Coronavirus Updates - Gunter and Bennett Defense Attorneys

Juvenile Court Standing Order (Dated 3-16-20) (For now, juvenile court is only holding court on Mondays, Wednesdays and Fridays. All hearings will be at 10:00 a.m.)

Juvenile Court Updated Order (Dated 4-10-20)

Procedures for Bond Review Docket (sent out 3-22-20)

Procedures for MH Special Review Docket (sent 3-23-20)

Performance Guidelines for Juvenile Cases

Mental Health Cases: (Excerpt from Carrie Peace email dated 3-20-20)

For right now, the updates Mallory is providing are crucial and appreciated. I am sharing the Integral Care notes on the defendants that she provides during our skeleton crew staffing. And, Jeff has noted MCOT referrals. The county is working feverishly on video conferencing. It’s close, but not quite up and running just yet. I asked the Judge about this the other day and who all should be included once this has been put into place. She believes, for the moment at least, that not having too many people on that video call is necessary. Court Administration has explained that during the simulations completed so far, the more number of people on the call the more complex and time consuming each call becomes.

Carrie Peace, (512) 854-6222, [email protected]

Mallory Hakes, [email protected]

Elizabeth Baker, 512-804-3230, [email protected]

FELONIES

2nd Amended Order Suspending the Execution of Warrants for Certain Cases (6-1-20)

Spreadsheet from the DA’s office with court schedules (Dated 3-19-20 *note: downloads in excel format)

Standing Order on the Execution of Warrants for Certain Cases (does not apply to 331st)

Filing of SIGNED orders in felony cases. Email SIGNED order to [email protected]. This does not impact the e-filing requirement in any way.

Obtain certified copies of expunction orders by emailing: [email protected]

PRETRIAL SERVICES / JAIL RELEASE

Standing Order for Personal Bonds on certain felony cases in Travis County

Email from Stacy Brown, Pretrial Division Director dated 3-21-20:

Pretrial Services (PTS) will begin the process of releasing Personal Bond packets electronically via DocuSign on Saturday, 3/21/20. Due to staffing levels and the need for staff training, this will be done on a limited basis, during the hours of 8am-5pm, on Saturday and Sunday with extended implementation on Monday 3/23/20.

This process may be initiated by a Judge or by the Attorney of Record. Signed Personal Bonds will be returned to PTS via DocuSign for processing. PTS will then submit the completed Personal Bond and applicable condition forms to the jail. We recognize this is a new process and would welcome any feedback. Please see below for further details.

Judge’s Request: The Judge may request an electronic version of a personal bond by sending an email to [email protected] and include the following identifying information:

· Defendant name

· Booking Number

· Cause Number

· Conditions of Bond – PTS recommended conditions will be on bond. If specific conditions are known at time of request, PTS will update the Condition Order Form prior to uploading documents. Note, conditions can be added removed once received electronically as described below.

The Bond packet, which includes the Personal Bond, Condition Order Form, and Pretrial Investigation Report, will be emailed to the Judge via DocuSign. Once the Judge receives the DocuSign email, the Judge will be prompted to sign and date on the Judge’s signature line on the Personal Bond. If there are any recommended bond conditions, the Judge will be prompted to sign and date on the Judge’s signature line on the Condition Order Form. For now, if the Judge would like to remove or add bond conditions, this can be done in the text box that will be located in the Other Conditions section of the Condition Order Form. If there is nothing written in the Other Conditions section, the recommended conditions will remain.

Attorney of Record’s Request:

The Attorney of Record may also request an electronic version of a personal bond by sending an email to [email protected] and include the following identifying information:

· Attorney of Record

· Defendant Name

· Booking Number

· Additional Information relevant to the Personal Bond or investigation

· Judge who bond will be sent, if known

The Bond packet, which includes the Personal Bond, Condition Order Form, and Pretrial Investigation Report, will be emailed to the attorney via DocuSign, and when applicable, a particular Judge. In this scenario, an attorney may have already discussed the bond with a Judge who would be included in the DocuSign email sequence in order to obtain their signature.

We hope this process will assist the Courts with completing bonds in a more efficient manner by minimizing or eliminating the need to need to print and then scan the PR documents back to PTS. Please feel free to send bond related questions or requests to the new email address: [email protected]

Finally, PTS will soon follow with creating a similar process for completing PR bond Motion Offs electronically using DocuSign. Information will be sent once this has been established.

