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

    PRINTABLE Version (PDF)

    Past Issues of In Chambers

     

    McCaig:  New Judge

    The College for New Judges provides some great forms for your civil and family law settings. The docket control order that we use came in large part from there (originally from Harris County). It seems to work, but in order to be effective you will need to have a calendar in place that reaches out at least a year, preferably two. Rather than repeat what you will get at the College, I simply urge you to shop, copy, and adapt.

    An additional concern is that there is little uniformity in software for case management. You will probably be required to deal with the software used by your district clerk or the county overall. In my case, each of my two counties uses different software. You will once again learn to adapt.

    Research and Library
    Just as you relied on your research library in your law practice, you will need access to a good library as a judge. My counties do not have a central library, and I have an aversion to hard-book research in any event. I like online research. The OCA has a general contract with LexisNexis that allows Texas state judges to subscribe to a very complete library, including statutes, rules, cases, digests, law reviews, and other materials for about $40 a month. Your counties will have to pay for it, but it is well worth it. Contact the LexisNexis representative in your area for information on subscribing, or contact the OCA or me for the website and contract particulars.

    The Texas Center for the Judiciary provides an online version of the Bench Book that is of tremendous value. Access it and adapt it to your own needs. For example, from the materials in the Bench Book I have built separate 3-ring notebooks for voir dire and empaneling civil juries and a separate notebook for criminal juries. I recommend that to you. We’ve all tried cases as attorneys, but your role as a judge is much different. The scripts provided in the Bench Book are invaluable.

    Grand Juries
    District court judges empanel grand juries. For example, I am responsible for setting the January term in both of my counties. You can use either the jury wheel system or the commissioner system for selecting your grand jury. I prefer the commissioner system. I begin the process two months out by selecting my grand jury commissioners. One month out, the commissioners meet and nominate names for the grand jury venire. My district clerks send out jury notices and then, on the first meeting date, I actually select and empanel the grand jury. Coordinate that empaneling day with your district attorney and the district clerk.

    Talk to the district clerk about what has been done in the past. If your district attorney has some experience in office, get some insight on what has worked in the past. The Bench Book has most of the information you will need, including oaths of office. There is no set way to do this, so simply read the statutes and devise a system that works. I will be glad to send you copies of the letters I use in the process.

    Your Role with the County Auditor
    District judges appoint the county auditor and set the salaries for the auditor and the auditor’s staff. Refer to Chapter 84 of the Local Government Code. You are not the direct supervisor of the auditor, and I doubt you would want to be. The office of the auditor is established to be independent of local politics. Under the Local Government Code you will see what duties you have relative to the auditor, salaries, and oversight. Read that fairly soon.

    Talk to your auditor. Learn how the budget process works in your counties and what is available to you. If you have a truly new court, you’ll find that you need the auditor to transfer funds, set the initial budget, and provide funding to get you into business. If you are the only district judge in the county or are the local administrative judge, you will need to learn about posting the auditor’s position, salary schedules, and hearings. The auditor’s office should help you with this, but in the event you want the forms that I use, please contact me.

    To top of next column >>

    The Commissioners Court
    Government Code Section 24.020 reads as follows: “The district court has appellate jurisdiction and general supervisory control over the commissioners court, with the exceptions and regulations prescribed by law.” You will need to balance the requirement of going to the commissioners court for your personnel, budget, office space, and other sustaining resources, while at the same time understanding your supervisory control over that body.

    Supervisory control does not mean you run the commissioners court. Most new judges are savvy enough to know the difference, but you do need to be aware of the dynamics involved.

    Networking
    What we do as judges can have periods of isolation as we sit in judgment of very significant matters. When all is said and done, we are often the final agents of reality and the law. At the same time, a large network of judges exists, most of whom are very willing to give you time, counsel, and information about their experiences.

    Attend the College for New Judges. Go to your regional conferences. Attend courses sponsored by the Texas Center for the Judiciary. You will find that sharing your problems and experiences with other judges helps you maintain a positive outlook in the face of often overwhelming difficulty. I have begun cultivating good contacts throughout this great state that have helped me in dealing with myriad issues.

    The good folks at the Texas Center for the Judiciary have always gone out of their way to help me, to provide information or direct me to resources and, in general, to professionally and personally help me find my way in this new endeavor (www.yourhonor.com).

    Eva Walla, at the Office of Court Administration, has a reservoir of information and ideas for new courts and new judges. You can find her through the OCA’s the website.

    Your court coordinator should join the Texas Association of Court Administrators (www.mytaca.org). Schedule your coordinator for their annual conference and other seminars as soon as you can. There is also a great network of coordinators who will share information.

    The Texas Association of District Judges is a great resource.

    The Judicial Section at the Texas Comptrollers Office has been very helpful. Generally, they will contact you before you have a chance to contact them. They will help you with travel and expense vouchers, payroll, insurance and benefits, judicial license plates, and much more.

    In Conclusion
    Congratulations on your new position. Contact me if you need help; and I look forward to meeting you at a conference in the near future.

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