JOURNAL Atascosa County Courthouse

Transcription

JOURNAL
TEXAS ASSOCIATION FOR COURT ADMINISTRATION
PROFESSIONALS MANAGING TEXAS COURTS
Volume 34 Number 2, April 2009
Atascosa County Courthouse
Jourdanton, Texas
www.texascourthouses.com
TACA Journal-April 2009 V2.indd 1
4/13/2009 10:21:40 AM
TEXAS ASSOCIATION FOR COURT ADMINISTRATION
JUDICIAL ADVISORY BOARD MEMBERS 2008 - 2009
HON. CATHY COCHRAN
Judge, Court of
Criminal Appeals
P.O. Box 12308
Austin, Texas 78711
HON. DEAN RUCKER
Presiding Judge,
7th Administrative Region
318th District Court
200 West Wall, Suite 200
Midland, Texas 79701-4557
HON. LAURA WEISER
County Court at Law #1
115 N. Bridges, Room #203
Victoria, Texas 77901
HON. MARK ATKINSON
Judge, County Criminal
Court at Law #13
Harris County
Criminal Justice Center
1201 Franklin, 7th Floor
Houston, Texas 77002
HON. DAVID D. GARCIA
Judge, County Criminal Court #3
1450 E. McKinney, Ste. #4416
Denton, Texas 76209
CHIEF JUSTICE
BRIAN QUINN
7th Court of Appeals
501 S. Fillmore, Ste. 2-A
Amarillo, Texas 79101
HON. BARBARA WALTHER
Judge, 51st District Court
112 West Beauregard
San Angelo, Texas 76903
JUSTICE DON WILLETT
Supreme Court of Texas
P.O. Box 12248
Austin, Texas 78711-2248
CONTENTS
From the Chair.....................................................................................................................................................................................................................1
TACA Presents The 31ST Annual Education Conference..........................................................................................................................2
TACA 31ST Annual Education Conference Tentative Agenda................................................................................................................3
Conference Registration................................................................................................................................................................................................4
2007 Professional Development Program - A Wonderful Experience.............................................................................................5
Scholarship Program.......................................................................................................................................................................................................6
TACA Scholarship Application...................................................................................................................................................................................7
The Justice Charles W. Barrow Award Nomination Form.......................................................................................................................7
2007 Nominations Committe Report....................................................................................................................................................................8
TACA Board of Directors Nominee - Kristy Smith........................................................................................................................................9
Proxy Ballot...........................................................................................................................................................................................................................9
Court Community Communication......................................................................................................................................................................10
Texas Judical Report......................................................................................................................................................................................................14
Meet the Judge - Carlos Cortez.............................................................................................................................................................................17
Meet the Judge - Judge Jean Hughes...............................................................................................................................................................18
Technology’s Impact on Criminal Justice.........................................................................................................................................................19
Two County Programs Win National Awards.............................................................................................................................................. 20
Constitution and By-Laws.........................................................................................................................................................................................21
Office of Court Administration Offers Assistance for Improving Efficiency of Court Operations............................... 26
T EXAS A SSOCIATION
FOR
1 C OURT A DMINISTRATION
4/13/2009 10:21:41 AM
FROM THE CHAIR
Dear TACA Members:
It seems that the year is flying by at breakneck speed.
The Board and committees are working feverishly to prepare
for this year’s conference. Their dedication is
inspiring. While preparing for the conference,
many of them will also be teaching at PDP in
June and running their courts in the meantime.
I can’t help but be proud to be associated with
professionals like these.
Along with all the other preparations, Bob
Wessels and Ed Wells, in conjunction with the
Texas Center for the Judiciary, have been busy
working on bringing the Court Management
Program (CMP) to Texas. This is a remarkable
and unprecedented opportunity for Texas court administrators.
Should this come to fruition, we will have an unequaled
opportunity to advance our profession in the State of Texas.
Hopefully we will have more news available soon on this
exceptional prospect.
On a different note, it is through the efforts of the Board
and committees that TACA continues to promote the profession
of court administration. However, it is unrealistic to leave the
administration of our Association to those who always seem to
be out in front. It takes all the members, working in concert,
to maintain the level of professionalism and innovation for
which TACA has come to be known. We cannot always rely on
the same people to be there in perpetuity. It is
through the involvement of members willing to
step forward and shoulder the responsibility of
participating in the board or a committee that
makes TACA work. Step up. Run for the Board
or join a committee. This Association belongs to
all of us, not just a select few of us.
I will get to see many of you in June at PDP;
the rest I will see at our conference in November.
Until then, please remember that we on the Board,
along with the various committee members, are
working toward another great conference and another banner
year. Until then - take care, be safe, and remember, “Texas is
neither southern nor western. Texas is Texas”.
Randy Walker
TACA Chair
Board of Directors
RANDY WALKER - CHAIR
Court Coordinator
County Criminal Court #8
401 West Belknap
Fort Worth, TX 76196
office: 817-884-3403
fax: 817-884-3336
e-mail: [email protected]
DANA COTHERMAN
Court Coordinator
County Court at Law
100 East Third Street, Suite 107
Sweetwater, TX 79556
office: 325-235-2353
fax: 325-236-8098
KRISTY SMITH – PAST CHAIR/
SECRETARY
Court Coordinator
401 West Belknap
office: 817-884-3423
fax: 817-212-3040
MONICA GRACIA
Court Coordinator
600 59th Street, Suite 2304
Galveston, TX 77551
office: 409-766-2233
SYLVIA BUITRON
Court Administrator
341st District Court
P.O. Box 1598
Laredo, TX 78042-1598
office: 956-523-4329
fax: 956-523-5055
CHRISTIE LOVELESS
Court Coordinator
Tarrant County
200 East Weatherford Street
office: 817-884-2899
fax: 817/884-3360
T EXAS A SSOCIATION
FOR
ED WELLS (Ex-Officio) –
TREASURER
Assistant Court Manager
Harris County Criminal Courts at Law
Houston, TX 77002
office: 713-755-5394
BOB WESSELS (Ex-Officio) - PDP
Court Manager
Harris County Criminal Courts at Law
Houston, TX 77002
office: 713-755-5394
fax: 713-755-8931
4/13/2009 10:21:41 AM
TACA’s Board at Work
By Dana Cotherman
On December 11th - 13th, the Board of Directors met at
Bob Wessels addressed the Board with information on the
Sam Houston State University in Huntsville for the Annual
ICM program. This is one of those educational opportunities
Action Plan and Curriculum Planning Meetings. After battling
I referred to earlier in this article that our bank balance enables
weather and travel mishaps, everyone finally arrived safely and
TACA, in conjunction with the Texas Center for the Judiciary,
we got right to business.
to offer. Bob has been in discussions with the Texas Center
The Board had many topics on the agenda, but began
about the program, and it has been proposed that the ICM
by going over the operating and conference budget with our
program could be completed in one year. At this time, however,
treasurer, Ed Wells. You will be glad to hear, as we were, that
further discussions are scheduled with the Texas Center to
TACA finances are in great shape. Thus far, we have managed
work out the final details. Our thanks go out to Bob Wessels
to operate and provide
for his involvement and
quality conferences to you
diligence in bringing this
while staying within the
opportunity to TACA.
budget and maintaining
During
the
a bank balance. Having
Curriculum
Planning
this bank balance is
Meeting, the Board
integral to providing
members went over the
further
educational
conference evaluations
opportunities to you.
you provided us in
The
Scholarship
October. The Board
Committee did a terrific
always refers to these
job again this year by
evaluations
when
providing some really
planning an education
awesome raffle prizes.
conference. Your input
They raised $4,000.00!
is very important to
Consequently, the Board
us and helps us to
approved unanimously to
Left to Right: Christie Loveless, Dana Cotherman, provide the information
offer four (4) Goodwill
you’re looking for at
Ed Wells, Monica Gracia, Randy Walker,
Scholarships in 2009. We
the next conference.
Sylvia Buitron, Kristy Smith
are in hopes that you will
After reviewing your
take advantage of this
comments, the Board
opportunity and encourage you to get your application(s) for
discussed what topics to present, settled on a schedule, and
scholarships submitted before the August 15th deadline! I’m
decided whom to invite to speak. The Board adjourned
sure you will join us in sending congratulations and many
pleased with our decisions and excited about our upcoming
thanks to the Scholarship Committee for a job well done!
conference.
The Board moved on to discuss some new opportunities
The 2009 Annual Education Conference is November
and changes in Membership for 2009. While looking over
10th – 13th and will be in Corpus Christi. Mark your calendars
budgeted items for the conference, it was apparent that
and get registered to attend because you won’t want to miss
food costs have risen significantly, and a budget adjustment
what we have lined up for you! See you in Corpus!
was needed to compensate. The Board adjusted the budget
accordingly, and in an effort to facilitate that, decided to
Regular Membership
implement an increase in membership fees. This increase will
Fee
Increase July 1, 2009
go into effect the 1st of July. Further, in an effort to raise interest
There will be a small increase starting July 1, 2009. in Judicial Membership, as well as provide an opportunity for
Regular membership will be $75.00, Judicial and Associate
you to get signed up before the increase, we are now offering
memberships will remain at $35.00 and sustaining
a Membership Special. This special provides a discounted
membership remains at $200.00. combined fee for coordinator and judge teams that join/renew
If you would like to take advantage of a great special, renew
in TACA together. You can find all of this information and
yourself and your Judge prior to July 1, 2009, you pay the
more on the TACA website at www.mytaca.org. Check out
special price of only $75.00!
the News Updates.
T EXAS A SSOCIATION
FOR
4/13/2009 10:21:46 AM
TACA 33rd Annual Education Conference
“It Takes a Village”
Essential Components
Essential Components: A core competency tool for improving your court’s performance
Tentative Agenda
Tuesday, November 10, 2009
Registration
Welcome
PLENARY: New Work Habits, New Attitudes
Nancy Baird
Welcome Reception (open to all members)
Reception Welcoming New Members and 1st Time Attendees
Wednesday, November 11, 2009
PLENARY: Panel of Court Coordinators
8:30 – 10:00 a.m.
Dana Cotherman, Cynthia DeJean, Cheryl Lopez (Christie), Robert
Moderator: Hon. Laura Weiser
Magnon (Sylvia), Kristy Smith
10:00 – 10:15 a.m.
Break
10:15 – 11:45 a.m.
Workshops Round I (4 Workshops)
1. Improving Jury Services
TBD
2. E-filing & Paperless Systems
Amalia Rodriguez-Mendoza
3. Understanding Your TCDRS Retirement Plan
Amy Campbell
4. Probate
Hon. Steve King
11:45 a.m. – 1:30 p.m. Luncheon
Presentation of PDP Certificates & Introduction of Candidates
1:30 – 3:00 p.m.
Seminar (4 Sessions)
Hon. Sharen Wilson & Carol Alexander