WILLIAMSON COUNTY

All jury trials have been cancelled through April 1, 2020. Courts hearing individual cases will send information to the bar regarding restructuring of criminal dockets.

MISDEMEANORS

Standing Order from County Court At Law Judges (dated 3-19-2020)

County Court #1: Per coordinator, not many cases set in March and settlement week is 3/30 – 4/3 so no cases set that week anyway. Click HERE for list of rescheduled court dates sent out 3-17-20.

County Court #2: Coordinator says she will be resetting all criminal cases in March, other than jail cases. They will be reset about 8 weeks.

3-20-20 email from Flor: I have received direction from Judge Barker on cases that are set in April.

Judge Barker wants the defense attorneys to continue to work their cases with the county attorney’s office. All your negotiations must be done outside of court that includes jail cases. If you are ready to plea we will schedule you a court date. If your client is doing jail time or probation your client can plea and reset for sentencing. Attorneys have been requesting to plea for jail time, but the jail is not taking anyone in at this time.

I will be giving the prosecutors all my April dockets so they can start working with you and hopefully have resolutions for some of your clients during these difficult times. I will be resetting cases, but not so blanket as the last one. When you know that your case is not ready or is ready to plea please let me know. I can only have ten people total in the courtroom so that limits how many can be set at a time. We will work to get as many as we can to finalize their cases.

Order regarding Veteran’s Court (4-3-20)

Order regarding DWI/Drug Court (4-8-20)

County Court #3:

5-13-20 Arnold plans to resume in-person pleas starting June 1st. This will be on a limited and voluntary basis. All paperwork will be electronic and the clerk’s office has the ability to take fingerprints electronically. Call the court coordinator for a setting and further instructions.

See Judge Arnold’s Memo on Family Cases (dated 3-23-20)

FELONIES

See General Order & Information from Williamson County District Judges (signed 3-17-20)

See Memo from Williamson County District Judges (dated 3-18-2020)

3-21-20 email from Jennifer Tredemeyer:

All dockets are being held in the 26th District Court; however the judges are on a rotating schedule. The judges are all hearing each other’s assigned cases. My understanding is that the judge schedule is as follows, although, subject to change:

Monday morning- Mathews; Monday afternoon King

Tuesday all day- Kennon

Wednesday all day- Kennon

Thursday morning- Mathews; Monday afternoon King

368th: All cases through June 9th have been reset. Click HERE to see reset dates.

277th: From Judge Matthews: Attorneys will each receive a detailed letter from the Criminal District Court Judges with information about upcoming dockets and procedures. In the meantime, this letter is regarding dockets in the 277th for next week. ALL CASES will be reset until the following dates: Tuesday March 17, 2020 will be reset until June 16, 2020 at 9:00 am; Wednesday March 18, 2020 will be reset until June 17, 2020 at 9:00 am; Thursday March 19, 2020 will be reset until June 18, 2020 at 9:00 am

See Matthews Memo re Juvenile Court Operations (Dated 3-23-20)

3-17-20: You will each be receiving a detailed letter from the Criminal District Court Judges with information about upcoming dockets and procedures. In the meantime, this letter is regarding dockets in the 277th for next week. ALL CASES will be reset until the following dates: Wednesday March 25, 2020 will be reset until June 24, 2020 at 9:00 am

26th: All cases have been reset. Click HERE for a chart of resets.

HAYS COUNTY

County Courts: HAYS COUNTY COURTS AT LAW DOCKETS: Effective immediately, Nonessential Hearings and Court Appearances are reset through April 3, 2020. Cases will be given a new date and you will receive notice in the mail of your re-set date, if you have not already been contacted by phone. No warrants shall issue for a failure to appear on those dates. Any party who wishes to enter a plea may do so, safety procedures have been put into place for the courtrooms, including social distancing and disinfecting. We have strongly encouraged the District Attorney’s Office to utilize “plea in absentia” paperwork for appropriate cases. However, that decision is up to the DA’s office. THE HAYS COUNTY COURTS AT LAW CRIMINAL JURY DOCKETS FOR THE WEEKS OF MARCH 23, 2020 AND APRIL 6, 2020 ARE TO BE RESCHEDULED. JURORS WILL NOT BE REQUIRED TO APPEAR. Jail Docket will be held via video conferencing.Through April 3, 2020, the only in-person hearings will be limited to Essential Proceedings. Essential Proceedings will include CPS removal hearings, temporary orders, juvenile detention hearings, family violence protective orders, emergency guardianships, writs of habeas corpus and mental health proceedings. This date may be extended based on recommendations of the OCA, CDC and by Order of the Supreme Court of Texas.

