Contact the court clerk for … The case will be paused until the moratorium expires (currently March 31, 2021) unless and until the landlord contests the Declaration, in which case the court must hold a hearing. Click here for the International Law Enforcement Trainers' Association (ILEETA) COVID-19 trainer resource page, with lots of links, videos, and more. Suite 530 Austin, TX, 78744 Citations must include a new warning to the tenant about the CDC moratorium in both English and Spanish. Contact us. TJCTC has created 22 bench cards designed for use as a quick and handy reference guide during the magistration process. Additionally, this eviction petition includes a space for the plaintiff to incorporate the affidavit into their petition. Provides procedure for cases where a Declaration has been provided, and requires courts to send a copy of the Declaration along with a citation containing information about the moratorium. Need to just vent or to be heard? Actions that endanger the health and safety of others, like drug activity or violent crime. Click here to read those sections. Eviction cases in which the grounds for eviction are not related to nonpayment. We will advise you of any further developments concerning this Executive Order. It is important to remain calm, recall training, and work with other government and health officials to ensure that emergency planning is put into action to protect everyone from unnecessary exposure. Your court can choose to comply with the request to send future records if desired, or can require the requestor to continue filing new requests. The CARES Act does not apply to commercial evictions, since it only applies to "dwellings." It can be upsetting to hear about the crisis and see images repeatedly. 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. Click here for Sample Zoom Instructions to send to parties, and see other sample forms in other sections. Questions have come up on how to handle defendants who are unable to immediately pay fines and court costs, since community service may be difficult to perform due to the coronavirus pandemic. Note that the CDC order only protects against eviction for nonpayment of rent. The premises is a "covered dwelling" under the CARES Act; The plaintiff is a multifamily borrower in mortgage forbearance under Section 4023 of the CARES Act; and, If a 30 day notice to vacate was given as required by the CARES Act (. One of the ways that they can do that is by wearing appropriate PPE. We also record the entire video session and both the documents and videos are stored on our server for access at any future time.”. Texas Lawyers’ Assistance Program (TLAP) has collected valuable online support options for anyone feeling isolated and struggling with a mental health issue or needing recovery support. Any magistrate who uses video magistration must be given a copy of the guidelines and verify receipt and acknowledgement of these restrictions concerning CCH. TJCTC has made the form available in multiple languages both on this page, as well as on its SRL page which tenants can be referred to. Click here for sample Zoom instructions for parties. TJCTC has received questions regarding the authority of the CDC to issue this order. Effect of the Governor’s Order The Governor’s Executive Order applies to the following articles of the Code of Criminal Procedure: • Art. They are asking JPs to contact the ME’s office prior to transport, as they have seen some funeral homes that are putting disinfectant into the decedents’ airways, rendering any testing for COVID-19 non-viable. Additionally, courts are permitted to extend timeframes and deadlines if necessary for health and safety through September 30. The 34th Emergency Order does not provide an explicit procedure for when the landlord wants to proceed despite being given a Declaration before filing, but TJCTC believes the best practice is to take the following steps: A common question has been what if an appeal is filed and then a Declaration is provided to the landlord? Judge Michael Roach (county judge, Stephens County): Judge Yadi Rodriguez (Hutchinson County), 806-273-0103. While we are waiting for test results, the body will be stored at TCME pending the receipt of results. Do they have any symptoms? Please see those sections for details. 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. You may be able to gather information from witnesses that lead you to believe the person died from COVID-19. 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. • Art. Click here for an order to abate an eviction case due to filing of a Declaration. However, only evictions for nonpayment are barred by the CDC moratorium. We will do everything we can to give you information so that you can safely help your community. Jurors may not be permitted or required to appear remotely unless the court ensures that all potential and selected jurors have access to technology to participate remotely. Virtual (or remote) jury trials may be held in criminal cases if the following requirements are met: On July 2, Gov. Please have all officers/investigators get this information on all decedents they investigate or respond: 1. This could be done in an amended petition, including a petition orally amended by presenting sworn evidence or testimony at trial. Since the tenant’s appearance or answer places the landlord’s sworn petition in dispute, the court should not grant an eviction judgment without taking evidence on the trial date on the issue of whether the tenant has provided a Declaration to the landlord claiming