Standing Orders

STANDING ORDER NO. l: COMPLIANCE DISMISSALS WITH ADMINISTRATIVE FEE

The Municipal Court Clerk is authorized to process the dismissal of the following offenses, upon the payment of the specified administrative fee, if the evidence, set forth below, is presented. The Municipal Court Clerk must keep a copy of the evidence presented for the file to be attached to the dismissal to be processed.

1 Expired Inspection (Transp. Code, §548.605(b)) (Repealed as of 3/ 1/ 2015, but still applies to citations issued before that date.)

 The defendant must present satisfactory evidence that he/she remedied the defect within 20 working days of the date of the offense or before the defendant's court appearance, whichever is later, by obtaining a current inspection certificate; and

 The inspection certificate has not been expired for more than sixty days; and

 The defendant must pay an administrative fee of $20.00.

2 Expired Registration/License Plate (Transp. Code, § 502.407(b))

 If the defendant presents evidence of payment of late fee for registration with the appropriate tax office; and

 The defendant must pay an administrative fee of $20.00.

3 Expired Driver's License (Transp. Code, §52 l .026(a))

 The defendant must present satisfactory evidence that he/she renewed his/her driver's license within 20 working days of the date of the offense or before the defendant's first court appearance, whichever is later; and

 The defendant must pay an administrative fee of $20.00.

4 Fail to Display Driver's License, (Transp. Code, §521.025)

 Upon presentation of a Texas Drivers' License:

a.) issued to the defendant; and

b.) appropriate for the type of vehicle operated; and

c.) valid at the time of the arrest for the offense.

 The defendant must pay an administrative fee of $10.00.

 Any citation issued to a holder of an out of country driver's license must be set on a court docket and the defendant must appear before the judge.

5 License Plates. (T.C. 504.943(d)) For the Offense of not having two license plates (front and rear)

 The defendant must present satisfactory evidence the he/she remedied the defect before the first court appearance; and

 The defendant must pay an administrative fee of $10.00.

6 Obscured License Plates. (T.C. 504.945(d))

 The defendant must present satisfactory evidence that he/she remedied the defect before the first court appearance; and

 Show that vehicle was issued a plate that was attached to the vehicle establishing that the vehicle was registered for the period during which the offense was committed; and

 The defendant must pay an administrative fee of$ I0.00.

7 Change of Address or Name. (T.C.52 I .054( d))

 The defendant must present satisfactory evidence that he/she remedied the defect not later than the 20th working day after the date of the offense; and

 The defendant must pay an administrative fee of $20.00.

8 License Endorsements. (T.C. 521.221 (d))

 The defendant must present satisfactory evidence that the driver's license endorsement was imposed because of a physical condition that was surgically or otherwise medically corrected before the date of the offense; or was in error; and

 The Department of Public Safety (DPS) removes the restriction or endorsement before the defendant's first court appearance; and

 The defendant must pay an administrative fee of $10.00.

9 Equipment Violations. (T. C.547 .004(c) and (d))

 The offense must not involve a commercial motor vehicle; and

 The defendant must present satisfactory evidence that he/she remedied the defect before the first court appearance; and

 The defendant must pay an administrative fee of $10.00.

10 Handicap Violations - Expired Disabled Parking Placard (T.C. 681.013)

 The defendant must present satisfactory evidence that he/she remedied the defect not later than the 20th working day after the date of the offense or before the defendant's first court appearance, whichever is later; and

 The placard was not expired for more than 60 days; and

 The defendant must pay an administrative fee of $20.00.

11 Failure to Display Registration. (T.C. 502.473(d))

 The defendant must present satisfactory evidence that he/she remedied the defect before the defendant's first court appearance; or

 Show that the vehicle was issued a registration insignia that was attached to the vehicle establishing that the vehicle was registered for the period during which the offense was committed; and

 The defendant must pay an administrative fee of $10.00.

12 Displaying Registration that is assigned for a period other than in effect (T.C.502.475(c))

 The defendant must present satisfactory evidence that he/she remedied the

defect before the defendant's first court appearance; and

 The defendant must pay an administrative fee of $10.00.

