Understanding the Policy-Making Bodies of the Texas Judicial Branch David Slayton, Administrative Director County and District Clerks’ Winter Conference February 10, 2017

Texas Civics 101 Executive Legislative Judicial The powers of the Government of the State of Texas shall be divided into three distinct departments…and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others. - Art. 2, Sec. 1, Texas Constitution

Court of Criminal Appeals The Judicial Branch Court of Criminal Appeals Responsible for efficient administration of branch & uniform administration of justice Supreme Court Courts of Appeals County Courts Statutory and Constitutional District Courts Justices of the Peace Commissioners Courts Municipal Courts

Other Judicial Branch Constitutional Actors (Article V) State Commission on Judicial Conduct (Sec. 1-a) Clerk of the Supreme Court, Court of Criminal Appeals, and Courts of Appeals (Sec. 5a) Judicial Districts Board (Sec. 7a) District Clerk (Sec. 9) County Clerk (Sec. 20) County Attorney, District Attorney (Sec. 21) Criminal District Attorney (Sec. 30) Sheriff (Sec. 23)

Texas Judicial Council – Govt Code Ch. 71 Agency of the state created in 1929 by legislature Chair - Chief Justice, SCOTX; Vice Chair – Presiding Judge, CCA 2 judges from every level of court appointed by Chief Justice 2 senators appointed by Lt. Governor 2 representatives appointed by the Speaker of the House 6 citizen members appointed by the Governor (3 must be attorneys, 2 must be non-lawyers) Administrative Director of OCA is the Executive Director Policy-making body for the branch “Study organization, rules, procedures and practice, work accomplished, results, and uniformity of discretionary powers of the state courts and methods for their improvement” “Design methods for simplifying judicial procedure, expediting transaction of judicial business, and correcting faults in or improving administration of justice” Monthly Activity Report - Statistics

Texas Indigent Defense Commission – Govt Code Ch. 79 Permanent Standing Committee of the Judicial Council Separate Board – 8 ex-officio members and 5 appointed members 6 members of the Council (Chief Justice, Presiding Judge, Senator, Representative, Court of Appeals Justice, County Court Judge) Chair of House Criminal Jurisprudence Committee and Senator designated by Lt. Gov 5 members appointed by Governor (regional presiding judge, county judge/commissioner, criminal defense attorney, public defender, judge/commissioner of large county) Executive Director appointed by the Board Administratively attached to OCA; OCA provides staff support Responsible for providing grant funding and policies/standards for indigent defense

Administrative Judicial Regions – Ch. 74 9 judges appointed by the Governor Promulgate and implement rules of regional administration Advise local judges on judicial management Recommend changes to SCOTX for improvement of judicial administration Act for LAJs in their absence Assign visiting judges Approve death penalty attorney lists Oversee Children’s Courts Appellate panel for Rule 12 (Judicial Open Records) decisions

Judicial Branch Certification Commission – Ch. 151-157 Nine members appointed by the SCOTX – 5 judges, 4 public members Advisory Committees for each regulated profession Administrative Director of OCA is Director of JBCC Administratively attached to OCA; OCA provides staff support Responsible for licensing and disciplining: Court Reporters Licensed Court Interpreters Private Process Servers Private Professional Guardians

Judicial Compensation Commission – Ch. 35 Nine members appointed by the Governor No more than 3 can be attorneys OCA provides administrative support and resources Recommends the proper salaries to be paid by the state for all justices and judges of the supreme court, the court of criminal appeals, the courts of appeals, and the district courts Salaries of district judges linked to: District attorneys County attorney supplements Statutory County Court Judges Constitutional County Court Judge supplements State prosecuting attorney Legislative retirement

Judicial Committee on Information Technology – Ch. 77 15 voting members appointed by Chief Justice of SCOTX Additional nonvoting members appointed by CJ Under the direction and supervision of the CJ Exercises power of statute or duties/functions imposed by legislature or SCOTX OCA provides staff and resource support Duties: Develop technology standards; Develop coordinated statewide computer network linking all courts in this state; Develop minimum standards for an electronically based document system to provide for the flow of information within the judicial system in electronic form and recommend rules relating to the electronic filing of documents with courts; Develop security guidelines for controlling access to and protecting the integrity and confidentiality of information available in electronic form; Develop a state judicial system web page for use on the Internet accessible to the public for a reasonable access fee set by the supreme court after consultation with the committee.

Supreme Court Advisory Committee Created by the SCOTX in 1940 46 members appointed by SCOTX 5 additional members appointed by CCA, Lt. Gov, Speaker, AG, Chair of SBOT Court Rules Committee Assists SCOTX in the continuing study, review, and development of rules of administration and procedure Drafts rules as directed by the Court; solicits, summarizes, and reports to the Court the views of the bar and the public on court rules and procedures; and makes recommendations for change Recommendations are advisory only

Other Task Forces/Commissions Children’s Commission Criminal Justice Integrity Unit Task Force on Judicial Emergency Preparedness Texas Commission to Expand Civil Legal Services Timothy Cole Exoneration Review Commission

All of these are open meetings Many offer webcast or teleconference services All have websites with information Annual Report of Judicial Support Agencies, Boards and Commissions released in December every year - http://txcourts.gov/medi a/1436413/2016-ar-of- the-judicial-support- agencies-boards-and- commissions.pdf

Questions?