On June 30, the Court of Criminal Appeals issued an order mandating criminal eFiling for attorneys filing in the district and county-level courts in the state. The order provides for a scheduled implementation similar to the one used for civil eFiling, beginning with the most populous counties on July 1, 2017 and ending with counties under 20,000 population on January 1, 2020. To learn more about criminal eFiling, please contact your eFileTexas representative.

Judicial Council proposes revisions to Collection Improvement Rules

At its June 3, 2016 meeting, the Texas Judicial Council approved repealing the current Collection Improvement Program rules (1 TAC 175) and proposed new rules for adoption. The primary goal of the proposed amendments is to provide procedures that will help defendant's comply with court ordered costs, fines and fees without imposing undue hardship on defendants and defendant's dependents. The proposed rules were published in the Texas Register on July 1, 2016, and are available from this link. A memo provided to the Council that compares the proposed rules to the current rules is available here. Comments on the proposed rules may be submitted to Scott Griffith at scott.griffith@txcourts.gov, at P.O. Box 12066, Austin, Texas 78711-2066, or at fax number (512) 463-1648. The deadline for submitting comments is August 1, 2016.

reSearchTX Launches for Judges Access to Court Records

re:SearchTX (formerly RACER) launched as planned this month starting with judges in rural counties. Invitations have been sent to the judges and are setting them up with credentials to access the system. The system allows judges to access accepted eFilings in cases in their jurisdiction. This system isn't dependent on the local case management system, so it alleviates the need for a judge to learn multiple systems.

The system will continue to expand its invitations to all judges through the end of this summer. Tyler Technologies will be hosting webinars and providing short training opportunities to assist judges in using the system.

Exoneration Commission Embraces Recommendation for Electronic Recording of Interrogations

At its meeting on June 28, the Timothy Cole Exoneration Review Commission endorsed a recommendation that would propose mandating electronic recording of all custodial and non-custodial interrogations conducted in relation to a felony investigation. The proposal would require that recording commence when the defendant enters the interrogation room through audio and/or audiovisual means. Failure to record would render the statement inadmissible unless the court were to find good cause for the statement not being recorded. The Commission's survey of law enforcement found that most law enforcement agencies are already recording interrogations. The Commission's full recommendations are due in a report by December 1, 2016. A recording of the June 28 meeting can be found here.

Texas Court awarded Training and Technical Assistance Project

The 126th District Court is one of the six jurisdictions chosen by The National Campaign to Prevent Teen and Unplanned Pregnancy's Training and Technical Assistance Project: Addressing Teen and Unplanned Pregnancy in Dependency Courts.

The goal of this Training and Technical Assistance Project is to improve educational and economic outcomes for youth involved in the child welfare by reducing teen and unplanned pregnancy.

The objectives of this project are to:

(1) increase judicial and key staff knowledge about evidence-based strategies to prevent teen and unplanned pregnancy; and

(2) increase the comfort of judges and stakeholders in ensuring foster youth in their care receive the appropriate support and information shown to reduce teen and unplanned pregnancy.

For more information on this project, please review the attachment.

Supreme Court Amends Rules of Evidence and State Bar Rules

On June 14, 2016, the Supreme Court issued orders amending the Texas Rules of Evidence and the State Bar Rules. Miscellaneous Docket No. 16-9094 makes minor, housekeeping amendments to Texas Rules of Evidence 509 and 510. The amendments correct typographical errors and the title of a statute referenced in Rule 509 that was changed during the 2015 legislative session. The amendments are effective immediately.

Miscellaneous Docket No. 16-9095 amends Articles I, III, IV, XIII, and XII of the State Bar Rules, effective immediately. The amended rules require every member of the State Bar to provide the Bar with an email address for electronic service by October 1, 2016. The addresses will be used for electronic service through the statewide efiling system and for notices to members from Texas courts. The amended rules also authorize:

the executive director of the State Bar to waive membership fees for military service members serving in a combat zone and for members who demonstrate extraordinary circumstances that would make payment of fees an undue hardship; and
a one-time expunction of an administrative suspension for nonpayment of membership fees.

