| (a) Judicial Appointments and Fees. The clerk of each
court shall submit a monthly report to OCA in the format prescribed
by OCA. The report must:
(1) pursuant to Section 36.004 of the Government Code,
list every appointment made for an attorney ad litem, guardian ad
litem, guardian, mediator, or competency evaluator and the compensation
paid, if any. Appointments made by the court for positions exempted
from reporting under Sec. 36.003, Tex. Gov't Code, are not required
to be reported.
(2) The report shall include the case number and style,
and the name of the judge and date of order approving compensation.
The report is due no later than 15 days following the end of the month
reported. If no appointments were made or fees were approved by the
courts in the preceding month, the clerk shall file a report indicating
that no appointments or payments were made in that month.
(b) Jury Charges and Sentences in Capital Cases. Pursuant
to Section 72.087 of the Government Code, the judge or clerk of a
court in which a capital case is heard must submit to OCA a written
record of the case that includes the content of the trial court's
charge to the jury and the sentence issued in the case. The information
must be submitted no later than 30 days after the date of judgment
of conviction or acquittal.
(c) Vexatious Litigants. Pursuant to Section 11.104
of the Civil Practice and Remedies Code, the clerk of each court shall
submit to OCA within 30 days a copy of any order declaring a person
a vexatious litigant and prohibiting the person from filing new litigation
without the consent of the local administrative judge.
(d) Judicial Bypass. Pursuant to Section 33.003(l-1)
of the Family Code, the district clerk or county clerk shall submit
a report to OCA on a form prescribed by OCA the information required
under Sec. 33.003(1-l) regarding a case in which a minor files an
application for a court order authorizing the minor to consent to
the performance of an abortion without notification and consent of
a parent, managing conservator, or guardian.
(e) Court Security Incident. Pursuant to Article 102.017
of the Code of Criminal Procedure, the sheriff, constable or other
law enforcement agency that provides security for a court is required
to submit a report to OCA regarding any incident involving court security
that occurs in or around a building housing a court for which the
sheriff, constable, agency or entity provides security. The report
is due no later than three business days after the date the incident
occurred.
(f) Private Professional Guardians. Pursuant to Section
1104.306 of the Estates Code, the clerk of each county shall annually
submit to the Judicial Branch Certification Commission the name and
business address of each private professional guardian who has satisfied
the registration requirements of Sec. 1104.303, Tex. Estates Code.
The report is due no later than January 31 of each year.
(g) Writ of Attachment. Pursuant to Art. 2.212 of the
Code of Criminal Procedure, not later than the 30th day after the
court issues a writ of attachment, the clerk of a district, statutory
county or county court shall report to OCA on a form prescribed by
OCA the following regarding the issued writ of attachment:
(1) the date the attachment was issued;
(2) whether the attachment was issued in connection
with a grand jury investigation, criminal trial, or other criminal
proceeding;
(3) the names of the persons requesting and the judge
issuing the attachment; and
(4) the statutory authority under which the attachment
was issued.
(h) Regional Presiding Judges Report. Pursuant to Government
Code Sec. 71.038, the presiding judges of the administrative judicial
regions shall submit on a form approved by the Council information
requested by the Council regarding the business transacted by the
judges.
(i) Additional Reporting for Counties with a Population
of 1 Million or More. Pursuant to Sec. 71.035 of the Government Code,
for the reporting period beginning March 1, 2024, in addition to the
other monthly reporting required under this chapter, the district
and county clerks in counties with a population of 1 million or more
as determined by the decennial census shall report to the OCA, in
the form and manner prescribed by OCA, for each of the district and
county courts the clerks support, the following:
(1) the number of cases assigned;
(2) the case clearance rate;
(3) the number of cases disposed;
(4) the number of jury panels empaneled;
(5) the number of orders of continuance for an attorney
before the court or by the court;
(6) the number of pleas accepted;
(7) the number of cases tried by the judge of the court
or before a jury; and
(8) the number of cases tried before a visiting or
associate judge of the court.
|
| Source Note: The provisions of this §171.9 adopted to be effective September 1, 2016, 41 TexReg 5037; amended to be effective February 6, 2020, 45 TexReg 889; amended to be effective February 29, 2024, 49 TexReg 1041 |
