CourTex 
December 2012
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In This Issue
Supreme Court Mandates e-Filing
National Adoption Month
Language Access Website
Language Access Basic Training
Texas Judicial Council Bids Farewell and Welcomes New Member.
Texas High Court Results.
Texas Judiciary Welcomes New Judges
2012 College for New Judges
OCA Preps for 83rd Legislative Session
Judicial Compensation Commission Biennial Report.
End of Year Reports
Sixth Amendment Center Launched
Grants Available for Courts
Mental Competency Expert Panel
Adequate Funding of Courts
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January 10, 2013
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Martin Luther King, Jr. Day
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News 
At the Office of Court Administration (OCA)

Supreme Court Mandates e-Filing beginning in 2014

Last week the Supreme Court of Texas issued an order mandating electronic filing (e-filing) for attorneys in civil cases, including family and probate, in the appellate courts, district courts, statutory county courts, constitutional county courts and statutory probate courts. The order sets out a schedule for implementation beginning with the appellate courts and most populous counties in January 2014. Additional courts are added according to county population every six months until all courts are using e-filing by mid-2016.

 

Currently, the Supreme Court of Texas and four of the courts of appeals mandate e-filing. Another five courts of appeals, 236 district courts, 81 county courts, 7 statutory probate courts and 28 justice courts permit e-filing. Over 80 percent of the state's population currently resides in a county with e-filing at the trial courts. With this order, the Texas state courts join the federal courts and twenty-three other state court systems that currently mandate e-filing to varying degrees.

 

"After considering the testimony, both oral and written, provided at the Court's hearing, along with the recommendations of the [Judicial Committee on Information Technology] regarding e-filing, the Supreme Court of Texas concludes that mandatory e-filing in civil cases will promote the efficient and uniform administration of justice in Texas courts," states the order.

 

The order comes on the heels of an announcement by the Office of Court Administration (OCA) in November that a new contract for e-filing had been signed. TexFile, the new e-filing service, is expected to be implemented in Summer 2013. OCA announced that TexFile will immediately reduce e-filing transaction fees by up to 48 percent. Today's order ensures that filers will receive the greatest discount under the TexFile contract, which states that "in the event the Supreme Court of Texas promulgates a rule or adopts an order requiring statewide mandatory e-filing by attorneys in civil cases...the [lowest use fees] will automatically apply within 30 days of the effective date of the rule or order." Under this provision, e-filing transaction fees would drop by up to 86 percent.

 

In addition to the immediate reduction in costs, the Texas Judicial Council has requested that the Legislature lower e-filing fees by adopting a one-time, per-case e-filing fee to replace the "toll-road" model's per-document or per-transaction fee. Under this approach, a case with ten transactions would see the per case cost of e-filing reduced by at least 67 percent and up to 94 percent.

 

The order also prohibits courts and clerks from offering an alternative system of e-filing, including fax filing, which sets up a uniform, statewide portal for e-filing in Texas.

 

While all attorneys are required to e-file under the order, Administrative Director of the Courts David Slayton explained that attorneys may still have an option to file in clerks' office should they wish to do so.

 

"The new contract allows for free e-filing using a terminal at a clerk's office, so if an attorney or litigant wishes to take advantage of that option, they will be able to do so," Slayton said. "We will be working with the clerks of the state to determine if they will offer the service and how to best set up that option."

 

The order does not require self-represented litigants to e-file, but does permit them to do so. Under the TexFile contract, indigent filers and certain government filers are allowed to e-file without additional charge.

National Adoption Month

AdoptionDay

More than 750 abused or neglected Texas children found permanent families and made their adoptions official all across the state this November during National Adoption Month.  Many Texas courts conducted adoption ceremonies and celebrations on November 17, which was National Adoption Day this year.  The annual event spotlights the plight of children in state care who are waiting for permanent homes.  In Texas, although 5,003 children were adopted last year - an 8 percent increase from the year before - almost 6,400 children are still waiting to be adopted. Many are older or minority children who tend to stay in care longer.

Language Access Website

OCA recently launched a language access page containing information and resources for judges, court personnel, and interpreters. It contains links to state laws, federal guidelines, OCA's Texas Remote Interpreter Project (which provides interpreters in certain cases involving intimate partner violence), and the Texas Department of Licensing and Regulation's licensed court interpreter program.  The page also has information to help courts develop a language access plan, as well as a guide for judges excerpted from "Court Interpretation: Model Guides for Policy and Practice in the State Courts," published by the National Center for State Courts.

