In This Issue
Exoneration Review Commission Considers Recording of Custodial Interrogations
Judicial and Courthouse Security Survey Results Released
OCA Equipment Loan Program
JCIT endorses Online Court Records Project
eFiling Sets record or 36 million pages
Managing Digital Evidence in Courts
CCJ/COSCA task force releases pandemic response guide for state courts
Responding to Cyber Attack
Implementing Judicial Tools
Research & Court Services Spotlight - Self-Assessment
AG Opinion on Constitutionality of SB 1876
Appointments
Improving Responses to People with Mental Illnesses at the Pretrial Stage
Judicial Training Resource Links

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March 2016 
News From the Office of Court Administration
Exoneration Review Commission Considers Recording of Custodial Interrogations
At its meeting this week, the Timothy Cole Exoneration Review Commission considered requiring recording of custodial interrogations. The potential recommendations come on the heels of survey results from a Commission survey sent to judges, prosecutors, defense attorneys and law enforcement agencies across Texas in February. The Commission plans to vote on the recommendations at its next meeting in June and will study eye witness identification and false accusation and informant regulation as its next topics for consideration. The meeting was webcast and can be viewed here.
Exoneree Christopher Ochoa addresses the Commission.
Exoneree Christopher Ochoa addresses the Commission.
Commission members and staff listen to Mr. Ochoa_s story.
L to R: Wesley Shackelford, John Beauchamp, Senator Joan Huffman, Senator John Whitmire, OCA Administrative Director David Slayton, Representative John Smithee, Commission Chair
Judicial and Courthouse Security Survey Results Released
The Honorable Scott H. Jenkins
The Honorable Scott Jenkins
The Office of Court Administration has released an overview of the results of the Judicial and Courthouse Security Survey that included questions relating to judges' personal safety concerns, reporting of security incidents, and courthouse security measures. With 1,115 respondents (representing a 43.2% response rate), the survey provides a glimpse into the feelings of judges on the security-related issues. In response to the survey, the Texas Judicial Council has formed a Court Security Committee, chaired by Travis County District Judge Scott Jenkins, to study the issue and make recommendations to the Council.
OCA Computer Equipment Loan Program Announced
OCA has announced that counties can now sign-up for the OCA Equipment Loan Program. This program allows OCA to loan PCs and a server to a county for use in supporting eFiling. At the end of the warranty period for the equipment, OCA will then transfer the equipment to the county.
JCIT endorses Online Court Records Project
The Judicial Committee on Information Technology last met in January. In addition to the regular eFiling report, the committee adopted the latest version of the technology standards. The code updates were fairly small and were predominately adding additional services for use in the counties. Tyler will be contacting counties to see what (if any) of the new codes should be implemented.
 
JCIT also discussed RACER, a new tool that will enable judges to view eFiled documents. This web-based tool only requires a computer and Internet access for a judge to be able to view documents that have been eFiled. JCIT voted to recommend deploying this tool to judges early this summer, ahead of the last eFiling mandate. 
eFiling Sets record or 36 million pages
In January, Tyler reported the 2015 eFiling numbers. Last year, eFiling prevented more than 36 million pieces of paper from making it to the clerk's office. Also, the clerks have done excellent work in training staff and attorneys, as the return for correction rate has dropped to 5%, less than half the national average.
Managing Digital Evidence in Courts
Technologies including smart phones and body-worn cameras are capturing an ever-increasing volume of evidence. The exponential increase in the quantity of digital evidence is challenging the court's ability to receive, evaluate, protect, and present digital evidence. This report identifies potential challenges and recommends steps courts should consider.


CCJ/COSCA task force releases pandemic response guide for state courts
A guide on how courts can prepare for pandemic emergencies has been produced by a task force created by the Conference of Chief Justices. Preparing for a Pandemic. An Emergency Response Benchbook and Operational Guidebook for State Court Judges and Administrators, was created in response to the Ebola scare in 2014 and in preparation for any future pandemic emergencies, such as the current zika virus spread by mosquitos. The guide serves as a model each state can use to develop their own pandemic benchbook. The Conference of State Court Administrators partnered in the task force, and the guide also helps court administrators with pandemic preparedness, including court operations issues and training. A webinar held on March 16 to launch the guide was recorded and is available for viewing.

Source: @The Center, National Center for State Courts
Responding to Cyber Attack
Cybersecurity threats are increasing for all organizations, public and private. In spite of good prevention efforts, every court will almost certainly face a cybersecurity incident including data breach or cyberattack. This paper provides a basic explanation of the preparations necessary for court managers to respond quickly and effectively in the event of a cybersecurity incident. 


