waiver – The Docket

May 20, 2025

TJCTC Updates 5.19.2025

Online Training & More

This week we have a few resources and legal questions along with some reminders for available online trainings.

Legal Question of the Week

Question: Can a plaintiff in a debt claim file one petition against one Defendant but have multiple claims? Example: Plaintiff ABC Legal filed one petition against Defendant Jane Doe listing count 1 – Discover bank charge off account purchased by ABC Legal. Count 2 – AMEX CC charge off account purchased by ABC Legal. Shouldn’t the plaintiff file a petition for each separate debt?

Answer: Yes, if the case is between the same plaintiff and defendant (looks like it is, because ABC Legal now owns all of the debts), then they can be filed in the same case, even if there are multiple contracts/debts. The plaintiff could also choose to file as two separate cases. It is up to the plaintiff on how they choose to file the case. Note, this applies to all small claims (not just debt claims) – multiple causes of action can be handled in the same case if the total damages fall below $20,000.

Upcoming TJCTC Webinars

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

Justice for All: Navigating the Legal Landscape of Animal Cases in the Courtroom

July 18th from 1:00 – 3:00 pm

This webinar will address the role of the justice of the peace in animal cruelty cases, as well as other animal-related laws appearing before the court. In doing so, it will touch upon dangerous dog cases, serious bodily injury cases, civil seizures, appellate process, and thinking outside the box when working with the parties for the greater good of the community.

Upcoming NCSC Webinars

Courts & Accommodations for Users with Disabilities

Tuesday, May 20 at 2:00 pm CT

This webinar will explore how courts implement accommodations tailored to the diverse needs of individuals with disabilities. We will discuss how courts can handle accommodation requests and provide guidance on best practices for making informed decisions that enhance accessibility. To enrich the learning experience, we will use hypothetical scenarios to illustrate real-world scenarios and the decision-making processes involved.

Note, this webinar is not sponsored by TJCTC, but judges and court personnel may submit proof of attendance for general judicial education credit.

Register to the Webinar: https://ncsc-org.zoom.us/webinar/register/WN_oknT1T1GT82-Gt0LAdhBkw?utm_campaign=731104_Whats%20on%20May%2019%20%28new%29&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,FO4G,4VW08I,2ICK4,1#/registration

AI-Assisted Translation in the Courts: Exploring Opportunities and Navigating Risks

Wednesday, May 21 at noon CT

In this webinar, we will candidly discuss the potential risks associated with AI translation tools, distinguishing between applications with varying levels of sensitivity — such as translating court forms versus court transcripts. The webinar aims to provide participants with a balanced understanding of the potential benefits and risks of AI-assisted translation in the courts, empowering them to make informed decisions about its implementation and use.

Note, this webinar is not sponsored by TJCTC, but judges and court personnel may submit proof of attendance for general judicial education credit.

Register for the Webinar: https://zoom.us/webinar/register/WN_ZUPPIm9pQLiEo5aV-UR30w?utm_campaign=731104_Whats%20on%20May%2019%20%28new%29&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,FO4G,4VW08I,2ICK3,1#/registration

6 Mental Health Tips from Psychologists

May is Mental Health Awareness Month

As we reflect on our mental health this month, why not look to the professionals for the best tips? The American Psychological Association just shared an article called 6 mental health tips psychologists use.

Make sure to also check out the Mental Health Awareness Month content that TJCTC has been sharing on LinkedIn and Facebook. Make sure to follow TJCTC on social media for tips like this as well as office closures and other important updates.

April 9, 2025April 9, 2025

Updates 4.9.2025

Registration Updates & More!

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.

The new link is Figure: 37 TAC §15.89(b).

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.

Upcoming TJCTC Webinars

Law & Literature Webinar **THIS WEEK**

April 10th from 2:00 – 3:00 pm

Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.

Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book. Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!

Clearing Your Docket While Helping Your Community: An Update

June 5th from 2:00 – 4:00 pm

This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.

It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates.

Updated SRL Page

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.

