TJCTC Updates 4.22.2024

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Judges, Constables, Deputies, and Court Staff,

We have a lot to share this week – webinars, modules, caselaw, and more. Make sure to scroll all the way down!

 

TJCTC Webinar – 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.

Thursday, May 2, 2024 from 2:00 – 3:00 p.m.

Registration link: https://txstate.zoom.us/webinar/register/WN_PcBlRuUQQlatRObdzcHpiw#/registration

 

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

 

Financial Literacy Month

In addition to stress awareness month, April is also Financial Literacy Month. We put together a list of resources for you to share with your communities on financial literacy. Click on the link below the flier to open in a browser.

Financial Literacy Month

 

Fair Housing Month and Fair Housing Act Module

April is also Fair Housing Month. In recognition of this month, the National Center for State Courts has released a self-paced module all about the Fair Housing Act.

 

Hybrid Hearings Initiative Resource

The National Center for State Courts recently released this resource after the last few years of researching the best practices for hybrid hearings.

 

CDL Case Resources

Whether you handle a large caseload of CDL cases or just one every-so-often, the National Judicial College has created a website full of resources just for you. Bookmark https://cdlresources.org/ to prepare for your next CDL case.

 

Upcoming Court Security Training in Williamson County

Williamson County Justice of the Peace Precinct 3 and the Office of Court Administration are partnering to host an in-person court security training at the end of May. Details are below, and a flier is attached to this email if you are interested.

May 22, 2024 from 9:00 am – 4:30 pm

100 Wilco Way, Georgetown, TX 78626

Fill out this form to RSVP, space is limited.

For questions or more information, please email cherie.vasquez@wilco.org.

 

Lexipol Webinars

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/.

 

Caselaw Updates

Martinez v. State

Issue: Can officers open an abandoned cell phone at a crime scene to view non-electronic identifying information [example: international mobile equipment identification (IMEI) number] to use to obtain a search warrant for the phone’s digital data?

Holding: Yes. “The police did not have to obtain a warrant to obtain the phone’s IMEI number from its interior SIM tray before securing a warrant to view the phone’s digital contents. The IMEI number allowed the police to describe the phone with the particularity required to obtain the warrant, and to hold otherwise would impede the ability of police officers (and good Samaritans) to attempt to determine a cell phone’s ownership by checking its nondigital identifiers … Further, by fleeing, Martinez abandoned any reasonable expectation of privacy in the IMEI number when he dropped the phone at the crime scene—a place he had no right to be.”

Why did we share this with you? This decision is helpful to both law enforcement officers and magistrates who issue search warrants. It is comprehensive, and if you handle either requesting search warrants or signing search warrants, it is worth a read.

Ex Parte Segovia

Issue: Did the trial court abuse its discretion by denying the defendant’s request for bail reduction and failing to consider the public safety report?

Holding: No. “After considering all the statutory and judicial factors relevant to setting bail, we conclude that the trial court did not abuse its discretion in denying [the defendant’s] application seeking a reduced amount of bail.” Regarding the public safety report, the Court noted that the defendant did not raise the issue until his appeal, and the Court may not consider issues that were not raised in his application and addressed by the trial court. The Court went on to say that “even if [the defendant] had presented the public safety report issue and preserved it for our review, [the defendant] does not identify how the trial court’s alleged failure to consider the report caused him harm. As such, he has not met his burden to establish his entitlement to the extraordinary relief of habeas corpus.”

Why did we share this with you? This is another case shortly after the Court of Criminal Appeals issued its opinion in Ex Parte Gayosso. The issue of public safety reports in bail cases are a hot topic that we will continue to see cases on.

 

As always, we look forward to when we see you next!

Thea & the TJCTC Team

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TJCTC Updates 2.23.2024

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Good Afternoon Judges, Constables, & Court Staff,

With February coming to a close, we wanted to share some more resources, updates, and especially some legal updates with you. 

Updates from Legal

Warrant Teletypes

Can a judge magistrate on the teletype of a warrant, or do they need an actual copy of the warrant?