protection under the moratorium. Code of Criminal Procedure 49.10 (d) … "A justice of the peace may not order a person to perform an autopsy on the body of a deceased person whose death was caused by a communicable disease during a public health disaster.". - If the deceased dies somewhere other than a hospital and is suspected of having COVID19, then we can conduct the COVID19 testing here prior to the autopsy. Click here for a site with live worldwide updated statistics, including filterable graphs. After carefully reviewing the Supreme Court's Emergency Order, TJCTC believes that the court should immediately abate the case, without processing the appeal. The CDC created a Declaration form, which is available in multiple languages in the "Documents and Forms" section of this FAQ. Abbott issued Executive Order GA-29, requiring face coverings in public, except in counties with 20 or less COVID-19 cases which go through an exemption process. Where Do I File an Eviction Case? It is also important to get contact information for any close relatives or people who might have more information related to these questions. In-person hearings may not be held unless an operating plan has been submitted and acknowledged in writing by the Regional Presiding Judge. The Texas Justice Court Training Center has also allowed judges to apply the CDC protections to older, ongoing cases, and Mock said tenants … (Read the 34th Emergency Order here.). Issues of conflicting orders issued by various local officials within the same county should be resolved by coordinating with each other. 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. The court must consider any objection or motion related to the remote jury trial at least seven days before the proceeding, or as soon as practicable if the motion or objection is made within seven days of the proceeding. If there are issues with body transportation – an overwhelmed system or funeral home personnel getting sick – please do not attempt to move the body yourself. Click below for the form in different languages: Click here for a CARES/CDC moratorium affidavit, which a landlord may file to meet the requirements of the 34thEmergency Order. For Dallas County, click here for a template for a Complaint for Writ of Re-Entry. Take deep breaths, stretch or meditate. https://www.osha.gov/SLTC/covid-19/controlprevention.html. Convictions should be considered if they are found in criminal history records or contained in the complaint or probable cause affidavit. Forms referenced in the webinar may be downloaded in the Forms and Documents section in the CDC Moratorium FAQ at the top of this page. ❤ TJCTC. Note that this webinar was uploaded prior to Gov. Who is their physician? On August 7, Attorney General Paxton issued Opinion KP-0324 (click here to read the opinion) in response to ordinances restricting or pausing evictions passed by counties and municipalities. The CARES Act does not affect the following: How Can it be Determined if a Property is a Covered Dwelling? If only one tenant provides a Declaration, that tenant would be a “covered person” but the other tenants could be evicted. Click here for a list of questions and answers from the CDC moratorium webinar, including some answers that have been updated since the webinar happened. The Supreme Court has extended its prohibition on in-person jury proceedings in justice court until April 1st in its 33rd Emergency Order. As explained in this FAQ section, on March 29, 2020, Governor Abbott issued Executive Order GA-13 prohibiting the release of a defendant on a personal bond if the defendant is currently arrested for, or was previously convicted of, a crime that involves physical violence or the threat of physical violence. In the case where the landlord swears in the petition (or an attached affidavit) that no Declaration was given by the tenant, and the tenant does not answer or appear, the court must take the sworn petition as true under Rule 510.6(b), and proceed with the case normally. The Office of Court Administration should issue detailed guidance to assist courts wishing to conduct remote jury proceedings and should offer, to the greatest degree possible, assistance to those courts in conducting the remote jury proceedings. Click here to download the Mass Casualty Incidents information from UH Law & Policy Institute. This is a time when ‘reasonable location’ may mean performing inquests over the phone. The Department of Labor has many resources (click here) that explain the new law and temporary rule. **End of seminar for 16-Hour Attendees** 5 ustice of the eace eminar chedule , . This authorization currently expires April 1, 2021. Click here for an updated eviction petition that allows the landlord to incorporate the CARES/CDC affidavit into the petition. Abbott's Executive Order of March 29, 2020. The CDC created a Declaration form, which is available in multiple languages in the "Documents and Forms" section of this FAQ. Please see the Autopsies and Testing section under this tab for details from the Travis County Medical Examiner's Office on handling bodies. For deaths that have a compelling history that suggests a reasonable probability of infection (and death due to that infection), we are collecting the appropriate samples and sending them to an outside laboratory for testing. See the section on Guidance for Remote Hearings for more information. Click here to watch a fun and informative webinar on using Zoom to hold remote hearings, including a demo of a remote writ of retrieval hearing. Broad order extending the previous authorization of delay/modification of procedures when necessary due to COVID-19 through April 1; prohibiting in-person (but not virtual) jury trials in justice court until April 1; and requiring courts to follow OCA guidance related to in-person proceedings. The PIA does not apply to the judiciary, however, these requests should be treated as requests for records under the common law as described above. 