On Sept. 8, 2020, Travis County District Clerk’s Office announces its civil divisions are reopening by appointment.  CLICK HERE to learn more.

March 19, 2020:
The Texas Supreme Court, Texas Court of Criminal Appeals and the Travis County Courts have issued Emergency Orders. Therefore, the Travis County District Clerk’s office is taking safety precautions to protect our customers and employees amidst COVID-19 concerns by closing our offices to the public as outlined by the Travis County Commissioners and other government agencies.  In addition, we have reduced our staff but will still process emergency motions/orders as defined in the Travis County District Civil/Criminal Courts Emergency Orders, see link to Orders below:

District Civil Court Emergency Order[s] – https://www.traviscountytx.gov/courts/civil

District Criminal Court Emergency Order[s] – https://www.traviscountytx.gov/courts/criminal

Effective Thursday, March 19, 2020, we are suspending passport processing until further notice.  For additional information about passports, the United States Department of State website may be helpful: https://travel.state.gov/content/travel/en/passports.

Documents received through efile and the mail will continue to be handled but not at the same speed as before the COVID-19 virus emergency was declared.   Our team is still answering questions through our main number: 512/854-9457 or our e-mail address:  districtclerkhelp@traviscountytx.gov.  We ask for patience especially if a specific person needs to respond to your questions or requests because a response cannot occur immediately but will take place as soon as possible.

 

Thanks for your cooperation as we all work on keeping our community and staff safe but still ensure that justice continues.

Velva L. Price, Travis County District Clerk
PO Box 679003
Austin, Texas 78767
512/854/9457
512/854-4744 [fax]

On March 17, 2020, the Supreme Court of Texas issued a 2nd emergency order clarifying possession schedules, and Travis County issued Emergency Standing Order Regarding Possession and Access of Children Pursuant to Existing Court Orders.

 Supreme Court of Texas

Travis County

CLICK HERE to see the supplemental order regarding court operations under the exigent circumstances created by the COVID-19 pandemic issued by the U.S. District Court for the Western District of Texas filed April 15, 2020.

Order regarding court operations under the exigent circumstances created by the COVID-19 pandemic filed March 13, 2020.

This Emergency Orders regarding juvenile court proceedings was filed on March 16, 2020

Letter from Travis County Attorney David Escamilla received on March 17, 2020.

Administrative Order Regarding Changes in Court Proceedings in Response to COVID-19 Emergency:

Added May 12, 2020

CLICK HERE to view the second amended emergency order for all Travis County criminal courts regarding COVID-19 effective 5/12/2020

Added April 28, 2020

CLICK HERE to view the first amended emergency order for all Travis County criminal courts regarding COVID-19 effective 4/28/2020.

From an email from Presiding Judge Brenda Kennedy sent on Sat. March 14, 2020.

See the agreed upon Emergency Order affecting the operations of the Travis County Criminal Courts during the time frame of Monday, March 16 through Friday, May 8 2020.

The following was communicated on Fri. March 13, 2020 by Presiding Judge Brenda Kennedy:

The Office of Court Administration has recommended that all courts should suspend large gatherings or groups of people which include jury trials and large docket calls until April 1. Therefore, for our upcoming weeks through April 1, it is recommended that all juries requested and scheduled to be summoned up until that date (4/1), be cancelled and not summoned until after April 1. This date could change or be extended, as we have not yet received any directives from the Supreme Court or Court of Criminal Appeals. Should the Court of Criminal Appeals or Supreme Court of Texas, or Travis County send further direction extending beyond that date, or, the Travis County Commissioners determine that building occupancy safety and limits have been lowered, so that even smaller gatherings should not be held in Travis County buildings, you will be informed as soon as I become aware. Please get your attorneys to contact their respective court impacted regarding the jury settings that are now occurring or being scheduled to occur between now and April 1 until further notice. If any other types of settings are involved, please contact that particular court for any requested resets.  If you have a setting that is of an “emergency” nature, please contact that court for which the setting is to be held for further directions.  See the below info:

Brenda Kennedy
Presiding Judge, Travis County Criminal Courts

coronavirus legal news

Updated Coronavirus Guidance Released for Texas Courts, Clerks
The Office of Court Administration has released updated guidance for Texas courts, clerks and staff on novel coronavirus (COVID-19). — Texas Bar Blog