1. Essential Components: Criminal
Hon. Daryl Coffey & Randy Walker
2. Essential Components: Civil
Hon. Jay Weatherby & Sylvia Noriega
3. Essential Components: General Jurisdiction/Rural
Hon. Laura Weiser & Monica Gracia
4. Essential Components: Family
Hon. Judith Wells & Cheryl Lopez
3:00 – 3:15 p.m.
Break
3:15 – 5:00 p.m.
Seminar (4 Sessions Continued)
Hon. Sharen Wilson & Carol Alexander
1. Essential Components: Criminal
Hon. Daryl Coffey & Randy Walker
2. Essential Components: Civil
Hon. Jay Weatherby & Sylvia Noriega
3. Essential Components: General Jurisdiction/Rural
Hon. Laura Weiser & Monica Gracia
4. Essential Components: Family
Hon. Judith Wells & Cheryl Lopez
Icebreaker at the Ice House
Thursday, November 12, 2009
8:30 – 10:00 a.m.
PLENARY : Who’s Pushing Your Buttons
Jack Harris
10:00 – 10:15 a.m.
Break
10:15 – 11:45 a.m.
PLENARY : Who’s Pushing Your Buttons (cont’d)
Jack Harris
11:45 a.m. – 1:00 p.m. Luncheon
Introduction of Board/Committees & Presentation of Awards
1:00 – 2:30 p.m.
PLENARY: Pro Se Litigants in the Courtroom
Hon. Marliea Lewis
2:30 – 2:45 p.m.
Break
2:45 – 4:15 p.m.
PLENARY : New Developments in Court Administration
Legislative Updates
Marshall Shelsy
Automated Registry
TBD
Indigent Defense
Jim Bethke
4:15 – 5:30 p.m.
TACA Business Meeting
Night on Your Own!
Friday, November 13, 2009
8:30 – 10:15 a.m.
PLENARY: Court Security
TBD
10:15 a.m. – 12:00 p.m. PLENARY: Ethics
Dave Murray
1:00 p.m.
3:00 – 3:15 p.m.
3:15 – 5:00 p.m.
5:30 – 7:30 p.m.
T EXAS A SSOCIATION
FOR
4/13/2009 10:21:47 AM
Institute for Court Management (ICM)
Court Management Program
The mission of the Institute for Court Management
(ICM) is to educate, inform, and support the management and
leadership of the state courts. ICM is dedicated to providing
the highest level of service and leadership to the state courts.
For those of us who strive to make their job a career – the
Court Management program may be for you.
Courts have an increased need for employees to acquire
knowledge and to develop their skills and abilities to assist
in meeting organizational goals and objectives. The National
Center for State Courts’ Institute for Court Management
invites you to consider the Court Management Program (CMP)
as a means of investing in your professional development and
advancing your career in court management.
The Court Management Program (CMP) addresses the
training needs of mid-level court managers. Phase I of the
national program courses are open to all. The Concluding
Seminar certification is only available to those who have
successfully completed the five core courses of the program.
Phase I and the Concluding Seminar are also offered through
state and local partnerships; however, the tuition and logistics
are contractual arrangements and may differ from those of
national program courses.
skills and abilities to achieve their professional goals as court
managers. Incorporating nationally recognized articles and
books on leadership, management and court issues, this
course will expand upon and integrate court management
competencies identified in the NACM Core Competencies.
Participants will build upon the Phase I foundational courses
and explore the roles and purposes of courts; deal with the
concepts of judicial independence and interdependence;
become familiar with various leadership and management
theories as they apply to courts; take time to recognize and
appreciate their own conceptual and interpersonal skills, as well
as those of others; develop new teambuilding techniques; and,
through interactive group work, understand the importance of
good communication as they move to higher levels of critical
thinking. The Concluding Seminar culminates in a formal
graduation ceremony and the awarding of CMP certificates.
For more information on the CMP or CEDP Program
-www.ncsconline.org
Phase I:
Conference Details
33rd Annual TACA Education Conference
“It Takes A Village”
Hotel Information
Phase I consists of five core courses:
Omni Bayfront Hotel
900 North Shoreline Boulevard
Corpus Christi, Texas 78401
(800) 843-6664
1. Court Performance Standards: CourTools
2. Fundamental Issues of Caseflow Management
Rate:
$85.00 single
Rate Cut Off:
10/23/09
Parking:
Complimentary
Check In:
3:00 p.m.
Check Out:
12:00 p.m.
3. Managing Court Financial Resources
$110.00 double
4. Managing Human Resources Managing Technology
Projects and Technology Resources
These foundation courses are identical to those of Phase I
of the Court Executive Development Program. For those who
are interested in developing leadership skills and pursuing a
more intensive learning experience, the CMP courses can be
used to meet part of the requirements for entry into the Court
Executive Development Program.
This weeklong course combines elements of leadership,
management techniques, and specific court issues in a program
that provides participants with the necessary knowledge,
Additional Information
Attire for the conference is business casual. Meeting rooms are often
cold, so please bring a jacket or sweater.
Smoking is permitted only in designated areas.
All electronic devices must be turned off during all meetings.
Concluding Seminar:
T EXAS A SSOCIATION
A complimentary shuttle will be available to and from the airport
FOR
Registration Fee Includes:
All Written Material
Morning & Afternoon Breaks
2 Lunches
Ice Breaker at the Ice House!
Wednesday Evening—it’s guaranteed to be a good time!
Register Online at www.mytaca.org
4/13/2009 10:21:48 AM
“It Takes A Village”
Registration Form
Last Name:
First Name:
Title:
Court:
First Time Attendee?
Address:
City:
State:
Zip:
Fax:
Telephone:
Email:
Name of Spouse/Guest (if attending):
Spouse/Guest Fee is $25.00 per luncheon attending
Please list any special needs (dietary or disability)
Method of Payment (check one)
Purchase Order: #
Check
I agree to the terms of the Refund & Cancellation Policy as described below:
Signature of Participant
Refund & Cancellation Policy
A. A full refund of fees paid will be authorized when a written request for cancellation of conference or program is
received by the TACA Secretariat at least 31 days prior to the scheduled start of the program.
B. A refund of 70% of the fees paid will be authorized when a written request for cancellation of conference or
program is received by the TACA Secretariat more than five days but less than 31 days prior to the scheduled
start of the program.
C. A refund of 30% of the fees paid will be authorized when a written request for cancellation of conference or
program is received by the TACA Secretariat less than 5 days prior to the scheduled start of the program.
D. No refund will be given for participants that do not attend the program and no advance notice of cancellation is
received.
E. Substitutions may be made for persons that are unable to attend. Advance notice is requested.
F. The TACA Board may make exceptions to the refund policy in the event of an emergency that prevents the
participant from attending as scheduled.
Send this form to: Texas Association for Court Administration * Correctional Management Institute of
Texas * Sam Houston State University * Huntsville, TX 77341 * Fax: (936) 294-1671
Early Registration
Before October 23,
2009
Member
$210
Non-Member $285
November 10 - 13, 2009
Omni Bayfront Hotel
Corpus Christi, Texas
Register Online at www.mytaca.org
T EXAS A SSOCIATION
FOR
Late Registration
After October 23,
2009
Member
$235
Non-Member $310
4/13/2009 10:21:48 AM
News from the Nominations Committee
By Kristy Smith, Nominations Chair
Happy Spring! I realize that it seems like forever until our conference in November;
however, we all know how time flies in this field of work. Last year, the Nominations
Committee was successful in meeting its goal for the year. We presented the membership
with three nominees for the Board of Directors. All three were voted in by acclamation to
complete our Board.
This leads us to November 2009. On our Board of Directors, there will be two open
positions. Sylvia Buitron and Dana Cotherman’s two year terms will be expiring. For those
members that are new to the organization, I would like to give you a brief overview of our
Board. The TACA Board of Directors consists of five members that serve a two year term,
and they shall not serve more than two consecutive terms. As a member of the Board of
Director’s, you commit to the following duties throughout the year:
The Board of Directors has four meetings a year. One immediately following the
Annual Conference, one during the Action Plan Meeting in December or January, one
during PDP in June and one prior to the Annual Conference. At times, we will meet in
September at the Judicial Conference.
In addition to the Board meetings, the Board has numerous conference calls throughout
the year to discuss various topics.
As a Board member, you are assigned to be the liaison for a designated committee
(Publications, Curriculum, Scholarship or Membership).
The Nominations Committee is responsible for searching for members that have
the desire to play a leadership role within the organization. In order to be considered
for the Board of Directors, the candidate must be a regular member in good standing of
the Association and have written consent from his/her supervising judge at the time that
candidacy is declared. Since there will not be another Journal publication prior to the July
1st deadline, this year’s Declaration of Candidacy is printed in this month’s edition of the
TACA Journal. It is also available online at www.mytaca.org.
Now is the time of year that the Nomination’s Committee begins its quest to identify
members that have a desire to step outside of their comfort zone and commit to do
something for the organization. For years, I used the excuse that I did not have the time to
devote to the organization. However, once I took the leap of faith I haven’t stopped.
This organization is such a vital part of the judiciary, and we are in need of fresh faces
and minds to continue our journey to success. I can promise that if you have any qualms
about what the position entails, feel free to call one of your current or past board members
and they will be able to point you in the right direction. The Nominations Committee is
also available to answer any questions that you have regarding the organization.
Remember that the deadline for submissions is July 1st! Thank you for your support.
2009 TACA Calendar at a Glance
June 14-18, 2009.........................Professional Development Program, Austin
July 1, 2009 ................................Declaration of Candidacy Due
July 1, 2009 ................................TACA Membership Fee Increases
July 7-11, 2009 ...........................NACM Annual Conference, Boston, MA
July 10, 2009...............................August Journal Deadline
August 15, 2009 . ........................Scholarship & Barrow Nomination Deadline
August 30 – Sept 2, 2009 ............Judicial Section Conference (TCJ), Grapevine
November 10 – 13, 2009.............TACA Conference, Omni Hotel Corpus Christi
December 6-9, 2009 ...................College for New Judges, Austin
December 8-11, 2009 .................TACA Action Plan/Curriculum Meeting, Huntsville
T EXAS A SSOCIATION
FOR
The following
vendors are
current
Sustaining
Members in TACA:
Advantage Interlock
James Hamner
946 Calle Amanecer #P
San Clemente, CA 92673
(800) DUI-6580
www.advantageinterlock.com
Amachi Texas
Darrin Jones
450 East John Carpenter Freeway
Irving, TX 75062
(972) 573-2385
www.amachi-texas.org
Smart Start
Dottie McDonald
4850 Plaza Drive
Irving, TX 75063
(800) 800-3394
www.smartstartinc.com
Thank you for your support of our Association!
12th Annual
RACA Conference
The 12th Annual Rural Association for
Court Administration Conference will
be held April 28th, 29th and 30th, in
Round Rock, Texas at the Wingate Inn
& Suites. Registration fees are $110
and hotel rates are $85/night. The
conference will offer a wide variety of
speakers and you will receive 17 hours
of Continuing Education. If you are
interested in attending please contact
any of the following people: Williamson
County Hostesses: Donna Connell,
(512) 943-1368, [email protected];
Brenda Wilburn, (512) 943-1226,
[email protected]; or Jimmie Kitchen,
Secretary/Treasurer (512) 393-7704,
[email protected]
you
are interested in becoming a member of
RACA, please contact: Jimmie Kitchen,
Secretary/Treasurer (512) 393-7704,
[email protected]; or Sylvia
Watts, President, (432) 688-4375,
[email protected].
4/13/2009 10:21:48 AM
TEXAS ASSOCIATION
TEXAS ASSOCIATION
FOR COURT ADMINISTRATION
FOR COURT ADMINISTRATION
Declaration ofDeclaration
Candidacy of
forCandidacy
Board of Directors
for Board of Directors
2009-2011 2009-2011
Name:
Name:
Title:
Title:
Phone:
Phone:
Court:
Court:
Address:
Address:
Phone:
Phone:
City/Zip:
City/Zip:
Fax:
Fax:
Email:
Email:
have been
a TACA member since:
I have been a TACAImember
since:
ALL CANDIDATESALL
MUST
CANDIDATES
HAVE SERVED
MUST
ONHAVE
AT LEAST
SERVED
ONEON
COMMITTEE.
AT LEAST ONE COMMITTEE.
ALL CANDIDATESALL
mustCANDIDATES
include the following
must include
information
the following
of a separate
information
