L. R. Harris Cnty. Crim. Ct. 4

As amended through June 28, 2024

Rule 4 - INITIAL SETTINGS

4.1. First Settings

4.1.1. The first setting date of the case shall initially be known as the arraignment setting, and it shall be provided by the district clerk on all cases except those filed as non-arrests, where instead a capias is issued for the defendant. The clerk shall set first settings in the following manner:

4.1.2. Cases filed on Monday through Thursday shall be set for arraignment on the same day of the following week. Cases filed on Friday, Saturday, or Sunday shall be set for arraignment on the following Friday. An arraignment setting shall not affect statutory timelines for determining indigence or appointing counsel.

4.1.3. Non-arrest cases shall be set for arraignment in accordance with the above rules upon the filing of an executed capias.

4.1.4. A defendant released from custody on a personal bond under the conditions described in TEX. CODE CRIM. P. ANN. art. 17.033, will be set to appear in the court in which the case is pending no less than 72 hours after release, unless the defendant or defendant's counsel request an earlier time of appearance.

4.1.5. Cite and release cases shall be set for arraignment on the 3^rd Wednesday from the date the citation was issued. If the 3^rd Wednesday falls on a holiday, the case shall be set for arraignment on the 4^th Wednesday from the date the citation was issued.

4.1.6. The criminal law hearing officer ordering the defendant to be released shall, at the time the defendant signs a personal bond, order the defendant, in writing, to appear as provided above, and the hearing officer shall also direct personnel from the Pretrial Services Department to provide the defendant with written notice of the date, time and place that the court will be in session.

4.1.7. The hearing officer who orders the defendant's release shall immediately notify, by e-mail, the judge and the coordinator of the court in which the defendant is set, notifying them of the defendant's release and pending appearance in that court.

4.1.8. The district clerk shall enter the first setting at the time the complaint and information are filed. The setting information shall be reflected on the complaint document above the misdemeanor charge literal in a manner that will provide the setting information on all copies of the indictment, information, and complaint. Further, when a bond is filed with the district clerk, the district clerk shall provide written notice of the case's first setting date to the person filing the bond.

4.2. Probable Cause Hearings for Further Detention

4.2.1. Appearance Before A Criminal Law Hearing Officer

1.4.1.1. When the district clerk files an indictment, information, or complaint alleging the commission of a misdemeanor offense within the jurisdictional limits of a county criminal court at law and the defendant is in the custody of law enforcement officials in Harris County, the district clerk shall update the electronic records in the automated system to reflect that charges have been filed. Further, by general order of the judges of the county criminal courts at law, all law enforcement officials in Harris County shall cause the pretrial detainees in their respective custody, who have been charged with a class A or class B misdemeanor, to be delivered to the criminal law hearing officer not later than 24 hours after arrest for the purpose of conducting a hearing to determine probable cause for further detention. Personnel and electronic files, along with original and hard copy files, where appropriate, from the district attorney, district clerk, and Pretrial Services Department necessary to conduct the hearings shall be present and made available to the criminal law hearing officer. All detainees will be deemed to have been "taken before a judge or judicial officer" if they are physically present at the hearing, or if their participation is achieved by the use of high-speed, two-way audio/video transmission technology. In circumstances where audio/video technology is utilized, the entire hearing must be recorded and maintained by the court for a period of one hundred twenty (120) days after the hearing. A written record of the proceedings shall be made.

4.2.2. Representation by Counsel

4.2.2.1. Counsel may appear for a hearing under TEX. CODE CRIM. P. ANN. art. 15.17.

4.2.2.2. If counsel does not otherwise appear, the Harris County Public Defender shall represent for all purposes, in the interest of justice and absent any legal conflict, all defendants before a criminal law hearing officer, unless the arrestee executes a knowing and voluntary waiver of representation. The Public Defender's appointment under this provision does not extend beyond the conclusion of the Article 15.17 hearing. The Public Defender may delegate these duties to an Assistant Public Defender.

4.2.3. Hearing Actions

4.2.3.1. The criminal law hearing officer shall perform the following for every person for whom a hearing is conducted:

4.2.3.1.1. inform the accused in clear, understandable language, or through the use of an interpreter consistent with TEX. CODE CRIM. P. ANN. arts. 38.30 & 38.31, as appropriate, of the charges against him and of any complaint or information that may have been filed against him;

4.2.3.1.2. inform the accused of the accused's right to retain counsel; of the accused's right to remain silent; of the accused's right to have an attorney present during any interview with peace officers or prosecutors; of the accused's right to terminate police interrogation at any time; of the accused's right to request the appointment of counsel if the accused is indigent; inform the accused of the process for requesting an appointed attorney; ask the accused if the accused requests appointed counsel; and inform the accused that any statement the accused makes can and probably will be used against the accused at trial;

4.2.3.1.3. if the accused affirmatively requests appointed counsel, the judicial officer shall, if assistance is requested, instruct Pretrial Services Department personnel to assist the accused in completing the form. Pretrial Services Department personnel shall assist the accused in completing the form.

