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JOURNAL
TEXAS ASSOCIATION FOR COURT ADMINISTRATION
PROFESSIONALS MANAGING TEXAS COURTS
Volume 31 Number 1, January 2007
2007 TACA Board of Directors
KRISTY L. SMITH, CHAIR BRANDI LOYA BOB WESSELS (Ex-Officio) - PDP
Court Coordinator Court Coordinator Court Manager
County Criminal Court #10 County Court at Law #3 Harris County Criminal Courts at Law
401 W. Belknap P.O. Box 10536 1201 Franklin, 7th Floor
Fort Worth, TX 76196 Lubbock, TX 79408 Houston, TX 77002
office: 817-884-3423 office: 806-775-1309 office: 713-755-5394
fax: 817-212-3040 fax: 806-775-1559 fax: 713-755-8931
e-mail: klsmith@tarrantcounty.com e-mail: bloya@co.lubbock.tx.us e-mail: bob_wessels@hctx.net
LINDA KELLUM RANDY WALKER
Court Coordinator County Criminal Court #8
88th District Court 401 West Belknap
PO Box 607 Fort Worth, TX 76196
Kountze, TX 77625 office: 817-884-3403
office: 409-246-5151 fax: 817-884-3364
fax: 409-246-5194 e-mail: rwalker@tarrantcounty.com
e-mail: babok3k@aol.com
GRACIE HERRERA ED WELLS (Ex-Officio), TREASURER
Court Coordinator Clerk
384th Impact Court 14th Court of Appeals
500 E. San Antonio, Rm. 1003 1307 San Jacinto, 11th Floor
El Paso, TX 79901 Houston, TX 77002
office: 915-546-8192 office: 713-655-2840
fax: 915-546-8103 fax: 713-650-8550
e-mail: gherrera@epcounty.com e-mail: ed.wells@14thcoa.courts.state.tx.us
CONTENTS
From the Chair....................................................................................................................................................................................................................1
From the Past Chair .........................................................................................................................................................................................................2
TACA Financial Report ...................................................................................................................................................................................................2
Board Candidate Thank You Letters .....................................................................................................................................................................3
2006 TACA Conference Overview ..........................................................................................................................................................................5
Scholarship Committee Report ................................................................................................................................................................................7
News from the Membership Committee ...........................................................................................................................................................8
Congratulations .................................................................................................................................................................................................................8
Coordinators Across the State Win Elections .................................................................................................................................................9
TACA Committee Sign Up Sheet .............................................................................................................................................................................9
2007 TACA Committee List ......................................................................................................................................................................................10
Courtools - Trial Court Performance Measures ..........................................................................................................................................12
Policy Perspective ............................................................................................................................................................................................................14
Survey of Texas Judges Who Hear Misdemeanor DWI Cases ......................................................................................................... 20
Texaslawhelp.org Doubles Content and Quadruples Number of Visitors During 18-month Grant Project ........ 23
Direct Electronic Filing in Criminal Cases........................................................................................................................................................ 24
2007 Calendar of Events ........................................................................................................................................................................................... 26
FROM THE CHAIR
and members
who spent their
Happy New Year TACA Membership! time and energy
helping to make
First of all, I would like to thank each of you this organization
for your support and confidence in electing me what it is today.
as Chair of this great organization. I promise Much respect and
that I will not disappoint the membership and appreciation is
will always keep TACA’s best interests in mind given to Bob Wessels
when making decisions. I am excited to start this for helping to guide
journey and hope that I can make a difference the Board and
over the next year. organization over
the past 30 years.
Since 1976, TACA’s purpose and mission has
been to encourage and promote continuing Now, to our
education and maintenance of professional members – during
standards for Court Administration in the State our Annual Conference, Joe Peraino stated
of Texas, and to aid in identifying the individual that there are three kinds of people: Those who
needs of Texas Courts and their administrative make things happen, those who watch what
personnel in improving the administration of happened and those who wondered what
justice. We, as board members, must have an happened. Which one are you? This organization
understanding of what our founders wanted for is full of court administrators and coordinators
the organization; however, we must also focus that make things happen within their courts and
on where the organization needs to go in the counties. How about stepping up to the plate
future. and giving back to the organization that stands
for everything you do every day?
Sandra Day O’Conner once said, “We need
to promote the concept of management in I look forward to representing our organization
the courts as a noble calling. Both the art and across the state and building relationships along
the science of management are essential the way!
ingredients in ensuring the administration of
justice”. As our positions as court administrators
become more and more complex, we must
keep abreast of the latest techniques and
practices across the state. TACA does this Kristy Smith
through the annual conference, our quarterly
publication The Journal and primarily through
the encouragement of networking and unity
among our members. However, we need to
take it a step further - focusing on the future of
the courts and our roles in the interdependence
and independence of the judiciary.
I am thrilled to be part of this organization
and to be able to work with some of the most
humble, committed and driven coordinators in
Texas. Thank you to John Warren, Ed Wells, Gracie
Herrera, and Linda Kellum for your dedication
over the past year to the organization. I would
also like to thank all of the committee chairs 2007 New Board Members being Sworn In.
TEXAS ASSOCIATION FOR 1 COURT ADMINISTRATION
FROM THE PAST CHAIR
Greetings to all! Elliott to the position
I want to thank the members of this great of District Clerk in
Association for allowing me to serve as Chair. Fort Bend County.
It has been an experience that I will remember I sense that is this is
and cherish for many years to come. Traditionally, only the beginning
the Chair serves two one year terms. I have of new leadership
mixed emotions about not being able to follow throughout the
that tradition, having a desire to help move State.
TACA forward, and having to move on to other Our conference
opportunities. However, I am content in knowing this year in Corpus
that our Association is in great hands, and will Christi was one of Gracie Herrera and John Warren
accept award for their service to the
serve the counties and courts well. the most successful TACA Board.
Court administration has become the that TACA has had.
infrastructure for pursuing justice in our courts. We Our membership has grown, as well as conference
play a major role in our positions. Let us always attendance: both are indicators of a bright and
be reminded that to a large degree, we hold promising future. So it is with a great sense of
justice in our hands. What will we do with it? I sorrow that I bid you all farewell. As Tommy, Annie
hope that the members of this Association will ask and I, set off in a new direction we know our paths
themselves this question each time they deal with will lead us back home to TACA.
irate individuals, nervous pro se litigants, as well To the Chair, Kristy, thank you for your support
as attorneys that come to the courthouse. I ask and friendship. To the Board of Directors, I wish
each of you to remember that we are the face of you much success – do what your heart tells you
justice to our community. Let us serve them well. is best for TACA. To my friend and colleague Ed
I am proud of the leadership that has risen Wells, your success is certain. To our friends at Sam
from this Association. Great men and women Houston, Sharese and Vanessa, you helped make
have been lifted to a higher calling because it happen. Finally, Mr. Wessels, I will still seek your
TACA has instilled in each of them leadership skills infinite wisdom and guidance for years to come.
and the desire to serve on a larger scale. As the
newly elected County Clerk of Dallas County, I’m Best regards,
proud to be among those individuals. This year
TACA celebrates the election of several members
to public office: Tommy Munoz was elected as
Justice of the Peace in Brazos County and Annie John Warren
TEXAS ASSOCIATION FOR COURT ADMINISTRATION
FINANCIAL REPORT
NOVEMBER 15, 2006
TACA Checking Account Balance $24,304.08
TACA Savings Account Balance $10,009.85
TACA Scholarship Account Balance $ 6,315.05
(Good Will Scholarships)
These amounts reflect balances after 90% of the Conference expenses have been paid.
TEXAS ASSOCIATION FOR 2 COURT ADMINISTRATION
BOARD CANDIDATE
Thank You LETTERS
TACA Members:
Wow, it doesn’t seem like it has been five years since I was appointed
to TACA’s Board of Directors. Time flies when you are having fun. During
those five years I have made many new friends and I have seen TACA
continue to grow and promote the professional administration of courts
in Texas. I can’t thank you enough for supporting me through two
elections. The other board members I have had the privilege of working
with should be proud of the many accomplishments of the past few
years.
A few highlights during the last five years…
In the time I served on the Board, TACA developed a presence
on the World Wide Web by creating the TACA website at
www.mytaca.org. The website serves as a way of communicating
with TACA members, judges, vendors, and the world. It includes
information on everything about TACA including the by-laws, operating policies, Board members,
conference information, electronic versions of the most recent Journals, and more. The website
is updated frequently and will continue to grow.
TACA established a relationship with the Correctional Management Institute of Texas (CMIT)
at Sam Houston State University. CMIT provides secretariat services to TACA assisting with
membership services, publications, and annual education conferences. This venture has been
very beneficial to TACA and I am sure that TACA will continue to reap the benefits of that
relationship.
TACA’s Annual Education Conferences continue to grow and improve every year. Building on
lessons learned and seeking input from attendees, the conferences contain education designed
to provide the required continuing education hours and to help members grow in their jobs. The
curriculum developed includes topics of interest within the state and nationally.