13 Operating a vehicle without complying with inspection requirements as certified (T.C. 548.605(e) (Effective January 1, 2016)

 The defendant must present satisfactory evidence that he/she remedied the defect before the defendant’s first court appearance, or not later than the 20th working day after the date of the citation, whichever is later and not later than the 40th working day after the applicable deadline regarding inspection requirements; and

 The defendant must pay an administrative fee of $20.00.

STANDING ORDER NO. 2: DISMISSALS WITHOUT FEE

The Court Clerk is authorized to process the dismissal of the following offenses upon showing the necessary proof.

1. Proof of Financial Responsibility (Transp. Code, § 601.193)

a.) Proof of financial responsibility, such as a valid insurance card or insurance policy, upon verification by the Court Clerk;

b.) No dismissal fee is required.

STANDING ORDER NO. 3: MOTIONS FOR CONTINUANCE

A. Written motions are required, unless the attorney for the defense or the State is before the court on the date of court, whereupon a verbal motion may be made.

B. The court, as a matter of policy, will grant one continuance per party without good cause shown.

C. Subsequent requests for continuance will be on good cause shown, which may include but not be limited to:

1. Pre-existing court dates, with appropriate documentation regarding when notified of the conflicting court date.

2. Pre-scheduled vacation dates with no refunds available

3. Conflicting subpoenas for witnesses

4. Conflicting training schedule for witness

5. Unexpected emergency situation

D. Motions for continuance shall be filed as soon as practicable before the court date, based upon when party requesting the continuance determines a conflict exists. Motions received the day of or day before the scheduled court date will not be granted unless good cause is shown.

E. Motions untimely filed, without good cause shown, may be denied by the court. Motions denied, and subsequent failure to appear may have the prosecution request that a failure to appear charge be filed, a warrant executed and a bond for new court setting required. A cash bond will be required if the failure to appear occurred on a surety or attorney bond.

STANDING ORDER NO. 5: FILING WITH COURT

I. A plea of not guilty, guilty or no contest may be made by mail Art. 27. l 6(b), CCR and 45.013. The Court Clerk may process cases as follows:

a. Upon a plea of not guilty, the individual will be set for a Pre-Trial (Plea) Hearing with the prosecutor to make any motions, have the procedures and options explained prior to the trial date or to give time to the defendant to seek legal counsel.

b. Upon a plea of guilty or no contest, and request for disposition, the case may be processed in accordance with the Court' s standing order, set for Pre-Trial (Plea) Hearing, or set for a first appearance before the court.

Note: All communications with the court such as, letters of representation, pleas, requests for disposition, and appeals, must be in writing, and if the defendant has an attorney the attorney must be in good standing with the State Bar of Texas and sign all written correspondence. Written communications, other than mere transmittal correspondence, will not be accepted by non-attorneys (including but not limited to, paralegals, legal secretaries, legal assistants, etc.) for purposes of proceedings hereunder.

STANDING ORDER NO. 6: DEFERRED DISPOSITION

PERSONS WITH CDL' S DO NOT QUALIFY, AND MAY NOT TAKE, DEFERRED DISPOSITION. ANY JUDGMENT PROCESSED IN ERROR WILL BE RESCINDED AND THE DEFENDANT NOTIFIED OF A NEW COURT DATE.

The Clerk of the Court may process a request for deferred disposition for a moving violation, upon a plea of guilty or no contest, provided:

• The offense did not involve an accident or injury; and

• Speeding was less than 25mph over the posted speed limit;

• And the individual does not qualify for DSC/MTC due to having taken the course in the preceding 12 months, does not have a valid TX Driver' s License, and is not active-duty military and does not have proof of Financial Responsibility.

The term of the deferred disposition is 90 days, except for insurance violations which will be 180 days. The standard city fine and cost will be assessed and the required special expense fee of $50 will be added to the standard city fine and court cost. The defendant shall be required to:

• Make payment of all fines, costs, and special expense fees lump sum in advance; and

• Avoid any additional Traffic Code offenses during the deferral; and

• If charged with an insurance violation present and maintain state minimum level of liability insurance for 180 days. The term of the deferred disposition is 180 days; and

Any violation of these terms will require a show cause hearing before the Judge. Any new offenses of the Traffic code during the deferral period will require a docket setting for the new cases and a show cause setting for the deferral.

