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We will be providing updates on this page related to courts and TMCEC events affected by the COVID-19 pandemic. For up-to-date information on TMCEC events, click on the Conferences & Events button or click here.
January 27: The Supreme Court of Texas issued the Final General Emergency Order Regarding the COVID-19 State of Disaster. It replaces the 59th Order and expires on March 1, 2023. Click here for a summary.
December 30: The Supreme Court of Texas issued the 59th Emergency Order that replaces the 57th Order that was set to expire on January 1, 2023. The 59th Order expires on February 1, 2023, unless extended by the Chief Justice.
October 31: The Supreme Court issued the 57th Emergency Order, which renewed the 55th Emergency Order (without making any substantive changes). Subject to constitutional limitations, Texas courts are still permitted to conduct virtual proceedings without participants’ consent. Municipal courts still must not require lawyers, parties, or jurors to appear remotely for jury trials unless the court has “considered on the record or in a written order any objection or motion related to proceeding with the 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.”
August 31: The Supreme Court issued the 55th Emergency Order, which will replace the 52nd Emergency Order on September 1. 2022. The 55th Order expires on November 1, 2022 and addresses remote proceedings.
June 20: The Supreme Court issued the 52nd Emergency Order, effective July 1. This order renews the 51st Emergency Order, and extends its provisions until September 1, unless extended by the Chief Justice.
May 25: The Supreme Court issued the 51st Emergency Order. The Order, among other things, continues to allow remote participation in court proceedings with limitations.
March 22: The Supreme Court issued the 49th Emergency Order that replaces the previous general emergency order (45th) that was set to expire on April 1. The 49th Emergency Order expires on June 1, 2022, unless extended by the Chief Justice.
January 19: The Supreme Court issued the 47th Emergency Order that replaces the previous general emergency order (45th) that was set to expire on February 1. The 47th Emergency Order leaves in place all provisions of the prior emergency order (45th). Below are key provisions of the order.
- Leaves in place the time period for justice and municipal courts’ authority to modify or suspend trial-related or pretrial hearing-related deadlines and procedures for a stated period ending no later than March 1, 2022;
- Subject to constitutional limitations and review for abuse of discretion, continues the authority of all courts, without a participant’s consent, to require or allow remote hearings, consider sworn statements made out of court or sworn testimony given remotely, conduct proceedings away from the court, require participants to provide certain COVID-related information to the court, and take any other reasonable action to avoid exposing court proceedings and participants to the threat of COVID-19;
- In criminal cases where confinement in jail or prison is a potential punishment, remote jury proceedings must not be conducted over the objection of the defendant or the prosecutor. In all other cases, continues the authority of courts to conduct remote jury trials without consent, except that the court must consider on the record or in a written order any objection or motion related to the remote jury proceeding;
- Provides that a timely objection to a remote jury proceeding may be granted for good cause;
- Continues the authority of the chief justices of the courts of appeals and local administrative district judges/municipal court presiding judges to mandate compliance with the minimum standard health protocols that they adopt for their courtrooms and the public areas of court buildings;
- Requires OCA to continue issuing best practices as necessary.
The 47th Emergency Order expires on April 1, 2022, unless extended by the Chief Justice.
November 23: The Supreme Court of Texas issued the 45th Emergency Order Regarding the COVID-19 State of Disaster, which renews and amends the 43rd Order to, among other things, permit: (1) all Texas courts to use teleconferencing and videoconferencing in any case (civil or criminal) through February 1, 2022; (2) justice and municipal courts to modify or suspend pre-trial hearing and trial-related deadlines and procedures; and (3) all courts to to continue to use reasonable efforts to conduct proceedings remotely with parameters exceptions. The Order provides that justice and municipal courts that have not already done so should move swiftly to return to regular pretrial and trial proceedings as soon as reasonably feasible before March 1, 2022.
September 21: The Supreme Court of Texas issued the 43rd Emergency Order Regarding the COVID-19 State of Disaster, which replaces Emergency Order 40. Emergency Order 43 is effective October 1, 2021, and expires on December 1, 2021, unless extended by the Chief Justice. The Order permits, until December 1, 2021, courts to use video and teleconferencing methods in civil and criminal cases; allows justice and municipal courts to suspend or modify certain deadlines; and allows courts to continue to use reasonable efforts to hold proceedings remotely with certain actions required.
September 17: TMCEC launched AY 22. Registration is open for most fall events through December 31, 2021. Please review the TMCEC COVID-19 Protocols for Live, In-person Events. Additional events will be added throughout AY 22. See the online schedule for the most up-to-date information.