Language Access Basic Training 

Texas, through OCA, has recently joined the Advisory Committee for a project funded by the State Justice Institute to develop high-quality, affordable, downloadable language access training for employees of state courts.  The project will develop training for all court employees, as well as more intense training for bilingual court employees.  The project is run by the New Mexico Administrative Office of the Courts and New Mexico Center for Language Access.  Texas joins Alaska, Arizona, Colorado, Massachusetts, Nevada, New Jersey, and North Carolina on the Advisory Committee.  Members of the Advisory Committee will provide input as the training is developed.  

Texas Judicial Council Bids Farewell and Welcomes New Member

Senator Chris Harris was Chair of the Jurisprudence Committee during the last legislative session and in that role he served on the Judicial Council. Representative Jim Jackson was Chair of the Judiciary and Civil Jurisprudence Committee and in that role he also served on the Judicial Council. These two chairmen worked on many issues during the last session that impact the work the Council does and the judicial branch. Both legislators will be retiring at the end of the year.

 

Senator Royce West was appointed Chair of the Senate Jurisprudence Committee in October and will serve as an ex officio member of the Council. The Council expects another new member in January when the Speaker makes a new assignment to Chair the House Judiciary and Civil Jurisprudence Committee.

Texas High Court Results

Boyd
Jeff Boyd

The November general election resulted in some turnover at the Supreme Court of Texas. John Devine was elected to fill the seat currently filled by Justice David Medina. Justice Nathan Hecht and Justice Don Willett won reelection to their seats. Additionally, on December 3, Gov. Rick Perry appointed Jeffrey S. Boyd as justice of the Texas Supreme Court. Boyd fills the seat vacated by Justice Dale Wainwright who had announced his resignation in September.

 

The Court of Criminal Appeals had no judicial changes as Presiding Judge Sharon Keller, Judge Barbara Hervey and Judge Elsa Alcala won reelection to their seats. The Court did welcome new clerk of the court Abel Acosta on December 3, who replaced Louise Pearson who retired.

Texas Judiciary Welcomes New Judges

OCA extends a welcome to all new judges who have been elected or appointed since November.

 

Appellate Courts

Jeffrey S. Boyd, Justice, Supreme Court of Texas, Austin

John Devine, Justice, Supreme Court of Texas, Austin

Scott Field, Justice, 3rd Court of Appeals, Austin

Patricia Alvarez, Judge, 4th Court of Appeals, San Antonio

Luz Elena Chapa, Justice, 4th Court of Appeals, San Antonio

David Evans, Justice, 5th Court of Appeals, Dallas

David Lewis, Justice, 5th Court of Appeals, Dallas

Yvonne Rodriguez, Justice, 8th Court of Appeals, El Paso

Nora Longoria, Justice, 13th Court of Appeals, Corpus Christi

 

District Courts

Eddie Northcutt, Judge, 8th District Court, Sulphur Springs

Kelly W.  Case, Judge, 9th District Court, Conroe

Kerry L.  Neves, Judge, 10th District Court, Galveston

Sherry Lewis Shipman, Judge, 16th District Court, Denton

Carson Campbell, Judge, 21st District Court, Caldwell

Richard Bruce Boyer, Judge, 22nd District Court, San Marcos

Jack W. Marr, Judge, 24th District Court, Victoria

William Donald Old, Judge, 25th District Court, Seguin

John Gauntt, Judge, 27th District Court, Belton

Michael Moore, Judge, 29th District Court, Palo Pinto

Allan Garrett, Judge, 33rd District Court, Burnet

Annabell Perez, Judge, 41st District Court, El Paso

Craig Towson, Judge, 43rd District Court, Weatherford

Will Biard, Judge, 62nd District Court, Paris

Brad Morin, Judge, 71st District Court, Marshall

Jack Arnold McGaughey, Judge, 97th District Court, Henrietta

Charles C. Dickerson, Judge, 123rd District Court, Carthage

Jack W. Jones, Judge, 146th District Court, Belton

Susan McCoy, Judge, 153rd District Court, Fort Worth

David Wahlberg, Judge, 167th District Court, Austin

Stacey Webb Bond, Judge, 176th District Court, Houston

Kristin Guiney, Judge, 179th District Court, Houston

Elaine H. Palmer, Judge, 215th District Court, Houston

Wesley Ralph Ward, Judge, 234th District Court, Houston

Luis Aguilar, Judge, 243rd District Court, El Paso

Angela Ellis, Associate Judge, 315th District Court, Houston

Holly Renee Magee, Judge, 337th District Court, Houston

Brock Thomas, Judge, 338th District Court, Houston

Beckie Palomo, Judge, 341st District Court, Laredo

Randolph McDonald, Judge, 344th District Court, Anahuac

Laura Strathmann, Judge, 388th District Court, El Paso

Roy Ferguson, Judge, 394th District Court, Alpine

Michelle Slaughter, Judge, 405th District Court, Galveston

Kaycee Jones, Judge, 411th District Court, Coldspring

Betsy Figer Lambeth, Judge, 425th District Court, Georgetown

Sergio Enriquez, Judge, 448th District Court, El Paso

Diane Navarrete, Judge, Criminal District Court No. 1, El Paso

Dominique Collins, Judge, Criminal District Court No. 4, Dallas

 

