Appeals—All (JP ‐ County ‐ District) (Veramendi D) 2019 County and District Clerks’ Association of Texas Wednesday, January 30, 2019 Winter Education 1:30 ‐ 3 p.m. Conference January 28-31, 2019 Embassy Suites by Hon. Kari French Hilton Hotel Walker County Clerk Conference Center & Spa, San Marcos Hon. Eric Garza Cameron County Clerk Piece of the Puzzle, Part of Appeal means to call upon a higher court to review a lower court’s decision. Most of the time, county the Whole clerks will receive an appeal from the JP level. We also prepare the Clerks Record for cases that are appealed to a higher court. This session is a general overview of the process for appeals.
Hon. Kari French was elected as Walker County’s first female county clerk in 2010. She was born and raised in Walker County. Prior to serving as county clerk, she was a local business owner as a Marketing Unit Director for Merchant Services with over 26 years experience in management, administration, organization, public relations and leadership. She is a graduate of Huntsville High School and holds a bachelor ʹ s degree from Sam Houston State University in agriculture business management. French believes being active in the community is important. She participates and serves on various boards and committees throughout Walker County. Kari is 43 years old and has been married to her husband John for 21 years. They have two sons, Jacob 20 and Jeffrey 18. Hon. Eric Garza is the district clerk in Cameron County. He entered office in 2015.
2/8/2019 Appeal Overview and Process for County Clerks Prepared for the County and District Clerks Association of Texas Winter Conference 2019 – San Marcos, Texas Walker County Clerk – Kari A French What is an Appeal? The Legal dictionary defines an appeal as: “ A written request to a higher Court to modify or reverse the J udgment of a Trial Court of intermediate level Appellate Court.” 1
2/8/2019 There are 14 Intermediate Courts of Appeal in Texas The Judge, The Parties and Their Attorneys all have roles in the process of an Appeal. The Primary responsibility falls upon the . Clerk Courts Overview Civil / Probate Cases ◈ Disputes between private parties ◈ Jurisdictions 2
2/8/2019 Courts Overview Criminal Misdemeanor Cases ◈ Criminal action ◈ JP / Municipal / CCL / COA Appeals from Lower Courts - Justice of the Peace Jurisdiction ◈ Case Origination Notice of Appeal ◈ Process of Perfecting ◈ Notice must include . . . 3
2/8/2019 Appeals from Lower Courts - Justice of the Peace Types of Cases ◈ Small Claims ◈ Evictions ◈ TDCJ Offenders ◈ License Revocation Pauper’s Affidavits ◈ With or Without Appeals from Lower Courts - Municipal Process ◈ Appeal from Municipal / JP ◈ Type of Appeal Offender Filings ◈ Usually includes an Affidavit of Indigence Clerk Procedure ◈ Process as any other Case 4
2/8/2019 Appeals to Higher Courts ◈ Jurisdiction ◈ Right of Appeal ◈ Notice of Appeal ◈ Effect of Appeal ◈ Accelerated Appeals ◈ Perfecting Appeal Appeals to Higher Courts ◈ Records and Briefs ◈ Extension of Time ◈ Motion for New Trial ◈ Request for Findings of Fact ◈ Appellate Record 5
2/8/2019 Clerk’s Record At any time before the clerk's record is prepared, any party may file with the clerk a written designation specifying matters for inclusion in the clerk's record. Clerk’s Responsibility ◈ Responsible for . . . ◈ Appellate Record must include . . . Civil Criminal ◈ Courts Docket Sheet ◈ Courts Charge, findings ◈ Notice of Appeal ◈ Pretty Much EVERYTHING Unless other wise noted 6
2/8/2019 Important Timelines Civil Case ◈ Importance ◈ ◈ Extension of Time Appeal from Municipal / JP ◈ Type of Appeal Criminal ◈ Usually includes an Affidavit of Indigence 7
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2/8/2019 Statue Reference Attachments • • Civil Practice and Remedies Code Court Structure of Texas • Chapter 51 Typical Misdemeanor Case flow • • Code of Criminal Procedure Appellate timetable for Clerks • Chapter 44 Appellate timetable for Attorneys • • Texas Rules of Appellate Procedure Appendix E Court of Criminal • Texas Government Code Appeal Texas Tames User Guide • 30.00014 Ex. Notice of Appeal Criminal • • Government Code Ex. Notice of Appeal Civil • Chapter 22 Ex. Notice of Appeal Probate • AG Op. JM-318 (1985) Ex. Information Sheet • HB 274 (82nd Legislature) Ex. Bill of Costs • Ex. Clerks Record • Ex. Letter stating Fee. References & Links • County Clerk Reference Guide & County Clerk Manual (2013 Edition) • Texas State Statutes - https://statutes.capitol.texas.gov • Texas Rules of Civil Procedure TRCP 21 Questions? 11
Court Structure of Texas March 1, 2017 Court of Criminal Appeals (1 Court- 9 Justices) • Final appellate jurisdiction in criminal cases Civil Appeals Crimina/Appeals Courts of Appeals (14 Courts- 80 Justices) State lnll!nnediate • Regional jurisdiction Appell all! Courts • Intermediate appeals from trial courts in their respective courts of appeals districts Office of Court - - - Administration District Courts (467 Courts- 467 Judges) Administrative Judicial Regions • Original jurisdiction in civil actions over $200*, divorce, title to land, con tested elections • Original jurisdiction in felony criminal matters State Trial • Juvenile matters Courts of Appeals of Death General and Sentences • 13 district courts are designated criminal district courts; some Special others are directed to give preference to certain specialized Jurisdiction areas • 369 districts containing one county and 98 districts containing more than one county County-Level Courts (515 Courts- 515 Judges) Constitutional County Courts (254) Statutory County Courts (243) Statutory Probate Courts (18) (1 in each county) (in 10 counties) (in 88 counties plus 1 • Original jurisdiction in civil actions multi-county court) • Limited primarily to prob between $200 and $10,000 • All civil, criminal, original and and guardianship matters • Probate and guardianship appellate actions prescribed by (contested matters may be law for constitutional county transferred to District Court) courts • Exclusive original jurisdiction over • In addition, jurisdiction over civil misdemeanors with fines greater matters between $200 and than $500 or jail sentence $200,000 (some courts may have higher maximum jurisdiction • Juvenile matters amount) • Appeals de novo from lower courts or on the record from municipal courts of record Municipal Courts 1 Justice Courts 1 937 Courts- 1,324 Judges 2) (803 Courts- 803 Judges 2) • Criminal misdemeanors punishable by fine • Civil actions of not more than $10,000 only (no confinement) • Small claims • Exclusive original juri sd iction over municipal ordinance criminal cases 3 • Criminal misdemeanors punishable by fine only (no confinement) • Limited civil jurisdiction • Magistrate functions • Magistrate functions 1. Ali just1ce court~ and most municipal courl<, are not courts of record. Appeals from these courts are by trial de novo in the cwnty-level courts, and in some.instances in the district courts. 2. Sorne munidpal courts are courts of record -appeals from the court-. are taken on the record to the county-level courts. As of February 2017, 169 courts indicated that they were a court of record; a list is posted at http-1/w!MN txco!lrb goy/ 0 hQ!Jt-texas-court' aspx. 3. An offense that arises under a munidpal ordinance is punishable by a fine not to exceed· {1) $2.,000 for ordinances that govern fire safety, zoning, and public health or (2) $500 for all others.
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