TAC – The Docket

August 21, 2025

TJCTC Updates 8.21.2025

Mid-Month Updates

Please read this email fully for an important legislative update as well as some great training opportunities (some of them are FREE)!

Important note, if you downloaded Legislative Update Materials prior to 8/21/2025, please re-download the updated version, available today. We apologize, but some new information was provided this week that lead us to change a few slides.

For judges/clerks, changes were made specifically to sections regarding SB 1667, HB 654, and HB 2282. There were no changes made to the 2025 New Fine-Only Offense Chart. For constables/deputies, there were several minor changes made. There were no changes made to the Caselaw Update.

SB 1667 Expunctions

Note: If you attended the 8/19/25 Legislative Update in Corpus Christi, this update includes updated information from our presentation.

This bill applies to expunction petitions filed after 9/1/2025, and made changes to Code of Criminal Procedure Chapter 55A. (Note, this won’t apply to expunctions made other under code provisions, like alcohol offense expunctions.)

It requires district clerks to compile and maintain on their website a list of agencies/entities and their applicable email addresses, so that expunction petitions and orders can be delivered to the appropriate entities electronically.

New Fee: If an agency/entity cannot receive the order electronically, then the court shall charge a $25 fee effective 1/1/2026.

Old Fee: This bill repealed the “Fees in Expunction Proceedings” section. This means that starting 9/1/2025, the $100 fee for CCP Ch. 55A expunctions can no longer be charged. This also means only the new $25 fee discussed above will be charged (after 1/1/2026). Note, this repeal was an error that the legislature is seeking to reverse in the special session. If the new bill passes, the $100 fee will go back into effect 1/1/2026. TJCTC will keep you updated on this situation.

There are also new provisions regarding inspection and disposition of expunction records and retention of mental health records.

Want more info?

Review TJCTC’s legislative update slides on SB 1667

Read SB 1667

Legal Question of the Month

Release of Judgment in Error

A default judgment was granted against the defendant last year. A few months later, there was a Release of Judgment entered in the case. The plaintiff recently realized that the judgment was NOT supposed to be released, they have now submitted a “Motion to Vacate and set aside satisfaction of judgment”. Is this something that is possible, to set aside the release of judgment?

Answer: At this point, it may be best to have a hearing to ensure that there is nothing weird going on or no other mistakes are made, and give notice to both the judgment creditor and judgment debtor.

At the hearing, if the court finds that the release was entered in error, then the court can enter an order withdrawing or striking the release and noting what happened. This will also give the debtor an opportunity to be heard and know what is going on, as they might have no clue any of this happened.

Upcoming Training Opportunities

8th Annual Judicial Summit on Mental Health

Detailed Agenda Available

The 8th Annual Judicial Summit on Mental Health will be held October 7-8, 2025, at the Royal Sonesta Houston Galleria in Houston, Texas. Capacity for our in-person meeting is limited; we have fewer than 100 in-person spots left. Those who are not able to attend the meeting in person will have the opportunity to live-stream the event from their home or office.

Book your hotel room at the Royal Sonesta Houston Galleria by September 12 to get the Summit room block rate.

Don’t forget, registration is free! Register to attend in-person or online: https://web.cvent.com/event/e401bbc3-30ae-401f-be22-b1b385a958b7/regPage:3a358dcf-21b7-414c-ad7b-06220cc77043

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

Online Training

Human Trafficking Awareness Initiative from NCSC

NCSC has launched an initiative designed to help courts play an active role in raising awareness of human trafficking. CDL Drivers & Courts: On the Road to End Human Trafficking offers judges a tool to address this issue from the bench—a specialized e-learning course that can be assigned to CDL drivers who appear before the court.

The free, self-paced e-learning course educates commercial drivers on how to identify and report signs of human trafficking, understand reporting procedures, and comply with the No Human Trafficking on Our Roads Act, which imposes a lifetime CDL disqualification for drivers convicted of human trafficking in a commercial motor vehicle. Participants earn a certificate of completion that can be submitted to the court.

Resources for this initiative, including a judicial bench card, are available at https://www.ncsc.org/cdlhtainfo. Note, if you are a judge or clerk who completes this course and would like TJCTC Credit, please email your certificate to Jessica Foreman at jessforeman@txstate.edu.

Disaster Relief Help

Do members of your community still need disaster relief aid?

You can share the following link to resources from Texas Rio Grande Legal Aid with your community.https://www.trla.org/disaster

August 13, 2025

TJCTC Updates 8.13.2025

Legislative Updates and Other Training

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.

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 through August 15 by logging in to your TJCTC profile at: https://enroll.tjctc.org/portal/events/reg/participantTypeSelection.do?method=load&entityId=2544790

After August 15, please email Jay Takach at jay.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)

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

Online Training

TJCTC Webinar

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.

Use this link to register now: https://txstate.zoom.us/webinar/register/WN_F4H4R5sQTgmA8C3VuQWB-w

NCSC Webinar

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.

