We will be providing updates on this page related to courts and TMCEC events affected by the COVID-19 pandemic. For up-to-date information on canceled and rescheduled events, click on the Schedule tab or click here.
January 14: The Supreme Court of Texas issued the 33rd Emergency Order that renews the 29th Emergency Order and sets out the limitations and criteria for jury trial proceedings through April 1, 2021. Key highlights from the Order are (See Order for full details):
- Courts are required to continue to use all reasonable efforts to conduct proceedings remotely and are prohibited from conducting in-person proceedings contrary to the Guidance for All Court Proceedings During the COVID-19 Pandemic.
- Justice and municipal courts are prohibited from holding an in-person jury proceeding prior to April 1, 2021.
- Except for criminal cases where confinement in jail or prison is a potential punishment, judges may conduct remote jury proceedings as long as the court considers on the record any objection or motion related to proceeding with the remote jury proceeding at least seven days before the proceeding or as soon as practicable if the objection or motion is made or filed within seven days of the jury proceeding.
- Except for non-binding proceedings, a judge may not permit or require a petit juror to appear remotely unless the judge ensures they have access to technology to participate remotely.
- Judges may continue to conduct proceedings remotely away from the court's usual location with reasonable notice and access to the participants and the public.
December 31: Based upon feedback, OCA and the regional presiding judges developed a template for the recertification of in-person operating plans. The deadline for submission has been extended to January 11.
December 17: The Office of Court Administration sent COVID Update #19 to judges, clerks, and court staff - Required Recertification for In-Person Proceedings on or after January 1, 2021:
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The local administrative district judge (LADJ) or presiding judge of a municipal court (PJ) must consult with the local public health authority to review a previously-submitted in-person proceeding operating plan to determine whether the plan provides sufficient health and safety protocols to permit in-person proceedings. LADJs and PJs should discuss with the local public health authority whether current local pandemic conditions are conducive to in-person proceedings and what precautions should be taken when those proceedings are conducted. Documentation of the consultation must be submitted with the recertification.
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The LADJ and PJ must, after conferring with the judges of all courts with courtrooms in county building (LADJs) or municipal buildings (PJs), state the objective criteria that will be used to determine when an in-person proceeding is necessary and when all reasonable efforts do not permit the proceeding to be conducted remotely. The criteria should be specific and not include broad case of hearing type categories (e.g. courts may not indicate that all motions to suppress will be held in person, etc.). Examples of criteria may include items such as inability of parties to participate due to a disability or lack of technology. If a LADJ or PJ has questions about whether certain criteria are appropriate for in-person proceedings, please contact the Regional Presiding Judge.
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The LADJ and PJ should submit the recertification to the Regional Presiding Judge. Upon written acknowledgement from the Regional Presiding Judge that the recertification meets the requirements, the courts in the county or city may commence in-person proceedings only in accordance with the Supreme Court’s most recent emergency orders, guidance issued by the Office of Court Administration (OCA), the county/city operating plan, and the criteria stated in the recertification. The Regional Presiding Judge must forward a copy of each recertification to the OCA at coronavirus@txcourts.gov.LADJs or PJs who wish to update their operating plans should follow the process detailed in the Guidance for All Court Proceedings During COVID-19 Pandemic (Effective October 1, 2020).
December 15th: The Texas Department of Motor Vehicles announced that the temporary waiver of certain vehicle title and registration requirements will end on April 14, 2021. The waiver was originally announced by Governor Abbott on March 16, 2020.
November 11th: The Supreme Court of Texas issued the 29th Emergency Order extending previous limitations on jury trials through February 1, 2021. The Order requires courts to continue using all reasonable efforts to hold proceedings remotely and to follow OCA's Guidance for all Court Proceedings.
September 18th: The Supreme Court of Texas issued the 26th Emergency Order (effective October 1st), which sets out the limitations and criteria for jury trial proceedings on or after October 1st. Specifically, a "justice or municipal court must NOT hold an in-person jury proceeding, including jury selection or a jury trial, prior to December 1, 2020." This Order replaces the 22nd Emergency Order.
August 31st: Pursuant to the 22nd Emergency Order Regarding the COVID-19 State of Disaster, OCA issued Jury Trials During the COVID-19 Pandemic: Observations and Recommendations. The report details the actions of the Texas judiciary during the pandemic and observations from the 20 jury trials that have been conducted under the Supreme Court of Texas Emergency Orders. The report also provides 11 recommendations for the Court to consider.
August 21st: The Supreme Court of Texas issued the 24th Emergency Order Regarding the COVID-19 State of Disaster, which renews the 20th Emergency Order for certain statements in residential evictions proceeding pleadings.
August 7th: The Supreme Court of Texas issued the 23rd Emergency Order Regarding the COVID-19 State of Disaster extending the deadline for payment of State Bar membership fees to October 31, 2020.
July 17th: The Conference of Regional Judges provided a summary of the Texas Supreme Court's 18th Emergency Order and OCA's Guidance to correct any misinterpretation and to ensure compliance with both.
