TJCTC Updates 11.15.2024

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Hello!

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).

Did you know we have a module full of information about Interpreters & Spanish Legal Terminology? You can access it on our Self-Paced Module Page – https://www.tjctc.org/onlinelearning/selfpacedmodules.html.

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.

Inquest Week Day 2

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Hello Judges!

Inquest Week kicked off yesterday with two great webinars – Beyond the Surface: Delving into Medicolegal Death Investigations of Suicides and Missing Migrants. 

The webinars will continue all week, but we also wanted to remind you about additional Inquest resources.

TJCTC Charts & Checklists Page

Did you know that in addition to the Inquest Deskbook, we have several charts, checklists, and other resources on our Charts & Checklists Page just for your inquest work? Included on this page are a recently updated Inquest Procedure Flowchart, Formal Inquest Procedure Flowchart, Mass Fatality Resources, Medical Records Letter, Organ Donation Information, Inquest Helpful Links, Cause and Manner Tips, Death Investigation Tips, and Medical Terminology Handout.

Check them out here: https://www.tjctc.org/tjctc-resources/charts-and-checklists.html 

Webinars

Did you miss the sign-up for Inquest Week Webinars? Don’t worry, you can still sign up! Registration links for the remaining webinars are below.

Thursday, November 14th

1 pm – 2 pm

Border Patrol: Identifying Deceased Migrants and Utilizing Key Resources

Join this webinar to learn about the Missing Migrant Program (MMP), different death categories, rescue beacons, and much more.

Speakers: United States Border Patrol agents

Register here: https://txstate.zoom.us/webinar/register/WN_pKyXSLvpTNOfqTLOBO-bmg

2 pm – 4 pm

Working with the Center for Human Identification at UNT

Join our friends from Texas State University to learn more about the assistance they can provide in death investigations as well as their tips for identifying bodies and determining cause and manner of death. 

Speaker: Mark Ingraham, University of North Texas

Register here: https://txstate.zoom.us/webinar/register/WN_ry3GYKTvQxylyA2Gif1tsA

Friday, November 15th

10 am – 11:30 am

Resources for Mass Fatalities 

The state of Texas has a number of resources that a Justice of the Peace can use when they are overwhelmed by a catastrophic event. This presentation will address utilizing the Texas Mass Fatality Operations Response Team (TMORT) and the State Medical Operations Center (SMOC), whether you simply need a phone consult or your county needs a team to provide significant support on the ground.

Speakers: Victor Wells & Dr. Jason Wiersema from TMORT

Register here: https://txstate.zoom.us/webinar/register/WN_6niJjliOQTm_Js8V6Dmd7Q

1 pm – 2 pm

Tissue Recovery Tour 

Do you want to see what the Tissue Recovery Center looks like? As part of this webinar, you will receive a video tour of the center and then have a chance to ask all your tissue recovery related questions! 

Speaker: Damian Jackson

Register here: https://txstate.zoom.us/webinar/register/WN_GGq1CY0NQQyUmpQkFR1ljQ

2 pm – 3 pm

Inquest Mentorship Roundtable

Discuss what you learned and find colleagues who are experts at different areas of Inquests that you may need help in!

Register here: https://txstate.zoom.us/webinar/register/WN_BDb729hcR3CPHMuLoClmyw

See full information about Inquest Week and other virtual programs on our website here: https://www.tjctc.org/onlinelearning/virtualprograms.html

TJCTC Updates 10.29.2024

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Hello Everyone,

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 Updates

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)
  • Baylor Criminal Trial Workshop
  • Secrets of the Dead Workshop
  • Impaired Driving Symposium

For more information about each program, visit: https://www.tjctc.org/justices-of-the-peace/education-events.html

Court Personnel

  • Virtual Criminal
  • Virtual Civil
  • Rural Clerk Workshop

For more information about each program, visit: https://www.tjctc.org/court-personnel/education-events.html

Civil Process

  • Registration for Civil Process will open next week.

For more information about next year’s programs, visit: https://www.tjctc.org/civil-process/education-events.html

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.

October 31 from 10 – 11 am

Registration Link: https://us02web.zoom.us/meeting/register/tZMudeGsqDMsGNW3wsOZlvu93AsKLhMbNC2s#/registration

National Center for State Courts Trending Topic

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.

