You may have noticed a new slide on our front page reminding constables that SB 1333 took effect this week, but don’t forget, that’s not the only new law already in effect!
For a full list of bills that have taken effect already, please see the TJCTC Legislative Page and review the materials available to you there. This Update is all about important changes from the legislature, including hot topics still being discussed in the special session, benefits now available to judges and court staff, and Rules updates as a result of the new laws.
Why don’t new court fees and costs go into effect until January 1, 2026?
Government Code Sec. 51.607 requires new or amended court costs and fees (not fines) to go into effect January 1, following the legislative session, even if the bill creating or amending them goes into effect prior to that date.
What is an example of this from this legislative session?
HB 2282 – Warrant Fee
A warrant fee assessed as costs (when applicable) to a convicted defendant will now be $75 instead of $50.
If the fee is assessed before 1/1/26, the fee is $50. If it is assessed on or after 1/1/26 AND the offense date is on or after 9/1/25, the fee is $75.See the updated CCP Art. 102.011(a) & Gov’t. Code Sec. 51.607.
New Supreme Court Rule
Texas Rule of Judicial Administration 12.5
Effective September 1, 2025, The Texas Supreme Court amended Rule of Judicial Administration 12.5 to give effect to HB 5129.
What changed?
The amendments added more personal/family information into the Rule that will be exempt from disclosure when Judicial Records are requested (note, this is different from the rules regarding disclosure of Case Records).
To review the difference between Judicial Records and Case Records, please see Chapter 2 of the Recordkeeping and Reporting Deskbook on the TJCTC Deskbook Page. Note, while this change is already in effect, the Supreme Court may make additional amendments as a result of public comment. As usual, we will keep you updated if any changes occur.
Legal Question of the Month
What is a Squatter??
Squatters have been a hot topic over the last few years, and a new bill, SB 1333, was even called the “Squatter Bill” by the media and others.
So, what is the legal definition of a squatter?
A squatter is a person who commits a forcible entry and detainer (FED) by entering the real property of another without legal authority or by force and refuses to surrender possession on demand. Property Code Sec. 24.001.
It does not count as a FED if the person enters with the consent of:
– A person in actual possession of the property;
– A tenant at will or by sufferance; or
– A person who acquired possession by forcible entry (a squatter).
So, if a person has consent when they enter, they aren’t a squatter!
This definition is very important for some of the new updates to evictions and landlord/tenant law that we saw out of this legislative session. Many of these updates don’t go into effect until January and will be discussed in detail at legislative updates and upcoming conferences and workshops. However, we have had several questions about SB 1333 that we answered in an email to constables and deputies earlier this week. You can read it on The Docket – https://docket.wp.txstate.edu/2025/08/29/civil-process-updates-8-29-2025-important/.
Mass Fatalities & Disaster Relief
After the devastating floods this summer, inquests and mass fatality trainings have been not only a hot topic at the legislature, but also a topic of concern among justices of the peace. No one wants to be caught off guard going into such a hard situation.
Some good news is that we have several trainings available to help justices of the peace get prepared and know who to call when disaster strikes.
There are two recordings for credit that are related to this topic on the Recordings for Credit Page – Have you heard of TMORT? and Resources for Mass Fatalities.
There is also a great self-paced module with helpful information called Unidentified Bodies on the Self-Paced Module Page.
As always, if any new laws from the special session pass and require additional training, we will keep judges in the loop. In the meantime, we will have multiple inquest classes at our regular conferences for judges to brush up on their skills in addition to our library of online resources.
As we come to the end of summer, there are some interesting online learning opportunities and of course legislative updates coming up very soon before we get back into the next year of regularly-scheduled training.
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!
Several of the Legislative Update programs still have seats left:
Beaumont (Judges, Court Personnel, & Civil Process) on August 28
Virtual Civil Process on September 10
Lubbock (Judges & Court Personnel) on September 15
Virtual Judges & Court Personnel on September 17
Some other programs have short wait lists, and you may still get a spot, but it is not guaranteed.