July 6th: TMCEC has canceled all in-person seminars and events and will focus exclusively on distance learning for the remainder of the 2020 Academic Year (ending August 31, 2020). See the official release from the executive director here. See the Online Education Guide here.
June 29th: The Supreme Court of Texas issued its Eighteenth Emergency Order Regarding the COVID-19 State of Disaster. This Order extends and amends the Seventeenth Emergency Order and generally prohibits jury proceedings until September 1 (authorizes a limited number of jury proceedings under certain conditions).
May 26th: The Supreme Court of Texas issued its Seventeenth Emergency Order Regarding the COVID-19 State of Disaster. This Order amends existing provisions from the omnibus Twelfth Emergency Order signed on April 27th. Among other things, the Order generally prohibits jury proceedings, including jury selection or a jury trial, prior to August 1, 2020 until further guidance is provided by OCA.
May 7th: Governor Abbott issued Executive Order No. GA-22 relating to confinement during the COVID-19 disaster.
May 4th: OCA issued Guidance for All Court Proceedings During the COVID-19 Pandemic for proceedings on or after June 1, 2020. (Note: Some courts have asked about the DSHS Stop the Spread of Germs flyer referenced in OCA's guidance. It is linked here for convenience.)
For a list of Presiding Judges of the 11 Administrative Judicial Regions in Texas as of May 18, 2020, click here. Note that this document is the product of individual searches. Judges should call first to make sure they are sending their operating plan to the right place.
April 27th: Governor Abbott issued Executive Order No. GA-18 relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the COVID-19 disaster. The order continues until May 15, 2020.
April 27th: Chief Justice Nathan L. Hecht issued the Twelfth Emergency Order Renewing, Clarifying, and Amending Previous Emergency Orders. Notably, the Order prohibits courts from conducting in-person proceedings contrary to guidance issued by OCA regarding social distancing, maximum group size, and other restrictions and precautions. The Order expires June 1st except as noted within the Order.
April 17th: OCA issued updated guidance on conducting court proceedings based upon the Guidelines for Opening Up American Again released by President Trump and the White House Coronavirus Task Force and Governor Abbott's executive orders.
April 17th: Governor Abbott issued three new executive orders intended to begin lifting certain restrictions in place due to the pandemic: GA-15 (relating to hospital capacity); GA-16 (relating to the safe, strategic reopening of select services); and GA-17 (establishing the Governor's Strike Force to Open Texas).
April 10th: A Travis County District Judge granted an application for a temporary restraining order and issued a temporary restraining order prohibiting the Governor and Attorney General from enforcing Executive Order GA-13 against judges. GA-13 relates to the release on a personal bond of inmates in jail who have previously been convicted of a crime involving physical violence or the threat of physical violence or of any person currently arrested for such a crime that is supported by probable cause.
April 6th: The Office of Court Administration shared two resources:
- Background and Legal Standards--Public Right to Access to Remote Hearings During COVID-19 Pandemic discusses the orders, constitutional provisions, statutes, and case law that guide a court in this decision.
- Livestream Bench Card: Procedure for Limiting Public Access via Livestream discusses how a judge should proceed if the judge is considering closing a livestream from public view.
April 2nd: The Office of Court Administration issued updated Court Operation Guidance.
April 1st: The Supreme Court of Texas issued its Eighth Emergency Order Regarding the COVID-19 State of Disaster. This Order relates to service and statute-of-limitations deadlines in civil cases.
March 31st: Governor Abbott issued Executive Order GA-14, effective at 12:01 a.m. on April 2 through April 30, which requires that every person in Texas, except where necessary to provide or obtain essential services, minimize social gatherings and minimize in-person contact with people who are not in the same household. The Order defines "essential services" to include everything in the U.S. Department of Homeland Security's Guidance on Essential Critical Infrastructure Workforce, plus religious services conducted in churches, congregations, and houses of worship or any other essential service added to the list with the approval of the Texas Division of Emergency Management. Note that "workers supporting the operations of the judicial system" are listed in the federal guidance as an essential service.
March 30th: The Texas Court of Criminal Appeals issued an Emergency Order Regarding the Rules of Judicial Education. See the official release from the Executive Director here.
March 27th: TMCEC has canceled or postponed all seminars and in-person events through May 8th. Online webinars will be continued as scheduled. See updated schedule here and official release from the Executive Director here.
March 24th: The Supreme Court of Texas issued its Seventh Emergency Order Regarding the COVID-19 State of Disaster. This Order relates to possession schedules in Suits Affecting the Parent-Child Relationship.
March 24th: The Supreme Court of Texas issued its Sixth Emergency Order Regarding the COVID-19 State of Disaster. The 2020 elections for presidents-elect and directors of the State Bar of Texas and the Texas Young Lawyers Association must be conducted online only, by electronic vote, and not by paper ballot. The voting period is extended to 5 p.m. on May 29, 2020.
