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December 6, 2013
9:00 a.m.
3rd Court of Appeals Courtroom
209 West 14th Street
Austin, TX
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| News
From the Office of Court Administration (OCA)
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Justice Scalia swears in 2 for Texas Supreme Court on Veterans Day
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By Chuck Lindell
American-Statesman Staff
Two members of the Texas Supreme Court were ceremonially sworn in to office Monday by U.S. Supreme Court Justice Antonin Scalia, who noted that requiring state and federal officials to pledge support for the federal Constitution was among the first acts of Congress in 1789.
Chief Justice Nathan Hecht, his left hand on the Sam Houston Bible, promised to defend the laws and Constitution of the United States.
"I have never forgotten that it is an awesome responsibility to judge among your fellow citizens ... that many cases are important not just to parties but to the development of law itself, and therefore it is critical to do right in every case," Hecht told the packed Texas House chamber.
Justice Jeff Brown followed minutes later with the same oath.
Hecht and Brown have been doing their jobs since early October after taking their oaths privately. Monday's ceremonial swearing in was a public celebration of the court and the justices, combined with multiple Veterans Day reminders honoring those who served in the military.
Hecht has served on the court since 1989 and in January will become its longest-serving member in history. He replaced Wallace Jefferson, who resigned as chief justice to re-enter private law practice.
Brown was on the 14th Court of Appeals in Houston appeals court when Gov. Rick Perry appointed him to the Supreme Court.
Perry said he was confident both justices "will continue our tradition of judicial excellence."
Perry also welcomed Scalia to Texas, telling the longest-serving current member of the nation's highest court: "You would fit right in."
When it was his turn to speak, Scalia turned toward Perry, who was seated nearby. "I do fit right in here," he said. "If I wasn't a Virginian, I probably would want to be a Texan."
Scalia, who oversees the circuit that includes Texas, had sworn in two previous chief justices of the Texas Court: Jefferson and Tom Phillips.
Monday's ceremony included a tribute to Jefferson, who was praised for drastically reducing the Texas court's large backlog of cases, improving justice for juveniles and children in foster care, and making legal access for the state's poor a priority.
Jefferson urged members of the Supreme Court, and all of the judges gathered in the House chamber, to actively support causes that improve the administration of justice.
"Don't be shy about it. The one great thing that a judge can do is to pick up phone and know ... the person on other line is going to answer the phone," he said.
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Op-Ed appeared in Austin American Stateman, San Angelo Standard Times, and San Antonio Express News
Hecht: Let's bring vets all the way home
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BY NATHAN HECHT
More than 1.6 million veterans call our great state of Texas home. We are grateful for and honor each and every one of our men and women in uniform for the sacrifices they have made and continue to make for our safety and freedom. All Texans share in the important responsibility of assisting our veterans in transitioning from military to everyday life. It's a community-wide effort, and we need to be doing more. Our veterans deserve more.
Many veterans come home empowered by their time in the military, able to adjust with little to no assistance. For others, overcoming demons arising from their experiences in combat takes time and support.
Justice for Vets, a national organization committed to the expansion of veterans treatment programs, reports that, out of the more than 2.4 million men and women who have served in the wars in Iraq and Afghanistan, 460,000 suffer from post-traumatic stress disorder or depression, and 345,000 suffer from an alcohol or drug addiction. If treatment isn't received, the consequences can be dire: unemployment, homelessness, criminal convictions and even suicide.
A downward spiral from war to jail should not be our veterans' narrative. Texas' judicial branch is stepping up its efforts to ensure that our veterans' futures are on a positive path. The state's first veterans court started in Harris County in 2009. Since then, 11 additional courts have opened their doors, with three more scheduled to come online next year in Williamson, Webb and Cameron counties. These courts' specialized dockets are solely dedicated to veterans in an effort to keep them out of our criminal justice system.