After August 15, please email Jay Takach atjay.takach@txstate.edu if you are interested in joining.
For the next few months, we will be highlighting legislative changes each time we send out Updates.
Our first highlight is SB 2371, related to credit card skimmers on electronic terminals.
This bill created a new class c offense among other statutes related to credit card skimmers. It went into effect on May 27, 2025.
Sec. 607A.102.CRIMINAL OFFENSES. (a) A person commits an offense if the person refuses to allow an inspection of an electronic terminal at the merchant ’s place of business in violation of Section 607A.053. An offense under this subsection is a Class C misdemeanor. (b) A person commits an offense if the person negligently or recklessly disposes of a skimmer that was installed on an electronic terminal by another person. An offense under this subsection is a Class B misdemeanor. (c) A person commits an offense if, knowing that an investigation is ongoing or that a criminal proceeding has been commenced and is pending, the person disposes of a skimmer installed on an electronic terminal by another person. An offense under this subsection is a felony of the third degree
Upcoming Training Opportunity
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.
Lunch and Learn Webinar (court personnel only): From Lockouts to Light Switches: Understanding Writs of Re-Entry and Restoration in Texas
Tired of evictions? Bring your lunch and join us for a Lunch and Learn covering other common landlord/tenant cases like Writs of Retrieval, Re-Entry, Restoration, and Repair and Remedy. We’ll break down how to process and adjudicate these cases with practical tips and real-world insight.
This webinar is TOMORROW, Thursday, August 14th, from 12:00 pm – 1:00 pm.
AI evidence in jury trials: Authenticity, admissibility, and roles of the court and juries
As artificial intelligence (AI) technologies become more prevalent, state courts are likely to encounter AI-generated evidence, such as deepfakes, reconstructed videos, and synthetic documents.
Join the TRI/NCSC AI Policy Consortium to explore the evidentiary challenges posed by both acknowledged and unacknowledged AI-generated evidence in jury trials. Panelists will examine existing legal frameworks for authentication and admissibility and provide practical guidance for judges and attorneys. Special attention will be paid to the unique responsibilities of courts and juries in evaluating the authenticity and reliability of AI-generated evidence, as well as the potential need for updated jury instructions and judicial guidance.
Did you know that August is National Wellness Month?
Take some time this month to reflect on your wellbeing as well as what you can do at the office and at home to promote wellness for your employees/coworkers and family.
It has been a busy March so far, with a JP Conference and a Civil Process Conference back-to-back with JPCA Day right in the middle! We had such a great time welcoming so many of you to Austin!
There are several great webinars and trainings coming up, both from TJCTC and other outside groups. Make sure to scroll down all the way to register for the webinars this week. **There is one this week!**
More than 200 JPCA members at the Capitol for JPCA Day!
The Justices of the Peace and Constables Association had a great showing at the Capitol for your annual legislative day. While members of the TJCTC staff didn’t attend, we sure enjoyed seeing you all before and after at our conferences.
As this legislative session is underway, we wanted to remind you all that TJCTC will provide legislative updates late this summer (registration coming soon), but if you are interested on what is going on at the legislature now, contact your JPCA legislative teams – https://jpca.com/legislative/.
Spots filling fast! (Judges Only)
There are still spots open for justices of the peace at the annual Impaired Driving Symposium held July 30-31 in Denton.
This week is Wellness Week, and Lexipol has compiled a week’s worth of trainings, resources, and reminders for you to be the best you can be mentally and physically! Check them out at the Lexipol website by clicking the button below
Note: This is not a TJCTC sponsored training, but from a reputable criminal justice training agency.
Webinar from State Bar Justice Court Section: From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court
Friday, March 21, 2025, Noon – 1 pm
Judge Ralph D. Swearingin, Jr. and Craig Noack will present From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court. 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 some insights from the bench on post-judgment collections and the appointment of receiverships. Additionally, the presentation will provide an in-depth look at the role of a receiver once appointed, including the behind-the-scenes work involved in collaborating with the judgment debtor
Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association.
