Jackie Miller, Jr

40th District Court Scheduling Order (Non-Jury Bench Trial) (rev. Sept. 15, 2025)

The 40th's standard civil bench-trial scheduling order (template revised Sept. 15, 2025): instead of a final pretrial hearing, counsel must e-file a final-pretrial package by the specified date — witness list, exhibit list, a concise statement of significant issues, and a DETAILED set of Findings of Fact & Conclusions of Law; the same paper-discovery, deposition, responsible-third-party, joinder, amended-pleading, expert-designation, and named-mediator requirements as the jury version — with the court's note that summary-judgment motions are DISCOURAGED in cases proceeding to a non-jury bench trial.

Standing Order Applicable to Delinquent Tax Collection Cases, No. CIV-40-001 (40th Dist. Ct., Ellis Cty., signed Nov. 12, 2021) (TOPICs reg. doc 629)

Standing order in every delinquent tax collection case in the 40th District Court (which holds all Ellis County tax delinquencies under the Court Rules of Administration): compliance with TRCP 194.1's automatic-disclosure requirements is WAIVED for taxing entities and their attorneys — the court found the compliance expense "greatly outweigh[s] any negligible benefit" and that everything needed to defend a Property Tax Code Subtitle E, Chapters 31–34 suit is in the pleadings and public records — but any party served with a party-initiated discovery request must still answer it fully under the TRCP.

2025 Accused's Instructions Regarding Court-Appointed Attorney for Felony Cases in the 443rd District Court

The instructions given to every defendant with appointed counsel in the 443rd's felony cases (at appointment or first announcement, per the court's rules): repayment exposure for appointed-counsel costs (including as a community-supervision condition); how appointment notice flows; the duty to contact the Indigent Defense Coordinator after posting bond; substitution requiring a motion signed by both attorneys before appointed counsel is released; the allocation of decisions (plea, jury waiver, testifying belong to the defendant; motions must be filed by counsel — no pro se filings while represented); scope and confidentiality limits; and the rule that dissatisfaction alone does not entitle a defendant to new counsel.

443rd District Court Felony Bond Conditions (eff. March 2025; filed Mar. 20, 2025)

The 443rd's standard felony bond conditions, entered by the clerk with the Standing Discovery and Pretrial Order when the indictment is filed: no new offenses; no controlled substances, alcohol, firearms, or ANY THC product (including over-the-counter and prescription products); ignition interlock with camera (or in-home deep-lung device) for alcohol-related felony charges with full monitoring compliance; discretionary drug/breath testing; no contact with victims plus 1,000-foot stay-away zones (and child-gathering-place zones for child sex charges); no co-actor contact; timely appearance at all noticed hearings; continuation of magistrate-set conditions — with violation exposing the defendant to bond revocation and an arrest warrant without further notice.

443rd District Court Instructions, Rules, and Procedures (rev. Jan. 15, 2026)

The 443rd District Court's comprehensive criminal-practice rules (revised Jan. 15, 2026, Judge Grace Pandithurai), applying "in every criminal case" in the court: attorney conduct and 30-day vacation letters; the three-announcement setting structure (first announcement 3 weeks after indictment for in-custody cases, ~40 days otherwise; second-announcement appearance waivable by e-filed waiver 2 business days ahead); the Standing Discovery and Pretrial Order and Conditions of Bond entered by the clerk at indictment; evidentiary motions due 10 business days before pretrial conference (duplicates of the standing order denied); plea timing; two-setting revocation/adjudication track; decorum, attire, refreshment, and a cell-phone/electronics policy that bans recording-capable smart glasses; a certificate-of-conference regime under which the coordinator sets certified motions for hearing; unilateral continuances requiring a contingent appearance date; 30-day suppression-hearing timing; voir dire time limits (45–60 minutes; 1:15 for child-abuse, multi-defense, causation, or death cases) and content restrictions; juror-card confidentiality; witness-readiness and bench-conference record rules.

Standing Discovery and Pretrial Order for Criminal Cases (443rd Dist. Ct., Ellis Cty., filed Mar. 20, 2025)

The 443rd's standing discovery order entered by the clerk in every criminal case at indictment: State production within 10 business days after first announcement (reports, statements, warrants, expert/lab/autopsy reports, records, Brady material), continuing Art. 39.14 supplementation, 404(b)/609/38.37 notice 10 days before trial, witness list on jury-selection day, jail calls, certified judgments, physical-evidence inspection, leniency promises 10 days out, and expert (TRE 702/703/705) disclosures in writing by the 20th day before jury selection for BOTH sides; mutual limine lists (11 State topics, 9 defense topics) that cannot be mentioned before the jury without a ruling; a ban on duplicative discovery motions (conflicting motions may be overruled without hearing; particularized motions require a certificate of conference); and a written discovery log from both sides before trial. Supersedes any prior discovery order of the court, including the Jan. 1, 2023 edition.

