CourTex - January 2013

Last November the Office of Court Administration conducted a survey of certified process servers to obtain feedback on the certification process and how management of the program has changed since statewide certification became available. The response rate was excellent and the feedback was richly positive. In reviewing comments, the primary need expressed is for process server identification. Addressing this issue could prove a useful tool for process servers where their initial safety is concerned if at least it allows them to present themselves as legitimate. Secondly, there are wide ranging comments regarding the quality of education and its role in renewal requirements. It is our hope that these results will be useful to the Board in its continuing mission to improve standards. The report summary is published on the Process Server Review Board website.

83rd Legislative Session Kicks Off

StraussSwearing

The 83rd Legislative Session began on January 8 with Chief Justice Wallace B. Jefferson swearing in members of the Senate and House Speaker Joe Straus. As of today, there have been over 500 bills filed in the Texas House and over 150 bills filed in the Texas Senate. Several of those filed bills would impact the judiciary or related stakeholders. Some of the filed bills include:

HB 1 and SB 1 - General Appropriations Act
HB 76 - Relating to the discharge of a surety's liability on a bail bond in a criminal case
HB 91 (Identical to SB 92) - Relating to the designation of a juvenile court and a pre-adjudication diversion program for certain juveniles alleges to have engaged in conduct that violates certain penal law regarding prostitution
HB 167 - Relating to the establishment, operation, and funding of victim-offender mediation programs
HB 233 (Identical to HB 532) - Relating to the creation of the offense of obstruction of or retaliation against a process server
HB 469 - Relating to assignment of a retired or former judge in certain proceedings
HB 470 - Relating to an elected officer's performance of official duties in exchange for remuneration
HB 497 (Identical to HB 528) - Relating to the restriction of access to the records and files of a child charged with or convicted of certain fine-only misdemeanor offenses.
HB 529 - Relating to the detention of juveniles pending criminal trial
HJR 37 - Proposing a constitutional amendment changing the terms of office of a district judge
SB 103 - Relating to the elimination of straight-party voting for judicial offices
SB 129 - Relating to proper venue for filing an application for a protective order against family violence

OCA set to release FY 2012 Annual Statistical Report by January 31

The Judicial Information Department at the Office of Court Administration has been working diligently to complete work on the Fiscal Year 2012 Annual Statistical Report. The report will be released within the next two weeks. Much of the data from the report is available online. A few highlights from the report include:

There were over 10.5 million new cases filed in the Texas courts in FY 2012.
The Supreme Court reversed the decision of the intermediate appellate court in approximately 61 percent of cases in which it granted a petition for review.
Only 5.1 percent of the direct appeal cases filed in the Court of Criminal Appeals involved death penalty appeals, the lowest percentage since at least 1989.
Justices at the courts of appeals issued almost 11,000 opinions in 2012.
Despite an increasing population, the number of divorce cases in the district and county-level courts has remained steady since 1993, while the number of "other family law cases" has increased dramatically, primarily due to an increase in child support cases.
Seventeen percent of all family law cases were filed by a petitioner who represented himself/herself.
Fewer than two percent of all criminal cases in the county-level courts went to trial in 2012.
The number of juvenile cases has declined significantly each year since the peak in 2007, with 40 percent fewer cases filed in 2012 than in 2007.
There were almost 40,000 active guardianships at the end of fiscal year 2012. Only 6,800 annual or final accounts were reported filed in those cases.
The number of applications for involuntary temporary mental health services continues to climb dramatically, with an increase of 21.7 percent between 2011 and 2012.
Sixty-four percent of the more than 2.5 million cases filed in the justice courts involved state traffic violations.
Over 70 percent of the 6.4 million cases filed in the municipal courts were state traffic violations. The municipal courts collected approximately $697 million in court costs, fees and fines in 2012.

LBB Recommends Consolidating State Criminal Court Costs to Reduce Complexity

The Legislative Budget Board (LBB) issued its biennial Texas State Government Effectiveness and Efficiency Report on January 15. Beginning on page 294 of the report, LBB provides a review of Texas' complex criminal court cost system. Citing concerns with the number of court costs and fees, the distribution of court costs and fees in multiple codes, the unpredictable nature of changes to amounts charged, the uneven dollar amount of some costs and fees, and a lack of education to local governments on court costs and fees, LBB provides a list of recommendations to address the concerns. Specifically, LBB recommends:

consolidating all state criminal court costs and fees into one assessment per offense class for ordinance violations, Class C misdemeanors, Class A/B misdemeanors, and felonies;
placing all state and local court costs and fees into one statutory code;
providing for a cost of living indexing feature to be added to the state consolidated court cost and including a requirement that all state court cost and fees be set in even dollar amounts;
allowing the Texas Judicial Council to adjust the consolidated court cost if certain criteria are met; and
directing OCA to provide training on court costs and fees to judges, clerks and other court personnel.