Read the full article here: https://www.linkedin.com/pulse/remote-justice-virtual-support-domestic-p6f2e/

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.

You can access the study guide on the TJCTC Self-Paced Module Page, here: https://www.tjctc.org/onlinelearning/selfpacedmodules.html

Happy Halloween! As always, we look forward to seeing you soon.

– Thea and the TJCTC Team

Educational Opportunities October 2024

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Judges, Constables, and Court Personnel,

We have several exciting education opportunities to share with you.

State Bar of Texas Justice Court Section Webinar

Obscure Issues in Justice Court

Friday, October 25, 2024, Noon CDT

Presenters: Rebecca Glisan, TJCTC Director of Curriculum, and Judge Sylvia Holmes

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

This course will cover various tricky issues that may arise in justice courts. Topics will include peace bonds, discovery, alternative service, and more.

Registration Link: https://us06web.zoom.us/meeting/register/tZUud-2orjwqGNz0DIi-jcIE18oy569CDdKe#/registration

TJCTC Webinars

Coming Soon Inquest Webinar Series November 12-15. Mark your calendars, the full schedule will be coming out next week. Topics will include missing migrants, unidentified bodies, suicide deaths, organ and tissue donation, and more!

National Center for State Courts (NCSC) Webinars and Resources

Cybersecurity

October is Cybersecurity Awareness Month, a great time to take a look at the training and resources that NCSC has available on the topic.

Link: https://www.ncsc.org/consulting-and-research/areas-of-expertise/technology/cybersecurity?utm_campaign=582857_%40the%20Center%20October%202%2C%202024&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,CHQH,4VW08I,1VTZN,1

Other Upcoming Webinars (including topics like Artificial Intelligence, Civil Diversion Programs, Behavioral Health, and Developing a Leadership Culture)

Link: https://www.ncsc.org/consulting-and-research/webinars

2024-2025 In-Person Education Event Schedules Released

Did you notice that our website has been updated with all of the 2024-2025 Upcoming Conferences and Workshops? Take a look at “Education Events” under your tab (Judges, Court Personnel, Constables) to see where our programs will be held this year. Look for a brochure online and in your mailboxes soon!

Registration Dates:

Justice of the Peace Registration – Open now!!!

Note, several of the in-person conferences have filled, but we still have more than 225 spaces available for judges to get at least 10 hours of their education in person. Log on ASAP to secure your spot or get on a waitlist for one of the full programs.

Court Personnel Early Registration (ONLY for clerks who were not able to attend a conference this year) – October 22

Eligible clerks will be emailed a special link for early registration. 

Regular Court Personnel Registration – October 28

Civil Process Registration – November 5

Judicial Education Requirements

Did you have to rush to complete last minute requirements this year? Check out this page on our website to make sure you know exactly what you need for this academic year that began on September 1, 2024: https://www.tjctc.org/justices-of-the-peace/education-requirements.html

Constable Education Requirements

This is the last year of the 4-Year TCOLE Training Cycle (9/1/21-8/31/25). Make sure if you are an Elected Constable, you are able to log on to register if you haven’t yet completed your 1415 Civil Process requirement. We are working hard to ensure that all elected constables are able to get into our programs, but space in your preferred program might fill early! This year we will have programs in Galveston, Austin, El Paso, and virtually. You can view the dates on our website: https://www.tjctc.org/civil-process/education-events.html

Please feel free to reach out to us if you have questions. Laura Villarreal at lv13@txstate.edu is your point of contact for registration. 

If you have questions about your other TCOLE Requirements, you can likely find the answer on the TCOLE Website: https://www.tcole.texas.gov/content/training-requirements.

Constable Corner – Free Online Training

Constables and deputies, are you looking for some free, online training? Lexipol produces some interesting webinars on hot topics that they provide for free on their website. One of the recent issues discussed was use of force. Take a look for yourself – https://www.lexipol.com/resources/webinars/.

TJCTC Updates 9.25.2024

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Hello Everyone!

September and the Back-to-School Season has flown by! At TJCTC we have been busy working with the JPCA Education Committees and Faculty on our next academic year of training. Spoiler alert – we think it is going to be great. Make sure you read all the way to the bottom for updates on training registration and more.

