Video Magistration

1. Video Magistration DUTIES OF THE MAGISTRATE

2. Authority to Conduct Video Arraignments The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of an electronic broadcast system. The magistrate shall inform in clear language the person arrested, either in person or through the electronic broadcast system,

3. The magistrate shall without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel. This request can be faxed to the appropriate Court for appointment.

4. A recording of the communication between the arrested person and the magistrate shall be made. The recording shall be preserved until the earlier of the following dates: (1) the date on which the pretrial hearing ends; or (2) the 91st day after the date on which the recording is made if the person is charged with a misdemeanor or the 120th day after the date on which the recording is made if the person is charged with a felony. The counsel for the defendant may obtain a copy of the recording on payment of a reasonable amount to cover costs of reproduction. For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the arrested person and the magistrate and includes secure Internet videoconferencing

5. Equipment needed for Video Magistration A Computer with a Web Cam & internet access at the Judges location (where ever they are) office, home, etc. A Computer with a Web Cam & internet access at the Jail or Detention Facility where the Defendant is located. Web Cam with Video & with Audio Preferable on each

8. You would�ve called ahead to the Jail and had the criminal complaints and probable cause affidavits faxed to your location. You can then read them and attach docket numbers to them & act accordingly. By doing so, you�ve already gotten the copies that you need for your records.

9. What is an IP Address Basically it is Internet Protocol It is a 4 number set of up to 3 digits in each such as 111.222.333.444 Just as you have a phone number or Street address It is the address to your computer on the internet

10. You will need to know either of the addresses, on your computer to receive the call or the location to where you are calling. Through net meeting, it is exactly like making a phone call, except the IP address will look like the example below 176.112.42.119 After putting in the address, click on the phone icon and it will call that IP address that you entered.

11. Either you are calling them or vice versa. Either you will accept the call or the Jail will. Once the connection is made, ask the jailer if they are able to see and hear you. If the answer is in the affirmative. Activate your Video/Audio recording software. This will record your remote arraignment. The defendant is brought before the jail computer and you verify they can see and hear you.

12. Introduce yourself with your Title and begin the arraignment just as you would normally. The jailer will put the arraignment sheet in front of the defendant they normally follow the text. Ask the defendant if they understood their rights. React accordingly Ask the defendant to sign the arraignment sheet The Jailer should indicate that it is a Video Arraignment on the form.

13. Go through the appointment for Council. Advise the defendant of his bond amount. Ask the defendant to sign both the Arraignment and Request/Refusal for Council. Ask the Officer/Jailer to also witness the forms. Conduct you normal closing with the defendant. Stop the Video/Audio recording and save the file to whatever you like, such as the docket number.

15. Judge Kent Walker Justice of the Peace Pct.#4 615 West Herring Sour Lake, Texas 77659 409-287-3211 kent@jtitexas.com Judge Paul Pace City of Sour Lake 655 West Barkley Sour Lake, Texas 77659 409-287-3573 ppace@hjisd.net