CourTex - February 2013

Training for TexFile, the new e-filing platform starting this summer and fall, has begun! Open to all Texas county and district clerks and their staff, and recommended for counties currently e-filing and transitioning to TexFile this year, you won't want to miss these live webinars beginning March 4.

Attend TexFile Filer Training on either March 4 or March 21 and/or attend TexFile Reviewer Training on March 13 or March 28.

To find out more about these and other TexFile training opportunities, visit the TexFile website.

Supreme Court approves final rule for dismissal and expedited actions; promulgates Revised Civil Cover Sheet

As reported in the November edition of CourTex, the Supreme Court promulgated rules for dismissal and expedited actions. These rules are the result of legislation directing the Court to adopt rules to "promote the prompt, efficient, and cost-effective resolution of civil actions" in district courts, county courts at law, and statutory probate courts in which the amount in controversy does not exceed $100,000 (including all claims for damages of any kind, whether actual or exemplary, a penalty, attorney's fees, expenses, costs, interest, or any other type of damage of any kind). The rules are intended to lower discovery costs in these actions and expedite the cases in the civil justice system. The rules do not apply to claims governed by the Family Code, the Property Code, the Tax Code or Chapter 74 of the Civil Practice and Remedies Code (Medical Liability Torts).

After a period of public comment, the Supreme Court finally adopted the rules on February 12. The rules went into effect on March 1.

Highlights of the Rules for Dismissal and Expedited Action including:

A new procedure regarding the filing of a motion to dismiss actions on the grounds that it has no basis in law or fact is added, providing that the motion must be filed within 60 days after the movant is served a copy of the pleading. The Court must ensure that the motion is set for hearing at least 21 days after the motion is filed (with at least 14 days' notice of the hearing) and must rule on the motion within 45 days after it was filed. The Court is not required to hold an oral hearing on the motion.
Original pleadings must contain a statement regarding the monetary relief sought so that the Court can determine whether the case will proceed under the expedited actions rules;
A party who does not provide the statement of monetary relief sought may not conduct discovery until the pleading is amended to comply;
If the monetary relief sought is $100,000 or less (including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney's fees), the case must proceed under the expedited actions rules unless the Court removes the suit from the expedited actions process;
Discovery must be completed within 180 days after the first request for discovery of any kind is served on a party;
On any party's request, the Court must set the case for a trial date within 90 days after the discovery period ends;
The Court may continue the case twice, but for no more than a total of 60 days;
Each side is allowed up to eight hours to complete jury selection, opening statements, presentation of evidence, examination and cross-examination of witnesses, and closing arguments (excluding objections, bench conferences, and challenges for cause to a juror);
The Court may extend the time allowed for each side to a total of twelve hours upon motion and showing of good cause;
The Court may only refer an alternative dispute resolution (ADR) procedure once, and the procedure must not exceed a half-day in duration, not exceed a total cost of twice the amount of the applicable civil filing fee, and be completed not later than 60 days before the initial trial setting. Parties may agree to engage in ADR outside of these parameters; and
A revised civil cover sheet was promulgated for use effective March 1.

Courts, court personnel and clerks should consider how these new rules will affect the current caseflow management process and prepare for alternative procedures for expedited cases filed on or after March 1.

Justice Court Rules adopted by the Supreme Court; new Civil Cover Sheet promulgated

During the 82nd Legislature, 1st Called Session, the Legislature passed a bill abolishing the small claims courts on May 1 and directing the Supreme Court to promulgate rules for small claims and eviction cases. On February 12, the Supreme Court adopted those rules effective May 1, subject to public comment. Highlights of the rules include:

A division of all civil cases filed in justice court into four categories:

(1) Small Claims Cases

(2) Debt Claims Cases

(3) Repair and Remedy Cases

(4) Eviction Cases

Special rules that apply to each of the four categories of cases
A rule that explicitly makes the general rules of civil procedure inapplicable in justice court proceedings
Rules modifying how time is calculated in justice court
Special rules unique to justice courts dealing with:

(1) Representation of Litigants by Non-Lawyers

(2) Developing the Facts of the Case

(3) Subpoenas

(4) Discovery

(5) Citation and Service

(6) Motions to Transfer Venue

(7) Default Judgments and Summary Dispositions

(8) New Trials and Appeals

Please note that HB 1263/SB 576 would delay the abolishment of the small claims courts to August 31 and direct the Supreme Court to move the effective date of the rules to August 31.

