CourTex 
April 2013
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In This Issue
Legislative Update
Abolishment of Small Claims Court
State of the Judiciary
Texas Judiciary Receives WINGS Grant
2nd COA Joins TAMES
Corrections to TRAP and Rules of Evidence
Texas Lawyer's Creed
House Subcommittee Addresses Unspent Revenues
Burnet County Awarded Texas Gideon Recognition
Texas Gideon Commemoration
Heritage Foundation and NACDL Join Forces
JCIT
CMS Vendor Roundtable
TexFile
Jones reappointed to the GCB
Court Reporters Board Update
Process Server Board Update
Training Resource Links
TechShare
Richard Zorza's Access to Justice Blog
Federal Funding Report
Quick Links
Upcoming Events
April 11-12
Court of Criminal Appeals Courtroom
Supreme Court Building, Austin

April 13
Texas CMS Vendor Roundtable
Location TBD

April 18 - 10:00am - 2:00pm
AT&T Conference Center
1900 University Avenue
Austin, TX 78705
Classroom 104, 1st Floor
 
May 3, 2013
205 West 14th St., Ste  600
Tom C. Clark Building, Austin
 
May 10, 2013
Stephen F. Austin Building
1700 N. Congress, Room 170
Austin, TX 
 
May 28-30, 2013

4th Annual Approaching the Bench

Texas Council on Family Violence

Lakeway Resort and Spa, Austin, TX

 

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At the Office of Court Administration (OCA)

Legislative Update

The Texas Judicial Council has updated its website with the latest legislation that could impact the judiciary if enacted. You may access the 83rd Session updates from the Legislative Updates page of the Texas Judicial Council website.

Bill to Move Date for Abolishment of Small Claims Court Awaiting Governor's Signature

On March 27, the Texas Senate passed HB 1263 - relating to the delay in the implementation of the abolishment of the small claims courts. The bill now heads to Governor Rick Perry for his consideration. The bill moves the date abolishing the small claims court from May 1 to August 31. The bill also requires the Supreme Court to promulgate rules for the small claims and eviction cases not later than May 1, to be effective August 31.

Chief Justice Jefferson Calls for Improving Access to the Courts, Slowing the Pipeline of School Discipline to the Courts, and Focuses Attention on Guardianship Needs for the Elderly

In his biennial State of the Judiciary address on March 6, Chief Justice Wallace B. Jefferson called upon the Legislature to continue its focus on providing funding for basic civil legal services and criminal indigent defense. He also stated that "we have to shift our thinking" to focus on those citizens who are ineligible for legal aid or appointed counsel, but who do not have the means to hire an attorney. Drawing a laugh from the House chamber, Chief Justice Jefferson stated that "the era of big paper is over" and encouraged the Legislature to pass the electronic filing fee bills that will shift the fee model from a "toll road" to a "per case fee." Turning to juvenile justice, the Chief Justice continued his focus on reducing the number of children referred to the courts by schools for Class C misdemeanor offenses. Lastly, Chief Justice Jefferson announced the creation of a special committee of the Texas Judicial Council whose sole mission will be to study and make recommendations on how to improve the guardianship system in the state.

Texas Judiciary receives grant to improve guardianship proceedings

The Office of Court Administration was recently notified that it has received a small grant from the National Guardianship Network to assist the state in improving guardianship proceedings in the state. Texas is one of four states to receive the competitive grant. Because the population over age 65 in Texas will increase by almost 50% by 2020 and more than double by 2040, it is imperative that system stakeholders evaluate where improvements are needed. The grant will facilitate the establishment of a Working Interdisciplinary Network of Guardianship Stakeholders, or WINGS group.