You are not legally prohibited from magistrating on a teletype when you do not have a copy of the warrant, but it is definitely a best practice to have the warrant. Teletypes can sometimes have incorrect information or not have enough detail, which can then result in errors in setting bail. Here are some examples of potential problems:

  • You might not know if the warrant has been issued by the trial court judge (which would mean you are prohibited from making a bail decision) or by a magistrate (in which case you are required to make a bail decision), and this also impacts how the bail form is filled out in the PSRS.
  • If the teletype says, “no bail,” it is not always clear if it is saying no bail is allowed or just that there is not a recommended dollar amount.
  • Without the details from the warrant, you will often not have enough information about the circumstances under which the offense was committed, which is one of the factors that must be considered when determining bail.

These are just three examples; other problems could arise as well. So while it is not technically required, TJCTC recommends having a copy of the warrant to ensure that you make a good bail decision.

Texas Supreme Court Finalizes Updates for Rule of Judicial Administration 7

Earlier this week, the Texas Supreme Court published their final updates to the Rules of Judicial Administration regarding confidentiality policies.  The new Rule 7.1 requires all courts (including justice courts) to develop a confidentiality policy and rules for training and distributing the policy to court staff. They also helpfully included their own policy which may be used as a model for other courts.

Upcoming Webinars

TAA Lease Update for 2024, hosted by TJCTC (1 civil hr.)

February 23rd from 10:00 – 11:00 a.mTODAY!!!

Join TAA for a review of the latest version of its lease! This class will allow courts to fully understand the terms of the most commonly-used lease in eviction and other landlord-tenant disputes.

Registration link: https://txstate.zoom.us/webinar/register/WN_a5eSTV1pSg2vrIosPqOScA#/registration

Implementing SB4: Magistrate’s Order to Return, hosted by TJCTC

Feb 29th from 2 – 3:00 p.m.

Instructor: Bronson Tucker

This webinar will cover SB 4, taking effect on March 4th, which allows magistrates processing defendants charged with Illegal Entry into Texas to issue orders for the defendant to leave the United States. It is critical that magistrates follow the law precisely to avoid liability, and these issues will be covered in this critical course.

Registration: https://txstate.zoom.us/webinar/register/WN_3oUM3-19S4C40lTAYHqSRA

Impaired Driving Behavioral Interventions Around the Globe, hosted by The Impaired Driving Behavioral Interventions Interest Group

March 13 at 9:00 am Central Time

This webinar will highlight current evidence based impaired driving behavioral interventions conducted in Iran, Brazil, Canada, and the United States. An interactive panel will follow these presentations including:

  • How best practices and effective interventions can be implemented across the globe.
  • Where are the challenges to implement these strategies?
  • What does research tell us about the effectiveness of pre-trial/pre-sentence interventions for the impaired driver population?
  • Where are the gaps in training and education for these countermeasures?
  • What impaired driving technologies can help with implementation of interventions?

Registration: https://us06web.zoom.us/webinar/register/WN_M1A93de1SOa9Nz1lIEmTzQ#/registration

National Center for State Court Updates

NCSC Releases New Guide to Mental Health Diversion

This guide is intended to serve as a resource framework for courts and judges to use to promote and implement diversion strategies for individuals with behavioral health needs in their communities. Ideally, judges would collaborate with a range of system stakeholders to examine the entire diversion continuum but could also focus on one step of the process at a time. This guide focuses on jail diversion systems, post arrest, and pre plea. NCSC also hosted a Mental Health Diversion webinar in December 2023 on “Lessons from the Field.”

Download from the NCSC website.

NCSC Inclusive Language Resources

NCSC updated the Gender Inclusive Language Toolkit to reflect the best practices learned since initially releasing it over a year ago. It has a fresh look and light restructuring, but the message is the same. Check it out!
Also, here is a sample benchcard for quick tips and best practices that you can download. While the bench card is primarily directed to judges, the guidance in it is applicable to all professionals in the legal field.
Finally, if you have not yet watched the Tiny Chat or webinar on the topic, they are great quick references.

Updates from the Judicial Commission on Mental Health (JCMH)

JCMH routinely sends out updates including resources and training that is helpful for justice courts. If you would like to get these updates, subscribe to their email list.

Update on Legal Calls

We have had a large number of calls finding their way into the wrong voicemail inboxes. Remember, please dial 512-347-9927 and press “1” for legal calls. If you don’t, the voicemails end up with our program staff who also have a high call volume. Often times your legal call messages end up lost in their inboxes and don’t get transferred to the legal team for several days.

As always, we are looking forward to seeing you at a program in the upcoming months. We have a very busy Spring full of education events for you lined up from TJCTC!

