Information updated as of 3-16-20
Freestone County District Court is following the guidelines from the Council of Presiding Judges and the Office of Court Administration in regards to COVID-19.
The guidelines read as follows:
–Courts should suspend proceedings to avoid gatherings of large groups of people, including all jury duty and all jury trials until at least April 1, 2020. Courts should also try to schedule hearings to avoid large docket calls.
–Courts should try to avoid “Non-essential” in person court proceedings to the extent
possible at least until April 1. Essential proceedings include, but are not limited to, criminal
magistration proceedings, CPS removal hearings, temporary restraining orders / temporary
injunctions, juvenile detention hearings, family violence protective orders, emergency
guardianship, and certain mental health proceedings. In addition, conducting a jail docket
for pleas and non-jury trials would also be considered an essential hearing. Also, child
custody issues in certain circumstances could be considered an essential hearing.
Individual judges can make the determination what constitutes an essential proceeding
under the circumstances.
The coordinator will be able to advise how the Court is handling each case and/or docket for the day and situation.
The goal is normalcy while following the guidelines as necessary.
If you are unsure, contact your attorney. If you do not have an attorney, contact Misty Lewis the District Court Coordinator, at 903-389-4836.
As of press time, there were no changes made to dockets.
Emergency Order for Texas Courts
“After Governor Abbott’s disaster proclamation entered earlier today, the Supreme Court and Court of Criminal Appeals have entered an emergency order modifying and suspending certain provisions related to court proceedings. The order that applies in all courts and to all case types is meant to provide courts with flexibility to delay or modify proceedings as necessary to address the disaster and states:
2.) Subject only to constitutional limitations, all courts in Texas may in any case, civil or criminal—and must to avoid risk to court staff, parties, attorneys, jurors, and the public—without a participant’s consent:
–Modify or suspend any and all deadlines and procedures, whether 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 but not limited to a party, attorney, witness, or court reporter, but not including 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;
–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.
- All courts in Texas may extend the statute of limitations in any civil case for a stated period ending no later than 30 days after the Governor’s state of disaster has been lifted.
- This Order is effective as of March 13, 2020, and expires May 8, 2020, unless extended by the Chief Justice of the Supreme Court.”
In essence, this states that the courts are legally allowed to make adjustments within basic parameters to protect the health of anyone that at any time could be inside the courtroom.
This is already in effect, and as of now will expire May 8, 2020.
Speak to your attorney if you have any questions or reach out to the court that your case is in to find out more information.
Additionally, Jails and Prisons in Texas are not allowing visitation during this outbreak.