March 23rd: The State Bar of Texas MCLE Department will grant an automatic 60-day extension to attorneys reaching their compliance deadlines in March, April, or May. Attorneys who missed compliance deadlines in January or February will receive an automatic 60-day extension to prevent the assessment of further fees. Attorneys now subject to suspension for failing to comply with MCLE requirements in November or December will have an additional one-month extension.
March 20th: The Supreme Court of Texas issued its Fifth Emergency Order Regarding the COVID-19 State of Disaster. All deadlines, whether prescribed by statute, rule, or order, related to attorney professional disciplinary and disability proceedings are tolled.
March 19th: OCA recommends that courts continue to delay in-person proceedings of any size until at least May 1. However, in an effort to assist judges to hold both essential and non-essential proceedings remotely, OCA has tested and procured licenses from Zoom to permit any judge in the state to host and provide public access to the proceedings. To sign up for this free service, submit the required information at https://www.surveymonkey.com/r/TXCourtszoom. If your court does not already have a YouTube channel (recommended for public access), OCA has provided instructions for setting one up. If you already have a Zoom account, it will be linked to the state account, providing additional functionality to your account.
UPDATE: OCA hosted a webinar to provide an overview of the Zoom service on March 23, 2020. To view the recorded webinar, visit: https://attendee.gotowebinar.com/register/7800155795441656331.
OCA has established a specific email address to field questions, comments, or to be made aware of issues related to COVID-19: coronavirus@txcourts.gov.
March 19th: The Supreme Court of Texas issued its Fourth Emergency Order Regarding the COVID-19 State of Disaster. This order relates to eviction proceedings.
March 19th: The Supreme Court of Texas and the Texas Court of Criminal Appeals issued its Third Emergency Order Regarding the COVID-19 State of Disaster. This order amends the first emergency order by:
- striking the requirement that proceedings be conducted in the county of venue (still requires notice and public access)
- clarifying applicability to all proceedings under Subtitle E, Title 5 of the Family Code (Child Abuse and Neglect Cases) and dismissal deadlines related to termination cases filed by the government
This order also prohibits judges from conducting non-essential proceedings in person contrary to local, state, or national directives, whichever is most restrictive, regarding maximum group size. (UPDATE: According to OCA, examples of essential functions include: criminal magistration, CPS removal hearings, temporary restraining orders/temporary injunctions, juvenile detention hearings, family violence protective orders. To inquire whether you believe a proceeding is an essential function, email coronavirus@txcourts.gov.)
March 18th: Governor Abbott directed DPS to temporarily waive expiration dates for driver's licenses, commercial driver's licenses, and other identification forms.
March 17th: TCCA has released updated requirements for Court Clerk Certification; you can read the release here.
March 17th: The Supreme Court of Texas issued its Second Emergency Order Regarding the COVID-19 State of Disaster (clarifies that child possession schedules establishing access to a child under a court-ordered possession schedule are not affected by the school's closure that arises from an epidemic or pandemic and that the original published school schedule controls).
March 16th: Governor Greg Abbott waived certain vehicle registration, titling, and parking placard regulations in Texas. Click here for more information.
March 16th: TMCEC has canceled or postponed all seminars and in-person events through April 10th. Online webinars will be continued as scheduled. See updated schedule here and official release from the Executive Director here.
March 13th: The Supreme Court of Texas and the Texas Court of Criminal Appeals issued its First Emergency Order Regarding the COVID-19 State of Disaster. This order permits all courts in Texas to do the following without a participant's consent (and requires the following to avoid risk to court staff, parties, attorneys, jurors, and the public):
- Modify or suspend any and all deadlines and procedures prescribed by statute, rule, or order for a stated period ending no later than 30 days after the Governor’s State of Disaster has been lifted
- Allow or require anyone involved in any hearing, deposition, or other proceeding of any kind – including a party, attorney, witness, or court reporter, but not a juror – to participate remotely, such as by teleconferencing, videoconferencing, or other means
- Consider as evidence sworn statements made out of court or sworn testimony given remotely, out of court, such as by teleconferencing, videoconferencing, or other means
- Conduct proceedings away from the court's usual location, but in the county of venue, and only with reasonable notice and access to the participants and the public. (strike-through based on Third Emergency Order above).
- Require every participant in a proceeding to alert the court if the participant has, or knows of another participant who has, COVID-19 or flu-like symptoms, or a fever, cough or sneezing
- Take any other reasonable action to avoid exposing court proceedings to the threat of COVID-19
- Extend the statute of limitations in any civil case for a period ending no later than 30 days after the Governor's state of disaster has been lifted
March 12th: OCA has released updated guidelines for courts; read the release here.
March 12th: "TMCEC is vigilantly monitoring events related to the Coronavirus in Texas. At this time, all TMCEC events are proceeding as planned." Read the full statement from TMCEC's Executive Director here.
March 9th: We are monitoring the situation daily. At this point all seminars are continuing as planned. For more information we encourage you to read a statement from TMCA and a statement from OCA.