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Upcoming Events
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May 28-30, 2013
4th Annual Approaching the Bench
Texas Council on Family Violence
Lakeway Resort and Spa, Austin, TX
June 7, 2013
3rd Court of Appeals Courtroom
209 West 14th Street
Austin, TX
10:00 AM - 12:00 PM
Supreme Court of Texas Courtroom
Supreme Court Building, 201 West 14th St.
Austin, TX
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| News
At the Office of Court Administration (OCA) |
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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.
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Supreme Court Advisory Committee Considers Draft E-Filing Rules
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The Texas Supreme Court Advisory Committee (SCAC) considered draft electronic filing rules at its regular meeting on April 26. The SCAC provided feedback and suggested changes to the Supreme Court, who will next consider modifying the rules for promulgation later this year. The draft appellate e-filing rules can be found at http://tinyurl.com/dy7d8d8, and the trial court e-filing rules can be found at http://tinyurl.com/d9lfq29.
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Rules for Dismissals and Expedited Actions - West Publication Errors
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On February 12, 2013, in Misc. Docket No. 13-9022, the Supreme Court approved rules for dismissals and expedited actions effective March 1, 2013, including:
* new Rules of Civil Procedure 91a and 169;
* new Rule of Evidence 902(10)(c); and
* amendments to Rules of Civil Procedure 47 and 190.
The Texas Rules of Civil Procedure published in West's 2013 Texas Rules of Court, Volume I, do not reflect the revisions made to the rules following public comment that were included in the Court's final approval order. West has been contacted, and corrections are forthcoming. Please click on this link to view the final version of the rules as approved by the Supreme Court: http://tinyurl.com/d5vzsxw.
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Judicial Branch Certification Commission Bill Sent to the Governor
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Senate Bill 966 (by West/Perry), commonly referred to as the Judicial Branch Certification Commission bill, finally passed the Texas House of Representatives on April 30 with no amendments from the Senate engrossed version. The bill was sent to the Governor on May 2 for his consideration. If signed or allowed to become law, SB 966 will establish a nine-member Commission composed of five judges and four public members to assume the duties of the Court Reporters Certification Board, Guardianship Certification Board, and Process Server Review Board. In addition, the Licensed Court Interpreter Advisory Board and the oversight of licensed court interpreters transfers to the Commission. Each of the professions will have an advisory board to provide input to the Commission about the professions. If enacted, SB 966 is effective on September 1, 2014. In the meantime, the Supreme Court of Texas will begin to consider rules for the Commission and appointments to the Commission in September 2013.
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Delay of Abolishment of Small Claims Court and Implementation of New Supreme Court Rules
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The effective date of the abolishment of the small claims court and implementation of the new Supreme Court rules for justice courts has been changed from May 1, 2013 to August 31, 2013, due to the passage of HB 1263, which was signed by the Governor on April 10, 2013.
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Supreme Court approves final justice court rules
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House Bill 79, enacted by the 82nd Legislature, abolished the small claims court and called for the Supreme Court to promulgate new rules for civil cases filed in justice court. The Court approved the new justice court rules - Rules of Civil Procedure 500-510 - and an accompanying civil case information sheet on February 12, 2013, in Misc. Dkt. No. 13-9023, and authorized a public comment period that ended on April 1, 2013. On April 15, 2013, in Misc. Docket No.13-9049, the Court approved the final version of the rules and case sheet, incorporating revisions stemming from public comment.
The rules were not substantially changed as a result of public comment. Notably, Rule 500.4 was revised to limit non-attorney representation to eviction cases, and Rule 500.9 was amended to require a hearing on pre-trial discovery only if requested.
The Court's order extended the effective date of the rules to August 31, 2013, from the original effective date of May 1, 2013, in accordance with the mandate of House Bill 1263, which was recently passed by the 83rd Legislature.
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Upcoming Changes to the Monthly Justice Court Activity Report; New Civil Case Information Sheet Promulgated
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Monthly Justice Court Activity Report
The final Justice Court rules divide civil justice court cases into four case type categories: Small Claims, Debt Claim, Repair and Remedy, and Eviction.
To comply with the Supreme Court's rules, the Texas Judicial Council approved, on February 12, 2013, three civil case type categories for the Judicial Council Monthly Justice Court Activity Report: Debt Claim, Landlord/Tenant (which combines the Eviction and Repair and Remedy categories), and Small Claims. A proposed amendment to the Judicial Council's reporting rules which would institute the civil case category change, was published in the Texas Register on March 22, 2013 for public comment before final adoption. No comments were received.
The new civil section of the Monthly Justice Court Activity Report form and instructions, which are based on the Supreme Court's final rules, take effect September 1, 2013. They were recently sent to the justices of the peace and are posted at the top of OCA's Required Reporting webpage at: http://www.txcourts.gov/oca/required.asp.
Justice Court Civil Case Information Sheet
To assist the courts in identifying the proper case category in which to place cases, the Supreme Court's rules require a plaintiff or the plaintiff's attorney to submit a civil case information sheet at the time of filing of a petition to identify what type of case is being filed. The sheet must be submitted for cases filed on or after August 31, 2013. The case information sheet was recently sent to the justices of the peace and is posted at the top of OCA's Required Reporting webpage at: http://www.txcourts.gov/oca/required.asp.
