Bell County Bar Association News

Please see attached listings for new dates on the plea settings on bonds for the week of 3/23/20 to 3/27/20.

Bond plea settings week of Mar 23 to Mar 27 2020.pdf

See attached.

CCL2 Special InstructionsContinuanceCase Setting form.pdf

FOR THE SAFETY OF OUR STAFF AND THE PUBLIC, EFFECTIVE IMMEDIATELY,

 THE BELL COUNTY

DISTRICT CLERK’S OFFICE

 IS CLOSED TO THE PUBLIC.

 HOWEVER, OUR OFFICE REMAINS FULLY STAFFED TO ACCOMMODATE YOUR NEEDS. FOR SERVICE PICK-UP, PLEASE CONTACT 933-5196 TO MAKE ARRANGEMENTS.

WE APOLOGIZE FOR ANY INCONVENIENCE.

Please see attached notice from Joanna Staton, Bell County District Clerk.

Due to the ongoing concerns regarding COVID-19 {Coronavirus), the Bell County District Clerk's Office has implemented a few changes, effective immediately. It is our hope and plan to remain open to continue to serve the citizens of Bell County; however, the health of the employees and their families is certainly a priority of mine. It is my goal to eliminate as much public contact and traffic in and out of our office as possible; therefore, I am asking each of you to comply with the following temporary guidelines:

• JURY SUMMONS: If you have received a jury summons for March 23, March 30, or April 6, YOU DO NOT NEED TO APPEAR. All jury questions should be directed to our jury coordinator by phone at {254) 933-5949.

• TITLE COMPANY COPY REQUESTS: Please email jina.boydstun@bellcounty.texas.gov and she will email your copy. Certified copies can be mailed or picked up. You may also reach her by
phone at (254) 933-5958.

• ATTORNEYS AND MEMBERS OF THE PUBLIC: Please conduct as much business as possible online or by phone. The majority of our services are available to you online or we will be happy to answer your questions by phone by calling {254) 933-5197 for Civil or {254) 933-5200 for Criminal.

• PRO SE LITIGANTS: Please mail in your documents along with your payment to Bell County District Clerk, PO Box 909, Belton, Texas 76513, or you may file your petitions electronically through www.efiletexas.gov, if possible. If you need assistance withe-filing, please contact their help line at 1-855-839-3453.

• ALL OTHER COPY REQUESTS: FAMILY/CIVIL copy request may be made through e-file, by phone (254) 933-5198, by fax {254) 933-5292, or emailed to dccopyrequest@bellcounty.texas.gov.

CRIMINAL copy requests may be made through e-file, by phone {254) 933-5193, by fax {254) 933-5199, or emailed to dcfelonycopy@bellcounty.texas.gov. We also accept all copy requests
by mail to Bell County District Clerk, PO Box 909, Belton, Texas 76513. All copy requests are handled expeditiously.

With the above said, I apologize for any inconvenience this may cause, but we all need to work together and do our part to keep ourselves and our community healthy! Thank you for your understanding during this time.

Respectfully,

Joanna Staton
Bell County District Clerk

Bell Co Dist Clk COVID-19 protocol.pdf

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