None of these would have been possible without the hard work of the Board and the many members
who contribute to everything that TACA accomplishes. Involved members are the strength of any
professional organization. Please take the opportunity to join a committee and make a difference. You
will meet other members, learn from them, and make friends that will last a lifetime. Don’t pass up this
opportunity.
Now that my tenure on the Board is over, I look forward to serving as TACA’s Treasurer and thank the
Board for their confidence in me. This is an important position in TACA and one that I take very seriously.
I will work to help the Board make wise use of the TACA monies. Without carefully considered planning,
we cannot attain the goals of the organization. I thank you again and look forward to seeing all of you
soon.
Ed Wells
TEXAS ASSOCIATION FOR 3 COURT ADMINISTRATION
BOARD CANDIDATE
Thank You LETTERS
TACA Members:
As my first term of Board member has come and gone, I am again humbled
and honored that you have allowed me to continue for the next two years. You
have given me the opportunity to keep learning. I am here to serve you.
Thank you from the bottom of my heart.
Gracie Herrera
Wow, I can not believe how fast time goes by! It is another year for our
Association and I am excited about what the new year brings! Now I fully
understand how difficult it is to get back into the daily grind of setting hearings,
answering the never ending phone calls, dealing with attorneys and pro se
parties who are always in a good mood, etc. I know that all of that stress makes
you immediately go back to the relaxation techniques that we learned at our
TACA conference. I can see you right now with your shoulders dropped, arms
hanging down, eyes closed, your head tilted way back and some of you even
had your mouths open you were so relaxed…well, wake up and hang with me
for just a second and then you can return to your other world, that is until your
phone rings again. I just wanted to take a moment to express how much I truly
appreciate the confidence each and everyone of you have placed in me by
electing me to the TACA Board. I understand that I am the rookie and have a
lot to prove, but I give my word that I will work hard and strive to accomplish all
the goals that we set for this year. I understand that I have a lot of challenges
ahead of me, but I look forward to doing my best and making you proud. TACA
is in a good place now that many of you have stepped out of your comfort
zone this year and signed up for committees. I am excited at the commitment
that some of you have shown and the suggestions that each of you have given.
We have so many talented and creative people in this awesome Association
that there is no telling the new heights we can soar to. If you have not had a
chance to sign up for a committee I urge you to do so; it is never too late, and
your ideas alone could be what this organization is in need of! Thanks again to
all of you. I appreciate you and look forward to working with each of you. Have
a great and blessed day. Now you can go back and relax - hurry quick before
the phone rings!
Brandi Loya
I am humbled by the support you have shown, in electing me to the Board
of TACA. I promise I will always strive to prove your faith was well founded.
The interest of the members shall always be foremost in my thoughts and
decisions. I have no doubt that we will continue to prove why TACA has been
the vanguard of court administration in Texas for the past thirty years, and will
remain there for the next thirty.
I would also like to take this opportunity to remind you to volunteer for a
committee, send in an article to the Journal, or get involved in some aspect of
the Association. It is the member participation that powers TACA.
Thank you,
Randy Walker
TEXAS ASSOCIATION FOR 4 COURT ADMINISTRATION
2006 TACA CONFERENCE OVERVIEW
by
Sharon Jaquess, 2006 TACA Conference Co-Chair
TACA’s 2006 Annual & Kristy Smith of
Education Conference Tarrant County,
held in Corpus Christi, Texas, Judge John Peyton
was indeed a celebration & Connie Jones of
marking 30 years of Dallas County, and
growth and development Judge Ann McClure
for court administrators, with Valerie Olivas
court managers and & Connie Telles-
coordinators in the great Odom of El Paso
State of Texas. Attending County. They all did
this year’s conference were approximately 210 outstanding jobs and their time and effort are greatly
members and over 50 of them were new members appreciated.
or first-time attendees. Participation is crucial to make A highlight of the conference was presented
each conference the success it was in 2006. Maintain by the extremely talented Dr. Joe Peraino, who not
your interest in TACA only entertained the membership with his humor, but
and continue to be enriched us with his wisdom in techniques for time and
in attendance—also stress management. Everyone loved Dr. Joe!
encourage others to The sessions on Ethics, Security, Technology and
join! Developing a Rapport with the District Clerk rounded
The program out the breakout sessions. Gilbert Sanchez was
this year focused outstanding in his presentation of establishing and
on “Getting Back maintaining good
to Basics” and the relations with our
responsibilities and district clerks. Repeat
purpose of the Court. This core competency tool performers, Honorable
highlighted improving a court’s performance. The Laura Weiser and
conference began with a reflection on the history of our Honorable Barbara
State courts and an environmental survey conducted Walther spoke to
by Carl Reynolds of the group on ethics.
the Office of Court Judges Walther and
Administration. The Weiser are great
information and contributors to the TACA organization and we continue
knowledge offered to appreciate their enthusiasm and dedication. A
by Mr. Reynolds is basics course on using Excel was well-attended, and
important to TACA special thanks goes to our presenters in technology,
as an organization Jeannette McGowan & Amelia Jernigan. Doug Smith
and for individual gave us essential tools in his session on the Spanish
growth in our careers. He has pledged to do his Survivor Kit. TACA members were encouraged and
part to bring unity to the efforts of TACA and the motivated by Ruby Lehrmann in her plenary session
OCA, which will greatly strengthen our organization. on Success Motivation. Ed Wells was again a popular
Take an opportunity to get to know his strengths by choice in his breakout session on the Focus on the
reading his newly developed publication “CourTex”, a Future of TACA. Ed has a special way of encouraging
Texas Judicial Branch newsletter. The first issue will be members to participate and let their voices be heard.
published this Fall. The social
In “Getting highlight of the
Back to the Basics”, conference was our
the breakout dinner aboard the
sessions in caseflow USS Lexington. This
management were historical World War
presented by our II vessel, dubbed
talented judge- the “B lue Ghost”,
coordinator teams: was a delight to all
Judge Phil Sorrels who participated.
TEXAS ASSOCIATION FOR 5 COURT ADMINISTRATION
Attendees enjoyed help by handing
the delicious King out materials
Ranch chicken and introducing
provided by Salinas speakers. There are
Catering, the many behind-the-
individual tours scenes members
available aboard who work tirelessly
ship, as well as the and with great
IMAX film on fighter enthusiasm at our
pilots. A special conferences. Please
round of applause goes to the sponsor of the Lexington consider getting involved and you will be surprised at
event, Thomson – West, without whom the event would the joy you receive.
not have been possible. To the conference workers of El Paso, a great big
During the business meeting, members re-elected thank you for all the hard work done in soliciting the
Gracie Herrera of El Paso to the Board of Directors, wonderful and exciting prizes that were raffled at the
elected Kristy Smith of Fort Worth as Chair, and elected business meeting. Wow! Your teamwork has paid off
new board members Randy Walker of Fort Worth and for another year in bringing in the monies collected for
Brandi Loya of Lubbock to serve beginning in 2007. scholarships.
John Warren expressed his pleasure in serving TACA as As always, we appreciate our secretariat from
Chair and as a board member and promised to stay Sam Houston State University, Sharese Hurst. Sharese
involved with TACA activities as he pursues his political will be taking on
dream of Dallas County Clerk. Ed Wells will continue more responsibilities
his contributions and talents as Treasurer. Linda Kellum at Sam Houston.
will serve another year on the Board and promised to Her trusted and
continue as liaison for membership. A heartfelt thanks able assistant at
goes to each of these members for volunteering their the conference,
time and talents. Vanessa Farmer,
Special recognition will be assisting
goes to Cathy Burnett, this TACA in the future
year’s recipient of the highly for conferences and publications and other needed
coveted Justice Charles W. assistance. Welcome, Vanessa!
Barrow Award. Cathy was It is the aim and desire of TACA’s Board and
rendered speechless and conference chairs to develop and present annual
overcome with emotion as conferences that not only educate the members
she was recognized as one on the core competencies, but also entertain and
of TACA’s long-standing provide a time of relaxation for all. Being on the coast
contributing and hard-working members. She has in the beautiful Omni Bayfront and Marina Towers
taught PDP for over 15 years, as well as having single- helped to cinch that goal with the relaxed and inviting
handedly organized and developed the vendor atmosphere. We will
participation for the TACA Annual Conference for be in San Antonio
many years. Congratulations, Cathy, next year at another
on this outstanding honor. gorgeous Omni
Another special award for TACA Hotel. The board
Member of the Year went to Jerome will be meeting
Coleman, whose name is well-known in in January for the
the Association because of his tireless Action Planning
energy and commitment to TACA as meeting in Huntsville,
the Membership chair. so contact me as to
A special thanks from Cynthia specific educational
DeJean and myself to all of the topics within our core competencies that you have
conference committee members who enjoyed and would like to have again. Also, the
helped to make this year the success it was. Sylvia social events are to entertain TACA members. Let the
Noriega and Shannon McFarland were responsible conference committee know what you would like to
for the wonderful door prizes this year. Special thanks do, and we will do our best to make it happen. Again,
to Randy Walker, Patricia Bustamante, Joel Espinoza, I urge you to find a committee that interests you and
Gloria Ellis, Sherry Brown, Jerome Coleman, Elisa Avila, get involved. TACA is your Association! Thanks for your
Sylvia Buitron, Karma Roberts-Ragster and many ear.
