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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

Friday, April 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

Friday, April 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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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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