Mark Goodner sat down with Ned Minevitz to discuss the 2022 Impaired Driving Symposium.

MG: Ned, we are two weeks away from the judges Impaired Driving Symposium (IDS). It is in many ways a different program from TMCEC’s typical offerings. For the benefit of those who are unfamiliar with it, could you tell us a little bit about IDS?

NM: IDS is unique in that TMCEC co-hosts it with the Texas Justice Court Training Center, Texas Center for the Judiciary, and Texas Association of Counties. As such, judges from multiple levels of the Texas judiciary attend. This makes for an excellent networking opportunity. I would particularly recommend this conference to judges that sign blood warrants and set bond conditions on impaired driving cases. The faculty does a great job illustrating the role these procedures play in the lifespan of an impaired driving case.  I think it is valuable for municipal judges that perform these functions to understand them as part of a broad context. Conversing with county judges that preside over DWI trials really helps achieve this.

MG: Thanks, Ned. This year’s symposium takes place August 15-16 in Bee Cave at the Sonesta Hotel. Do we still have spots available? If so, how can someone register?

NM: Yes! There are spots left. Municipal judges may register at https://www.tmcec.com/registration/. To view the agenda and other important information about this seminar, check out https://www.tmcec.com/mtsi/impaired-driving-symposium/.

MG: This is also a program funded by TxDOT and there are many expenses that are covered, right? This would not be as costly to city budgets as many other programs, isn’t that true?

NM: That is absolutely correct. TxDOT recognizes the critical role judges play in impaired driving prevention, so they have generously offered to reimburse travel and meals (within state and federal limits) for participants. Participants can receive a free night at the Sonesta Hotel as long as they live and work at least 30 miles from the conference site. For attorneys, CLE reporting is also free courtesy of TxDOT.

MG: That’s good to know. Finally, are there any topics or speakers you are especially excited about this year?

NM: Everything on the agenda excites me, but if I had to identify one topic, it would probably be the Search & Seizure class presented by Judge David Newell from the Court of Criminal Appeals. He brings levity and humor that really take his presentations to the next level.

MG: Judge Newell is always great. That will be a good session. Thanks for the information, Ned. We hope to see a good number of municipal judges there!

On November 23, 2021, the Texas Supreme Court issued the 45th Emergency Order. As of today, it is not accessible on the txcourts.gov website and has not, to my knowledge, been emailed out to court personnel by OCA. It was emailed to attorneys by the state bar, however. The pdf of the 45th order has been added to end of this post for all who have not seen it.

Of note, all Texas courts are permitted to use teleconferencing through February 1, 2022. While courts may continue to use reasonable efforts to hold proceedings remotely, remote jury proceedings must not be conducted unless the court has considered on the record (or in a written order) any objection or motion related to moving forward with a jury proceeding at least seven days before the jury proceeding or as soon as practicable if the objection or motion is made or filed within seven days of the jury proceeding.

Additionally, municipal and justice courts may suspend or modify trial-related and pretrial hearing deadlines through March 1, 2022. Despite this, municipal and justice courts are to “move swiftly to return to regular pretrial and trial proceedings as soon as reasonably feasible before March 1, 2022.”

Stay tuned to see if more court guidance documents are to come from OCA.

Mark Goodner sat down with Ryan Turner and Elizabeth Rozacky to discuss the upcoming “Fundamentals” Seminar.

MG: When I first started at TMCEC, I was able to attend what was the last Low Volume Seminar of 2008. After that, we kept the seminar in the archives so-to-speak for a dozen years. Thankfully, we brought it back in AY 2020. There have been some tweaks to the program. What has changed and what has stayed the same?

RKT: Well, of course, I guess the main thing is the name of the seminar.  The focus is still on basic, yet important, tenets of constitutional criminal procedure.  However, one of the things we learned from audience feedback is that while there is a need and an appreciation in courts that adjudicate a relatively low volume of cases for the seminars content, the seminar is not just for judges and clerks who work in such courts.  Constitutional law is the glue that makes criminal procedure stick.  Its importance is not limited to “low volume courts.” 

ER: At its core, the program has always been a refresher on the fundamentals of constitutional law and how those concepts apply to municipal courts. Courts of all sizes can benefit from revisiting these concepts, so we’re excited to open up this opportunity to more participants.

MG: I remember it having a wonderful overview (with some specific diving in, as well) of the constitutional foundations that support so many of our practices in municipal court. In the past, it was geared toward non-attorney judges and clerks (hopefully with teams from the same city). I think this would be a wonderful program for a judge that has been through the New Judges program in the last handful of years. Who else would this program be perfect for?

