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