They operate first by identifying qualifying veterans following an arrest. The most common offenses are DWI, assault, theft and domestic violence. The courts, the U.S. Department of Veterans Affairs and a team of prosecutors, defense attorneys and others then work together to create an intense treatment program that provides structure, support and accountability. Veterans are often required to come to court before their judge every one or two weeks for a progress report in addition to their inpatient and outpatient treatment regimen. If a veteran successfully completes the nine-month- to two-year-program, the charge is cleared from their record.
Veterans report that the programs restore their dignity, build their self-confidence and give them hope. The recidivism rate is evidence that veterans courts need to continue and expand. Travis County has graduated 40 veterans from its program since it began in November 2010. As of today, only one graduate has been re-arrested.
Texas needs to continue to provide support and funding for these programs. Our communities would be well served by having more veterans courts. The programs play a vital role, and I am proud the Texas judiciary is playing a crucial role in bringing our men and women in uniform all the way home.
Hecht is chief justice of the Supreme Court of Texas and a U.S. Navy veteran. Follow him on Twitter @NathanLHecht or contact him at Nathan.Hecht@txcourts.gov.
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The process of developing rules and procedures for the new Judicial Branch Certification Commission is well under way. Under Senate Bill 966, the Commission will come into existence on September 1, 2014. Jeff Rinard has been selected to be the director of OCA's Certification Division, which will staff the Commission. Jeff started with OCA on November 1. The Commission will handle certification and licensing for court reporters and court reporting firms, professional guardians, process servers, and court language interpreters. A special task force comprised of representatives from each of the professions that will be regulated by the Commission has been developing rules for the Commission. The task force finished the initial draft proposal the first week of November and it has been published for comments from the public. The proposal is published on OCA's website, and stakeholders were given notice when the proposal was made available for comment. Under the current timeline, comments will be due in December. The task force will review the comments, make any necessary changes in the rules, and send them to the Supreme Court shortly after the first of the year. We anticipate that the rules will be ready to go into effect when the Commission begins operating next September 1.
Here's the posting:
http://www.courts.state.tx.us/oca/pdf/JBCCProposedRules.pdf
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45 Counties Active with new eFiling Manager
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Clerks' offices in Texas continue to make the transition from the Texas.gov eFiling manager to the new eFiling manager. Upon this transition, attorneys and litigants are able to take advantage of the reduced cost of eFiling in Texas - dropping by as much as 94%. As you can see from the map, most of the courts currently eFiling in Texas had made the transition to the new eFiling manager. For an up-to-date list of the counties who are live on the new system, visit http://www.texfile.com/active-courts.htm. For information on how to begin eFiling in Texas, visit http://www.texfile.com/filers-get-started.htm.
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$2 local e-Filing fee Certification Forms Due Before Collection Can Begin
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The forms are due within 30 days of the last day of the county fiscal year and, as of November 1, 2013, OCA has received reports from only five counties. The reporting form can be found at this link:
http://www.courts.state.tx.us/jcit/Efiling/EfilingHome.asp
The form is listed under the "For Court Clerks" section and is titled, "$2 Transaction Fee Certification Form [PDF] [MSWord]." The [MSWord] version can be saved with data entered in it, so that it can be easily emailed to OCA at efilingfee@txcourts.gov without the need to print out the document.
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Texas pattern jury charges available now to Judges at No Charge
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As recently reported in the Texas Center for the Judiciary's In Chambers publication, judges may access the Texas Pattern Jury Charges free of charge. For more information, click here.
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Grant to Test Concept of Client Choice of Attorney
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Comal County is gearing up for a grant project with the Texas Indigent Defense Commission to test an innovative program that will provide poor defendants with the opportunity to choose their own attorney. The concept of "client choice" in public defense is new in the United States, but has been standard practice in many parts of the United Kingdom and other Commonwealth countries. The potential for client choice to improve the quality of indigent defense was the subject of a Cato Institute policy paper published in 2010. Rather than getting court appointments merely because it is their turn in the rotation, client choice may provide attorneys with stronger, more direct incentives to provide quality representation for clients in order to build and preserve a reputation for effective client service.