July 19: The Supreme Court of Texas issued the 40th Emergency Order Regarding the COVID-19 State of Disaster, which replaces Emergency Order 38 and permits courts to modify or suspend deadlines and procedures through October 1st; permits courts to continue to use reasonable efforts to hold proceedings remotely; permits all courts to hold in-person proceedings, including jury trials; encourages the adoption of minimum standard health protocols and an in-person schedule; terminates locally adopted plans and minimum standard health protocols unless readopted by local officials on or before September 1st; and permits courts to hold virtual jury proceedings in certain cases with technology provided to certain prospective jurors.
May 26: The Supreme Court of Texas issued the 38th Emergency Order Regarding the COVID-19 State of Disaster, which replaces Emergency Order 36 and permits courts to modify or suspend deadlines and procedures through August 1, 2021; encourages courts to continue to use reasonable efforts to hold proceedings remotely; permits all courts to hold in-person proceedings, including jury trials, after certain actions, including adoption of minimum standard health protocols and an in-person schedule; permits courts to hold virtual jury proceedings in certain cases with technology provided to certain prospective jurors; extends the possession and access to a child provisions from previous orders; extends the ability for an attorney professional disciplinary or disability proceeding to conduct proceedings remotely.
May 18: Governor Greg Abbott issued Executive Order No. GA-36 prohibiting governmental entities and officials from mandating face coverings or restricting activities in response to the COVID-19 disaster.
March 23: Chief Justice Nathan Hecht delivered his State of the Judiciary address. Highlights include open courts, remote proceedings, virtual jury trials, backlogs, bail reform, mental health, juvenile justice, and the effect of the pandemic on access to justice.
March 5: The Supreme Court of Texas issued the 36th Emergency Order Regarding the COVID-19 State of Disaster, removing requirements that all but certain proceedings be remote. The Court encourages remote trials and hearings and gives local presiding judges authority to require masks for participants and to impose physical distances for in-person proceedings. The order lifts the prohibition on in-person municipal and justice court proceedings but allows those courts to hold proceedings by electronic means. Under the order, courts retain the authority to modify or suspend any and all deadlines and procedures through June 1. The order details required protocols for conducting in-person proceedings, including both jury and non-jury proceedings. The order also specifies that, if requested and good cause is shown by a court participant other than a juror, a court must permit the participant to participate remotely in any proceeding, subject to constitutional limitations. According to the order, OCA should issue updated best practices to assist courts on safely conducting in-person and remote court proceedings. Questions about the emergency order may be addressed to coronavirus@txcourts.gov.
March 2: In response to questions concerning the effect of the Governor’s Executive Order No. GA-34 on Texas courts, the Supreme Court’s Emergency Orders, and OCA’s Guidance, David Slayton, Administrative Director, OCA, sent COVID Update #20 to judges, clerks, and court staff. In that update, he stated that since the Governor did not rescind the disaster declaration, the Supreme Court’s Emergency Orders remain in effect until the Supreme Court rescinds, amends, or allows the orders to expire. The Court’s current general emergency order, the 33rd Emergency Order, is currently set to expire on April 1, unless extended. As has been typical during the pandemic, the Court reviews its emergency orders regularly and was already planning on doing so for the 33rd Emergency Order in the coming days. OCA anticipates the Court will issue another general emergency order soon, and OCA will revise its Guidance to reflect any changes required by the order at that time. Contact OCA with questions and concerns: coronavirus@txcourts.gov.
March 2: Governor Greg Abbott issued Executive Order No. GA-34 relating to the opening of Texas in response to the COVID-19 disaster, effective March 10, 2021. This Order rescinded Executive Orders GA-17 (establishing Strike Force to Open Texas), GA-25 (in-person visitation at county and municipal jails), GA-29 (requiring face coverings), and GA-31 (hospital capacity). The Order removes operating limits for businesses, encourages but does not require wearing of face coverings, and authorizes county judges to impose certain occupancy limits in businesses and certain other establishments if hospitalization rates are high. GA-10 (daily reporting) and GA-13 (detention in county and municipal jails) remain in effect.
January 14: The Supreme Court of Texas issued the 33rd Emergency Order that renews the 29th Emergency Order and sets out the limitations and criteria for jury trial proceedings through April 1, 2021. Key highlights from the Order are (See Order for full details):
- Courts are required to continue to use all reasonable efforts to conduct proceedings remotely and are prohibited from conducting in-person proceedings contrary to the Guidance for All Court Proceedings During the COVID-19 Pandemic.
- Justice and municipal courts are prohibited from holding an in-person jury proceeding prior to April 1, 2021.