other members who stepped up and volunteered to
TEXAS ASSOCIATION FOR 6 COURT ADMINISTRATION
SCHOLARSHIP COMMITTEE REPORT
by
Gracie Herrera
This year TACA awarded the following scholarships Necklace, Gilbert Sanchez from El Paso County won a
to its members: Coke Laptop Bag and a Flat Screen TV, Sandra Garcia
Sylvia Noriega - Honorable Paul Ferguson from El Paso County won an Antique Pickle Caster,
Scholarship Yolanda Short from Taylor County won a Portable DVD
Cynthia DeJean - Founders Scholarship Player, Isidro Sepulveda from Hidalgo County won a
Jacqueline Strauss Gonzalez – Founders DVD Player, Santa Franco from Jones County won a
Scholarship Camera Photo Studio, Kristy Smith from Tarrant County
I want to encourage all members to apply for won $200 cash, Josefina Alfsen from El Paso County
scholarships. TACA won an IPOD.
provides this benefit Congratulations to all of the above!
to its membership, My goal this year was to meet and/or exceed what
so be sure to take we had done last year which was $2,000.00. Although
advantage of it! this year we had
If you have any a more items we
questions about unfortunately did
the scholarship not meet it. Our
program, pleas e total this year was
contact myself or $1,746.00. There was
Valerie Olivas, the Scholarship Committee Chair. a year-long effort
The winners of our 2nd Annual Scholarship Raffle in obtaining these
held at the TACA Annual Conference in Corpus Christi raffle items. Please
are: support TACA and
Sherry Brown from Tarrant County won Airline our scholarship efforts by purchasing raffle tickets next
Tickets, Jo Ellen Stephens from Orange County won year! I thank all of you who helped in manning the
a $100 Dillard’s Gift Card, Bobbie Moore from Denton table and those of you who came up and donated
County won a Men’s Watch and a Pen Set, Trisey items.
Eubanks from Collin County won a Topaz Stone, Please help me in the coming next year. I am open
Sylvia Arrieta from El Paso County won a Turquoise to suggestions.
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TEXAS ASSOCIATION FOR 7 COURT ADMINISTRATION
NEWS FROM THE MEMBERSHIP COMMITTEE
by
Jerome Coleman
I hope everyone had a great time in Corpus Christi. may access the membership application online at
The Education Co-Chairs and their Committee are to www.mytaca.org. Be sure to put your e-mail address
be commended. There were a total of 211 Members on the application, along with the person that referred
attending the conference. Out of that 211, there were you and encourage your Judge to become a Judicial
40 first time attendees. This is the highest number of first member.
timers in TACA history! The Membership Committee Membership would also like to send out special
would like to give a great big thank you to Local congratulations to the following members: Kathy
Government Solutions and Smart Start for sponsoring Grange (25 yrs), Martin Allen (30 yrs) and Bob Wessels
our First Time Attendees Reception. Linda Kellogg, (30 yrs). Kristy Smith & Margo Wells were in the running
Gloria Puente, Christie Kersten, Amy Lechuga, Kristina for our new member recruitment contest. Due to a tie,
Sauceda, Brenda Arp, Susie Saenz, Bruno Acevedo, the winner was drawn from a hat and Margo Wells
Judy Bell, Dawn Ryle, Shelby Felmey, Jackie Wortman, was the recipient of the $100 cash prize. The contest is
Sandy Hickman, Jan Brazelton, Elena DeAnda, Toy open to all of our members, so get out there and start
Moore, Lea Peebles, Glenda Taylor, Thelma Lopez, recruiting for next year.
Beatrice Castillo and Irvin Hicks were the lucky Once again, I would like to thank the Membership
recipients of our door prizes. Committee (Linda Kellum, Estella Alegria-Garza, Nora
After the elections, our new board consists of Kristy Anderson, Sherry Brown, Jessica Carrizales, Barbara
Smith (Chair), Linda Kellum, Gracie Herrera, Brandi Conley, Margaret Flores, Rebecca Gonzalez, Elviara
Loya, Randy Walker and John Warren (Past Chair). We Leal, Shannon McFarland and Myrna Salcido). A
have a total of 505 members to date. Please remember special thanks to Sharese Hurst, our Secretariat for a
that dues come up for renewal in January. Reminder job well done. Remember TACA is your Organization
cards will be sent out at the end of December. You and “TOGETHER WE CAN MAKE IT WORK”.
CONGRATULATIONS!!
The following members were acknowledged at the Annual Conference for their tenure with
the Texas Association for Court Administration.
5 Year Members 10 Year Members
Suzanne Blake Sylvia Arrieta
Dawn Callow Margie Brooks
Melissa Fowler Cathy Carson
Lupe Gutierrez Annie Rebecca Elliott
Peggy Inglet Lilly Fanning
Connie Jones Rita Peterson
Savannah Maurer Kristy Smith
Sue Anne Pitcock Karen Warr
Donna Ramos John Warren
Sandra Rubio
Christina Torres
Sherri Tutt
15 Year Members 20 Year Members
Cathy Burnett Cheryl Coffman
Regina Green Georgina Enriquez
Cindy Hall Jeanette Thomas
Becky Henderson Chris Glasgow
Grace Herrera Dominga Hernandez
Myrna Montano Dottie McDonald
25 Year Member 30 Year Members
Kathy Grange Martin Allen
Bob Wessels
TEXAS ASSOCIATION FOR 8 COURT ADMINISTRATION
COORDINATORS ACROSS THE STATE WIN ELECTIONS
by
Kristy Smith
Two of our TACA members will be moving on to four children.
bigger and better things as of January 1st, 2007. Annie’s decision to seek public office was a
thoughtful one based upon her desire to give back
JOHN WARREN to a community that had held her in good stead
Most of our members know him as the TACA for so long and because of the problems that she
Chair for the past year. As of January 1st, John had witnessed first hand while working for Fort
Warren’s new job title Bend County. She hopes to show the citizens that
will be that of the Dallas effective leadership can help not only the courts
C o u nty Clerk. Besides and the attorneys, but the public in general, by
being busy moving TACA smoothly flowing cases through the courts without
into a new direction, John wasting time, resources and money. Annie states,
has been campaigning for “I was always raised to believe that you should
the past year and a half. work hard, treat people with dignity and respect,
During the primary, John and you should never ask an employee to do
was up against 3 other something you would not do yourself.”
democratic candidates, Over the next few years, Annie will be able to put
along with the republican her philosophy to work. She was elected the new
incumbent and another District Clerk of Fort Bend County on November 7th
r e p ublican candidate. with 54.04% of the vote. Congratulations Annie!
After there was not a majority vote, John was
in the runoff with his democratic opponent. He
won 56% of the vote. Then it was time to focus TACA COMMITTEE SIGN UP SHEET
on beating the incumbent. After many months
of hard work, John won the general election by I am interested in volunteering for the
an overwhelming 52.10% of the vote, earning his following committees:
new title as County Clerk. ____ CURRICULUM COMMITTEE
We applaud John for his efforts and sincerely
thank him for his contribution to our organization ____ MEMBERSHIP COMMITTEE
over the past 10 years. John has promised to remain ____ NOMINATIONS COMMITTEEE
actively involved in TACA and to encourage his
____ PUBLICATIONS COMMITTEE
new employees to become members.
