L. R. Harris Cnty. Crim. Ct. 25

As amended through June 28, 2024

Rule 25 - DISASTER PLAN

See TEX. GOV'T CODE ANN. § 74.093(c)(2).

25.1. It is the intention of the Judges of these courts to establish a coordinated response for the transaction of essential judicial functions in the event of a disaster.

25.2. DEFINITIONS

25.2.1. As used herein, the following terms and phrases shall have the following meanings:

25.2.1.1. Criminal Law Hearing Officer means a judicial officer created by Chapter 54, Subchapter L of the Texas Government Code (§§ 54.851 et seq.)

25.2.1.2. Defendant means a person detained, arrested, or otherwise in the custody of a law enforcement agency for a misdemeanor offense.

25.2.1.3. Judge or judges means a Judge of a Harris County Criminal Court at Law.

25.2.1.4. Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action, or energy emergency" as provided by Section 418.004, Texas Government Code.

25.2.1.5. Quorum vote means two-thirds of the judges of these courts.

25.2.1.6. Presiding Judge means the presiding judge of these courts.

25.3. MODIFICATION OR SUSPENSION OF THESE RULES DURING A DISASTER

25.3.1. Judicial Action

25.3.1.1. The Judges by quorum vote may modify or suspend one or more of these rules during the pendency of the disaster declared by the governor.

25.3.1.2. An order under this provision shall:

25.3.1.2.1. extend for not more than 30 days from the date the order is signed unless renewed; and.

25.3.1.2.2. be consistent with other law.

25.3.2. Lack of a Majority

25.3.2.1. If a disaster prevents the judges from immediately acting as provided above, the Presiding Judge may act on their behalf.

25.3.2.2. If a disaster prevents the presiding judge from acting under this rule, the copresiding judge may act on their behalf.

25.4. INCLEMENT WEATHER POLICY

25.4.1. The County Criminal Courts at Law Inclement Weather policy, specifically states, "If Houston Independent School District cancels classes, then all bond matters in the County Criminal Courts at Law will be cancelled on the days classes are cancelled. Jail cases and/or emergency matters may still be handled either via zoom or in person. Should the HISD closure last more than seven (7) days, the County Criminal Courts at Law will communicate an alternate schedule on its website at https://www.ccl.hctx.net/criminal/ . An individual County Court at Law Judge may opt out of this portion of the protocol by providing the Office of Court Management with written notice of the Court's decision and by publishing the individual Court's schedule on the County website. Please contact the individual court for new court dates, further instructions, and/or questions.

L. R. Harris Cnty. Crim. Ct. 25

As amended through 10/22/2021; as amended through 12/9/2022.