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Emergency management MOUs expiring
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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. Participating counties were given the option to include an expiration date for their MOU or have it remain in effect until rescinded in writing. Approximately half of the 152 MOUs between the Supreme Court and counties have an expiration date and the term has expired. County judges in those counties where the term has expired will be receiving a letter to advise them of the expiration date along with a copy of their MOU.
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Collection Improvement Shows Counties the Return on Investment
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Sarah Hall, writer at the Nacogdoches Daily Sentinel, reported on the Model Improvement Program as Commissioners hear from OCA's regional collection specialist, Chad Graff during their regular meeting on April 30. View article...
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Gov. Perry has appointed Michael Landrum of Houston as judge of the 113th Judicial District Court in Harris County for a term to expire at the next general election. View article...
Gov. Perry has appointed Oscar X. Garcia of Port Isabel as judge of the 357th Judicial District Court in Cameron County for a term to expire at the next general election. View article...
Gov. Perry has reappointed Olen Underwood as presiding judge of the Second Administrative Judicial Region. View article...
The Senate confirmed on April 10 Jeffrey Boyd's appointment to the Texas Supreme Court. Justice Boyd has been serving on the Court since Dec. 3 when he replaced former Supreme Court Justice Dale Wainwright, who resigned to go into private practice.
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Cuts endanger legal aid for 5,000 Texans
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Federal funding cuts will force Texas RioGrande Legal Aid to serve about 5,000 fewer low-income families from the Austin area to the Mexican border, the nonprofit announced in April. Texas RioGrande will lay off almost one-fourth of its employees, or 65 people, in mid-May and close its Del Rio office. View article...
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Judicial address exclusion
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Since the recent events in Kaufman County, OCA and the Secretary of State have been contacted by several judges asking about the process for excluding their (and their spouses') residence addresses from the voter registration records under Section 13.0021 of the Texas Election Code. Therefore, we are providing information regarding accessing this exclusion to state judges in Texas in the event that such information is needed.
The affidavit form which needs to be completed and signed before a person authorized to administer an oath, and submitted to the county voter registrar may be found here: http://tinyurl.com/crkk8ua
A list of county voter registrars and their contact information may be found here:
If you have any questions, please do not hesitate to contact the Elections Division of the Office of the Secretary of State at its state and county official hotline 1.800.252.2216.
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Attorney General Opinion concludes no constitutional violation
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This month the Attorney General issued Opinion No. GA-1000 regarding whether article 42.12, section 15(h) of the Code of Criminal Procedure, which authorizes a judge to award confined defendants time credit for participation in an educational, vocational or treatment program, violates the Texas Constitution (RQ-1094-GA).
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FNC-DPS Houston Regional Crime Lab Self-Disclosure
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The Texas Forensic Science Commission released its final version of the report on the DPS-Houston crime laboratory self-disclosure. This link is to the report only and does not include exhibits.
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National Drug Court Month
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The National Association of Drug Court Professionals is asking every Drug court in the United States to hold a National Drug Court Month event in May. They have assembled a field kit to help you plan, and stand ready to assist you with media outreach and invitations to Members of Congress. To learn more, visit www.ALLRISE.org.
Click here for the Spring 2013 issue of All Rise magazine, a publication of NADCP.
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Children's Commission Creates Trial Skills Training for All Attorneys on CPS Docket
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Earlier this month, 12 Texas judges and attorneys met in Austin to attend a faculty training to prepare them to teach a first-of-its kind Trial Skills Training on child protection issues. This event was hosted by the Texas Supreme Court Permanent Judicial Commission on Children, Youth, and Families. Ultimately, these faculty will provide parent, child, and state attorneys on the CPS docket across Texas the opportunity to practice hands-on trial skills by using a curriculum based on a fictional CPS Case Scenario. Developed by the Commission, the Case Scenario contains all pleadings and legal forms in a termination of parental rights case, along with several exhibits.
Under the auspices of Justice Eva Guzman of the Texas Supreme Court, and led by Justice Michael Massengale of the First Court of Appeals in Houston, this faculty, the Commission's Trial Skills Workgroup, and Commission staff are planning to present the Trial Skills Training to various jurisdictions across the state over the next several years.
Participating attorneys will have the opportunity to practice all aspects of a trial on termination of parental rights, including exercises on direct and cross examinations; laying evidentiary foundations; impeaching witnesses, etc. Following each litigation exercise, participants will receive a constructive critique of their skills and review a videotape of their performance with a trained faculty member, in order to receive specific practice tips. Each Trial Skills Training will involve a local judge and a local attorney who will provide information on local and regional practices, making the training even more relevant.
The faculty will receive additional training in late June 2013, to prepare for its first set of participants in October 2013. While the immediate focus of the training is on improving the trial skills, future plans are to create a more advocacy-focused training based on the same Case Scenario, and to film some of the training's trial skills lectures so as to provide ongoing, online training to all attorneys in Texas' child protection courts.
