Maverick County Courts in Non-Compliance with State law since 2009
By: Jose G. Landa
An Exclusive Eagle Pass Business Journal News Story/Copyright 2013
All of the County of Maverick judicial courts including State District Courts, County Court, and Justice of the Peace Courts are in non-compliance with Texas law requiring that they provide monthly reports to the State of Texas Office of Court Administration according to a Maverick County Court Reporting Committee comprised of Maverick County District Clerk Irene Rodriguez, Maverick County Clerk Sara Montemayor, Justice of the Peace Jeannie Smith, and Assistant Maverick County Auditors Luis Rodriguez and Armando Gonzalez stated at a Maverick County Commissioners Court special meeting held on Monday, June 10, 2013, stunning the legal community and citizens of Maverick County, Texas.
During the June 10th Committee presentation to Maverick County Commissioners Court, the Committee spokesperson Assistant Maverick County Auditor Luis Rodriguez stated that the current Court Reporting System is antiquated and does not meet the standards required by State law to properly maintain and report the monthly court reports to the Texas Office of Court Administration, which requires newer technology and reporting requirements. The current Maverick County Court Reporting System is 15 years old and the original company that developed the program no longer supports the antiquated court reporting program utilized by Maverick County. “It is so outdated that the company who manages it is no longer supporting this very system,” said Luis Rodriguez. The software currently used by Maverick County does not support newer technological updates performed by the State of Texas. “This is one of the main reasons why we have had difficulties and have not come through with State reporting,” added Luis Rodriguez.
As a result of Maverick County’s non-compliance with the State’s monthly court reporting system, the proper function of the Maverick County Adult and Juvenile Probation Department, District Attorney’s Office, District Court, County Court, and the Justice of the Peace Courts may be affected according to Committee members. Maverick County’s non-compliance may also result in Maverick County losing state grants to these judicial and legal entities according to Luis Rodriguez.
“We have not been able to submit the Office of Court Administration reports since 2009 in part for being behind payment of service of the maintenance and support fees. Tyler Technology (current provider) would not support us and would not help with preparing the reports to submit to the Office of Court Administration because of non-payment issues,” said Maverick County Clerk Sara Montemayor.
“The Office of Court Administration reports are the most important reports that we have to file with the State. Every case that is filed in our Courts needs to be reported to the State on a monthly basis,” added County Clerk Montemayor.
The State of Texas Office of Court Administration has granted an extension to Maverick County to file the inadequate and non-complying monthly court reports despite their material deficiencies with State law monthly court reporting requirements and has ordered Maverick County to become in full compliance with state law by no later than October of 2013.
The Maverick County Court Reporting Committee informed Maverick County Commissioners Court that they have identified a computer software and company whose proposal will allow Maverick County courts to comply with the State law requiring monthly court reports from each court within the county, but it will cost a significant amount.
Maverick County Judge David Saucedo noted that the necessary funds to obtain the new software program and support be apportioned by various departments so that the Maverick County General Fund not carry the entire burden of the cost of the new program.
Maverick County Clerk Sara Montemayor replied that she was under the impression that the funds were previously available from collection of various fees by the courts, district clerk’s office, and county clerk’s office, however, these collected funds had been allocated and/or transferred to the Maverick County General Fund and were no longer available for their intended purpose.
In light of all Maverick County judicial courts being in non-compliance with the State of Texas Office of Court Administration monthly court reports and the approaching October of 2013 deadline given to Maverick County, Maverick County Commissioners Court approved that Maverick County enter negotiations with Property Info Systems to obtain the necessary software and support program to bring the County’s judicial courts in compliance with State law requiring monthly court reports.