Justice Court Monthly Report Proposed to be Modified

To conform with the newly-adopted justice court rules promulgated by the Supreme Court on February 12, the Texas Judicial Council authorized a modification in the Monthly Justice Court Activity Report, effective September 1, 2013. The minor change would modify the categories into which cases are reported to Debt Claim, Landlord/Tenant, and Small Claims. Rule changes to institute these changes will be published in the Texas Register for a comment period prior to final adoption.

Chief Justice to deliver State of the Judiciary on March 6
Chief Justice Wallace B. Jefferson has been invited by the Texas Legislature to deliver the State of the Judiciary address to a joint session of the Legislature on March 6 at 11:00 am. Individuals who are not able to attend in person may watch the address live by viewing the "Chamber Stream" at http://www.house.state.tx.us/video-audio/.

Two More Appellate Courts Join TAMES

The 3rd (Austin) and 8th (El Paso) Courts of Appeals have recently joined the TAMES rollout, becoming the 9th and 10th of the 14 intermediate appellate courts to join the statewide case management system. By joining TAMES, these courts join in the ability to view documents online and take advantages of several other technological efficiencies. The remainder of the Courts of Appeals will soon be on TAMES as well.

Applications Being Accepted for Professional Development Program

DEADLINE: MARCH 8

The Texas Center for the Judiciary is currently accepting applications for the Professional Development Program through March 8. The Professional Development Program consists of two main programs: 1) Trial Court Coordination and Trial Court Management designed to assist court coordinators and administrators in their management of the court's docket; and 2) Texas Court Management Program designed to provide advanced certification to court coordinators and administrators. These programs regularly receive rave reviews from the participants and judges whose staff attends.

Several bills introduced affecting the judiciary

As of March 1, over 2,000 House bills and concurrent resolutions and over 1,000 Senate bills and concurrent resolutions have been filed. Many of those pieces of legislation could impact the judiciary if enacted. Below are several of those bills:

