Legislation of Interest: Criminal Justice Related Bills in the 81st Texas Legislature

This course is designed to provide prosecutors with a preview of pending legislation relating to criminal justice and municipal courts.

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

1.   Identify proposed legislation relating to adjudication of criminal cases in municipal courts; and

2.   Describe the implications of proposed laws.

 

Constitutional Criminal Procedure Issues and Traffic Stops

With the exception of those who exclusively handle criminal law matters, most city attorneys are not as familiar with the case law relating to traffic stops and related issues as prosecutors in county and district courts.  Because peace officers' encounters with drivers frequently constitute the basis of contested cases in municipal courts, it is critical that city attorneys in their roles as prosecutors and police legal advisors are familiar with the leading criminal procedure cases relating to automobiles.  In order to "do justice" in their dealing with pro se defendants and to effectively assess and reply to arguments made by criminal defense counsel, all city attorneys in their role as prosecutors must know the leading case law as it relates to interaction between the public, their vehicles, and the police.

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

1.   Describe the 4th Amendment standards applicable to traffic and vehicle stops;

2.   Define a "pre-textual stop;"

3.   Identify the scope and limits of police conduct as it pertains to motorists and passengers;

4.   Describe case law regulating searches of vehicles pursuant to arrest;

5.   Define the "automobile exception;" and,

6.   List the grounds and boundaries of inventory searches of impounded vehicles.

Ethics and the Proactive Prosecutor

City attorneys are unique in their diversity.  Some are part-time, some are full-time.  While some city attorneys specialize in particular areas of law, many are expected to be general law practitioners.  As prosecutors, all are ethically obligated to see that justice is done.  This course asks municipal prosecutors to examine the nature of their existence and how their circumstances affect how they conduct themselves as professionals.  

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

1.   Describe the differences and similarities between the types of municipal prosecutors in Texas;

2.   Identify common situations, both ethical and work-related, that confront all types of municipal prosecutors;

3.   Discuss methods of assuring cases are successful in municipal courts and allowing for prosecutors to effectively represent their clients; and,

4.   Explain ways prosecutors can deal with situations proactively in court, and why this approach may be beneficial.

 

This course is designed to keep municipal prosecutors apprised of recent events in case law and to identify opinions of interest issued by the Office of the Texas Attorney General.

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

1.   Explain how recent federal and state court decisions affect procedural and substantive legal issues in municipal courts;

2.   Explain how recent federal and state court decisions affect procedural and substantive legal issues pertaining to state magistrates;and,

3.   Summarize Texas Attorney General Opinions of interest to municipal courts.

 

Though surveys suggest that a majority of motor vehicle operators report regular use of passenger safety restraints, the fact remains that vagaries in the law, combined with "urban legends" about the law as it relates to safety belt use, remain.

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

1.    Identify statutes regulating the use of passenger restraints for adults and children;

2.    Describe National Highway Traffic Safety Administration (NHTSA) statistics regarding injuries and fatalities related to improper use and non-use of passenger restraints; and,

          3.    Apply relevant statutes to hypothetical situations.

The NHTSA has estimated that driver distractions are responsible for 25 to 30 percent of the 63 million vehicle crashes each year.  Municipal prosecutors can help change public attitudes about these crashes through effective and fair adjudication of these offenses, as well as public outreach presentations on the general topic.  

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

1.    Appreciate the seriousness of the ongoing debate regarding fatigued and distracted driving, and the socio-economic impact of fatigued and distracted driving;

2.   Describe the way in which fatigue and distraction impair safe driving;

3.   Discuss different jurisdictional approaches to addressing these behaviors; and,

4.   Discuss how prosecutors' awareness of these issues can help improve public safety.

Motorcycles and Related Law

At a time in which gasoline has reached an all time price, it should come of no surprise that people are actively seeking alternative forms of transporation.  Anecdotal evidence suggests that more people are purchasing motorcycles for their commute to work and to school.

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

1.   Identify state statutes governing the use of motorcycles;

2.   Describe NHTSA statistics regarding injuries and fatalities related to motorcycle  use; and,

3.   Delineate between a motorcycle operator's course and a driving safety course pursuant to Article 45.0511, Code of Criminal Procedure.

 

TexasSure: Technical Innovation in Vehicle Insurance Verification

TexasSure is a new vehicle insurance verification system that will ultimately allow law enforcement, county tax officials, and vehicle inspectors to confirm whether a vehicle in Texas has required personal auto liability insurance coverage.  Proponents claim that TexasSure will help reduce the number of uninsured vehicles in Texas.  Such proponents also claim that it will help stop the actions some motorists take to avoid the law, such as using counterfeit proof of insurance cards or obtaining insurance to get a card and then promptly canceling the policy once they have renewed their car registration or had their vehicle inspected.  Failure to Maintain Financial Responsibility is a criminal offense in Texas that falls within the concurrent original jurisdiction of a municipal court.  The unanswered question is what impact, if any, TexasSure will have on such cases filed in municipal courts.