piece ofof a separate piece of
paper and attach it to
paper
this Declaration
and attach itoftoCandidacy:
this Declaration of Candidacy:
•
•
•
•
•
•
•
Length of time as• a TACA
Lengthmember;
of time astype
a TACA
and length
member;
of service
type and
to TACA
length (e.g.
of service to TACA (e.g.
committee work) committee work)
Training and/or teaching
in the
field teaching
of court administration
• Training
and/or
in the field of court administration
Statewide and local
• service
Statewide and local service
Community service
• Community service
Briefly state your• court
Briefly
affiliated
state your
duties,
court
experience,
affiliatedand
duties,
qualifications
experience,for
and qualifications for
serving on the Boardserving
of Directors
on the Board of Directors
State why you would
• State
like to
why
serve
youon
would
the TACA
like to Board
serve on
of the
Directors.
TACA Board of Directors.
Do you have your• Judge’s
andJudge’s
approval
for theand
timeapproval
and
Do yousupport
have your
support
for the time and
commitment necessary
to serve asnecessary
a membertoofserve
the TACA
Board of the TACA Board of
commitment
as a member
Directors, if elected?Directors, if elected?
Nominee’s Signature_______________________________
Nominee’s Signature_______________________________
Date________________
Date________________
Judge’s Signature __________________________________
Judge’s Signature __________________________________
Date________________
Date________________
Mail completed formMail
to: completed
Kristy Smith,
formNominations
to:
KristyChair
Smith, Nominations Chair
County Criminal Court
County
#10 Criminal Court #10
401 W. Belknap Street401 W. Belknap Street
Fort Worth, Texas 76196
Fort Worth, Texas 76196
(817)884-3423 Fax: (817)884-3423
817-212-3040 Fax: 817-212-3040
Email: [email protected]
Email: [email protected]
Declarations of Candidacy
Declarations
must be
of postmarked
Candidacy must
by July
be postmarked
1, 2009.
by July 1, 2009.
T EXAS A SSOCIATION
FOR
C OURT A DMINISTRATION
4/13/2009 10:21:49 AM
Meet the Judge: Jerry Winfree
Montgomery County Court at Law #2
By Darlene B. Dodson, Court Coordinator/Administrator
Judge Jerry Winfree is one of the longest-serving judges in Montgomery County
having been on the bench for the past 25 years. Judge Winfree is a licensed Pharmacist
and received his Law Degree from the University of Houston in 1970. He was an Assistant
County Attorney for Harris County from 1970 - 1973 and worked as an Assistant County
Attorney for Montgomery County from 1973 - 1975. He served as an Assistant District
Attorney from 1975 - 1981 until he was elected to the bench in 1981.
He has had only one court reporter, Sandy Bourgeois, in the 25 years he has been on
the bench, and together they have handled approximately 75,000 cases. Judge Winfree’s
staff consists of a full-time Court Coordinator, a part-time Coordinator, a Court reporter
and three Probate Coordinators.
Judge Winfree presides over probate, guardianship, mental health, civil cases under
$100,000, and JP appeals. He serves on several judicial committees and has received
numerous awards for his community service throughout the years.
One funny story that Judge Winfree remembers is when he was impaneling a jury
and was listening to the panelists’ reasons for wanting to be dismissed. A woman in the
panel stood and said that she needed to go home because her favorite cow was getting
ready to birth her calf. Judge Winfree, growing up on a farm, allowed her to be excused.
Weeks later, Judge received a letter from the lady thanking him for allowing her to aid her
cow in the birthing process. She also wanted him to know that in honor of his kindness,
she named the calf, “Judge”.
A long-time resident of Conroe, Texas, he and his wife, Beverly, have two daughters
and one granddaughter. He is proud of the fact that he has taught his staff to play dominoes,
with his favorite game being ‘Texas 42’. Judge also stays physically fit by bicycling daily.
I enjoy working for Judge Winfree and consider this to be the best job I’ve ever had.
Nominations
Committee
2008 – 2009
Kristy Smith, Chair
Fort Worth, Texas
(817) 884-3423
[email protected]
Rural Court
Cathy Carson
Ozona, Texas
(325) 392-5225
[email protected]
Urban Court
Jerome Coleman
Probate Court
Denton, Texas
(940) 349-2140
Jerome.Coleman@
dentoncounty.com
General Jurisdiction Court
Virginia Rosas
Richmond, Texas
(281) 341-4446
[email protected]
Multi- County Court
Aurora Zamora
38th District Court
Uvalde, Texas
(830) 278-3913
[email protected]
County Court at Law
Marinda Stryker
County Court at Law No. 3
Lubbock, Texas
(806) 775-1309
[email protected]
T EXAS A SSOCIATION
FOR
4/13/2009 10:21:50 AM
Publications
Committee
2008 - 2009
Board Liaison:
Sylvia Buitron
Kristy L. Smith, Chair
County Crim. Court #10
Ft. Worth, Texas
(817) 884-3423
[email protected]
Sylvia Juarez, Vice-Chair
Lubbock, Texas
(806) 775-1027
[email protected]
Jennifer D. Bolton
Georgetown, Texas
(512) 943-3380
[email protected]
Darlene B. Dodson
Montgomery County Court at Law
No. 2
Conroe, Texas
(936) 539-7832
[email protected]
Nora Ontiveros
114 District Court
Tyler, Texas
(903) 590-1625
[email protected]
Eva Walla
Office of Court Administration
Austin, Texas
(512) 475-1777
[email protected]
Troy Ward
14th Court of Appeals
Houston, Texas
(713) 755-2890
Assistance of Judges or Judges’ Staff
Necessary in Implementation of New
Monthly Case Activity Report
Changes for District and CountyLevel Courts From the Office of Court
Administration
The monthly case activity reports
for the district and county-level courts,
which are submitted by the district
and county clerks to the state Office of
Court Administration (OCA), have been
changed to more accurately reflect the
work of those courts. The changes are
effective September 1, 2010.
For some items on the new reports,
the clerk may not have the required
information and will have to rely on the
judge or the judge’s staff to provide it.
Examples include the number of:
• Civil cases ordered to or returned
from arbitration or collaborative law
proceedings;
• Probate and mental health hearings
held;
• Regular status hearings held in drug
courts or family violence courts; and
• Release or transfer hearings held
(determinate sentence proceedings) in
juvenile cases.
The judges who worked on the multiyear project to review and recommend
changes to the monthly reports decided
to include these items because they were
considered critical to accurately reflect
court workload. These new items will
require collaboration between the clerks,
judges, court staff, and case management
software vendors or county information
technology staff to determine the best
methods to collect, compile, and report the
required information. If this information
is not provided to the clerks, they will
not be able to report it and show all the
work that a court is performing. The
arrangements and processes developed for
obtaining the information from the courts
will likely be unique in each county.
While September 1, 2010 may seem
far in the future, a project of this magnitude
requires the district and county clerks
to start working on the planning and
implementation of the reporting changes
T EXAS A SSOCIATION
FOR
now. The clerks will need the assistance
of the judges and their staff in developing
processes and procedures to capture the
required information that they do not
currently have.
In May 2008, the Texas Judicial
Council, the policymaking body for
the judiciary, approved the changes to
the monthly case activity reports and
instructions, and adopted new reporting
rules (Sections 171.1 through 171.6 of
Title I of the Texas Administrative Code)
for the district and county-level courts.
The changes to the reporting forms will:
•Provide more detailed, useful information
about court workload and activity, particularly in family law, juvenile and
probate cases, where little information is currently collected and the information
that is collected is of limited usefulness;
• Allow
policymakers
and
other
interested parties to track important,
growing caseloads in child
protection, guardianship and mental
health cases, which require longterm court involvement and satisfaction
of statutorily-mandated timelines; and
• Provide a more accurate picture of a
court’s pending caseload by indicating
how many cases are “active” cases (i.e.,
cases under the court’s control) versus “inactive” cases (i.e., cases not under
the court’s control, such as a criminal
case where a defendant has absconded
and a warrant has been issued for a
defendant’s arrest, or a civil case in
which one of the parties has filed for
bankruptcy and the case is subject to an
automatic stay). This enables a court to
measure the age of its pending caseload
more accurately and to determine
meaningful case-processing times.
The new reporting forms and instructions
and further information about them are
posted on the OCA website at: http://
www.courts.state.tx.us/oca/required.asp.
10 C O U R T A D M I N I S T R A T I O N
4/13/2009 10:21:50 AM
Update from
the Membership
Committee
By Jerome Coleman,
Membership
Committee Chair
Hello Everyone:
I hope your New Year is off to a raving
start. Believe it or not, Corpus Christi is
only 7 months away. My, how time flies
when you are having fun. As a reminder
to everyone, there are still a few months
left to take advantage of membership fees
before the increase in July. It is the perfect
time to sign up or renew along with your
Judge at a great rate. Also, don’t forget
about the recruitment contest. The person
that recruits the most members prior to
the deadline will be the lucky winner of a
crisp $100.00 bill in Corpus.
I would like to ask everyone for a
little feedback to this question. How
would you all feel about a small section in
each edition of the TACA Journal called
“MEMBERS’ CORNER”? It would
be like an update of what some of our
members have been doing or achieved,
i.e., Jane Doe of Smith Count went to
London, Joe Smith of Cooke County
welcomes a new daughter, Jack Doe
of Tom County won the national line
dance competition, etc. Please feel free to
email me with your thoughts, concerns
or comments. If I get a lot of positive
feedback, I will pass the suggestion on to
Kristy Smith and ask her to present it to
the Board for approval. In closing, the Membership
Committee would like to welcome the
following new members this year:
Toni Bingham – Grayson County
Scholarship Committee
2008 - 2009
Board Liaison: Christie Loveless
Marinda Stryker, Chair
Lubbock. Texas
(806) 775-1309
[email protected]
Jerome L. Coleman
Probate Court
Denton, Texas
(940) 349-2140
[email protected]
Denise Spalding,
Vice Chair
Denton, Texas
(940) 349-2320
Denise.spalding@
dentoncounty.com
Sylvia Juarez
Lubbock, Texas
(806) 775-1027
[email protected]
Estella Alegria-Garza
County Court at Law
Kingsville, Texas
(361) 595-8565
[email protected]
Sylvia Buitron
Laredo, Texas
(956) 523-4329
[email protected]
Nellie Celedon
Austin, Texas
(512) 854-9241
[email protected]
Chris Chavez
Tarrant County
Fort Worth, Texas
(817) 884-1614
cchavezmedina@
tarrantcounty.com
Honorable Michael Chitty – Kaufman County
Jan Lewis
84th District Court
Stinnett, Texas
(806) 878-4022
[email protected]
Liz Rodriguez
Lubbock, Texas
[email protected]
Gwenda Thompson
169th Judicial District Court
Belton, Texas
(254) 933-5265
[email protected]
Twyla Weatherford
302nd District Court
Dallas, Texas
(214) 653-6189
[email protected]
Debra Worley
Civil Court at Law #4
Houston, Texas
(713) 368-6686
[email protected]
Honorable Doug Robison –
Denton County
Margie Hannah – El Paso County
Susie Schubert – Waller County
Donna Mathis – Montgomery County
Aurora Molina – El Paso County
Honorable Kathleen Anderson –
El Paso County
Kari Perkins – Wood County
Honorable Rick Morris – Bell County
Honorable Jean Boyd – Tarrant County
Susie Ojeda – Travis County
Jose Gandara – El Paso County
Carol Pelzel – Denton County
Elvira Gonzalez – Cameron County
Cindy Davis – Potter County
Honorable Lupe Flores – Jefferson County
Honorable Gary Harger – Nolan County
T EXAS A SSOCIATION
FOR
Honorable Mike Herrera – El Paso County
Letha Willis – Freestone County
Remember TACA is your organization and,
“Together We Can Make It Work.”
[email protected]
4/13/2009 10:21:51 AM
Membership Options
T A C A
M E M B E R S H I P
A P P L I C A T I O N
Apply for the Membership Special
(1 Regular Membership & 1 Judicial Membership for only $75.00)
Name:
Court:
Address:
State:
City:
Zip:
Title:
Fax:
Telephone:
Email:
Referred By:
I wish to apply for:
OR (check one):
Membership Special ($75)
Regular Membership ($50)
(Includes 1 Regular Membership &
1 Judicial Membership)
Judge’s Name:
Associate Membership ($35)
Judicial Membership ($35)
Sustaining Membership ($200)
I understand that the category of membership is subject to the by-laws of the Association.
______________________________________
Applicant’s Signature
______________________________________
Judge’s Signature (if applicable)
Make check payable to TACA
Return form and payment to:
Texas Association for Court Administration
Correctional Management Institute of Texas