____ SCHOLARSHIP COMMITTEE
ANNIE ELLIOTT
Name: _____________________________________
Annie is the Court Coordinator for County
C o u rt at Law #3 in Court:______________________________________
F o r t Bend County. Address: ___________________________________
She has been a TACA
member since 1997. Phone: _____________________________________
On October 16, 2005,
Annie announced Email: ______________________________________
her intention to seek
election for the position Please submit request to:
of Fort Bend County Kristy Smith, Chair
District Clerk. A proud Court Coordinator
native Texan, Annie County Criminal Court #10
lives in Richmond with 401 W. Belknap
her husband and their Fort Worth, Texas 76196
TEXAS ASSOCIATION FOR 9 COURT ADMINISTRATION
2007 TACA Committee List
Susie Saenz Gloria Puente
CONFERENCE COMMITTEE Brooks County, 79th Judicial Court Willacy County, 197th District Court
361-325-5604 956-689-6250
Board Liaison gagpuente@yahoo.com
Brandi Loya Jackie Struss
Harris County, 295th District Court Nelly Sanchez
Cynthia DeJean, Co-Chair 713-368-6466 Cameron County, County Court at Law #3
Harris County, 133rd District Court 956-574-8136
713-368-6195 Karen Warr
Cynthia_dejean@justex.net Shelby County, 123rd & 273rd District Courts
936-598-9928
Manager123rd@msn.com
Sharon Jacquess, Co-Chair
Hood County, 355th District Court
PUBLICATIONS COMMITTEE
817-579-3233
sjaquess@co.hood.tx.us Board Liaison
MEMBERSHIP COMMITTEE Randy Walker
Nora Anderson
Cameron County, 197th District Court Christie Kersten, Chair
956-574-8150 Board Liaison
Linda Kellum Tarrant County, 360th District Court
817-884-2899
Sylvia Buitron
341st District Court Jerome Coleman, Chair cskersten@tarrantcounty.com
956-523-4329 Denton County, Probate Court
940-349-2140 Sharon Jacquess
Aleida Castillo Jerome.Coleman@dentoncounty.com Hood County, 355th District Court
Maverick & Dimmit Counties 817-579-3233
830-758-1730 Bruno Acevedo sjaquess@co.hood.tx.us
Starr County, County Court at Law
Jerome Coleman 956-487-8502 John Warren
Denton County, Probate Court
940-349-2140 193rd Civil District Court
Nora Anderson 214-653-6998
Jerome.Coleman@dentoncounty.com Cameron County, 197th District Court
jwarren@dallascourts.org
956-574-8150
Dana Cotherman
Nolan County, County Court at Law
325-235-2353 Sherry Brown
Tarrant County, 323rd District court
Courtcoordinator03@yahoo.com
817-838-4647 SCHOLARSHIP COMMITTEE
Mary DeGues sbrown@tarrantcounty.com
Bexar County, Civil District Courts Board Liaison
210-335-2300 Aleida Castillo Gracie Herrera
maryd@bexar.org Maverick & Dimmit Counties
830-758-1730 Valerie Olivas, Chair
Socorro Herrera El Paso County, Family Law Court #1
Cameron County, County Court at Law #1 Cynthia DeJean 915-546-3859
956-544-0855 Harris County, 133rd District Court volivas@epcounty.com
713-368-6195
Juanita Malanders Aguilar Cynthia_dejean@justex.net
Angelina County, County Court at Law #1 Sherry Brown
936-639-2204 Tarrant County, 323rd District court
Gloria Ellis
jmalanders@angelinacounty.net Oldham County, 222nd District Court 817-838-4647
806-364-7222 sbrown@tarrantcounty.com
Melinda Mata
Webb County, 111th District Court Jerome Coleman
956-523-4230 Iltze Garcia
Cameron County, County Court at Law #3 Denton County, Probate Court
Shannon McFarland 956-574-8136 940-349-2140
Tom Green County, District Courts igarcia@co.cameron.tx.us Jerome.Coleman@dentoncounty.com
325-659-6569
Shannon.mcfarland@co.tom-green.tx.us Melinda Mata Chris Glascow
Webb County, 111th District Court Taylor County, County Court at Law
Sylvia Noriega 956-523-4230 325-674-1208
District Courts, Tom Green, Concho, Glasgowc@taylorcountytexas.org
Runnels, Coke, Sterling, Irion, Schleicher Shannon McFarland
325-659-6569 Tom Green County, District Courts
Sylvia.noriega@co.tom-green.tx.us Christie Kersten
325-659-6569 Tarrant County, 360th District Court
Shannon.mcfarland@co.tom-green.tx.us 817-884-2708
Monica Nunez
Harris County, 270th District Court cskersten@tarrantcounty.com
713-368-6405 Bobbie Moore
Denton County, Statutory County Courts
940-349-2100 Sally Ryan
Gloria Puente Dallas County, 303rd District County
Willacy County, 197th District Court Bobbie.moore@dentoncounty.com
214-653-7611
956-689-6250
gagpuente@yahoo.com Sylvia Noriega sryan@dallascounty.org
Tom Green, Concho, Runnels, Coke,
Karma Roberts-Ragster Sterling, Irion, Schleicher, District Courts Denise Spalding
Panola County, 123rd District Court & 325-659-6569 Denton County, 158th District Court
County Court at Law Sylvia.noriega@co.tom-green.tx.us 940-349-2320
903-693-0315 Denise.spalding@dentoncounty.com
K48ragster@yahoo.com
TEXAS ASSOCIATION FOR 10 C O U R T A D M I N I S T R A T I O N
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TEXAS ASSOCIATION FOR 11 C O U R T A D M I N I S T R A T I O N
COURTOOLS - TRIAL COURT PERFORMANCE MEASURES
MEASURE 3: TIME TO DISPOSITON
Courts have long sought a set of balanced COSCA CASE PROCESSING ABA CASE PROCESSING
and realistic performance measures that are STANDARDS STANDARDS
practical to implement and use. The ten Courtools Civil: Civil:
performance measures were designed by the Non Jury Trial - 100% within 12 months 90% within 12 months
Jury Trial - 100% within 18 months 98% within 18 months
National Center for State Courts to answer that
100% within 24 months
call.
The National Center developed Courtools by Criminal Criminal
integrating the major performance areas defined Felony - 100% within 180 days Felony:
by the Trial Court Performance Standards with Misdemeanor - 100% within 90 days 90% within 120 days
relevant concepts from other successful public 98% within 180 days
and private sector performance measurement 100% within 1 year
systems. This balanced set of court performance Misdemeanor:
measures provides the judiciary with the tools 90% within 30 days
to demonstrate effective stewardship of public 100% within 90 days
resources. Being responsible and accountable is
Juvenile: Juvenile:
critical to maintaining the independence courts Detention Hearings: 100% within 24 hrs. Detention hearings: 100% within 24 hrs.
need to deliver fair and equal justice to the Adjudicatory or Transfer Hearings: Adjudicatory or Transfer Hearings:
public. -in detention - 100% within 15 days - in detention - 100% within 15 days
The Texas Association for Court Administration -not in detention - 100% within 30 days - not in detention - 100% within 30 days
has chosen to highlight Measure 3: Time to
Disposition during this issue of the Journal. Domestic: Domestic:
Definition: The percentage of cases disposed Uncontested - 100% within 3 months 90% within 3 months
or otherwise resolved within established time Contested - 100% within 6 months 98% within 6 months
frames. 100% within 1 year
Purpose: This measure, used in conjunction
with Measure 2 Clearance Rates and Measure Method:
4, Age of Pending Caseload, is a fundamental This measure should be reviewed on a regular
management tool that assesses the length of (e.g. monthly, quarterly, annual) basis. If reviewed
time it takes a court to process cases. It compares regularly, the court can observe trends as they
a court’s performance with local, state, or develop, then aggregate the data for annual
national guidelines for timely case processing. reporting.
When the underlying data conforms to the State For each case type, the first task is to compile
Court Guide to Statistical Reporting, the measure a list of all cases that were disposed or otherwise
takes into account periods of inactivity beyond resolved during the reporting period. For the
the court control (e.g., absconded defendants, purpose of this measure, “disposed or otherwise
cases suspended pending decision on an resolved” is defined as having had an Entry of
appeal) and provides a framework for meaningful Judgment. If the data for the measure is not
measurement across all case types. available in automated form, and data collection
The case processing time standards published requires manual review of case files, then the
by the American Bar Association (ABA) and measure will likely need to be taken on an annual
those published by the Conference of State basis. Sampling is an option in courts where case
Court Administrators (COSCA) provide a starting volumes are high.
point for determining guidelines. Many states
and individual courts have adopted their own Which Cases Are Included?
guidelines, and certain case types (e.g. juvenile) There are two kinds of cases for which the
have been the focus of more detailed guidelines time to disposition can be computed. The first are
by a variety of organizations. Courts should take typical cases that move through the system without
note of existing guidelines and rules of court in their interruption. When these cases are disposed or
jurisdiction when developing their own guidelines otherwise resolved by Entry of Judgment during
for each case type. the reporting period, they should be counted.
TEXAS ASSOCIATION FOR 12 C O U R T A D M I N I S T R A T I O N
The filing dates for these cases will vary, but what of probation, or due to failure of parents to comply
qualifies them for inclusion is the fact that the with a court order. When these reopened cases
disposition dates all fall within the reporting period are disposed during the reporting period, they
(e.g., the calendar year). should be included in this measure. In all these
The second kinds are cases that had their examples, the time that is counted starts when
progress interrupted and underwent a period of the case is reopened, not with the date of the
inactivity, but were reopened or reactivated by original filing.
the court and disposed of during the reporting Cases that are in an official period of inactivity
period. An example of this is a contract case at the end of the reporting period should not be
that is placed on Inactive Status pending the included in this measure. As this type of case is
outcome of bankruptcy proceedings. Following considered to be among the court’s Inactive
those proceedings, the contract case resumes Pending cases at the end of the reporting period
and is disposed. Another example is a criminal (i.e., they are not moving toward disposition for
case in which the defendant absconds after the a known and legitimate reason and the court is
case was filed. The case is placed on Inactive aware of this), they should be excluded from the
Status during this time, but when the defendant analysis. Active Pending cases are excluded from
is apprehended and returned to court, the case analysis, since no disposition has been reached.
resumes and is disposed.