Learn More and Register: https://zoom.us/webinar/register/WN_ZUPPIm9pQLiEo5aV-UR30w?utm_campaign=774425_AI%20evidence%20in%20jury%20trials%3A%20Authenticity%2C%20admissibility%2C%20and%20roles%20of%20the%20court%20and%20juries&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,GLJT,4VW08I,2OO0Y,1#/registration

National Wellness Month

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.

Here is an article from WebMD that discusses all kinds of wellness strategies: https://www.webmdhealthservices.com/blog/august-is-national-wellness-month-lets-make-well-being-a-priority-all-year-long/

This is also a great time to do the 5 Day Challenge to Improve Your Mental Health if you haven’t already (or again if you want a refresher)!

You can find it on the TJCTC Self-Paced Modules Page – https://www.tjctc.org/onlinelearning/selfpacedmodules.html

August 13, 2025

TJCTC Updates 7.8.2025

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.

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)

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.

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.

April 9, 2025

Updates 3.17.2025

Lots of Legal Information

This update is full of legal information and updates. Make sure to scroll all the way to the bottom for a new resource you can share with your communities as well.

There are also several great webinars and trainings coming up, both from TJCTC and other outside groups.

Clarifications & Updates from Recent Classes

CDL Issued by Mexico

The Legislature changed how the law operates for people who aren’t authorized under federal law to work in the United States but are operating a CMV using a CDL issued by Mexico. HB 4337 modified Transportation Code Sec. 522.015 to state that people who meet that description are only allowed to operate the vehicle in counties which border Mexico.

“Over Group of Axles”

Courts have begun seeing citations for “over group of axles” in some areas. Transportation Code Sec. 621.101 provides three different weight restrictions related to axles. (a)(1) limits a single axle weight to 20,000 pounds, (a)(2) limits a tandem axle weight (two axles directly adjacent to one another) to 34,000 pounds, and subsection (a)(3) limits the overall gross weight on a “group of two or more consecutive axles.” The limit for the “group of axles” is determined by the formula listed in Sec. 621.101(a)(3), which is based on the number of axles and the distance between them.

Legal Question of the Month

Question: We have several juveniles that had 2 charges filed on them in a single incident. How do we handle this with Juvenile Diversion?

Answer: 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.

Caselaw Updates

Staley v. State

No. 02-23-00053-CR, Issued 3/6/25 from the Second Court of Appeals in Fort Worth

Question: Is a search warrant affidavit that only relies on the officer’s “training and experience” and no other specific facts in support enough to search electronic devices found in a home where the search warrant is executed.

Holding: No. There was no connection established between the crime being investigated and the defendant’s electronic devices.

What does this mean for justices of the peace who sign search warrants? This case is a good reminder that the affidavit must go beyond just boilerplate language and include articulable facts connecting the items being searched for with evidence of the crime being investigated. This case is in line with the Baldwin case from the Court of Criminal appeals

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.

Visit the TAC website for more information and to register: https://www.county.org/education-and-events/calendar-of-events/2025/impaired-driving-symposium/overview

Upcoming TJCTC Webinars

Law & Literature Webinar

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!

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

Rescheduled TAC Training

Judicial Forum on Mental Health (Judges Only)

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

Register for the Judicial Forum: https://www.county.org/education-and-events/calendar-of-events/2025/judicial-forum-on-mental-health/overview

Family Help Link

Texas Law Help has partnered with the various legal aid organizations around Texas to create one form for Texans to use to request legal help and resources when it relates to a legal issue that involves a child’s health, stability, safety, or security.

This is a great resource to have handy to share with your local constituents and anyone who comes into your court seeking help with these issues.

Check out the Family Help Link: https://texaslawhelp.org/family-help-link

March 12, 2025

Updates 3.12.2025

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.

Visit the TAC website for more information and to register: https://www.county.org/education-and-events/calendar-of-events/2025/impaired-driving-symposium/overview

Constable Corner

First Responder Wellness Week

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.

FRWW-2025

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.

https://us06web.zoom.us/meeting/register/1LlWU5qsRx6H8Dv_ZcWpPA#/registration

Upcoming TJCTC Webinars

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!

https://txstate.zoom.us/webinar/register/WN_3YYucvTYS_C3ZTEKKMh_bQ#/registration

Law & Literature Webinar

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.

Visit an earlier blog post for more information & to register: https://docket.wp.txstate.edu/2025/01/22/law-literature/

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

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

Rescheduled TAC Training

Judicial Forum on Mental Health (Judges Only)

August 14, 2025 – August 15, 2025

08:00 AM – 05:00 PM

DoubleTree by Hilton Hotel Austin 6505 N. Interstate 35
Austin, TX 78752

https://www.county.org/education-and-events/calendar-of-events/2025/judicial-forum-on-mental-health/overview

Disability Awareness Month

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:

https://www.tjctc.org/onlinelearning/selfpacedmodules.html

November 25, 2024

TJCTC Updates 11.22.2024

Hello

We have lots to share this week! There are some important legal updates and reminders as well as training opportunities, so make sure to scroll all the way to the bottom.