Grace Period- if a defendant provides the clerk will all required documents bearing dates within the deferral period, the clerk may accept them within 10 days of the original deadline.

Show Cause- The clerk's office will not accept documents bearing the dates after the deadline period, or presented more than 10 days after the deadline. Such cases will be scheduled for a Show Cause Hearing before the Judge.

This does not apply to:

• Cases with a juvenile defendant.

• Passing an authorized emergency vehicle or school bus

• Speeding more than 25 mph over the posted limit.

• Assault cases.

Persons within these categories that request deferred disposition must appear for a pretrial hearing.

STANDING ORDER 6A: DEFERRED DISPOSITION – COMPLETION OF OUTSTANDING CONDITIONS PENDING A SCHEDULED SHOW CAUSE HEARING

Defendants on deferred disposition (not in warrant status), who are scheduled for a show cause hearing and complete all outstanding conditions of deferred disposition before said show cause hearing, including fine, court costs, community service, classes, procurement of license, and DSC, or any other conditions, shall be dropped from the docket & have their deferred disposition closed out successfully. Defendants set for a show cause hearing due to new citations shall remain and appear on the show cause docket, regardless of completing other conditions before the hearing date. Defendant speeding more than 25 MPH over the limit, who have been set for a show cause hearing, must appear at the show cause hearing, whether or not outstanding conditions are completed before the hearing date.

15 Days after missed show cause, Court will honor deferred if all conditions met (including warrant/OMNI/collection fees) Otherwise- conviction

STANDING ORDER NO. 7: DRIVING SAFETY COURSE (DSC) and

MOTORCYCLE TRAINING COURSE (MTC)

A person qualifies for the mandatory DSC/MTC if the defendant:

1. Requests DSC/MTC on or before the answer date; and

2. Pleads guilty or no contest to the charge; and

3. Has not taken DSC/MTC within the preceding 12 months from the date of the offense; and

4. Has a valid Texas Driver's License (unless member of US Military on

active duty); and

5. Provides current proof of Financial Responsibility in his/her name or is listed as an insured driver on the policy; and

6. Is charged with a moving violation, other than speeding 25 miles per hour or more over the posted speed limit.

However, the defendant is not entitled to mandatory DSC/MTC if charged with one of the following:

1. TC § 545.066: Passing a school bus;

2. TC § 550.022 accident involving damage to vehicle;

3. TC § 550.023, failure to give or render aid;

4. A serious traffic violation, TC §522.003(25) driving in excess over 15 mph over the speed limit; reckless driving; improper or erratic lane change; traffic violation resulting in fatal accident; or following too closely;

5. TC§ 542.404, construction or maintenance work zone;

6. Violation of§ 522.011 (license or permit required); § 522.042 commercial Driver' s license.

The defendant has 90 days to complete the DSC/MTC and submit to the Court a uniform Certificate of Completion (or verification with MTC), an Affidavit stating that the defendant is not taking a course under this section or has not completed a course under this section that is not shown on the person' s driving record, and the person' s driving record.

If a defendant fails to comply with the terms and conditions of the DSC/MTC deferred judgment, the court clerk shall send notice to the defendant of the failure to comply and require that the defendant appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court.

If the defendant fails to appear at the Show Cause Hearing, or appears but does not show good cause for the failure to comply, the court may enter an adjudication of guilt and impose sentence. If good cause is shown, the Court may grant an extension to present the uniform certificate or verification of course completion. NO EXTENSIONS WILL BE GRANTED TO TAKE DSC OR MTC BY THE CLERK. ALL REQUESTS FOR EXTENSIONS MUST BE PRESENTED TO THE JUDGE.

PERSONS WITH CDL'S OR WHO HELD A CDL AT THE TIME OF THE OFFENSE DO NOT QUALIFY, AND MAY NOT TAKE, DSC/MTC. ANY JUDGMENT PROCESSED IN ERROR WILL BE RESCINDED AND THE DEFENDANT NOTIFIED OF A NEW COURT DATE.

The law requires that persons that are under the age of 25, who receive moving violations and wish to keep it off their driving record, must take DSC.