Restorative Justice Pathways for Juvenile Offenses
THIS WEEK!!! March 14th from 2:00 pm – 4:00 pm
Explore the critical intersection of emotional hygiene, shame, and juvenile behavior in our powerful session. Discover effective restorative justice strategies designed to promote healing, accountability, and meaningful community involvement within the juvenile justice system. Join us to unlock the power of restorative justice!
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!
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
The Judicial Forum on Mental Health will give county judges and justices of the peace information about the nature of mental illness in the courts, crucial legislative updates and how to create important partnerships.
August 14, 2025 – August 15, 2025
08:00 AM – 05:00 PM
DoubleTree by Hilton Hotel Austin 6505 N. Interstate 35 Austin, TX 78752
This month is Disability Awareness Month. Are you doing everything possible to make your court accessible for all court users?
Do you know that 1 in 4 adults in the United States experience some type of disability at some point in their life?
A disability is a visible or invisible condition that substantially limits one or more major life activities such as eating, sleeping, speaking, hearing, walking, seeing, breathing, caring for one’s self, or working.
We discuss the Americans with Disabilities Act and what court compliance looks like in the recently updated Interpreters Self-Paced Module.
Check out all of the Self-Paced Modules on TJCTC’s Website:
As January is upon us, we wanted to make sure that you have all of the resources related to Juvenile Diversions in one place. Remember, the new Juvenile Diversion Programs must be up and running by January 1, 2025, including courts providing public access to their Juvenile/Youth Diversion Plans.
You may have already taken a course at a 20-hr program, one of our webinars, or completed the self-paced module and have seen many of these resources before, but note that there are additional resources compiled here.
You will also find an FAQ below with some common questions.
TJCTC Resources
You can access many resources related to Juvenile Diversion on TJCTC’s website (https://www.tjctc.org/).
We receive some questions often, and wanted to include them as a reference guide.
Multiple Charges:
We have several juveniles that had 2 charges filed on them in a single incident. How do we handle this with juvenile Diversion?
This situation is not expressly dealt with in the juvenile criminal diversion statutes.
Therefore, it is ultimately up to the court how they want to handle the citation/charges.
TJCTC’s position is that the court should handle the charges together and divert both if the standard eligibility elements are met, the charges are not traffic offenses, and both charges are in one citation.
In support of our position, CCP Art 45.310, in part, says, “If a charge involving a child who is eligible for diversion is filed,” and CCP Art. 45.301 defines “charge” as “a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.”
Thus, if two alleged offenses are contained in one citation, that meets the definition of “charge” in CCP 45.310, and the court may divert both charges in one agreement.
We also recommend speaking to the other JPs in your county to see if you can all come to an agreement on how this situation will be handled in your county. This would help ensure fairness and predictability for juveniles in your area.
Fees:
Can you clarify or help me find where in the statute it states courts have to pay for any outside program assigned during the youth diversion program. CCP Art. 45.312 states there can’t be a fee assessed by the courts other than the $50 fee, but not for any outside program referred to such as drug/alcohol class etc. There are many interpretations made by different courts and would like clarification or your perspective.
From P. 86 of the Juvenile Deskbook: The court may collect from a child’s parent (not the child) a $50 Local Youth Diversion Administrative Fee to defray the costs of the diversion, but only if the fee is an accepted term in the diversion agreement. Code of Criminal Procedure Art. 45.312(a), (b). Diversion may not be made contingent on payment of a fee. Code of Criminal Procedure Art. 45.312(i). No other costs or fees may be assessed for a diversion. Code of Criminal Procedure Art. 45.312(h).
Since no other fees may be assessed or required, TJCTC believes that a child cannot be forced to pay for a program as part of a diversion. Options include the court/county using the fund created from the $50 administrative fee, Local Youth Diversion Fund, County Juvenile Delinquency Prevention Fund, or other general court funds to cover the costs of programs and/or entering into agreements with service providers for the programs to be made available to diverted children without cost. (Note, these specific Funds are discussed in the next FAQ).
