TEXAS JUDICIAL COUNCIL
MINUTES OF MEETING
February 29, 2000
10:30 A.M.
SUPREME COURT COURTROOM
201 W. 14th Street, 1st Floor
AUSTIN, TEXAS
COMMENCEMENT OF MEETING
On February 29, 2000, Chief
Justice Thomas R. Phillips called the regularly scheduled meeting of the Texas
Judicial Council (Council) to order at 10:45 a.m. in the Supreme Court
Courtroom in Austin, Texas.
ATTENDANCE OF MEMBERS
The Director of the Council,
Ms. Denise Davis, called the roll. The
following members of the Council were present:
Hon. Thomas R. Phillips,
Chief Justice, Supreme Court
Hon. Michael McCormick,
Presiding Judge, Court of Criminal Appeals
Hon. Marilyn Aboussie, Chief
Justice, 3rd Court of Appeals
Mr. James R. Brickman, Dallas
Mr. Joseph Callier, Houston
Ms. Delia Martinez Carian,
San Antonio
Hon. John Hill Cayce, Chief
Justice, 2nd Court of Appeals
Hon. Martin J. Chiuminatto,
Jr, Judge, Kleberg County Court at Law
Hon. Robert Duncan, Senator,
Lubbock
Hon. Pete Gallego,
Representative, Alpine
Ms. Ann Manning, Lubbock
Hon. Jim Parsons, Judge, 3rd
Judicial District Court
Hon. David Patronella, Judge,
Justice of the Peace Pct. 1 Pl. 2
Hon. David Peeples, Judge,
224th District Court
Hon.
Rodolfo Tamez, Presiding Judge, Corpus Christi Municipal Court
Hon. Mike Wood, Judge, Probate
Court No. 2
Members not in attendance
were: Mr. James Boswell, Senator Rodney Ellis, Deacon Jose Luis Lopez, Judge
Penny L. Pope, Judge Robin Smith, and Representative Senfronia Thompson.
With a quorum established,
the Council took the following action:
MINUTES OF THE PREVIOUS
MEETING
The minutes of the August 25,
1999 Council meeting were adopted.
LEGISLATIVE UPDATE AND
INTERIM COMMITTEE STUDIES
Denise Davis reviewed SB 1229
(passed during the 76th Legislative Session) which authorized a
$5,000 increase in the annual salary of the regional presiding judges who are
currently sitting on the bench. The
Council unanimously approved the increase in compensation retroactive to
September 1, 1999, the effective date of the bill.
Denise Davis reviewed SCR 15
concerning a proposed increase in juror pay.
The Council directed the Office of Court Administration (OCA) to examine
how other states address this issue, and to prepare a report prior to the next
Council meeting. The Council appointed
a subcommittee, chaired by Senator Duncan, to hold a public hearing in El Paso
to evaluate the effect of an increase in juror pay. The Council instructed OCA to conduct a survey among the various
counties in Texas to learn more about how juror pay is being addressed.
Denise Davis briefly
summarized and discussed the Senate and House Interim Committee Charges. Chief Justice Phillips asked the Council
members to be available to assist the legislative committees on any judicial issues.
UPDATE ON COMMITTEE ON
JUDICIAL CAMPAIGN FINANCE
Judge David Patronella
reported on the work of the Committee on Judicial Campaign Finance. The committee plans to meet in late
March.
UPDATE ON COMMITTEE ON
MEDIA AND THE COURTS
Mr. Osler McCarthy reported
on the work of the Committee on Media and the Courts. Osler McCarthy asked the Council to expand the Committee’s charge
to allow the Committee to propose advisory guidelines for those judges who
choose to allow cameras in the courtroom.
The Council approved the expansion of the Committee’s charge.
UPDATE ON COMMITTEE ON
JUDICIAL PERFORMANCE MEASURES
Representative Pete Gallego
reported on the work of the Committee on Judicial Performance Measures.
Representative Gallego informed the Council that the Committee work has also
been allocated among the Subcommittee on District Court Performance Measures
and the Subcommittee on Appellate Court Performance Reporting.
Mr. Diego Pena reported on
the work of the Subcommittee on Appellate Court Performance Reporting. Diego Pena asked the Council to approve the
Subcommittee’s projected time-table.
The Council approved the projected time-table set by the
Subcommittee.
Mr. James Brickman reported
on the work of the Subcommittee on District Court Performance Measures. James Brickman informed the Council that the
Subcommittee is studying the feasibility of implementing a Weighted Caseload
Model for Texas’ District Courts. The
Model is designed to contemplate the demands and complexity of different types
of cases. The Council also discussed
accounting for the differences in county court funding and support. James Brickman asked the Council to approve
the Subcommittee’s projected time-table.
The Council approved the projected time-table set by the
Subcommittee.
UPDATE ON COMMITTEE ON LAW
CLERK RECRUITMENT FOR THE COURTS
Mr. Diego Pena reported on
the work of the Committee on Law Clerk Recruitment. Diego Pena asked the
Council to approve the Committee’s proposed guidelines and application for the
Educational Loan Repayment Program. The
Council approved the guidelines and application prepared by the Committee.
UPDATE BY OFFICE OF COURT
ADMINISTRATION: MODEL JUROR SUMMONS AND QUESTIONNAIRE
Mr. Jim Bethke discussed SB
230 which requires OCA to develop a Model Uniform Written Jury Summons and
Questionnaire. The Council reviewed and
discussed OCA’s proposed draft of a model.
They directed Jim Bethke to revise the proposed model and to report to
the Council at the next meeting.
UPDATE BY OFFICE OF COURT
ADMINISTRATION: DIFFERENTIATED CASE MANAGEMENT PILOT PROJECT
Ms. Mary Cowherd discussed a
resolution for a grant application for first-year funding of a criminal
differentiated case management pilot project to be operated in Lubbock and
Hidalgo counties. Mary Cowherd asked the
Council to approve the resolution. The
Council members approved the resolution.
OTHER BUSINESS
Ms. Bree Buchanan of the
Texas Council on Family Violence discussed the importance of reporting the
number of protective orders issued each year in the State of Texas. Bree Buchanan asked the Council to authorize
OCA to gather the following statistics from each county: (1) the number of
final protective orders granted each year; and (2) the number of magistrates’
orders for emergency protection granted each year. The Council approved the measure, subject to the feasibility of
OCA collecting such data.
Denise Davis informed the
Council members that the Supreme Court issued a revised draft of the proposed
Visiting Judge Peer Review Rule to the Council for comments.
DATE OF NEXT MEETING
The Council tentatively
scheduled its next meeting for April.
ADJOURNMENT
There being no further
business before the Council, the meeting was adjourned at approximately 1:00
p.m.
_______________________
Thomas
R. Phillips
Chair