TEXAS JUDICIAL COUNCIL

 

MINUTES OF MEETING

June 20, 2001

10:30 A.M.

SUPREME COURT COURTROOM

201 W. 14th Street, 1st Floor

AUSTIN, TEXAS

 

 

 

COMMENCEMENT OF MEETING

On April 5, 2001, 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. Elizabeth Kilgo, called the roll.  The following members of the Council were present:

 

Hon. Thomas R. Phillips, Chief Justice, Supreme Court

Ms. Willie Jean Birmingham, City Commissioner, City of Marshall

Mr. Joseph Callier, Attorney at Law, Houston

Ms. Delia Martinez Carian, Assistant Criminal District Attorney, San Antonio

Hon. John Cayce, Chief Justice, 2nd Court of Appeals

Hon. Al Green, Judge, Justice of the Peace, Pct. 7

Deacon Jose Luis Lopez, San Antonio

Ms. Ann Manning, Attorney at Law, Lubbock

Hon. Ann McClure, Justice, 8th Court of Appeals

Hon. Orlinda Naranjo, Judge, County Court at Law #2

Hon. Jim Parsons, Judge, 3rd Judicial District Court

Hon. Glenn Phillips, Judge, Kilgore Municipal Court

Hon. Penny Pope, Judge, Justice of the Peace Pct. 2, Pl. 1

Hon. Dean Rucker, Judge, 318th District Court

Hon. Mike Wood, Judge, Probate Court No. 2

 

Members not in attendance were: Presiding Judge Sharon Keller, Mr. Jim Brickman, Senator Robert Duncan, Representative Pete Gallego, Judge Rodolfo Tamez, Representative Senfronia Thompson, and Senator Royce West.

 

With a quorum established, the Council took the following action:

 

MINUTES OF THE PREVIOUS MEETING

The minutes of the April 5, 2001 council meeting were adopted.

 

INTRODUCTIONS

Chief Justice Phillips introduced the new members of the Judicial Council.

 

LEGISLATIVE UPDATE-TEXAS JUDICIAL COUNCIL BILLS

Chief Justice Phillips summarized and discussed the passage of SB 720 relating to limiting certain political contributions by judicial candidates and officeholders.

 

Elizabeth Kilgo summarized and discussed the passage of SB 395 relating to the requirement that the Texas Judicial Council conduct a statewide jury service study and report the results of the study to the Legislature.  To comply with the charge, Chief Justice Phillips established the Committee on Juries and appointed Senator Duncan as chair.  The committee members include: Ms. Carian, Mr. Lopez, Ms. Manning, Judge Parsons, and Judge Wood.

 

Chief Justice Phillips discussed HB 59 relating to making a voter information guide for judicial elections available to the public on the Internet.  Chief Justice Phillips established a committee to assist the Office of the Secretary of State with the voter information guide should the need arise.  The committee members include: Ms. Birmingham, Ms. McClure, Judge Naranjo, Judge Phillips, and Representative West. 

 

Ms. Kilgo discussed several Council bills that did not become law including: SB 822 relating to the regulation of political contributions to judicial candidates and officeholders, SB 823 relating to the regulation of political contributions to certain judicial candidates, and HB 2884 regarding cross-filing by candidates for certain judicial offices.  After discussion of the bills, the Council decided to wait until the legislature issues its interim committee charges before appointing a finance committee to examine and edit  the bills for next session.

 

Chief Justice Phillips reported on SB 394 relating to the abolishment of the judicial districts board, and SB 397 relating to the assignment of certain retired or former judges as visiting judges.  Chief Justice Phillips established a committee to assist to the Supreme Court Rules Committee regarding the Council’s proposed Rule 13.  Chief Justice Phillips asked Justice Cayce to serve as chair. The committee members include: Mr. Callier, Judge Naranjo, Judge Rucker, Representative Gallego, and Representative Thompson.

 

BILLS VETOED BY THE GOVERNOR

Chief Justice Phillips reported that the Governor had vetoed the first year of the judicial pay raise.  He also discussed the veto of HB 2111 relating to the Office of Court Administration of the Texas Judicial System, SB 1210 relating to certain attorneys and law clerks employed by a court, and HB 546 relating to judicial training.

 

 

BILLS OF INTEREST TO THE JUDICIARY

Ms. Kilgo reported on HB 587 relating to the investigation and prosecution of an offense motivated by bias or prejudice, to other civil and criminal remedies for and protections against certain hateful acts, and to training and education concerning hate laws. Ms. Kilgo went on to explain some of the reporting requirements of the bill.

 

Ms. Kilgo discussed SB7, The Texas Fair Defense Act, relating to the period during which a person arrested is required to be taken before a magistrate or released on bond and to the appointment and compensation of counsel to represent indigent persons accused of crime. The bill creates a Task Force that will establish standards for the appointment of counsel, oversee grants to the counties, and collect indigent defense statistics.  Any decisions made by the Task Force will have to be ratified by the Judicial Council. 

 

Ms. Kilgo addressed HB3498, which improves the collection of costs, fees, and fines in criminal cases by allowing the Office of Court Administration to award grants to counties and municipalities when they prepare a collection plan.  Ms. Kilgo explained that there is no appropriation for this bill.

 

Ms. Kilgo summarized SCR20, which respectfully urges judges to who hear family law cases to increase the use of alternative dispute resolution procedures in resolving child custody disputes.   Also discussed was SB 372, which amends several provisions regarding judicial retirement, and HB 1363,  relating to collaborative law procedures for family law cases.

 

LEGISLATIVE MANDATES

Chief Justice Phillips addressed a budget rider that requires the Council to make recommendations regarding the equalization of funding for the 16 appellate courts.  The Chief appointed a committee chaired by Chief Justice Casey and appointed the following members: Senator Duncan, Representative Gallego, Justice McClure, and Judge Wood.

                                               

The Chief addressed a second rider which requires the OCA and the Council to compile statistics on the use of visiting judges and the efficiency of the current district court system.  A report on the current district court locations, populations served, docket activity and other appropriate variables that would indicate the need for any additional district courts must be submitted to the 78th Legislature.  The Chief appointed a committee chaired by Representative Gallego and appointed the following members: Mr. Callier, Ms. Carian, Judge Naranjo, Judge Parsons, Judge Rucker, Representative Thompson, and Senator West.

 

The Chief also appointed a Judicial Data Management Committee to study and make policy recommendations regarding OCA’s data collection and reporting project which may result in changes to the annual report of the Texas Judicial System.

 

UPDATE ON APPROPRIATIONS

Mr. Bill Hamilton discussed the final appropriations regarding the various funding priorities set by the Committee on Court Funding.

 

JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY

Mr. Mike Griffith, the Director for the Judicial Committee on Information Technology (JCIT), gave a brief report on the status of several JCIT funded projects.

 

OTHER BUSINESS

The Chief requested that the members make recommendations regarding some new Council  initiatives.  The Council discussed the lack of prosecutors in municipal and justice courts.  To examine this issue, the Chief created a committee chaired by Judge Glen Phillips and comprised of the following members: Judge Pope, Judge Tamez, and Chief Justice Phillips.  The Council also discussed the exclusion of associate judges, magistrates, and juvenile referees from continuing education courses in the state.  To examine this issue, the Chief created a committee  chaired by Justice McClure and comprised of the following members: Presiding Judge Keller and Judge Rucker. 

 

DATE OF NEXT MEETING

The Council plans to meet again in the middle of November .

 

ADJOURNMENT

There being no further business before the Council, the meeting was adjourned at approximately 12:30 p.m.

 

_______________________

Thomas R. Phillips

Chair