JCB Standing Order Regulating Practice in Civil Cases; JCB Standing Order Regulating Practice in Criminal Cases; Tyler Divisional Order re Presiding Magistrate Judge; Form JCB-CV-5.1 - Order on Motion to Seal Documents; Form JCB-CR-32 Defendant's Waiver Before Sentencing Hearing

Hon. J. Campbell Barker · U.S. District Court for the Eastern District of Texas

Role: District Judge

Bluebook Citation: Hon. J. Campbell Barker, JCB Standing Order Regulating Practice in Civil Cases; JCB Standing Order Regulating Practice in Criminal Cases; Tyler Divisional Order re Presiding Magistrate Judge; Form JCB-CV-5.1 - Order on Motion to Seal Documents; Form JCB-CR-32 Defendant's Waiver Before Sentencing Hearing, U.S. District Court for the Eastern District of Texas

Judge Profile: Hon. J. Campbell Barker profile and standing orders


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=== JCB Standing Order Regulating Practice in Civil Cases ===

T H E H O N O R A B L E J . C A M P B E L L B A R K E R NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE So ordered by the court. J. C A M P B E L L B A R K E R United States District Judge NONBINDING EXAMPLE

=== JCB Standing Order Regulating Practice in Criminal Cases ===

T H E H O N O R A B L E J . C A M P B E L L B A R K E R NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE NONBINDING EXAMPLE So ordered by the court. J. CAM PB EL L BA RK ER United States District Judge NONBINDING EXAMPLE

=== Form JCB-CV-5.1 - Order on Motion to Seal Documents ===

Form JCB-CV-5.1 (Rev. 1/5/2026) – Order on Motion to Seal Document UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS v. Case No. ORDER ON MOTION TO SEAL DOCUMENT Now before the court is a motion (Doc. ______) to seal the document(s) provisionally filed under seal as document number(s) ______. See Local Rule CV-5(a)(7). The motion to seal is hereby: __ (1) DENIED on the ground(s) marked below. Each document subject to the motion to seal is therefore stricken. Local Rule CV-5(a)(7)(C) (“If the motion is denied, the document will be struck.”). __ (a) A document provisionally filed under seal does not state “Filed Under Seal” at the top of the document, as required by Local Rule CV-5(a)(7)(A). __ (b) A document sought to be sealed was not filed separately from the motion to seal and immediately after that motion. See Local Rule CV-5(a)(7)(C) (“A motion to file document(s) under seal must be filed separately and immediately before the document(s) sought to be sealed.”). __ (c) Although the motion to seal was immediately followed by the provisionally sealed document, that document itself does not contain the required certification of a motion to seal. See Local Rule CV-5(a)(7)(B) (unless sealing is authorized by statute, rule, or court order, “a document in a civil case shall not be filed under seal unless it contains a statement by counsel following the certificate of service that certifies that . . . a motion to seal the document has been filed”). __ (d) The movant did not cite authority on sealing documents in the judicial record, as opposed to the local rules’ broader definition of “confidential information” or the mere entry of a protective order for discovery purposes. See Order Regulating Practice JCB-CV-5.1(a)(1); June Med. Servs., L.L.C. v. Phillips, 22 F.4th 512, 521 (5th Cir. 2022) (“That a document qualifies for a protective order under Rule 26(c) for discovery says nothing about whether it should be sealed once it is placed in the judicial record.”). __ (e) The movant sought to seal an entire document but did not specify why partial redactions are insufficient. See Order Regulating Practice JCB-CV-5.1(a)(2). __ (f) The movant did not, within seven days of provisionally filing a document under seal, both publicly file a version of that document with proposed redactions, if required by Local Rule CV- 5(a)(7)(E), and privately email to the undersigned a version of that document with the redacted material revealed and highlighted, if required by Order Regulating Practice JCB-CV-5.1(a)(3)(ii). __ (g) The movant sought to seal a document to the extent of proposed redactions but did not explain why each individual redaction is justified, as opposed to addressing the document generally. See Order Regulating Practice JCB-CV-5.1(a)(3)(i). Form JCB-CV-5.1 (Rev. 1/5/2026) – Order on Motion to Seal Document __ (h) Despite compliance with required procedures, movant fails to show that any material in the document(s) sought to be sealed justifies nondisclosure in light of the public’s “common law right to inspect and copy judicial records.” Bradley ex rel. AJW v. Ackal, 954 F.3d 216, 224 (5th Cir. 2020). The motion to seal is thus denied on substantive grounds. __ (2) GRANTED. Movant has complied with required procedures, including public filing of any redacted version of the document(s) sought to be sealed, and has shown that the public’s right to inspect judicial records is outweighed by countervailing interests in nondisclosure that justify the exercise of this court’s “discretion to seal the record of judicial proceedings” to the extent of the sealing proposed here. Fed. Sav. & Loan Ins. Corp. v. Blain, 808 F.2d 395, 399 (5th Cir. 1987). __ (3) GRANTED CONDITIONALLY. Upon review of movant’s proposed redactions, some but not all of the redacted material justifies nondisclosure. The material highlighted for redaction in the version emailed to the undersigned, see Order Regulating Practice JCB-CV-5.1(a)(3)(ii), has been annotated with an “X” next to any material that does not meet the sealing standard. Those proposed redactions are hereby rejected. The annotated version of that document with rejected redactions has been returned by reply email. The motion to seal is granted on the condition that the movant publicly files, within seven days of this order, an amended version of the returned document that omits all redactions rejected by the court. If such an amended redacted version of the document is not publicly filed within seven days of this order, the motion to seal is denied and each document subject to the motion to seal is stricken. Local Rule CV-5(a)(7)(C) (“If the motion is denied, the document will be struck.”). SO ORDERED BY THE COURT. Date J. CAMPBELL BARKER United States District Judge

