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TJCTC Updates 9.25.2024

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Hello Everyone!

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

*Important* National Survey for Death Investigation Information

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

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

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

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

Legal Question of the Month

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

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

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

Online Education Opportunities

NCSC Webinars

Transitioning To a New Leadership Role

October 9th, 2024

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

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

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

October 16th, 2024

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

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

2024-2025 Education Event Schedules Released

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

Registration Dates:

Justice of the Peace Registration – October 8

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

Regular Court Personnel Registration – October 28

Civil Process Registration – November 5

Judicial Education Requirements

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

Constable’s Corner: Constable Education Requirements

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

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

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

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

– Thea & the TJCTC Team

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TJCTC Updates 8.29.2024

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Hello Everyone!

Happy almost Labor Day Weekend. We have a few training opportunities to share, and a new Juvenile Criminal Diversion Plan Checklist to help you with the plans due in January.

Juvenile Criminal Diversion Plans

Have you started working on plans for your court’s juvenile criminal diversion plan as required by the last legislative session? If not, that’s okay! We have some resources available to help you, including a new checklist. We will also be discussing these plans at all of this year’s Justice of the Peace and Experienced Court Personnel Conferences.

Juvenile Deskbook Chapter 3A Juvenile Diversions

Juvenile Criminal Diversion Plan Checklist

Juvenile Criminal Diversions Webinar

Coming Soon Juvenile Criminal Diversions Self-Paced Module

In addition to our resources, the Texas Municipal Courts Education Center (TMCEC) also has resources available on this topic. https://www.tmcec.com/youth-diversion/ 

New Self-Paced Modules

Several new Self-Paced Modules have went live on the TJCTC website recently. This week, Residential Evictions: Step by Step was added. Self-Paced Modules can be found at https://www.tjctc.org/onlinelearning/selfpacedmodules.html.

NCSC Webinar

Back To School: Legal Advice vs. Legal Information – A Court Staff Essential

Sep 4, 2024, at 02:00 PM

Unsure about the difference between legal information and legal advice? You’re not alone! This session will hit the important highlights to help you confidently navigate this important issue when interacting with the public. Use this training to enhance or develop resources and guidance for your court or community.

Who Should Attend?

  • Courtroom Clerks
  • Probation Officers
  • Self-Help Center Staff
  • Court Navigators
  • Anyone who interacts with the public on legal matters

Learn more and sign up on Zoom: https://ncsc-org.zoom.us/webinar/register/WN_vm2EtY55Rdu0JT5RzfvJlg?utm_campaign=544834_Webinar%3A%20Training%20on%20legal%20information%20versus%20legal%20advice&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,BOEA,4VW08I,1R6ZA,1#/registration 

National Alliance to Stop Impaired Driving (NASID) Conference

NASID is excited to bring together national experts in impaired driving as we examine the whole DUI system through engaging presentations and interactive discussions. These discussions will include gaps and challenges to impaired driving data, attention to trends in drugs and other substances, detection methods including needed chemical testing protocol enhancements, DUI enforcement, prosecuting the drugged driver, mental health and impaired driving, and existing and emerging technology through screening and assessment.  

The NASID Conference will be a great place for networking opportunities for attendees across the traffic safety field to help eliminate impaired driving. We have multiple networking breaks planned throughout the conference and a networking reception on the first night.

November 18, 2024 – November 20, 2024

Renaissance Arlington Capital View Hotel
2800 South Potomac Avenue
Arlington, VA 22202

Government employee and Not for Profit (NPO) registration is $350, other attendee registration is $500. 

You can register now and use the purchase order option for later payment.

Here a few helpful links for the conference:

Texas Department of Transportation Save A Life logo

On that note, please be safe out there this Labor Day Weekend! Any questions about this e-blast can be directed to Amber Myers at a_m1814@txstate.edu.

– The TJCTC Team

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TJCTC Updates 8.9.2024

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Hello Everyone

We are cruising right into back-to-school season! Did you know that August is National Wellness Month? What a perfect way to start out our new education year and get back into the swing of things! This edition of TJCTC updates includes our Legal Question of the Month, and some online training opportunities, as well as a few very important announcements about updated online training.

Judicial Education Hours Due August 31st

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

To find out how many hours you have completed, log-in to your student account and view your transcript. Attached is a pdf guide showing you how to access your transcript.