Court Policy on In Person/WebEx Hearings as of November 3, 2023 (Ellis Cty. Ct. at Law No. 1)

CCL No. 1's hearing-format policy: all matters returned to in-person hearings for all counsel, parties, and witnesses — with exactly three WebEx exceptions (a non-party witness residing or served with a subpoena more than 150 miles from Ellis County; a person with a doctor's letter stating a medical issue necessitates remote appearance; ALL mental-health proceedings), remote appearance remaining subject to objection under CPRC § 30.012, and a 72-hour advance contact with the court coordinator to obtain a WebEx link when an exception applies.

Information Letter for Eviction Appeals from Justice Court (Ellis Cty. Ct. at Law No. 1)

CCL No. 1's procedures for eviction appeals from the JP courts (the court that hears Ellis County's JP civil appeals): trial de novo — nothing from the JP trial carries up; the Texas Rules of Evidence apply and the official court reporter makes a record; entities must appear through counsel except the statutory multifamily nonpayment-of-rent exception, which requires a WRITTEN agent designation filed when the trial setting is requested; the case is set for trial within 21 days of docketing with the County Clerk; and if both parties fail to appear, the appeal is dismissed and bond/rent funds on deposit are paid to the property owner.

Public Notice & Court Order (Ellis Cty. Ct. at Law No. 2 — courtroom decorum)

CCL No. 2's standing decorum order: open courts with limited exceptions; a complete ban on photographic, audio, or video recording while court is in session (cell phones silent, no courtroom phone conversations without approval, no selfies — attorneys may quietly use laptops and check email/texts); an enumerated dress code; no food or drink without approval; courtesy and conduct requirements including a ban on distributing flyers or materials without consent — with violations exposing a person to fine, jail, device confiscation, contempt, or exclusion from the courtroom.

WebEx Plea Procedures for Time Served or Fine Only Offenses (Ellis Cty. Ct. at Law No. 2, rev. May 21, 2020)

CCL No. 2's court-approved remote-plea protocol for time-served or fine-only misdemeanor resolutions, run through the DA's Adobe e-signature packet: an 18-step sequence from defense-DA agreement through document assembly, defendant e-signature, in-person fingerprinting at the Courts Building security station, DA final signature, coordinator review, and a scheduled WebEx video plea — with the scheduling deadline of 11:30 a.m. the day before the hearing and no hearing scheduled until the coordinator has every document.

Court Rules of Administration for Ellis County, Texas, eff. Dec. 1, 2025 (filed Oct. 7, 2025; TOPICs reg. doc 2654)

The county-wide Court Rules of Administration adopted by unanimous vote of the Ellis County district and statutory county court judges (signed Oct. 7, 2025; effective Dec. 1, 2025; superseding the Nov. 15, 2022 edition): the complete docket-assignment map for the 40th, 378th, 443rd, and 504th District Courts and County Courts at Law Nos. 1–3 — which court takes civil, family, juvenile, felony, misdemeanor, probate, mental-health, appeal, occupational-license, expunction, and warrant work — plus the bench-exchange, transfer, and recusal mechanics that route Motions to Recuse to the Presiding Judge of the First Administrative Judicial Region, and the rule that all family-law and juvenile cases are filed with the District Clerk.

Amended Order Establishing Court Appointed Attorney Fee Schedule (Ellis Cty. Dist. Cts., ordered and effective Oct. 1, 2020)

The amended order establishing compensation for court-appointed counsel in Ellis County district-court criminal matters (ordered and effective Oct. 1, 2020; originally entered by Judge Knize on Jan. 1, 2005 and subsequently revised): non-capital rates ($400 agreed plea, $50 per additional same-defendant plea capped at $600, $50 court appearances, $90/hr for jury trials/TBCs/contested revocations/evidentiary hearings, $68/hr out-of-court, $100/hr appellate capped at $4,900 absent written approval, $90/hr for Health & Safety Code § 81.164 appointments and contempt), a $100 per-defendant supplement for Spanish-only clients with bilingual counsel, capital-case rates ($150/hr, with $100/hr appellate when the State waived death), and prior-approval requirements for investigation and expert expenses.

Local Rules, registered with the Office of Court Administration as TOPICs document 656 (Local Rules, registered 01/01/2023).