From the Hays County Bar Association:

All cases and settings in District Courts are cancelled until April 12, 2020.

All jury trials are cancelled until May 31, 2020.

All hearings are cancelled in County Court at Law until April 6, 2020.

BASTROP COUNTY

Jennifer has reset all dockets in County Court through April 9th.

See Judge Corbett’s Order

See Judge Campbell’s Order

BURNET COUNTY

By the recommendations set out by the Texas Office of Court Administration, for the safety of the public and court personnel due to the COVID-19 virus, all dockets for the County Court at Law have been canceled through April 10, 2020. All Jury Trial settings have been canceled through April 30, 2020. Please note that these dates are subject to extension should the situation change. If you have a case set during that time, please e-mail Jayme Ingram at [email protected] to discuss your reset date. The Court will make every effort to reset these cases as quickly as possible. Court personnel will be available during this time for essential court proceedings. Essential Court proceedings include: 1. Temporary Restraining Order requests and hearings; 2. Family Violence Protective Order requests and hearings; and 3. Certain Mental Health proceedings. Hearings may be held, at the Court’s discretion, by telephone or remote appearance. Inquiries to the Court should be e-mailed to the Court Coordinator, Jayme Ingram at [email protected] as it may become necessary for Court staff to work remotely.

COMAL COUNTY

Order from County Courts 1 & 2 (dated 4-8-20)

From Court Coordinator (5-27-20):

The docket for June have been reset to the below dates. Thank you!

June 8, 2020 has been reset to October 5, 2020

June 9, 2020 has been reset to August 25, 2020

June 10, 2002 has been reset to August 26, 2020

Jury for June 15, 2020 has been reset to August 31, 2020 Docket call will be August 25, 2020 @ 10:00 a.m.

June 9, 2020 Motion to Suppress docket has been reset to August 25, 2020 @ 1:30 p.m.

June 22, 2020 has been reset to October 19, 2020

June 23, 2020 has been reset to July 28, 2020

June 24, 2020 has been reset to July 29, 2020

District Courts: As of 5pm today, March 17th, 2020 all Jury Trials are canceled through May 31st, 2020. Additionally, all Non Jury Dockets are cancelled through April 12th, 2020.

From the county court coordinator (6-1-20)

In the interest of keeping everyone in Comal County safe, including court staff, defendants, and attorneys,

· Comal CCAL#1 has cancelled the criminal dockets through June 26, 2020. All Jury Trials are cancelled through July 31, 2020.

· Notices with the new date and time will be mailed out to either defendants and/or attorneys.

· The court continues to hold any essential and requested proceedings by virtual conferencing.

· Pleas continue to be accepted by submission or heard through ZOOM.

If you have any questions or need to request a hearing, please contact the court administrator by phone or e-mail. Also, refer to the Court’s online portal (under the Dockets Tab) to be informed of any changes.

BRAZOS COUNTY

All cases set in the 272nd District Court and the Felony Associate Court for Monday March 16, 2020 are cancelled. Reset notices will be issued at a later date. Court Court at Law No. 1 will be cancelling court/dockets for the Week of March 16, 2020. This will include Associate Court 1 on Monday March 16th and Wednesday, March 18th. All jury Trials set for Monday, March 16, 2020 have been cancelled.

CALDWELL COUNTY

See Letter from District Courts Dated 3-18-20

Jury Trials through May 31st cancelled.

Non Jury dockets through April 12th cancelled.

Essential hearings such as magistration, writs of habeas corpus will be conducted.

STATE OFFICE OF ADMINISTRATIVE HEARINGS (i.e. DL Hearings)

ALR Hearings – Current Order dated 4/28/20

Email to serve APD liaison for subpoenas: [email protected]

TEXAS DEPARTMENT OF CRIMINAL JUSTICE:

TDCJ has suspended all unit visits until further notice. All parole hearings will be conducted by telephone.