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.
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.
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).
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.
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 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)
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.
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.
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.
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.htmlwhere 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.
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.
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
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.
Late Friday afternoon, the Texas Supreme Court issued an emergency order, allowing justice courts in Fort Bend, Galveston, Harris, Matagorda, and Montgomery counties to extend deadlines if their office has been disrupted by the hurricane.
On Monday, July 15, 2024, an amended order was issued adding Brazoria County.
Please note, these deadline extensions could also impact the timelines for constable service in those counties, so constables should work with their courts to make sure service is proper and on the correct extended timeline.