 

The WINGS grant will enable guardianship stakeholders to receive the support and guidance needed to assess the state's system of guardianship and alternatives, address policy and practice issues, and serve as an ongoing problem-solving mechanism. Participating stakeholders include the Texas Department of Aging and Disability Services, Texas Department of Assistive and Rehabilitative Services, Texas Department of Family and Protective Services, Texas Health and Human Services Commission, Texas Council for Developmental Disabilities, Texas Guardianship Association, and Texas Veterans Commission. Others will be appointed to the stakeholder group as part of the Texas Judicial Council Elders Committee. The stakeholders will meet over the next year and provide recommendations to the Texas Judicial Council and the 84th Legislature.

Second Court of Appeals joins ten other Courts of Appeals on TAMES

On March 26, the Second Court of Appeals joined ten other Courts of Appeals and the Supreme Court on the Texas Appellate Management and E-Filing System (TAMES). TAMES provides efficiencies for the courts and provides an expanded search function for attorneys, litigants, and the general public.

Supreme Court makes corrections to Texas Rules of Appellate Procedure and Rule of Evidence 902

On March 4, the Supreme Court of Texas issued an order correcting Rule 9.4 (Form), Rule 28.3 (Permissive Appeals in Civil Cases), and Rule 52.9 (Motion for Rehearing).

 

On March 26, the Supreme Court of Texas issued an order correcting Rule of Evidence 902(10)(c) issued on February 12. The comment was modified to state that "the records attached to the affidavit must also meet the admissibility standard of Haygood, 956 S.W.3d at 399-400 ("[O]nly evidence of recoverable medical expenses is admissible at trial.").

Supreme Court reaffirms its commitment to the Texas Lawyer's Creed

On March 26, the Supreme Court of Texas issued an order reaffirming its commitment to the Texas Lawyer's Creed - a Mandate for Professionalism. The Court repeated its 1989 statement: "Let us now as a profession each rededicate ourselves to practice law so we can restore public confidence in our profession, faithfully serve our clients, and fulfill our responsibility to the legal system."

House Subcommittee Addresses Unspent Revenues Held in State Treasury

The House Appropriations Subcommittee on Budget Transparency and Reform, chaired by Representative Myra Crownover, met on Monday, March 25th, to discuss HB 6 and HB 7, both of which relate to dedicated account balances held in the state treasury.  These account balances are counted toward certification of the General Appropriations Act and, therefore, they cannot be used for the purposes for which they were originally intended. 

 

According to Representative John Otto, who explained HB 6 to the subcommittee, the practice of leaving dedicated account balances unspent in the State Treasury has been around for more than ten years.  The Legislature is now trying to reverse this trend, but Otto emphasized this could take some time.  He went on to say that he and Representative Drew Darby (sponsor of HB 7) are working together at the direction of Speaker of the House, Joe Straus, to develop ways in which to begin this process.

 

HB 6 (known as the "funds consolidation" bill) relates to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes.  Simply put, if the Legislature creates any new fund or account, or creates a new fee or court cost during the current legislative session, the funds consolidation bill eliminates it unless the new fund or fee is specifically listed in this bill (and, thus, "exempted" from funds consolidation).  A funds consolidation bill has been filed in every legislative session since 1991.

 

In past sessions, the judicial branch in Texas has been exempted from this bill; however, beginning with the 82nd Legislature, this is no longer the case.  Two judicial funds that have previously escaped funds consolidation are the Fair Defense Account (5073), which provides funding to counties to help offset the costs of indigent defense, and the Judicial Training Fund (0540). 

 

Otto highlighted a new provision in Section 8 of the funds consolidation bill this session that would cap the amount of dedicated funds that can be used for the purpose of certification of the General Appropriations Act.  The cap is currently set at $4.8 billion.  Otto was quick to point out this is not the final number that will be in the bill; this amount would "hold the line" on unused dedicated accounts to current levels.  He anticipates the cap will be lower; however, he cannot determine what the amount will be until after the House and Senate agree on the state budget.  He also made it clear that it will take several sessions to reduce this number significantly and this session is just the first step.