County Courts

Scott Warren Johnson, Judge, County Court at Law, Pecos

Mandy White-Rogers, Judge, County Court at Law No. 1, Orange

Gerald Eddins, Judge, County Court at Law No. 1, Beaumont

Deeanne Galvan, Judge, County Court at Law No. 3, Corpus Christi

Amy Atkinson, Associate Judge, County Court at Law No. 3, Conroe

Sergio Valdez, Judge, County Court at Law No. 7, Edinburg

Congratulations to the Graduates of the 2012 College for New Judges!

On December 2, 2012, newly elected and appointed Texas judges began a six-day, intensive education and training program sponsored by the Texas Center. All the judges came eager to learn, discuss, and analyze the issues most important to the judiciary. The College provides invaluable information and training in support of a successful transition from an advocate to that of a fair and impartial judge. We would like to extend warm congratulations to the 77 appellate, district, county court at law, and associate judges who graduated this year!

 

Special thanks goes to the College's co-deans, Judge Lora Livingston and Judge Kathleen Hamilton, whose countless hours planning, organizing, and teaching ensured that this year's College was a resounding success. Our faculty likewise did an outstanding job in making sure the topics covered were relevant, substantive and well-presented. And the judges who served as group discussion leaders provided a unique opportunity for the new judges to participate in small discussion groups to address best practices, common problems, issues and concerns and to have a sounding board and an advisor and mentor.  This year's discussion group leaders were Judge Stephen Ables, Judge Linda Chew, Judge Paul Davis, Judge David Garcia, Judge Kathleen Hamilton, Justice Mackey Hancock, Judge Brenda Kennedy, Judge David Peeples, Judge Dean Rucker and Judge Laura Weiser

 

The Texas Center is proud to continue the tradition of outstanding judicial education represented by this year's College for New Judges. This education is made possible by the dedication and commitment of experienced, knowledgeable and very able judges who volunteer their time and energy for the benefit of the Texas judiciary as a whole. 
NewJudges
Graduates of the 2012 College for New Judges

OCA prepares for beginning on 83rd Legislative Session

The 83rd Legislative Session begins on January 8 at noon and promises to be a busy time for the Judiciary. OCA is regularly contacted by legislators or their staff to provide background on issues affecting the judiciary and testify on bills as a resource to the members. In fact, OCA was recently informed that it prepared the second most fiscal notes during the last session - behind only the Comptroller. OCA prepared information for 613 fiscal notes last session and expects to repeat that trend this session. Some of the key issues that OCA expects to be involved with during the next session include:

  • Juvenile justice issues relating to school disciplinary actions;
  • Shifting the e-filing system in Texas from a "toll-road" model to a per case filing fee model;
  • Simplification of the criminal court cost structure;
  • Judicial compensation issues; and
  • Judicial selection issues.

OCA will attempt to keep you informed through the CourTex as the session progresses. Should you have any questions about legislation, please do not hesitate to contact us.

Judicial Compensation Commission Biennial Report

On November 30, 2012, the Judicial Compensation Commission issued its biennial report to the Texas Legislature recommending the proper salaries for the justices and judges of the Supreme Court, Court of Criminal Appeals, the courts of appeals and the district courts.  The Commission made the following findings in its report: 

  • In order to maintain a strong, qualified and independent judiciary, and in order to attract qualified candidates and retain experienced judges, appropriate judicial compensation is essential.
  • The last judicial salary increase was effective December 1, 2005.
  • Current judicial salaries lag behind the rate of inflation and are now lower than salaries paid in 1990 when factoring in inflation.

Based on these findings, the Commission recommends the following salaries:

 

Recommended Judicial Compensation

JCC
For additional information and to view the complete report, please visit the Commission's website at http://www.courts.state.tx.us/oca/jcc/jcc.asp.

