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New SCOTX Order Regarding Courts

9/25/2020

 
The Supreme Court of Texas has issued  a new order on court re-openings. The Order restates that whenever possible court participants should be allowed to participate via video or telephone conference. The Order also states that justice or municipal courts (i.e. small claims or traffic tickets) should not hold in-person jury trials until at least December 1. 

The order does allow district court (family and felony cases) along with county courts (misdemeanor cases) to hold jury trials if they meet certain conditions such as (1) submitting a plan to the the Office of Court Administration, (2) gained approval from the local administrative district judge and Regional Presiding Judge, (3) consulted with the local public health authority regarding appropriate precautions, (4) has established protocols to prevent anyone with COVID or who's been exposed to COVID from participating and (5) the court have considered any appropriate objections or motions from the parties participating. 

Social distancing requirements will prevent the courts from conducting normal docket schedules but this at least allows for the possibility of holding in person proceedings. It also allows defendants in jail waiting for jury trial to finally have their cases resolved. 
 A full copy of the order can be found here. 

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    Michael Diaz
    Family and Criminal Defense Law

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