 

Representative Darby then laid out HB 7, relating to the amounts, availability, and use of certain statutorily dedicated revenue and accounts.  This bill would require the Legislative Budget Board to develop and implement a process to review the dedication, appropriation, and accumulation of General Revenue-Dedicated Funds.  The LBB would also be tasked with developing "specific and detailed recommendations on actions the legislature may reasonably take to reduce state government's reliance on available dedicated revenue for the purposes of certification."

 

HB 7 would make all interest or other earnings that accrue on revenue held in an account in the General Revenue Fund that is available for certification, available for any general governmental purpose.  The bill requires the Comptroller of Public Accounts to deposit the interest and earnings to the credit of the General Revenue Fund.  (The bill excepts from this provision interest or earnings on certain tuition revenue.)  For the FY 2014-15 biennium, this provision will add an estimated $109.5 million to the balance of the General Revenue Fund, which would be offset by reductions in GR-Dedicated accounts.

 

HB 7 lowers fees that are currently dedicated for certain purposes, such as solid waste disposal (or "tipping") fees, and assessments against certain insurers for rural fire protection.  It also expands the purposes for which some dedicated funds can be used, for example, amounts in the Trauma Facility and Emergency Medical Services Account 5111 could be used to fund the Texas Higher Education Coordinating Board's graduate-level medical education programs or graduate-level nursing education programs.  These provisions would lower the amount of unspent revenues in the state coffers by lowering the amount of new revenue coming into the Treasury and increasing expenditures for certain programs.

 

A number of individuals and organizations gave public testimony on the bill, including Texas Ambulance Association, Texas Association of Business, Waste Management of Texas, Texas Campaign for the Environment, and Heart of Texas Council of Governments.

 

HB 6 and HB 7 were left pending in committee for now, but they will be back when more is known about the amounts appropriated in the general appropriations bill.

Burnet CountAwarded the TexaGideon Recognition for Improvementin Indigent Defense

L-R: Eddie Arredondo, Burnet County Attorney, Burnet County Judge Donna Klaeger, Michelle Moore, Burnet County Chief Public Defender, Judge Sharon Keller, Chair of the Commission and Presiding Judge of the Court of Criminal Appeals

The Texas Indigent Defense Commission (TIDC) awarded the Texas Gideon Recognition to Burnet County for their outstanding commitment to improvements in indigent defense. The creation of the Burnet County Public Defender Office, together with other process improvements in the Burnet County justice system, have elevated the quality of justice available to the poor, provided high-quality indigent defense services with oversight and accountability, and saved taxpayer dollars with a more effective system of public defense. Burnet County Judge Donna Klaeger, County Attorney Eddie Arredondo and Chief Public Defender Michelle Moore accepted the award for Burnet County at the Commission's meeting in Austin.

 

The Burnet County Public Defender Office opened in December 2011 with the help of a grant from the Texas Indigent Defense Commission. The public defender has worked closely with Burnet County's magistrate judge to streamline processes to ensure that poor defendants have access to counsel early in the process. Caseload standards have been put in place and monitored, and well-trained and highly qualified attorneys staff the office. The public defender has also spearheaded the use of videoconferencing technology and has effectively worked with the magistrate to get help to mentally ill defendants quickly.

 

"Burnet County's successful innovations have made real and valuable improvements to indigent defense and the overall criminal justice system," said TIDC Chair Judge Sharon Keller. "Their public defender helps to ensure effective representation through oversight, accountability, and standards development, all while monitoring compliance with the Fair Defense Act and at substantial savings to taxpayers compared with the previous system."

 

More about Gideon Recognition Program for Texas Counties - The Commission is pleased to recognize local governments across Texas that strive to meet a high standard for indigent defense. To nominate a county please read about the program here: [pdf] Past recipients of this recognition.