4.2.3.1.4. if the accused has not yet been interviewed, Pretrial Services Department personnel shall promptly conduct an interview;

4.2.3.1.5. record the fact that the accused does not request appointed counsel, if applicable;

4.2.3.1.6. immediately forward, or cause to be forwarded, a request for appointed counsel and any supporting documents to the judge of the court in which the case is pending;

4.2.3.1.7. determine whether probable cause exists for the further detention of the accused on the charges filed, through the use of live witness testimony, affidavits, the arresting officer's testimony, an analysis of the written offense report, field notes, or other reports prepared by the arresting officer, except in those cases where arrest was pursuant to the issuance of a warrant;

4.2.3.1.8. in cases involving the offense of stalking or family violence, determine whether a magistrate's order for emergency protection should be entered;

4.2.3.1.9. enter the basis and results of the findings on the record and have the same included in the papers of the case file maintained by the district clerk;

4.2.3.1.10. upon a finding that no probable cause for further detention exists, the criminal law hearing officer shall issue a signed order to the sheriff to immediately release the accused from custody in that case; and

4.2.3.1.11. upon a finding that probable cause for further detention exists, the criminal law hearing officer shall, after determining whether the accused is currently on bail for a separate criminal offense, set the amount of bail required of the accused for release and shall determine the eligibility of the accused for release on personal bond, cash bond, surety bond, or other alternative to the bail amounts, and shall issue a signed order remanding the defendant to the custody of the sheriff. A copy of such finding and return by the sheriff shall be retained by the district clerk in the case file.

4.2.3.1.12. Judicial officers taking an action as identified above shall direct the clerk to make appropriate entries into the automated system as the facts and law require, as set out below:

4.2.3.1.12.1. PC FOUND. Used when probable cause is found (i.e. on "to be" warrants, or when defendant is not present)

4.2.3.1.12.2. WARNS GIVEN. Used when the statutory warnings are given, PC has already been done.

4.2.3.1.12.3. PC/WARNS DONE. Used when the Judge/Magistrate does both.

4.2.4. Initial Bail

4.2.4.1. The initial bail amount for misdemeanor offenses occurring within the County Courts at Law's jurisdiction is regulated by Local Rule 9.2 and shall be referred to by the criminal law hearing officer. Bail amount for cases that fall under Local Rule 9.4.1-9.4.6 may be changed on motion of the court, the hearing officer, or any party subject to the following criteria:

4.2.4.1.1. the bail shall be sufficiently high to give reasonable assurance that the defendant will comply with the undertaking;

4.2.4.1.2. the nature of the offense for which probable cause has been found and the circumstances under which the offense was allegedly committed are to be considered, including both aggravating and mitigating factors for which there is reasonable ground to believe shown, if any;

4.2.4.1.3. the ability to make bail is to be regarded, and proof may be taken upon this point;

4.2.4.1.4. the future safety of the victim and the community may be considered, and if this is a factor, release to a third person should also be considered; and

4.2.4.1.5. the criminal law hearing officer shall also consider the employment history, residency, family affiliations, prior criminal record, previous court appearance performance, and any outstanding bonds of the accused.

4.2.4.2. Monitoring of Incarcerated Defendants

4.2.4.2.1. It shall be the responsibility of the courts' coordinators to monitor daily the status of each detainee still in custody to determine whether the detainee has appeared before the criminal law hearing officer for a detention hearing. If a detention hearing has not been held, the court will hold a hearing as set forth above. The court will also consider the issue of appointment of counsel where raised by the defendant.

4.3. Next Business Day Setting for Those Incarcerated In the Harris County Jail

4.3.1. The initial arraignment setting pursuant to Rule 4.1.2 shall be replaced with a bail review hearing setting for any arrestee who is in custody in the Harris County Jail. The arrestee shall appear before the court in which the case is pending on the business day following the booking date. Absent a waiver by the defendant and defense counsel, the court will review conditions of release, bail amount set, and personal bond decision and modify if good cause exists to do so. These hearings will be conducted at regular docket calls on Monday through Friday and the judge shall perform all necessary functions under the law (determining probable cause if necessary, performing an Article 15.17 proceeding if not previously done, assessing indigency and appointing counsel if appropriate, etc.). The defendant shall be docketed in accordance with the following schedule, and in such cases the initial seven-day setting shall be canceled.

