You should have received an email earlier today about registration for legislative updates. If you missed it, you can view it online.
This is a short update with reminders for upcoming online programs. Don’t forget to scroll to the bottom to hear about the updated SRL Page.
Updated Moving Violation Link
The link for the chart of Moving Violations has been updated. This is the list courts use to determine Driving Safety Course eligible offenses for defendants under the age of 25.
TJCTC materials will be updated later this year to include this new link and other legislative changes.
Legal Question of the Month
Question: Under Texas law, can a claimant recover damages for negligence if they are more than 50% at fault, and how is their recovery affected if they are partially at fault?
Answer: No, under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if their percentage of responsibility is greater than 50%. If the claimant is 50% or less at fault, they may recover damages, but under Section 33.012(a), the amount is reduced by their percentage of responsibility. The process of assigning percentage of liability is called Modified Comparative Negligence or Proportionate Responsibility.
This is a question for the jury to answer in a jury trial and TJCTC has a special verdict form that can be used if it is a questions. The jury cannot be advised about any consequences of their answers related to proportionate responsibility.
Do you want to learn more?
You can watch the recording for credit: How Much Should the Judgement Be? Calculating Damages in Civil Cases for more information.
Webinar from State Bar Justice Court Section: Repair and Remedy and Repair and Deduct Claims in Justice Courts
Friday, April 25, 2025, Noon – 1 pm
This session will offer 1 hour MCLE credit. After registering, you will receive a confirmation email with a link to join the webinar.
Course Description: This presentation will provide a statutory and procedural overview of Repair and Remedy and Repair and Deduct claims, both governed by Chapter 92, Subchapter B of the Texas Property Code, in Justice Courts. Additionally, this presentation will review relevant caselaw related to Repair and Remedy and Repair and Deduct claims and further provide practical considerations and best practices. We hope to see you in attendance!
Instructors: Marisela Gonzales and Stuart Campbell
Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association.
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.
We made some updates and added a few more resources. Make sure you take a look and feel free to share with people who come to your court looking for assistance.
Note: There are several great videos about court procedures from the National Center for State Courts and the Austin Young Lawyers Association available there now as well.
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.
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.
Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.
Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book. Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!
Clearing Your Docket While Helping Your Community: An Update
June 5th from 2:00 – 4:00 pm
This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.
It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates
The Judicial Forum on Mental Health will give county judges and justices of the peace information about the nature of mental illness in the courts, crucial legislative updates and how to create important partnerships.
August 14, 2025 – August 15, 2025
08:00 AM – 05:00 PM
DoubleTree by Hilton Hotel Austin 6505 N. Interstate 35 Austin, TX 78752
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.
It has been a busy March so far, with a JP Conference and a Civil Process Conference back-to-back with JPCA Day right in the middle! We had such a great time welcoming so many of you to Austin!
There are several great webinars and trainings coming up, both from TJCTC and other outside groups. Make sure to scroll down all the way to register for the webinars this week. **There is one this week!**
More than 200 JPCA members at the Capitol for JPCA Day!
The Justices of the Peace and Constables Association had a great showing at the Capitol for your annual legislative day. While members of the TJCTC staff didn’t attend, we sure enjoyed seeing you all before and after at our conferences.
As this legislative session is underway, we wanted to remind you all that TJCTC will provide legislative updates late this summer (registration coming soon), but if you are interested on what is going on at the legislature now, contact your JPCA legislative teams – https://jpca.com/legislative/.
Spots filling fast! (Judges Only)
There are still spots open for justices of the peace at the annual Impaired Driving Symposium held July 30-31 in Denton.
This week is Wellness Week, and Lexipol has compiled a week’s worth of trainings, resources, and reminders for you to be the best you can be mentally and physically! Check them out at the Lexipol website by clicking the button below
Note: This is not a TJCTC sponsored training, but from a reputable criminal justice training agency.
Webinar from State Bar Justice Court Section: From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court
Friday, March 21, 2025, Noon – 1 pm
Judge Ralph D. Swearingin, Jr. and Craig Noack will present From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court. This session will offer 1 hour MCLE credit. After registering, you will receive a confirmation email with a link to join the webinar.