Check out the SRL Page: https://www.tjctc.org/srl.html

April 9, 2025

Updates 3.17.2025

Lots of Legal Information

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

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

Clarifications & Updates from Recent Classes

CDL Issued by Mexico

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

“Over Group of Axles”

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

Legal Question of the Month

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

Answer: This situation is not expressly dealt with in the juvenile criminal diversion statutes.

Therefore, it is ultimately up to the court how they want to handle the citation/charges.

TJCTC’s position is that the court should handle the charges together and divert both if the standard eligibility elements are met, the charges are not traffic offenses, and both charges are in one citation.

In support of our position, CCP Art 45.310, in part, says, “If a charge involving a child who is eligible for diversion is filed,” and CCP Art. 45.301 defines “charge” as “a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.”

Thus, if two alleged offenses are contained in one citation, that meets the definition of “charge” in CCP 45.310, and the court may divert both charges in one agreement.

We also recommend speaking to the other JPs in your county to see if you can all come to an agreement on how this situation will be handled in your county. This would help ensure fairness and predictability for juveniles in your area.

Caselaw Updates

Staley v. State

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

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

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

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

Spots filling fast! (Judges Only)

There are still spots open for justices of the peace at the annual Impaired Driving Symposium held July 30-31 in Denton.

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

Upcoming TJCTC Webinars

Law & Literature Webinar

April 10th from 2:00 – 3:00 pm

Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.

Clearing Your Docket While Helping Your Community: An Update

June 5th from 2:00 – 4:00 pm

This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.

It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates

Rescheduled TAC Training

Judicial Forum on Mental Health (Judges Only)

The Judicial Forum on Mental Health will give county judges and justices of the peace information about the nature of mental illness in the courts, crucial legislative updates and how to create important partnerships.

August 14, 2025 – August 15, 2025

08:00 AM – 05:00 PM

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

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

Family Help Link

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

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

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

February 27, 2025February 27, 2025

Updates 2.27.2025

March is Upon Us!

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.

Link to register: https://www.police1.com/webinar-unlocking-grant-opportunities-funding-the-future-of-public-safety-technology?utm_source=delivra&utm_medium=email&utm_campaign=114071_FaroTech_P1_FullList_2979_24359.2_2-17-25&utm_id=8516488&dlv-emuid=340227d6-c376-43c9-955f-d7ee1ed0497d&dlv-mlid=8516488

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.

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

Upcoming TJCTC Webinars

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!

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

Law & Literature Webinar

April 10th from 2:00 – 3:00 pm

Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.

Learn more here: https://docket.wp.txstate.edu/2025/01/22/law-literature/

Link to register: https://txstate.zoom.us/webinar/register/WN_Er9LPQhaTl2jltrLKgyicQ#/registration

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

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

Heart Health Awareness Month

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.

More information and resources can be found on the CDC website: https://www.cdc.gov/heart-disease/php/heart-month/index.html#cdc_generic_section_2-shareable-and-printable-tools-in-english-and-spanish

February 4, 2025

TJCTC Updates 1.31.2025

Hello,

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.

Constable Corner

5 New Skills Every Public Safety Leader Needs to Succeed Today
Thursday, February 6 | 1 pm Eastern

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.

Register Today!

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.

Use this link to register via Zoom: https://us06web.zoom.us/meeting/register/4Kl7jVotQXaZLYLcahVkdg#/registration

When Evictions Met AirBNB: A Conversation

February 27th from 2:00 – 3:00 pm

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.

Use this link to register via Zoom: https://txstate.zoom.us/webinar/register/WN_JjFkV1wLSqKA4bMj32fjsA#/registration

Law & Literature Webinar

April 10th from 2:00 – 3:00 pm

Do you want to get paid to be part of a book club? Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.

Learn more here: https://docket.wp.txstate.edu/2025/01/22/law-literature/

Use this link to register via Zoom: https://txstate.zoom.us/webinar/register/WN_Er9LPQhaTl2jltrLKgyicQ#/registration

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.

Use this link to register via Zoom: https://txstate.zoom.us/webinar/register/WN_spcexLIFROSVykhcZrpsZg#/registration

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.

Here is the link to the series: https://lnkd.in/eEpgdFdu