Texas Chief Justice Hecht on Coronavirus: “We Still Have to Do Justice”
“Texas judges need to weigh the health and well-being of individuals with the requirement that the courts remain open and accessible to those who seek justice,” Chief Justice Hecht said. (Subscription required) – Texas Lawyer

Dallas Civil Juries Canceled for the Next Month Amid Coronavirus Concerns
The decision only applies to citizens called for jury duty at the George Allen Civil Courthouse and J.P. Courts. It does not apply to criminal trials at the Frank Crowley Criminal Courthouse. – Dallas Morning News

Jefferson County Postpones Jury Trials Amid  Coronavirus Concerns
Jeffferson County will postpone civil jury trials effective Monday, Jefferson County 58th District Court Judge Kent Walston said Thursday. – Beaumont Enterprise

court procedures for the 2019 novel coronavirus (covid-19)

Updated Guidance #1 (Issued 3/12/2020)

• If a court deems that non-essential (see below), in-person proceedings may pose an unnecessary or unreasonable risk to participants, court staff, or the public, the court should avoid that risk, when possible, by simple delay or by a telephone or video remote appearance. Our suggestion is that you follow this practice until at least April 1.
• Essential proceedings include, but are not limited to, criminal magistration proceedings, CPS removal hearings, temporary restraining orders / temporary injunctions, juvenile detention hearings, family violence protective orders, and certain mental health proceedings.
• Courts should schedule or suspend proceedings to avoid the gathering of large groups of people until at least April 1, including jury trials and large docket calls.
• Courts should publicly encourage persons with COVID-19 or flu-like symptoms, a fever, or who are coughing or sneezing, to contact the court before appearing. Courts should also publicly encourage attorneys who know that clients, witnesses, or others have such a condition to alert the court in advance. The court should make reasonable accommodations and reschedule appearances and hearings as needed.
• You may wish to consult with your local health authority for additional guidance on the timing of the suspension of proceedings as conditions in the local community may vary from jurisdiction to jurisdiction.
• Courts should implement telephonic or video remote appearances for all proceedings which may occur remotely.
• Please be aware that the Open Courts provision of the Constitution will generally require that the public have access to proceedings. If you hold telephonic or video remote hearings, you should consider a method by which the public can have access.

Request for Notice
Should your court choose to suspend proceedings for a period of time, please notify OCA by email at courtclosures@txcourts.gov with information about the closure or fill out the webform. OCA will post the information on our court closure website in an effort to provide public notice of the suspension.

Initial Guidance (Issued 03/05/2020)
Previous Preparation Work: The Supreme Court of Texas established the Task Force to Ensure Judicial Readiness in Times of Emergencies (JRITE) in 2008 and charged the Task Force with reviewing and updating its plan in 2016. Included in JRITE’s work is an interim plan and other resources, including resources for preparing and responding to pandemics such as COVID-19. To view these resources, please visit http://txcourts.gov/organizations/policy-funding/task-force-on-judicial-emergency-preparedness/jrite-resource-archives/. The ultimate goal of the preparedness plan is to allow courts to operate in a way that protects the health and safety of everyone at the court facilities and to keep courts open to ensure the justice system continues.

Personal Protection/Prevention:
The most important steps in responding to the virus is prevention. The CDC has issued the following prevention tips:

• Avoid close contact with people who are sick.
• DSHS has recommended to OCA that you maintain at least 6-8 feet between you and a person who is symptomatic to reduce the risk of spread of the virus.
• DSHS has indicated that evidence shows that the virus is not able to survive in the ventilation system.
• If you have a proceeding involving a person who is symptomatic and the proceeding must continue, attempt to isolate that proceeding to reduce the risk of interaction with others.
• Avoid touching your eyes, nose, and mouth.
• Stay home when you are sick.
• Judges, court employees, attorneys, or litigants who are sick should be encouraged to stay home and to seek medical attention.
• Cover your cough or sneeze with a tissue (or into your arm if a tissue is not available); then throw the tissue in the trash.
• Clean and disinfect frequently touched objects and surfaces using a household cleaning spray or wipe. A list of products recommended by DSHS for this purpose is available at https://www.americanchemistry.com/novel-coronavirus-fighting-products-list.pdf.
• While some might think that the use of a face mask is necessary or advisable, CDC does not recommend the use of a mask for people who are well, as they are less effective at preventing infection and are in short supply for health care workers. However, CDC and DSHS has recommended that courts consider providing face masks (the common surgical masks can be used) to individuals who are showing symptoms of COVID-19 to help avoid spread of the virus to others.
• Wash your hand often with soap and water for at least 20 seconds, especially after going to the bathroom; before eating; and after blowing your nose, coughing, or sneezing.
• If soap and water are not available, use an alcohol-based hand sanitizer with at least 60% alcohol.