Juvenile Case Managers and Funding:
What funding sources are available to help pay the salary or a Juvenile Case Manager/Youth Diversion Coordinator or supplement the salary of a court clerk who will serve in the role part time?
There are several funds related to Juvenile Diversions and pay for Juvenile Case Managers (JCM) and Youth Diversion Coordinators (YDC). First, it is important that while in practice these position titles are hard to distinguish, many of the statutes do only apply to one or the other.
A court can designate a YDC, but only a Commissioners Court can designate a JCM.
First, we have the Administrative $50 fee under CCP Art. 45.312(a) that is the only fee assessed in a Juvenile Diversion. The purpose of this money is “to offset the costs of diversion” and it should be placed in an “account to offset the costs of diversion.” Note, the statute does not require this money to be put in one of the other funds that we discuss later. We believe these funds can be used to fund both the salary of a full-time JCM or YDC and as a supplement to a clerk, but since it isn’t collected until a diversion case comes in, it might be difficult to use this year for this purpose from an accounting perspective.
Local Youth Diversion Fund (Local Government Code [LGC] 134.156) - this fund is funded by $5 from the Local Consolidated Cost charged as part of court costs. See LGC 134.103. This fund can be used for the salary and benefits of a full-time JCM, but “money in the fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.” This means that in a county where there a JCM is spending their majority of the time on Juvenile Diversions and Truancy, then their salary could be funded by this fund. This fund won’t be available for a supplement for a JCM or YDC who primarily serves as a clerk. If a court doesn’t have a JCM, but does designate a YDC, they cannot use the Local Youth Diversion Fund to fund that position, even if that person does mostly juvenile work.
County Juvenile Delinquency Prevention Fund (CCP Art. 102.0171) – This fund is funded by $50 from Graffiti offenses after Jan. 1, 2025, and can be used to “providing funding for youth diversion.” This funding could be used to fund JCMs or YDC, but because justice courts do not start contributing this fee to this fund until 2025, there may or may not be adequate funds for this purpose.
The Justice Court Assistance and Technology Fund (CCP Art. 102.0173) – One of the allowable uses of this fund is “education, benefits, and salaries for court personnel.” This fund can absolutely be used to fund the salary of a JCM or YDC employed by the court or to supplement a court clerk’s salary who will serve as a JCM or YDC.
Local Government Code 133.125(c) also allows for counties to apply for funds from the Governor, ” A local governmental entity may request funds from the criminal justice division of the governor’s office for providing youth diversion services. The division may award the requested funds based on the availability of appropriated funds and subject to the application procedure and eligibility requirements specified by division rule.” These funds could be used for the salary or supplemental salary of a person serving as a JCM or YDC.
Expunction of Records:
When does expunction of records happen in Juvenile Diversions?
If the child is placed on diversion, then all records of the diversion must be expunged without the requirement of a motion or request, on the child’s 18th birthday pursuant to CCP Art. 45.313, whether or not the juvenile is successful. When a case is expunged, all records must be destroyed, and the existence of the case cannot be made known to anyone for any reason. For more information about juvenile diversion, please see Ch. 3A of TJCTC’s Juvenile Deskbook.
Note, criminal charges filed, even if dismissed, would not be expunged automatically under this statute (but may be expunged under other statutes depending on the situation).
Tracking Cases:
We are trying to find a good way to track our cases that will be referred to the Juvenile Diversion Program. If we enter these cases in our case management system (Odyssey) and mark them as “sealed” or “locked” records, would that be sufficient to comply with the statute? I understand that they cannot remain “active cases”, but that way we would still have a way of keeping track of those individuals.
Using a different case type or something like you have described makes sense. We do not see any major issues with this, as long as the records are handled appropriately under the statute if the juvenile completes the juvenile diversion successfully.
Remember, diversion cases should only be tracked for the purpose of accounting, for statistical records of diversion strategies, and ultimately reporting successful diversions. They will be confidential and are not actually pending criminal cases (and if they were filed, should be dismissed) while the juvenile is in the diversion process.