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

1.    Answer nine general questions relating to TexasSure;

2.    Describe the source and type of information that will be contained in the TexasSure database;

3.    List what members of law enforcement will have access to TexasSure; and,

4.    Explain the possible implications of TexasSure on the adjudication of criminal offenses.

You've Got to Keep Them Separate: Public Inspection of Criminal Case Files

Every year municipal courts in Texas generate millions of documents.  During the same time they receive paper work from various sorts.  Each of these documents triggers a distinct series of legal rules relating to the public's right to know.  In their capacity as governmental attorneys, prosecutors should be familiar with the law governing requests to access criminal case files, regardless if the request comes from a defendant, the media, or a member of the public.  Balancing public access with particular exceptions can be a difficult task both legally and ethically.

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

1.    Distinguish between the Public Information Act, Rule 12 of the Rules of Judicial Administration, and the Common Law Right of Inspection;

2.    Define judicial records under Rule 12, and identify types of records that do not come under Rule 12;

3.   Explain the common law right of inspection with regard to court case records; and,

4.   Identify the ethical implications involved in processing a request for information.

 

Witness Preparation

Most criminal trials in Texas involve misdemeanors and are conducted in municipal courts.  One of the most frequent types of evidence at trial is witness testimony.  The presentation of such evidence poses unique problems for attorneys legally and ethically.

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

1.   Identify the primary problem areas for witness testimony;

2.   Describe methods and techniques to prepare witnesses and avoid testimony pitfalls;

3.   Explain the need for continuing education of witnesses, especially peace officers in developing testimony skills using the PAIR (acronym) techniques; and,

4.   Recognize the emerging emphasis in witness candor in courtroom proceedings.

Jury Selection

Many criminal law practitioners subscribe to the belief that no matter how good one's case is, trials are potentially won or loss during jury selection.  This session is designed to assist prosecutors to maximize their effectiveness during jury selection.

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

1.   Develop a pre-trial plan for jury selection;

2.   Assess the background and experience of the jury panel;

3.   Formulate questions that encourage jurors to tell you how they feel;

4.   Redirect difficult juror comments into ideas that support your position;

5.   Recognize when a juror is biased or prejudices and when to ask questions that will commit the juror to the bias or prejudice; and,

6.   Explain and justify your reasons for a challenge for cause.

E-mail, text messages, and social network services have revolutionized communication and the way that we live our lives.  Such new technologies are also the source of a new type of evidence.  The introduction of such evidence, however, poses unique challenges that prosecutors must be prepared to address.

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

1.   Define "electronically stored information" ("ESI") evidence;

2.   Describe types of ESI evidence that may be presented at trial; and,

3.   Explain what rules of evidence apply to ESI and when it is admissible.

Like many other things in our communities, junked vehicles come in all shapes, sizes, and accoutrements.  Some would say that a few of them travel down our roadways on a daily basis.  Under Texas law, however, that cannot be the case.  If it drives, it may not be legally roadworthy; but one thing is certain - it is not junk.

Junked vehicles are regulated by state law; however, state law permits city ordinances as long as those ordinances do not conflict with state law, and with respect to the definition of "junked vehicle" city ordinances may be more inclusive.  Just like many other areas of state and municipal law, this leaves us with some question concerning how this squares with the general rule of statutory construction that a city ordinance may not conflict with state law.

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

1.   Determine whether or not, under Texas law, a particular vehicle meets the requirements of a junked vehicle;

2.   Put together a defensible course of action for the proper citation and notice of hearing for a junked vehicle; and,

3.   Determine whether or not other issues, such as 1st Amendment rights, might become a part of a junked vehicle hearing.

Criminal responsibility usually attaches only when mens rea combines with volitional conduct, or the withholding of some required act (actus reus), combine to produce a public harm.  These components, mens rea and actus reus, are generally accepted as the formulation of what constitutes a "crime."  This formulation embraces the general notion that people are accountable for what they "do," but only if the prescribed mental state can be proben to exist at the time of their actions.  Texas law contains specific rules relating to culpable mental state that are fundamental in criminal cases.

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

1.    Locate provisions in the Texas Penal Code that govern the requirements of a voluntary act or omission and the requirement of a culpable mental state;

2.    Define the four culpable mental states contained in the Penal Code; and,

3.    Explain the requirement of culpability as it relates to fine-only offenses.

Twenty million foreign nationals visit the United States every year.  Twelve million residents of the United States are non-citizens.  This course is designed to increase awareness of both the legal issues that come to play when municipal judges in their roles as trial judge and magistrates come into contact with foreign nationals.

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

1.    Identify current immigration issues facing municipalities;

2.    Recognize legal and ethical obligations of municipal judges in construing ordinances;

3.    Understand a magistrate's legal and ethical obligations under the Vienna Convention on Consular Relations; and,

4.    Identify issues relating to Immigration and Customs Enforcement (I.C.E.) holds.