Click here to read a link about what to do if a staff member has become infected. Click here for OCA's benchcard on public access to electronic hearings. https://www.ncsc.org/newsroom/public-health-emergency/webinars, https://www.tjctc.org/tjctc-resources/legal-question-board.html, https://www.tcjs.state.tx.us/technical-assistance/. https://www.youtube.com/watch?v=yLkeg-8vYVQ&feature=youtu.be.”. Greg Abbott announced the allocation of over $171 million in funding from the Coronavirus Aid, Relief and Economic Security (CARES) Act. Judge Rick Hill, Brazos County: (979) 255-0365, Judge Nicholas Chu, Travis County: Direct Office Line: (512) 854-4557 Personal Mobile: (817) 773-6905 Nicholas.Chu@traviscountytx.gov, Judge Bob Whitaker, Victoria County: (361) 575-0246  rwhitaker@vctx.org. Abbott and Matthew McConaughey PSA video, 1701 Directors Blvd Suite 530 Austin Texas 78744, Click Here to Visit Our Youtube Channel for More Information, https://nlihc.org/national-eviction-moratorium, Click here for a CARES/CDC moratorium affidavit. Conduct magistrations by two-way video conferencing instead of in person when possible. 4. Check with the entity that your county contracts with for autopsies to see what their policy is. Notice To Vacate Prior to Filing Eviction Suit Effective September 4, the CDC has imposed a moratorium on residential evictions for “covered persons” who provide a sworn Declaration to their landlord that they meet the qualifications for the moratorium. Click here to view the webinar and download the handouts. Instead, we would recommend sending a summons if they do not appear by their appearance date. Causing damage to the property. COPD, asthma) in Cause of Death – Part II on the Medical 2 tab. Click here to download the Mass Casualty Incidents information from UH Law & Policy Institute. If such agents are applied to a body, we will be unable to accept the case for examination. If you file the case in any other precinct, the court must dismiss your case, and you do not get a refund of the filing fees. Additionally, seek delays in serving or executing the process if it will allow you to do so safely. Exposure to anyone who has recently traveled? for details. The Supreme Court of Texas has issued sweeping orders that gives significant authority and latitude to the courts during this emergency situation, prioritizing public safety. Take deep breaths, stretch or meditate. If a landlord has received a Declaration but believes it to be invalid (for example, they are proceeding on grounds other than nonpyament of rent, or they believe the tenant has not made any effort to pay rent), the landlord can contest the Declaration. If the Declaration is invalid, the court must enter written findings detailing why the Declaration is invalid and outlining the procedures for resumption of the case. Also, Texas RioGrande Legal Aid has composed a map that, while not exhaustive, has tremendous information on covered properties and may be accessed here. Do they have any symptoms? This will decrease the turnaround time for the test. 24.005. In the opinion, Paxton stated that, even in the current emergency situation, local governmental entities do not have the authority to “rewrite the Property Code.” Paxton did not specify any particular ordinances or directives that violate this guideline. In its Emergency Order, the Supreme Court ordered that the Declaration must be sent with all eviction petitions. See the Diversion Program FAQ for forms and documents for courts to use related to the program. This means if the landlord appears on the trial date and the tenant isn't present, and then the landlord tells the court that they have received a Declaration and wish to contest it, the court must reset the case for a future hearing and serve the tenant with notice of the hearing, rather than just continuing immediately with the hearing on the Declaration contest. A property that is a multifamily property that is in forbearance on its mortgage may not file an eviction case based on nonpayment while in forbearance, and must give a 30 day notice to vacate if filing after having been in forbearance. If you are not able to obtain the CCH by fax or secure email, then ask the jail staff if they see anything in the defendant’s record that would potentially trigger the Governor’s directive in Executive Order GA-13. Try to do some other activities you enjoy to return to your normal life. See the section on Remote Jury Trials for more information. En Espanol. Texas State Texas Justice Court Training Center Self-Represented Litigants When an Eviction Case Has Been Filed Against You When an Eviction Case Has Been Filed Against You Information Packet – Click here for information on how to proceed if an eviction has been filed against you. If the result comes back negative and you still desire an autopsy, the case can then be referred to our office at that time. If you need assistance with death certificate wording, please feel free to contact me for guidance. One of the ways that they can do that is by wearing appropriate PPE. - We are performing autopsies as usual for decedents who are NOT suspected of having