The person may take:

a. The mandatory DSC if they meet the state law qualifications; or

b. May take deferred disposition with DSC, if they don' t meet the statutory requirements.

Juveniles under the age of 17 must appear in court to exercise this option.

This order is intended to comply with the requirements of Art 45.0511, CCP, as amended, and shall be so enforced and interpreted.

STANDING ORDER NO. 8: PAYMENTS

FINE PAYMENT- Defendants or their attorney may in person or by mail, pay the established fine in full such payment will be accepted by the Court as a plea of no contest and written waiver of jury trial and will result in a finding of guilty.

METHODS OF PAYMENT- the Court will accept cash, money order, credit card, and cashier's check for any and all cases. Personal checks will not be accepted for payments of warrants.

PAYMENT PLANS- A defendant or their attorney may request that the Court grant time to pay the established fine and fees for any or all outstanding cases.

The Clerk' s office may schedule payments as follows:

$50/30 days

• As required by Government Code, Chapter 51 (K), an additional court cost of $25 or $15, depending on the violation date, is assessed per violation whenever a defendant opts to pay a fine through an installment agreement.

• Payment plans will not be granted for more than 180 days time.

INDIGENCY- A Defendant may claim indigency if they are unable to pay the fines, costs and fees assessed against them. An indigency Hearing should be scheduled 30 days after a defendant has filed a complete Financial Information Packet. Incomplete forms will not be accepted. A finding of indigency may result in:

• an extended payment schedule,

• an order of community service,

• a reduction in fine and fees, or

• any combination of such methods

COMMUNITY SERVICE- Any community service requests will be considered by the Judge and decided on a case by case basis.

STANDING ORDER NO. 9: PRE-TRIAL CONFERENCES

Any defendant requesting a jury trial, or as otherwise specified here in, must be set for a pre-trial conference with the prosecutor. The defendant must be advised that all pre-trial motions and discovery requests must be made at that time, before the Court. Any defendant who requests a jury trial must be advised that failure to appear on the day of trial will cause the assessment against the defendant of the costs of impaneling the jury, unless good cause is shown to the Court, pursuant to Article 45.251 of the Texas Code of Criminal Procedure. A pretrial with the prosecutor may be reset once without agreement of the prosecutor. Thereafter, resets will only be granted upon agreement of the prosecution, or for good cause shown to the Court.

STANDING ORDER NO. 10: FAILURE TO APPEAR

If a defendant has failed to timely appear in court to properly dispose of his/her case, and a warrant has been issued and subsequently appears in court, the Court Clerk is authorized to process the case as provided in these standing orders if the defendant:

I . Disposes of the violation by a plea of guilty or no contest and full payment of the fine and court costs; or

2. Upon plea of not guilty, defendant posts a cash bond.

3. A warrant shall be recalled if a defendant voluntarily appears to resolve the arrest warrant and the arrest warrant is resolved in any manner authorize d by the Code of Criminal Procedure and the Court's standing orders.

If a defendant has failed to timely appear in court on his/her scheduled court date and time, and subsequently appears on the court date after the court session has concluded or within l O days, the Court Clerk shall automatically reset the defendant' s case(s) for the next available docket if a reset has not previously been granted.

STANDING ORDER NO. 11: CAPIAS PRO FINE WARRANTS

Upon Defendant's presentation of self at the Court Clerk' s window, the clerk may process a modified judgment that reflects the following:

1. Paid in Full, upon receipt of full payment of the amount due and owing.

2. Defendant may pay half immediately and the balance within 30 days (warrant placed in temporary hold status in accordance with Article 45.0 14 Code of Criminal Procedure (but omni hold remains), until balance is paid in full).

3. A defendant claiming indigency on a capias pro fine warrant balance can have the warrant placed in temporary hold status (with omni hold remaining), after the submiss ion of a financial information packet, with a hearing to be held within 30 days thereafter. A defendant not claiming indigency should not be set on the indigency docket for a capias pro fine warrant.

STANDING ORDER N0. 12: WARRANT PAYMENT PLAN

Upon a plea of guilty or no contest, and waiver of jury/bench trial, the Court Clerk may process a payment plan based upon the following terms for alias warrants:

1. Completion of a payment plan application.

2. All payment plans are subject to $25or $15 Time Payment fee per violation, depending on the date of violation, if not paid by the 31st day.

