Upcoming Events
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Feb 25, 2016
1:00pm - 3:00pm
Tom C. Clark, Bldg
1st Floor Conf Rm
205 W. 14th Street
Austin
Feb 26, 2016
10:00am - 12:00pm
Supreme Court of Texas Courtroom 201 W. 14th Street Austin
Feb 26, 2016
1:00pm
John H. Reagan Building 105 W 15th St., Rm 131 Austin
Mar 22, 2016
1:30pm - 3:30pm
Supreme Court of Texas Courtroom 201 W. 14th Street Austin
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February 2016
News From the Office of Court Administration
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Annual Statistical Report for the Judiciary released
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The Fiscal Year 2015 Annual Statistical Report for the Judiciary has been released detailing the work accomplished by Texas courts. The FY 2015 version provides three formats (print, interactive and flipbook) and gives readers a glimpse of statewide trends, court-level trends and detailed statistical data. Some highlights of the report include:
- There were approximately 9.97 million cases disposed in the Texas courts, with less 0.5% disposed by jury trial.
- The Supreme Court ended the fiscal year with no argued cases awaiting an opinion, meeting that goal for the first time in measured history. The time between oral argument and disposition fell to an all-time low of 173 days, down from over 400 days in 2008.
- Mandatory matters comprised 80 percent of the Court of Criminal Appeals' caseload, and the Court granted discretionary review less than 8 percent of the time. When the Court granted petitions for discretionary review, almost 60 percent were resulted in reversals.
- The number of cases added at the Courts of Appeals was the lowest since 1995, and the courts ended the year with the lowest number of pending cases since 1990. Over 80 percent of the criminal and civil docket had been pending under one year.
- The number of filings in the district courts has dropped by 6 percent in the last five years, with the primary drop occurring in family and juvenile cases. Family cases now make up almost 40 percent of the district court civil caseload, and drug offenses make up 30 percent of the district court criminal caseload. Almost three-fourths of the criminal cases disposed resulted in conviction or deferred adjudication.
- The number of divorce cases filed has dropped to the lowest number since 1989, and the number of all other family cases has declined 7 percent since the peak in 2013. Child protection case filings have increased by almost 10 percent in the past five years.
- The number of misdemeanor cases filed has fallen 26 percent from the peak in 2007 and is the lowest since 1996, and the number of felony cases filed is 11 percent lower than the peak in 2007. Drug offenses make up 31 percent of the felony cases filed, with drug possession comprising over 80 percent of the drug offenses.
- While the overall number of filings in the statutory county courts has dropped by 10 percent in the last five years, the number of mental health filings has increased by 18 percent. Drug offenses make up 20 percent of the criminal docket, with over three-fourths of those cases representing possession of marijuana cases.
- The majority of the cases filed in the 210 constitutional county courts with judicial functions were criminal cases, with dismissals accounting for 40 percent of the dispositions of those cases.
- There was a 10 percent drop in the number of filings in justice courts in the past fiscal year, driven primarily by an 11 percent drop in traffic filings and a 20 percent drop in non-traffic filings. Three-quarters of convictions in traffic cases and 81 percent of convictions in non-traffic cases were the result of an uncontested plea prior to a court appearance.
- Similar to a trend in the justice courts, the number of cases filed in the municipal courts dropped by 10 percent in the past fiscal year, driven by a 15 percent drop in civil cases and a 10 percent drop in traffic cases. The municipal courts reported collecting almost $700 million in fines, court costs and other amounts.
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Chief Justice Hecht named to National Task on Fines, Fees and Bail Practices
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The nation's two national state court leadership associations have formed a National Task Force on Fines, Fees and Bail Practices to address the ongoing impact that court fines and fees and bail practices have on communities - especially the economically disadvantaged -- across the United States. The Conference of Chief Justices (CCJ) - the association of the top judicial leaders from the 50 states, D.C. and the U.S. territories - and the Conference of State Court Administrators (COSCA) - the association of court executives that oversees judicial administration in the state courts - are leading this effort.