Texas Gideon Commemoration at the Capitol
On March 18, 2013 there was a special event, the Texas Commemoration of the 50th Anniversary of Gideon v. Wainwright, to celebrate the landmark Supreme Court decision requiring states to provide counsel to those too poor to hire counsel when charged with a felony offense. Presenters included the Honorable Sharon Keller, Chair of the Texas Indigent Defense Commission, Ms. Lydia Clay-Jackson the President of the Texas Criminal Defense Lawyers, Senator Rodney Ellis, the author of the Texas Fair Defense Act of 2001, Mr. Buck Files, President of the State Bar of Texas, Deborah Leff, from the U.S. Department of Justice, and Professor Bruce Jacob, who represented the State of Florida in Gideon v. Wainwright. This distinguished group of presenters discussed the right to counsel in Texas, the lessons from Gideon, and the path forward. The event was live-streamed and video downloads of presentations will be available here soon. Videos are now available.  Also, read Acting Senior Counselor for the Access to Justice Initiative Deborah Leff's speech here.
Gideon_Capitol
L-R: David Wiggins (exoneree), Judge Sharon Keller, Professor Bruce Jacob (Prosecutor in Gideon case 50 years ago), Buck Files (President of the State Bar of Texas)
Later that afternoon, both the House (Representative Turner and Representative Herrero) and Senate (Senator Ellis) presented Resolutions commemorating the 50th anniversary of landmark Supreme Court decision in Gideon v. Wainwright: HR808 (and archive video, go to 45:25-51:16) and SR479 (and archive video, go to 5:05-11:15).

 

See also, Justice for All: How Texas Was Ahead of the Landmark Gideon v. Wainwright Decision, an article by Presiding Judge Sharon Keller and Jim Bethke in the Texas Bar Journal (March 2013).

Heritage Foundation and the National Association of Criminal Defense Lawyers Join Forces

On Tuesday, March 12, The Heritage Foundation's Edwin Meese III, Ronald Reagan Distinguished Fellow in Public Policy Emeritus and former Attorney General of the United States under President Ronald Reagan, along with the National Association of Criminal Defense Lawyers co-hosted: Gideon at 50: Fundamental Right, Ongoing Challenge.
Judicial Committee on Information Technology (JCIT)
The next JCIT meeting will be on April 18, 2013 from 10AM - Noon at the AT&T Conference Center. The group is expected to get an update on the Texas.gov to TexFile transition for eFiling. JCIT is also working to draft proposed statewide eFiling rules for all courts in Texas as well.
Texas Case Management System Vendor Roundtable
The next meeting of the Texas Case Management System Vendor Roundtable will be on April 17, 2013 from 1:30-3:30PM at the Supreme Court courtroom. The group discusses statewide issues regarding local case management systems and provides a forum for case management vendors to discuss changes that may be caused by changes in state policies.
TexFile

The TexFile system is continuing to prepare for the upcoming transition from Texas.gov. TexFile delivered the specification for Electronic Filing Service Providers (EFSPs) and case management system (CMS) vendors on schedule. The specifications allow both groups to tie into TexFile to have eFilings seamlessly flow from filers into case management systems with little manual intervention. Workshops have been conducted for both groups and bi-weekly meetings are in place to discuss ongoing integrations.

 

The TexFile team and OCA also traveled to the top 10 most populous counties and met with county stakeholders to start the transition process from Texas.gov. TexFile has a dedicated project manager for each of the top 10 counties and is working with each county individually to detail local transition plans.

 

The servers and other infrastructure components have been assembled and are currently undergoing validation testing. TexFile has engaged Microsoft to provide an independent 3rd-party verification of the equipment setup to ensure that the system can handle the projected eFiling volume and is optimally configured.

 

The test TexFile system will be made available early summer, with the production system coming mid-summer. TexFile will begin transitioning courts already eFiling after 9/1, with a focus on the top 10 counties to give the most time prior to the Supreme Court's mandate for eFiling.

 

Additional information including frequently asked questions is available at http://www.texfile.com.

Jones reappointed to the Guardianship Certification Board

Lubbock Attorney Robert E. Jones, III, was reappointed by the Supreme Court to the Guardianship Certification Board for a term to expire on February 1, 2019. Thank you for your service and welcome back!