Implementing Judicial Tools
Judicial Tools are applications that address the day-to-day operational needs of judges. A judicial tools project is smaller than a case or document management system project and will require a different approach than other court technology initiatives. This paper provides a basic explanation of technology options and implementation considerations for courts planning a judicial tools initiative.


Research & Court Services Spotlight - Self-Assessment
The Business Dictionary defines self-assessment as a "continuing process through which managers at all levels evaluates the effectiveness of their performance in all areas of responsibility, and determine what improvements are required." The International Consortium for Court Excellence states that "self-assessment itself is a necessary first step to developing a plan to close the gap between 'what is' and 'what can be'. It will assist in determining which issues can and must be addressed in the short-term and those that necessitate more intermediate or long-term planning."
 
The following self-assessments may assist you in evaluating your court's performance and in taking the first step to move from measurement and reporting to management and improving.
 
This self-evaluation uses the Court Excellence Self-Assessment Checklist to evaluate a court's performance against seven areas of excellence: 1) court leadership and management, 2) court planning and policies, 3) court resources, 4) court proceedings and processes, 5) client needs and satisfaction, 6) affordable and accessible court services, and 7) public trust and confidence.
Source: International Consortium for Court Excellence
 
Many communities find that daily practices in a domestic violence court evolve over time, and that stakeholders may change or leave, causing disruption. This self-assessment provides a guided opportunity to reflect on current practice, comparing it to the original goals of the court.
Source: Center for Court Innovation
 
This language access planning and technical assistance tool for courts was created to assist courts and court systems as they develop comprehensive language access programs. This self-assessment tool was developed in response to requests for technical assistance from courts and others involved in planning and implementing measures to improve language assistance services in courts for limited English proficient (LEP) individuals.
Source: Federal Coordination and Compliance Section, Civil Rights Division, U.S. Department of Justice
 
This self-assessment is designed as a guide for jurisdictions interested in developing or enhancing a court model that responds to prostitution, human trafficking, and/or the commercial sexual exploitation of children (CSEC).
Source: Center for Court Innovation
 
This document is intended for courts that wish to conduct a wide-ranging, comprehensive self-assessment using a variety of tools to gather extensive information concerning self-represented litigants and court efforts to assist them.
Source: Self-Represented Litigation Network
 
For additional information on this topic or to discuss how OCA can help you with assessment,  please contact OCA's Scott Griffith, Director of Research and Court Services, or Amanda Stites, Research Specialist at (512) 463-1625. 
AG Opinion on Constitutionality of SB 1876
Opinion No.  KP-0071
Re:     Constitutionality of Senate Bill 1876, relating to the appointment of attorneys ad litem, guardians ad litem, mediators, and guardians
(RQ-0060-KP)

Earlier this month, the Office of the Attorney General issued an opinion regarding the constitutionality of Senate Bill 1876 (84th Legislature, Regular Session).  The new law requires judges to maintain lists of persons who may be appointed by a judge to serve as attorneys ad litem, guardians ad litem, mediators and guardians.  When an appointment of one of those persons is necessary, the new law requires judges to appoint the next person on the required lists.  A few appointments are exempt under Sec. 37.002, Tex. Gov't Code.  Additionally, Sec. 37.004, Tex. Gov't Code, provides a few instances in which a judge is permitted to appoint someone out of order or who is not on the list.
 
The request for opinion asked whether the provisions in SB 1876 violate "Article II, Section 1 of the Texas Constitution (separation of powers clause) because it deprives judges of discretion in the appointment process" and whether it is "unconstitutionally vague because it requires courts to appoint 'qualified' appointees but fails to define what attributes are necessary to be considered 'qualified.'" 
 
The opinion determined that "a court is unlikely to conclude that Senate Bill 1876 from the Eighty-fourth Legislature is unconstitutional under article II, section 1 of the Texas Constitution or is unconstitutionally vague."
Appointments
Governor Greg Abbott has appointed Ryan Larson of Hutto as judge of the 395th Judicial District Court in Williamson County for a term set to expire at the next general election in November 2016.
Resources
Improving Responses to People with Mental Illnesses at the Pretrial Stage: Essential Elements
About 17 percent of people entering our nation's local jails for pretrial detention meet the criteria for serious mental illness. In many jurisdictions, they remain in jail for considerably longer than those without mental illnesses, even though they face similar charges and pose no more risk of flight or danger to the community than those without mental illnesses. In the meantime, they remain incarcerated at significant cost to the public and to their own chances of recovery and stability in the community.
Judicial Training Resource Links

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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