*Important* National Survey for Death Investigation Information

All Justices of the Peace in counties without a medical examiner’s office should have received an email earlier this month from RTI International on behalf of the Bureau of Justice Statistics (BJS), directing them to the Census of Medical Examiner and Coroner Offices (CMEC) website to confirm their office information and indicate if they perform death investigation functions. This information will be used in early October to send the survey to the appropriate person within each office.  

The Census of Medical Examiner and Coroner Offices (CMEC) was created by the Bureau of Justice Statistics (BJS) in 2004 as the first nationwide data collection effort designed to capture crucial information regarding the patchwork of Medical Examiner and Coroner offices across the United States. RTI International (RTI) conducted the CMEC on behalf of BJS, and subsequently completed a second iteration of the census in 2018.  The report from the 2018 CMEC can be found at https://bjs.ojp.gov/content/pub/pdf/meco18.pdf.  

We are excited to share that data collection for the 2023 CMEC will begin in early October of this year. Topics covered will include budget, staffing and salaries, caseload, and other relevant measures and practices (e.g. is there a computerized case management system, how many scene investigations are done).  Also new this year will be the inclusion of Justices of the Peace in Texas who performing death investigations. 

If there are questions or if you did not receive an email, please email cmec@rti.org to get your log in information so you can confirm your role.

Legal Question of the Month

Is a Driver’s License required in order for a person to be placed on Deferred?

No, that is not a requirement for deferred disposition under CCP Art. 45.051. However, there is a driver’s license requirement for DSC dismissal under CCP 45.0511. For more information (including an exception to this requirement), please see p. 54 of TJCTC’s Criminal Deskbook: https://www.tjctc.org/tjctc-resources/deskbooks.html.

We have had several questions lately about offenses being eligible for DSC or Deferred. Chapter 5 of the Criminal Deskbook (at the above link) is all about DSC, Deferred, and other Dismissals. You can likely find your answer there. In addition, don’t forget about the TJCTC Charts & Checklists Page: https://www.tjctc.org/tjctc-resources/charts-and-checklists.html where we have flowcharts for both DSC and Deferred.

Online Education Opportunities

NCSC Webinars

Transitioning To a New Leadership Role

October 9th, 2024

Court Systems rely on effective leadership to operate effectively and efficiently, and leadership requires more than just seniority or title.
Embracing a new leadership position can be a transformative experience that can lead to personal growth and professional development. It also sends a signal that the organization is committed to promoting growth within. Transitioning into a new leadership role allows individuals to showcase their skills and make a positive impact on their teams and organizations.
In this session, we will explore techniques for successfully positioning yourself for leadership opportunities. Panelists will share their personal insights on their own experiences with transitions into leadership roles while discussing the challenges they encountered, and lessons learned along the way.

Register Here: https://www.ncsc.org/conferences-and-events/events-calendar/2024/webinars/october/webinar-transitioning-to-a-new-leadership-role

Navigating AI in Court Systems – Ethics, Legal Frameworks, and Practical Tools

October 16th, 2024

The integration of AI in court systems promises enhanced efficiency and decision-making capabilities. However, it also raises significant ethical and legal challenges that courts must address to maintain public trust and uphold the principles of justice.
This session, an extension of the first ethics webinar, Ethics of Generative AI: A Guide for Judges and Legal Professionals, will assist participants in developing an AI ethics infrastructure to ensure that AI technologies are used responsibly and ethically. A proactive approach that includes guiding principles, standards, and protocols helps courts prevent misuse, bias, and potential harm, thereby safeguarding the integrity of the judicial process and preserving public trust and confidence in our legal system.

Register Here: https://www.ncsc.org/conferences-and-events/events-calendar/2024/webinars/october/webinar-navigating-ai-in-court-systems-ethics,-legal-frameworks,-and-practical-tools

2024-2025 Education Event Schedules Released

Did you notice that our website has been updated with all of the 2024-2025 Upcoming Conferences and Workshops? Take a look at “Education Events” under your tab (Judges, Court Personnel, Constables) to see where our programs will be held this year. Look for a brochure online and in your mailboxes soon!