Course Description: This presentation will provide some insights from the bench on post-judgment collections and the appointment of receiverships. Additionally, the presentation will provide an in-depth look at the role of a receiver once appointed, including the behind-the-scenes work involved in collaborating with the judgment debtor
Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association.
Restorative Justice Pathways for Juvenile Offenses
THIS WEEK!!! March 14th from 2:00 pm – 4:00 pm
Explore the critical intersection of emotional hygiene, shame, and juvenile behavior in our powerful session. Discover effective restorative justice strategies designed to promote healing, accountability, and meaningful community involvement within the juvenile justice system. Join us to unlock the power of restorative justice!
Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.
Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book. Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!
Clearing Your Docket While Helping Your Community: An Update
June 5th from 2:00 – 4:00 pm
This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.
It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates
The Judicial Forum on Mental Health will give county judges and justices of the peace information about the nature of mental illness in the courts, crucial legislative updates and how to create important partnerships.
August 14, 2025 – August 15, 2025
08:00 AM – 05:00 PM
DoubleTree by Hilton Hotel Austin 6505 N. Interstate 35 Austin, TX 78752
This month is Disability Awareness Month. Are you doing everything possible to make your court accessible for all court users?
Do you know that 1 in 4 adults in the United States experience some type of disability at some point in their life?
A disability is a visible or invisible condition that substantially limits one or more major life activities such as eating, sleeping, speaking, hearing, walking, seeing, breathing, caring for one’s self, or working.
We discuss the Americans with Disabilities Act and what court compliance looks like in the recently updated Interpreters Self-Paced Module.
Check out all of the Self-Paced Modules on TJCTC’s Website:
As we finish out these last few days of February, we have several resources to share related to inquests, and some reminders about upcoming webinars and other programs.
Bulletin for Judges Conducting Inquests: Measles Outbreak
The Texas Department of State Health Services (DSHS) reports the first measles-related death in the ongoing outbreak affecting the South Plains and Panhandle regions. As of February 25, 2025, 124 confirmed cases have been reported since late January, with most occurring in children. Eighteen people have been hospitalized due to complications from the virus. For a detailed breakdown of cases by county, please refer to the DSHS update: Texas Health Services
Under Texas law, a “communicable disease” is defined as an illness transmitted from an infected person, animal, or environmental source. Health & Safety Code § 81.003. If an inquest suggests that a death may be related to a communicable disease, judges are required to report it immediately to the local health authority or the Texas Department of Health. Health & Safety Code § 81.045(c).
Key Indicators of Measles in Cause of Death Investigations Measles is highly contagious and spreads through direct contact with infectious droplets or airborne transmission when an infected person breathes, coughs, or sneezes. Symptoms typically appear 7-14 days after exposure, beginning with high fever, cough, runny nose, and red, watery eyes. A few days later, a red rash develops, starting on the face and spreading to the rest of the body. Infected individuals are contagious from about four days before the rash appears to four days after. If signs of measles are suspected in an inquest, immediate reporting and further investigation are necessary.
TJCTC is closely monitoring updates from DSHS and will keep you informed as they are provided.
Constable Corner
Webinar from Police One: Unlocking grant opportunities: Funding the future of public safety technology
Tuesday, March 11, at 1 p.m.
Learn how to maximize resources and address critical challenges, including crime scene documentation, crash reconstruction and pre-incident planning.
Note: This is not a TJCTC sponsored webinar, but from a reputable criminal justice training agency.
Webinar from State Bar Justice Court Section: From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court
Friday, March 21, 2025, Noon – 1 pm
Judge Ralph D. Swearingin, Jr. and Craig Noack will present From Court Receivership Application & Hearing to What the Receiver Does After Issuance in Justice Court. This session will offer 1 hour MCLE credit. After registering, you will receive a confirmation email with a link to join the webinar.
