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Court Rules
Judge

Judge David Counts

Individual Rules, Standing Orders & Policies

Rules last changed:
Western District of Texas
Filters:

Document Filing Requirements3 rules

Filing RequirementsMandatoryCriminal cases

Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

Court's wording

Therefore, any letter written to substantiate acceptance of responsibility in a criminal case in these divisions must, at a minimum: 1. fully address the defendant's conduct related to the counts(s) of conviction; 2. follow the acceptance of responsibility guideline in every particular; and 3. be provided to the probation officer within thirty (30) days from the date of the defendant's guilty plea.

Standing-Order-On-Acceptance-Of-Responsibibility · Nov 2018 · p. 1
|SectionSTANDING ORDER ON ACCEPTANCE OF RESPONSIBILITY
Filing RequirementsMandatory

A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

Document
Motion for continuance

Must include

  • Certificate of conference

Court's wording

Motions for continuances filed in the U.S. District Court for the Midland/Odessa and Pecos Divisions of the Western District of Texas must include a Certificate of Conference stating that all parties have conferred. The Certificate of Conference shall state each party's position regarding the motion.

Standing-Order-On-Certificate-Of-Conference-In-Motions-For-Continuance · Nov 2018 · p. 1
|SectionStanding Order on Certificate of Conference in Motions for Continuance
Filing RequirementsImportantCriminal cases

Acceptance of responsibility will not be awarded unless the requirements of this Order are followed, and then at the discretion of the Court.

Standing-Order-On-Acceptance-Of-Responsibibility · Nov 2018 · p. 1
|SectionSTANDING ORDER ON ACCEPTANCE OF RESPONSIBILITY

Filing & Service rules

Chambers Communication Rules

Photographing, recording, broadcasting, or televising prohibited without court authorization

The photographing, recording, broadcasting or televising of any person, object, or proceeding inside the United States Courthouse (Midland, Pecos, and Alpine) IS not permitted, unless authorized by the Court.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Violations result in removal, fines, and forfeiture of devices

Anyone violating this Order is subject to removal from the United States Courthouse, being fined for disobedience of this Order, and having the electronic device(s) forfeited to the United States Marshals Service.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Only attorneys and associates may bring electronic devices into courthouse

At the discretion of the Court, only attorneys and accompanying associates may bring cellular telephones and other electronic devices into the United States Courthouse (200 E. Wall Street, Midland, Texas; 410 S. Cedar, Pecos, Texas; and 2450 N. Highway 118, Alpine, Texas). No other individuals are permitted this privilege.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Cell phones must be turned off in courtrooms

Cellular telephones must be turned off while inside any courtroom.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Cell phones may be used outside courtroom if reasonable and non-disruptive

Cellular telephones may be used outside the courtroom provided they are used in a reasonable and non-disruptive manner.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

About United States District Judge David Counts

U.S. District Judge David Counts was appointed to the Western District of Texas by President Donald Trump in 2018.

Judge Counts served previously as a U.S. Magistrate Judge in the Western District of Texas from 2009 to 2018, and as an Assistant U.S. Attorney in the Western District of Texas from 1995 to 2009. He served in the Texas National Guard as a Judge Advocate, including a deployment to Afghanistan with Operation Enduring Freedom from 2004 to 2006, and served as State Judge Advocate from 2007 to 2019.

Education

  • St. Mary's University School of Law, J.D., 1986
  • Texas Tech University, B.A., 1983

Career

  • U.S. District Judge, Western District of Texas (2018–present)
  • U.S. Magistrate Judge, Western District of Texas (2009–2018)
  • Assistant U.S. Attorney, Western District of Texas (1995–2009)
  • Assistant District Attorney, Travis County (1987–1990, 1991–1995)
  • Private practice (1990–1991)
  • Associate, Martin, Cox, Greenberg & Jones (1986–1987)
  • Texas National Guard, Judge Advocate / State Judge Advocate (1989–2019)
  • U.S. Army, Operation Enduring Freedom, Afghanistan (2004–2006)

Courthouse: 200 East Wall, Midland, TX 79701

Chambers Staff

  • Courtroom Deputy: Ms. Cristina Lerma, (432) 685-0350
Common questions about Judge David Counts's rules

What must be included with letter filings before Judge David Counts?

Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

View ruleSource: page 1, section STANDING ORDER ON ACCEPTANCE OF RESPONSIBILITY

What must be included with motion for continuance filings before Judge David Counts?

The rule requires certificate of conference. A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

View ruleSource: page 1, section Standing Order on Certificate of Conference in Motions for Continuance

How may parties contact Judge David Counts' chambers?

Cell phones must be turned off in courtrooms

View ruleSource: page 1, section ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES
Complete rules summary for Judge David Counts

Cell phones may be used outside courtroom if reasonable and non-disruptive

Cell phones must be turned off in courtrooms

Violations result in removal, fines, and forfeiture of devices

Only attorneys and associates may bring electronic devices into courthouse

Photographing, recording, broadcasting, or televising prohibited without court authorization

Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

Acceptance of responsibility is not awarded unless the Order’s requirements are followed, and any award remains within the Court’s discretion.

A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

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