TAMES Attorney Portal

The new attorney portal for TAMES will allow attorneys of record access to documents on their cases via a secure web portal. In the appellate courts, this will further reduce the needs for attorneys to request various documents that are not generally available on the public website. The portal is currently being piloted in several appellate courts and is expected to be generally available for appellate courts to use at the end of the summer. While the technology behind the portal can be used at each of the state's 14 intermediate appellate courts, usage of the system will be at the discretion of the court.

Local Courthouse Safety Legislation

Congressman Ted Poe (R-TX) has introduced H.R. 1566 which gives local courts direct access to security equipment that the federal government is no longer using. Second, it amends the State Justice Institute authorizing statute to include courthouse safety in SJI's mission. Finally, it makes permanent a pilot program that trains law-enforcement officers on how to respond to active-shooter situations.

Research & Court Services Spotlight - Mental Health and the Justice System

Some 7 million Texans suffer from mental illness; for 1.5 million, their mental illness is severe. Increasing numbers of people with mental illness are intersecting the criminal and civil justice systems, with exponential impacts on themselves, their families, and the wider community. The following resources may assist you in understanding and addressing these issues in your jurisdiction.

A Guide to Understanding Mental Health Systems and Services in Texas

The purpose of the guide is to provide a general overview of the behavioral health care delivery system and the services provided under various state agencies that are funded in full or in part with state appropriations. The report is designed to provide the reader with a basic understanding of how behavioral health services are provided, the populations that are served, and the challenges of meeting the growing and often unmet needs of Texans with mental health or substance use conditions.

Source: Hogg Foundation for Mental Health

The Processing and Treatment of Mentally Ill Persons in the Criminal Justice System: A Scan of Practice and Background Analysis

This report focuses on the societal and economic costs of holding mentally ill offenders in jails and prisons. It also presents a detailed discussion of how mentally ill offenders are processed in the criminal justice system, highlighting the diversity of protocols and practices outlined in state statutes to address these challenges. Further, it discusses several promising criminal justice interventions and policies for mentally ill offenders, including diversionary mechanisms, such as mental health courts, that route mentally ill offenders to community-based mental health treatment programs instead of prison or jail.

Source: Urban Institute

Mental Health Courts

The Council of State Governments Justice Center has authored a number of publications on mental health courts to serve as resources for programs across the country, including Improving Responses to People with Mental Illnesses: The Essential Elements of a Mental Health Court, Mental Health Courts: A Guide to Research-Informed Policy and Practice, Mental Health Courts: A Primer for Policymakers and Practitioners, and A Guide to Collecting Mental Health Court Outcome Data.

Source: Council of State Governments Justice Center

MHCPM: Mental Health Court Performance Measures Implementation and User's Guide

MHCPM is a set of 14 performance measures that offers court managers and administrators a tool to monitor the performance of mental health courts. The measures are designed to be used as a management tool, to monitor program performance, and to demonstrate accountability to funding agencies, court leaders, external partners, and the public.

Source: National Center for State Courts

Improving Outcomes for People with Mental Illnesses under Community Corrections Supervision

This guide helps program planners and policymakers apply research on promising practices to improve outcomes for people with mental illnesses under community corrections supervision.

Source: Council of State Governments Justice Center

For additional information on this topic, please contact OCA's Scott Griffith, Director of Research and Court Services, or Amanda Stites, Court Services Manager at (512) 463-1625.

Supreme Court Adopts Code of Ethics and Minimum Standards for Guardianship Services

The Supreme Court of Texas recently adopted the proposed Code of Ethics and Minimum Standards for Guardianship Services for private professional guardians, guardianship programs, and the Department of Aging and Disability Services. The Code and Minimum Standards were developed by the Guardianship Certification Advisory Board and approved by the Judicial Branch Certification Commission (JBCC). The Code and Minimum Standards incorporate the recent Legislative requirements from Senate Bill 1882, House Bills 39, 1438 and 2665, as well as comments from the public. The Code and Minimum Standards are effective immediately and located on the JBCC webpage.

Supreme Court Establishes Task Force on the Texas Bar Examination

The problem is not Texas's bar examiners, he is quick to say. "We have great bar examiners in Texas, but what is the system around them doing? Not only to the examiners but to examinees."