All trainings coordinated or hosted by the Supreme Court's Children's Commission are designed to support the Commission's mission of strengthening courts for children, youth and families in the Texas child protection system and thereby improve the safety, permanency, and well-being of children.
Please link here to see more of the projects of the Supreme Court's Children's Commission: www.texaschildrenscommission.gov
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American Bar Association Weighs in on Judge's Use of Social Media
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Bill Tracking Resources
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In addition to the tracking service offered by Texas Legislature Online, The Texas Tribune is another resource that allows tracking of 83rd legislative session bills. This application provides easy tracking of bills by subject or legislator with an additional option to filter by bill name or keyword.
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Approaching the Bench
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Judicial leaders from across Texas, along with state-wide and national experts, will convene in Austin to address relevant, emerging topics and best practices involving family violence in the courtroom. This unique opportunity for peer dialog provides valuable resources and a forum for participants to share challenges and successes in providing leadership in the courtroom and the community to increase offender accountability and maximize victim safety.
Date: May 28-30, 2013
Location: Lakeway Resort and Spa | 101 Lakeway Drive | Austin Texas 78734
Cost: There is no registration fee and continuing education credits will be provided. Funding from the Court of Criminal Appeals allows TJC to pay attendees costs for travel, lodging and food provided during summit hours.
Click here to register.
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TexFile Information Session
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Judicial Training Resource Links
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Municipal Court Judges Training Offered
Judges Seminars New, Non-Attorney Judges Seminar $200 AUSTIN
New non-attorney judges must attend 32 hours of judicial training within one year of their appointment or election according to the Rules of Judicial Education. Admission is limited to new, non-attorney judges. Non-lawyer municipal judges who have been inactive for more than two consecutive academic years are required to repeat the New Judges program. Participants must be appointed or elected to office prior to registration.
The program offers classes on basic court procedures, judicial ethics, juvenile law, magistration, traffic law, a trial skills workshop, and much more. This program gives new judges an excellent foundation of knowledge to build upon and a thorough understanding of the laws affecting their courts. Registration form, click HERE. Registration online, click HERE.
July 15-19, 2013
Omni Southpark, Austin
Register by: June 14, 2013
Note: New judge seminars are five days in length and begin at 1:00 p.m. on Monday and conclude at 12:00 noon on Friday. TMCEC will pay for sleeping rooms for the nights of Monday through Thursday.
Regional Judges Seminar $50 REGIONAL
For all attorney judges and non-attorney judges who have previously completed the New Judges seminar, the Regional Judges seminar is designed to address a broad range of issues applicable to courts of all sizes. The regional programs feature breakout sessions addressing issues such as specialized evidentiary issues, procedural law topics, and substantive law issues relevant to the courts. An optional pre-conference will be held from 1:00 - 5:00 p.m. on the day before each of the regional conferences. Registration form, click HERE. Registration online, click HERE.
June 10-12, 2013
Hilton Hotel, Waco
Register by: 5/10/13
The regional judges programs (with the exception of the Low Volume Court Series) are submitted to the State Bar of Texas for MCLE credit. Attorney judges may receive a judicial exemption from their 15 hours of CLE requirement. All TMCEC regional seminars will be submitted to the Texas Board of Legal Specialization for credit towards continuing legal education requirements for certification and re-certification in Criminal Law and Juvenile Law. All information and forms for claiming credit will be given to each attorney judge toward the conclusion of the seminar. Attorneys will be charged a $100 CLE fee if they seek CLE credit and will be offered a 5:05 to 6:30 p.m. optional session to obtain the full 12 hours of CLE credit (with an extra 3 hours available for attendance at the pre-conference session).
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Regional Attorney Judges Seminar
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May 5-7, 2013
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Isla Grand Beach Resort
500 Padre Boulevard, S. Padre Island, TX
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Regional Non-Attorney Judges Seminar
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May 7-9, 2013
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Isla Grand Beach Resort
500 Padre Boulevard, S. Padre Island, TX
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New Judges & Clerks Orientation
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June 5, 2013
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TMCEC
2210 Hancock Drive, Austin, TX
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Regional Clerks Seminar
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June 10-11, 2013
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Hilton Waco
113 South University Parks Dr. Waco, TX
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Regional Judges Seminar
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June 10-12, 2013
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Hilton Waco
113 South University Parks Dr. Waco, TX
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Prosecutors & Court Administrator Seminar
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June 17-19, 2013
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Omni Corpus Christi Hotel Bayfront Tower
900 N. Shoreline Blvd., Corpus Christi, TX
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New Clerks Seminar
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July 15-18, 2013
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Omni Southpark Austin
4140 Governors Row, Austin, TX
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New Judges Seminar
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July 15-19, 2013
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Omni Southpark Austin
4140 Governors Row, Austin, TX
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Legislative Update - Lubbock
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August 15, 2013
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Overton Hotel & Conference Center
2322 Mac Davis Lane, Lubbock, TX
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Legislative Update - Houston
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August 20, 2013
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Omni Houston Hotel
4 Riverway, Houston, TX
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Legislative Update - Austin
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August 23, 2013
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Omni Southpark Austin
4140 Governors Row, Austin, TX
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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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