End of Year Brings Flurry of Reports

The Supreme Court of Texas submitted its annual report on court performance to the Governor and the Legislative Budget Board. The Judicial Compensation Commission finalized and published its recommendation for a judicial pay increase in its 2012 Report to the Legislature and the Office of Court Administration completed its Annual Reports of the Judicial Support Agencies, Boards and Commissions.

Sixth Amendment Center Launched

The cause of "justice for all" is neither liberal nor conservative; nor is it reserved for any one component of the justice system.  Prosecutors, judges, court administrators, and defense attorneys alike all seek to ensure that our streets are safe, the guilty are convicted, and the innocent go free. OCA is excited to share with you news of a new national resource called the Sixth Amendment Center, whose mission and board of directors reflect the non-partisan nature of this ideal.

 
The Sixth Amendment Center's purpose is to assist states and local governments in meeting their constitutional obligation to provide meaningful access to counsel in criminal and delinquency matters.  The group believes the role of an effective defense in our criminal courts is founded upon a balanced criminal justice system and sound fiscal policy. And, reflecting the variety of stakeholder groups its staff interacts with on a daily basis, the Sixth Amendment Center's board comes to this issue from conservative and liberal perspectives, and includes former state Supreme Court justices, law enforcement personnel, and state legislators. OCA staff have worked directly with the group's senior staff in the past and have come to value their expertise and trust their advice.

 
One resource is available to you immediately: their blog, "Pleading the Sixth," charts the success and failures in our nation's efforts to provide a meaningful right to counsel. And by placing the day's Sixth Amendment news stories into a broader historical, legal, and standards-based context, the group delivers a wealth of information in the process.  Past editions of their blog are available on their website: 
www.sixthamendment.org.  OCA encourages you to sign up for email notification of new editions - as a free service offered by the Sixth Amendment Center - by emailing the Center's executive director, David Carrollat

Grants Available for Courts

The Governor's Criminal Justice Division is currently accepting applications for the solicitations listed below. Applications must be certified by the applicant agency's Authorized Official no later than midnight on the following dates:

 

January 21, 2013

Juvenile Accountability Block Grant (JABG) Program - Local Projects

 

February 28, 2013

Juvenile Accountability Block Grant (JABG) Program - Discretionary Drug Court Projects

General Victim Assistance - Direct Services Programs

Violent Crimes Against Women Criminal Justice and Training Projects

Juvenile Service Projects - Local Projects

Juvenile Service Projects - Statewide Projects

Justice Assistance Grant (JAG) Program

Drug Court Projects

 

More information on the grant programs can be found at https://egrants.governor.state.tx.us/fundopp.aspx.

Conference of State Court Administrators Releases Policy Paper on Evidence-Based Pretrial Release
The national Conference of State Court Administrators recently released its 2012 policy paper entitled Evidence-Based Pretrial Release. The policy paper provides recommendations on how courts should make bail and pretrial release decisions. The key recommendations for state court leaders include:
  • Analyzing state law and working with law enforcement agencies and criminal justice partners to propose revisions that are necessary to
    • Support risk-based release decisions of those arrested;
    • Ensure that non-financial release alternatives are available and that financial release options are available without the requirement for a surety.
  • Collaborate with experts and professionals in pretrial justice at the national and state levels.
  • Take the message to additional groups and support dialogue on the issue.
  • Use data to promote the use of data; determine what state and local data exist that would demonstrate the growing problem of jail expense represented by the pretrial population, and that show the risk factors presented by that population may justify broader pretrial release.
  • Reduce reliance on bail schedules in favor of evidence-based assessment of pretrial risk of flight and threat to public safety. 
Resources

Mental Competency Expert Panel

Recorded Webcasts

http://www.mentalcompetency.org/webinars.html

Blog

http://www.mentalcompetency.org/blog/

Resources for Adequate Funding of Courts

The National Center for State Courts has released another publication from its Harvard Executive Session. Keeping Courts Funded; Recommendations on How Courts Can Avoid the Budget Axe provides practical recommendation on how judicial leaders can communicate with budget writers and policy makers on funding for the judiciary. This publication joins a growing number of papers issued by the Harvard Executive Session and available here.

 

A related publication has just been released as well focusing on budgetary matters for the judiciary.  Funding Justice: Strategies and Messages for Restoring Court Funding provides results of public opinion polling and focus groups held by the National Center for State Courts and Justice at Stake. The publication is certainly worth a read for those who are responsible for communicating funding needs of the judiciary to policy makers.

About the OCA

OCA is a state agency in the judicial branch that operates under the direction and supervision of the Supreme Court of Texas and the chief justice and is governed primarily byChapter 72 of the Texas Government Code.  www.txcourts.gov

 

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