COVID19. As mentioned in other FAQ, a landlord could not seek back rent in an eviction suit based on any grounds if a Declaration has been provided to them. Order Abating an Eviction Case Order Making Eviction Records Confidential Order Dismissing an Eviction Case (TEDP) Order Reinstating an Eviction Case (TEDP). Spraying the exterior surface of the body bag with a disinfectant after it has been sealed is acceptable as long as efforts are made to prevent the disinfectant from leaking through the zipper onto the face. Share your concerns and how you are feeling with a friend or family member. From the Texas State Bar - We are facing a time of uncertainty and, increasingly, isolation. Forms and Documents The program requires additional language for petitions and citations in eviction cases, for the landlord to swear that they have reviewed the program website (https://www.txcourts.gov/programs-services/eviction-diversion-program/) and to notify the tenant of their rights under this program. Texas Justice Court Training Center unless copying is expressly permitted by federal copyright law. We also record the entire video session and both the documents and videos are stored on our server for access at any future time.”. Click here for an OCA flowchart on releasing judicial records (which are court records other than those dealing with cases). We recognize there is a shortage of masks, gloves, and sanitizers. Fort Bend County Medical Examiner’s Office – Rosenberg In light of COVID-19 in our region, these are additional investigative questions and information that should help identify decedents at low or high risk for exposure to or infection by COVID-19. Other OCA resources related to the COVID-19 pandemic can be found here. Texas Justice Court Training Center 1701 Directors Blvd Suite 530 Austin Texas 78744 Phone: 512.347.9927 Toll Free: 800.687.8528 An Educational Endeavor of the Justices of the Peace and Constables Association funded by a grant from the Texas Court of Criminal Appeals. We value our relationships with our partners and want to ensure that we continue to provide you with the best possible service during this pandemic. Click here for a handout on record requests and release. These measures do not apply to any offense for which a defendant is not eligible for release on a personal bond under Art. The landlord may not be awarded back rent in a judgment in this scenario. The CDC order is not a continuation of the CARES Act. The CDC moratorium order provides that a “covered person” may not be evicted from residential property based on nonpayment of rent or other amounts due under a lease or agreement. If you do receive and print the CCH, destroy it after magistration and make a notation in the file concerning when and how it was destroyed. In all residential eviction cases, the landlord must include in an original or amended petition whether or not: The requirement to include this information in the petition applies to ALL evictions. Also, remember that CARES Act notice to vacate requirements still apply to nonpayment evictions from "covered premises.". Click here for a notice of hearing on a Declaration contest, including a cover letter to be sent if the Declaration is provided after the defendant has already been served with the citation. Your community looks to the courts and to law enforcement for leadership in times of emergency. They also want to provide the JP with other precautions to take when handling the body to keep everyone safe. Here is some information that the vendor provided to us: In addition, the following judges have experience conducting video magistration and have agreed to serve as a resource for anyone who may have questions about the process: Also see the section on this page about holding remote hearings via Zoom for tips and information. Instead, this order provides that a “covered person” may not be evicted from residential property based on nonpayment of rent or other amounts due under a lease or agreement. For more information, click here and see the FAQ section dedicated to the program near the top of this page, as well as the Supreme Court Orders Section for info on the 31st Emergency Order. Courts are permitted, and should do so when necessary to protect public safety, to toll any answer deadlines that occurred after March 13, 2020, until a date no later than April 1, 2021, as authorized by the Supreme Court's 33rd Emergency Order. Use your best judgment and common sense. “Our service, VideoMagistrate, is a web based video conferencing solution that requires no dedicated video conference hardware while utilizing existing computer webcams and microphones, this means our service can be used anywhere you have internet access. If the test is positive for COVID-19, an autopsy will not be performed. Abbott and with the Texas Department of Housing and Community Affairs has created the Texas Eviction Diversion Program, which is designed to curb a surge of COVID-related evictions, assist vulnerable tenants, and provide an alternative to eviction for landlords. What if a Case is Filed in Violation of the Act? Take breaks from watching, reading, or