Summer Clerk Testing

Registration opened July 24th for the Summer round of clerk testing. TJCTC will accept registrations from July 24th to August 14th. If you register during that period, you can take the exam between August 1st and August 30th. Visit our clerk certification page for more information: https://www.tjctc.org/court-personnel/clerk-certification-program.html

Wellness Month

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

Illustrative Mental Wellness Tips Infographic

Legal Question of the Month

What the heck is going on with juvenile diversions? We have gotten many questions lately about preparing for the new juvenile diversion programs required by House Bill 3186. While we do not have a recommended plan, we do have many resources available to courts in drafting their plans.

Every Justice Court is required to have a diversion plan available for public inspection on January 1, 2025.Because the legislature gave the courts wide latitude over how a plan is going to be run (because each of the 254 counties is very different), TJCTC can’t really say one option is preferable to another for every single justice court. However, each court needs to go through a similar process to draft their plan.

Step 1. Gather Data

  • How many juvenile cases does your court handle on average?
  • What resources do you have available to your court?
  • What are other courts in your area doing? Could you collaborate?

Step 2. Draft Plan

Questions we think should be answered by your diversion plan:

  • Are you going to use your own plan, or are you going to team up with other courts in your municipality, county or region?
  • Who is going to act as your youth diversion coordinator?
  • When will diversion be offered: (1) prior to court involvement (i.e. “intermediate diversion,” in which case the charge will not be filed unless diversion is unsuccessful), (2) diversion by court (in which case the charge will be dismissed after the child signs the diversion agreement), or (3) both?
  • What nonexclusive list of services can be included in the plan?
  • How is the diversion plan going to be monitored?

Note, this list of questions is not exhaustive, but just covers the basics.

Look for more resources for drafting plans in our upcoming programs and here in these Updates in the next month or so!

Step 3. Evaluate Your Plan and Make Necessary Changes

The first draft is not a forever plan! You can always make any necessary changes as you implement the plan. We would recommend that you start with the basics and add on more options and resources as your court and local partners (probation departments, prosecutors, local service providers, etc.) get comfortable with the process. 

You may even want to test some components of your plan prior to the January start date to work out any potential issues.

Step 4. Implement Your Plan

Remember, the plan must be in place on January 1, 2025!

National Highway Traffic Safety Administration (NHTSA) Courses

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

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

Visit the NJC website at http://www.judges.org for registration information and for a full list of the NJC’s courses.

Constable Corner

Are you looking for online training updates? Lexipol offers a great number of free webinars and other resources for law enforcement. These resources are a great compliment to your civil process training from TJCTC, as they cover other topics that we do not teach and that may not always be available in-person for your offices.

Check out The Briefing from Lexipol for updates on new training.

Supporting Rural Law Enforcement

All law enforcement agencies often encounter citizens with mental health issues. Find support and training on that intersection on the Council of State Governments Justice Center website, including some resources created especially for rural agencies.

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

Bexar County’s Mental Health Response Initiative

Shout out to our impressive friends in Bexar County who have received national attention for their mental health response initiative. You can check out their program on the Council of State Governments Justice Center website. 

From Crisis to Care: An Overview of Bexar County, TX’s Mental Health Response Initiative

Updated Online Education

There are some new Recordings for Credit and Self-Paced Modules on the TJCTC website. Make sure you check out the following if you still need hours or the topic sounds interesting!

Recordings for Credit

Cannabis Legalization the Impacts on Impaired Driving – 1 hr credit

2024 Family Violence Update – 2 hrs credit (This recording includes information about the required, updated protective order forms from OCA.)

Notes on the new required forms for Emergency Protective Orders (EPOs)/Magistrate’s Orders for Emergency Protection (MOEPs):

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

“Mandated Forms”

Please note that out of these forms, only the Magistrate Order for Emergency Protection (MOEP) is required for JPs at this time. No changes may be made to this form except the following:

  • If the extra lines for protected persons at the top of p. 2 are not needed, they can be deleted.
  • Section XI. Admonition on Ineligibility to Possess Firearm or Ammunition on p. 6-7 will only apply if you’ve prohibited possession of a firearm on p. 2. The form should be updated at some point to add a check box for whether this admonition applies. In the meantime, if possession of a firearm has not been prohibited, Section XI will need to be crossed out or deleted.

The Instructions for Completing the Orders – currently under the Temporary Ex Parte Order form – apply to all orders, including the MOEP.