Registration Dates:

Justice of the Peace Registration – October 8

Court Personnel Early Registration (ONLY for clerks who were not able to attend a conference this year) – October 22

Regular Court Personnel Registration – October 28

Civil Process Registration – November 5

Judicial Education Requirements

Did you have to rush to complete last minute requirements this year? Check out this page on our website to make sure you know exactly what you need for this academic year that began on September 1, 2024: https://www.tjctc.org/justices-of-the-peace/education-requirements.html

Constable’s Corner: Constable Education Requirements

This is the last year of the 4-Year TCOLE Training Cycle (9/1/21-8/31/25). Make sure if you are an Elected Constable, you are able to log on to register if you haven’t yet completed your 1415 Civil Process requirement. We are working hard to ensure that all elected constables are able to get into our programs, but space in your preferred program might fill early! This year we will have programs in Galveston, Austin, El Paso, and virtually. You can view the dates on our website: https://www.tjctc.org/civil-process/education-events.html

Please feel free to reach out to us if you have questions. Laura Villarreal at lv13@txstate.edu is your point of contact for registration. 

If you have questions about your other TCOLE Requirements, you can likely find the answer on the TCOLE Website: https://www.tcole.texas.gov/content/training-requirements.

Looking forward to seeing you at a conference or workshop soon!

– Thea & the TJCTC Team

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TJCTC Updates 8.9.2024

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Hello Everyone

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.

Judicial Education Hours Due August 31st

JP judicial education hours are due August 31st. Visit our Justice of the Peace overview page for requirements: https://www.tjctc.org/justices-of-the-peace.html

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

Wellness Month

Take some time this August to check-in with yourself, co-workers, family, and friends to make sure everyone is practicing good wellness habits. Here is an article from WebMD with some great tips: https://www.webmdhealthservices.com/blog/august-is-national-wellness-month-lets-make-well-being-a-priority-all-year-long/.

Illustrative Mental Wellness Tips Infographic

Legal Question of the Month

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

November 4 – 7, 2024, in-person course, Reno, NV; The Traffic Case: A Course for Nonlawyer Judges 

December 4, 2024, online webinar: Impaired Driving 2024: What’s New?

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.

https://jmhcp.org/issue-areas/law-enforcement/

Bexar County’s Mental Health Response Initiative

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. 

Updated Online Education

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):

Remember that the forms and instructions can be found here: https://www.txcourts.gov/rules-forms/standardized-protective-order-forms/

“Mandated Forms”

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.

Self-Paced ModulesUnidentified Bodies – 2 civil hrs credit

*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

-Thea & the TJCTC Team

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More Training Opportunities

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Hello Everyone!

We have a few more training opportunities over the next few weeks to share with you.

Make sure to scroll all the way to the bottom, so you don’t miss anything!

Online Addiction Response Training for Justice Professionals

All Rise is sharing a free training opportunity from the Addiction Policy Forum. Criminal Justice Responding to Addiction is a three-hour training designed to help justice professionals and organizations support their communities by increasing knowledge about addiction and developing response skills and strategies. The training is on Friday, July 26 from 11:00 am – 2:00 pm Central, and a certificate for continuing education credit will be available. Register here: https://us06web.zoom.us/webinar/register/WN_WXdq6_TzTmG71N5n2oC9HA#/registration

Fairness Challenge Pilot Program

Do you want to make your court more fair for the litigants that you serve? You may want to join the LaGratta Consulting’s Fairness Challenge Pilot Project. They are looking for courts to join in a 9-month project to increase fairness in their court. This is a great opportunity to receive assistance both virtually and in-person from nationally recognized court experts. More information about the project can be found here: https://static1.squarespace.com/static/5d260fabfdbd0000011668cb/t/669539eeb7411f4b39b9962b/1721055726053/Pilot+Site+Announcement%2C+Fairness+Challenge+Pilot+7.15.2024.pdf

National Highway Traffic Safety Administration (NHTSA) Courses

August 7, 2024, online webinar: Harnessing Technology to Monitor Substance Use in Impaired Driving Cases”

November 4 – 7, 2024, in-person course, Reno, NV; The Traffic Case: A Course for Nonlawyer Judges

December 4, 2024, online webinar: Impaired Driving 2024: What’s New?

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.

 

Happy training!

-Thea & the TJCTC Team

TJCTC Updates 7.9.2024

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Hello Everyone,

We hope you are all having a great time taking some much-needed time off this summer and spending time with family and friends.

The TJCTC Team had a great time seeing many of you at the end of June in Fort Worth at the JPCA Conference and look forward to seeing you at one of our programs later this summer or in our next academic year. How is it almost time to release the new training schedule?!

Are you near El Paso? The DWI Summit on Thursday still has space!