In addition to the quality incentives provided by the "accountability of the marketplace," giving poor defendants a chance to have some control over who will stand up for their rights in court leads to better attorney-client relationships. This was the conclusion of Professor Norman Lefstein of the McKinney School of Law at the University of Indiana, a nationally recognized expert on indigent defense. Prof. Lefstein, who will serve as a consultant to Comal County to help design the program, observed the benefits of client choice during his time studying the indigent defense system in England.
A series of planning meetings with judges, defense attorneys and other stakeholders will commence early in 2014 to address the many logistical and practical implementation issues. The County has contracted with researchers at the Justice Management Institute to help evaluate the impact of the program. The grant will also help Comal County develop a mentoring program for defense attorneys and training events.
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| Indigent Defense Workshop |
The Commission hosted a successful Indigent Defense Workshop for Texas Counties on October 28th & 29th. Over 30 counties were represented with upwards of 100 attendees, including county officials, public defenders, members of the judiciary, and other stakeholders. Highlights include a presentation by Senator Rodney Ellis on day one on "Building a Better Indigent Defense System." On day two, Judge Sharon Keller opened the session with "Helpful Resources from TIDC". The Governor's Criminal Justice Division provided a grant to offer financial assistance for travel expenses to those counties who sent officials to Austin for the workshop. The entire workshop course book, including presentations from all presenters is available on our website, as well as videos from most of the presenters.
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| Children's Commission Hosts Trial Skills Webinar and Training Pilot for All Attorneys on CPS Docket |
On October 23, 2013, the Supreme Court Children's Commission hosted two training events designed to raise the level of trial practice in CPS cases across the state.
First, the Children's Commission sponsored a live webcast hosted by Texas Bar CLE, featuring 3.75 hours of MCLE consisting of lectures by the Commission's Trial Skills Training faculty entitled "Trial Skills in the CPS Case." Subjects ranged from opening and closing statements, direct and cross-examination, moving documents into evidence and evidentiary objections, and dealing with expert witnesses. A total of 614 viewers observed the live program, and it will be archived for future viewing on the Texas Bar CLE website. The Children's Commission is grateful to the State Bar of Texas for offering this CLE at no charge to attorneys who accept appointments in CPS cases as well as attorneys who represent the state or the Department of Family and Protective Services.
Second, the Children's Commission hosted a 2 day, hands-on Trial Skills Training Pilot for 18 participating attorneys who represent parents, children, and the state in CPS proceedings across the state. Immediately following a lecture on a trial skills topic, the attorneys took advantage of numerous opportunities to practice all aspects of a trial on termination of parental rights, followed by a constructive critique of their skills. This Pilot training emanated from 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.
Feedback from the faculty and participating attorneys on the Pilot Trial Skills Training was very positive, and invaluable to the Commission as it prepares to present the Trial Skills Training to attorneys working in child protection courts over the next several years.
The Children's Commission is grateful to the Texas Supreme Court Justices for their continued leadership to improve outcomes for children in our courts, and in particular to Justice Eva Guzman of the Texas Supreme Court, and Justice Michael Massengale of the First Court of Appeals in Houston.
Please link here to see more of the projects of the Supreme Court's Children's Commission: www.texaschildrenscommission.gov.
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| 3rd-5th Graders Wanted for Civics Education Essay Contest |
The National Center for  State Courts is looking for 3rd, 4th, and 5thgraders to participate in this year's civics education essay contest. Students are encouraged to answer this year's question-"What is civics education and why is it important?"-in 100 words or less. Entries can be hand-written or typed. The first-place winner will receive a $100 Amazon gift card and copies of NCSC's graphic novel Justice Case Files: The Case of the Broken Controller for his or her grade. The winning entry will also be featured in future NCSC publications. Essays are due by February 15, 2014.