Inquest Week

Recordings are live! If you missed the live webinars or would like to re-watch a session, click the button below to view the recordings.

Remember, if you weren’t present for the live webinar, you can always submit a form to receive credit for the recording.

Watch the recordings on the TJCTC Virtual Programs Page: https://www.tjctc.org/onlinelearning/virtualprograms.html

JPs in the News

Take a look at the KXAN project, “A Hanging on Backbone Creek,” featuring the Hon. Rick Hill, from Brazos County and Hon. Debra Bindseil, from Burnet County.

This news story is delving into the inquest process in Texas after an investigative report about an unsolved murder from 59 years ago.

Check out the article on KXAN’s website: https://www.kxan.com/backbone-creek/legal-history/

Legal Topic of the Week

Statements of Inability to Pay

This topic is always important to court personnel and judges who interact with litigants on civil cases, and TJCTC receives questions daily about the procedures surrounding these Statements, contests, and other related procedures.

Question: Can a court reject the Statement of Inability to Pay Court Costs if it is not complete?

Answer: No. The clerk has a clerical duty to accept documents filed with the court for processing, and the Statement of Inability is no exception. If it looks like a litigant might not understand the form or needs assistance, it is always okay to refer them to legal information like the resources we discuss at the end of this Update.

Question: Does a Statement of Inability to Pay Court Costs have to be notarized?

Answer: No. The Statement can either be notarized, or it could be sworn to under penalty of perjury. Only one is required. Also remember, a court clerk or judge can give the oath to a litigant and swear to their signature, even if they are not a notary.

Do you have more questions? Search the Civil Deskbook and the Evictions Deskbook for “Statement of Inability.” There are several sections of the Deskbooks that discuss this topic in details.

Access the fillable Statement of Inability to Pay: https://texaslawhelp.org/sites/default/files/2023-02/tlsc_fee_waiver_02_2023.pdf

Caselaw Update

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. In Caldwell County at the time the lawsuit was filed, magistration occurred via videoconference. The defendant was in the county jail. No counsel, family, friends, or press were present at the magistration hearing. The sheriff had a policy of prohibiting access to the jail to observe magistration. The federal district judge granted a preliminary injunction against the county, meaning that the federal judge found a substantial likelihood that the two news outlets and an advocacy organization would succeed at trial.

The court of appeals recently affirmed the trial court’s ruling. The three-judge panel stated, “There can be no question that public access to bail hearings plays a significant positive role in the functioning of bail hearings.” While there may be exceptions, they found that there is a presumptive First Amendment right to access to magistration hearings.

It is unclear how counties are going to respond to this ruling. Like Caldwell County has chosen to do, other counties may comply by streaming the proceedings via Zoom and YouTube. This seems to be the most accepted method, because magistration hearings often take place in a secure location in the jail where there could be safety and liability issues for the public to be physically present during the hearings. Because your county attorney would represent you in any litigation, it’s important that you seek their advice on this important issue.

Read the case: https://www.ca5.uscourts.gov/opinions/pub/24/24-50135-CV0.pdf

TAC Mental Health Conference

The Texas Association of Counties would like to invite all justices of the peace to their upcoming Judicial Forum on Mental Health on January 9-10, 2025, in Austin.

To register, visit: www.county.org/jfmh

Justice Court Section Webinar: Debt Claim Cases – Defaults in Justice Court – A View from the Bench 12/6/2024

Join the Justice Court Section of the State Bar of Texas as Hon. Ralph D. Swearingin, Jr. and Daisy Espinoza present Debt Claim Cases – Defaults in Justice Court – A View from the Bench.

Friday, December 6, 2024 at noon

After registering, you will receive a confirmation email with a link to join the webinar.

Webinar: Chat with a Forensic Pathologist 12/11/2024

Dr Michael Baden is a renowned, 90 year old forensic pathologist who has been chief medical examiner for the city of New York, chairman of the house select committee on assassinations, investigated the assassination of John F Kennedy, the OJ Simpson murders, and many other well known cases.

Wednesday, December 11, 2024, at 4:00 pm.

Note: this event will be an in-person chat with the famous doctor, sponsored by AD Valor Technical Cleaning in Dublin OH. Click below to watch via Zoom.

TJCTC Webinar: Children in the Courts 12/17/2024

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.

Texas Law Help

Did you know that you can refer people to www.texaslawhelp.org when they have questions about how to complete a Statement of Inability to Pay for Court Costs?

There are several resources on their website, including a video for litigants to watch on how to fill out the forms.

Also note, they have a fillable version of the Statement on their website that is user-friendly.

Access other resources related to this week’s legal topic on their website: https://texaslawhelp.org/article/court-fees-and-fee-waivers

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.

February 25, 2020

TAC Cybersecurity Training Registration Open

Did you see the Texas Association of Counties’ (TAC) legislative newsletter today? It announced that registration is open for TAC’s cybersecurity training course that is certified by the Texas Department of Information Resources (DIR).

This course satisfies the annual cybersecurity training requirement for county employees and is free to all Texas counties.

Click here for more information.