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May 2017 
News from the Office of Court Administration
Judge Julie Kocurek Judicial and Courthouse Security Act Signed into Law



On May 27, Governor Greg Abbott signed Senate Bill 42, which increases security for judges by expanding security reporting requirements and creating a judicial security division, among other measures. The bill is named in honor of state District Judge Julie Kocurek, who survived an attempted assassination outside her home in 2015. Judge Kocurek and her family attended today's signing by the Governor.

Senate Bill 42 provides the following changes to judicial security:
  • Expands security incident reporting requirements for court buildings.
  • Requires the Office of Court Administration to create a judicial security division to serve as a central resource for security best practices.
  • Requires presiding municipal and administrative judges to create a court security committee for all courts served by that judge.
  • Requires court security officers to receive specialized court security training in their first year.
  • Allows law enforcement, at their discretion, to provide personal security to a state judge who has been threatened or attacked.
  • Further restricts release of personal information of current and former judges, and tasks the Office of Court Administration with ensuring compliance
This law will go into effect September 1, 2017.
Governor Signs Law Providing Confidentiality of Property Records for Judicial Employees

On May 27, Gov. Abbott signed into law SB 510, which adds current and former employees of a state or federal judge to the list of people who can have their home address information removed from the appraisal records of the tax appraisal district. State judge is broadly defined in the section to include all judges in the state. SB 510 is effective immediately.
 
The State Comptroller of Public Accounts (SPCA) prescribes the form on which these confidentiality requests may be made (Property Tax Forms > Other Forms). Copies of the form 50-284 are available on the Comptroller's website or from your local appraisal district's website.
Legislative Update

140 days went by fast as the 85th Legislative Session concluded on May 29th. Hundreds of bills were passed that will have an impact on the Judicial Branch. Look for the Judicial Council/Office of Court Administration Legislative Update to be released at the end of June. Below is a short list of legislation that was passed, signed by the Governor and is effective immediately that impact the courts:
  • HB 431 - authorizing the appointment of temporary justices of the peace - eff. 5/29
  • HB 1103 - requiring exclusion of names on the suspense list in a jury wheel - eff. 5/29
  • HB 2927 - authorizing associate judges appointed under Chapter 201, Family Code, to render and sign final order without a signature of the referring court if the parties sign a written waiver prior to the beginning of the hearing before the AJ; authorizing AJ signature to be final if a party does not request a de novo review; ensuring that orders signed prior to May 1, 2017, with a waiver of de novo hearing are deemed final orders - eff. 5/29
  • HB 3237 - providing that search warrant affidavits become public when the search warrant is executed; requiring officers to return the search warrant within 3 days after executing the search warrant - eff. 5/26
  • SB 44 - reinstituting the requirement for petition signatures for judicial candidates to get on the ballot in certain populous counties - eff. 5/23
New Forms for Petitions and Orders of Nondisclosure Are Available Online

In 2015, the Texas Legislature significantly changed the nondisclosure statute. The new statute applies to offenses occurring on or after September 1, 2015. For offenses occurring before September 2015, regardless of when the petition is filed, the old law still applies.

Before the changes in the nondisclosure law, there was one petition form, one order form, and one set of instructions used in all nondisclosure cases. Now, there are multiple petitions, orders, and sets of instructions, and a petitioner must decide which petition, order, and set of instructions, if any, apply to him or her. The Office of Court Administration has published a nondisclosure overview to help petitioners navigate the various types of nondisclosure and forms. The overview takes the petitioner through a step-by-step process to determine if he or she is eligible for an order of nondisclosure, and if so, to identify which forms and set of instructions to use. You may access the nondisclosure overview and other forms available on the website for the Texas Judicial Branch under Rules & Forms. These forms are required to be posted on district and county clerk websites.
Supreme Court creates Landlord-Tenant Forms Task Force

Earlier this month, the Supreme Court of Texas created the Landlord-Tenant Forms Task Force pursuant to Senate Bill 478, passed in the 2015 legislative session, which required the Supreme Court to make certain forms for use in landlord-tenant matters available. The order creating the task force names the members of the committee and names Judge Carlos Villa (County Court at Law No. 5, El Paso County) as the chair of the task force. Justice Jeffrey Brown is named the Supreme Court's liaison to the task force, and the order requires a status report to the Court by December 1, 2018.
Upcoming Judicial Committee on Information Technology Meeting

The next meeting of the Judicial Committee on Information Technology has been moved to August 11th, 2017. The committee is expected to decide on the next version of the technology standards that governs the eFiling system.
Update on Criminal eFiling

More than 88 counties are configured and ready for criminal eFiling production. Those 88 counties range in size and level of integration with the eFiling system. Tyler Technologies is working with several counties to host educational events for the local defense bar to allow lawyers who may not have eFiled to learn how to eFile. The first criminal mandate for the ten most populous counties goes into place on July 1st. 
Update on Re:SearchTX

OCA continues to work with Tyler Technologies and a group of clerks that have volunteered to be pilot clerks. These clerks will be beta testing functions to allow attorneys of record to view documents that have been eFiled in their cases. Tyler is working with counties of varying size and case management implementations. Depending on those tests and how counties integrate with re:SearchTX, functionality for clerks and attorneys of record could be available as early as fall 2017.
Research & Court Services Spotlight: Juvenile Justice

The following resources may help you address juvenile justice issues.