3. Payment of half of balance owed due at time of request.

4. Warrants shall be recalled from active status, in accordance with Article 45.014(g) Code of Criminal Procedure, but omni holds shall remain until paid in full.

5. Payments on the balance can be spread over a 6 month time period if the

amount owed exceeds $601.00

If defendant claims he/she cannot make the payments in accordance with this order, the Court Clerk may process the case, indicating the plea of guilty or no contest, waiver of bench/jury trial, payment due within 30 days, and an indigency hearing set within 30 days. At the hearing defendant shall provide:

1 . Indigency packet and information. Proof of all income, bills, debts and financial obligations must be presented at the time of the hearing.

2. Failure to appear at the indigency hearing, or full payment within 30 days as ordered, will result in a capias pro fine warrant issued.

In the event that a Defendant cannot make the payments in accordance with the Order, due to changed circumstances, provided they have come to the court before they have defaulted, the clerk is authorized to set the Defendant on an indigency docket, with the proper forms and instructions, to allow the judge the opportunity to assess the current financial situation of the defendant. In the interim, the Defendant is encouraged to make periodic payments in the amount he/she believes they can afford to make, to reduce the amount outstanding and provide the court with additional evidence of the amount they are able to pay, all of which will be taken into consideration at the time of the indigency hearing.

STANDING ORDER NO. 13: COURTROOM DECORUM

Electronic devices- All cellular device s, mobile phones, pagers, laptop computers, tablet computers, and any other electronic devices carried into the courtroom must be turned off.

Court scheduled- All persons scheduled to appear before the court must appear at the time scheduled.

Court Protocol- All persons present in courtroom will rise when the Judge enters the courtroom and will remain standing until instructed to be seated.

a. The Judge' s bench should not be approached without permission.

b. The court should be addressed as Your Honor or Judge and other individuals addressed respectfully.

c. Persons addressing the Court will not talk at the same time as the Judge, the prosecutor, opposing counsel, or witnesses.

Inappropriate Language/gestures- Racist, sexist, and other forms of discriminatory language or gestures, as well as obscene, or profane language or gestures are prohibited, unless they are pertinent to a case being heard by the Court, or are elicited and quoting from facts in the case.

Inappropriate conduct- Conduct that disturbs or distracts the Judge, counsel, witnesses or other Court personnel is prohibited. Individuals that disrupt court proceedings shall be removed from the courtroom.

Reading materials- The reading of newspapers, magazines, periodical s, books, etc. in the courtroom during proceedings is prohibited.

Food/ drinks- Food, chewing gum, and drinks are not permitted in the courtroom.

Weapons- No weapons are permitted in the courtroom, except those carried or possessed by law enforcement officers, or as needed for evidence in court.

All persons who appear before Court must adhere to the model rules of decorum which are hereby adopted.

Proper Attire Required - Defendants must adhere to the following rules:

• ALL PERSONS present in the Courtroom shall be dressed in a manner that shows dignity and respect for the Court.

• NO SHORTS or CUT-OFFS

• NO TANK TOPS, MUSCLE SHIRTS, or CROPPED SHIRTS

• NO HOUSE SHOES or SLIPPERS

• NO LOW-CUT SHIRTS or BLOUSES, HALTER TOPS, OR PROVOCATIVE CLOTHING

• NO HATS (ALL TYPES)

• 0 SUNGLASSES

• NO PAJAMAS or ROBES

• NO SWIMWEAR

• NO EXPOSED UNDERGARMENTS

• NO CLOTHING WITH OFFENSIVE, VULGAR, RACIST, SEXIST, OBSCENE, OR SUGGESTIVE LANGUAGE, SLOGANS, DEPICTIONS, GRAPHICS, PICTURES, OR OBJECTS

• NO CLOTHING THAT DEPICTS OR PROMOTES VIOLENCE, SEX ACTS, ILLEGAL DRUG USE, OR PROFANITY

• SHOES MUST BE WORN AT ALL TIMES.