HB 1 and SB 1 - General Appropriations Act
HB 62 - Relating to a justice of judge having a substantial interest in a business entity that owns, manages, or operates a private correctional rehabilitation facility
HB 76 (Identical to SB 876) - 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 166 (Similar to SB 89) - Relating to a commission to investigate convictions after exoneration and to prevent wrongful convictions
HB 167 - Relating to the establishment, operation, and funding of victim-offender mediation programs
HB 233 (Identical to HB 532 and HB 2065) - Relating to the creation of the offense of obstruction of or retaliation against a process server
HB 349 - Relating to electronically filing any court document in a criminal case in Hidalgo County
HB 391 - Relating to a suit for possession of or access to a child by a grandparent
HB 460 - Relating to authorizing the county clerk in certain counties to conduct a marriage ceremony and collect a related fee
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
HB 733 - Relating to certain personal information included in a decree of dissolution of marriage, a qualified domestic relations order, an order or writ of withholding, or an order in a suit affecting the parent-child relationship
HB 734 - Relating to enhancing the penalties for certain repeat of habitual misdemeanor offenders
HB 823 (Identical to SB 361) - Relating to the duties of a magistrate to inform an arrested person of consequences of a plea of guilty or nolo contendere.
HB 834 - Relating to persons entitled to notice of and to participation in a permanency hearing regarding a child in the conservatorship of the state
HB 981 (Identical to SB 753) - Relating to the production of the index of the parties to all suits by the clerk of a district court
HB 1107 - Relating to a person's ability to read and write in English as a qualification for service as a petit juror
HB 1118 - Relating to documents filed with certain courts
HB 1255 - Relating to the acceptance of private donations by a district clerk to fund promotion of effective jury service
HB 1263 (Identical to SB 576) - Relating to the abolishment of the small claims court
HB 1365 - Relating to the time in which to request a de novo hearing following a ruling by an associate judge in certain family and juvenile law cases
HB 1375 - Relating to an exemption for certain solo practitioner attorneys from electronic filing fees
HB 1391 - Relating to service of process in this state
HB 1435 - Relating to certain notices, reports, and descriptions provided by or filed with court and county clerks
HB 1512 - Relating to referral of disputes for alternative dispute resolution, including victim-directed referrals
HB 1513 - Relating to increases in the records archive fees and the records management and preservation fees charged by district and county clerks
HB 1598 - Relating to the jurisdiction of county and justice courts
HB 1626 - Relating to specifications for legal papers filed with a county clerk
HB 1875 - Relating to a case transferred from one district court to another district court
HB 1989 - Relating to substituted service of citation through a social media website
HB 2040 - Relating to a complaint alleging the commission of an offense by a child on school property
HB 2060 - Relating to the elimination of straight-party voting
HB 2066 - Relating to the process server review bod
HB 2067 - Relating to the liability of a person granting access to a gated community to a process server
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
SB 231 - Relating to the applicability of certain concealed handgun laws to certain associate judges
SB 250 - Relating to the requirements of using certain technology to conduct certain mental health hearings or proceedings
SB 262 - Relating to the reporting of criminal disposition completeness percentage data
SB 270 - Relating to a limited exception to the prohibition on releasing personal information about a juror collected during the jury selection process in certain cases
SB 389 - Relating to the imposition of court costs in certain criminal proceedings
SB 390 - Relating to the effective date of a new court cost or fee or of an amendment to the amount of a court cost or fee
SB 391 - Relating to a defendant's obligation to pay a fine or court costs after the expiration of a period of community supervision
SB 392 - Relating to notice to the attorney general of challenges to the constitutionality of Texas statutes
SB 393 - Relating to the deferral of prosecution of children accused in certain Class C misdemeanors
SB 394 - Relating to restricting access to records of children convicted of or receiving deferred disposition for certain fine-only misdemeanors
SB 395 - Relating to fines and court costs imposed on a child in a criminal case
SB 462 - Relating to specialty court programs in this state
SB 577/SJR 34 - Relating to filling vacancies in appellate judicial offices by appointment, partisan election for all judicial offices, and nonpartisan elections for the retention or rejection for all judicial offices
SB 592 - Relating to caseloads for attorneys who are appointed to represent indigent defendants in criminal cases
SB 635 (Identical to HB 1445) - Relating to the distribution of certain civil penalties and civil restitution received by the attorney general
SB 719 (Identical to HB 1239) - Relating to fees charged by certain entities administering alternative dispute resolution systems for counties
SB 780 - Relating to the prioritization of certain available legal defense services when appointing representation for an indigent defendant in a criminal case
SB 966 - Relating to creation of the Judicial Branch Certification Commission and the consolidation of judicial profession regulation
SB 967 - Relating to the authority of a municipality or county to retain certain service fees

Judicial Branch Certification Commission proposed

On March 1, Senator Royce West introduced SB 966, a bill intended to consolidate and streamline judicial profession regulation. SB 966 consolidates the functions of the Court Reporters Certification Board, Guardianship Certification Board and Process Server Review Board into the commission, a group of 9 members (5 judges and 4 public members) appointed by the Supreme Court. In addition to these changes, the bill transfers the Licensed Court Interpreter function to the Commission. The bill also establishes advisory boards for each of the professions to advise the Commission.

New Standards for Probate Court Released

Last month the National College of Probate Judges released a revised version of the National Probate Court Standards. The standards provide guidance to probate courts across the country in matters of general principles; administrate policies and procedures; and specific standards for proceedings involving decedent's estates, guardianship and conservatorship for adults, guardianship and conservatorship for minors, and interstate guardianship and conservatorships.