RKT: Absolutely, I highly recommend this seminar for folks who recently attended either the New Judges or New Clerks Seminar. While the curriculum is intended for judges and clerks who have not attended law school and who are not lawyers, we have also had attorneys attend.  They said it was a fun and fantastic way to take inventory of their understanding of fundamental constitutional issues in criminal law.

Similarly, I think this seminar offers a one-of-a-kind opportunity for clerks and court administrators to develop a better understanding of how the constitution colors our procedures and practices.

ER: Ditto! I often hear from folks who feel they only started to understand their court after a year or two on the job (long after they finished the New Judges or New Clerks curriculums). This program is a great way to get back to basics and continue learning.

MG: I love the model that provides the same faculty over the entire 12 hours. It’s quite a team of Judge Robin Ramsay, Judge Gary Ellsworth, Ryan Turner, and Elizabeth Rozacky. Elizabeth and Ryan, what do you like about this format and how does it feel to be part of this special team?

ER: I love being on this team. There’s such a wide range of experience in the room with judges from small towns and big cities alike. But I’m always impressed by the amount of pure practical knowledge this faculty brings. Judges and clerks can come away from the course with fresh eyes and real tools to apply to their day-to-day court practice.

RKT: I love collaborating with Robin, Gary, and Beth. I also love the format.  The teaching is collaborative and conversational.  The instructional strategy is engaging.  The course materials consist of a lot of interactive notes and wealth of research materials.  I believe that judges, clerks, and court administrators who attend this particular seminar leave with a deeper appreciation of the law.  We are so lucky to get to bring this event to Laredo and I hope court personnel throughout Texas, but particularly in South Texas will take advantage of this opportunity.

This is the last time it will be offered in South Texas and it is one of TMCEC’s best seminars. Don’t miss out.

The next Fundamentals program takes place on November 3-4, 2021 in Laredo. Space is still available for judges, clerks, and court administrators. To read more about the program, see the excerpt from the Fall Academic Bulletin below. Register today! Financial aid is available. If you have questions, call 800-252-3718.

We are a year and a half into the COVID-19 pandemic, and there is no clear end in sight. As long as the state of disaster endures, the Supreme Court is empowered to issue emergency orders. Last week, on September 21, 2021, the Supreme Court of Texas issued the 43^rd Emergency Order Regarding the COVID-19 State of Disaster. TMCEC attorneys took time to review and discuss the order.

MG: This seems to be much the same as guidance that we’ve had for the last year or more. Notably, all courts can still (without a participant’s consent) allow or require anyone to participate remotely through video or telephone. This order goes into effect on October 1, 2021 and expires on December 1, 2021. Are there any new wrinkles that we should be aware of?

ER: Something that caught my eye was the change to provisions related to extending deadlines (#4 in the new order). Older emergency orders permitted courts to “modify or suspend any and all deadlines and procedures, whether prescribed by statute, rule, or order” up to April 1, 2022. Now the types of deadlines that may be extended are expressly limited to (1) trial-related deadlines and procedures; and (2) deadlines and procedures for pretrial hearings.

MG: That’s an interesting tweak, Elizabeth. I know we (TMCEC) talked over the last year about examples of things that could be modified or suspended including DSC and Deferred Disposition deadlines. Judges may want to rethink that now and ask themselves “Are probation-related deadlines trial-related? Are they pre-trial hearings?” These are the questions that courts will need to carefully consider.

,RC: I’d be curious to know the reason for the change in this order and if it is part of a gradual pulling back of the authority. Not the end, but the beginning of the end, so to speak. It is clearly a narrower authority than what we have seen in every order since the provision was originally added. For municipal and justice courts, “pretrial” does generally have a broader meaning than in the higher courts where that reference typically means a 28.01, CCP pretrial. But like Mark, I think this is a bit of a gamechanger from what we discussed in our Keynote at Regional Judges and Clerks all last year. The current provision no longer appears to contemplate anything not directly related to trial or pretrial like DSC or probation. Judges who were hanging their hats on the emergency orders for deadline modifications that fall outside existing statutory authority may want to give these changes some thought.

NM: There has definitely been an effort to narrow and itemize those deadlines that may be extended starting October 1^st. Echoing Mark’s point, there will still be some potential gray areas – but they will be less gray than before. Other than this, I do not see any significant changes for municipal courts stemming from the 43^rd Emergency Order.

To keep up with COVID-19-related updates, see TMCEC’s page here or txcourts.gov/court-coronavirus-information/