George J. Beto Criminal Justice Center
Sam Houston State University
Huntsville, TX 77341-2296
Phone: (936) 294-1639
T EXAS A SSOCIATION
Regular Membership
Any person whose primary duty is
to work in the administration of the
courts and who is a direct employee
of the judiciary, including, but not
limited to court coordinators, court
managers, court administrators,
assistant court coordinators, court
bailiffs and court secretaries, shall
be entitled to regular membership.
Regular members in good standing
shall be certified to vote, hold
office and serve on committees.
FOR
Associate Membership
A person engaged in a related field
may become an associate member. An associate member may serve on
committees, but may not vote or
hold office in the association.
Judicial Membership
TACA encourages members of the
judiciary to become members of the
association. A judicial member may
serve on committees, but may not
vote or hold office in the association.
Sustaining Membership
A person, persons, firm or
corporation interested in furthering
the purpose of this organization is
eligible to become a sustaining
member. Sustaining members
shall not hold office, and shall not
serve on committees. Minimum
contribution
recommended
$200.00.
4/13/2009 10:21:51 AM
Scholarships Available
Have you wanted to attend a training related to court administration, but didn’t have the funds?
Do you want to be more effective at work, but don’t have the money to attend a development program?
Do you want to contribute to TACA, while getting the opportunity and funds to attending training too?
YOU NEED TO APPLY FOR A TACA SCHOLARSHIP!
TACA has 6 different types of scholarships available, which
allow you to:
•
Attend an ICM, NACM, JMI or similar workshop
•
Attend Phase Three and Phase Four of the Court
Executive Development Program
•
Attend Phase Two of ICM’s Court Executive
Development Program
•
Attend the TACA Annual Education Conference
To apply for or to get more information on TACA’s
scholarships, visit the website:
www.mytaca.org
Application deadline for scholarship is
August 15, 2009
Note: Policies and Procedures for application requirements
and funds distribution have changed. Please review the
scholarship application for more information.
Judge Paul Ferguson Scholarship
The Judge Paul Ferguson Scholarship is $750.00, and it shall be used for any ICM, NACM, JMI or similar workshop
approved by the Board.
Jack Dillard Scholarship
The Jack Dillard Scholarship is $750.00, and it shall be used for any ICM, NACM, JMI or similar workshop approved
by the Board.
Judge Larry J. Gist Scholarship
The Judge Larry J. Gist Scholarship is an award of $1,500.00, to be used solely for the purpose of attending Phase Three and
Phase Four of the Court Executive Development Program.
Chief Justice Scholarship
The Chief Justice Scholarship is a $2,000.00 award to be used solely for Phase Two of ICM’s Court Executive
Development Program.
Founders Scholarship
Three scholarships in honor of founding members Martin Allen, Bob Wessels and longtime TACA supporter Trisha Hall were
established in 1996 to commemorate TACA’s 20th anniversary. Founders Scholarships shall be used to attend the TACA
Annual Education Conference. TACA will waive the conference registration fee. The TACA Treasurer will reimburse the
scholarship recipient for travel, meals and lodging associated with the conference according to the Travel Policy up to an
amount not to exceed $750.
Goodwill Scholarship
In 2004, TACA members began a fund-raising effort that now supports Goodwill Scholarships established to assist
members with the costs of attending the TACA Annual Education Conference. These scholarships are funded from monies
outside of the TACA budget and are available based on fund-raising from year to year. Goodwill Scholarships shall be used to
attend the TACA Annual Education Conference. TACA will waive the conference registration fee. The TACA Treasurer will
reimburse the scholarship recipient for travel, meals and lodging associated with the conference according to the Travel Policy
up to an amount not to exceed $750.
T EXAS A SSOCIATION
FOR
4/13/2009 10:21:52 AM
THE JUSTICE CHARLES W. BARROW AWARD
NOMINATION FORM
This award was established in honor of the Honorable Charles W. Barrow, Senior Judge, Bexar County, who served as Justice on the Supreme Court of Texas 1977 ‐ 1984. He also served as Chief Justice of the Fourth Court of Appeals, 1962 ‐ 1977; and as Judge of the 45th District Court, 1959 ‐ 1962. Justice Barrow is one of TACA’s biggest supporters since its inception and has lent support, advice and credibility to the association. The award recognizes one “for his/her extraordinary contributions in promoting court administration in Texas.” This award has no monetary value. However, it is considered one of the highest coveted awards given annually to a TACA member, in that it recognizes the “high standards of excellence” exhibited in all endeavors of the recipient. Those wishing to nominate someone for this award should submit not only the nominee’s name and current position but also, set out the contributions made in court administration and the reasons this individual merits recognition. Eligibility and Criteria
Any TACA member, in good standing, who has contributed significantly in promoting Court Administration and met the following criteria: • Nominee must have provided outstanding assistance to the overall Court Administration effort; • Nominee must exhibit sustained dedication to Court Administration activities, generally; • Nominee should have participated actively in promoting Court Administration. A Narrative of the Nominee shall be attached with emphasis on eligibility, criteria and accomplishments. Narrative should be limited to two (2) pages. MEMBER NOMINATED: TITLE: ADDRESS: CITY/ZIP CODE: PHONE: Submit form to:
Mr. Bob Wessels
Court Manager, Criminal Courts at Law
Houston, Texas 77002
MEMBER MAKING NOMINATION: COURT & TITLE: ADDRESS: PHONE: E‐MAIL: DEADLINE FOR NOMINATIONS: AUGUST 15, 2009
T EXAS A SSOCIATION
FOR
4/13/2009 10:21:52 AM
What’s Going on with NACM?
By David Slayton, Urban Director
NACM Board of Directors
The National Association for Court Management (NACM) is
the premier national court management organization with over
2,000 members from all court jurisdictions in the United States,
as well as from Canada and other nations. NACM is dedicated
to the improvement of court management at all levels of courts
through the exchange of information and education.
In addition to the actual code, a NACM committee is
working on commentary meant to supplement the code. This
work may be completed soon and will be posted with the code
on the NACM website at www.nacmnet.org.
At the time of the writing of this article, the 2009 NACM
Mid-Year educational conference is in session. The conference
on the “Purposes and Responsibilities of Courts” has refocused
the over 150 attendees on why we do what we do in the court
world. If you did not get to attend, try to attend the NACM
Annual Educational Conference in Boston in July.
NACM continues to feel the effects of the national
economic conditions, as membership numbers fall. A recent
NACM survey showed that association memberships are likely
to experience declines as the economy continues to struggle.
Texas has much to be thankful for as courts across the country
have experienced significant reductions in funding that have
impacted their ability to carry out their basic functions.
Most Texas courts have not expereienced the levels of cuts as
our national counterparts. We can only hope the economic
conditions do not begin to affect our courts.
The good news is that Texas membership in NACM
continues to hold steady. In fact, as of the writing of this article,
Texas stands second in the number of members from any one
state following California. This is a signficant improvement,
of which we should all be proud.
For those of you who are already members of NACM, you
recently noticed that the Court Communique was converted
to an electronic publication and the name changed to Court
Express. The purpose of this change is to allow the publication
to become more timely and relevant, while allowing for delivery using email. If you saw the new newsletter, I am sure you
would agree that it was a signficant improvement.
The Court Manager, NACM’s quarterly magazine, will
continue in its current format.
Announcing Court Express
Getting Involved
NACM has various committees that could always use
your help. The permanent and standing committees generally meet at least quarterly by phone conference, with most
of them meeting monthly. The committees provide you an
opportunity to get as involved as you would like.
In addition, NACM has recently started a Facebook,
LinkedIn, and Wikipedia page. I encourage you to look at
those and join them.
Future Conferences
NACM Model
Code of Conduct for
Court Employees
In 2007, the NACM Board of Directors approved the
NACM Model Code of Conduct for Court Employees. As
most of you are aware, Texas and many other states do not have
codes of conduct specific to court employees. The model code
was an attempt to provide this for courts across the country.
It is meant to be adopted as is or to be modified to meet local
needs. The Model Code contains the following four canons:
Canon 1: Avoiding Impropriety and the Appearance of
Impropriety in all Activities
Canon 2: Performing the Duties of Position Impartially
and Diligently
Canon 3: Conducting Outside Activities to Minimize the
Risk of Conflict with Official Position
Canon 4: Refraining from Inappropriate Political
Activity
T EXAS A SSOCIATION
FOR
Just for future planning purposes, below is a list of other
upcoming conferences, their locations and topics:
As you can see, there is a lot going on with NACM. If
you’re not a member, we need you. Please visit the NACM
website at www.nacmnet.org where you can join or learn more
about the association. As always, if you want to visit with me
personally, please feel free to email me at [email protected].
tx.us or call me at 806-775-1020.
Conference
Date/
Location
Topic
2009 Annual
Boston, MA
July 7-11, 2009
The Human Side of Court
Management
2010 Mid-Year
Colorado Springs, CO
Jan 30-Feb 2, 2010
Court Space, Security & Emergency
Planning
2010 Annual
New Orleans, LA July
20-24, 2010
Wisdom in Action: Proven Court Practices
4/13/2009 10:21:52 AM
A Question of Ethics: Just Do Your Job!
By Peter Kiefer & Karl Thoennes
Originally printed in the Spring 2008 -NACM Court Manager
At first blush the admonition against giving legal advice
carried in most ethics codes seems clear enough. Article II of the
NACM Code of Conduct states, “Members shall not give legal
advice unless specifically required to do so as part of their official
position.” The American Judicature Society’s Model Code of
Conduct for Non–Judicial Employees states, “Court employees
are not precluded from responding to inquiries concerning
court procedures, but a court employee shall not give legal advice.
Standard court procedures, such as the method for filing an
appeal or starting a small claims action, should be summarized in
writing and made available to litigants.” [emphasis added]
The codes, however, open questions concerning employees’
official duties, if giving legal advice ensures judicial officers work
more effectively. Can court staff give legal advice if it both helps
the requesting party, and benefits the judge’s efficiency?
Sam returns to Judge Harris to share his concerns. His honor,
becoming irritated, forcefully repeats his initial directive that he
will not tolerate incomplete or incorrect forms, or applicants who
obviously do not qualify for an order. Staff can clearly determine
eligibility when applicants are completing the forms. “Sam” the
Judge says, “making sure I don’t have to deal with these people, is
your job. Do your job!”
Exasperated, Sam instructs staff to send applicants who
cannot understand the directions, or who are clearly ineligible,
to Sam personally. He will counsel them, complete the forms
himself (if necessary), or require them to leave because they do not
qualify for an order. Basically he does whatever it takes to ensure
Judge Harris only sees the right applicants. Situations arise about
once a week, and Sam successfully manages the most difficult
applicants. Judge Harris is happy and Court Administrator Bob
remains oblivious.
The Scenario
Respondents
Sam has supervised the Family Court Department in a large
metropolitan court for years and is quite knowledgeable about
court procedures. As he is not an attorney, he has been trained in
not giving legal advice to the public, and he has properly trained
his staff. Even Sam acknowledges however, that when it comes
to giving instructions on how to complete orders of protection,
the admonitions against giving legal advice are particularly
daunting.
Court forms are written in legalese. Abused applicants often
do not understand the questions and have no patience to work
through legal subtleties. For example, the law requires parties to
distinguish between married couples, singles living together, the
