2010

Collections

It is estimated that hundreds of millions of dollars in court-ordered costs, fees, and fines go uncollected in the State of Texas each year. However, collecting these funds is about more than lost revenue. These uncollected dollars represent many thousands of court orders, issued by judges, and ignored by lawbreakers. Ultimately, the taxpayers and citizens of every community in the State pay the price for this breakdown in the criminal justice process.

While the impact in terms of dollars is significant, the greater damage is inflicted by the erosion of our system of government from the loss of respect for judicial authority. The Collection Improvement Program is designed to improve in-house collections and the collection of balances more than 60 days past due. The collections improvement program has two major benefits. First, it encourages personal responsibility, and second, it increases revenue. Improving collections benefits both the local jurisdiction and the State of Texas.

By the end of the session, participants will be able to:

1.   Explain the importance of court collections in municipal court;

2.   Discuss current debt collection laws;

3.   Analyze the effectiveness of their court's current collection procedures; and

4.   Integrate collections improvement techniques to increase collections in their courts.

Traffic Safety Update

This session will detail pertinent legislative changes made during the 81st Regular Legislative Session to procedural and substantive law contained in the Texas Transportation Code.

By the end of the session, participants will be able to:

1.   Identify the new legislation regarding traffic safety and the Transportation Code that applies to municipal courts;

2.   Compare and contrast the new legislation with the previously existing laws; and

3.   Determine what measures need to be taken in the participant's court to implement these new laws.

Procedural Update

This session is designed to inform municipal court personnel of the recent legislative changes that will affect how municipal courts handle the processing and adjudication of criminal causes of action.

By the end of the session, participants will be able to:

1.   Identify the new legislation regarding criminal procedural law that applies to municipal courts;

2.   Compare and contrast the new legislation with the previously existing laws; and

3.   Determine what measures need to be taken in the participant's court to implement these new laws.

This session will cover recent changes in Texas law relating to court costs as well as changes in law impacting the administration of municipal courts.

By the end of the session, participants will be able to:

1.    Identify the new legislation regarding court costs and administration that apply to municipal courts;

2.    Compare and contrast the new legislation with the previously existing laws; and

3.    Determine what measures need to be taken in the participant's court to implement these new laws.

By the end of the session, participants will be able to:

1.    Collect the correct information for reporting;

2.    Report electronically;

3.    Fill out monthly reports correctly;

4.    Correct errors on reports; and

            5.    Submit a timely report.

Domestic Violence Issues in Municipal Court

By the end of the session, participants will be able to:

1.   Identify the three phases of the cycle of family violence;

2.   Describe and employ legislative requirements for family violence cases; and

3.   Recognize practical and professional implications in dealing with family violence cases.

By the end of the session, participants will be able to:

1.    Explore what it takes to have successful teamwork; and

2.    Apply day-to-day techniques to maintain successful teamwork.

By the end of the session, participants will be able to:

1.    Identify the statutes and authorities pertaining to the impanelling of a jury;

2.    Discuss different methods to comply with the laws and establish an efficient process; and

3.    Summarize methods to properly summons and impanel a jury.

Commission on Judicial Conduct - Procedures

            By the end of the session, participants will be able to:

1.    Identify the steps used by the Commission on Judicial Conduct to investigate a complaint; and

2.    Identify resources helpful to courts concerning ethical issues.

By the end of the course, participants will be able to:

1.    Identify security measures that courts can implement;

2.    Examine areas of vulnerability; and

3.    Create a plan to strengthen safety measures of the court.

It's a Judgment Call: Commitment, Credit for Time Served, Community Service

By the end of the session, participants will be able to:

1.    Recognize the clerk's role in processing indigent jail time and community service;

2.    Determine the appropriate documentation; and

3.    Identify statutory references that apply to indigent findings, jail time, and community service.

Warrants, Capias, and Capias Pro Fines / Enforcement Tools

By the end of the session, participants will be able to:

1.    Properly prepare warrants;

2.    Identify new laws pertaining to warrants; and

3.    Define the clerk's role in the processing of warrants.

By the end of the session, participants will be able to:

1.    Examine the origins of safety restraint laws; and

2.    Identify and examine changes in the laws regarding safety restraints.

Federal law states that the State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state. Masking laws have historically been misunderstood and misinterpreted, but recently the State of Missouri requested clarification from the Federal Motor Carrier Safety Administration regarding the masking provisions outlined in the Motor Carrier Safety Improvement Act that became effective on September 30, 2005. Several scenarios were addressed and responses published. This session will examine the history of masking laws and look to the responses provided by the Federal Motor Carrier Safety Administration in an effort to "unmask" CDL masking laws.

By the end of the session, participantss will be able to:

1.    Describe the history of masking laws;

2.    Explain CDL masking; and

3.    Assess judicial acts for masking and ethical violations.

Juvenile Records: Expunction and Nondisclosure

New law mandates that criminal courts immediately issue a nondisclosure order on the conviction of a child for a misdemeanor offense punishable by fine only. Although this bill creates more work for all courts that adjudicate cases involving children accused of fine-only misdemeanors, it is intended to provide parity to children in the juvenile justice system. This new requirement will be compared and contrasted with expunction orders that have traditionally been available in municipal courts as a way of providing a measure of confidentiality for juvenile records.

By the end of the session, participantss will be able to:

1.    Describe nondisclosure and expunction orders related to juvenile Class C cases; and

2.    List the actions and orders required under nondisclosure and expunction laws. 

By the end of the session, participants will be able to:

1.    Define ethics and identify how it applies to each participant;

2.    Interpret the canons and the role they play in the actions of the clerks; and

3.    Distinguish between ethical and non-ethical situations.