Specialty Courts. Specialty Courts: Objectives. Specialty Courts: Jurisdiction. John Bull Presiding Judge San Antonio Municipal Court

Size: px

Start display at page:

Download "Specialty Courts. Specialty Courts: Objectives. Specialty Courts: Jurisdiction. John Bull Presiding Judge San Antonio Municipal Court"

Clifford Dickerson
5 years ago
Views:

Specialty s John Bull Presiding Judge San Antonio Municipal April 4, 2014 Specialty s: Objectives By the end of the session, participants will be able to: 1.

1 Specialty s John Bull Presiding Judge San Antonio Municipal April 4, 2014 Specialty s: Objectives By the end of the session, participants will be able to: 1. Describe original and concurrent jurisdiction of specialty courts; 2. Discuss advantages and disadvantages courts have in creating and managing specialty courts; 3. Describe the types of specialty courts utilized by courts and how they serve the needs of the court, city council and citizens of the municipality. 2 Specialty s: Jurisdiction Texas Government Code Municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction in all criminal cases that arise under the ordinances of the municipality and are punishable by fine-only ; Municipal court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the municipality's territorial limits or property owned by the municipality located in the municipality's extraterritorial jurisdiction and that are punishable by fine only. 3

2 Specialty s: Jurisdiction Texas Code of Crim. Proc. Art JUDGMENT The judgment and sentence, in case of conviction in a criminal action before a justice of the peace or municipal court judge, shall be that the defendant pay the amount of the fine and costs to the state; AND if applicable, to make restitution (not to exceed $5,000) to any victim of the offense; and to satisfy any other sanction authorized by law. 4 Specialty s: Jurisdiction Texas Code of Crim. Proc. Art SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL DISPOSITION During the deferral period, the judge may require the defendant to: pay restitution to the victim of the offense in an amount not to exceed the fine assessed; submit to professional counseling; submit to diagnostic testing for alcohol or a controlled substance or drug; submit to a psychosocial assessment; participate in an alcohol or drug abuse treatment or education program; pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs; comply with any other reasonable condition. 5 Specialty s: Pros & Cons ADVANTAGES: Able to focus specialized court resources with cases that have more complex issues; Cases can be more readily and efficiently expedited by use of concentrated resources; Allows for reduced recidivism as result of tailored programs to address specific issues. DISADVANTAGES: Monetary costs to implement specialized resources; Concentration of court resources may result in underutilization of staff or courtroom for other court purposes; Training and time to acquire and maintain adequate specialization for assigned judicial, prosecutorial and support staff. 6

3 Types of Specialty s: Quality of Life (Community ) Program: Docket consists of state law and ordinance violations which embodies social and economic issues of substance abuse and homelessness; Typical violations include: public intoxication, consuming alcoholic beverages downtown, camping in public places, disorderly conduct, minor in possession of alcohol, minor consuming alcohol and minor in possession of tobacco ; CCP Art Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person Allows court to defer proceedings for 90 days upon a plea of guilty or nolo contendere OR on a finding of guilt on the case, IF: The finds that the offense resulted from or was related to the defendant s chemical dependency; and An application for court-ordered treatment of the defendant is filed in accordance with Chapter 462, Health and Safety Code. At the end of deferral period, the court shall dismiss the charge if satisfactory evidence is presented that defendant was committed for and completed court-ordered treatment. Coordination with Homeless Shelter; Coordination with County for Enhancements 7 Types of Specialty s: Domestic Violence Mission: Prosecution of all Class C Misdemeanor assaults-penal Code (a) (2) by threat and-penal Code (a) (3) by physical contact Provide victim safety and resources; Hold offenders accountable and prevent the violence from escalating into more serious offenses; Program: Created in 1997 as the first program in the State to pioneer and focus on family violence cases filed at the municipal court level. Last FY over 1,100 cases were filed; Program is based on a therapeutic model, addressing the family and victim as a whole by offering services through coordinated referrals both local and outof-state. Program utilizes an in-house SAPD Victim s Advocate, who is able to assess the precariousness of the situation, and immediately create a safety plan with a victim. Program takes the holistic approach and provides services to victims through safety planning, coordinating community services with other agencies, like counseling, divorce, and protective orders. Program may assist with the essential basics, like child care, housing, food, utilities, and clothing. 8 Types of Specialty s: Domestic Violence Prosecution and Defendant s Rights: Utilize a no drop policy and attorney may plea bargain case but defendant must be present to consent to terns; Standard Plea Bargain Offer: 5 months deferred disposition + fine and court costs which includes terms of no offensive or injurious contact or threat to the complainant + no similar violations (no assault or assault type cases against complainant or anyone else) + Classes + Community Service; Family Violence Intervention classes may range from 5-22 sessions; terms may also include AA, NA or Parenting classes; Defendant s plea requires admonishments documents which includes: WAIVER OF DEFENDANT S RIGHTS STIPULATION TO FAMILY RELATIONSHIP AFFIRMATIVE FINDING OF FAMILY VIOLENCE ADMONISHMENTS FIREARM ADMONISHMENT UPON CONVICTION FOR FAMILY VIOLENCE MISDEMEANOR ADMONISHMENTS REGARDING IMMIGRATION STATUS 9

