Judge Clint Davis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements5 rules
Prior to the commencement of any hearing or trial, all hard-copy exhibits must be fully pre-marked and placed on the corner of the first page.
Bring all exhibits to Court.
- Exhibits
Formatting
- •Bring all exhibits to Court
Exhibit Number: Sequential Arabic numbers only (e.g., Exhibit 1, Exhibit 2). Alphabetical letters are strictly prohibited unless jointly stipulated as Exhibit 1-(Alphabetic letter, i.e. A, B, C, D).
4. An attorney must have the ability to produce typed motions and orders;
Applications must be submitted in writing and retained according to the specified records-retention schedule.
Court's wording
4. Application. All applications must be submitted in writing and shall be maintained by the appointing authority or contracting authority in accordance with the Texas State Library and Archives Commission Retention Schedule for Local Records-Local Schedule GR.
Document Filing Requirements11 rules
Each exhibit must be labeled clearly and display the following information in legible print or typed text: Cause / Docket Number: Party Designation: [Petitioner / Respondent / Intervenor Exhibit Number:
This document will contain such information as may be necessary to make a determination of the accused’s ability to pay for an attorney.
If appointed counsel is requested, at the time of Magistration the accused will certify the accuracy of their affidavit for the purpose of determining eligibility for appointed counsel.
Attorneys on the appointment list must file an annual certificate documenting required CLE completion or submit proof of criminal-law specialist certification.
Court's wording
All attorneys on the appointment list must file a certificate with the County Court’s Indigent Defense Coordinator’s office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in criminal law.
An expense request must state the applicable investigation or expert type, supporting facts, and itemized anticipated expenses.
Court's wording
c) The request for expenses must state the below, as applicable: d) The type of investigation to be conducted or the type of expert to be retained; i. Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and ii. An itemized list of anticipated expenses for each investigation and/or each expert.
When the court finds a defendant has knowingly and voluntarily waived counsel, it must provide a statement substantially in the prescribed form, which must be filed in the record if signed.
Court's wording
If the court determines that the defendant understands the admonitions and that his right to counsel is voluntarily and intelligently waived, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings. “I have been admonished of the dangers of self-representation and advised this ___ day of ____, 2___, by the (name of court) Court of my right to representation by counsel in the case pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel. (signature of defendant)”
The attorney certification states that the voucher information is accurate and the claimed compensation and expenses were reasonable and necessary.
Court's wording
Attorney Certification - I, the undersigned attorney, certify that the above information is true and correct and in accordance with the laws of the State of Texas. The compensation and expenses claimed were reasonable and necessary to provide effective assistance of counsel.
Files with the Appointing Authority a complete, accurate sworn "Application for Felony Court-Appointments," including all required attachments;
Expense-approval requests must identify the investigation or expert, provide supporting facts, and itemize anticipated expenses for each investigator or expert.
Court's wording
Any requests for approval of expenses must state the type of investigation to be conducted or the type of expert witness to be retained, must set out specific facts that suggest the investigation will result in admissible evidence or that the services of an expert witness are reasonably necessary to assist in the preparation of a potential defense, and shall include an itemized list of anticipated expenses for each investigator and/or expert witness.
The Contract Attorney must file a pretrial request for advance payment of investigative or expert expenses, and may file it ex parte and confidentially.
Court's wording
The Contract Attorney shall file with the court a pretrial request for advance payment of investigative and/or expert witness expenses to investigate potential defenses. In the discretion of the Contract Attorney, this request may be filed as an ex parte confidential request.
An appointed attorney shall fill out and submit the approved fee voucher to the court for services rendered.
Filing & Service rules
Electronic Filing Rules
Do not email exhibits to the Court Reporter unless specifically instructed.
Do not email the exhibits to the Court Reporter unless specifically instructed to do so.
Civil cases
Page 1 | REGARDING THE MARKING AND FILING OF HARD COPY EXHIBITS
Exhibits must not be e-filed with the District Clerk before the hearing.
DO NOT e-file exhibits with the District Clerk prior to the hearing.
Civil cases
Page 1 | REGARDING THE MARKING AND FILING OF HARD COPY EXHIBITS
Filing Timing and Cure Windows
The Court or its designee must appoint counsel or deny the application within 72 hours after receiving it.