Course Description: This presentation will provide some insights from the bench on post-judgment collections and the appointment of receiverships. Additionally, the presentation will provide an in-depth look at the role of a receiver once appointed, including the behind-the-scenes work involved in collaborating with the judgment debtor
Note: This is not a TJCTC sponsored webinar, but from a section of the Texas State Bar Association.
Restorative Justice Pathways for Juvenile Offenses
March 14th from 2:00 pm – 4:00 pm
Explore the critical intersection of emotional hygiene, shame, and juvenile behavior in our powerful session. Discover effective restorative justice strategies designed to promote healing, accountability, and meaningful community involvement within the juvenile justice system. Join us to unlock the power of restorative justice!
Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.
Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book. Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!
Clearing Your Docket While Helping Your Community: An Update
June 5th from 2:00 – 4:00 pm
This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.
It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates
This month is Heart Health Awareness Month. From learning and teaching about inquests, we know that poor heart health often contributes to cause of death. Here are a few facts about heart health to think about for yourself and share with families when a person passes away as a result of heart disease.
Heart disease is very common. In the United States, heart disease is the leading cause of death for men, women, and people of most racial and ethnic groups. In 2022, 1 in every 5 deaths in the United States was caused by heart disease.
High blood pressure is a leading cause of heart disease. Nearly half of U.S. adults have high blood pressure, which puts them at risk for heart disease and stroke. And just 1 in 4 people with high blood pressure has it under control.
Heart disease is costly. The cost of health care services, medications, and lost productivity from heart disease amounted to $252.2 billion between 2019 and 2020.
We are excited to be back in the swing of things at conferences around the state! Don’t forget, this might slow down the legal board or legal call response time if staff is traveling to or teaching at a program.
This round of Updates includes some important legal announcements and links to sign up for several training opportunities, so make sure to scroll all the way to the bottom.
Don’t forget! Every court should have (as of January 1, 2025) a Juvenile/Youth Diversion Plan available for public inspection. For more resources, information, and help with this topic, please see a special post on this blog, The Docket.
Legal Question of the Week
Question: I sent a request to a Health Care Provider for records of a deceased using the form provided on your website. The provider uses an outside company to manage their records. I received a reply that I had to provide an attestation form under the Reproductive Health Care Privacy Final Rule before I can receive the records. Is this proper and, if so, what do I need to attest. Thanks,
This webinar will feature a justice of the peace and constable discussing issues around short-term vacation rentals, tenants vs. lodgers, property owners’ rights, and more.
Restorative Justice Pathways for Juvenile Offenses
March 14th from 2:00 pm – 4:00 pm
Explore the critical intersection of emotional hygiene, shame, and juvenile behavior in our powerful session. Discover effective restorative justice strategies designed to promote healing, accountability, and meaningful community involvement within the juvenile justice system. Join us to unlock the power of restorative justice!
Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.
Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book. Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!
Clearing Your Docket While Helping Your Community: An Update
June 5th from 2:00 – 4:00 pm
This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.
It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates.
February is Teen Dating Violence Awareness Month (TDVAM), and there is a grant-funded website with resources that anyone can use to share information with the public.
Why??
Dating violence is more common than you may think, especially among teens and young adults: 1 in 3 U.S. teens will experience physical, sexual, or emotional abuse from someone they’re in a relationship with before becoming adults. And nearly half (43%) of U.S. college women report experiencing violent or abusive dating behaviors.
We have finally made it to the end of January. Between the winter storms and getting back to a normal schedule, it has been a long month!
Hopefully you get some much-needed rest and relaxation this weekend, to get ready for all of the training we have in store for February! Make sure to read all the way to the end – we have some fun and informative online training coming your way soon.
Don’t forget! Every court should have (as of January 1, 2025) a Juvenile/Youth Diversion Plan available for public inspection. For more resources, information, and help with this topic, please see a previous post on The Docket.
