Judge Mike L. Smith
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Communication
Chambers
Document Format Requirements1 rule
All audio and video exhibits must be saved in a usable format and named accordingly.
- Audio exhibit
- Video exhibit
Formatting
- •Save in a usable format
- •Name accordingly
Document Filing Requirements14 rules
Parties must appear in person unless the court grants a virtual-appearance request; in exigent circumstances, the attorney must file a motion/order at least 3 days before the hearing or as soon as the emergency need becomes known.
Court's wording
Parties must appear in person. If there are exigent circumstances and an attorney is requesting that a party appear virtually, they must file a motion/order for virtual appearance no less than 3 days prior to the hearing, or as soon as the emergency need becomes known. These requests will be considered on a case-by-case basis and unless granted by the Court, please have your client present in person.
Witnesses: The Court will accommodate out-of-town and/or professional witnesses when practicable. If a party knows of a request for a witness to appear virtually, they must file a motion and order for virtual appearance no less than 3 days prior to the setting. Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.
An Agreed order must be signed by all the parties and attorneys. If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.”
These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.
IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.
After the stated three-month placement circumstances, the assigned DFPS placement worker or 2Ingage placement specialist must provide the Court a written report with the specified placement-effort information.
Court's wording
IT IS ORDERED that if a child has not been placed in their home county or within 150 miles of the Courthouse of their home county and is not in a relative/fictive kin or adoptive home after a period of three (3) months—DFPS placement or the 2Ingage "placement specialist" assigned to the child shall provide a written report to the Court that includes the following information: 1)
For an emergency placement, caregiver, or respite-status change, DFPS/2Ingage/CPA must file an Advisement with the stated information within 24 hours after the change.
Court's wording
It is ordered that DFPS/2Ingage/CPA shall file an Advisement with the Court of any emergency change in placement, caregiver, or respite status within 24 hours after the change. This report shall include the following: 1) the reason for the change; 2) when the CPA/Dept/2Ingage were notified of the necessity for the change: 3) if the child will be returning to the prior placement and the date of that occurrence.
DFPS/2Ingage must file an Advisement describing placement efforts with the Court within 24 hours of placement.
Court's wording
IT IS ORDERED that DFPS/2Ingage shall file a written report (hereafter "Advisement") to the Court of the attempts to achieve placement within the above region. IT IS ORDERED that this report shall be filed with the Court within the 24 hours of placement.
what placements were contacted; 2) what person with personal knowledge of the child contacted the placements; and 3) the response from the placement. Emails or fax contact attempts will not be considered as complying with this requirement.
An advisement containing the specified consent-validity and informed-consent information must be filed with the court immediately.
Court's wording
**IT IS ORDERED** that an advisement shall immediately be filed with the court that includes the following information (TFC §266.0042, 264.018): The validity of the consent. Medical consent to giving a psychotropic medication is valid only if: - It is given voluntarily and without undue influence and - The consenter receives information (given verbally or in writing) describing: - The specific condition to be treated. - The beneficial effects on that condition expected from the medication. - The probable health and mental health consequences of not consenting to the medication. - The probable clinically significant side effects and risks associated with the medication. - *The generally accepted alternative medications and non-pharmacological interventions to the medication*, if any, and - The reasons for the proposed course of treatment
Please submit your vacation letters in January and July. If you are taking vacation in January, submit that time in the previous July notice, if you are taking time in July, please submit that time in the previous January letter. While we understand that unexpected events may happen and require an absence, things such as the Family Law Conference, Holiday travel, and scheduled events should be accounted for in these letters. This court will make every effort to honor those vacation letters and not schedule your hearings during those times.
Unless as directed by the Texas Family Code, the Court does not take written reports in lieu of appearances on a regular basis. They are accepted for good cause when the emergency need arises, it has been expressed to the court, and the report contains the information needed to ascertain whether or not the child/children are having their needs met. A standard form stating you have met with the child and complied with the code is not enough.
The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.
Please file a notice requesting the meeting so that the court coordinator can arrange. When filing, please include relevant information like school, therapy, or appointment conflicts.
Filing & Service rules
Filing Timing and Cure Windows
An Advisement about an emergency placement, caregiver, or respite-status change must be filed within 24 hours after the change.
It is ordered that DFPS/2Ingage/CPA shall file an Advisement with the Court of any emergency change in placement, caregiver, or respite status within 24 hours after the change.
Page 5 | Placement of Children in Care
The Advisement must be filed with the Court within 24 hours of placement.
IT IS ORDERED that DFPS/2Ingage shall file a written report (hereafter "Advisement") to the Court of the attempts to achieve placement within the above region. IT IS ORDERED that this report shall be filed with the Court within the 24 hours of placement.