“Other Forms (Discretionary)”:

The following are relevant for JPs and may be modified as desired:

  • Motion to Modify MOEP
  • Order on Motion to Modify MOEP
  • Request for MOEP

The TCIC Protective Order Data Entry Form is also on this list but should not be modified.

Self-Paced ModulesUnidentified Bodies – 2 civil hrs credit

*Updated* Deferred Disposition and DSC Dismissals – 1.5 hrs credit

We hope this information was helpful, and like always, see you at the next program! If you have any suggestions, questions, or comments about these updates, please email Amber Myers at a_m1814@txstate.edu

-Thea & the TJCTC Team

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More Training Opportunities

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Hello Everyone!

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

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

Online Addiction Response Training for Justice Professionals

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

Fairness Challenge Pilot Program

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

National Highway Traffic Safety Administration (NHTSA) Courses

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

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

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

Visit the NJC website at http://www.judges.org for registration information and for a full list of the NJC’s courses.

Constable Corner

Are you looking for online training updates? Lexipol offers a great number of free webinars and other resources for law enforcement. These resources are a great compliment to your civil process training from TJCTC, as they cover other topics that we do not teach and that may not always be available in-person for your offices.

Check out The Briefing from Lexipol for updates on new training.

 

Happy training!

-Thea & the TJCTC Team

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TJCTC Updates 7.24.2024

TJCTC Updates HeaderHello Everyone!

This week’s update includes a virtual training opportunity, information about clerk testing, and reminders and help for judges to track their hours.

Webinar: Family Violence Update

*Tomorrow* July 25th from 2:00 – 4:00 p.m.

Family violence directly affects approximately one-third of all Texans, and indirectly affects countless others. Justice courts are in a position to help stem the tide of domestic violence, and utilize various principles to prevent further violence against survivors, their families, and the community. Law and procedures are continually evolving, and the area of family violence is no different. In this session, the speaker will discuss family violence dynamics; the roles of both bond conditions and magistrate’s orders for emergency protection; legislative changes, including implementation of new uniform forms; and protective order reporting.

Registration: https://txstate.zoom.us/webinar/register/WN_B9t_0sGRRXeITXeMLc2gDQ#/registration

Summer Clerk Testing

Registration opens July 24th (TODAY!) for the Summer round of clerk testing. TJCTC will accept registrations from July 24th to August 14th. If you register during that period, you can take the exam between August 1st and August 30th. Visit our clerk certification page for more information: https://www.tjctc.org/court-personnel/clerk-certification-program.html

Judicial Education Hours Due August 31st

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

To find out how many hours you have completed, log-in to your student account and view your transcript. After you have logged in, select “My Enrollment History” and “Print Transcript” to view.

Looking forward to seeing you soon!

-Thea & the TJCTC Team

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TJCTC Updates 5.30.2024

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Hello Judges, Clerks, Constables, & Deputies,

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

Court Personnel Exams Open!

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

What is the clerk certification program?

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

Texas DSHS Training on Mass Fatalities

Wednesday, July 17, 2024

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

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

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

 

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

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

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

The program is open to County Judges, County Court at Law Judges, District Judges and Justices of the Peace. Programs begin at 10 a.m. and conclude by 3 p.m. Lunch is provided. Please check with your judicial education organization regarding reimbursement.
June 27 at the Courtyard by Marriott

3955 North Expressway 77/83

Brownsville, TX 78520
July 11 at the Marriott El Paso

1600 Airway Blvd

El Paso, TX 79925

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

Free Lexipol Webinar for Law Enforcement

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

Thursday, May 30 | 1 pm Eastern

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

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

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

You’ll learn:

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

Register today!

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

 

NCSC Webinar – Courageous Conversations

Wednesday, June 12

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

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

Register Today!

Future sessions of this series include:

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

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

Mental Health Resources

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

State Office of Rural Health Resources

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

Visit their website. 

 

 Mental Health Professionals Loan Repayment Program 

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

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

Department of Health and Human Services Loan Repayment Program 

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

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

Save-the-Date for the Annual JCMH Summit

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

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

Visit the JCMH website for details and more information.

 

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

– Thea & the TJCTC Team

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TJCTC Updates 5.9.2024

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Hello Judges, Constables, Deputies, & Court Staff,

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

Legal Question of the Month

Do I have to appoint a receiver?

