Volume 36, Number 1
Winter, 2009


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DEPARTMENTS

  • Letter from the Chair
  • New Admins of Justice
  • Judicial Section Annual Conference Wrap-up
  • Honors & Achievements
  • FEATURES

  • The Contempt Series: Procedure in Indirect Contempt Cases
  • The New Judge: An Indispensible Start-up Guide for Your New Courtroom
  • 2008 Judges DWI Survey
  • OCA's New Automated Registry
  • BUSINESS

  • 2008-09 Boards and Committees
  • Contributions in Honor
  • Contributions in Memory
  • In Memoriam
  • Mark Your Calendar! Upcoming Events

  • About In Chambers

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    Past Issues of In Chambers

     

    The New Judge

    You're in! You've made the cut through either a gubernatorial appointment or an election and now you are the judge of a newly created court for the great State of Texas. Once the initial joy wears off, you realize that you have to (a) shut down or sell your law practice; and (b) figure out how to take office and make it work. Establishing a newly created state court requires planning, organization, support and, above all, patience, both before you take the oath of office and certainly afterwards. The first thing you should do is read, understand, and apply the Code of Judicial Conduct. Once you have been identified to the judiciary, it all becomes applicable to you.

    The following information is certainly applicable to any new judge anticipating taking the bench, but mostly reflects my experiences in establishing a new district court in a multi-county district. I have found that urban districts or those counties with multiple, single-county courts have excellent support systems in place for new judges. That is usually not the case in rural, multi-county district, or county courts-at-law that are being newly established. Regardless of the type of bench involved, and no matter whether it is rural or urban, long-range planning and detailed organization will be required.

    The most fascinating bit of knowledge I gained, soon after hearing from Governor Perry's appointments director that I was the new judge of the 506th Judicial District Court, was that there is no single "package" of information for new judges. No nice box of materials and books telling you what to do, how to do it, and where to find information. For example, how do you hire your court reporter and court coordinator? Where do you buy a robe, and who pays for it? What legal research resources do you have? Who provides stationery and business cards, and where do you get them? Where do you get an official state seal for imprinting on your stationery materials? Who provides your website? Who pays for it and how?

    Those are about a tenth of the questions you'll have, or should have, as you set out on this journey of becoming a functioning, effective state judge. The good news is that many helpful people are ready to assist you. All you have to do is ask, and in most cases you'll get it. This article is simply a guide to a few of those people and places and the resources available to you.

    Leaving Your Practice
    Before you can focus on being a state judge, you have to leave the practice of law. If you are a prosecutor, you are fortunately leaving your case load in the good hands of other prosecutors. You won't worry so much about how files will be handled by your successor. On the other hand, if you have a private practice, whether in a firm or as a solo practitioner, you have to provide a smooth transition for your clients, provide substitutions on your litigation files, and either sell or close your practice. Because judges come from such diverse backgrounds, this article does not include the process of closing your practice. However, my one offer of advice is to take your time, if you can. If you are taking office by way of an election, your time line is already established. What we do in the private sector of law is complicated and many of our clients are very dependent upon our professional advice and competence. Leaving those trusting folks is not easy and is not to be done too quickly or lightly. Having said that, set a realistic time goal, organize yourself to meet it, and stick to it. Simply put, for the clients you are leaving behind, bad news does not get better with time.

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    Chambers: Your New Office
    Hopefully, your home county realized early in the process that there was going to be a new set of offices in the courthouse. Planning for adequate chambers can be complicated as many of the court facilities in Texas are already overcrowded, unfunded, or subject to historical commission renovation standards. Very quickly after your appointment or election, contact your facilities manager in your home courthouse. In most rural counties that will be the county judge. Find out what is planned for you and what is available. As a minimum, you should have office space for your court coordinator, your court reporter, and yourself.

    You will soon find, if you don't already know from your private practice, that your court coordinator is the center of the universe in the flow of information. Therefore, in an ideal situation, the coordinator's office should not be the reception area. Budget permitting, either a separate receptionist or at least reception area is ideal. Provide plenty of desk-top space, at least one filing cabinet, and room for a good computer, printer and fax machine. You will quickly find that restricting your court coordinator's ability to function through limited space or furnishings will cost you a great deal in efficiency.

    Your official court reporter has storage needs you may not realize. The reporter will need secure storage for evidence, records, sealed material, and all that very expensive equipment that is usually personally owned by the reporter. If at all possible, provide a separate office area with secure storage for the reporter.

    Remember that you are a public servant. While you represent and sit on one of the highest level trial courts in the state, you have not been anointed, ordained, or crowned. You are still a mere mortal. Your office should be dignified, suitable for meetings, and represent the state of Texas and your county with decorum, yet dignity. Frankly, your personal office should reflect the Judicial Code of Responsibility. Having said that, make it personal to you, your personality, and your character. One strong recommendation is that you get any renovations done before you move in. Once you are in place, getting governmental services, at any level, to take action is more difficult than those of us from the private sector are accustomed to dealing with. Again, be patient, but be persistent.

    Your Staff
    Much to my chagrin, I found that the personal staff members of a state district judge are not state employees, but employees of the county. If you have a multi-county district, I suggest that you work with your counties to enter into an inter-local agreement to have the home county manage all personnel activities, such as pay, benefits, and record keeping. You will find it incongruous to be asking your commissioners courts to fund your office, pay your staff, and provide your supplies while at the same time a district judge will have some degree of oversight responsibility for that same commissioners court. Does that system need fixing? Absolutely! For now, however, that is the way it is.

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