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District Court Rules and Forms

The COVID-19 Operating Plan for the Tom Green County Judiciary After March 10, 2021 was suspended effective December 22, 2021. 

 

Effective March 14, 2022

The Judges recognize the need to continue to ensure that those who enter the buildings housing the Courts of Tom Green County may do so without concern for their own health and safety. For that reason, each Judge may, in their own discretion, continue to utilize any of the practices, procedures, or safety measures that were previously required under the operating plan. 

The following rules will remain in effect until further notice: 

 1. It is recommended that all persons entering the common areas of a court building wear a mask, but you are not required to do so. Each Judge may, at his/her discretion, require individuals who enter their courtroom to wear a mask. If you have questions or concerns, please contact the Court Administrator for the appropriate court for further information.
 
2. When an individual enters a Tom Green County court building, Courthouse Security personnel will ask if they have had or been exposed to COVID within the last 14 days, have been tested for COVID within the last 14 days, and ask if they currently exhibit any symptoms of COVID. Individuals who answer “yes” to any of the aforementioned questions (unless they answer that they tested “negative”) will be refused admittance to the court building.
 
3. Inmates or detainees being transported from a jail or a juvenile facility to any court building will be screened for symptoms of COVID and have their temperature taken prior to transport. Inmates or detainees with symptoms or a temperature equal to or above 100°F will not be transported to any court building.

 

 

 Dated: March 14, 2022 __/S/  Jay K. Weatherby                               
Local Administrative District Judge 
 
 
 
Standing Order For The Referral Of Matters To The Criminal Magistrate
 

Pursuant to Title 2, Subtitle QQ, § 54.2606 of the Texas Government Code, the judges of the four District Courts may refer criminal cases or matters, pending in Tom Green County, to the Criminal Magistrate. The Standing Order below more specifically describes those matters than may be referred 

 Standing Order for Referral to the Criminal Magistrate

 

Criminal Plea Admonishments

The guilty plea admonishments are to be explained to the client and the client shall place the client’s initials in every box that is applicable to the case. These documents are not to be changed

Documents:
Defendant's Written Waiver of Jury
Status Report
Court's Written Admonitions on Ineligibility to Possess Firearm or Ammunition
Request/Waiver for Plea by Videoconference under 27.18
General Admonishments and Waivers for a Felony Plea
Deferred Adjudication Admonishments for a Felony Plea
Intoxication Admonishments for a Felony Plea
Sex Offender Admonishments for a Felony Plea
Certificate of Appeal
Defendant's Waiver of Appellate Right for Felony Cases

Defendant's Waiver of Risk and Needs Assessment

Schedule of Fees for Appointed Attorneys

Attorney's Request for Payment

 

 

Standing Order Regarding Property and Conduct of Parties in Divorce and Suits Affecting Parent Child Relationships

The following order applies in all divorce cases and in any Suit Affecting the Parent Child Relationship (including Motions to Modify). Because this order applies to all parties, the Petitioner’s Attorney should give a copy of this order to their client. The Petitioner’s Attorney shall also attach a copy of this order to the initial pleading and have it served with that pleading.

This Standing Order applies to each case as to injunctive relief that was previously granted either on an ex parte motion for a temporary restraining order or after a hearing for temporary orders. Hearings for temporary relief on subjects covered by this standing order should not be necessary. 

Documents:
Standing Order Regarding Property and Conduct of Parties in a Divorce or SAPCR
Standing Order for For Kids' Sake
Order Appointing Visiting Associate Judge to Child Support Court



Non-Resident Attorney Appearance (Pro Hac Vice)

A reputable attorney who resides outside of Texas and who is licensed in another state or foreign jurisdiction - but not in Texas -may seek permission to participate in the proceedings of any particular cause in a Texas court or body by following the steps set out in Texas Government Code §82.0361 and Rule 19 of the Rules Governing Admission to the Bar of Texas. Satisfying the non-resident attorney fee is the "mandatory initial requirement" in the process.

The non-resident attorney fee is $250 per attorney, per cause. Use the on-line Non-Resident Attorney Fee Submission Form, found at the link to the Texas Board of Law Examiners below, to submit the fee.  
 
After processing your completed Submission Form, you will be issued an Acknowledgement Letter containing the non-resident attorney name, the cause number, and the Texas court or body in which the proceeding is pending. The Acknowledgment Letter will serve as proof that the non-resident attorney has satisfied the required fee. The Acknowledgment Letter will be delivered to you by e-mail, as instructed in the Submission Form. Once the Acknowledgment Letter is delivered, its contents cannot be altered, and the fee cannot be refunded or transferred for any reason. For more information, see Rule 19 of the Rules Governing Admission to the Bar of Texas and Texas Government Code §82.001 et seq.  For information on asking the Supreme Court of Texas to waive or reduce the non-resident attorney fee, see Request to Waive or Reduce Non-Resident Attorney Fee.)
 
After satisfying the fee requirement, a non-resident attorney must then file a motion in the Texas court or body in which the attorney is requesting permission to appear. The motion must be accompanied by the Acknowledgment Letter, as well as a motion from a resident practicing Texas attorney. See Rule 19 for information on the required form and content of these motions. The decision to grant or deny a motion for permission to participate is made by the Texas court or body in which it is filed.
 
Texas Board of Law Examiners - Non-Resident Attorney Fee (Pro Hac Vice)

 

Revision to Standards for Qualification of Attorneys for Appointment to Capital Cases

The Local Selection Committee for the Seventh Administrative Judicial Region of Texas has approved revisions to its Standards for Qualification of Attorneys for Appointment to Capital Cases, effective October 1, 2011. A copy is attached.

The Legislature passed SB 1308, effective September 1, 2011, which required each Region to amend its standards for attorney qualifications. Specifically, the bill amends Article 26.052, Code of Criminal Procedure to give attorneys who have previously been found to have rendered ineffective assistance of counsel in a capital case an opportunity to request that a local selection committee make a determination regarding the attorney's current ability to provide effective representation in capital cases.
 
I respectfully request that the local administrative district judge in each county ensure that a copy of theses revised standards is furnished to the District Clerk.

A copy of the revised standards will be posted on the Seventh Administrative Judicial Region’s website. Please Click Here