The Task Force, whose membership includes Chief Justice Nathan Hecht and OCA Director of Research and Court Services Scott Griffith, is comprised of national judicial and legal leaders, legal advocates, policy makers from state, county and municipal government, academics, and the public interest community. It is co-chaired by Ohio Chief Justice Maureen O'Connor and Kentucky State Court Administrator Laurie K. Dudgeon. The Task Force is working with the support and commitment of the State Justice Institute (SJI), and is coordinating with key stakeholders, including the Department of Justice. Several CCJ and COSCA members attended a two-day White House hearing in December led by DOJ that outlined the severity of this issue and the critical need to find solutions.
The Task Force co-chairs have formed three working groups:
- Access to Justice and Fairness
- Transparency, Governance & Structural Reform
- Accountability, Judicial Performance and Qualifications, and Oversight
Among other responsibilities, the Task Force will:
- draft model statutes, court rules, written policies, processes and procedures for setting, collecting and waiving court-imposed payments;
- compile and create suggested best practices for setting, processing and codifying the collection of fines and fees and bail/bonds;
- review and revise suggested guidelines for qualifications and oversight of judges in courts created by local governments or traffic courts, including reviewing and updating state codes of judicial conduct and the jurisdiction of judicial conduct commissions to ensure their applicability to all judges;
- sponsor a court "hackathon" designed to develop innovative technological solutions that ensure courts are providing 21st century customer service through mobile applications and software platforms; and
- develop an online clearinghouse of information containing resources and best practices.
CCJ and COSCA have long taken the position that court functions should be funded from the general operating fund of state and local governments to ensure that the judiciary can fulfill its obligation of upholding the Constitution and protecting the individual rights of all citizens. In 1986, CCJ and COSCA adopted, Standards Relating to Courts Costs. Subsequently, in 2012, CCJ and COSCA adopted a position paper titled Courts are Not Revenue Centers and the "Principles of Judicial Administration" developed by the National Center for State Courts (NCSC).
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Thoughtful Proposals for Civil Litigation Improvement Now Online
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The Conference of Chief Justices (CCJ) has long made civil justice reform and access to justice top priorities for its work agenda. Civil litigation has become so expensive and time consuming that a growing number of citizens are either forgoing civil remedies or representing themselves in court. Recognizing both the challenges in civil litigation and the creative initiatives that many state courts have undertaken to address those problems, the CCJ created the Civil Justice Improvements (CJI) Committee in 2013. Its mission is to: (1) develop guidelines and best practices for civil litigation based on evidence derived from state pilot projects, other applicable research, and stakeholder input, and (2) make recommendations in the area of caseflow management for the purpose of improving state civil justice systems.
After two years of intense effort, the CJI Committee (a diverse group of judges, court administrators, academics, and private-sector lawyers) published its first draft of "Recommendations to Reduce Cost and Delay in the Delivery of Civil Justice" during the CCJ Midyear Meeting in January. The recommendations are now available for public comment on the NCSC website.
The CCJ is scheduled to take final action on the Recommendations during its annual meeting next July.
Source: Washington Update, NCSC
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Library Resources
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In a move to make the Texas State Law Library statewide in more than just name, the library has developed a web presence that makes many of its resources available - free - to researchers from Stratford to Brownsville, from El Paso to Texarkana. After studying the library's home page, Chief Justice Nathan L. Hecht called the 16-month-long web development the result of a library staff "anxious - driven, really - to be of greater service to Texas lawyers and the public" and a vital tool for lawyers willing to offer legal services pro bono or at reduced rates. "Their efforts to expand the library's resources and extend its outreach are cutting-edge," Hecht said. Among the many links to offerings are Fastcase, a new database that includes state law from all states and federal law, and HeinOnline, best known for online access to law reviews but also provides primary historical sources, the Congressional Record, Code of Federal Regulations, agency decisions and comprehensive federal legislative history. In developing the site as a "portal," the State Law Library staff has enlisted commercial legal publishers like LexisNexis to allow access to their offerings at no charge to library users. But more than just legal-source materials, the library makes perhaps its most valuable resource handy to online researchers: its research librarians, available by phone or over the web.