Presented by: Battalion Chief Bruce Bjorge and Chief (Ret.) Dave Funkhouser
As a public safety leader, you likely completed coursework in leadership, possibly on your way to earning a bachelor’s or master’s degree. You may have even been fortunate enough to receive training as you promoted into new roles. But for most leaders, these educational resources fail to address many of the challenges facing today’s agencies. Being a public safety leader today is different than it was 10 to 15 years ago. Leaders must be dynamic, flexible, and innovative with the ability to navigate complex environments and a variety of challenges, from changes in technology to community expectations and increased accountability.
Join Lexipol for a webinar with Battalion Chief (Ret.) Bruce Bjorge and Chief (Ret.) Dave Funkhouser as they share five essential skills every public safety leader needs today to excel and effectively support their teams and communities.
You’ll learn:
Key skills that modern public safety leaders need to navigate today’s challenges.
Strategies to foster innovation, adaptability, and resilience within public safety teams.
How to utilize leadership principles that align with community expectations and organizational accountability.
Registration is free. Can’t make it? Register anyway and they will send you a link to the recording after the event.
State Bar Justice Court Section Webinar
Justice Court Staff Psychology: Understanding Ethical Group DynamicsThursday, February 13, 2025 at noon CT
Join the Texas State Bar Justice Court Section for a webinar next month as Dr. Malinda Fasol and Daisy Espinoza present Justice Court Staff Psychology: Understanding Ethical Group Dynamics. This session will offer 1 hour ethics credit
Thursday, February 13, 2025, from noon – 1 pm
Course Description: Justice Court Staff are essential for efficient operation of Texas Justice Courts. Just like other office settings, conflicts or personalities will sometimes present challenges. The goal is harmony. Understanding group dynamics will help to prevent or resolve any such conflicts which might interfere with smooth efficient operation of a Justice Court. This course will provide useful insights for Justice Court judges as well as their staff.
About the Presenters: Dr. Malinda Fasol is licensed by the State of Texas as a Licensed Professional Counselor. Dr. Fasol holds a Master of Arts in Marriage & Family Counseling from New Orleans Baptist Theological Seminary and a Doctor of Philosophy in Psychology & Counseling from Southwestern Baptist Theological Seminary. Learn more about Dr. Fasol’s background HERE.
Daisy Espinoza has been the Justice Court Manager for Tarrant County Precinct 1 for more than five years and manages all of the daily operations of the Justice Court. Learn about more Daisy’s background HERE.
This webinar will feature a justice of the peace and constable discussing issues around short-term vacation rentals, tenants vs. lodgers, property owners’ rights, and more.
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.
Video Series from Austin Young Lawyers Association – Did you miss it last year?
Austin Young Lawyers Association has launched “How to Pick Jurors for Your Trial in Justice Courts and Municipal Courts” video series. AYLA received a Texas Bar Foundation grant to produce these educational series for pro se litigants. The video project made possible with the support and efforts of the Travis County District Clerk.
This is a great resource to share with self-represented litigants who have questions about the trial process, especially jury selection.
You may also notice a special appearance by your colleague, Judge Sylvia Holmes.
As January is upon us, we wanted to make sure that you have all of the resources related to Juvenile Diversions in one place. Remember, the new Juvenile Diversion Programs must be up and running by January 1, 2025, including courts providing public access to their Juvenile/Youth Diversion Plans.
You may have already taken a course at a 20-hr program, one of our webinars, or completed the self-paced module and have seen many of these resources before, but note that there are additional resources compiled here.
You will also find an FAQ below with some common questions.
TJCTC Resources
You can access many resources related to Juvenile Diversion on TJCTC’s website (https://www.tjctc.org/).
We receive some questions often, and wanted to include them as a reference guide.
Multiple Charges:
We have several juveniles that had 2 charges filed on them in a single incident. How do we handle this with juvenile Diversion?
This situation is not expressly dealt with in the juvenile criminal diversion statutes.
Therefore, it is ultimately up to the court how they want to handle the citation/charges.
TJCTC’s position is that the court should handle the charges together and divert both if the standard eligibility elements are met, the charges are not traffic offenses, and both charges are in one citation.