=== Form JCB-CR-32 Defendant's Waiver Before Sentencing Hearing ===

Form JCB-CR-32 (Rev. 10/23/2023) – Defendant’s Waiver Before Sentencing Hearing IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS United States of America v. ___________________________________ Case No. __:_____-cr-_________ DEFENDANT’S WAIVER BEFORE SENTENCING HEARING I acknowledge my receipt of the conditions of supervised release or probation adopted as standard conditions in E.D. Tex. General Order 17-3 (Jan. 27, 2017) and the conditions recommended in my case by the probation office in its final presentence report and sentencing recommendation. My counsel has furnished, displayed, and explained those conditions to me, and I understand them. I understand that I have a right to be present in the courtroom during my sentencing, and I hereby waive the right to object to the court’s imposition of any condition of supervised release or probation on the basis of my right to be present at sentencing and to have those conditions orally pronounced. I hereby waive the oral pronouncement of supervision or probation conditions at sentencing and waive the need to be asked at sentencing if I have any questions about those conditions. If the court imposes any such conditions in its final judgment, I consent to be bound by them and subject to revocation for violation of any of them. I understand that I have a right for the court to orally announce a forfeiture of property when imposing my sentence, unless notice of forfeiture is otherwise provided at sentencing. See Fed. R. Crim. P. 32.2(b)(4). I hereby waive my right to oral announcement of an order of forfeiture at sentencing. I am hereby advised that the law provides a defendant a right to appeal the conviction and sentence imposed, to seek permission to appeal free of cost, and to seek court-appointed counsel if unable to pay for an appeal. With few exceptions, any notice of appeal must be filed within 14 days of the date judgment is entered or within 14 days of the filing of a notice of appeal by the prosecution. But I may have waived certain rights to appeal as stated in my plea agreement. Although generally enforceable, such a waiver may be challenged on appeal if believed to be invalid or unenforceable. Understanding my appellate rights, I waive post-sentencing advisement of those rights. See Fed. R. Crim. P. 32(j). I have discussed with my attorney the consequences of this waiver and consent, and I give my waiver and consent knowingly, intelligently, voluntarily, and of my own free will and volition. Nobody has insisted upon, coerced, or improperly influenced me in my decision to give this waiver and consent. __________________ Date ___________________________________ Defendant’s signature ___________________________________ Signature of defendant’s attorney ___________________________________ Printed name of defendant’s attorney

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