Minor Alcohol Cases & Diversion:
What about MIC, MIP, and DUI?
Remember, for the purposes of juvenile diversions, we are only talking about juveniles under the age of 17, minors aged 17-21 will not be eligible for this diversion, and will be handled according to standard procedures.
Starting January 1, 2025, juvenile diversions are available to all offenses in justice court that are not traffic offenses. The crimes of minor in possession and minor in consumption are not traffic offenses. Therefore, an eligible child would be entitled to diversion for these alleged offenses.
Our position is that Driving Under the Influence (DUI) [not Driving While Intoxicated – that is a higher-level case handled in other courts] is not a traffic offense either and would be entitled to diversion.
Absent an express definition, words and phrases take on their normal meanings. Ultimately, it will be up to the court to decide if they believe that DUI falls into the category of “traffic offenses” or not, as there is no explicit definition.
This is one way to think about what “traffic offenses” means. Imagine that a teenager wanted to intern in your court. You asked her whether she’s had any legal trouble besides traffic offenses. If she had been caught driving under the influence, would she be lying if she had said “no?” We think she would be. That’s why we think DUI is not a traffic offense and should be subject to diversion. Additionally, while it doesn’t apply specifically to juvenile diversions, the only definition of “traffic offenses” involves offenses in certain sections of the Transportation Code, and DUI by a Minor is in the Alcoholic Beverages Code.
Intermediate Diversion Outcomes:
What happens if a juvenile is on an intermediate diversion (handled by the Juvenile Case Manager/Youth Diversion Coordinator)?
If the child successfully complies with the agreement, the case shall be closed and reported as a successful diversion to the court. Code of Criminal Procedure Art. 45.309(c). If the child fails to comply, the child is referred for a non-adversarial hearing before the court. At this hearing, the court may hear from any person the court finds helpful in determining the best path forward, considering the best interests of the child and long-term safety of the community. Code of Criminal Procedure Art. 45.311(a),(b). If the court determines that the diversion was unsuccessful, the case may be referred to the prosecutor for a possible criminal filing or sent to the Juvenile Court.
More information about these hearings can be found on pages 85-86 of the Juvenile Deskbook.
This week has been busy and also very exciting as we welcomed the new judges to their Stage I training.
This update is packed-full. Make sure you scroll all the way down to find the links for our NEW Juvenile Diversion Forms and to sign up for our upcoming Juvenile Diversions Webinar: Children in the Courts.
Caselaw Update Important
First Amendment Right to View Magistration Hearings
The Fifth Circuit Court of Appeals held that a closed magistration hearing violates the First Amendment. The case is Texas Tribune v. Caldwell County.
Check out our full explanation and advice on TJCTC’s blog, The Docket.
As our newly-elected colleagues are taking office, so are many new court personnel and deputies. We thought this is an appropriate time to remind everyone about their duties related to public access to court and government records.
Courts
Remember, courts hold two types of records: court case records and judicial records. Both are generally open for public access or inspection, with a few limitations. The chart below (from page 14 of the Recordkeeping and Reporting Deskbook) discusses the differences.
Court Case Records vs. Judicial Records
Key Point
Because these records are public, there should not be a burdensome process for a someone to go through, especially a party or person assisting in their representation.
For example, in an eviction case, an attorney may request a copy of the case file prior to agreeing to represent a tenant or landlord in an appeal, so that they can make sure they don’t have any conflicts. It is important for these records to be released promptly, because of the short timelines for the case. No letter of representation is necessary for the release of the records, because the record is public and could be released to anyone. If you would like the person requesting the record to submit a written request, it is a best practice to have a form ready for them to complete and allow submission of the request by email, mail, and at the counter.
Do you want to study the specifics of records release and retention? The Recordkeeping Deskbookdiscusses these issues in detail!
Constable and other law enforcement offices are subject to the Public Information Act (PIA), so they follow different rules related to the release of records.