Preparation:
While there is currently no need for alarm, courts should prepare now to ensure a proper response if an outbreak occurs.

• Courts should consider and identify who is authorized to make decisions in an emergency including evacuation (partial or total) and the closing of court operations.
• Courts should consider which functions are essential and must continue if an outbreak occurs.
• Essential functions are typically divided into those that are necessary in the first 7 days, 7-30 days, 30-90 days, and 90+ days.
• Examples of essential functions that must occur in the first 7 days include: criminal magistration proceedings, CPS removal hearings, temporary restraining orders/temporary injunctions, juvenile detention hearings, family violence protective orders.
• Courts are encouraged to delay non-essential functions in the event of an outbreak and to reduce the need for large numbers of possibly infected people to congregate. This may include the need to consider delay of jury trials.
• Courts should consider which staff are essential and which staff could stay home if court functions are to be continued.
• Courts should consider which proceedings could occur by telephonic or video remote appearances. This may include using “low-tech” solutions such as teleconferencing, Facetime, Skype, or some other common remote appearance tool.
• Courts should plan how to notify self-represented litigants, witnesses, and others of the remote appearance technology.
• Some courts have begun to place wording on orders setting hearing and docket notices reminding attorneys/parties to contact the court if they are ill.
• Courts should consider how to promptly communicate the activation of plans to judges, courts staff, and the public.
• The Office of Court Administration and the State Bar of Texas have a communication plan that allows for prompt notification of the bar and public notices; however, additional local notifications will likely be necessary.
• Some courts have posted notices or entered orders encouraging or requiring attorneys and parties to notify the court if they (or their clients) are experiencing symptoms.

Quarantine:
While the state and local health authorities generally have responsibility for establishing quarantine control methods, a court may need to become involved if a person does not comply with those control orders from the health authority. Chapter 81, Health and Safety Code, sets out the procedures in such cases. A bench book at https://www.law.uh.edu/healthlaw/HLPIBenchBook.pdf provides guidance and forms for district judges who are responsible for hearing these cases.

To ensure quick response and continuity, the Regional Presiding Judges and Chief Justice Nathan Hecht have identified several judges from each region of the state who are being assigned to hear proceedings under Chapter 81, Health and Safety Code. These judges will be on-call for the proceedings should the need arise in an emergency or after-hours situation. Your regional presiding judge can provide you additional information on the assignments in your region.

Judge Brenda P. Kennedy
Presiding Judge
Travis County Criminal Courts

 

 

CLICK HERE to view the Fourth Amended Emergency Order Regarding COVID-19, effective March 1, 2021, suspending in-person hearings and trials; and CLICK HERE to view the accompanying memo from the Travis County Judges on holding remote jury trials in Travis County.

CLICK HERE to view the Third Amended Emergency Order Regarding COVID-19, effective June 29, 2020, which sets out a plan for returning to Travis County Central Docket on June 29.

CLICK HERE to view the Second Amended Emergency Order Regarding COVID-19, effective May 8, 2020, which suspends in-person hearings until June 29, 2020 and all jury trials until at least Aug. 17, 2020.

CLICK HERE to view the First Amended Emergency Order Regarding COVID-19 issued on March 27,2020.

CLICK HERE to view the Emergency Standard Order Regarding Possession and Access of Children Pursuant to Existing Standing Orders issued on March 17, 2020.

CLICK HERE to view the Emergency Standard Order for All Travis County Civil and Family Courts issued on March 13, 2020. Local Administrative Judge Tim Sulak and Presiding Judge Amy Clark Meachum of the Travis County Civil District Courts have signed an order stating all non-emergency in-person hearings at the HMS Civil Courthouse will be postponed until April 13.