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

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

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

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

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

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

The Houston Court of Appeals ruled similarly:

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

Grant Opportunities

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

Rural Mental Health Grant

Selected Grant Opportunities

Upcoming Training

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

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

 

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

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

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

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

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

 

 Free Lexipol Training for Law Enforcement

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

https://cycle.lexipol.com

Recording For Credit Posted

Mental Health Resources for Judges

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

Click here to view the recording

Sequential Intercept Model Mapping Opportunity

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

Mental Health Awareness Month

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

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

Mental Health Awareness Month 

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

– Thea and the TJCTC Team

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Posted on

TJCTC Updates 4.22.2024

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Judges, Constables, Deputies, and Court Staff,

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

 

TJCTC Webinar – Mental Health Resources for Judges

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

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

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

 

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

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

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

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

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

 

Financial Literacy Month

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

Financial Literacy Month

 

Fair Housing Month and Fair Housing Act Module

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

 

Hybrid Hearings Initiative Resource

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

 

CDL Case Resources

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

 

Upcoming Court Security Training in Williamson County

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

May 22, 2024 from 9:00 am – 4:30 pm

100 Wilco Way, Georgetown, TX 78626

Fill out this form to RSVP, space is limited.

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

 

Lexipol Webinars

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

 

Caselaw Updates

Martinez v. State

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

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

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

Ex Parte Segovia

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

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

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

 

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

Thea & the TJCTC Team

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Posted on

TJCTC Updates 4.01.2024

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Hello Judges, Constables, and Court Staff,

We have several important updates for you, including some recent caselaw updates. Please make sure you read the full email.

SB 4 Update

There have been a few more rulings on SB 4, but the current state of the law is still that S.B. 4 is not in effect. We will keep you updated if anything changes.

In the meantime, TJCTC resources have been updated to reflect the impact of SB 4 on justice courts in the event that it goes into effect.​

The Magistration Deskbook has been updated. See page 60-61 for updates related to SB 4.

U.S. Supreme Court Issues Opinion Related to Social Media and Liability for Public Officials

You may need to talk to your county attorney about what steps you need to take to ensure that your private social media accounts don’t open you up to potential liability.

In Lindke v. Freed, the U.S. Supreme Court unanimously held that a public servant who:

  1. had actual authority to speak on behalf of the State on a particular matter, and
  2. purported to exercise that authority

could open themselves to potential liability if they block people from seeing their posts from their private accounts on social media.

The example they give is a mayor officially announcing on his personal Facebook page that he is using his authority under a local ordinance to suspend enforcement of certain parking rules.  If that were the case, the mayor would be unable to block citizens from access to his personal Facebook page.

The Court gives an example that might be worth following:

Had official’s account carried a label (example: “this is the personal page of [insert official’s name]”) or a disclaimer (example: “the views expressed are strictly my own”), the official would be entitled to a heavy (though not irrebuttable) presumption that all of the posts on their page were personal and not in their official capacity.

It’s probably time to edit your personal pages to make sure that this language is there. 

The Court also states “an official who uses his staff to make a post will be hard pressed to deny that he was conducting government business.”

It is a best practice to keep your personal social media accounts and official social media accounts separate and not ask any employees to post or maintain your personal accounts.

The Court is very clear that a public official can have private speech and can limit who receives that private speech.   There are going to be “hard-to-classify cases,” so you will need to talk to your county attorney about any advice or policies they may put into practice in your county.

Texas Court of Criminal Appeals (CCA) Rules that Refusal of Consent to Search NOT an Indication of Criminal Activity

Lall v. State is a straightforward opinion from the CCA that holds that a defendant’s lawful refusal to consent to a search cannot be considered in making a determination of probable cause or reasonable suspicion. This decision is consistent with how courts have treated a defendant’s assertion of other constitutional rights, like when a person invokes their Fifth Amendment right to remain silent as not being admissible as evidence of guilt.

State Bar Justice Court Section Webinar

The State of Debt Collection in Justice Courts, 1 hr

According to a 2018 Federal Reserve report, there were 59.5 Billion debit or credit card swipes a year in the United States. That boils down to 165 million swipes/day; approximately 15% of which occur in Texas (25 million/day; 1.8 million/hour; 30,000/minute; 500/sec). That’s a lot of plastic. Since then, things have only increased. This course will look at trends in the consumer debt arena both in terms of activity and evolving debt types and will review how these claims ultimately arrive and are presented to the courts. Topics will include digital documentation and an orientation to “fin-tech” debt.