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Research & Practice Spotlight - Evaluation
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The American Evaluation Association defines evaluation as "a systematic process to determine merit, worth, value or significance." Program evaluation answers questions like: To what extent does a program or process achieve its goals? How can it be improved? Should it continue? Are the results worth what the costs?
The High Performance Court Framework illustrates an integrated approach to performance measurement and management. The court administration quality cycle includes five steps: determining the scope and content of a problem, information gathering, analysis, taking action, and evaluating the results.
Source: National Center for State Courts
This report describes general principles that should guide a government-wide effort to strengthen evaluation functions. While it is directed at federal agencies, the roadmap also applies to state and local government.
Source: American Evaluation Association
Western Michigan University's Evaluation Center provides checklists to facilitate evaluation. Of particular interest is the Utilization-Focused Evaluation Checklist, which provides useful steps to evaluations.
Source: The Evaluation Center at Western Michigan University
The National Performance Management Advisory Commission developed the performance management framework to help governments move beyond measuring and reporting those measures to managing performance toward improved results. For governments that currently have performance measures, the framework offers information on how they can use them to get better results. For governments that have not yet developed performance measures, the framework provides a starting point for creating a performance management system. The framework is designed to be used by all state, provincial, and local entities - agencies, cities, counties, school districts, the judiciary, and special districts.
Source: National Performance Management Advisory Commission
For additional information on this topic or to discuss how OCA can help you with evaluation in your court, please contact OCA's Scott Griffith, Director of Research and Court Services, or Amanda Stites, Research Specialist at (512) 463-1625.
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Judicial Appointments
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Governor Abbott has appointed 31 members (including David Slayton) to the Task Force on Infectious Disease Preparedness and Response and has appointed John Hellerstedt, M.D. as director. The Task Force was created to provide expert, evidence-based assessments, protocols, and recommendations related to state responses to infectious diseases, and to serve as a reliable and transparent source of information and education for Texas leadership and citizens.
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Attorney General Opinions
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Opinion: (KP-0064) Circumstances under which a truancy court may refer a child to the juvenile probation department, and circumstances under which a child may be prosecuted for delinquent conduct
Summary: A court would likely conclude that under subsection 65.251(b) of the Family Code, a truancy court may refer a child to the juvenile probation department for either failure to obey a truancy order or direct contempt; however, such a referral requires two prior instances of contemptuous conduct regardless of form-either failure to obey a truancy order or direct contempt.
A court would likely conclude that a juvenile prosecutor maintains discretion under subsection 65.252(d) of the Family Code to prosecute a child for delinquent conduct as set forth in subsection 51.03(a)(2)(C) of the Family Code even on a child's initial referral to juvenile court.
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Video Series Addressing Human Trafficking
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The Office for Victims of Crime has released the " Faces of Human Trafficking," a nine-part video series designed to help service providers, law enforcement, prosecutors, and communities raise awareness of human trafficking. The series addresses sex and labor trafficking, multidisciplinary approaches to serving victims of human trafficking, juvenile victims of human trafficking, effective victim services, victims' legal needs, and voices of survivors. A discussion guide, fact sheets, and posters accompany the video series.
Source: Washington Update, NCSC |
Guardianship Resources
| Webinar: "Elders and Capacity: What Judges Need to Know"
The National Judicial College is pleased to host Dr. Brenda Uekert of the National Center for State Court's Center for Elders and Courts on a 75-minute live webcast, Elders and Capacity: What Judges Need to Know, on March 17, 2016 at 10 a.m. PST. To register, visit the NJC's online registration site. Additional judicial resources can be found at www.eldersandcourts.org.
Conference: |
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 by Chapter 72 of the Texas Government Code. www.txcourts.gov
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