July 11, 2024 at the Marriott El Paso

1600 Airway Blvd

El Paso, TX 79925

The DWI Summit brings judicial education to smaller communities around the state. Come learn about:

  • Case Law Updates (including mandatory traffic fines)
  • Pre-trial issues
  • Ignition Interlock
  • Occupational driver’s licenses

The program is open to County Judges, County Court at Law Judges, District Judges and Justices of the Peace. Programs begin at 10 a.m. and conclude by 3 p.m. All attendees will receive 4 hours of continuing judicial education. Lunch is provided.

Email Holly Doran at hollyd@yourhonor.com if you are interested.

Legal Feature: Eviction Appeals

We often get questions about eviction appeals, especially about payment of rent into the court registry and the transfer from justice court to county court. Because of this, we wanted to spotlight a self-paced module on the topic. Check out the Eviction Appeals Module, especially Lesson 4, for a review on the process.

You can find the module on the TJCTC Self-Paced Module page: https://www.tjctc.org/onlinelearning/selfpacedmodules.html

We hope this email found you well, and keep an eye out for a summer caselaw update coming your way soon!

Thea & the TJCTC Team

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TJCTC Updates 5.30.2024

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Hello Judges, Clerks, Constables, & Deputies,

We have training opportunities and resources to share with you in this last eblast this month. We hope you are enjoying your summer so far!

Court Personnel Exams Open!

The spring edition of the court personnel exams are now open! Take your open book exam online with TJCTC’s virtual proctoring program. The exams will be open until June 19th. Register by June 14th to take exams during this timeframe. To learn about the exam and register now, visit our court personnel certification page: https://www.tjctc.org/court-personnel/clerk-certification-program.html For questions, email Jessica at jessforeman@txstate.edu.

What is the clerk certification program?

The Justice Court Clerk Certification Program allows experienced justice court clerks to demonstrate their knowledge of statutes, procedures, and ethical guidelines applicable to Texas justice courts. Justice court clerks who pass an examination receive certification as a Certified Clerk or a Master Certified Clerk. The Texas Justice Court Training Center creates and administers all exams.

Texas DSHS Training on Mass Fatalities

Wednesday, July 17, 2024

Location: Southwest Texas Regional Advisory Council (STRAC), 7500 W US Highway 90 1-200, San Antonio, Texas 78227

This in-person seminar will cover the topic of Mass Fatality Management in Public Health Region 8. Presentations will be given by the following agencies: American Red Cross, Bexar County Medical Examiner’s Office, Medicolegal Authority/Justice of the Peace, Texas Department of State Health Services Region 8, Texas Funeral Directors Association and Texas Mass Fatality Operations Response Team (TMORT).  When the presentations are completed, the speakers will form a panel and a question-and-answer session will occur to provide attendees the opportunity to ask questions or seek clarification for issues not addressed during the lectures.

For more information and to register, visit the DSHS website.

 

Impaired Driving Taskforce DWI Summits hosted by The Texas Center for the Judiciary

The DWI Summits bring judicial education to smaller communities around the state. Come learn about:

  • Case Law Updates (including mandatory traffic fines)
  • Back to Basics: DWI Sentencing
  • Ignition Interlock
  • Occupational licenses
  • Pre-trial issues

The program is open to County Judges, County Court at Law Judges, District Judges and Justices of the Peace. Programs begin at 10 a.m. and conclude by 3 p.m. Lunch is provided. Please check with your judicial education organization regarding reimbursement.

June 27 at the Courtyard by Marriott

3955 North Expressway 77/83

Brownsville, TX 78520

July 11 at the Marriott El Paso

1600 Airway Blvd

El Paso, TX 79925

Email hollyd@yourhonor.com if you would like to attend or need more information. 

Free Lexipol Webinar for Law Enforcement

Every Day Is a Training Day: The Value of Daily Training on Policy

Thursday, May 30 | 1 pm Eastern

Presented by: Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge

When first responders are operating in the field, they are often required to make quick decisions. As a public safety leader, you hope your personnel have been trained on both policy and practice and you trust they are making sound decisions. However, there are times when your personnel encounter unfamiliar scenarios — situations that are low frequency but high risk.

Join Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge, as they discuss how using Daily Training Bulletins (DTBs) can help ensure your personnel are not only reviewing agency policy but also receiving regular training on your agency policy.