Cases in which judgment was previously This information was re-produced and
entered but which have been reopened due to obtained from nscsonline.org and was originally
a request to modify or enforce existing judgments created by the National Center for State Courts,
are also included. For example, the court might 300 Newport Avenue, Williamsburg, Virginia.
grant a motion to consider newly discovered
evidence, and this reopens a case. In juvenile
cases, a case might be reopened due to violation
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TEXAS ASSOCIATION FOR 13 C O U R T A D M I N I S T R A T I O N
Policy Te x a s P u b l i c Po l i c y Fo u n d a t i o n
Perspective
May 2006
How to Avert Another Texas Prison Crowding Crisis
by Marc Levin Esq., director of the Center for Effective Justice
Introduction
Policy Recommendations
From 1968 to 1978, Texas’ population increased by
19 percent while the prison population grew 101 per- Reduce Probation Revocations to Prison
cent to 22,439.1 This laid the groundwork for the rul- Require that all probation departments and judges
ing by U.S. District Judge William Wayne Justice in adopt progressive sanctions model
1980 in the Ruiz v. Estelle case, which found that Shorten probation terms to terminate probationers who
overcrowding in Texas prisons created inhumane have met obligations
conditions that violated inmates’ rights under the 8th Legislatively limit probation revocations for nonviolent
Amendment of the U.S. Constitution. However, even new offenses, such as minor drug possession that
by 1988, the Texas prison system had only 39,664 in- would not otherwise result in prison
mates. Today, the prison system is at capacity with
over 150,000 inmates.2 From 1988 to 2004, the state’s State Jail Confinees Eligible for Supervised Release
prison population has grown by 278 percent while the Allow state jail confinees to apply for parole through
state’s overall population has only risen by 35 percent. the Texas Board of Pardons and Paroles
Release selected state jail confinees exhibiting good
If policies are not changed to reduce prison inflows, behavior to probation
House Corrections Chairman Jerry Madden estimates
Drug Sentencing Reform
that another 14,000 prison beds will be needed by
2010.3 The Legislative Budget Board projects that Reduce offense levels for possession of small quantities
7,270 of these beds will be needed by 2008 and of drugs
10,976 by 2009.4 Although the Texas Department of Empower judges to consider factors other than quantity
Criminal Justice (TDCJ) has indicated the greatest in sentencing
need is in the more expensive medium and high secu- Expand drug courts and judge-ordered mandatory treat-
rity units, even assuming these new beds were allocated ment and counseling as alternatives to incarceration
equally among units of varying security levels, the state Increase availability of residential and outpatient sub-
would incur prison construction costs of $1.24 billion stance abuse treatment facilities
over the next several years.5 This is in addition to an-
nual operation costs of $224 million that would be as- Leasing New Beds from Private Operators
sociated with 14,000 new beds. And today, the state has Use short-term leases in lieu of building any new state
a shortage of approximately 2,500 prison guards.6 prisons or jails
Select private operators with full range of prison and
CONTINUED ON NEXT PAGE reentry services
900 Congress Ave., Suite 400 Austin, TX 78701 (512) 472-2700 Fax (512) 472-2728 www.TexasPolicy.com
TEXAS ASSOCIATION FOR 14 C O U R T A D M I N I S T R A T I O N
How to Avert Another Texas Prison Crowding Crisis May 2006
opposed to committing a new offense—it is even
If policies are not changed to reduce more striking that felony technical revocations have
declined from 3,638 in the first quarter of 2005 to
prison inflows, House Corrections 2,893 in the first quarter of 2006, a 20.48 percent
Chairman Jerry Madden estimates drop. If these trends continue, Texas would achieve a
that another 14,000 prison beds will 3,000 annual reduction in the rate of increase of the
prison population, substantially reducing the antici-
be needed by 2010. pated need for new prison beds. However, the 80th
Legislature can do even more to reduce statewide
probation revocations to prison.
Due to the specter of another federal court takeover of
the state prison system, the current and future crowd- Incarceration TDCJ
ing crisis cannot be solved through putting more in- Fiscal Population Operating
Year (End-of-Year) Capacity Number Percent
mates in each cell or pitching tents. Similarly, TDCJ
has already taken very creative administrative meas- 2005 151,676 150,834 842 0.6%
ures to fully maximize the capacity at each unit. For-
2006 152,604 150,834 1,770 1.2%
tunately, there are policy changes that can reduce or
eliminate the need for these new beds without endan- 2007 154,720 150,834 3,886 2.6%
gering public safety. 2008 158,104 150,834 7,270 4.8%
Probation Reform 2009 161,810 150,834 10,976 7.3%
One in 20 Texans are on probation and probation 2010 165,324 150,834 14,490 9.6%
revocations are a significant component of the state’s
prison overcrowding problem. Some 37 percent of A large percentage of revocations continue to come
prison intakes and 41 percent of state jail intakes are from Harris and Dallas County, where the progressive
revoked probationers, resulting in $547 million in sanctions model is not being fully implemented. In
direct incarceration costs.7 The 79th Legislature of- Harris County, for example, each of the 21 criminal
fered the 121 local probation departments additional district court judges runs their own probation docket
funds to hire new probation officers if they would and only six have committed to using progressive
agree to implement progressive sanctions, which re- sanctions, even though Harris County received its
duce revocations by responding to each probation share of the new money. The Legislature should insist
infraction with measured punishments, such as in- on full cooperation and note that judges may be re-
creased reporting requirements, a curfew, or a shock ferred to the State Commission on Judicial Conduct if
night in jail. In addition to graduated punishments, they do not follow state law, including conditions for
progressive sanctions programs also offer positive in- administering probation that are tied to the receipt of
centives, rewarding probationers who meet terms of state funds. The Legislature could also simply require
their agreements, such as paying restitution, holding a probation departments with probation populations
job, and successfully completing counseling and treat- over a certain threshold that refused the funds to take
ment, with early termination from probation. the funds and implement progressive sanctions.
In the first quarter of 2006, we have seen a 12 percent During the interim, the House Corrections Committee
decrease in felony probation revocations from the is refining House Bill 2193, the vetoed probation re-
departments which accepted the new money and im- form measure that passed last session. A key feature
plemented progressive sanctions. As a result, state- of the bill is shortening Texas’ probation terms,
wide felony probation revocations declined from which at up to ten years are the longest in the country.
6,306 in the first quarter of 2005 to 5,569 in the first By shortening probation terms, revocations to prison
quarter of 2006, a 11.69 percent drop.8 Since progres- will be reduced in several ways. First, those no longer
sive sanctions most directly reduce technical revoca- on probation will not be at risk of revocation for a
tions—revocations for violating terms of probation as technical revocation such as missing a meeting or
2 TEXAS PUBLIC POLICY FOUNDATION
TEXAS ASSOCIATION FOR 15 C O U R T A D M I N I S T R A T I O N
May 2006 How to Avert Another Texas Prison Crowding Crisis
failing a drug test. For example, Dallas County Dis- Parole or Probation for State Jail
trict Judge Keith Dean revoked Tyrone Brown to Felons
prison for life simply for testing positive for mari-
juana while on probation.9 Second, since most revo- In 1993, the Legislature revised the state’s criminal
cations occur in the first few years that a person is on law code and established a new felony offense class,
probation, releasing longtime probationers who have state jail felonies. The Legislature shifted low-level
met their obligations will free up additional supervi- drug and property offenders (previously nonviolent
sion resources to focus on closely monitoring and Class A misdemeanors and third-degree felons) into
disciplining the remaining probationers who need the this category. While 78 percent of offenders con-
most attention. Travis County Probation Department victed of a state jail felony offense are sentenced to a
Director Geraldine Nagy has developed an innovative term of probation, most of the remaining offenders
matrix for classifying probationers based on their are sentenced to a period of incarceration in one of
original offense and socialization level so that the Texas’s 17 state jails, which currently house 14,755
Department can target each probationer with the most confinees.11 However, over half of those confined in
appropriate type and degree of supervision. state jails have been convicted of at least a third de-
gree felony and have been transferred there due to
capacity issues and/or because they will be released
Travis County Probation Depart- from the state jail.12
ment Director Geraldine Nagy has While state jail felons can only be sentenced to a
developed an innovative matrix for maximum of two years in a state jail, they, unlike
other felons, are ineligible for parole or release
classifying probationers based on
through mandatory supervision as a result of good-
their original offense and socializa- time credits. Therefore, although state prisoners on
tion level so that the Department average serve only 47 percent of their sentences, state
jail felons serve 100 percent of their sentences, with
can target each probationer with the the exception of the 2 percent who are released at a
most appropriate type and degree of judge’s discretion.13 Another difference is that 97 per-
supervision. cent of state jail offenders are not supervised upon
release while 84 percent of state prisoners are.14
While most of the focus has been on reducing techni- Early release of some of these non-
cal revocations, the Legislature should also consider
violent offenders, particularly those
whether revocations should be limited for nonviolent
new offenses. For example, someone not on probation who have behaved well in jail and
caught with a small amount of marijuana would only completed treatment programs
be guilty of a misdemeanor, which at most would re-
sult in a year or less in jail, and more likely just a there, would free up space for violent
fine. However, the same offense by someone on pro- offenders.