 

 

Updated Sept. 28, 2020

CLICK HERE to view the 7th modification of standing order regarding COVID-19 from the Travis County Justices of the Peace.

Updated July 27, 2020

CLICK HERE to view the 6th modification of standing order regarding COVID-19 from the Travis County Justices of the Peace.

Updated April 30, 2020

CLICK HERE to view the 4th modification of standing order regarding COVID-19 from the Travis County Justices of the Peace.

Update March 27, 2020

New revised standing order on Travis County Justices of the Peace, dated March 17, 2020

 

NEWS, UPDATES, AND RESOURCES ARE BEING ADDED TO THIS PAGE ON AN ONGOING BASIS.

The health and safety of our members, our employees, and the public is of paramount importance to the Austin Bar Association and AYLA. We are following the lead of the State Bar of Texas to address concerns regarding COVID-19.

We will continue to closely monitor the situation and will keep you updated via this web page, social media, email, and Bar Code as soon as news develops that impacts our our members and our legal community. Follow us on Facebook, and on Twitter @theaustinbar.org.

• The Austin Bar office is closed.  Staff members are working remotely and checking their voice mails.  The best way to reach them is by e-mail: first name@austinbar.org.
• The Austin Bar, like the State Bar of Texas, is cancelling, postponing, or going online with all live events through at least May 10, in line with the latest guidelines from the CDC. Events scheduled for May 11 or later will be evaluated on a case-by-case basis.
• Austin Bar and AYLA sections and committees are encouraged to conduct necessary meetings remotely. Contact CLE and Marketing Manager Kelli Horan for help and information on using Zoom for your remote programs and meetings.

CLICK ON THE LINKS BELOW tO VIEW UPDATES FROM AREA COURTS AND the LEGAL community regarding covid-19

The Office of Court Administration (OCA)  Travel Authorization letter  for attorneys and staff.
The OCA’s Travel Authorization letter  for judges, clerks, and staff.
The OCA’s Court Operations Guidance
Supreme Court of Texas (edited 4/6/2020)
U.S. District Court for the Western District of Texas
3rd Court of Appeals
Travis County Civil & Family Courts (edited 3/27/2020)
Travis County Criminal Courts
REVISED_Travis County Justices of the Peace
Travis County Juvenile Court
Travis County Probate Court
Travis County Attorney’s Office
Travis  County District Clerk’s Office

LEGAL SERVICE PROVIDERS
Texas Rio Grande Legal Aid: Starting March 17, 2020, all TRLA offices are closed to the public. Their phone lines remain open. If you are referring someone for legal assistance, please have them call the hotline at (888) 988-9996. Intakes will be conducted over the phone and not in-person. If you, or a client, are trying to reach a particular staff person, please CLICK HERE to see their staff directory. All public outreach activities, including substantive law clinics and intake clinics, scheduled through April 17, 2020 are suspended immediately. Please CLICK HERE to view the TRLA  website for more updates.

Volunteer Legal Services of Central Texas:  CLICK HERE for an update from VLS, and CLICK HERE to learn how attorneys can volunteer to assist with the VLS virtual phone clinics.

Other legal resources available for the public:  CLICK HERE

COVID-19 Resources for LAW PRACTICEs and lawyer well-being

CLICK HERE to view resources on the State Bar’s website. Resources include court guidance and closures, law-practice management tips, lawyer well-being resources, legal resources for the public and much more.

CLICK HERE for a list of resources from the American Bar Association (ABA) for lawyers and law firms on the topics of pandemic resources, technology resources, disaster planning and recovery for law firms, law practice resources, and COVID-19 mental health resources.

CLICK HERE for a list of resources from the ABA on the topics of anxiety, law practice management/leadership, panic, social distancing, staying mentally healthy, stress, substance abuse resources, and suicide.

LAW PRACTICE RESOURCES
CLICK HERE to download Coronavirus Emergency Loans – Small Business Guide and Checklist, prepared by U.S. Chamber of Commerce.

CLICK HERE to download an application for the SBA’s Paycheck Protection Program.

CLICK HERE for Texas’ response to novel coronavirus and COVID-19; counties’ and cities’ stay-at-home and business cessation orders and their effect on construction. (compiled by Gerstle Snelson, LLP)

CLICK HERE to listen to the Texas Appellate Law Podcast, created by Austin Bar President D. Todd Smith and Jody Sanders. Episode #4 is an interview with Texas Supreme Court Clerk Blake Hawthorne about the Court’s response to the coronavirus pandemic, including the emergency orders.

