Public Comment Period Open Regarding New Confidentiality Policy Requirement for Municipal Courts

By Benjamin Gibbs On August 25, 2023, the Supreme Court of Texas issued a Rules Advisory that it had preliminarily approved a change to Rule 7 of the Rules of Judicial Administration. This rule change will affect municipal courts, if enacted in the current form. The advisory also invited public comment, and the public commentContinue reading “Public Comment Period Open Regarding New Confidentiality Policy Requirement for Municipal Courts”

How Do Recent Changes to Juror Reimbursement Affect Municipal Court?

By Ben Gibbs Daylight savings time has come around again. Communities across Texas have kicked off programs that coincide with daylight savings to encourage homeowners to check the batteries in their smoke alarms. For municipal courts, a similar thing happens every summer of an odd-numbered year: time to reexamine any city charters, ordinances, and proceduresContinue reading “How Do Recent Changes to Juror Reimbursement Affect Municipal Court?”

Mandatory Retirement Age for Municipal Judges?

By Ned Minevitz On November 7, 2023, Texans voted on 14 proposed amendments to the Texas Constitution. The only amendment voters rejected was Proposition 13, which would have, among other things, increased the mandatory retirement age for certain state judges from 75 to 79. This age requirement, which is provided in Section 1-a(1), Article VContinue reading “Mandatory Retirement Age for Municipal Judges?”

Municipal Courts Week is Upon Us! What is Your Court Doing?

Next week is Municipal Courts Week! The 88th Texas Legislature designated the first week of November as Municipal Courts Week each year from 2023 through 2032 via House Concurrent Resolution 75. “First Week” means the first full Monday through Friday of November. This year, that’s November 6-10. See House Concurrent Resolution 75 here. TMCEC GeneralContinue reading “Municipal Courts Week is Upon Us! What is Your Court Doing?”

Child Custody in Municipal Court? House Bill 969, SAPCRs, Civil Penalties, and Municipal Courts

Enforcing child custody orders is a perennial problem for the government. There are countless horror stories of children spirited away by one parent, while the other called desperately for police intervention. There is a new tool for cities in this ongoing struggle, in the form of a new enforcement mechanism. Although cities may feel compelledContinue reading “Child Custody in Municipal Court? House Bill 969, SAPCRs, Civil Penalties, and Municipal Courts”

Today is the Day! All Remaining AY23 Judicial Education Hours are Due 8/31/2023!

Today marks the last day of the 2022-2023 Academic Year for judges to complete their required judicial education. On March 30, 2020, the Court of Criminal Appeals issued an emergency order suspending all sections of the Rules of Judicial Education that require live, continuous hours of judicial education that would prevent a judge from completingContinue reading “Today is the Day! All Remaining AY23 Judicial Education Hours are Due 8/31/2023!”

TDLR Announces Website and Driving Safety Course Completion Certificate Changes

Recently, the Texas Department of Licensing and Regulation (TDLR) announced changes related to their Driver Education & Safety website and course certificates. These changes are significant to municipal courts wishing to inform defendants where they can find approved driving safety courses (DSC) as well as to municipal courts needing to verify DSC course completion forContinue reading “TDLR Announces Website and Driving Safety Course Completion Certificate Changes”

26 Years Ago This Week: Naff v. State

By Ben Gibbs Naff v. State, 946 S.W.2d 529, decided May 15, 1997, is a useful case for municipal court practitioners because it addresses three common arguments and spells out clear legal reasons for its decision. Although not binding statewide authority, the Naff opinion relies heavily on Texas Court of Criminal Appeals authority and usesContinue reading “26 Years Ago This Week: Naff v. State”

Driving Safety Course as a Condition of Deferred Disposition Effective June 1, 2023

In 2021, the 87th Regular Legislature passed House Bill 1560 (H.B. 1560), which made numerous changes regarding the Texas Department of Licensing and Regulation (TDLR), alcohol and drug programs, as well as driving safety courses. In yesterday’s blog entry, we discussed what alcohol and drug education will look like in a post-DADAP world. Today, let’sContinue reading “Driving Safety Course as a Condition of Deferred Disposition Effective June 1, 2023”

Online Alcohol Awareness Programs in the Post-DADAP World

By Ned Minevitz Section 106.115(a) of the Alcoholic Beverage Code provides that minors convicted of or granted deferred disposition for public intoxication, purchasing alcohol, attempting to purchase alcohol, consuming alcohol, driving under the influence, alcohol possession, and age misrepresentation must complete either an alcohol awareness program, drug education program, or drug and alcohol driving awarenessContinue reading “Online Alcohol Awareness Programs in the Post-DADAP World”