New Family Court for Montgomery County, Texas

During the most recent legislative session in Austin, lawmakers approved a bill creating a new family district court to serve citizens of Montgomery County, Texas (Conroe and Magnolia areas). 

The new district court -- the 418th -- will serve as the primary family law court in the county.  Since family cases comprise approximately 60% of all new civil court filings, this will be a welcome relief to citizens of Montgomery County. 

For more information on potential judicial appointments to 418th's bench, see the story published in The Conroe Courier earlier this month. 

The Future of the Harris County Family Law Center

On November 6th, Harris County citizens have the opportunity to vote on many important issues.  One that I wish to bring to your attention is Proposition No. 5, regarding a bond to fund construction of a new family law courthouse. 

Trey Yates, Chair of the Houston Bar Association Family Law Section  wrote an outstanding summary of the issue to the members of the Houston Bar Association, which I include below.  I urge you to vote on November 6th. 

            On November 6, the citizens of this county will have the opportunity to vote on several bond proposals, one of which concerns the funding of a new Harris County Family Law Center. I urge you to support the passage of the Harris County bond issue, Proposition No. 5.

            The approval of this bond will ensure that Harris County families are no longer forced to resolve family law issues in an overcrowded, outdated and unsafe facility. Virtually every person in this city has been or will be affected, directly or indirectly, by a family dispute resolved in our Family Law court system. The current Harris County Family Law building was completed in 1969 and originally housed three family law courts. Today the same building has nine family district courts each with an elected family law Judge, an associate Judge and a court staff; plus four additional courts each containing judges who handle attorney general child support cases plus a court staff. These judges serve approximately 120,000 litigants per year (1 ½ times the number of Harris County civil courthouse filings and 10,000 more cases per year than the criminal courts). A review of various options determined that remodeling the facility would not be cost-effective due to the inefficient design of the current facility.

            Today, attorneys and their clients must discuss complex and confidential case issues in crowded hallways without any privacy, and anyone can access nearly any current or past family case file. Victims of family violence are forced to stand unprotected and in close vicinity to the perpetrators of the violence. In a full courtroom, the victims are seated across a small aisle from their perpetrators, with one bailiff to control a crowded courtroom. Children, while testifying, must face their parents in an adversarial environment.

            A new facility would provide the citizens of this county with an updated, state of the art building which will offer the necessary services under one roof, impossible in the current structure. The new facility would have separate entrances for domestic violence victims; improved security; conference rooms to ensure privacy; immediate testing facilities for drug and alcohol testing; separate rooms to allow video testimony by children in a less intimidating environment; and offices for the Harris County Domestic Relations office which offers free court ordered mediations as well as investigations and preparation of social studies in contested custody matters; along with other support facilities. Although these services are currently available to families, they are in separate facilities, making access difficult and more expensive. The new facility will bring these services under one roof, allowing for an efficient and cost effective utilization of services.                                

            Voting “FOR” the Harris County bond issue Proposition 5 on November 6, 2007 will ensure that the current, outdated and sub-par facility is replaced by a new Harris County Family Law Center which is cost-efficient and safer. As with the other Harris County bond issues, there will be no tax increase associated with this bond issue. I urge your support of Proposition 5.

Sincerely,

Sam M. (Trey) Yates, III

Chair, Houston Bar Association Family Law Section

How to Tick-Off a Family Law Judge

One of the quickest ways to anger a family law judge is to bring a child into the courtroom without express permission. I’ve seen it happen at the Harris County Family Law Center on several occasions, and the result is always the same. The party who brought the child to court receives a stern “talking-to” from the bench. Though family law often revolves around children and children’s issues, the rule of thumb is to NEVER bring a child to court or into the court room unless expressly instructed to do so by the judge or your attorney. 

There are many good reasons for this. First, children who are school aged should be attending school – not missing school to attend court. Second, divorce and other family matters involve high conflict, which is better left for the adults and not for children to experience at court. Third, court is an intimidating place even for adults. Imagine how a child would feel coming to a strange place where people he/she does not know will make decisions about the most personal parts of the his/her life.  Finally, the subjects discussed in family court are sometimes rated PG-13, R, and at times X! Such topics (and language) are not appropriate for children of any age.

Obviously, there are exceptions to the general rule of thumb, such as when the judge wishes to interview the child in chambers, or during a final hearing in an adoption case. These are times when the judge wants input from the child, and the court staff makes special arrangements to ensure the child will have a good experience in court. 

The Houston-area family law judges are not mean people. They are charged with protecting the best interests of children in family cases, and to carry out this duty, the policies about bringing children to court must be strict. Rely on your attorney to provide direction on this. If you are a pro se litigant, then call the court clerk or coordinator to ask about the court’s policies concerning the presence of children. 

Guidelines for Testifying In Court

Being called to court to testify, whether you are a party or a collateral witness, is an intimidating experience.  However, some simple rules will make the experience better.

  1. ALWAYS tell the truth
  2. Listen carefully to the question
  3. Do not rush to answer the question -- if you don't understand, ask the attorney rephrase it
  4. If you forget the question, ask that the attorney repeat it
  5. Be precise in your answers and do not exaggerate
  6. Answer orally and loud enough for the court and court reporter to hear
  7. Do not argue with the opposing attorney
  8. Ignore the demeanor, facial expressions and tone of voice of opposing counsel

Courtroom Fashion - What NOT to Wear

I spend many work days at the Harris County Family Law Center in Houston, Texas. Even though few things shock me, I am continually irritated by what litigants and even some attorneys wear to court! A court of law, along with the judge, jurors, court personnel, attorneys, and other litigants, are entitled to respect; part of showing respect for the court is dressing appropriately. This does not mean a person has to be rich or spend lots of money. My grandmother always told me “As long as you’re clean and dressed in your Sunday best, you should never be ashamed to go anywhere.” This common sense approach will go a long way to making a good presentation to the court.  

What one wears makes a statement about who he/she is. Remember that a judge and/or jury will make very important decisions about the life of a family law litigant. One can never go wrong wearing professional business attire such as a suit. If a suit is not in the wardrobe, then consider a collared shirt, slacks, skirt, or nice dress. Things one should NEVER wear to court include, but are not limited to: jeans, mini skirts, shorts, tube tops, halter tops, t-shirts, sweat pants, hats, and flip flops. 

A wise attorney once told me that criminals have a constitutional right to wear nice clothes to court, so shouldn’t civil clients do the same!