In support of our position, CCP Art 45.310, in part, says, “If a charge involving a child who is eligible for diversion is filed,” and CCP Art. 45.301 defines “charge” as “a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.”
Thus, if two alleged offenses are contained in one citation, that meets the definition of “charge” in CCP 45.310, and the court may divert both charges in one agreement.
We also recommend speaking to the other JPs in your county to see if you can all come to an agreement on how this situation will be handled in your county. This would help ensure fairness and predictability for juveniles in your area.
Fees:
Can you clarify or help me find where in the statute it states courts have to pay for any outside program assigned during the youth diversion program. CCP Art. 45.312 states there can’t be a fee assessed by the courts other than the $50 fee, but not for any outside program referred to such as drug/alcohol class etc. There are many interpretations made by different courts and would like clarification or your perspective.
From P. 86 of the Juvenile Deskbook: The court may collect from a child’s parent (not the child) a $50 Local Youth Diversion Administrative Fee to defray the costs of the diversion, but only if the fee is an accepted term in the diversion agreement. Code of Criminal Procedure Art. 45.312(a), (b). Diversion may not be made contingent on payment of a fee. Code of Criminal Procedure Art. 45.312(i). No other costs or fees may be assessed for a diversion. Code of Criminal Procedure Art. 45.312(h).
Since no other fees may be assessed or required, TJCTC believes that a child cannot be forced to pay for a program as part of a diversion. Options include the court/county using the fund created from the $50 administrative fee, Local Youth Diversion Fund, County Juvenile Delinquency Prevention Fund, or other general court funds to cover the costs of programs and/or entering into agreements with service providers for the programs to be made available to diverted children without cost. (Note, these specific Funds are discussed in the next FAQ).
Juvenile Case Managers and Funding:
What funding sources are available to help pay the salary or a Juvenile Case Manager/Youth Diversion Coordinator or supplement the salary of a court clerk who will serve in the role part time?
There are several funds related to Juvenile Diversions and pay for Juvenile Case Managers (JCM) and Youth Diversion Coordinators (YDC). First, it is important that while in practice these position titles are hard to distinguish, many of the statutes do only apply to one or the other.
A court can designate a YDC, but only a Commissioners Court can designate a JCM.
First, we have the Administrative $50 fee under CCP Art. 45.312(a) that is the only fee assessed in a Juvenile Diversion. The purpose of this money is “to offset the costs of diversion” and it should be placed in an “account to offset the costs of diversion.” Note, the statute does not require this money to be put in one of the other funds that we discuss later. We believe these funds can be used to fund both the salary of a full-time JCM or YDC and as a supplement to a clerk, but since it isn’t collected until a diversion case comes in, it might be difficult to use this year for this purpose from an accounting perspective.
Local Youth Diversion Fund (Local Government Code [LGC] 134.156) - this fund is funded by $5 from the Local Consolidated Cost charged as part of court costs. See LGC 134.103. This fund can be used for the salary and benefits of a full-time JCM, but “money in the fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager.” This means that in a county where there a JCM is spending their majority of the time on Juvenile Diversions and Truancy, then their salary could be funded by this fund. This fund won’t be available for a supplement for a JCM or YDC who primarily serves as a clerk. If a court doesn’t have a JCM, but does designate a YDC, they cannot use the Local Youth Diversion Fund to fund that position, even if that person does mostly juvenile work.
County Juvenile Delinquency Prevention Fund (CCP Art. 102.0171) – This fund is funded by $50 from Graffiti offenses after Jan. 1, 2025, and can be used to “providing funding for youth diversion.” This funding could be used to fund JCMs or YDC, but because justice courts do not start contributing this fee to this fund until 2025, there may or may not be adequate funds for this purpose.
The Justice Court Assistance and Technology Fund (CCP Art. 102.0173) – One of the allowable uses of this fund is “education, benefits, and salaries for court personnel.” This fund can absolutely be used to fund the salary of a JCM or YDC employed by the court or to supplement a court clerk’s salary who will serve as a JCM or YDC.