Page 5 | Placement of Children in Care
Service and Proof of Service Rules
DFPS/2Ingage must notify the parent and the parent’s attorney of significant events within 48 hours of learning of them.
DFPS/2Ingage must provide notice to the parent and parents attorney within 48 hours of knowledge of any significant events (TFC § 264.018(f) and (g)).
Page 5 | Placement of Children in Care
DFPS/2Ingage must notify the party’s or child’s attorney of the listed events and give at least 48 hours’ advance notice of a residential treatment program change.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the party or child of any placement change, significant change in medical condition, enrollment or participation in a drug trial program, the initial prescription of a psychotropic medication and at least 48 hours in advance of a change in residential treatment program (TFC § 264.018 (d) and (e)).
Page 5 | Placement of Children in Care
DFPS/2Ingage must notify the child’s attorney in writing before relevant decisions or actions, unless circumstances are exigent; email should be used when possible.
IT IS ORDERED that DFPS/2Ingage shall notify the attorney for the child of any and all significant changes with the child, medical interventions, medications, placement issues, diagnostic testing and/or other issues which pertain to any decision made for the “best interest” of the child prior to the decision and/or action unless exigent. This notification must be provided in writing, via email when possible.
Page 6 | Placement of Children in Care
The caregiver or child placing agency must notify DFPS/2Ingage and the Court within two business days after any medication is prescribed for a child.
**IT IS ORDERED** that any child that is placed on medication (of any kind) the caregiver or child placing agency must notify DFPS/2Ingage and the Court within two (2) business days of the medication prescription. This notification requirement applies to parents and all placements including fictive kin, relative or respite caregivers and includes any medication.
Page 7 | Placement of Children in Care
Adjournment & Extension Requirements
Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Motions for continuance should be written, include reasoning, and be filed with the court no later than 3 days prior to any need (or as soon as you become aware of the conflict) for unplanned/unaccounted for vacation time.
Page 1 | Vacation letters
Continuances within the 12-month deadline may be agreed to, subject to the court’s schedule; a continuance extending beyond the original deadline requires a hearing and extraordinary findings, and must be accompanied by a motion for extension.
Continuances requested inside the 12 month deadline can be agreed and will be accommodated as the court’s scheduling allows. The difference is whether the continuance would require an extension beyond the original deadline, those will require a hearing as it will require those extraordinary findings, and a motion for extension should accompany the continuance request.
Page 3 | Agreed Orders
The parties cannot agree to or mediate an extension beyond the allotted 12 months; such an extension requires a court finding of extraordinary circumstances and a hearing.
Additionally, according to the Family Code – the parties cannot “agree” to (or mediate) an extension. Any extension of time over the allotted 12 months requires the Court to make a finding of “extraordinary circumstances” and will require a hearing.
Page 3 | Agreed Orders
A request for an extension requires a motion and/or order for hearing before the Court considers it.
IT IS ORDERED that the following situations require a motion and/or order for hearing on the matter prior to consideration by the Court; or an advisement by the Department upon the event occurrence: 2. Requests for Extensions (TFC§ 264.401(b-3)) M/O;
Page 9 | Motions, Hearings and Advisements
A request for continuance requires a motion and/or order for hearing before the Court considers it.
IT IS ORDERED that the following situations require a motion and/or order for hearing on the matter prior to consideration by the Court; or an advisement by the Department upon the event occurrence: 1. Requests for Continuance (TRCP 251) M/O;
Page 9 | Motions, Hearings and Advisements
Chambers Communication Rules
Witness and exhibit lists must be emailed to all parties, the court coordinator, and the court reporter by noon three days before the proceeding or as soon as they are available.
IT IS ORDERED that any offer of witnesses or exhibits during the court proceeding, requires an email with the list to all parties, the court coordinator Mandy Archer, mandy.archer@txcourts.gov and the court reporter April Drake, april.drake@co.tom-green.tx.us by noon three days before the court proceeding or as soon as they are available.
Page 3 | Submission of Witnesses/Evidence and Notice Thereof
The Court will not meet ex parte about case-specific information; a meeting about a particular case must include all parties’ attorneys and be scheduled with Ms. Archer.
Please note that the Court cannot meet with you ex parte for any case specific information. If there is concern about a particular case, please schedule a meeting including all the party's attorneys with Ms. Archer.
Page 4 | Meeting with attorneys
A party wishing to test courtroom audio or visual equipment must contact the bailiff before the hearing day; testing will be scheduled outside hearing hours.
Those parties wishing to practice or test audio or visual equipment in the Courtroom must contact the bailiff prior to the day of the hearing and a time will be provided outside of hearing hours for said party to test the equipment and evidence.
Page 4 | Submission of Witnesses/Evidence and Notice Thereof