Thea & the TJCTC Team

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TJCTC Updates 12.13.2023

Good Afternoon Judges, Constables, & Court Staff,

It has been a minute since we last shared information with you, so make sure you read all the way to the bottom of this email (especially if you are confused or have questions about our new “database” or registration system and student profiles).

 

TJCTC Holiday Hours & Legal Calls

The TJCTC Office will have limited staff available or be closed for two weeks over the holiday break, from December 18-January 2.

We will not be taking legal calls during the period from December 18 – January 2. We apologize for any inconvenience! In order to continue providing assistance to our clientele during this period, we will still be answering board questions during this time frame. Please allow up to 5 days for answers to be posted.

OCA Court Security Incident Reporting

The Office of Court Administration is transitioning over to a new platform for reporting and recording Court Security Incidents. Beginning December 6th, OCA will be using a new form to record all security incidents related to the court, judges, judicial staff, and clerks.

Please use the following link to continue reporting Court Security Incidents:

Court Security Incident Report

As of 5:00 PM CST on 12/6/2023, the old reporting form will no longer be active.

If you have any questions, please reach out to Hector Gomez or Nicholas Barsetti at Courtsecurity@txcourts.gov. Or visit the Court Security Website.

Did you know that December is Learn a Foreign Language Month?

Take a look at the language access and foreign language resources that TJCTC has pulled together by clicking below!

Learn a Foreign Language Month

 

Updated Resources

You may have already noticed, but most of the updated Deskbooks are posted. Please be patient while we finish the last few updates and work diligently to update the forms, charts, checklists, and other resources.

*New* Juvenile Criminal Diversions Webinar/Recording for Credit

This webinar was posted as a recording for credit. You can also find the handouts and the questions asked and answered from the webinar to download on the TJCTC Recordings for Credit Page. Note, we will be releasing more juvenile criminal diversion resources including forms and a new deskbook chapter soon.

*Updated* Family Violence and Other Criminal History Reporting for Justice Courts

This module now includes legislative updates and updated procedures for CJIS reporting. Remember, even if you have previously taken this course in a prior academic year, you may receive credit again for the FY24 year.

*New* Interpreters & Spanish Terminology Self-Paced Module

This module covers legal issues related to interpreters, including help for appointing interpreters, a Spanish/English legal glossary, and more! Judges and court staff can get 3 hours of credit for completing the module. Constables and their staff may also find this module to be a good resource when dealing with persons with limited English proficiency or language skills.

Both modules can be found on the TJCTC Self-Paced Modules Page.


National Center for State Courts Webinar on Mental Health Diversion

This popular webinar was posted as a recording for credit. You can watch it at the NCSC website.

Database and Website Help

Are you confused? Don’t worry, some of us at TJCTC are too! Here are a few FAQs and a video to hopefully help you out.

FAQs:

  1. Did TJCTC get a new website? No. The website is still www.tjctc.org.
  2. Did the Deskbooks and forms move? No. You can still find them under the Legal Resources tab at www.tjctc.org.
  3. How do I get to the legal board? You can access the legal board by logging into your new database account (with your email address, just like when you registered for a seminar this year). You can also use the old links on the legal board page (under the Legal Resources tab) that have been redirected to the new location.

Click the links below to watch videos about our website resources and new database.

TJCTC Website Resources

Using the new TJCTC Database

Happy Holidays!

Thea & the TJCTC Team

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Family Violence Reporting

Many of you probably remember hearing about the new (to justice court) requirement to report class c assault family violence cases to DPS at TJCTC’s Legislative Updates last summer.

For any offense committed on or after September 1, 2019, the court must report information regarding a person’s citation or arrest for class c assault family violence to DPS within 30 days of the disposition of the case. Code of Criminal Procedure 66.252.

This information will be reported to DPS either by completing the CR-43 form initiated by law enforcement or reporting directly online to the Criminal Justice Information System (CJIS). DPS has regional representatives who can provide training and get your court set up to report online.

Because we do not have access to the CJIS system at TJCTC, we are unable to answer technical questions about the system or how the reporting works. However, we are in the process of working with DPS to create a webinar for justice courts related to the reporting process.

You can find more information about reporting and the necessary forms on the DPS website, here.

If you would like contact information for your regional representative, please email Amber Myers at A_M1814@tjctc.org.

Another good resource for practical information on reporting these cases is your county or district clerk as they report the same information on case dispositions in their respective courts.

 

 

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.