The Court or their designee shall, within 72 hours of receipt of the application, appoint or deny the request for court appointed counsel.
Criminal cases
Page 5 | II. RIGHT TO COUNSEL
For a defendant charged with a Class B misdemeanor or higher offense, the magistrate must order a Public Safety Report and have it provided as soon as practicable, no later than 48 hours after arrest.
The magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that: a) A Public Safety Report with respect to the defendant be prepared; and b) The Public Safety Report be provided to the magistrate as soon as practicable but not later than 48 hours after the defendant's arrest.
Criminal cases
Page 5 | III. B. Public Safety Reporting System
The magistrate must submit the specified bail form promptly and no later than 72 hours after bail is set.
Promptly but not later than 72 hours after the time bail is set, submit the bail form described by Section 72.038, Government Code, in accordance with that section.
Criminal cases
Page 6 | III. B. Public Safety Reporting System
An attorney must file a re-certification request between January 1 and January 31 each year to remain on the appointment list(s).
6. An attorney shall file a request for re-certification between January 1 and January 31 of each year to remain on the list(s);
Criminal cases
Page 13
A Verified Motion to Retain Case on Docket must be filed with the District Clerk at least seven days before the dismissal hearing to avoid dismissal.
If a Verified Motion to Retain Case on Docket is not filed with the District Clerk, at least seven days prior to the dismissal hearing, the case will be dismissed.
Civil cases · Court notice
Page 1 | NOTICE OF DISMISSAL DOCKET
If an objection is frivolous or lacks a sufficient factual or legal basis, the Court may sign the order without a hearing.
4. Should a written objection be filed, the Court retains discretion to sign the order without a hearing if it determines the objection is frivolous or lacks a sufficient factual or legal basis.
Civil cases
Page 1 | Court's 10-Day Letter Rule for Entry of Orders
If no written objection is filed within 10 days, the Court will presume the order is correct in form and substance.
2. If no written objection is filed within the 10-day period, the Court will presume that the order is correct as to both form and substance.
Civil cases
Page 1 | Court's 10-Day Letter Rule for Entry of Orders
A party may send a proposed order to all parties with a letter allowing 10 days from receipt to file a written objection with the Clerk's Office.
1. A party may submit a proposed order to all parties along with a letter notifying them that they have 10 days from receipt of the proposed order to file a written objection with the Clerk's Office.
Civil cases
Page 1 | Court's 10-Day Letter Rule for Entry of Orders
If no objection has been filed, the Court may sign the proposed order on the 11th day after receipt.
3. The Court has the authority to sign the order on the 11th day following receipt of the proposed order, provided no objections have been filed.
Civil cases
Page 1 | Court's 10-Day Letter Rule for Entry of Orders
If the Public Safety Report System is unavailable for more than 12 hours because of a technical failure at the Office of Court Administration, a magistrate may set bail for a defendant charged only with a misdemeanor without a Public Safety Report.
A magistrate may set bail for a defendant charged only with an offense punishable as a misdemeanor without ordering, preparing, or considering a public safety report if the Public Safety Report System is unavailable for longer than 12 hours due to a technical failure at the Office of Court Administration of the Texas Judicial System.
Criminal cases
Page 6 | III. B. Public Safety Reporting System
Filing Fees and Waivers
Private-pay ad litem fees must be paid before or at the hearing; the hearing will not proceed without payment unless the Court approved otherwise in advance.
All private-pay ad litem fees shall be paid either before, or at the time of, the hearing. No hearing will go forward unless this fee is paid, absent prior approval of the Court.
Civil cases
Page 1 | STANDING ORDER REGARDING AD LITEM FEES
Sealing & Redaction Procedures
Upon request, a denial of advance expenses must be explained in writing, attached to the confidential request, and submitted with the request as a sealed record exhibit.
If the court denies in whole or in part the request for expenses, the court shall upon request: i. State the reasons for the denial in writing; ii. Attach the denial to the confidential request; and iii. Submit the request and denial as a sealed exhibit to the record.
Criminal cases
Page 27 | C. Payment of Expenses
Adjournment & Extension Requirements
A setting cannot be adjourned or moved to another date without a court order.
Settings cannot be passed or moved to a different date without an Order of the Court.
Civil cases · Court notice
Page 1 | NOTICE OF DISMISSAL DOCKET