- Except for criminal cases where confinement in jail or prison is a potential punishment, judges may conduct remote jury proceedings as long as the court considers on the record any objection or motion related to proceeding with the remote jury proceeding at least seven days before the proceeding or as soon as practicable if the objection or motion is made or filed within seven days of the jury proceeding.
- Except for non-binding proceedings, a judge may not permit or require a petit juror to appear remotely unless the judge ensures they have access to technology to participate remotely.
- Judges may continue to conduct proceedings remotely away from the court’s usual location with reasonable notice and access to the participants and the public.
December 31: Based upon feedback, OCA and the regional presiding judges developed a template for the recertification of in-person operating plans. The deadline for submission has been extended to January 11.
December 17: The Office of Court Administration sent COVID Update #19 to judges, clerks, and court staff – Required Recertification for In-Person Proceedings on or after January 1, 2021:
- The local administrative district judge (LADJ) or presiding judge of a municipal court (PJ) must consult with the local public health authority to review a previously-submitted in-person proceeding operating plan to determine whether the plan provides sufficient health and safety protocols to permit in-person proceedings. LADJs and PJs should discuss with the local public health authority whether current local pandemic conditions are conducive to in-person proceedings and what precautions should be taken when those proceedings are conducted. Documentation of the consultation must be submitted with the recertification.
- The LADJ and PJ must, after conferring with the judges of all courts with courtrooms in county building (LADJs) or municipal buildings (PJs), state the objective criteria that will be used to determine when an in-person proceeding is necessary and when all reasonable efforts do not permit the proceeding to be conducted remotely. The criteria should be specific and not include broad case of hearing type categories (e.g. courts may not indicate that all motions to suppress will be held in person, etc.). Examples of criteria may include items such as inability of parties to participate due to a disability or lack of technology. If a LADJ or PJ has questions about whether certain criteria are appropriate for in-person proceedings, please contact the Regional Presiding Judge.
- The LADJ and PJ should submit the recertification to the Regional Presiding Judge. Upon written acknowledgement from the Regional Presiding Judge that the recertification meets the requirements, the courts in the county or city may commence in-person proceedings only in accordance with the Supreme Court’s most recent emergency orders, guidance issued by the Office of Court Administration (OCA), the county/city operating plan, and the criteria stated in the recertification. The Regional Presiding Judge must forward a copy of each recertification to the OCA at coronavirus@txcourts.gov.LADJs or PJs who wish to update their operating plans should follow the process detailed in the Guidance for All Court Proceedings During COVID-19 Pandemic (Effective October 1, 2020).
December 15th: The Texas Department of Motor Vehicles announced that the temporary waiver of certain vehicle title and registration requirements will end on April 14, 2021. The waiver was originally announced by Governor Abbott on March 16, 2020.
November 11th: The Supreme Court of Texas issued the 29th Emergency Order extending previous limitations on jury trials through February 1, 2021. The Order requires courts to continue using all reasonable efforts to hold proceedings remotely and to follow OCA’s Guidance for all Court Proceedings.
September 18th: The Supreme Court of Texas issued the 26th Emergency Order (effective October 1st), which sets out the limitations and criteria for jury trial proceedings on or after October 1st. Specifically, a “justice or municipal court must NOT hold an in-person jury proceeding, including jury selection or a jury trial, prior to December 1, 2020.” This Order replaces the 22nd Emergency Order.
August 31st: Pursuant to the 22nd Emergency Order Regarding the COVID-19 State of Disaster, OCA issued Jury Trials During the COVID-19 Pandemic: Observations and Recommendations. The report details the actions of the Texas judiciary during the pandemic and observations from the 20 jury trials that have been conducted under the Supreme Court of Texas Emergency Orders. The report also provides 11 recommendations for the Court to consider.
August 7th: The Supreme Court of Texas issued the 23rd Emergency Order Regarding the COVID-19 State of Disaster extending the deadline for payment of State Bar membership fees to October 31, 2020.
July 17th: The Conference of Regional Judges provided a summary of the Texas Supreme Court’s 18th Emergency Order and OCA’s Guidance to correct any misinterpretation and to ensure compliance with both.
July 6th: TMCEC has canceled all in-person seminars and events and will focus exclusively on distance learning for the remainder of the 2020 Academic Year (ending August 31, 2020). See the official release from the executive director here. See the Online Education Guide here.
June 29th: The Supreme Court of Texas issued its Eighteenth Emergency Order Regarding the COVID-19 State of Disaster. This Order extends and amends the Seventeenth Emergency Order and generally prohibits jury proceedings until September 1 (authorizes a limited number of jury proceedings under certain conditions).