One-page local rules of an Ellis County justice court registered with the Office of Court Administration: in-person appearances only, copies of evidence for all parties and the judge, accepted forms of payment and filing conduct in the clerk's office and courtroom. The registered file does not state the precinct.

Order Adopting a Youth Diversion Plan (Ellis Cty. JP Precinct 1/1, signed Dec. 30, 2024; eff. Jan. 1, 2025)

JP Precinct 1's order adopting the Ellis County Justice of the Peace Precinct #1 Youth Diversion Plan under Code of Criminal Procedure art. 45.306(b) — the court's framework for diverting child (Class C) cases: strategies and services are not limited by the plan and may be tailored per case by the Judge, Prosecutor, and Youth Diversion Coordinator after assessment; the plan's procedures, components, and applicable law are maintained on file for public inspection; effective Jan. 1, 2025 with the plan document attached to the order.

Courtroom Dress Code (Ellis Cty. JP Precinct 1)

JP Precinct 1's enforced courtroom dress code: the court may refuse entry to anyone it deems inappropriately dressed — no offensive-slogan T-shirts, halter/tank/spaghetti-strap/sleeveless tops, shorts, hats, sunglasses, bandanas, sagging pants, backpacks, or weapons, plus a judge's catch-all — and no food or drink in the courtroom.

Order Adopting a Youth Diversion Plan (Ellis Cty. JP Precinct 3, signed Dec. 12, 2024; eff. Jan. 1, 2025)

JP Precinct 3's order adopting the Ellis County Justice of the Peace Precinct Three Youth Diversion Plan under Code of Criminal Procedure art. 45.306(b): strategies and services are not limited by the plan and may be tailored per case by the Judge, Prosecutor, and Youth Diversion Coordinator after assessment; the plan's procedures, components, and applicable law are maintained on file for public inspection; effective Jan. 1, 2025.

Ellis County JP Precinct 3 court & clerk's office rules (updated July 14, 2026)

The current edition (updated July 14, 2026) of the rules posted for the Ellis County JP Precinct 3 court and clerk's office: in-person appearances only (no Zoom/WebEx), one-sided filings with service copies attached or the filing is rejected, eviction cases must be filed in the proper precinct (the court will not determine it for you), parties bring their own evidence copies for all parties and the judge, exact-change cash, written agency-authorization letters, firearm disclosure to the Constable's Office, enforced dress code, hallway negotiations, no recordings, security searches, written continuance/translator requests at least 3 working days before the court date, autopsy-inquiry limits, and 8 a.m.–4 p.m. weekday hours.

Courtroom Dress Code (Ellis Cty. JP Precinct 3)

JP Precinct 3's enforced courtroom dress code (referenced by the precinct's posted court rules, which state the approved dress code "will be enforced"): the court may refuse entry to anyone it deems inappropriately dressed — no offensive-slogan T-shirts, halter/tank/spaghetti-strap/sleeveless tops, shorts, hats, sunglasses, bandanas, sagging pants, backpacks, or weapons, plus a judge's catch-all — and no food or drink in the courtroom.

Order Adopting a Youth Diversion Plan (Ellis Cty. JP Precinct 4/1, signed Dec. 13, 2024; eff. Jan. 1, 2025)

JP Precinct 4/1's order adopting the Ellis County Justice of the Peace Precinct 4/1 Youth Diversion Plan under Code of Criminal Procedure art. 45.306(b): strategies and services are not limited by the plan and may be tailored per case by the Judge, Prosecutor, and Youth Diversion Coordinator after assessment; the plan's procedures, components, and applicable law are maintained on file for public inspection; effective Jan. 1, 2025.

Request for Time Served — procedures and Defendant's Motion (Ellis Cty. JP Precinct 4)

JP Precinct 4's procedure for discharging Class C fines and costs through jail-time credit: the court considers time served only on a WRITTEN request (mail or in person — no oral requests) after a plea or finding of guilt/no contest, supported by evidence of incarceration such as a book-in/book-out sheet; a granted request does NOT automatically release a driver's-license hold (an Omni fee may be required); if denied, written requests for alternatives such as community service will be considered. The posted packet includes the court's Defendant's Motion for Time Served form, which incorporates a guilty/no-contest plea and jury-trial waiver.

Standing Order for Justice of the Peace, Precinct 1 Ellis County (eff. Jan. 1, 2023) (TOPICs reg. doc 704)

JP Precinct 1's standing order: the court is open to the public during regular business hours; a person who feels symptomatic or ill is required to wear a face mask (the court provides one); all proceedings are IN PERSON ONLY — the court no longer holds videoconference, teleconference, or other electronic proceedings; one written continuance request with good cause shown will still be granted, but it must be made at least 48 hours before the hearing.