This webinar will explore juvenile diversions including potential issues related to language access, mental health concerns, and disabilities. This course satisfies the requirement of Government Code Sec. 22.1105.
Tuesday, December 17, 2024, at 2:00 pm.
Note: An extension of this course will also be offered as a general session at the 20-hr Conferences during this academic year.
Remember, Juvenile Diversion Plans must be in place and available for public inspection for all justice courts by January 1, 2025.
Texas County Progress
The Texas County Judges & Commissioners Association publishes a monthly magazine that often has helpful articles and information for justices of the peace and constables.
This month they shared an article called Do’s and Don’ts of County Purchasing, that might be of particular interest, especially for the newly-elected.
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.
Happy Friday. We are excited to announce that we are using a new email provider for these e-blasts, so hopefully you will have less trouble receiving them than with our prior software. (It also makes the job of compiling them a bit easier, so we are really crossing our fingers that it works out)! We have a few resources to share and a big thank you to all of our Inquest Week participants for a great week of virtual training.
Inquest Week
If you missed it, don’t worry, recordings of most sessions will be live in the next few weeks, so look for an update via email soon.
We also want to remind you that we have some great inquest training coming up at both our regular 20-hour conferences and new judge conferences this year.
Juvenile Criminal Diversions
Just a reminder that there is a new self-paced module explaining the new Juvenile/Youth Criminal Diversion requirements in justice courts.
As part of this training, we are sharing sample diversion plans from across the state. Please reach out to mark.zuniga@txstate.edu if you are willing to share yours.
Legal Topic of the Week
Interpreters
If a participant in a court proceeding needs an interpreter for spoken language, or because of a disability affecting their ability to communicate in some other way (American Sign Language, etc.), the court MUST appoint one. Generally, courts will be required to appoint a certified interpreter, but there are limited circumstances where the interpreter does not have to be certified.
A court may appoint a spoken language interpreter who is not a licensed court interpreter:
in a county with less than 50,000 residents;
in a county with more than 50,000 residents if the language is not Spanish and the court finds that there is no licensed court interpreter within 75 miles who can interpret in that language; or
in a county that:
is part of two or more judicial districts, that has two or more district courts with regular terms, and that is part of a district in which a county borders on the international boundary of the United States and the Republic of Mexico;
borders on the international boundary of the United States and the Republic of Mexico and that is in a judicial district composed of four counties;
borders on the international boundary of the United States and the Republic of Mexico and that has three or more district courts or judicial districts wholly within the county; or
borders on the Gulf of Mexico and that has four or more district courts or judicial districts of which two or more courts or districts are wholly within the county.
Government Code §§ 57.002, 57.002(d-1); Civil Practice and Remedies Code § 21.021.
Even if a county is not required to provide the licensed interpreter, they still must provide an interpreter that is qualified by the court as an expert, at least 18 years of age, and that is not a party to the suit. See TX Gov’t Code Section §57.002(e).
Do you have questions about this email or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.
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.
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)
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.
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.
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.
Happy almost Labor Day Weekend. We have a few training opportunities to share, and a newJuvenile 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.
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/
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
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.
We are cruising right into back-to-school season! Did you know that August is National Wellness Month? What a perfect way to start out our new education year and get back into the swing of things! This edition of TJCTC updates includes our Legal Question of the Month, and some online training opportunities, as well as a few very important announcements about updated online training.
To find out how many hours you have completed, log-in to your student account and view your transcript. Attached is a pdf guide showing you how to access your transcript.
Summer Clerk Testing
Registration opened July 24th for the Summer round of clerk testing. TJCTC will accept registrations from July 24th to August 14th. If you register during that period, you can take the exam between August 1st and August 30th. Visit our clerk certification page for more information: https://www.tjctc.org/court-personnel/clerk-certification-program.html
What the heck is going on with juvenile diversions? We have gotten many questions lately about preparing for the new juvenile diversion programs required by House Bill 3186. While we do not have a recommended plan, we do have many resources available to courts in drafting their plans.