elderly living with family members, or the elderly cared for by
professional care givers under the direction of a conservator.
Judge Harris is annoyed with applicants coming to his
court with incomplete or incorrect paperwork; he has repeatedly
directed staff not to allow such people into his courtroom. He
wants to see only applicants with correctly completed paperwork
and with a legitimate request for an order. Sam stoically trains
staff to give directions (applicable to all applicants), that comply
with the spirit of the judge’s directive. Although it helps, staff
spend increasing amounts of time with a small contingent of
applicant who don’t fit the legal criteria and just won’t take “no”
for an answer. Some become belligerent demanding that, “If you
would just let me see the judge, I could get him to understand,
and he would sign the order.” Other applicants repeatedly ask,
“Okay, I’ve told you my situation; tell me which box I fill–in so
the judge will sign this order.”
Sam speaks with Court Administrator Bob (currently
distracted with budget negotiations) who isn’t really understanding
the problem. Hoping Sam will just go away, Bob advises that
staff can’t go wrong if they follow the judge’s order. “Your staff is
protected by judicial immunity if they follow the judge’s order.”
T EXAS A SSOCIATION
FOR
I’m happy to have Arnold G. Shott, Chief Magistrate for
the Magistrates’ Court for Tasmania, Australia; the Honorable
Gary Carlson, Taylor County Circuit Court Judge in Medford,
Wisconsin; and Mr. Mark Weinberg, Court Administrator for
the Seventh Judicial Circuit in Daytona Beach, Florida available
to respond to the questions about the scenario. I have also asked
John Greacen, President of Greacen and Associates to comment
on the column.
Questions
Did Sam violate the codes of conduct?
Arnold Shott started off noting that if Sam had been
employed by the Magistrates Court of Tasmania, he would
have breached at least two articles of the ‘Code of Ethics of the
Non–Judicial Officers.’ Article Five calls for staff to, “Uphold
the dignity of the Court and promote respect for the Court’s duty
to administer justice independently and impartially according to
law.” Article Six requires staff to, “Serve the public by providing
procedural assistance that is as helpful as possible without giving
legal advice.” Article Five specifically guards against giving legal
advice to one party, which potentially shows an appearance of
bias and, thereby, taints the entire judicial process.
Mark Weinberg prefaced his remarks by stating that
whenever asked to address this topic, his first reaction is to
refer to two articles by John M. Greacen: “Clerk’s Office Staff
Cannot Give Legal Advice – What Does That Mean?,” The
Court Manager, Winter 1995; and “Legal Information vs. Legal
Advice – Developments During the Last Five Years”, Judicature,
January–February 2001. “Despite what has occurred in this area
since their publication, I still consider these two articles as my ‘go
to’ sources on this topic.”
4/13/2009 10:21:53 AM
To the question, Mark thought most observers would see
Sam’s actions as probably violating both codes of conduct. “The
problem, however, is that there is no generally accepted definition
of what constitutes ‘legal advice’ and neither code defines the
term.”
Judge Carlson thought that if Sam follows the judge’s
directives explicitly, he will in some cases invariably, 1) give legal
advice, 2) violate both the NACM and AJS codes of conduct,
3) engage in the unlawful practice of law, 4) probably violate a
criminal code or two (depending on the jurisdiction), 5) and
be potentially criticized at a later time by Court Administrator
Bob and Judge Harris. “Of course, who’s to complain? Merely
directing people to the proper form or checking it over for
completeness (‘Ma’am, you forgot to fill in this blank at item
2(b)’) isn’t generally considered to fall within the range of giving
legal advice. But when questions of ‘what should I say in my
statement?’ or ‘do I have to tell the judge that I clobbered him
(or her) with a frying pan first?’, then things get a bit more dicey.
Sam is between a rock and a hard place.”
Do Judge Harris’ directives give Sam cover
to give legal advice?
Arnold thought Judge Harris should have refrained from
giving the directive he did no matter how well intentioned his
motives. “The Judge’s impatience with defective applications
cannot source a power to over–ride ethical duties that reside in
others. In Tasmania, judicial immunity provisions, which assist
to under–pin judicial independence, do not protect the Court’s
staff in the event of a breach of that duty.”
Mark saw a different perspective in that while many might
agree that Sam’s actions violated the ethics codes, an employer
would find it difficult to initiate a disciplinary action. “Whether
or not Sam is ‘ethically’ covered I think depends on Sam’s personal
perceptions of his actions. If he believed his actions constitute
‘giving legal advice’, then no, his actions are not ethical. He
knows he should not be giving legal advice. I think it could be
argued that what he did, while perhaps not ethical, does not rise
to the level of ‘practicing law.’”
Judge Carson’s admonition to Sam: “NO (I repeat) NO,
Sam can’t get away with the argument that he’s just an extension
of the judge and therefore entitled to judicial immunity when he
screws up. Generally this doesn’t fly; at best it will be excellent
mitigation at Sam’s sentencing (assuming Hapless Harris even
‘fesses up to his instructions).”
What else could or should
Sam have done?
Judge Carlson thought this was a good question. “Who’s
higher on the food chain, if anybody? Probably nobody, right?
But if there is a Chief Judge, or perhaps a presiding judge in the
family branch, Sam must go to that judge for some degree of
protection and direction.”
“Regardless of any relief Sam can get from a higher carnivore,
Sam should also do the following (to the extent he has the ability/
T EXAS A SSOCIATION
FOR
authority) in order to comply with the judge’s demand that he
‘do his job’ and ensure that people who come before the court
are prepared:
a) Get a group of court individuals who have to deal with the
pro se litigant together to formulate policy and procedures
for what they can and cannot do for litigants. That group
should come up with a specific list of do’s and don’ts that will
give guidance. Then that committee, or Sam alone if need
be, work on the following additional suggestions.
b) Rewrite the forms, remove the legalese, and make them
user friendly. Set the forms up so that instructions can be
incorporated into the forms themselves, if possible, but still
maintain a ‘judicial–like’ formatting and look (as we are
doing in Wisconsin).
c) Contact the local bar for the names of attorneys or recently
retired attorneys who may be willing to come to the
courthouse as volunteers on a regular basis for advertised
‘self–help’ program where forms can be reviewed for
completeness and correctness. Sam should find a location
where these volunteers can sit with the litigants, review the
forms with them, and assist them with the completion.
d) Write, copy, and make available at strategic locations within
the courthouse and elsewhere brochures, instructions,
and forms for litigants that can provide them with helpful
information, examples of completed forms, and descriptions
of what is going to happen in court.
e) Contact the local domestic abuse shelter or community–
action group for assistance in referring the pro se litigant to
them for assistance (okay, I know, I know, all I’m doing is
shifting the responsibility and liability for giving unlawful
legal advice to someone else. But if it works?).”
Arnold agreed that court administrator Bob should have
worked with Judge Harris on this issue, which the judge was
seeking to influence. “However, as the administrator was distracted
with budget negotiations and, in any event, did not really
understand the problem, Sam should have written or emailed the
court administrator setting out the issues and requesting formal
directions. That step would have commenced an ‘on the record’
process of transferring responsibility for the decision and its
consequences to those to whom that responsibility belonged.”
Mark’s response had much in common with Judge Carlson’s.
Sam merely speaking with Bob and Judge Harris was not sufficient.
“Given Sam’s position and tenure with the organization, he
should have also proposed a solution. There is an abundance of
information on this topic and Sam should have taken the time
to research possible solutions to his dilemma. Many jurisdictions
have retreated from the early standard of ‘court staff cannot give
legal advice’ and have instead adopted clear guidelines of what
information court staff can/cannot give and what tasks court staff
can/cannot perform when assisting self–represented litigants.
Sam could have drafted such lists and presented them to Bob and/
or Judge Harris for their review/comment and possible adoption
by the entire Court.
Some jurisdictions have also published answers to ‘frequently
asked questions’ to further aid staff. Sam could have drafted a list
of those questions that seemed to cause him and his staff the most
4/13/2009 10:21:53 AM
difficulty and sought guidance from Bob and/or Judge Harris
for agreed upon answers to said questions. Also, if particular
forms, or particular questions on forms, seem to be generating
the most confusion among litigants, Sam could have sought some
assistance in rewriting the forms/questions to make them less
confusing. Drafting a set of easy–to–understand instructions to
accompany the forms might have also helped. In addition, Sam
could have approached the local Bar Association or Legal Aid to
see if some attorneys might be willing to earn some pro bono
hours by conducting clinics on the proper completion of forms
or by reviewing forms for accuracy/completeness prior to filing.
In the end, however, if Sam knew that what Judge Harris
was asking him to do was wrong, he should have had the courage
to politely advise Judge Harris that he was simply not willing to
compromise his, or the organization’s integrity. I’m confident
that Bob would have supported him in doing so and am equally
confident that Judge Harris would have understood. In fact, he
may even respect Sam more.”
Are the current ethics codes
unrealistic in dealing with real world
situations like this?
Mark thought that given the prevalence of the phrase “shall
not give legal advice”, he is not surprised that it is contained in
most court–related ethics codes. He also advanced John Greacen’s
contention that, “the phrase has no inherent meaning.” He then
asked why we continue to focus so much attention on it? “Let’s
face it, self–represented litigants are here to stay. In fact, their
numbers are increasing. The public expects court staff to answer
their questions and provide them with useful information. We
are, after all, public servants. We need to distance ourselves from
‘court staff may not give legal advice’ and instead focus on what
court staff can/cannot do. I do however think that court–related
ethics codes should contain some admonition against practicing
law without a license and/or engaging in the unauthorized
practice of law.”
Arnold noted that the prohibition, so common in the U.S., is
also common in Australian courts and tribunals. “However, staff
in our Court, as in others, have practical difficulty in applying
the distinction between matters of practice and matters of law.
For example, in Tasmania in practice there are two principal types
of protective orders: (a) restraint orders and (b) family violence
orders. Those orders are predicated by the existence of different
relationships, and regulated by different statutes, require different
forms of application, the orders have different incidence and the
consequences of a breach vary.
Whether the relevant relationship exists can sometimes be a
very difficult judgment; in other cases, the answer is obvious. In
the latter situation, to ask counter staff to supply or receive a form
of application for an order which they know is inappropriate
places them in a very difficult situation – and, understandably,
tempts them into seeking to correct an obvious error. At its most
basic, providing the correct form requires an application of legal
knowledge.
T EXAS A SSOCIATION
FOR
Indeed, it is curious that, although staff are prohibited from
offering legal advice, court web sites provide, as they usually do,
‘Information Sheets’ that contain advice as to the law. I suggest
that the distinction for present purposes between procedural
and substantive law is to ignore the reality of the practical inter–
relationship between them. There is, in practice, much more to
staff attention to litigants’ needs than merely advising the number
of copies to be filed and the amount of the filing fee.”
To support his contention, Arnold referred to, Early Law
and Custom by Sir Henry James Sumner Maine, “So great is
the ascendancy of the Law of Actions in the infancy of Courts of
Justice, that substantive law has at first the look of being gradually