CLICK HERE to view a blog post by D. Todd Smith  and on “Law Firms Working Remotely During the Coronavirus Shutdown.”

CLICK HERE for a set of resources compiled by the University of Houston Law Center.

CLICK HERE for a set of resources compiled by the Association of Legal Administrators.

LAWYER WELL-BEING RESOURCES
CLICK HERE for TLAP’s extensive list of well-being resources for remote living.

CLICK HERE for TLAP’s website.

CLICK HERE for COVID-19 Resource and Information Guide, published by NAMI (National Alliance on Mental Illness)

CLICK HERE for info on Yale’s most popular class available free online, “The Science of Well Being.”

Mental Health Support Hotline by the Texas Health and Human Services Department: 1.833.986.1919

TLAP’s REMOTE WELL-BEING WEDNESDAYS: A coronavirus crisis series
Wednesdays at noon:  https://zoom.us/j/559673278

• 4/8/2020  “Recovery during Crisis”: Best selling author and renowned recovery advocate Brian Cuban will share his story and about recovery during this crisis.
• 4/15/2020 “Staying Healthy, Serene, and Sober During Covid-19”:  Laurie Besdon, Nationally renowned Speaker and Executive Director of Lawyers Concerned for Lawyers of Pennsylvania, Inc., with Chris Ritter.

RESOURCES FOR PARENTS
CLICK HERE to see a selection of online games provided by the Texas Law-Related Education department.
CLICK HERE for the Texas Law-Related Education department website.
CLICK HERE for Austin PBS learning at home resources.
CLICK HERE for resources from the ABA on at-home learning and education for foster children and youth.

COVID-19 CLE WEBINARS

AUSTIN BAR CLE AND WEBINARS

Austin Bar Online CLE Library

CLICK HERE for a library of over 60 hours of online CLE, available for free for Austin Bar members.
Are you an Austin Bar member and need the password? Email Nancy Gray.

Austin Bar Webinars and Online CLE

The Austin Bar is providing free webinars for members on topics related to COVID-19 on an ongoing basis.  CLICK HERE to view our website calendar for more information on upcoming webinars, CLEs, and online social events.

Austin Bar’s Well-Being Committee Presents: Mindfulness-Based Stress Reduction Zoom Webinar
Date: Fri. April 17
Time: 12 – 1 p.m.
CLICK HERE for more information and to RSVP

Texas Bar CLE

Free CLE and MCLE Deadline Extensions
The State Bar offers 5.5 hours of free CLE on the TexasBarCLE website, including two recent webcasts related to the coronavirus: “Practicing Law in the Shadow of COVID-19” and “Benefits and Challenges of Invoking Force Majeure Clauses in the Age of the Coronavirus.” For attorneys in financial need who require additional CLE, TexasBarCLE scholarships are available for online classes. In Texas it is permissible for lawyers to complete all 15 hours of required continuing legal education through online learning. There is no in-person CLE requirement.

The State Bar has granted automatic  60-day extensions to attorneys reaching their MCLE compliance deadlines in March, April, or May. Attorneys who missed compliance deadlines in January or February received an automatic 60-day extension to prevent the assessment of further fees. Attorneys subject to suspension for failing to comply with MCLE requirements in November or December received an additional one-month extension. Please contact the MCLE Department at 800.204.2222, ext. 1806, or mcle@texasbar.com if you have questions about the extensions or MCLE compliance requirements.

AMERICAN BAR ASSOCIATION CLE AND RESOURCES

The ABA has 30 CLE webinars on COVID-19. Visit their Trending CLE page for upcoming live webinars as well as the recorded on-demand ones for download. Free to ABA members. Available to non-members for a fee.

More from the ABA:

A page devoted to the access to justice community has been created by the Standing Committee on Legal Aid and Indigent Defendants Explore the Business Law Section COVID-19 Resources page. Review the ABA Committee on Disaster Response and Preparedness Disaster Resources page for information across a breadth of disasters, including the current pandemic. The Litigation Section has a wealth of resources on its new Coronavirus (COVID-19) Articles and Resources page. A COVID-19 Tax News and Information page has been provided by the Tax Section