Opinion
Opinion No. JC-0404.
The Honorable Michael A. McDougal, Montgomery County District Attorney,
301 North Thompson, Suite 106, Conroe, Texas 77301-2824, regarding meaning
of the term "recording" in Code of Criminal Procedure article 27.18, providing
for acceptance of pleas and waivers by closed circuit video teleconferencing
(RQ-0348-JC) .
S U M M A R Y.
When a court accepts a plea or waiver of a defendant's right by closed
circuit video teleconferencing pursuant to Code of Criminal Procedure article
27.18, a video recording of the communication must be made and preserved until
all appellate proceedings have been disposed of. The record preservation requirement
for video recordings in article 27.18(c) does not conflict with the record
preservation requirements for court reporters' notes in Government Code section
52.046 and rule 13.6 of the Texas Rules of Appellate Procedure, because the
latter two provisions deal with different records. Both the recording required
by article 27.18 and the court reporter's stenographic notes must be kept.
However, the official court reporter need not attend the portion of the proceedings
conducted by video conferencing to make a written record of it if the parties
decide that this is unnecessary.
For further information, please contact the Opinion
Committee at (512) 463-2110.
TRD-200104754
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Filed: August 15, 2001
RQ-0408-JC.
The Honorable John F. Healey, Fort Bend County District Attorney, 301 Jackson,
Room 101, Richmond, Texas 77469, regarding authority of a justice of the peace
to sentence a juvenile to detention for contempt, and related questions (Request
No. 0408-JC).
Briefs requested by September 7, 2001.
RQ-0409-JC.
Ms. Daisy Stiner, Executive Director, Texas Department of Housing and Community
Affairs, 507 Sabine, Suite 400, Austin, Texas 78711-3941, regarding constitutionality
of amendments to chapter 2306, Government Code, which relate to conflicts
of interest and ex parte communications involving officials of the Texas Department
of Housing and Community Affairs (Request No. 0409-JC).
Briefs requested by September 8, 2001.
RQ-0410-JC.
The Honorable Charles D. Penick, Criminal District Attorney, Bastrop County,
804 Pecan Street Bastrop, Texas 78602, regarding whether a county that contracts
with an attorney for the collection of delinquent taxes may accept a gift
from that attorney (Request No. 0410-JC).
Briefs requested by September10, 2001.
RQ-0411-JC.
The Honorable Kim Brimer Chair, Business & Industry Committee, Texas
House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding
constitutionality of a ban on testimonials in advertising by health care professionals
(Request No. 0411-JC).
Briefs requested by September 8, 2001.
For further information, please call the Opinion
Committee at (512) 463-2110.
TRD-200104755
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 15, 2001
Request for Opinions