4 Types of Specialty s: Animal Program: Created in 2010 to focus on the uniqueness of resolving cases which center around animals and family pets. deals with the social and cultural challenges and routinely weigh the interest from animal activists against the need to enforce ordinances designed to protect citizens and animals. Criminal: Filed as a violation of state law and city ordinances. Most violations are regulatory in nature and the goal of the court is seeking compliance. Examples include: Failure to Vaccinate Dog; Failure to Register; Free of Restraint Civil: Municipal has jurisdiction to have civil hearings as a trial court or appellate court. Animal Cruelty Hearing-Chapter 821 Health and Safety Code Defendant may appeal to county court or county court at law with de novo review and right to jury trial; Dog Attack Hearing-Chapter 822 Health and Safety Code Municipal court hearing to determine whether dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person and determine disposition of dog, which could include destruction If serious bodily injury finding there is no right to appeal. Buddy the Dog 10 Types of Specialty s: Animal Dangerous Dog Determination Hearing-Chapter 822 Health and Safety Code Municipal court has appellate review of animal control determination Appeal of municipal court decision in the manner provided for other cases from the same court Failure to Comply with Requirements of Dangerous Dog-Chapter 822 HSC Municipal court hearing to determine if owner failed to comply with requirements; may order destruction if owner fails to comply with requirements Municipal judge shall sign seizure warrant if finds owner failed to comply or deliver dog if not going to comply Appeal in the manner provided for other cases from the same court 11 Types of Specialty s: Juvenile Purpose: Formally created in 2010 by City Council to address unique needs of juveniles in the city. The seeks to address the issues of family problems when working with children on school attendance and criminal violations. utilizes 10 Juvenile Case Managers to individually work with juveniles and their families. Program: Specialized Dockets to address Child Failure to Attend School and Parent Contributing to Non-Attendance Cases North-Side ISD, Harlandale ISD and San Antonio ISD files truancy cases throughout the school year. For Academic year ,161 cases were filed. HB1479 Requires Bexar County to form a committee to recommend a uniform truancy policy for each school district. Joint County-City Committee was created for uniform policy and consolidated filings and hearings for school year

5 Types of Specialty s: Juvenile SB 393 Section 7 Juvenile Case Managers and Diversion from Amends Art CCP to allow juvenile case managers to be involved in diversion measures without the entry of any formal court order and to expressly allow juvenile cases managers to provide prevention services to juveniles considered at-risk and intervention services to juveniles engaged in misconduct prior to cases being filed. Specialized in house programs Community Service CafeCollege Education Intervention Program Health and Safety Program Parent Engagement Parenting Program Positive Directions Positive Intervention 13 Types of Specialty s: Administrative Hearings Civil Parking Offenses: The Texas Transportation Code provides that larger municipalities may declare violations of parking ordinances to be civil offenses. The City of San Antonio in 1987 declared that parking violations under the City Code are civil offenses. Administrative Adjudication Hearings: The Texas Local Government Code provides for the quasi-judicial adjudication of certain ordinances, including ordinances related to building codes, fire safety, the appearance or use of property, animal care and control, and water conservation measures. In 2012, the City of San Antonio adopted its procedure for the quasi-judicial adjudication of civil violations. 14 Specialty s Questions 15

PART THREE: PARENT CONTRIBUTING TO NONATTENDANCE

PART THREE: PARENT CONTRIBUTING TO NONATTENDANCE 1. Warning Notices. Warning notices to parents or persons standing in parental relation to a student are required at the beginning of the school year, and