Judicial Council Monthly Court Activity Reports

1. Judicial Council Monthly Court Activity Reports Office of Court Administration July 2010

2. Who Decides What Data Will Be Collected • Texas Judicial Council • Sec. 71.035(b), Government Code • Clerk must submit monthly report as duty of office • Ch. 171, Administrative Code • Report due by 20th of month • Must report online unless have obtained a waiver from OCA

3. General Rules • Prefer 1 report per county per level of court (district, county courts at law, county court) • Must submit report if court responsible for cases even though had no activity for month • If court has no jurisdiction/does not hear certain types of cases, leave section blank

4. General Rules • Court gets credit for activity, not the judge • Court disposing of case gets credit • Transfers between same type of court should never be counted on OCA report

5. Entering a Report: Hints • Keep copies of any reports run from your system • Avoid going to timeout (save your report if you are not going to finish it in a few minutes) • Put full name in Prepared by line

6. Entering a Report: Hints • Notes box at end of each section online • Use to document/explain unusual activity, large docket adjustments • Do not write questions or other things for which you are expecting a response from OCA; send email to ReportingSection@courts.state.tx.us

8. Entering a Report: Hints • Reports must be entered in sequential order • If you do not see Cases Pending First of Month, a report for the previous month has not been entered

10. Entering a Report: Hints--Maintain Balance • Most sections of report have calculations that must be correct or other rules that must be followed • Total Cases Disposed = total cases in Age of Cases Disposed • Total Cases Pending End of Month = Total Cases Pending Beginning of Month

13. Entering a Report: Hints—Be Positive • Negative numbers are allowed in only 1 place on the report: docket adjustment line • Watch out for and correct negative pending cases

14. Docket Adjustments • Not on form but in online reporting system • Cases pending end of month and cases pending beginning of following month should be the same • If not equal, docket adjustment must be entered to account for the difference

15. Docket Adjustments • Do not enter the numbers that you want the pending cases to be

17. Docket Adjustments • To increase number of cases pending in a certain case category, enter the number of cases you need to increase the category by • Do not enter plus sign (+) • To decrease number of cases pending, enter the number of cases you need to decrease the category by • You must enter a minus sign (-)

19. Docket Adjustments • If reporting via XML, make sure to check that report balances

20. New Reporting Forms & Instructions September 1, 2010 Posted at: http://www.courts.state.tx.us/oca/required.asp

21. What Do I Need to Do? • Analyze and plan for changes in processes, information flow, case management systems • Create new case categories, event codes, disposition codes • Determine how and where to collect other new information (Additional Court Activity) • Collaborate with judges and court staff to get information needed

22. What Do I Need to Do? • Implement changes • Offense code mapping, particularly offense codes used locally • Event code, disposition code mapping • New processes to collect new information • New fields in case management system, spreadsheets, other databases to collect and compile new information • Training on new processes/procedures

23. What Do I Need to Do? • Test changes • Make sure everything mapped correctly • Make sure information flowing as needed • Test reports • Make sure reports are functioning correctly and pulling correct data • Look for clean up issues • May have old cases with filing date but no disposition in system that were converted from older case management system or were entered for imaging purposes—will need to make sure have disposition or made inactive

24. TCJDM (Old) System • Clerks will be able to continue entering and correcting their data (for August or earlier months) in the old system until November 15, 2010 • Data in the old system will be used to produce the annual report by December • Modifications can be made by OCA staff until February 2011, then data will be frozen

25. CARD System • OCA’s new database to be called Court Activity Reporting and Directory System • XML tester is ready so that IT/vendors can begin testing XML files: link on OCA Required Reporting website: Validate XML file format

26. CARD System • Number of cases pending will not be pulled from old system • Will begin with whatever is entered by clerk for September 1

27. Classifying Pending Cases

28. Pending Cases • Must report disposition of case in same case category that reported case filed • Arson case filed January 2010 • September 1 classified as pending under Other Felonies • Disposed in December 2010 under Other Felonies

29. Major Changes • 1 report for constitutional county court (County Court/County Judge): Court ID for County Court (52*) • Separate report for statutory county courts(county courts at law, county criminal courts, county criminal courts at law, county criminal courts of appeal, county civil courts at law, statutory probate courts) • Report(s) from County Clerk (Court ID for County Clerk Office) • Report(s) from District Clerk, if relevant (Court ID for County Court at Law)

30. Major Changes: Active/Inactive Pending Cases Active Casesare those cases that the court has control over and are awaiting disposition. Inactive Cases are cases that have not been disposed of but over which the court does not have control and cannot or will not work on.