Every Justice Court is required to have a diversion plan available for public inspection on January 1, 2025.Because the legislature gave the courts wide latitude over how a plan is going to be run (because each of the 254 counties is very different), TJCTC can’t really say one option is preferable to another for every single justice court. However, each court needs to go through a similar process to draft their plan.
Step 1. Gather Data
How many juvenile cases does your court handle on average?
What resources do you have available to your court?
What are other courts in your area doing? Could you collaborate?
Step 2. Draft Plan
Questions we think should be answered by your diversion plan:
Are you going to use your own plan, or are you going to team up with other courts in your municipality, county or region?
Who is going to act as your youth diversion coordinator?
When will diversion be offered: (1) prior to court involvement (i.e. “intermediate diversion,” in which case the charge will not be filed unless diversion is unsuccessful), (2) diversion by court (in which case the charge will be dismissed after the child signs the diversion agreement), or (3) both?
What nonexclusive list of services can be included in the plan?
How is the diversion plan going to be monitored?
Note, this list of questions is not exhaustive, but just covers the basics.
Look for more resources for drafting plans in our upcoming programs and here in these Updates in the next month or so!
Step 3. Evaluate Your Plan and Make Necessary Changes
The first draft is not a forever plan! You can always make any necessary changes as you implement the plan. We would recommend that you start with the basics and add on more options and resources as your court and local partners (probation departments, prosecutors, local service providers, etc.) get comfortable with the process.
You may even want to test some components of your plan prior to the January start date to work out any potential issues.
Step 4. Implement Your Plan
Remember, the plan must be in place on January 1, 2025!
National Highway Traffic Safety Administration (NHTSA) Courses
Visit the NJC website at http://www.judges.org for registration information and for a full list of the NJC’s courses.
Constable Corner
Are you looking for online training updates? Lexipol offers a great number of free webinars and other resources for law enforcement. These resources are a great compliment to your civil process training from TJCTC, as they cover other topics that we do not teach and that may not always be available in-person for your offices.
Check out The Briefing from Lexipol for updates on new training.
Supporting Rural Law Enforcement
All law enforcement agencies often encounter citizens with mental health issues. Find support and training on that intersection on the Council of State Governments Justice Center website, including some resources created especially for rural agencies.
Shout out to our impressive friends in Bexar County who have received national attention for their mental health response initiative. You can check out their program on the Council of State Governments Justice Center website.
There are some new Recordings for Credit and Self-Paced Modules on the TJCTC website. Make sure you check out the following if you still need hours or the topic sounds interesting!
Recordings for Credit
Cannabis Legalization the Impacts on Impaired Driving – 1 hr credit
2024 Family Violence Update – 2 hrs credit (This recording includes information about the required, updated protective order forms from OCA.)
Notes on the new required forms for Emergency Protective Orders (EPOs)/Magistrate’s Orders for Emergency Protection (MOEPs):
Please note that out of these forms, only the Magistrate Order for Emergency Protection (MOEP) is required for JPs at this time. No changes may be made to this form except the following:
If the extra lines for protected persons at the top of p. 2 are not needed, they can be deleted.
Section XI. Admonition on Ineligibility to Possess Firearm or Ammunition on p. 6-7 will only apply if you’ve prohibited possession of a firearm on p. 2. The form should be updated at some point to add a check box for whether this admonition applies. In the meantime, if possession of a firearm has not been prohibited, Section XI will need to be crossed out or deleted.
The Instructions for Completing the Orders – currently under the Temporary Ex Parte Order form – apply to all orders, including the MOEP.
“Other Forms (Discretionary)”:
The following are relevant for JPs and may be modified as desired:
Motion to Modify MOEP
Order on Motion to Modify MOEP
Request for MOEP
The TCIC Protective Order Data Entry Form is also on this list but should not be modified.
*Updated* Deferred Disposition and DSC Dismissals – 1.5 hrs credit
We hope this information was helpful, and like always, see you at the next program! If you have any suggestions, questions, or comments about these updates, please email Amber Myers at a_m1814@txstate.edu