bation usually leads to being revoked to prison for an
average of four years. Before successfully completing
a drug treatment program, most addicts have at least
one relapse.10 The Legislature should require that pro- Texas could reduce the need for new prison beds by
bationers undergoing drug treatment, or willing to making state jail felons eligible for parole and manda-
enter drug treatment, not be revoked to prison, upon tory supervision through the same procedures that the
their first commission (while on probation) of a non- Texas Board of Pardons and Paroles now uses for
violent drug offense involving possession of a small state prisoners. Early release of some of these nonvio-
amount of drugs. lent offenders, particularly those who have behaved
well in jail and completed treatment programs there,
TEXAS PUBLIC POLICY FOUNDATION 3
TEXAS ASSOCIATION FOR 16 C O U R T A D M I N I S T R A T I O N
How to Avert Another Texas Prison Crowding Crisis May 2006
would free up space for violent offenders. Nonviolent In a February 2006 policy brief,16 we highlighted
third-degree felons in state prisons could be trans- drug courts as a highly successful vehicle for divert-
ferred to fill the new openings in state jails, which ing small-time drug offenders from prison, but given
have a substantially lower per day cost than prisons. the appropriate sentencing laws and sufficient capac-
ity at inpatient and outpatient drug treatment pro-
Early release of select state jail felons could also be grams, all judges could participate in an effort to re-
accomplished by placing them on probation for the duce the unnecessary incarceration of nonviolent,
remainder of their term. Many probation departments non-dealing drug offenders. A key problem is that,
have expressed concern that, as a result of the proba- due to the lack of residential drug treatment beds,
tion reform bill shortening probation terms, they will there is currently a six-month waiting list for such
see a decline in the number of probationers and there- programs, leading many judges and even some of-
fore lose funds, because 40 percent of their budgets fenders to choose incarceration rather than wait in the
come from probation fees. Releasing some state jail county jail for a bed to open up. Residential drug
felons early and placing them on probation would treatment centers are substantially cheaper than
address this concern. Moreover, it would provide prison, costing $7,957 per year compared to $16,000
those being released with the supervision they need to for prison.17 Outpatient drug treatment programs, also
successfully reintegrate into the community while known as day treatment centers, are still far cheaper.
ensuring that probation resources are expended on
those who need it rather than those who do not.
A key problem is that due to lack of
Drug Sentencing Reform residential drug treatment beds,
The Legislature should review and revise the state’s there is currently a six-month wait-
drug statutes so that, for possession of a small amount
of drugs, the minimum sentence is low enough to pro- ing list for such programs, leading
vide sufficient discretion for the judge to choose an many judges and even some offend-
alternative to a long prison term. Some 21.7 percent
ers to choose incarceration rather
of Texas prisoners, which amounts to approximately
32,550 inmates, are incarcerated for nonviolent drug than wait in the county jail for a bed
offenses.15 Even for drug offenses where prison time to open up.
may be appropriate, excessively high upper ceilings
should be lowered.
Drug laws such as Chapter 481 could also be modi-
For example, Chapter 481 of the Health and Safety
fied to allow or instruct judges and juries to consider
Code creates a third degree felony for possession of
the specific factual circumstances other than simply
between one and four grams of drugs in Penalty
the quantity to distinguish between users and dealers.
Group 1, which include morphine and methadol. Un-
For instance, the offender’s criminal history, if any,
der Section 12.34 of the Penal Code, a third degree
and age should be considered in determining whether
felony requires a prison sentence of between two and
incarceration is appropriate. Those caught possessing
ten years. By raising the threshold for the amount of
drugs in their late teens or early 20’s may have come
drugs that turns a state jail felony into a third degree
under the influence of older individuals and are espe-
felony, dealers could continue to face significant
cially likely to benefit from community-based treat-
prison terms while mere users can be redirected into
ment as compared with incarceration.
mandatory treatment in inpatient or outpatient reha-
bilitation programs. Similarly, some current state jail
felonies for possessing small amounts of drugs could
be lowered to Class A misdemeanors. This would
spare many minor drug offenders the difficulty that
convicted felons face when trying to find employment
and housing, obstacles that sidetrack recovery and
community reintegration.
4 TEXAS PUBLIC POLICY FOUNDATION
TEXAS ASSOCIATION FOR 17 C O U R T A D M I N I S T R A T I O N
May 2006 How to Avert Another Texas Prison Crowding Crisis
Leasing New Beds from Private
Operators
Private corrections facilities can in-
While the policy recommendations highlighted above
have the potential to eliminate any need for new beds, carcerate offenders in pre-release
if new beds must be freed up, no new state prisons minimum security facilities with a full
should be constructed. Historically, such building array of education, treatment, and
sprees have created an ever-escalating prison popula-
tion floor. To avoid building new prisons, the state reentry services for $30 a day.
has appropriated funds to lease 6,000 beds in county
jails and a handful of beds in other states over the
next two years.18 In February, California Governor Arnold Schwar-
zenegger announced a groundbreaking plan to move
However, the continued leasing of county jail beds at least 4,500 nonviolent women prisoners from tradi-
for $40 a day offers a poor value to the state because tional prisons in rural areas to privately operated
these jails have a dearth of education, treatment, or community centers near their families where they
job training services, all of which are correlated with would receive education, drug treatment, job training,
reduced recidivism. According to a 2005 study, only and counseling.20 If the California Legislature ap-
a third of Texas county jails have any kind of sub- proves this plan which is based on years of academic
stance abuse treatment program.19 Private corrections research, the results will be instructive for Texas and
facilities can incarcerate offenders in pre-release other states looking to reduce traditional incarceration
minimum security facilities with a full array of educa- and harness the benefits of community-based correc-
tion, treatment, and reentry services for $30 a day. tions and private sector innovation.
While private operators traditionally required a long-
term contract from the state to justify their upfront
construction costs, at least one operator in Texas has
agreed to begin taking overflow inmates without any
such commitment, but TDCJ continues to lease beds
from county jails instead.
Adult Incarceration Actual & Projected Populations
Fiscal Years 2000-2010
Source: “Adult and Juvenile Correctional Population Projections, Fiscal Years 2005-2010,” Legislative Budget Board 2005, available at
http://www.lbb.state.tx.us/PubSafety_CrimJustice/Projections_Reports_2005.pdf.
TEXAS PUBLIC POLICY FOUNDATION 5
TEXAS ASSOCIATION FOR 18 C O U R T A D M I N I S T R A T I O N
How to Avert Another Texas Prison Crowding Crisis May 2006
Conclusion
Texas prisons have once again reached their breaking Policy Recommendations
point, and policy changes will be required to avoid
the necessity of creating even more new prison beds.
In addition to averting the costs associated with
Reduce Probation Revocations to Prison
bringing new beds online, the reforms discussed Require that all probation departments and judges
herein could have many other positive consequences. adopt progressive sanctions model
Shorten probation terms to terminate probationers
who have met obligations
The sheer number of prisoners in
Legislatively limit probation revocations for non-
Texas and the budgetary demands violent new offenses, such as minor drug posses-
they create means that many soon- sion that would not otherwise result in prison
to-be-released inmates cannot obtain
State Jail Confinees Eligible for Supervised
services such as treatment for drug Release
addiction or mental illness.
Allow state jail confinees to apply for parole
through the Texas Board of Pardons and Paroles
Release selected state jail confinees exhibiting
Not only could these changes eliminate the need for good behavior to probation
more prison beds, but they could also result in a re-
duction in the current prison population. Prison Drug Sentencing Reform
crowding increases the likelihood of riots, prison Reduce offense levels for possession of small
rape, and other disturbances, which have recently quantities of drugs
spiraled out of control in California.21 Crowding also
makes it nearly impossible for TDCJ to assign in- Empower judges to consider factors other than
mates to units by matching the services offered with quantity in sentencing
the inmate’s needs because of the overriding capacity Expand drug courts and judge-ordered mandatory
concerns that drive assignments and transfers. Fi- treatment and counseling as alternatives to incar-
nally, the sheer number of prisoners in Texas and the ceration
budgetary demands they create means that many
soon-to-be released inmates cannot obtain services Increase availability of residential and outpatient
such as treatment for drug addiction or mental illness. substance abuse treatment facilities
To be sure, there are many unreformed violent of- Leasing New Beds from Private Operators
fenders who must be in prison to incapacitate them Use short-term leases in lieu of building any new
during their prime crime-committing years. However, state prisons or jails
the state would be better served with a smaller prison
system that can better tend to such inmates while Select private operators with full range of prison
freeing up resources for more effective correctional and reentry services
alternatives for nonviolent offenders.
Marc Levin, Esq., is the director of the Center for
Effective Justice at the Texas Public Policy Foundation.
Contact Marc Levin at: mlevin@texaspolicy.com.
6 TEXAS PUBLIC POLICY FOUNDATION
Reprinted with permission. Article was originally printed in “Texas Public Policy Foundation” May 2006 Issue.