You’ll learn:

  • The legal and cultural reasons training requirements exist.
  • How DTBs can be one of the most versatile tools in your training toolbox.
  • How to identify which training needs can be met by DTBs and which can’t.
  • How Lexipol’s Policy Management solution can help to fulfill your policy training needs.

Register today!

Registration is free. Can’t make it? Register anyway and Lexipol will send you a link to the recording after the event.

 

NCSC Webinar – Courageous Conversations

Wednesday, June 12

Courageous conversations are fundamental to effective leadership. As a leader, conversations with your team, colleagues, and even supervisor can, at times, be challenging to navigate. It is through the careful navigation of these conversations that one can foster positive relationships and ensure effective communication.

In this episode of Navigating Leadership, Sara Grondahl, Human Resources Director for the Alaska Court System, will discuss familiar challenges and barriers to effective communication and leave you feeling empowered with a toolbox of skills and strategies that will allow you to confidently put courageous conversations into practice.

Register Today!

Future sessions of this series include:

  • July 10 – Effective Leadership Teams
  • August 14 – How to Get and Give Good Feedback
  • September 11 – What Does Leadership Mean to You?
  • October 9 – Transitioning to a New Leadership Role
  • November 13 – Developing a Leadership Culture

Visit ncsc.org/leadershipseries for more information and to access sessions on demand.

Mental Health Resources

To round out Mental Health Awareness Month, the JCMH Collaborative Council recently shared the following resources for county officials involved in Mental Health Committees/Councils/Workgroups. Several may be helpful in rural areas, especially to get grant funding or loan forgiveness programs started for mental healthcare workers.

State Office of Rural Health Resources

This is a great resource for rural judges to share with their local partners who work in the mental healthcare. SORH works to support rural health providers by providing technical assistance with finance, operations, and quality through a variety of grant programs, workshops, and one-on-one assistance.  Additional resources include educational awards that are available to individual clinicians and health care institutions, information and referral, funding resources, and assistance with medical license applications.

Visit their website

 

 Mental Health Professionals Loan Repayment Program 

Mental health professionals practicing in a Mental Health Professional Shortage Area (MHPSA) and providing services to recipients under a medical assistance program, may be eligible for a loan repayment award between $10,000 and $160,000, depending on your practice specialty.

If this sounds like it applies to professionals in your county, check out their website.

Department of Health and Human Services Loan Repayment Program 

This is another grant opportunity for mental health and substance abuse professionals who work in underserved areas.

If this sounds like it applies to professionals in your county, check out their website.

Save-the-Date for the Annual JCMH Summit

Please join the Texas Judicial Commission on Mental Health (JCMH) for the 2024 Judicial Summit on Mental Health taking place November 21 – 22, 2024, at the Marriott Dallas Allen Hotel & Convention Center in Allen, Texas.

JCMH is also accepting session proposals if your court or another county program is doing something that you would like to share with stakeholders around the state.

Visit the JCMH website for details and more information.

 

We hope you found something helpful in this update. See you at a program soon!

– Thea & the TJCTC Team

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TJCTC Updates 5.9.2024

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Hello Judges, Constables, Deputies, & Court Staff,

How is it already May?! As you gear up for summer, we wanted to share upcoming training opportunities, grants, a new “Legal Question of the Month” feature, and of course more resources for your courts and offices.

Legal Question of the Month

Do I have to appoint a receiver?

No. You don’t have to appoint a receiver or issue a turnover order under Civil Practice and Remedies Code 31.002. However, you must consider applications for this relief and make your decision based on the application and case at hand. You should not have a blanket policy that you never issue receivers. Here is a snippet from some caselaw on the topic:

“Although subsection (a) of the statute uses the word ‘entitled,’ the use of ‘may’ in subsection (b) makes the remedy discretionary.” See Barlow v. Lane, 745 S.W.2d 451 (Tex. App. 1988), Beaumont Bank N.A. v. Buller, 806 S.W.2d 223 (Tex. 1991).

“We review the trial court’s decision for an abuse of discretion…whether there is evidence to support the decision is a relevant consideration. The ultimate question, however, is whether the court acted in an unreasonable or arbitrary manner or without reference to any guiding rules.” See Beeler v. Fuqua, 351 S.W.3d 428 (Tex. App. —El Paso 2011).