Additionally, with increased activity comes increased scrutiny. This course will explore both the operational focus of the Consumer Financial Protection Bureau and the current regulatory environment, including the Fair Debt Practices Act and the more recently enacted Reg. F. Included will be a discussion of the Model Validation Notice, the limitations on contact activity and methods of communication, as well as the opportunities presented by the utilization of digital platforms.

Speaker: Michael Scott

April 12, 2024 at 12:00 PM CDT

Zoom Registration: https://us06web.zoom.us/meeting/register/tZEkfuGrrTIpEtNHsq828Gj7GumB9calOPk0%20#/registration

NCSC Webinars and Programs

Tiny Chats

Do you watch the NCSC Tiny Chats? They are short videos on topics related to court procedures and increasing fairness and confidence in the courts. The most recent Tiny Chat is about chat bots and how they can be helpful to court websites. Also, NCSC is partnering with Law Droid to build a lucky court a chat bot for free.

Highlights in Fines and Fees Reform

Later this week, watch our own Texas Supreme Court Chief Justice, Nathan Hecht, as he moderates a discussion about how several states are updating how they handle fines and fees.

Registration Link: https://ncsc-org.zoom.us/webinar/register/WN_YV04G9GPRdu8EAOOo9hkMg?utm_campaign=486477_Whats%20on%20April%201%202024&utm_medium=email&utm_source=dotdigital&dm_i=7L57,AFD9,4VW08I,1IB0V,1#/registration

April is Retiring

Our wonderful Office Coordinator April Williams is retiring at the end of April. If you have any well-wishes you would like to pass along, please email Jessica at jessforeman@txstate.edu. 

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We hope the month of April is kicking off to a great start in your courts and offices! 

Thea & the TJCTC Team

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Posted on

TJCTC Updates 3.13.2024

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Good Afternoon Judges, Constables, & Court Staff,

Happy Spring Break! We have a few updates and resources to share with you this week. As always, don’t forget to read to the end!

TJCTC Webinars

Implementing SB4: Magistrate’s Order to Return

This webinar was postponed, because there is pending litigation in the federal courts keeping the bill from becoming effective. Please monitor your emails and the TJCTC website for updates.

Have you heard of TMORT?

Join forensic pathologist, Dr. Amy Gruszecki, to learn more about the Texas Mortuary Operations Response Team (TMORT). This team is made up of medical examiners, funeral directors, and anthropologists, who respond to mass casualty events like the Uvalde shooting. Learn more about this team and the resources available to you during a mass casualty event.

Friday, March 29 at 10:00 am

Registration: https://txstate.zoom.us/webinar/register/WN_Ce9ULqQWQvOFSO79gN4GjA

NCSC Webinars

Follow-Up Webinar on Ensuring Effective Communication for People with Disabilities TODAY

TODAY at 10 am

Join NCSC for a follow-up to their January webinar.

Due to the overwhelming interest in this important topic, we received more questions than we could answer during the one-hour webinar. This follow-up conversation is intended to tackle those unanswered questions and provide some “how-to” tools and examples you can start to implement now.

Learn more and register on NCSC’s website.

Why Won’t They Come? Findings from a Study of Nonresponse and Failure to Appear Rates in Harris County, Texas

Hosted by the NCSC Center for Jury Studies, this webinar sheds light on the perplexing issue of juror nonresponse and failure to appear in Texas’s most populous county.

Panelists will delve into the study’s compelling findings and offer practical recommendations to address the high nonresponse and failure to appear rates.

Gain valuable insights into the complexities of jury service and discover actionable strategies to enhance juror participation and engagement.

Don’t miss this opportunity to learn from the experts and contribute to improving the jury system.

Learn more and register on NCSC’s website.

Note: If you attend these NCSC webinars, please email proof of attendance to jessforeman@txstate.edu to receive credit.

You may see more Alcohol and Beverage Code violations filed in your courts in March & April!

TABC is conducting spring break public safety operations throughout March to target sales of alcohol to minors. Agents will be attempting to identify businesses selling alcohol to minors.

AI Information Database

The Legal Services National Technology Assistance Project (LSNTAP) has been following the use of AI in the legal system, and created a database of the resources and caselaw.

They even feature an article from Texas Law Help.

Access the database on the LSNTAP website.

Do you follow TJCTC on social media?

Check out our LinkedIn & Facebook pages for updates and on occasion a fun photo or two from our programs! Don’t forget, you can also find more information at our blog, The Docket, including past e-blasts like this one.

Stay safe out there!

Thea & the TJCTC Team

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