TEXAS ASSOCIATION FOR 19 C O U R T A D M I N I S T R A T I O N
SURVEY OF TEXAS JUDGES WHO HEAR MISDEMEANOR DWI CASES
The Texas Center for the Judiciary has received SUMMARY OF PROBATION SENTENCE RESPONSES
a three year grant from TxDOT to increase the
First Offender Repeat Offender
effectiveness of DWI adjudication in Texas through
improved training, technical assistance, and support Average Probation 120 days probated for 18 9 months probated for 24
for judges who preside over impaired driving cases. months with $400 fine months with $750 fine
Pursuant to the grant, a new staff position at the Texas Lowest Probation 60 days probated for 12 6 months probated for 24
Center was created and Judge David L. Hodges months with $100 fine months with $500 fine
was selected to serve as the Texas Judicial Resource
Liaison. One of the grant goals was to survey judges Highest Probation 180 days probated for 24 12 months probated for
who hear DWI cases to determine how DWI cases are months with $750 fine 24 months with $3,000 fine
being handled across the State.
The surveys were sent to 223 judges, geographically The average negotiated probation plea for repeat
dispersed throughout the State, from both rural offenders was 9 months in jail, probated for 24 months,
and urban areas, with a widely varying caseload. with a $750 fine. The average negotiated jail plea for
Responses were received from judges who had from repeat offenders was 108 days. The lowest negotiated
five months to twenty years on the bench and who probation plea was 180 days probated for 24 months
disposed of from fifty to 1800 cases per year. Needless and a $500 fine while the highest was 12 months in
to say, this survey does not have the requisites of a jail probated for 24 months with a $3,000 fine. Jail
standard statistical sample and some answers are sentences ranged from 30 to 365 days.
more anecdotal than empirical (based on a judge’s
experience and observations). Keeping that caveat SUMMARY OF JAIL SENTENCE RESPONSES
in mind, on average, the judge hearing misdemeanor JUDGES WHO HEAR MISDEMEANOR DWI CASES
DWI cases had seven years on the bench and disposed First Offender Repeat Offender
of 440 cases per year.
This article outlines some of the parameters of DWI Average Negotiated Jail Plea 50 days + costs 108 days
cases Texas judges are currently hearing and reflects Lowest Negotiated Jail Plea 3 days + costs 30 days
judicial attitudes toward and use of sentencing, Highest Negotiated Jail Plea 90 days + costs 365 days
sanctions, treatment, license suspensions and
provisional licenses, and breath interlock devices. Sentencing Incentives:
The average judicial DWI docket is comprised of Judges were questioned about the need for
85% first time DWI offenders and 15% repeat offenders. additional incentives they would like to have available
Ninety percent first time DWI offenders received a when sentencing DWI defendants. The options
probated sentence while seventy-five percent repeat presented were:
DWI offenders received probation. (1) Suspension of all or a portion of the “civil
penalty” for successful completion of probation
SUMMARY OF CASE MIX AND SENTENCE RESPONSES terms.
(2) Ability to order probation of the mandatory
First Offender Repeat Offender
driver’s license suspension as long as conditions
Defendant Characteristics 85% 15% of probation are successfully complied with.
(3) Deferred adjudication of guilt, with the
Sentenced to Probation 90% 75%
provision that, even if successfully completed,
Sentenced to Jail 10% 25% the offense could be used for enhancement
for any subsequent offenses.
Seventy-five percent of the respondents checked
The average negotiated plea for first offenders one or more of the incentives. Number two was
accepting probation was 120 days, probated for checked most often followed by number one, and
eighteen months, with a $400 fine. The average then number three. All but one of the respondents
negotiated jail plea for first offenders was fifty days checked number two along with either one or three,
and costs. It is interesting to note that the lowest and 20% checked all three.
negotiated plea was sixty days in jail probated for When questioned about additional incentives they
twelve months with a $100 fine and the highest was would like to have available, the judges responded as
180 days in jail probated for twenty-four months and follows:
a $750 fine. Likewise, the lowest negotiated jail plea • affordable/available alcohol and substance
for first offenders was three days and the highest was abuse treatment
ninety days. • state-sponsored alcohol rehabilitation, 30-day
inpatient
TEXAS ASSOCIATION FOR 20 C O U R T A D M I N I S T R A T I O N
• treatment other than Alcoholics Anonymous • require logbook be kept in car with copy of
• availability of early release as an incentive order (especially when there are no set working
• mandatory inpatient treatment if two or more hours)
DWIs within five years • rarely allow under age 21 to have ODL;
• deferred adjudication with court supervised applicant must be present at hearing
intensive supervision and mandatory jail time All judges reported that they require alcohol
• inpatient treatment for indigents counseling and ignition interlock if required by statute,
• deferred adjudication for DWI should be and some judges impose additional requirements such
available because many cases are being as random urinalysis and the maintenance of written
reduced or pled to some other offense (like driving logs to be kept with the occupational license
obstructing a highway); deferred would be or filed monthly with the clerk of the court.
better since the ramifications for violations
would be greater and the judge would have DWLI Issues:
greater control The number of Driving With License Invalid cases
has increased exponentially over the past several
Driver’s License Issues: years. In most courts the number of DWLI cases now
The judges were questioned about the perceived equals or exceeds the number of the DWI cases, and
effectiveness of driver’s license suspensions. Three in several courts there are 50% more DWLI cases than
out of four judges answered this question; their most DWI cases. One judge’s response was “too many to
common response was current laws are “ineffective.” count!”
Additional comments are as follows: A question about the average disposition of a
• need codification- too confusing DWLI case had the widest range of response. Many
• need to have ability to deny ODL for safety jurisdictions granted deferred for the first offense with a
(currently can only deny if no essential need is $300 - $500 fine. Others simply imposed three days and
shown) $100 fine. Deferred and pretrial diversions are used
• with the surcharge in place, there is no incentive extensively because a conviction results in a subsequent
for a person to validly get their license back suspension. In one jurisdiction, if a clearance letter is
• sanctions are too severe economically received from DPS, the case is reduced to failure to
• inability to pay reinstatement fees and civil display a valid license. In those jurisdictions where
penalties creates a whole new class of deferred is granted, standard probation or jail are the
offenses… my court is swamped with DWLI’s only options for any subsequent offenses.
• not effective; most just continue to drive and
get charged time after time Sanctions:
• ineffective - no public transportation and Judges were asked if any intermediate sanctions
defendants can not afford ODL so they drive were being used before or in lieu of the filing of a
anyway Motion to Revoke. Intermediate sanctions being used
• ODL should be made part of the criminal are:
case (not a separate civil matter) so it can be • intensive supervision and extension of
incorporated into the plea agreement and probationary period
granted when defendant is in court • weekend jail time
• worthless - possibly the biggest waste of judicial • extending probationary period
resources and total waste of effective deterrent • weekly reporting
ever created by a legislative body • show cause hearings held by Judge before
With regard to occupational driver’s licenses, Motion is filed
only 5% of the petitions are denied. When granting • converting fine and court costs to community
an occupational driver’s license, 85% percent of the service
judges allow more than the four-hour minimum. Most • modification agreed to by defendant
judges reported they had established policies but very • additional jail time as a term of probation
few were reduced to writing. Stated policies are as • interlock device
follows: In all but one jurisdiction, revocations are disposed
of by plea recommendations. In most cases the original
• require copy of prior criminal history in writing sentence is reduced in exchange for defendant’s plea
before granting order of true, and the average reduction is 50%.
•· require verification of employment in writing Very few judges reported problems regarding the
• require written permission from employer to use of breath interlock devices. The problems that
drive company vehicle were reported were:
• require hearing in open court with defendant • reliability
present and sworn testimony regarding • costs too much
employment • lack of reporting
TEXAS ASSOCIATION FOR 21 C O U R T A D M I N I S T R A T I O N
• too many false readings • allow misdemeanor courts to handle felony
• provider cannot say low positive is attributed to DWIs
alcohol consumption • take away the right to jury trial on sentencing
•· only have one local provider phase
• seize repeat offenders car upon arrest, do not
Behavior Change Options: charge storage fee
When asked to rank the effectiveness of probation, • make second offense a felony (this was the
jail time and fines, and driver’s license suspension most common response)
in changing behavior, 73% of respondents chose One of the expressed purposes of the survey was
probation as the most effective; 20% chose jail as most to determine the educational needs of judges to
effective; 7% chose driver’s license suspension. hear DWI cases. As a result of the survey, DWI-specific
Additional methods used by judges to change education will be offered at this year’s Criminal Justice
behavior included: Conference (August 2-4, 2006), and Judicial Section
• educational programs Annual Conference (September 10-13, 2006). Topics
• counseling support groups (AA,NA) will include the proper administration of Standardized
• job skills training Field Sobriety Testing (including Horizontal Gaze
• mandatory inpatient treatment Nystagmus); defense objections and cross-examination
• condition of probation order and appearance techniques; training specific to the breath interlock
bond that defendant may not refuse intoxilizer device, including its proper installation and operation,
test if stopped by law enforcement or probation interpreting the written reports, and most common
officer methods used by defendants who attempt to defeat
the device. Our intention is to design the training to
Systemic Change Recommendations: allow for more discussion and less lecture so that we
Judges were asked the question: “What in your can learn from each other and address common
experience is working and/or not working with problems in these areas.
our current system of impaired driving statues?” A If you have any questions or suggestions concerning
representative sample of the responses follows: the survey, educational subject matter, or method of
• increase penalty for refusal instruction, please contact:
• use evidentiary search warrants for refusals and
draw blood Judge David L. Hodges
• consider interlock on all vehicles Judicial Resource Liaison
• if subsequent offender, impound vehicle at Texas Center for the Judiciary
arrest and refuse ODL 1210 San Antonio, Suite 800
• civil penalties do not work Austin, TX 78701
• we need intensive treatment options and 512-482-8986
close supervision in the context of deferred 254-840-3291
adjudication 254-744-1115
• treat symptoms, not causes dhodges@yourhonor.com
When asked what would help dispose of DWI cases Reprinted with permission. Article originally printed
more efficiently, the judges responded: in the Summer 06’ “In Chambers” publication.