Preparing for Disaster

In 2007, the Supreme Court of Texas appointed the Task Force to Ensure Judicial Readiness in Times of Emergency to design and implement an emergency program to prevent or manage disrupted court operations throughout the state in emergencies. As of October 15, 2012, 156 Texas counties have executed MOUs between their counties and the Supreme Court of Texas for support of continuity of court operations in the event of an emergency. In the wake of Hurricane Sandy, we are reminded of the critical need to have such plans in place. The Hon. Loretta Preska, Chief Judge, United States District Court for the Southern District of New York writes Lessons from Sandy: Game Plan Before a Crisis is Critical, Judge Says. To review the Task Force's Interim Plan to Ensure Judicial Readiness in Times of Emergency, find out if your county has a plan, or find resources for creating a plan, visit the Task Force website.

Elected Official Privacy

Being an elected official is not easy. Some individuals may not respect the privacy of elected officials and you may want to take steps to protect your reputation and safety. Below are a few remedies available to you.

ONE - VOTER REGISTRATION RECORDS

A judge (and the judge's spouse) can get his or her residence address omitted from a county's list of registered voters. This can be done by including a relevant affidavit with the person's application to register to vote. See Election Code, Section 13.0021. Also, this can be accomplished by the judge and/or spouse filing an affidavit pursuant to Election Code, Section 15.0215.

TWO - VOTER REGISTRATION APPLICATION

A judge (and the judge's spouse) can have his or her residence address on a voter registration application made confidential. This can be done with an appropriate affidavit. See Election Code, Sections 13.004 and 15.0215.

THREE - CONCEALED HANDGUN LICENSE RECORDS

Typically, a concealed handgun license must contain the license holder's residence address. However, there is an exception for a judge and the judge's spouse. In lieu of a residence address, the address of the courthouse in which the judge works should be listed on the license. DPS is required to have an application procedure that leads to this result. See Government Code, Section 411.179.

FOUR - TAX APPRAISAL RECORDS

A judge (and a long list of others) can choose to have public access to his or her home address restricted in the tax appraisal records. A judge can choose to do this by completing a form prescribed by the Comptroller that is made available to local officials. See Tax Code, Section 25.025.

FIVE - DRIVER'S LICENSE RECORDS

Typically, a driver's license must contain the license holder's residence address. However, there is an exception for a judge and the judge's spouse. Instead of a residence address, the address of the courthouse in which the judge works should be listed on the license. DPS is required to have a procedure to effectuate this result. See Transportation Code, Section 521.121.

SIX - PERSONAL FINANCIAL STATEMENT

Judges are required to file personal financial statements with the Texas Ethics Commission. A judge's home address is to be removed from this statement before the statement can be released to the public. See Gov't Code, Section 572.032.

SEVEN - STATE BAR RECORDS

State Bar records show the home address, home telephone number, e-mail address, social security number, and date of birth of licensed attorneys. These pieces of information are generally open to the public. However, a lawyer can choose to make these pieces of information confidential by notifying the State Bar of his or her choice to do so. See Government Code, Section 572.032.

CIP Audit rolls out new Web page

The OCA Collections Improvement Program Audit department has implemented a new Web page that provides important information about the audit program, including the 2013 Audit Plan which lists the counties and cities that will be audited this fiscal year. Take a look and let us know what you think:

http://www.courts.state.tx.us/oca/collections/cipaudithome.asp

OCA Receives Grant to Develop Core Competencies for Courts
Following up on the Shared Solutions Summit, the Office of Court Administration applied for a technical assistance grant from the State Justice Institute to develop core competencies for courts. This proposal provides funding to implement the Texas Judicial Council's concept described as Shared Solutions 2.0. Stay tuned for more information on this project.

Resources

Developing a Mental Health Court: An Interdisciplinary Curriculum

Featuring online components and live group activities, this free multimedia curriculum was created by the Council of State Governments Justice Center with the support of the U.S. Department of Justice, Bureau of Justice Assistance and in partnership with the National Center for State Courts, SAMHSA's GAINS Center for Behavioral Health and Justice Transformation, the National Judicial College, and the Center for Court Innovation. Its development was also guided by a steering committee of experts from around the country.

This curriculum is the first single resource with the information teams need to start, maintain, or just learn about mental health courts based on research and best practices from the field. Organized into freestanding modules, it can easily be customized for users' specific learning needs and time considerations. Its multimedia content includes interviews with researchers, judges, court managers, treatment providers, probation officers, and other experts. A multi-part video case study with a discussion guide follows a real mental health court team through common situations.

Developing a Mental Health Court is a crucial one-stop resource for judges, attorneys, behavioral health treatment providers and administrators, court managers, judicial educators, probation and law enforcement officers, and many others. It can be used by sites interested in starting new mental health courts or retooling programs already in operation. Individuals joining existing programs will also find it helpful.

While the full curriculum is designed to take about 32 hours, groups can also use portions of the curriculum to complement their existing knowledge. Extensive resources are available on the curriculum website to help users make the most of the curriculum and to guide training coordinators and facilitators.

It is available online at http://learning.csgjusticecenter.org.

A Primer on the Fair Defense Act of 2001 for Newly Elected Officials and Staff

January 17, 2013 from 10:00 a.m. to noon, Capitol Extension Auditorium, Austin

Agenda and Registration

Live stream also available online: http://www.senate.state.tx.us/bin/live.php

Link to publications referenced in the program:

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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