THE DRESS CODE WILL BE STRICTLY ENFORCED. ANY PERSON NOT DRESSED IN APPROPRIATE COURTROOM ATTIRE WILL NOT BE PERMITTED INSIDE THE COURTROOM. IF THE DRESS CODE IS VIOLATED AT ANY TIME WHILE AN INDIVIDUAL IS INSIDE THE COURTROOM, THE INDIVIDUAL SHALL BE REMOVED FROM THE CITY OF CONVERSE MUNICIPAL COURT BUILDING.

STANDING ORDER NO. 14:

ADMONISHMENT REGARDING MISDEMEANOR ASSAULT FAMILY VIOLENCE

SB 1236 - Effective 9/1/09.

Requires that certain citations issued for a Class C misdemeanor contain a prominently printed admonishment stating the defendants convicted of certain offenses constituting family violence are prohibited from possessing or purchasing firearms and advising defendants with questions to consult with an attorney. Requires a court to issue the same admonishment to a defendant charged with a misdemeanor involving family violence before accepting a plea of guilty or no contest. Provides that the citation serves as this admonishment if the defendant is charged with a misdemeanor punishable by fine only. Removes the requirement under current law that the court must admonish a defendant at arraignment, prior to accepting a plea of guilty or no contest, regarding possession or purchase of a firearm if the defendant is convicted of a misdemeanor involving family violence. See Arts. 14.06(b); 26.13(a); and 27.14(e), Code of Crim. Proc.

STANDING ORDER NO. 15: STANDING ORDER REGARDING CONDUCT AND USE OF CELLULAR PHONES, PORTABLE COMPUTERS, PHOTOGRAPHIC, RECORDING, OR OTHER ELECTRONIC EQUIPMENT

1. Recording of Court Proceedings. The photographing, recording, broadcasting or televising of any person, object or proceeding inside the City of Converse Municipal Court Building is not permitted, unless previously authorized by the judge. All forms of audio-recording, video recording and use of photographic applications are strictly prohibited in the City of Converse Municipal Court Building except as specified herein. Audio-recording, video-recording and photographic devices may be permitted during a court proceeding only with prior approval from the judge.

2. General Public Provision. Cellular devices, mobile phones, laptop computers, tablet computers, and any other electronic recording devices or photographic equipment shall not be used in the courtroom and should be turned off. Social Media shall not be accessed while in the courtroom. Cellular devices, mobile phones, laptop computers and tablet computers may be used in the lobby area provided that they are used in a reasonable and non-disruptive manner, subject to the recording prohibitions in number one above. Broadcasting of Court proceedings is strictly prohibited.

3. Violations. Violation of this Court Order may result in the individual being asked to leave the courtroom and/or City of Converse Municipal Court Building, the individual being removed from the courtroom and/or City of Converse Municipal Court Building, confiscation of cellular devices, mobile phones, laptop computers, tabletop computers, and any other electronic recording devices or photographic equipment, and/or a finding of Contempt of Court.

STANDING ORDER NO. 16: DISCOVERY

The prosecutor shall comply with discovery as mandated by Article 39.14 Code of Criminal Procedure.

STANDING ORDER NO: 17 ARREST ON CLASS C CITY WARRANT ONLY

A person arrested only on a class Converse city warrant shall be discharged from custody and the warrant lifted upon full payment of time and costs or the posting of a cash bond. A person unable to pay fines and costs in full or post cash bond within 24 hours of arrest shall be released on personal recognizance (PR) bond with a show cause hearing within 30 days. A person released on PR bond shall have the warrant placed in temporary hold status (omni hold remains) until the show cause hearing. Failure to appear at the show cause hearing will result in re-issuance of warrant.

THE ABOVE STANDING ORDERS NUMBERS 1 THROUGH 17 ARE HEREBY ADOPTED. THEY SUPERSEDE ANY PRIOR STANDING ORDERS ON THE SUBJECTS ADDRESSED. THE COURT'S PRIOR STANDING ORDER ON MAGISTRATION OF PI CASES REMAINS IN EFFECT.

JUDGE FRANK DICKSON, CONVERSE

EFFECTIVE DATE: MARCH 24, 2021

Standing Orders

City of Converse Texas