May 26th: The Supreme Court of Texas issued its Seventeenth Emergency Order Regarding the COVID-19 State of Disaster. This Order amends existing provisions from the omnibus Twelfth Emergency Order signed on April 27th. Among other things, the Order generally prohibits jury proceedings, including jury selection or a jury trial, prior to August 1, 2020 until further guidance is provided by OCA.
May 7th: Governor Abbott issued Executive Order No. GA-22 relating to confinement during the COVID-19 disaster.
May 4th: OCA issued Guidance for All Court Proceedings During the COVID-19 Pandemic for proceedings on or after June 1, 2020. (Note: Some courts have asked about the DSHS Stop the Spread of Germs flyer referenced in OCA’s guidance. It is linked here for convenience.)
For a list of Presiding Judges of the 11 Administrative Judicial Regions in Texas as of May 18, 2020, click here. Note that this document is the product of individual searches. Judges should call first to make sure they are sending their operating plan to the right place.
April 27th: Governor Abbott issued Executive Order No. GA-18 relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the COVID-19 disaster. The order continues until May 15, 2020.
April 27th: Chief Justice Nathan L. Hecht issued the Twelfth Emergency Order Renewing, Clarifying, and Amending Previous Emergency Orders. Notably, the Order prohibits courts from conducting in-person proceedings contrary to guidance issued by OCA regarding social distancing, maximum group size, and other restrictions and precautions. The Order expires June 1st except as noted within the Order.
April 17th: OCA issued updated guidance on conducting court proceedings based upon the Guidelines for Opening Up American Again released by President Trump and the White House Coronavirus Task Force and Governor Abbott’s executive orders.
April 17th: Governor Abbott issued three new executive orders intended to begin lifting certain restrictions in place due to the pandemic: GA-15 (relating to hospital capacity); GA-16 (relating to the safe, strategic reopening of select services); and GA-17 (establishing the Governor’s Strike Force to Open Texas).
April 10th: A Travis County District Judge granted an application for a temporary restraining order and issued a temporary restraining order prohibiting the Governor and Attorney General from enforcing Executive Order GA-13 against judges. GA-13 relates to the release on a personal bond of inmates in jail who have previously been convicted of a crime involving physical violence or the threat of physical violence or of any person currently arrested for such a crime that is supported by probable cause.
April 6th: The Office of Court Administration shared two resources:
- Background and Legal Standards–Public Right to Access to Remote Hearings During COVID-19 Pandemic discusses the orders, constitutional provisions, statutes, and case law that guide a court in this decision.
- Livestream Bench Card: Procedure for Limiting Public Access via Livestream discusses how a judge should proceed if the judge is considering closing a livestream from public view.
April 2nd: The Office of Court Administration issued updated Court Operation Guidance.
April 1st: The Supreme Court of Texas issued its Eighth Emergency Order Regarding the COVID-19 State of Disaster. This Order relates to service and statute-of-limitations deadlines in civil cases.
March 31st: Governor Abbott issued Executive Order GA-14, effective at 12:01 a.m. on April 2 through April 30, which requires that every person in Texas, except where necessary to provide or obtain essential services, minimize social gatherings and minimize in-person contact with people who are not in the same household. The Order defines “essential services” to include everything in the U.S. Department of Homeland Security’s Guidance on Essential Critical Infrastructure Workforce, plus religious services conducted in churches, congregations, and houses of worship or any other essential service added to the list with the approval of the Texas Division of Emergency Management. Note that “workers supporting the operations of the judicial system” are listed in the federal guidance as an essential service.
March 30th: The Texas Court of Criminal Appeals issued an Emergency Order Regarding the Rules of Judicial Education. See the official release from the Executive Director here.
March 27th: TMCEC has canceled or postponed all seminars and in-person events through May 8th. Online webinars will be continued as scheduled. See updated schedule here and official release from the Executive Director here.
March 24th: The Supreme Court of Texas issued its Seventh Emergency Order Regarding the COVID-19 State of Disaster. This Order relates to possession schedules in Suits Affecting the Parent-Child Relationship.
March 24th: The Supreme Court of Texas issued its Sixth Emergency Order Regarding the COVID-19 State of Disaster. The 2020 elections for presidents-elect and directors of the State Bar of Texas and the Texas Young Lawyers Association must be conducted online only, by electronic vote, and not by paper ballot. The voting period is extended to 5 p.m. on May 29, 2020.