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| Justice Center Completes Evaluation of Harris County Public Defender Office |
On September 30, the Council of State Governments Justice Center released its final report, "Improving Indigent Defense: Evaluation of the Harris County Public Defender." The Justice Center found the Harris County Public Defender (HCPD) is of significant value to Harris County's criminal justice system.
Assigned counsel system allows high caseloads
The report compared the HCPD to assigned counsel procedures in Harris County and found 45 percent of assigned counsel caseloads (not accounting for retained cases) exceeded the National Advisory Commission's 150 felony caseload standards. The top ten percent of misdemeanor appointed counsel received over 452 cases in a year, with an average of 632, exceeding the national standard of 400. Juvenile appointed counsel had 12 attorneys with more than the NAC standard of 200 cases without accounting for other cases. In contrast, HCPD was able to track and control staff workload with a case management system.
Public defender produced better defense outcomes than assigned counsel for similar cases tracked in the study
The misdemeanor division of HCPD secured dismissals for clients five times more frequently than for a matched group of similar defendants with assigned counsel. Felony HCPD counsel achieved a greater proportion of dismissals, deferred sentences, and acquittals, and a smaller proportion of guilty pleas for clients, than assigned counsel did for a matched group. Appointed counsel reduced charges for 23 percent of clients, which is more than HCPD and hired attorneys, though appointed counsel also achieved the fewest dismissals. This suggests that HCPD and retained counsel are more likely to achieve dismissal of weak cases, where appointed counsel is more likely to plead them down. HCPD appellate counsel had a five percent reversal rate (ratio of number of cases reversed to number of cases heard). The 1st and 14th Courts of Appeals (in which the Appellate Division practices) average a three per cent reversal rate in criminal cases (which includes cases outside of Harris County).
HCPD satisfies the ABA's Ten Principles
The office was developed to fully utilize the talents of Harris County's professional justice system team. It implemented quality controls helping to ensure office standards, mandate training, and monitor parity with resources in the District Attorney's Office. HCPD also adopted the Texas State Bar's Performance Guidelines as part of its employee performance standards and basis for evaluation.
HCPD provides system value-added services
The public defender's office has provided representation when systemic problems emerged; sponsored a variety of continuing legal education opportunities to all lawyers in the system; offered other forms of consultation and assistance to the defense bar; and developed a federal grant-funded mentorship program for selected assigned counsel.
Recommendations
The Justice Center evaluation recommended HCPD: continue to adjust its role within the indigent defense system to ensure the county receives the maximum benefits from its specialty defense presence; conduct periodic caseload analysis for each division to determine if workload capacity has changed; improve its efforts to quantify time spent on cases by encouraging full reporting of time; and recalculate workload analysis with full records.
This report was done to satisfy a Texas Indigent Defense Commission requirement for an independent assessment of the HCPD as part of the multi-year grant that TIDC awarded to the county.
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| Attorney General Opinion Requests |
RQ-1160-GA
Cameron County has requested an attorney general opinion on whether a JP can grant a waiver of the 72-hour waiting period after the issuance of a marriage license and whether the JP can charge a fee for that service (if allowed). An opinion is not expected for several months.
RQ-1162-GA
Comptroller Susan Combs has requested an attorney general opinion on her duty as it relates to Government Code Sec. 51.607(a). There has been some disagreement recently between the Comptroller and several county clerks regarding the implementation date of the Records Management and Preservation Fee. An opinion is not expected for several months.
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Judicial Appointments
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Gov. Rick Perry has made the following appointments:
- Ken Wise of Humble as justice of the 14th Court of Appeals
- Leanne Johnson of Beaumont as justice of the Ninth Court of Appeals
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| Supreme Court Civics Lessons |
Are you looking to deliver a lesson on the Third Branch to middle or high school students? If so, check out this new resource from the Supreme Court of Texas:
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Judicial Training Resource Links
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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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