Court Appearance Schedule
Date Booked		24-Hour Appearance
Sunday	0000-2400	Monday	0900
Monday	0000-2400	Tuesday	0900
Tuesday	0000-2400	Wednesday	0900
Wednesday	0000-2400	Thursday	0900
Thursday	0000-2400	Friday	0900
Friday	0000-2400	Monday	0900
Saturday	0000-2400	Monday	0900

4.3.2. At all other times (weekends, holidays, and nights), defendants booked into the county jail on any and all process pending in or issued out of the county criminal courts at law, shall be brought immediately before a criminal law hearing officer who shall determine if probable cause exists for the continued detention of the defendant.

4.4. Subsequent Settings

4.4.1. All subsequent settings of misdemeanor cases shall be the specific responsibility of the judge or coordinator of each of the county criminal courts at law, and in accordance with the court setting notification instructions provided in the O'Donnell Consent Decree. Furthermore, a notice of setting will be in writing and filed with the district clerk, or provide notice by entry on the court's docket sheets. That notice is to be used by the clerk for recording data in the automated system.

4.4.2. Bond Reinstatement

4.4.2.1. When a case is again active because of the reinstatement of a bond, either with or without cost, the district clerk shall enter a seven-day setting, except when a setting already exists in the system. When a setting already exists, the date in the system shall prevail as the next setting date.

4.4.3. Bench Warrants and Attachments

4.4.3.1. Such documents shall have a setting date in the body of the document and the district clerk shall set accordingly.

4.4.4. Summons in Lieu of Capias

4.4.4.1. When a misdemeanor information is filed against a corporation in, for example, a pollution case, the process issued shall be a summons rather than a capias. The summons shall require that the corporation make an appearance at 10:00 A.M. on the first Monday next following the expiration of twenty days from the date of service.

4.4.4.2. When a summons is used against a defendant in lieu of a capias in a misdemeanor information that is a re-file of an earlier-filed misdemeanor information, the appearance date on the newly filed case shall be set for the same date as the earlier filed case, except when the earlier filed case has no setting. In that event, both cases shall be set for seven days, and the setting in the re-filed case shall be for arraignment.

4.4.4.3. Neither a summons nor a capias may issue without a judicial finding of probable cause.

4.4.5. Notice of Appeal

4.4.5.1. The district clerk shall notify the court coordinator or judge of the court when a notice of appeal is filed in a case in which the court either has entered judgment or suspended the imposition of judgment. The court coordinator shall place the case on the court's docket as directed by the judge, or on the next regular business day. The court coordinator shall notify the defendant and the defendant's attorney-of-record of the setting.

4.4.6. Notice to Court When Appeal Bond Not Filed

4.4.6.1. When a defendant has given notice of appeal and an appeal bond has not been filed in the papers of the cause within forty-eight hours, a report shall be sent to the court apprising the court that an appeal bond has not been filed. Upon receiving such a report, the court shall notify the appellant/defendant's attorney. If the appellant/defendant has no attorney, the appellant/defendant shall appear before the court. If the appellant/defendant does not post an appeal bond, the court shall issue a capias for the appellant/defendant.

4.4.7. Mandate of Abatement

4.4.7.1. The district clerk and court coordinator shall notify the staff attorney for the county criminal courts at law upon receipt of a mandate or order of abatement. The court coordinator shall set a date from fourteen (14) to twenty one (21) days from the date of receipt of order or mandate. The coordinator shall notify the surety, the principal, and the attorney-of-record by certified mail.

4.4.8. Mandates of Affirmance and Reversal and Remand

4.4.8.1. The district clerk, upon receipt of an order or mandate, shall determine whether the defendant is in the Harris County jail. If the defendant is in jail, the case shall be set the next day court is convened. If the defendant is on bond, the district clerk shall immediately issue a capias for the defendant, provide a seven-day setting, and forward the information to the court coordinator. Immediately upon receipt of the information from the clerk, the court coordinator shall notify the attorney-of-record on appeal, the surety on the appeal bond, if one exists, and the appellant by regular mail. The court coordinator shall also attempt to notify the above parties by telephone.

4.4.9. Violation of Post Judgment Orders

4.4.9.1. The Sheriff shall bring any person arrested for violating a post judgment order issued by a Judge of a County Criminal Court at Law before a Criminal Law Hearing Officer. The Hearing Officer shall determine the identity of the person, and conduct a hearing on the reasons for the person's arrest and enter such orders as provided by law.

4.4.10. Petitions for Non-disclosure

4.4.10.1. In accordance with TEX. GOV'T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.

4.4.10.2. Petitions filed under this section will be set by the district clerk, upon collection of the filing fee for fourteen days from the date the petition is filed, or as ordered by the court.

L. R. Harris Cnty. Crim. Ct. 4

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