March 23rd: The State Bar of Texas MCLE Department will grant an automatic 60-day extension to attorneys reaching their compliance deadlines in March, April, or May. Attorneys who missed compliance deadlines in January or February will receive an automatic 60-day extension to prevent the assessment of further fees. Attorneys now subject to suspension for failing to comply with MCLE requirements in November or December will have an additional one-month extension.
March 20th: The Supreme Court of Texas issued its Fifth Emergency Order Regarding the COVID-19 State of Disaster. All deadlines, whether prescribed by statute, rule, or order, related to attorney professional disciplinary and disability proceedings are tolled.
March 19th: OCA recommends that courts continue to delay in-person proceedings of any size until at least May 1. However, in an effort to assist judges to hold both essential and non-essential proceedings remotely, OCA has tested and procured licenses from Zoom to permit any judge in the state to host and provide public access to the proceedings. To sign up for this free service, submit the required information at https://www.surveymonkey.com/r/TXCourtszoom. If your court does not already have a YouTube channel (recommended for public access), OCA has provided instructions for setting one up. If you already have a Zoom account, it will be linked to the state account, providing additional functionality to your account.
UPDATE: OCA hosted a webinar to provide an overview of the Zoom service on March 23, 2020. To view the recorded webinar, visit: https://attendee.gotowebinar.com/register/7800155795441656331.
OCA has established a specific email address to field questions, comments, or to be made aware of issues related to COVID-19: coronavirus@txcourts.gov.
March 19th: The Supreme Court of Texas and the Texas Court of Criminal Appeals issued its Third Emergency Order Regarding the COVID-19 State of Disaster. This order amends the first emergency order by:
- striking the requirement that proceedings be conducted in the county of venue (still requires notice and public access)
- clarifying applicability to all proceedings under Subtitle E, Title 5 of the Family Code (Child Abuse and Neglect Cases) and dismissal deadlines related to termination cases filed by the government
This order also prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size. (UPDATE: According to OCA, examples of essential functions include: criminal magistration, CPS removal hearings, temporary restraining orders/temporary injunctions, juvenile detention hearings, family violence protective orders. To inquire whether you believe a proceeding is an essential function, email coronavirus@txcourts.gov.)
March 17th: TCCA has released updated requirements for Court Clerk Certification; you can read the release here.
March 17th: The Supreme Court of Texas issued its Second Emergency Order Regarding the COVID-19 State of Disaster (clarifies that child possession schedules establishing access to a child under a court-ordered possession schedule are not affected by the school’s closure that arises from an epidemic or pandemic and that the original published school schedule controls).
March 16th: Governor Greg Abbott waived certain vehicle registration, titling, and parking placard regulations in Texas. Click here for more information.
March 16th: TMCEC has canceled or postponed all seminars and in-person events through April 10th. Online webinars will be continued as scheduled. See updated schedule here and official release from the Executive Director here.
March 13th: The Supreme Court of Texas and the Texas Court of Criminal Appeals issued its First Emergency Order Regarding the COVID-19 State of Disaster. This order permits all courts in Texas to do the following without a participant’s consent (and requires the following to avoid risk to court staff, parties, attorneys, jurors, and the public):
- Modify or suspend any and all deadlines and procedures prescribed by statute, rule, or order for a stated period ending no later than 30 days after the Governor’s State of Disaster has been lifted
- Allow or require anyone involved in any hearing, deposition, or other proceeding of any kind – including a party, attorney, witness, or court reporter, but not a juror – to participate remotely, such as by teleconferencing, videoconferencing, or other means
- Consider as evidence sworn statements made out of court or sworn testimony given remotely, out of court, such as by teleconferencing, videoconferencing, or other means
- Conduct proceedings away from the court’s usual location, but in the county of venue, and only with reasonable notice and access to the participants and the public. (strike-through based on Third Emergency Order above).
- Require every participant in a proceeding to alert the court if the participant has, or knows of another participant who has, COVID-19 or flu-like symptoms, or a fever, cough or sneezing
- Take any other reasonable action to avoid exposing court proceedings to the threat of COVID-19
- Extend the statute of limitations in any civil case for a period ending no later than 30 days after the Governor’s state of disaster has been lifted
March 12th: OCA has released updated guidelines for courts; read the release here.
March 12th: “TMCEC is vigilantly monitoring events related to the Coronavirus in Texas. At this time, all TMCEC events are proceeding as planned.” Read the full statement from TMCEC’s Executive Director here.
March 9th: We are monitoring the situation daily. At this point all seminars are continuing as planned. For more information we encourage you to read a statement from TMCA and a statement from OCA.