• getting offense reports more promptly and
quicker filing by District Attorney
• the state needs more Technical Supervisors; my
trial scheduling is next to impossible
• deferred with mandatory alcohol A SPECIAL THANK YOU TO
rehabilitation
• deferred with judicial oversight of civil
penalties
THOMSON WEST
• deferred with mandatory jail time as a condition
and intensive supervision
FOR CONTRIBUTING TO
When asked how the system could be changed to
TACA’S 30TH ANNIVERSARY
more effectively deal with the repeat offender, judges
responded:
CELEBRATION ABOARD
• we need more DWI courts
• SCRAM and other dependable monitoring
THE U.S.S. LEXINGTON IN
needs to be more affordable or provided by
state
CORPUS CHRISTI!
TEXAS ASSOCIATION FOR 22 C O U R T A D M I N I S T R A T I O N
TEXASLAWHELP.ORG DOUBLES CONTENT AND QUADRUPLES
NUMBER OF VISITORS DURING 18-MONTH GRANT PROJECT
Austin, TX—An average of 15,000 people are zip code or county. Visitors can access income
going online each month for reliable civil legal eligibility guidelines and types of services provided
information at TexasLawHelp.org, a Web site by various legal aid offices.
featuring free legal content, self-help forms and Additionally, the site features free self-help
a legal aid directory. Many Texans cannot afford forms, such as “Divorce without Children” and a
legal representation, but through the resources “Protective Order Kit,” which allow low-income
available on TexasLawHelp.org, they are finding Texans to represent themselves in simple legal
ways to handle their legal issues. matters. The free forms available on TexasLawHelp.
The Texas Equal Access to Justice Foundation, org are specially designed to be accepted in all
the Travis County Law Library and the Texas Legal Texas courts.
Services Center came together in 2005 to form All proprietary content at TexasLawHelp.org
the Partnership for Legal Access to expand and has been developed and reviewed by licensed
enhance TexasLawHelp.org. With a grant from Texas attorneys. The site now boasts 800 resources,
the Texas Education Agency, the Partnership for many of which are available in both Spanish and
Legal Access implemented an outreach, training English.
and legal content project which has seen several Site visitors have praised TexasLawHelp.org,
key accomplishments: calling it “very helpful and very supportive.”
• A 300 percent increase in monthly visitors to Librarians and community advocates have
TexasLawHelp.org, from 4,400 in February lauded the site as a “priceless” and “informative”
2005 to 18,000 in July 2006 resource.
• The addition of 400 new resources Betty Balli Torres, executive director of the Texas
to TexasLawHelp.org, including legal Equal Access to Justice Foundation, says of the
information and self-help forms project, “The response to TexasLawHelp.org has
• 295 librarians and community advocates been overwhelming, which speaks to the great
across the state trained in how to help need for reliable, affordable legal information.
patrons and clients use TexasLawHelp.org Through the Web site, the legal aid community
TexasLawHelp.org addresses a wide range is efficiently leveraging its limited resources to
of civil legal issues, including family law matters, reach the greatest number of people. While
housing, disability rights and more. Examples of TexasLawHelp.org does not take the place of
the types of resources that can be found on the legal representation, it does put important legal
site include: “Answers to Questions about Child information into the hands of Texans who need it
Support in Texas,” “Alternatives to Bankruptcy” the most.”
and “Wage Rights in Texas.”
TexasLawHelp.org offers a comprehensive This article was contributed by the Texas Equal
legal aid directory that can be searched by Access to Justice Foundation.
Special thanks go out to the conference vendors.
Congratulations to the winners of the vendor door prizes.
• Smart Start • Internet Probation & Parole Control
Winner: Martha Everett, Amarillo Winner: Yolanda Short
MP3 Player Pampering Foot Set
Winner: Elida Deleon
• JAVS Bath Set
Portable Media Player
• Local Government Solutions
• BIS Digital Winner: Nora Anderson
Winner: Jo Ellen Stephens Night Light
Portable DVD Player & Bag
TEXAS ASSOCIATION FOR 23 C O U R T A D M I N I S T R A T I O N
Direct Electronic Filing in Criminal Cases
Task Force on Indigent Defense, Office of Court Administration
Public Policy Research Institute, Texas A&M University
Study Objective
The Task Force on Indigent Defense seeks to provide practical, evidence-based guidance for jurisdictions to
follow in implementing criminal justice processes that are fair, accurate, timely, efficient, and effective.
Integrated information systems offer a promising approach for improving these outcomes for prosecutors and
defense counsel alike.
Direct electronic filing in criminal cases is defined as a case management strategy to automate the flow of
information for the screening and filing of criminal cases directly from law enforcement to the prosecutors to
the court system. This strategy uses a variety of technologies to document case-related information, support
decision-making, and monitor the progress of persons arrested through the system.
Research Approach
To test the impact of electronic information-sharing systems on case processing, four study groups representing
a continuum of inter-departmental integration were identified in three counties. Bexar, El Paso and Harris
Counties graciously provided detailed data on all misdemeanors disposed in calendar year 2004 resulting in a
final dataset of over 90,000 cases. An overview of the study sites and research model is presented in Figure 1.
Figure 1. Direct Electronic Filing Research Design
Findings
The greatest case processing efficiencies are gained by integrating effective work practices and information-
sharing technology at critical points in the caseflow process. These include:
1) Timely transfer of law enforcement reports to the district attorney’s office. The most powerful impacts
of direct electronic filing systems occur during the first few hours of case processing. Law enforcement
officers submit offense reports before the end of their work shift.
TEXAS ASSOCIATION FOR 1
24 C O U R T A D M I N I S T R A T I O N
2) Determination of charges and preparation of charging documents within the district attorney’s office.
With early access to case information, a prompt and informed decision can be made about whether to
file charges.
3) Transfer of filings to the clerk of courts. After charges are screened and accepted by the prosecutor, the
charging instrument is quickly available for submission to the clerk and the number of people required
to generate the filing is reduced to one.
Figure 2. Elements of a Model Criminal Direct Electronic Filing System
Technological Solutions Work Solutions
Electronic transmission of
case-related information
from law enforcement to the Cross-agency commitment
prosecutor for an early filing to long-term collaboration
determination
Early electronic Ongoing commitment to
confirmation of defendants’ case processing
identity improvements.
Electronically facilitated
filing Repeated opportunities for
cross-agency education
Integration of information
technology systems across
departments involved in Flexible and adaptive work
justice processing practices
Expanded public access to
defendant information
Sites utilizing these practices demonstrated the most efficient overall outcomes:
Nineteen percent of all El Paso’s DIMS cases were reviewed and rejected by the prosecutor before
the arrest was complete. Harris County estimates that 10 percent of cases are cleared prior to arrest.
Where direct electronic filing is used, prosecutors typically receive offense reports in about 7 hours.
By contrast, offense reports for El Paso’s non-DIMS cases require an average of 19 days to reach the
prosecutor.
Fifteen to 25 percent of all misdemeanors are disposed within three days of arrest where DIMS is
available. This is possible because most filings are complete in less than one day following arrest.
Counties without electronic filing are unable to dispose any cases within three days.
Sites with direct electronic filing detained up to 18 percent fewer individuals following arrest.
Among defendants that are detained, those in systems where direct electronic filing is available are
charged sooner and released faster than at sites without DIMS technology.
TEXAS ASSOCIATION FOR 2
25 C O U R T A D M I N I S T R A T I O N
2007 CALENDAR OF EVENTS
JANUARY JULY
• Board Action Plan Meeting • NACM Annual Conference
January 16-17 July 8-12, Chicago, Illinois
• Curriculum Meeting
January 18-19, Huntsville, Texas AUGUST
• Regional Judges Conference • Pre-Conference Meeting
January 21-23, Fort Worth, Texas Not Posted Yet, San Antonio, Texas
FEBRUARY SEPTEMBER
• NACM Mid-Year Conference • Judicial Section Annual Conference
February 11-13, New York, NY September 16-19, Galveston, Texas
• Regional Judges Conference
February 11-13 OCTOBER
• TACA Annual Conference
JUNE October 9-12, San Antonio, Texas
• Professional Development Program
Not posted yet, Austin, Texas
NON-PROFIT ORGANIZATION
Texas Association for Court Administration U.S. POSTAGE PAID
Correctional Management Institute of Texas HUNTSVILLE, TEXAS
George J. Beto Criminal Justice Center PERMIT NO.26
Sam Houston State University
Huntsville, TX 77341-2296