Local Government Code 133.125(c) also allows for counties to apply for funds from the Governor, ” A local governmental entity may request funds from the criminal justice division of the governor’s office for providing youth diversion services. The division may award the requested funds based on the availability of appropriated funds and subject to the application procedure and eligibility requirements specified by division rule.” These funds could be used for the salary or supplemental salary of a person serving as a JCM or YDC.
Expunction of Records:
When does expunction of records happen in Juvenile Diversions?
If the child is placed on diversion, then all records of the diversion must be expunged without the requirement of a motion or request, on the child’s 18th birthday pursuant to CCP Art. 45.313, whether or not the juvenile is successful. When a case is expunged, all records must be destroyed, and the existence of the case cannot be made known to anyone for any reason. For more information about juvenile diversion, please see Ch. 3A of TJCTC’s Juvenile Deskbook.
Note, criminal charges filed, even if dismissed, would not be expunged automatically under this statute (but may be expunged under other statutes depending on the situation).
Tracking Cases:
We are trying to find a good way to track our cases that will be referred to the Juvenile Diversion Program. If we enter these cases in our case management system (Odyssey) and mark them as “sealed” or “locked” records, would that be sufficient to comply with the statute? I understand that they cannot remain “active cases”, but that way we would still have a way of keeping track of those individuals.
Using a different case type or something like you have described makes sense. We do not see any major issues with this, as long as the records are handled appropriately under the statute if the juvenile completes the juvenile diversion successfully.
Remember, diversion cases should only be tracked for the purpose of accounting, for statistical records of diversion strategies, and ultimately reporting successful diversions. They will be confidential and are not actually pending criminal cases (and if they were filed, should be dismissed) while the juvenile is in the diversion process.
Minor Alcohol Cases & Diversion:
What about MIC, MIP, and DUI?
Remember, for the purposes of juvenile diversions, we are only talking about juveniles under the age of 17, minors aged 17-21 will not be eligible for this diversion, and will be handled according to standard procedures.
Starting January 1, 2025, juvenile diversions are available to all offenses in justice court that are not traffic offenses. The crimes of minor in possession and minor in consumption are not traffic offenses. Therefore, an eligible child would be entitled to diversion for these alleged offenses.
Our position is that Driving Under the Influence (DUI) [not Driving While Intoxicated – that is a higher-level case handled in other courts] is not a traffic offense either and would be entitled to diversion.
Absent an express definition, words and phrases take on their normal meanings. Ultimately, it will be up to the court to decide if they believe that DUI falls into the category of “traffic offenses” or not, as there is no explicit definition.
This is one way to think about what “traffic offenses” means. Imagine that a teenager wanted to intern in your court. You asked her whether she’s had any legal trouble besides traffic offenses. If she had been caught driving under the influence, would she be lying if she had said “no?” We think she would be. That’s why we think DUI is not a traffic offense and should be subject to diversion. Additionally, while it doesn’t apply specifically to juvenile diversions, the only definition of “traffic offenses” involves offenses in certain sections of the Transportation Code, and DUI by a Minor is in the Alcoholic Beverages Code.
Intermediate Diversion Outcomes:
What happens if a juvenile is on an intermediate diversion (handled by the Juvenile Case Manager/Youth Diversion Coordinator)?
If the child successfully complies with the agreement, the case shall be closed and reported as a successful diversion to the court. Code of Criminal Procedure Art. 45.309(c). If the child fails to comply, the child is referred for a non-adversarial hearing before the court. At this hearing, the court may hear from any person the court finds helpful in determining the best path forward, considering the best interests of the child and long-term safety of the community. Code of Criminal Procedure Art. 45.311(a),(b). If the court determines that the diversion was unsuccessful, the case may be referred to the prosecutor for a possible criminal filing or sent to the Juvenile Court.
More information about these hearings can be found on pages 85-86 of the Juvenile Deskbook.
This week has been busy and also very exciting as we welcomed the new judges to their Stage I training.
This update is packed-full. Make sure you scroll all the way down to find the links for our NEW Juvenile Diversion Forms and to sign up for our upcoming Juvenile Diversions Webinar: Children in the Courts.