secreted in the interstices of procedure.” The distinction between
procedural law, on the one hand, and substantive law, on the other
– although having some practical applications – is, essentially,
illusory.
Judge Carlson noted that the current court system was
constructed on the concept of attorneys representing litigants in
the courts. “It’s how all of us grew up thinking it was supposed
to be. Bar associations were able to enact unlawful practice of
law statutes that criminalized the behavior. But now too many
people either can’t afford to hire attorneys, are too cheap to hire
attorneys even if they can afford to because ‘I should be able to do
this!’ or simply are people who hate lawyers and the legal system
and think they’re all part of a vast right/left wing conspiracy.
Furthermore, the old ‘unlawful practice of law’ statutes are under
attack or at least rarely enforced because of the ambiguity of when
helping a person crosses the line.
Frankly, a problem with many lay people is that the only
assistance they can comprehend is face–to–face contact with
someone who will either do the work for them or at least help
work them through the forms line by line, telling them what to
write in and which box to check. Even the most user–friendly,
non–legalistic instructions leave some people catatonic as they
sit in front of the form itself. Even a form that says ‘write your
name here’ will have them ask ‘is this where I write my name?’
Anybody who has ever worked in a self–help center knows how
totally maddening this process can be.
The codes today are generally unrealistic because they are
so broad and undefined. Lay people expect court people to help
them. That’s why court personnel exist, for cryin’ out loud!
People get angry and frustrated and fed up with the courts when
they don’t get the help they expect. So maybe we should just
bite the bullet and petition our Supreme Courts to exempt court
employees from the unlawful practice of law statutes, give them
statutory immunity for what they do, and require disclosure to the
other side that “pursuant to statute, a court employee may have
provided assistance to a litigant in completing these documents.”
And while we are doing that, maybe we should petition NACM
and the AJS to reexamine their codes of ethics accordingly.”
I asked John Greacen to comment on the scenario and the
observations of the other respondents.
“The ethics codes are fine. Court staff cannot ethically give
legal advice. Giving legal advice involves taking the side of the
party advised – telling him or her what course of action would be
in his or her best interests – which is inherently inconsistent with
4/13/2009 10:21:53 AM
our duty of impartiality towards the parties coming before the court.
What is screwed up is our understanding of what constitutes the giving of legal
advice and how that differs from giving legal information. Court staff, self help centers,
domestic violence shelters, and domestic violence clinics throughout the United States
(and the world) assist millions of alleged victims of domestic violence (and, I hope,
the alleged abusers as well) to complete the forms required to obtain (or to oppose the
issuance of ) temporary and permanent restraining orders each year. And, I believe, they
act ethically in doing so.
In the scenario, Sam and his staff can, under the understanding of the legal
information/legal advice distinction adopted in those jurisdictions that have provided
guidance to staff:
–inform litigants of the remedies available, including the distinctions between
domestic violence restraining orders – which require the existence of specified relationships
between the victim and the offender – and civil harassment restraining orders – which do
not require such relationships (or whatever names are given to these alternative remedies
in different jurisdictions);
–explain the statutory definitions of the relationships required for a domestic
violence restraining order;
–have the litigant, based on the explanation given, decide which remedy to seek and
provide the litigant with the appropriate forms to complete;
–fill out the forms for the litigant, using the litigant’s own words to complete the
form. (Most courts do not have staff actually complete the forms, unless the litigants
are illiterate, do not speak English, or have some other disability making it impossible
or difficult for them to fill out the forms themselves. What is important here is not
the act of filling out the form, but the role that the staff member performs when
filling it out. The staff person acts merely as the scribe for the litigant, writing the
litigant’s exact words on the form. The litigant, not the staff person, decides what to
communicate to the court. This is where the staff person is different from a lawyer. A
lawyer phrases the information provided by the litigant in the way that best serves the
litigant’s objectives in the litigation.)
–answer the litigant’s questions concerning the form. If asked, ‘What should I say
in this section?’ (for instance, the declaration concerning acts or threats of violence),
staff should answer straightforwardly, ‘You should describe in your own words, with
as much detail as possible, including the date and time of each incident, exactly what
the other person did to you.’ Staff should never suggest specific words to put in
the application. (Of course, this latter statement does not apply to matters such as
informing the victim that s/he should put her/his name in the space for ‘Petitioner’ and
the alleged abuser’s name in the space for ‘Respondent;’ that is obviously appropriate
guidance for staff to provide.
–review an application for completeness, pointing out boxes that have not been
checked and sections not completed. It is appropriate for staff to make a comment
such as, ‘Can you be more specific about what s/he did to you on (a particular date)?’
if it appears to the staff member that the declaration is lacking in sufficient detail.
It is also appropriate for staff to explain the meaning of checking particular boxes,
for instance, the meaning of boxes asking about requests concerning custody and
visitation of minor children, child support, and other forms of relief authorized by a
particular jurisdiction’s domestic violence law. Staff can never encourage or discourage
the litigant from seeking particular relief.
None of the above is ‘giving legal advice.’ It is all ‘giving legal information.’ It is
perfectly ethical for court staff to do all of these things.
On the other hand, it is wholly inappropriate for staff to refuse to accept an
application because it is incomplete or because, in the staff ’s understanding of the
law, the applicant is not entitled to relief. Access to justice entails the opportunity
to bring one’s petition to the attention of a judge, not a clerk or an administrator. A
staff member can point out to a litigant that the application is incomplete; s/he cannot
prevent the litigant from filing it. A staff member can certainly assist a judge by
T EXAS A SSOCIATION
FOR
Membership
Committee
2008 - 2009
Board Liaison:
Dana Cotherman
Jerome L. Coleman, Chair
Probate Court
Denton, Texas
(940) 349-2140
[email protected]
Nora N. Anderson,
Vice Chair
Brownsville, Texas
(956) 574-8150
[email protected]
Estella Alegria-Garza
County Court at Law
Kingsville, Texas
(361) 595-8565
[email protected]
Marisa Andrade
El Paso, Texas
(915) 546-2119
[email protected]
Rita Bartley
Dallas County
Dallas, Texas
(214) 653-6741
[email protected]
Cynthia Bowens
Dallas County
Dallas, Texas
(214) 653-7407
[email protected]
Patricia E. Bustamante
County Court #5
El Paso, Texas
(915) 546-2004
[email protected]
Jessica Carrizales
Brownsville, Texas
(956) 574-8150
[email protected]
shannon.mcfarland@co.
tom-green.tx.us
4/13/2009 10:21:53 AM
screening applications and advising the
judge of the apparent merit of the
application; however, it is the judge’s
non–delegable duty to decide whether
the application is, in fact, meritorious.
In sum, Sam and his staff can do
most of what Judge Harris wants. They
can provide a great deal of assistance
to litigants and increase dramatically
the completeness of applications for
restraining orders presented to the judge.
However, they cannot refuse to accept
incomplete applications or applications
that lack merit. Only the judge can deny
relief to a litigant who insists on filing
a non–meritorious domestic violence
application. Sam should point out
this distinction to Judge Harris and, if
Judge Harris gives him contrary orders,
should take the matter, as the other
respondents have suggested, to the court
administrator or the presiding judge.
If his superiors support Judge Harris’
position, Sam should – with notice to
all three of them – seek a ruling on the
matter from the state’s judicial ethics
advisory committee. Taking this action
makes the point that Sam is as concerned
about acting ethically in his position as
the judges and court administrator are in
acting ethically in their positions.
My thanks again to Arnold Shott
, The Honorable Gary Carlson, Mark
Weinberg and John Greacen for their
observations regarding legal advice. It
always surprises me how never ending
this conversation is over legal advice.
Our contributors’ responses demonstrate
again show timely discussions of legal
advice can be in the court administration
community. If you have an ethical issue
you would like to discuss, or if you
have comments on this scenario, please
contact me at pkiefer@superiorcourt.
maricopa.gov. I also invite you to visit
Karl Thoennes’ court ethics website
http://www.courtethics.org., where Karl
has assembled a variety of ethical codes
Reprinted with permission.
1. Chief Magistrate Shott also wants to
acknowledge Racquel Bowden in his court
who provided a great deal of assistance.
Membership Committee (cont...)
2008 - 2009
Board Liaison: Dana Cotherman
Aleida Castillo
293rd District Court
Eagle Pass, Texas
(830) 758-1730
[email protected]
Esther Peralta
49th District Court
Laredo, Texas
(956) 523-4227
[email protected]
Trisey Eubanks
Collin County Probate Court
McKinney, Texas
9725483810
[email protected]
Gloria Puente
Raymondville, Texas
(956) 689-6250
[email protected]
Iltze Garcia
Brownsville, Texas
(956) 574-8136
[email protected]
Leticia Rodriguez
Austin, Texas
(512) 854-9242
[email protected]
Melinda Mata
Laredo, Texas
(956) 523-4230
[email protected]
Liz Rodriguez
Lubbock, Texas
[email protected]
Shannon McFarland
District Courts
San Angelo, Texas
(325) 659-6569
shannon.mcfarland@co.
tom-green.tx.us
Catherine Nicholson
Dallas, Texas
(214) 653-6154
[email protected]
Sylvia Noriega
District Courts
San Angelo, Texas
(325) 659-6569
[email protected]
Alma Palacios
49th District Court
Laredo, Texas
(956) 523-4227
[email protected]
T EXAS A SSOCIATION
FOR
Lisa Rogerio
49th District Court
Laredo, Texas
(956) 523-4234
[email protected]
Grace Solis
49th District Court
Laredo, Texas
(956) 523-4236
[email protected]
Marinda Stryker
Lubbock, Texas
(806) 775-1309
[email protected]
Glenda Taylor
Lufkin, Texas
(936) 634-8984
[email protected]
Dawn Wilkerson
County Civil Court at Law #3
Houston, Texas
(713) 368-6660
[email protected]
4/13/2009 10:21:54 AM
meet the Judge: Tracy Christopher
By Jackie Struss, Court Coordinator
Judge Tracy Christopher is the Judge of the
295th District Court in Harris County. The
295th District Court in Houston specializes in
civil cases only. Judge Christopher has been the
Judge of this court for over 14 years, and has been
lucky to have her same trial coordinator, Jackie
Struss, and court reporter, Kimberly Kidd, for
all of those years. Jackie had been a coordinator
for four years before Judge Christopher started
and really helped her understand her trial docket
and of course, tried to get her to deny those
continuances!
In addition to her own docket, Judge
Christopher was appointed to handle special
pre-trial dockets. She handled all of the
Baycol cases for Region 2, oil and gas tax cases for Regions 4
and 5, and currently handles all of the silicosis cases for the
entire State. The silicosis docket has over 800 cases with
over 5,000 plaintiffs. Judge Christopher was appointed to
sit as a Justice for several cases at the First Court of Appeals
and was appointed to hear one case as a Justice for the Texas
Supreme Court.
Along with her position as Judge, she is also very involved in
judicial administration and in statewide committees
devoted to the law. She is currently the Civil
Administrative Judge for Harris County. She presides
as the Chair of the Pattern Jury Charge Oversight
Committee and is a member of the Supreme Court
Advisory Committee.
Judge Christopher volunteers one night a week
at Texas Children’s Hospital holding babies in the
neonatal intensive care unit. When her children were
younger, she was very active in scouting with them
and is a proud parent of both an Eagle Scout and a
Gold Award recipient. The family was very active in
outdoor activities and loved to camp and hike.
Judge Christopher graduated from the University
of Texas Law School in 1981 with honors and was in
private practice for 13 years before becoming a judge. She has
