Mandated Change in Texas - The Federal District Court and the Legislature (From Neither Angels nor Thieves - Studies in Deinstitutionalization of Status Offenders, P 872-898, 1982, Joel F Handler and Julie Zatz, ed. - See NCJ-84956)

• NCJ Number: 84956
• Author(s): M J Churgin
• Date Published: 1982
• Length: 27 pages
• Sale Source: National Institute of Justice/; National Academies Press
• Language: English
• Country: United States of America
• Note: Available on microfiche as NCJ-84933

Annotation

In litigation under the case name Morales v. Turman, a U.S. district court was the catalyst for the Texas Legislature to undertake reform of its juvenile justice system.

Abstract

The Morales case was brought before a U.S. district court under allegations that the Texas Youth Council (TYC) denied attorneys private access to clients, but the case evolved into a comprehensive consideration of the juvenile institutional system administered by TYC. Issues addressed included the constitutionality of commitment proceedings and brutality by institutional staff. The 1975 Texas Legislature, taking notes of the convincing court evidence against the operations of the TYC, took steps to make corrections even before a final court order. An institution charged with severe brutality and inhumane conditions was closed, and the structure of the TYC was reformed. The State's first administrative procedures act was also passed. It requires notice and comment and encourages public participation in rulemaking. Today, TYC as an elaborate set of rules governing almost every phase of staff conduct. The primary achievement of the 1975 legislative session was the authorizing of community-based juvenile corrections. Despite denials by some TYC officials and legislators, there would have been no push for change within TYC institutions without the court action. Twelve references are listed.