Bell County Bar Association News

To:        Attorneys representing defendants in felony courts
From:   J Gauntt, J LePak, and J Jezek
Re:       Interim Procedures in Felony Criminal Courts
Date:    March 17, 2020

We are instituting the following interim procedures immediately:
1.    Please instruct your client, witnesses, etc to remain in the hallways until their case is heard.  We are under directives to maintain social distancing.  You should maintain a minimum distance of 3’ to 6’ between yourself and all other persons.

2.    Cases (pleas and uncontested sentencings) will be scheduled at 15-minute intervals.  We will try to accommodate your schedules as much as possible.  If you will contact the court coordinator no later than noon on the day before the setting, the coordinator can set your cases for specific
times during that day.  It is absolutely essential that you appear at the time of your specific setting.  The number of inmates in holding tanks is further limited by new requirements and your inmate will not be available for long period of time.  If your client is on bond, it will be your responsibility to notify them of the specific time of their setting.

3.    Non-jury trials, contested sentencing hearing, and contested revocation hearing, pre-trial motions, etc. will be specially set as time permits.  Please advise the court or the coordinator of the estimated length of the hearing at the time the case is set.  If witnesses and spectators at a hearing exceed 12 people, please talk with the court regarding scheduling.  You can expect a  delay in hearings where 12 or more people are expected to appear.

4.    Do not appear at Thursday or Friday docket calls (pre-trial, revocation announcements, arraignment, jury docket calls).  Advise your client not to appear for routine Thursday or Friday docket calls.  You should send an email to the coordinator  with a copy to the State’s attorney, by
noon on the day before docket call.  In that email you should make your announcement to the court and advise a proposed date for the next setting.  Also, if you are setting a plea or uncontested sentencing, please suggest a proposed time for the setting.  If an email is submitted to a
coordinator that does not include notice to the State’s attorney, that email will be returned to you without action.  Cases requiring a record will still require the presence of you and your client.

5.    So long as no jury panels are available, all jury trials will be reset 90 days.  If the new date is not convenient for you or the State, please contact the coordinator or court for an agreed reset date.

We are hopeful that these new procedures will reduce the number of persons in the courthouse and in our courtrooms at any particular time.  We want to continue to hear criminal matters without creating unnecessary backlogs.  However, if you or your client are ill or not feeling well, please
advise the court prior to your setting.  We do not want to risk anyone’s health.  Cases can be reset.

Thank you for your cooperation and your patience.

March 16, 2020

Attorneys/self represented litigants:

                The Supreme Court and Court of Criminal Appeals here ordered all courts in Texas to take action to avoid exposing court proceedings to the threat of COVID-19.  To accommodate this directive until further notice, all proceedings in the 146^th District Court will be subject to the following:

• 1.       “Essential hearings” that will be conducted as usual are only for family violence protective orders, temporary restraining orders and other matters approved by the Court.
• 2.       Any other hearing will be conducted by telephone only, provided that all parties agree to a telephone hearing.  In such instances, the attorneys/self-represented litigants must make arrangements at least one day in advance through the court coordinator, who will provide further instructions.
• 3.       If you have a hearing already scheduled, contact the Court Coordinator (by telephone or email) and advise her of your plans.  If we do not hear from you your hearing will be removed from the docket.
• 4.       All statutory and court imposed deadlines are suspended until further notice.
• 5.       Please be patient.  We do not like this any more than you.  We will attempt to accommodate you as much as we reasonably can.

 Jack Jones
146^th District Court Judge

Stacy Dunivent
146^th District Court Coordinator

 

 

Please refer to notice below.

Family Law Attorneys Practicing in the 426th - COVID19_.pdf

See below regarding standard possession order.

Supreme Court - Standard Possession Order.pdf

Bell County Clerk's office COVID-19 protocol attached. Please take note.

Bell Co Clerk COVID-19 Protocol.pdf

Due to various government ordered shutdowns and closures, today I issued orders for the Rosebud, Lott and Mount Calm courts to allow defendants to request a COVID-19 Variance on all mail, fax, window, online, and in-person no-contest and guilty pleas.  

 The order ensures penalties for criminal acts but ensures that necessary financial resources are maintained by citizens so they can effectively respond to the crisis.

 Requests for deferred adjudications and Driver Safety Program are eligible for the variance. The COVID-19 Variance will reduce the fine or special expense fee amount by 50%. Court costs are not eligible for the variance.   Defendants, as always, may continue to exercise their rights and request indigency status, alternatives to payments, and payment plans.  This variance in no way limits a defendant's right to request a trial by judge or jury nor any other right provided by the US and Texas Constitutions. 

 Matthew G. Wright, Presiding Judge 

Please see attached Administrative Order.

Bell Co COVID-19.pdf

FREE CLE:

Practicing Law in the Shadow of COVID19 (webcast)
Mar 20, 2020 from 12:30 pm to 1:30 pm CT
MCLE Credit: 1 hr (includes 1 hr ethics)
MCLE No: 174081355
Applies to the Texas Bar College.

Register online via your Bar page.

ALSO: From Judge Nelson:

Please let members know that The IV-D Child Support Court will be closed until at least April 1, 2020, in accordance with directives from the Office of Court Administration-Austin.  This time frame may be extended to comply with any Bell County Court Suspensions as mandated by Judge Gordon Adams, Administrative District Judge and/or County Judge David Blackburn.

Attorneys should contact the Attorney General's Office in Temple to work out reset dates. 

 We appreciate everyone's cooperation during this time and are available to assist and answer any questions that may arise.

Thank you.

 

Michael J. Nelson

Associate Judge

P. O. Box 1145

Belton, TX 76513

Tel:  (254)-933-5373

Fax: (254)-933-5374

TEMPORARY CHANGES REGARDING THE PRETRIAL DOCKET IN CCL#2 

 Beginning March 16, 2020 and continuing until April 10, 2020 the following changes will be implemented regarding the Wednesday afternoon docket in the CCL#2..

 These changes are intended to reduce the number of people at Court proceedings

 Attorneys are encouraged to use alternate means already in place, such as Case Setting Forms and Agreed Motions for Continuance,  to make pretrial and revocation announcements.

 The defendant’s appearance at the Wednesday 1:15 p.m. docket is waived for pretrial and revocation announcements until after April 10, 2020.

 All Jury Trial and Jury Docket Calls between now and April 10, 2020 will be rescheduled.  Attorneys will need to contact the County Court Coordinator for new settings.

 All hearing other than the 1:15 Pretrial and Revocation Announcement scheduled for March 18, 2020 will be rescheduled.

 Further information regarding the docket will be forthcoming.

Attn attorneys who practice in CPS Court.

See the attached Announcement regarding the Lifesize Video Conference system.

If you have questions, give me a call.

Lifesize procedures.pdf

Cindi Parker