three children who have all achieved the magic age of 21, with
one currently studying to be a lawyer, while the other two are
finishing up college. She has been married to Vance Christopher
(who is also a lawyer) for 28 years, and they are enjoying the
“empty nest.” In their spare time, they love to travel and still
continue to go camping and hiking - just for fun.
Judge Christopher loves her job as a judge and considers it a
great honor to serve the people of this great State.
Meet the Secretariat: vanessa farmer
Vanessa Farmer has been employed by the
(CMIT) since February 2005. She joined CMIT
as a graduate assistant, where her duties included
helping to manage the TACA membership, editing
the Journal, and assisting with conference logistics.
As a full-time Staff Associate since 2006, Vanessa
has assumed responsibility as Secretariat for TACA.
As Secretariat, Vanessa processes membership
updates and payments as well as maintains
the TACA membership database. Vanessa also
collaborates with the TACA Publications Chair
to edit the TACA Journal, and provides assistance
with any other projects TACA may establish. A
major portion of her duties throughout the year, however, include
behind-the-scenes work to assist the Board in coordinating the
Annual Education Conference.
In addition to her TACA related duties, Vanessa compiles
curriculum for and coordinates the Juvenile Probation Officer
and Juvenile Detention Officer Certification programs. She
travels around the state of Texas hosting various programs for
both juvenile and adult probation officers including Foundation
T EXAS A SSOCIATION
FOR
Skills for Trainers, a course which teaches individuals
how to effectively train in the probation field,
and Staff Supervision Training for Corrections
Professionals, a workshop that trains supervisors on
efficient management practices. Additionally, Vanessa
administers the CMIT and TACA websites, as well as
other sites managed by CMIT.
Vanessa received her Bachelor of Arts Degree in
Liberal Arts with a concentration in Humanities and
Social Thought from the Louisiana Scholars’ College
at Northwestern State University in Natchitoches,
Louisiana. She later obtained her Master of Business
Administration Degree with an emphasis in Marketing
from Sam Houston State University in Huntsville,
Texas.
Vanessa and Jeff, her husband of five years, have a three yearold son, Owen. Jeff is a truck driver, and Owen is a vivacious
and charismatic little boy, who loves playing outside and helping
around the house. Outside of work and family, Vanessa serves in
her church on Sundays and Wednesdays as the teacher for the
2 - 3 year-old class and is soon starting a MOPS (Mothers of Pre
Schoolers) group.
4/13/2009 10:21:55 AM
DOCKET MANAGEMENT 101: CASE REFERRAL
By Nancy Neal Yeend and Eileen Pruett
Overview
Court-connected dispute resolution (DR) programs, both
state and federal, increased exponentially between the late 1970s
and mid-1990s. Initially, the vast majority of these state court
programs evolved out of necessity: the overwhelming increase
in the number of drug related criminal cases placed significant
pressure on the courts. It is evident that during the past 10 years
a significant shift has occurred in the reasons for referring cases to
DR. Although for some courts these programs are still required to
manage case volume, in other courts the primary reason for using
DR is “customer satisfaction”.1 Just as the impetus for using DR
has evolved, so have changes in the popularity of the processes
used. Initially, settlement conferences and arbitration were the
primary DR processes. Once mediation was introduced, it quickly
became the DR process of choice.2 As the reasons for using DR
evolved and as the shift in process usage changed, did the criteria
for selecting cases changed? Do case selection criteria change
depending on the court level (small claims, trial or appellate)?
Does the nature of the case (family, personal injury, intellectual
property, etc.) significantly modify the selection criteria? The
authors will attempt to answer these questions, and to provide
basic case selection criteria.
businesses and neighbors )
• there have been no negotiations. (partnership, family and
consumer)
• one or more participants (parties or their counsel) desire
mediation.
• there are significant technical issues involved. (patent and
medical malpractice)
• ease of settlement is identified.
• litigation costs are a significant portion of the amount in
dispute. (probate)
• litigation is unaffordable. (limited jurisdiction cases)
• multiple parties and/or complex issues exist. (construction
defects and multiple insurance carriers)
• experienced counsel represent parties.
• parties are willing and able to evaluate and communicate their
needs and interests.6
• basic discovery is completed.7
• without settlement a case requires continuing court
involvement. (custody)
There is not one specific basic factor that precludes a case
from mediation; however if there is a history of violence, substance
abuse or similar issue, then closer scrutiny is required.
Reverse Selection
Case Selection
Most cases benefit from participating in some form of DR.
Even criminal cases benefit from mediation, especially victim
offender cases with a first time offender, who demonstrates
remorse. Victims of horrific criminal acts derive a catharsis value
from mediation, when able to confront the perpetrator and when
able to tailor restitution.3 This article; however, focuses on the
use of mediation for civil cases in state courts. Numerous sources
address the selection criteria that best identify those cases that are
most likely to benefit from using some form of court-connected
DR process. In the broadest terms the “high probability of success
measured both quantitatively and qualitatively, and potential
negative impact on the parties, the court, or other”4 are often
the fundamental framework supporting a court’s case selection
criteria. In terms of court connected mediation program policy,
case selection hinges on the ability to provide mediation services
that adhere to mediation’s “core values.” These include respect for
the parties’ right to make their own decisions, confidentiality of
the process, and neutrality of the mediator.5
Selection Criteria
Basics
When reviewing a case for potential referral to mediation,
developing guidelines or selection criteria is useful. What are the
basic criteria that must be considered? Should any one factor
control? When looking at more specific case selection criteria, the
classic examples include cases where:
• parties are in on-going relationships. (custody, employment,
T EXAS A SSOCIATION
FOR
Some courts have developed “select out” or reverse case
selection criteria, which targets the type of case specifically
excluded from the DR program.8 Trial court DR programs usually
exclude class action, prisoner applications, worker compensation,
juvenile, and termination of parental rights.9 Appellate courts
regularly exclude pro se cases.10 Pending orders, motions of first
impression and novel legal questions are not selected for DR
programs. There are a few specific circumstances where DR is
inappropriate. Cases that involve the need for “public sanctioning,
or where there are repetitive violations of statutes or regulations
[that] need to be dealt with collectively and uniformly”11 are not
appropriate. There are programs that use geographic proximity
of the parties (distance to the mediation site) as one factor to
screen out cases. Still other courts screen out cases if there is a
history of domestic violence, substance abuse or a question of
cognitive ability.12 A number of court programs routinely screen
out governmental entities, unless issues of confidentiality and
ratification procedures are resolved in advance. Of course, if
a legal precedent is required, mediation is not the appropriate
forum. It must be noted that at any time a court develops case
selection criteria, the specific requirements must be delineated in
the court’s protocol, policies and procedures. Identifying specific
types of cases for inclusion or exclusion demonstrates an open
court system, educates members of the bar, and facilitates detailed
tracking of statistical data.
Additional Factors
At least one source opined that screening cases for DR
4/13/2009 10:21:55 AM
suitability was unsuccessful primarily because it implies “one
size fits all”. In other words, all employment or all personal
injury cases would benefit from DR, or all pro se should not
participate in DR.13 There is some validity to this argument, if
the following factors are not considered when developing case
selection criteria: timing, parties, court level and program goals.
Questions that must be answered include: how soon should a
case be referred to mediation, are the parties of a temperament
that they can effectively participate (especially if pro se), and what
court is making the referral? Additionally, how do program goals
influence case selection?
Timing
With respect to timing of DR processes, especially mediation,
it is well documented that the earlier the referral the higher
the settlement rate. Studies of small claims, county and justice
courts, found that pre-hearing mediation sessions, as opposed
to “same-day as trial mediation,” experienced higher settlement
rates. Pre-hearing programs that provided mediation in advance
of the court date experienced settlement rates of between 75 and
92 percent; however, mediation programs that provided services
on the day of the hearing only averaged 50 percent settlement
rates.14 In a study of custody and visitation cases, it was found that
when mediation preceded a preliminary court hearing, parties
were four times as likely to opt for mediation then if asked to
participate in mediation after the hearing. In addition, the cases
mediated earlier averaged higher settlement rates and required
fewer court hearings per case.15 These statistics are mirrored in
other court programs. The earlier the mediation is scheduled,
the higher the settlement rate. Even at the appellate level this
phenomenon is observed. The national settlement rate average
for appellate cases is generally in the range of 36 to 42 percent.16
When a case reaches the appellate level, there is a significant
amount of history associated with the case, and yet when these
cases are immediately referred to mediation, settlement rates are
significantly above the national average. California’s First District
Court of Appeals enjoys nearly a 60 percent settlement rate17 and
the Nevada Supreme Court program averaged approximately 55
percent over a nine year period.18 The age of the case, the length
of time it has been pending, and the proximity of a firm trial
date are additional timing related factors that cases share across
jurisdictions as well. Conventional wisdom postulates that the
point at which some, presumably enough, but not all discovery is
completed is the “right time” for mediation. Discovery scheduling
“should be made with an eye toward when and how dispute
resolution might be used.”19 On the other hand, when key players
know the important facts and engage in early mediation, they can
make decisions and agreements with less formal discovery. Small
claims, eviction, rent escrow, consumer loans, other business cases
and property damage auto accident claims are other examples of
cases that benefit from early mediation.20
Participants
Selection criteria cannot be developed in a vacuum. In
addition to considering the types of cases and timing, the
T EXAS A SSOCIATION
FOR
litigants need to be considered as well. Individuals who have
had a history of cooperation and who have had the ability to
communicate directly with one another in the past typically
make better candidates for mediation. The ability of the parties
to actively participate in face-to-face discussions is an important
factor influencing mediation settlement rates. Jurisdictions that
cover large geographic areas and that do not require the plaintiff
and/or defendant to attend, have lower settlement rates than
jurisdictions that require party attendance. Lower settlement
rates were noted when mediation sessions were conducted via
telephone.21 Selecting cases where everyone is required to attend
is beneficial to any DR program, as the probability for resolution
is generally greater when face-to-face mediation occurs.
Court
A primary selection criterion that is influenced most by the
level of the court is pro se parties. Small Claims, Magistrate,
Justice and County courts, or courts with lower dollar case value
limits, typically permit pro se parties to actively participate in DR
programs. Most trial courts permit pro se parties to participate in
mediation, or at least consider pro se participation. Foreclosure
cases and contract cases involving pro se defendants are new types
of cases being resolved in mediation.22 It is rare for an appellate
court to permit pro se participation.23 and 24
Appellate courts are more likely to limit the types of cases
that may participate in the DR program. This is especially