The Juvenile Justice Handbook provides an overview of the modern juvenile justice system in Texas. Part I introduces the juvenile system, starting with the state and local agencies and officials who implement the law. Parts II and III describe the system from the point when a child is first reported to law enforcement authorities, through intake, adjudication, disposition and imposition of the court's order. Part IV describes a chapter in the Family Code titled Rights and Responsibilities of Parents and Other Eligible Persons, and Part V reviews the types of cases involving children that are handled by justice and municipal courts.

Advances in medical technology and the social sciences have given us a better understanding of adolescent brain development. During adolescence areas of the brain associated with decision-making develop at different rates.  This impacts a youth's ability to process information and the behavioral choices they make.  Environmental influences from parents, peers and social systems also contribute to a youth's current and future functioning. These aspects of brain development highlight the need for juvenile justice professionals to consider the impact of interventions and programs that are used with youth in the justice setting.  This lecture by Dr. Pat Levitt form the Keck School of Medicine of University of Southern California, explores these issues. 

This report provides a look at arrests, jail bookings, and case outcomes among 17-year-olds in Texas from 2012 to 2015. The data show that 17-year-olds are much like their 16-year-old peers when it comes to offense patterns. Most of the crimes for which they are arrested for are low-level misdemeanors, dispelling concerns that raising the age would pose a significant threat to public safety. In fact, the higher decrease in arrest rates for 16-year-olds suggests that their 17-year-old peers will benefit from the more rehabilitative focus of the juvenile system, enhancing the odds that raising the age will lead to a greater reduction in crime.
Source: Texas Appleseed

The Racial and Ethnic Disparities Reduction Practice Manual (RED Practice Manual) is a tool for public officials, agency administrators, community leaders, parents, and other advocates for children who are working to create more equitable and effective juvenile justice systems. The RED Practice Manual provides practitioners with concrete guidance and strategies, downloadable tools and resources, and examples of successful reform work in jurisdictions throughout the country.

This resource was created by mental health clinicians, juvenile justice professionals, researchers, and family members, to help programs who work with justice-involved youth better understand the steps they can take to recognize and respond to the trauma-related needs of youth, family members, and staff.

Each year, more than 2 million children, youth, and young adults formally come into contact with the juvenile justice system, while millions more are at risk of involvement with the system. Of those children, youth, and young adults, a large number (65-70 percent) have at least one diagnosable mental health need, and 20-25 percent have serious emotional issues. This brief highlights the benefits of adopting screening and assessment tools for both mental health problems and risk of reoffending among many youth populations.
Source: John D. and Catherine T. MacArthur Foundation:  Models for Change - Systems Reform in Juvenile Justice
 
For additional information on this topic or to discuss how OCA can help you with issues related to juvenile justice, please contact OCA's Scott Griffith, Director of Research and Court Services, or Amanda Stites, Court Services Manager at (512) 463-1625.
Attorney General Opinion on Authority over Specialty Court Staff

Government Code Chapter 124 authorizes a county commissioners court to establish a veterans treatment court program. On November 13, 2016, Bexar County Attorney, Honorable Nicholas "Nico" LaHood, requested an opinion from the Office of Attorney General (OAG) [RQ-0139-KP] to determine whether a county commissioners court's authority to establish a veterans treatment court program also authorizes a county commissioners court to direct and control the administrative details of the program, including the hiring and supervision of grant-funded personnel.

The OAG opinion [KP-0146] noted not only is Chapter 124 silent to employment of veterans treatment court program staff, neither does it specify the authority or duties of a county commissioners court beyond its authority to establish a veterans treatment court program. Upon review of existing statutes and case law, the OAG concluded that Chapter 124 authorizes a veterans treatment court judge, through the court's general and inherent authority, to select staff to assist the veterans treatment court not the county commissioners court.
Judicial Appointments

Supreme Court of Texas Chief Justice Nathan L. Hecht has reappointed Justice William Boyce, Presiding Judge Kelly Moore, and Justice of the Peach Valencia Nash to the Texas Judicial Council. Justice Hecht also appointed Judge Vivian Torres and Presiding Judge Edward Spillane, III as new members to the Council. All are appointed for terms set to expire February 1, 2021.
Resources
Personal Security for Judges Webcast

The National Judicial College will be putting on a free webcast August 16.

Managing High Profile Cases

The Conference of Court Public Information Officers (CCPIO) in conjunction with the National Judicial College, National Center for State Courts and the State Justice Institute have developed a new website  to assist trial judges and court staff in planning for and managing high-profile cases. Despite the variety of circumstances that have pushed cases into the national spotlight, some techniques have proven useful and have become routine practice in high-profile cases. This resource provides valuable tools for managing high-profile cases.
National Group Releases "Courts Disrupted" Resource Bulletin

This month, the national Joint Technology Committee released "Courts Disrupted," which focuses on how technology and innovation have the potential to disrupt the business of the court community. The paper provides several specific examples of disruption likely to occur and suggests how courts should prepare and respond to the potential disruption. 

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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