31. Major Changes: Active/Inactive Reactivated Cases: cases previously placed in inactive pending status, but for which further court proceedings and activities can be resumed so that the court can proceed to disposition (e.g., criminal defendant is arrested, bankruptcy stay is lifted).

32. Age of Cases Disposed Defendant apprehended & returned to court, case reactivated Filing of indictment 120 days 30 days 30 days 90 days Defendant absconds, warrant issued Defendant placed on probation, case disposed

33. Civil Section • Civil Cases Related to Criminal Matters category (writ of habeas corpus, bond forfeiture, expunction, nondisclosure, occupational license, seizure/forfeiture, contempt, extradition, etc.) • Includes similar matters related to juvenile cases • Post-conviction writs of habeas corpus no longer being counted

34. Civil Section • All Other Cases Added: includes “reopened cases” (not reactivated), ancillary proceedings, transfers, severances • Bill of review, declaratory judgment, turnover orders, etc.: • If related to another case, report under All Other Cases Added under the case category of the original case • If filed independent of another case, report as new case under Other Civil

35. Civil Section • Appeals from lower courts: report under relevant case category, not everything under “Other Civil”

36. Family Law Section • Post-judgment actions (currently called Show Cause & Similar Motions) are new case categories rather than a filing type • Modification—Custody • Modification—Other • Enforcement • Title IV-D

37. Family Law Section • Protective orders • Case category added in Family Law section to track applications for protective orders in cases not involving a divorce • Protective Orders Signed included in Additional Court Activity area to track the number of protective orders issued in ALL family law cases; includes orders signed in Protective Orders cases defined above

38. Changes in Case Category After Filing of Civil or Family Case Is error significant (more than a few cases)? Enter docket adjustment in next month’s report to correct number of cases pending in each case category No Yes File amended report(s), making corrections for each month affected

39. Civil/Family: Active/Inactive Examples of events that make civil/family case inactive: • bankruptcy stay; • stay due to the Soldiers’ & Sailors’ Civil Relief Act; • capias issued; • arbitration, mediation, collaborative law proceedings; • abatement.

40. Civil/Family: Active/Inactive Cases with multiple parties • If stay/other action applies to 1 or more parties but not to others in case and case continues on, case considered active Mediation or any other event: • Inactive if all court proceedings on hold

41. Additional Court Activity • Cases in which jury was selected: report when sworn evidence presented • Injunction or show cause order issued: includes temporary restraining orders • Cases in which plaintiff/petitioner represented self: count at time of filing of case

42. Additional Court Activity • Cases set for review (family cases): An initial judgment/final order has been entered but case set for a regularly scheduled review before judicial officer • Placement reviews every 6 months in CPS cases • Reset orders for compliance review in child support cases

43. Civil Case Information Sheet • Supreme Court requirements • Rule requiring all attorneys and pro se litigants to complete sheet • Comments due August 2 to Supreme Court • Effective September 1, 2010 • Applies to civil, family, tax, probate, mental health cases, appeals from justice & municipal courts • Does not apply to juvenile cases

44. Civil Case Information Sheet • Clerk’s responsibility: Completeness and Accuracy • Should make sure that sheet is completed fully and that is signed • No duty to review sheet to determine whether information is accurate

45. Civil Case Information Sheet • Clerk’s responsibility: Non-compliance • In person: ask attorney/pro se litigant to fill out and sign sheet • Not in person: contact attorney/pro se litigant by phone, email, mail or fax to fill out and sign sheet within certain number of days • Notify judge who will hear case about noncompliance • Judge may request completion of sheet or issue sanctions (Gov’t Code 21.001); case may be placed on dismissal docket

46. Civil Case Information Sheet • Additional resources • Publicity • Glossary of terms • Spanish version of sheet and instructions • Future survey on compliance

47. Criminal Section: Felonies • Case categories • Added: • Family violence assault • Other homicides • Removed: • Arson • Added to statutory county court form • Do not complete this section if your court does not hear these cases

48. Criminal Section: Misdemeanors

49. Changes in Case Category After Filing of Criminal Case: Errors Is error significant (more than a few cases)? Enter docket adjustment in next month’s report to correct number of cases pending in each case category No Yes File amended report(s), making corrections for each month affected

50. Changes in Case Category After Filing of Criminal Case: Reduction in Charge Case stays in original case category (reflecting most serious charge) when: • Prosecutor reduces charges • Defendant convicted of lesser/different offense • Note: Disposition still reported under original offense (must keep 1 to 1 relationship between filings and dispositions)