Caselaw Update Important
First Amendment Right to View Magistration Hearings
The Fifth Circuit Court of Appeals held that a closed magistration hearing violates the First Amendment. The case is Texas Tribune v. Caldwell County.
Check out our full explanation and advice on TJCTC’s blog, The Docket.
As our newly-elected colleagues are taking office, so are many new court personnel and deputies. We thought this is an appropriate time to remind everyone about their duties related to public access to court and government records.
Courts
Remember, courts hold two types of records: court case records and judicial records. Both are generally open for public access or inspection, with a few limitations. The chart below (from page 14 of the Recordkeeping and Reporting Deskbook) discusses the differences.
Court Case Records vs. Judicial Records
Key Point
Because these records are public, there should not be a burdensome process for a someone to go through, especially a party or person assisting in their representation.
For example, in an eviction case, an attorney may request a copy of the case file prior to agreeing to represent a tenant or landlord in an appeal, so that they can make sure they don’t have any conflicts. It is important for these records to be released promptly, because of the short timelines for the case. No letter of representation is necessary for the release of the records, because the record is public and could be released to anyone. If you would like the person requesting the record to submit a written request, it is a best practice to have a form ready for them to complete and allow submission of the request by email, mail, and at the counter.
Do you want to study the specifics of records release and retention? The Recordkeeping Deskbookdiscusses these issues in detail!
Constable and other law enforcement offices are subject to the Public Information Act (PIA), so they follow different rules related to the release of records.
This webinar will explore juvenile diversions including potential issues related to language access, mental health concerns, and disabilities. This course satisfies the requirement of Government Code Sec. 22.1105.
Tuesday, December 17, 2024, at 2:00 pm.
Note: An extension of this course will also be offered as a general session at the 20-hr Conferences during this academic year.
Remember, Juvenile Diversion Plans must be in place and available for public inspection for all justice courts by January 1, 2025.
Texas County Progress
The Texas County Judges & Commissioners Association publishes a monthly magazine that often has helpful articles and information for justices of the peace and constables.
This month they shared an article called Do’s and Don’ts of County Purchasing, that might be of particular interest, especially for the newly-elected.
Do you have questions about this update or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.
As the year comes to an end, we have a few legal updates for you as well as some training opportunities.
There is recent caselaw out of the Fifth Circuit that will impact your county, and the Census of Medical Examiner and Coroner Offices (CMEC) requires JP responses soon, as JPs fill the coroner role in Texas. Also, don’t miss a pretty cool new resource to share with self-represented litigants!
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.
Census of Medical Examiner and Coroner Offices (CMEC)
IMPORTANT!!!!
RTI International, on behalf of BJS, is conducting the Census of Medical Examiner and Coroner Offices (CMEC), and theyare in our last 2 weeks of data collection efforts.
All JPs in counties without a Medical Examiner’s Office should have gotten an email with log in credentials for the CMEC in early October. If you have not yet completed the survey, please do so by December 13 so that you can be included in this important effort.
It’s crucial for all offices, no matter the size, to participate in the CMEC to ensure the data accurately reflects all offices performing death investigations across the US. Even if you are not tasked with death investigation efforts, please log in, and the survey will allow you indicate that you do not investigate deaths as part of your assigned responsibilities.
As of now, Texas’ response rate is less than 10%. If you did not receive log in credentials for the survey, or if you have any questions, please contact CMEC@RTI.org.
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 the button below to watch via Zoom.
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.
Video Series from Austin Young Lawyers Association
Austin Young Lawyers Association has launched “How to Pick Jurors for Your Trial in Justice Courts and Municipal Courts” video series. AYLA received a Texas Bar Foundation grant to produce these educational series for pro se litigants. The video project made possible with the support and efforts of the Travis County District Clerk.
This is a great resource to share with self-represented litigants who have questions about the trial process, especially jury selection.
You may also notice a special appearance by your colleague, Judge Sylvia Holmes.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
