I have been receiving inquiries about this - largely from firms in metroplitan areas. They claim (as usual) that "everyone else" does it, and have actually sent me paperwork from some other counties.

If you are doing it - are you willing to explain to me how it works, and the authority? It sounds good, if we can do it...

Thanks.

Lisa L. Peterson
Nolan County Attorney

We thought we were the only county not included in "everyone else."

Yes, pretrial diversion can be done in JP cases but there could be a catch. The manner it can be done will depend upon the answer to one question - can the probation department supervise JP and traffic cases. If so the authority will be under CCP Art. 102.012 and Gov Code Sec. 76.011. This way supervision fees and expense of prosecution can be collected but note which account these monies go in. If the probation department will not conduct the supervision the mechanism is pure prosecutorial discretion but no fees can be charged. The other caveat - during my stint as municipal court judge it was drilled into us during annual training seminars that if we do not strictly enforce the CDL traffic laws Texas could loose federal highway funding. At that time several counties were ignoring the ban on Deferred Disposition for CDL cases.

I won't do them in JP Court, but this is a matter of policy for me, rather than something based on extensive research and analysis. I simply don't want every truck driver who gets a ticket calling my office looking for a PTD. I don't have time to deal with them, nor does my staff, nor does the court.

In certain VERY, VERY limited circumstances, I will consider a PTD on an appeal to county court, but that is extremely rare.