true in mandatory appellate programs. In alphabetical order
only, criminal, habeas, juvenile, parental rights, prisoner, pro
se, restraining orders, tax appeals, and worker compensation25
are more likely to be excluded from appellate DR programs.
Historically, many appellate courts prohibited custody and other
family matters from participating in DR programs; however, that
trend reversed in the past several years.26
Goals
Finally, case selection criteria may depend on the goals and
original purpose for establishing the court DR program. If the
goal of the court is case management, then cases may be selected
arbitrarily: odd/even case number, every third case, etc. Other
factors may not even be considered due to expediency. With
arbitrary selection a certain percentage of cases will settle, and if
not resolved completely, at least the parties may narrow the issues
and focus on future discovery, negotiations or trial. In several
studies conducted between 1995 and 2002, the type of case was
not an accurate predictor of settlement. Similarly, the amount
in dispute was also not a factor influencing settlement rates.27
Courts that selected by case type, verses those that selected cases
on a random basis, experienced similar settlement rates. Parallel
studies involving small claims and appellate programs yielded
similar conclusions. For example, personal injury and business
cases referred to mediation in a court with a jurisdictional limit
of $15,000 resolved at similar rates and were not dependent upon
existing or ongoing relationships among the parties.28 There are
a very few studies that identified slightly higher settlement rates
for cases involving family and probate issues over personal injury
4/13/2009 10:21:55 AM
Education Committee 2008 - 2009
Board Liaison: Monica Gracia
Cynthia DeJean, Co-Chair
Harris County
Houston, Texas
(713) 368-6195
[email protected]
Liz Rodriguez
Lubbock, Texas
(806) 775-1021
[email protected]
Shannon McFarland,
Co-Chair
District Courts
San Angelo, Texas
(325) 659-6569
[email protected].
tx.us
Rene Salinas
Austin, Texas
(512) 854-9870
[email protected]
Cathy Burnett, Vendor Coordinator
County Court at Law Dumas,
Texas (806) 935-2711
[email protected]
Jennifer D. Bolton
Georgetown, Texas
(512) 943-3380
[email protected]
Sylvia Buitron
Laredo, Texas
(956) 523-4329
[email protected]
Jerome L. Coleman
Probate Court
Denton, Texas
(940) 349-2140
[email protected]
Sylvia Juarez
237th District
Court Lubbock, Texas
(806) 775-1027
[email protected]
Grace Solis
49th District Court
Laredo, Texas
(956) 523-4236
[email protected]
Karen Warr
123rd & 273rd District Courts
Center, Texas
(936) 598-9928
[email protected]
Dawn Wilkerson
County Civil Court at Law #3
Houston, Texas
(713) 368-6660
[email protected]
Debra Worley
Civil Court at Law #4
Houston, Texas
(713) 368-6686
[email protected]
AV Sub Committee
Karen Warr
123rd & 273rd District Courts
Center, Texas
(936) 598-9928
[email protected]
T EXAS A SSOCIATION
FOR
and employment.29 In DR programs that
have goals relating to conserving litigant
resources, preventing future disputes and/
or improving the public’s perception of
the court, the case selection criteria may
be viewed differently. A court might select
cases that are typically time consuming
and costly to litigate, referring them to
mediation with the hope that the case
will settle, thus conserving participant
resources. Cases typically selected with this
goal include probate, custody and child
protection cases. The goal of preventing
future disputes often leads to selection
of cases where there is a likelihood of an
on-going relationship, such as neighborto-neighbor and employment. If the goal
is to improve public perception of the
court, then business-to-business cases and
programs that reach out to underserved
sectors of the community are good
choices.
Summary
Just as mediation is more art than
science, selection of cases is not an exact
science. Sometimes disputes that no
one thinks will be resolved in mediation
are; and sometimes those that look as if
they should settle easily do not. Even so,
considering basic case selection criteria
and additional factors can guide dispute
resolution program design and case
selection. The exercise of reviewing case
selection criteria and additional factors in
light of dispute resolution program goals
offers an opportunity to fine tune the
program to fit the needs of participants
and the court. Clarity about those needs
should inform timing decisions as well.
Authors:
Nancy Neal Yeend: civil mediator
over 25 years, faculty member of the
National Judicial College for 15 years,
teaching mediation and how to create and
evaluate court and agency-connected DR
programs, and authored seminal study
of national trends in state appellate DR.
([email protected]) Eileen Pruett:
manager of the Small Claims Division
and Dispute Resolution Department for
the Franklin County Municipal Court,
Columbus, Ohio. For 13 years she worked
for the Supreme Court of Ohio helping
trial and appellate courts establish and
4/13/2009 10:21:56 AM
maintain quality mediation services. She
also mediates a variety of civil cases and
trains mediators (PruettE@fcmcclerk.
com).
CHECKLIST
General Selection Criteria
 Did one or more of the parties and/or
counsel request mediation?
 Did one or more of the parties and/
or counsel acknowledge previous
negotiations?
 Are there continuing relationships
among the parties that should be
preserved?
 Are there complex factual or technical
issues?
 Do parties have reasons to pursue a
quick resolution to the case?
 Is finality important to the litigants?
 Are there experienced counsel?
 Are the parties sophisticated or have
previous experience with litigation?
 Are parties and/or counsel effective
communicators?
 Are there unrealistic assessments of
potential outcomes by one or more
parties and/or counsel?
 Can parties afford extensive discovery
and can discovery be limited?
 Are litigation costs a significant
percentage of the amount in dispute?
 Will the mediation process be cost and
time effective?
 Are there internal pressures to settle—
time constraints?
 Is litigation unaffordable?
 Is a lengthy trial likely?
 Does the case involve routine property
damage claims?
 Is the case straightforward and easy to
settle?
Further Review Required
 Is there a history or threat of violence?
 Is there a history of substance abuse?
 Are the cognitive abilities of one or
more of the parties in question?
 Are one or more of the parties pro se?
 Have the parties previously
participated in another dispute
resolution process?
 Is there a need for public sanctions?
 Is outcome uniformity statutorily
required?
1 Conserving judicial resources remains a significant goal for many court-connected DR programs. Conserving participant resources
and improving public perception of the courts surfaced as reasons for creating some later DR programs. State Appellate ADR: National
Survey and Use Analysis with Implementation Guidelines, 2nd Ed., Nancy Neal Yeend, The John Paul Jones Group, St. Petersburg, FL,
2002.
2 As an example, in Maine during 2002, of the program’s 509 cases, 490 selected mediation, 13 selected early neutral evaluation, and
only 6 selected arbitration. Court- Connected Alternative Dispute Resolution in Maine, Hon. Howard H. Dana, Jr., 57 ME. L. REV.
349, University of Maine School of Law, 2005.
3 See Mark S. Umbreit, Ph.D., Crime & Reconciliation, Abingdon Press, Nashville, TN, 1985. Harry Mika, The Practice and Prospect
of Victim-Offender Programs, 46 S.M.U.L. Rev. 2191 (1993). For additional information about Victim-Offender Mediation, see www.
voma.org.
4 National Standards for Court-Connected Mediation Programs, Institute of Judicial Administration, Washington, DC, 1998.
5 Model Standards of Conduct for Mediators, American Arbitration Association, American Bar Association, Association for Conflict
Resolution, 2004. See www.acrnet.org/pdfs/ModelStandardsofConductforMediatorsfinal05.pdf.
6 Ibid. Footnote 4. “While timing of a referral to mediation may vary depending upon the type of case involved and the needs of
the particular case, referral should be made at the earliest possible time that the parties are able to make an informed choice.”
(emphasis added)
7 Effectiveness of Court-Connected Dispute Resolution in Civil Cases, Roselle L. Wissler, Conflict Resolution Quarterly, V 22, n 1-2, FallWinter, 2004. See also, Stephen B. Goldberg, Nancy H. Rogers, Frank E.A. Sander, Sarah Rudolph Cole, Dispute
Resolution: Negotiation, Mediation and Other Processes, 4th Ed., Aspen Publishers, Frederick, MD. 2003, and Which cases are most
suitable for court-ordered mediation?, Richard Morley Barron, October, 2004. http://www.mediate.com//articles/barronMR1.cfm.
8 Ibid. Footnote 4.
9 In recent years; however, both juvenile delinquency and termination of parental rights cases referred to mediation have
been successful. See, e.g., National Council of Juvenile and Family Court Judges Publications http://www.ncfjcj.org/content/
blogcategory/355/424.
10 Ibid. Footnote 1.
11 Nebraska Judges Handbook, 2005.
12 Rules of Superintendence for the Courts of Ohio, Rule 16, Mediation, http://www.sconet.state.oh.us/Rules/superintendence/
Superintendence.pdf; and Georgia Supreme Court Alternative Dispute Resolution Rules Model Court Mediation Rules http://www.godr.
org/pdfs/MODELRULESODR.pdf; and Guidelines for Mediation of Cases Involving Domestic Violence, http://www.godr.org/pdfs/
Guidelines.pdf.
13 Edward A. Dauer, Manual of Dispute Resolution, Shepard’s/McGraw-Hill, Inc., Colorado Springs, CO, 1994.
14 Small Claims Mediation Programs, Jessica Notini, mediate.com, 2001.
15 Timing Is Everything, Virginia State Judicial Institute, 2001.
17 Annual Report, First Appellate District of the California Court of Appeal, 2006.
18 Annual Report, Nevada Supreme Court, 2007. (Nevada does not have an intermediate court of appeal, so their settlement rate is
exceptional.)
19 John S. Murray, Alan Scott Rau, and Edward F. Sherman, Process of Dispute Resolution, 2nd Ed., Foundation Press, Westbury, NY,
1996.
20 See 2007 Mediation Programs Report to the Judges of the Franklin County Municipal Court, on file with the authors.
22 Ibid. Footnote 20, and
Foreclosure Mediation Program
Model Now Available to Ohio
Courts, http://www.sconet.state.
oh.us/Communications_Office/
Press_Releases/2008/foreclosure_
020708.asp.
23 Ibid. Footnote 1.West
Virginia has no intermediate
appellate court, so it created
a specific program for worker
compensation cases. Oregon and
Tennessee have similar programs.
24 Some states are silent on the
issue of pro se participation. New
York’s 3rd Judicial Department
permits pro se cases, while
California’s 1st District Court
of Appeals only permits pro
se when the party has a law
degree. Federal appellate court
programs cover the spectrum
from permitting pro se litigants,
to permitting only pro se with
law degrees, to silence on the
issue, to outright prohibition of
pro se litigants. Mediation and
Conference Programs in Federal
Courts of Appeal, 2nd Ed.,
Robert J. Niemic, Federal Judicial
Center, Washington, DC, 2006.
28 See 2006 Mediation Programs
Report to the Judges of the Franklin
County Municipal Court, on file
with the authors.
29 Ibid. Footnote 17
T EXAS A SSOCIATION
FOR
4/13/2009 10:21:57 AM
get integrated.
one community.
one solution.
JustWare case
management
solutions give
your agency the
tools you need to
accurately manage
your workflow and daily
tasks, while enabling
you to integrate data with
your stakeholders. Secure,
seamless data sharing allows
you to send and receive
automatic updates on arrest
filings, payment information,
court proceedings and decisions,
dispositions, and more. Sharing
data has never been easier or more
secure.
JustWare | Court provides the latest in case
management technology for district, county,
and criminal courts. With JustWare, your agency
has the tools you need and the integration you need.
Automate your reports, data integration, statistics, and
much more.
Call us today, and we’ll show you how
JustWare can empower your community.
member
h t t p : / / w w w. d i r. s t a t e . t x . u s
www.newdawntech. com/TACA
T EXAS A SSOCIATION
FOR
1-877-JUSTWARE
C OURT A DMINISTRATION
4/13/2009 10:22:03 AM
M a r k Yo u r C a l e n d a r. . .
Corpus Christi, Texas
November 10 - 13, 2009
Omni Hotel, Bayfront Tower
900 N. Shoreline Blvd.
Corpus Christi, Texas 78401
(361) 880 - 6738
Texas Association for Court Administration
George J. Beto Criminal Justice Center
Sam Houston State University
Huntsville, TX 77341-2296
NON-PROFIT ORGANIZATION
U.S. POSTAGE PAID
HUNTSVILLE, TEXAS
PERMIT NO.26
4/13/2009 10:22:04 AM

JOURNAL Atascosa County Courthouse

Transcription

Similar documents

THE TEXAS HEAD START DIRECTORS` ROUNDTABLE

Wednesday, Dec. 12, 11 am to 1 pm Texins Activity Center

College Prep 8/23/2013 - IDEA Public Schools / Homepage

Riparian Flyer – Pedernales River on December 5, 2015

Cotton Defoliation Turn Row Meeting

EMILY A. QUILLEN, Attorney

SPONSORED BY MULTICULTURAL CENTER AND THE CENTER

KTSU 90.9 FM 13th Annual Tennis Classic

BUILDINGS 4 and 5 BUILDINGS 4 and 5

Star Creek Ranch