New District Judges Appointed

OCA welcomes to the Judiciary the following individuals who have been appointed by Governor Rick Perry to the district court bench since January 1:

Starr Bauer (Beeville) as the judge of the 36th District Court in San Patricio, Aransas, Bee, Live Oak, and McMullen Counties
Katherine Cabaniss (Houston) as the judge of the 248th District Court in Harris County
Robert Cadena (Del Rio) as the judge of the 83rd District Court in Val Verde, Pecos, and Terrell Counties
Bradley S. Hart (Humble) as the judge of the 230th District Court in Harris County

Three members reappointed to the Guardianship Certification Board
On February 12, the Supreme Court reappointed Jason Armstrong (Lufkin), Marlane Meyer (McAllen) and Amy Parsons (Houston) to the Guardianship Certification Board for a six-year term to expire on February 1, 2019. Welcome back to the GCB!

Court Liaison Assignments
The Supreme Court recently announced new liaison assignments to the various judicial boards, commissions and other entities effective February 1. Justices serving as liaisons to these groups provide a direct line of communication to and from the Court.

Longtime District Clerk Linda Uecker Retires
District Clerk Linda Uecker, who served the citizens of Kerr County who more than 44 years, retired on January 31. Uecker served on multiple statewide committees in the judiciary, including the Judicial Committee on Information Technology.

Court security team training

The National Center for State Courts is conducting a special training program for judges, court administrators, law enforcement officers, first responders and county officials on April 18-19 in Phoenix, Arizona. "Court Security Team Training" is designed to provide to improve communication and cooperation between the players who are involved in court security in state and local courts. Capacity is limited to 50 participants, so register soon if you are interested.

Grant Opportunities Available

Violence Against Women Court Training and Improvements Program

DEADLINE: March 11, 2013

The Office on Violence Against Women recently released the Fiscal Year 2013 solicitation for its Court Training and Improvements Program. The solicitation offers two types of funding: (1) a 36-month development grant, to develop a specialized domestic violence/sexual assault docket or to enhance an existing docket/project; and (2) a 24-month supplemental training grant for judicial and/or staff education. Every grantee is required to seek technical assistance from one of the OVW-Designated Judicial Technical Assistance Providers for the Courts Program. They are listed in Appendix B, beginning on page 43 of the solicitation (see link below). The National Center for State Courts is one of them. Eligible entities include Federal, state, tribal court and court-based programs. Applicants are encouraged to submit a letter of intent to apply, which is due February 25, 2013. The letter of intent is not a requirement but will allow the DOJ to anticipate the number of applications to come.

Click here for Information.

Family Drug Court Funding

DEADLINE: March 25, 2013

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) has announced the following funding opportunity for Family Drug Program. This program builds the capacity of states, state and local courts, units of local government, and federally recognized tribal governments to either implement new drug courts or enhance pre-existing Drug Courts for individuals with substance abuse disorders or substance use and co-occurring mental health disorders, including histories of trauma, who are involved with the family dependency court as a result of child abuse, neglect, and other parenting issues. Eligible entities include states, state and local courts, units of local government, federally recognized tribes, and nonprofits. For profits can apply but OJJDP encourages them to partner with eligible applicants. There is a 25% non-federal match requirement. Match can be cash or in-kind services.

Click here for Information.

Justice and Mental Health Collaboration

DEADLINE: March 25, 2013

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for funding for its Justice and Mental Health Collaboration program. This program furthers the Department's mission by increasing public safety through innovative cross-system collaboration for individuals with mental illness who come into contact with the criminal justice system. Grants will be awarded to plan, create, or expand mental health courts, other court-based programs, pre-trial services, use of court-appointed mental health advocates and case managers, and mandatory treatment as part of probation/parole, and diversion and alternative prosecution and sentencing programs. Eligible entities include states, counties/cities, and tribes. There is a 20% non-federal match requirement. Match can be cash or in-kind services.

Click here for Information.

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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