Court Reporters Certification Board

At a special called meeting of the Court Reporters Certification Board held on March 27, 2013, the Board considered SB 966, Relating to Creation of the Judicial Branch Certification Commission and the Consolidation of Judicial Profession Regulation.  A quorum of 9 members were present. David Slayton, OCA Administrative Director, presented an overview of the issues brought forward by the court reporting community and the several agreed upon changes that were made in the committee substitute.  The proposed changes from the court reporting community that were not agreed on and therefore no changes were made, were minimal and were also set out at the meeting.   Following discussion and public comment, the majority of the Board voted in support of the committee substitute of SB 966 as presented with 5 in favor, 1 opposed, and 2 abstentions.  The Chair, who only votes when there is a tie, did not vote.

 

RENEWALS - FY 2013: Out of 1431 court reporter certifications that expired on December 31, 2012, 1309 certifications were renewed from September 2012 through March 2013, with 122 certifications lapsing. Out of 177 court reporting firm registrations that expired on December 31, 2012, 160 registrations were renewed for the same time period with 17 registrations lapsing.  Court reporters and court reporting firms may renew within 1 year from the expiration date with payment of late fees.  Certifications and registrations are based on a 2-year renewal period.

Process Server Review Board

The Process Server Review Board held its regularly scheduled quarterly meeting on March 1, 2013.  The Board authorized steps to explore issuing photo identification cards for certified process servers; a report will be given at the next quarterly meeting in June.  The chair gave an update on the status of preparing a uniform curriculum, for eventual use by all providers of the course of study required for certification.

 

The members reviewed bills of interest to the process server profession, including two House bills, 233 and 532, that would create an offense for obstructing or retaliating against a process server, and House Bill 1391.  The latter would essentially permit any person over the age of 18 who is not a party to the case to serve process - without training, regulation, or a background check. The Board voted to oppose this bill.
Resources

Training Resource Links

TechShare 

TechShare provides opportunities for counties to collaborate on technology projects and to share information resources. 
 
TechShare projects are mutual efforts where participants save money by sharing the cost of research and development. Projects can produce applications, systems, or other technology assets owned by the Urban Counties and available to all members.  
 
Here you can find information on JCMS, CIJS, TechShare.Prosecutor, and TechShare.Court. 
 
For more information please contact [email protected] 
Richard Zorza's Access to Justice Blog

Equal Justice Works Accepting RFP[s]

 

Here is a description of the Project (note that positions are contingent upon funding from AmeriCorps):

 

Equal Justice Works just released a Request for Proposals (RFP), seeking results-oriented host sites for the Veterans Legal Corps Fellowship Program, an exciting new initiative to change the lives of low-income and homeless veterans through high-quality, focused legal services.  The mission of Equal Justice Works is to create a just society by mobilizing the next generation of lawyers committed to equal justice. We provide a continuum of programs that begin with incoming law school students and extend into later careers in the public service field, and we are excited to launch this program to address the legal needs of veterans.
 
Contingent upon funding from the Corporation for National and Community Service (CNCS), this AmeriCorps program will provide partial funding for up to four attorney Fellows and law students that are to serve at legal aid organizations across the country and provide legal services to low-income and homeless veterans. Fellows and law students will be given the chance to be part of a nationwide movement to close the justice gap for these veterans.

 

The application link is here.  Proposals are due April 23, 2013.  More information is here, or from K. Gravely.

Federal Funding Report

The National Center for State Courts publishes its Federal Funding Report on a bimonthly basis. In its March 18, 2013 issue you will find resources for indigent defense funding as well as information on training and technical assistance.

  

Also, the U.S. Department of Justice, Office of Justice Programs (OJP), has launched a new web page OJP Grants 101 to help applicants learn about the grants process. The page offers an overview on OJP funding opportunities and information on how to find grants, the grant life cycle, what applicants need to know before getting started, the peer review process and the award process. It also offers grant writing tips. For more information on this opportunity, click on the Federal Funding Report link above.

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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