What this means is that if you just have a general rule that you don’t like receiverships and you don’t want to do them, you are probably abusing your discretion. However, if you review the applications closely or have some other reason not to grant the application and are not denying the judgment debtor other ways to collect their judgment (writ of execution, turnover order, etc.), then you can deny an application for a receiver. It would also make sense that if a particular receiver has acted improperly before, that you might have reason not to appoint them (just like if you no longer trust a process server, because they provided false information in a return).

The Ft. Worth Court of Appeals just ruled about a court using their discretion to deny the appointment of a receiver using the following logic:

“Employer’s attorney’s affidavit, in which she conveyed her ‘understanding’ that former employee owned nonexempt assets, ‘including bank accounts, income, personal property, and interest in real property,’ was not competent evidence of employee’s ownership of nonexempt property as would support issuance of turnover order to satisfy employer’s judgment against employee, because the affidavit showed no personal knowledge, and attorney’s recitation of her ‘understanding’ was conclusory.” Vaccaro v. Raymond James & Associates, Inc., 655 S.W.3d 485 (Tex. App.-Fort Worth 2022).

The Houston Court of Appeals ruled similarly:

Presenting some evidence of right to turnover relief and showing nonexempt status of judgment debtor’s remaining funds does not automatically mandate trial court to order turnover of funds to judgment creditor; rather, trial court has discretion to consider other relevant factors such as ability of judgment debtor to meet living expenses if turnover relief is granted. Brink v. Ayre, 855 S.W.2d 44 (Tex. App.—Houston [14th Dist.] 1993)

Grant Opportunities

We know that coming up with the necessary funding isn’t always easy. The Texas Association of Counties (TAC) shared a few grant opportunities for courts and rural county officials last month that we wanted to pass along.

Rural Mental Health Grant

Selected Grant Opportunities

Upcoming Training

Ask about Suicide to Save a Life (AS+K) Virtual Training

The Health and Human Services Commission is hosting a training on May 15 from 9:00 a.m. – 12:00 p.m. CDT on warning signs, clues and suicidal communications of people in psychological distress, and the actions to take to prevent a possible tragedy. Capacity is limited and pre-registration is required. RSVP at suicide.prevention@hhs.texas.gov

 

Justice Court Section Webinar – Civil Trial and Pretrial Rules and Practice in Justice Courts

Presenter, Rebecca Glisan, TJCTC Director of Curriculum & Staff Attorney

This course will cover some of the specific rules and common issues that arise in justice courts related to jury and bench trials as well as pre-trial motions and hearings. Topics will include continuances, mediation and agreed orders, summary disposition, discovery, evidence, development of the facts of the case, preparing the jury, and more.

Friday, May 17, 2024 from noon – 1:00 pm

Registration Link:  https://us06web.zoom.us/meeting/register/tZ0uf-qprTwiEt0SfYLrJi12yZMulvcVHzA9%20#/registration

 

 Free Lexipol Training for Law Enforcement

One of the top-national law enforcement training organizations, Lexipol, has partnered with Dak Prescott’s Faith, Fight, Finish Foundation to offer some free training for law enforcement. This could be helpful to constables and deputies looking for additional training to complete all of their TCOLE requirements.

https://cycle.lexipol.com

Recording For Credit Posted

Mental Health Resources for Judges

TLAP helps judges with issues related to substance use or mental health disorders and maintains a list of volunteer judges who are interested in providing support to peers in crisis. This class will feature a discussion with TLAP and the resources available for judges dealing with issues such as vicarious trauma. The handouts for the course are also attached to his email.

Click here to view the recording

Sequential Intercept Model Mapping Opportunity

Texas Health and Human Services (HHSC) has published the Fall 2024 Sequential Intercept Model (SIM) mapping workshop application for communities interested in working with the HHSC Office of Forensic Coordination to map local behavioral health, criminal justice, or juvenile justice systems and develop action plans. The application deadline is May 17, and the application and more information about the SIM process is available at on the HHSC website.

Mental Health Awareness Month

This month is Mental Health Awareness Month, so we compiled the resources in the following newsletter for you to use throughout the month to bring awareness to the topic that so-often comes up in your courts.

You can also find additional news about the intersection of mental health and courts at JCMH News.

Mental Health Awareness Month 

We hope that you find these resources helpful and enjoy the warmer weather!

– Thea and the TJCTC Team

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