listening to news stories. Eviction Cases are governed by Rules 500 – 507, and Rules 510.1 0 510.13, Texas Rules of Practice in Justice Courts. Again - to reiterate, autopsies will be postponed until testing is confirmed negative. Two of those are listed directly below, click the lab name for a link to COVID-19 information on their websites. Eligibility for the program will be determined by the Texas Department of Housing and Community Affairs (TDHCA). And on Friday, October 9th, the CDC published a Common Q&A document for additional information. You can accept those citations, and they are sufficient to institute a case. It can be upsetting to hear about the crisis and see images repeatedly. Here are some ways to protect your Zoom meetings from being hacked: Check out these articles for more information, https://www.inc.com/jason-aten/hackers-are-trying-to-get-into-your-zoom-meetings-here-are-5-ways-to-stop-them.html, https://www.foxbusiness.com/technology/securely-host-zoom-meetin. Our American Forensics Death Investigators, Nicole and Ashley, will continue to investigate cases that are sent to us. If a valid Declaration has been provided, the court should abate the case until the moratorium expires. Click here for the International Law Enforcement Trainers' Association (ILEETA) COVID-19 trainer resource page, with lots of links, videos, and more. Click below for information: CARES Act protection for renters. Please keep checking back for more updates. Judge Michael Roach (county judge, Stephens County): Judge Yadi Rodriguez (Hutchinson County), 806-273-0103. This authorization currently expires April 1, 2021. Some labs in Texas are testing samples for Medical Examiners and Justices of the Peace. Who is their physician? Guidelines for Using the CCH: The Commission has provided the following guidelines with respect to the distribution and use of this sensitive information: We will advise you of any further developments concerning the CCH Guidelines. If the magistrate prints the CCH, it must be destroyed after use or placed in the case file. They may be willing to share any extra PPE that they have or let a JP’s office add on to an upcoming bulk order. TJCTC has created 22 bench cards designed for use as a quick and handy reference guide during the magistration process. Additionally a copy of the Declaration form must be attached to the citation. Click here for the Johns Hopkins University coronavirus site and map. Quick exposure control can protect the rest of your office and the public. Click here for a website with updated OCA guidance for handling court cases and here to look up the mandatory operating plans for your county. If you conduct a video magistration, verify receipt and acknowledgement of the Commission’s Guidelines. While they were silent about cases that had already been served, clearly it is permissible, if not mandatory, for courts to provide a copy of the Declaration as well as the notice that must now be included in citations to all tenants in pending eviction cases. In short, the Act applies to all housing programs such as public housing, project-based section 8, Housing Choice Vouchers, LIHTC, etc, as well as the rural voucher program and properties with federally-backed mortgages (HUD, Fannie Mae, Freddie Mac; more detailed definitions are in the Act). If a constable executing a writ of possession discovers that a tenant claims to have delivered a Declaration to the landlord, the constable should immediately notify the court of the Declaration and wait for an order from the court to resume execution of the writ. TJCTC is still open for business, working remotely! Go to https://info.lexipol.com/webinar-coronavirus-stress-management to view a webinar on managing your stress so that you can continue to effectively serve your community. This will help protect the health and safety of jail staff and law enforcement officers, in addition to that of defendants and other inmates. Connect with others. The CARES Act does not apply to commercial evictions, since it only applies to "dwellings." Remember that the CARES Act pleading requirements still apply, as does the 30 day notice to vacate requirement if the CARES Act applies and the eviction is for nonpayment of rent. Including in the second tier of Phase 1A: "Medical examiners and other medical certifiers who have direct contact with decedents." This webinar qualifies for 2 hours of judicial education credit, including 2 civil hours. The following is Travis County ME’s updated information for JPs: For natural deaths occurring in patients who have been diagnosed prior to death with COVID-19, those decedents do not require an autopsy and we do not expect that those cases will be referred to our office unless an autopsy would have already been required for a reason other than potential COVID-19 infection (for example, a suspected homicide or suicide case). If a Declaration has been provided to the landlord, the court may not proceed unless the judge holds a hearing to determine whether they can proceed and enters a written order detailing why the case may proceed. 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