees who work in the criminal justice system. 

https://txbhjustice.org/the-summit-2025

TAC RMP Regional Pool Workshops

Various Dates from September 23, 2025 – October 02, 2025 (multi-day)

TAC Risk Management Pool Regional Workshops are scheduled around the state and are designed to be small, intense and topic-specific. These one-day sessions will cover the latest in risk control, human resources and law enforcement.

Who Should Attend?

Elected and appointed officials, decision-makers for the Pool, human resource directors and managers, workers’ compensation managers, and department managers or supervisors.

Registration Fees

The workshops are provided at no cost to county officials and staff.

Learn more and register: https://www.county.org/education-and-events/calendar-of-events/2025/tac-rmp-regional-pool-workshop/overview

Upcoming TJCTC Webinars

Justice for All: Navigating the Legal Landscape of Animal Cases in the Courtroom

July 18th from 1:00 – 3:00 pm

This webinar will address the role of the justice of the peace in animal cruelty cases, as well as other animal-related laws appearing before the court.

In doing so, it will touch upon dangerous dog cases, serious bodily injury cases, civil seizures, appellate process, and thinking outside the box when working with the parties for the greater good of the community. 

Register here: https://txstate.zoom.us/webinar/register/WN_bo5YIvbJQxucJmrU07lp3Q#/registration

Resources for Flood Victims

Red Cross – Information about help and reunification be found on their website – https://www.redcross.org/

2-1-1 Texas – https://www.211texas.org/

Texas Division of Emergency Management (TDEM) – https://tdem.texas.gov/

Legal Aid – to find the appropriate legal aid provider visit – https://www.tjctc.org/srl/srl-attorney-search.html

SAMHSA – mental health support – Call SAMHSA at (800) 985-5990 or text 988 to connect with a trained mental health professional.

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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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Important Update – SB 4

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In the 4th Special Session of the 88th Texas Legislature, the Legislature passed SB 4, a bill which created several new immigration-related criminal offenses, as well as a procedure for magistrates and courts in certain situations to issue orders for defendants to return to a foreign country. The law was scheduled to go into effect March 5, 2024. The United States filed a lawsuit seeking an injunction and was joined by several other plaintiffs, including El Paso County.

On February 29, 2024, a United States District Judge issued a preliminary injunction, blocking the state of Texas from implementing the provisions of SB 4. Gov. Greg Abbott immediately signaled his intention to appeal the decision. For now, the law is not in effect. Please monitor further email updates, as well as www.tjctc.org, for updates and guidance as more information becomes available.

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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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