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. The premises are a "covered dwelling" under Section 4024 of the CARES Act; The plaintiff provided a 30 day notice to vacate as provided by Section 4024(c) of the CARES Act; The premises are a property securing an FHA-insured Single Family Mortgage; The defendant has provided a Declaration under the CDC moratorium. This interpretation is not universally accepted, with many advocates taking this position, while HUD says that a "market rate property" that accepts vouchers is only covered for the tenants using the vouchers. For more tips, see the CDC’s “Coping During Covid-19” page at https://www.cdc.gov/coronavirus/2019-ncov/about/coping.html. If an autopsy is required on a COVID-positive decedent for a forensic reason other than potential death due to the infection (for example, a suspected homicide or suicide case), we have a specialized protocol for performing autopsies in those situations in order to lessen the potential risk to our staff. Click here to go to OCA's Zoom information page to get more information on setting your court up to use Zoom for remote hearings. If they do not appear in response to the summons, the court could then utilize other tools listed in Chapter 3 of the Criminal Deskbook (with the exception of FTA or VPTA) to secure the defendant’s appearance. Courts can include on the petition a place for a landlord to certify that they have not received a Declaration that the tenant is a covered person (or that the grounds are for something other than nonpayment) and could also note that landlords proceeding with a nonpayment eviction of a “covered person” despite receiving a Declaration can face severe penalties under federal law: Individual: up to $100,000 fine, or 1 year in jail, or both if the violation does not result in a death; or up to $250,000 fine, or 1 year in jail, or both, if the violation does result in a death. Click Here to Visit Our Youtube Channel for More Information. Medical examiners have suggested JPs should contact their county emergency operating center or emergency coordinator (in many places this is the county judge). You can accept those citations, and they are sufficient to institute a case. Click here to read the latest CDC moratorium order. Also, Texas RioGrande Legal Aid has composed a map that, while not exhaustive, has tremendous information on covered properties and may be accessed here. If a case is filed in violation of the Act, a judgment should be entered for the defendant. Exposure to anyone who has recently traveled? If you are investigating a potential COVID-19 related death and the hospital or physician ordered COVID-19 testing before the patient died, it will be important to wait until the results of that test come back prior to referring the case to TCME for autopsy. Which official’s order would prevail in any particular circumstance may raise separation of powers issues and would be determined after reviewing the specific orders at issue and the corresponding authority of the public officials to issue those orders. Order Making Eviction Records Confidentia, Order Reinstating an Eviction Case (TEDP), https://www.txcourts.gov/programs-services/eviction-diversion-program/, OCA’s Guidance to Courts Regarding All Court Proceedings. TEXAS JUSTICE COURT TRAINING CENTER ... •Eviction cases may only get new judge, may NOT be transferred. 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. For example, Travis County ME will accept suspected COVID-19 deaths, and will send a sample for testing. You can access that page here. Click here for the Johns Hopkins University coronavirus site and map. Rent will continue to accrue during the period of moratorium, even for “covered” tenants. Texas Justice Court Training Center unless copying is expressly permitted by federal copyright law. Issuance of Eviction Citations Courts may (but are not required to) issue citations now. For deaths due to COVID-19, report COVID-19 in Cause of Death – Part I on the Medical 2 tab. These questions need to be answered. No notices to vacate for nonpayment may be issued in any of these properties until after the 120-day period expires, AND such notice to vacate must be for at least 30 days (so it couldn't be delivered before July 25 or expire sooner than Aug. 24). Those memos can be found here and here. The Supreme Court has issued its 31st Emergency Order that outlines some of the provisions and procedures (read the 31st Emergency Order). 3 Acknowledgments This guide was made possible by the contributions of the Justices of the Peace and Constables Association Constable Education Committee. However, if the petition doesn't establish that a proper notice was given, or the defendant answers or appears at trial, then the plaintiff must prove they gave a proper notice to vacate. 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. If it comes back positive, they will not perform the autopsy, as provided by Art. 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). The court then issues a written order that reinstates the case and states the procedure for the case to proceed. 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