Court Rules
Judge

Judge David Counts

Individual Rules, Standing Orders & Policies

Rules last changed:
Western District of Texas

Communication

Electronic Device

Chambers

No status inquiries
Photography Recording

Chambers

No status inquiries
Cell Phone

Chambers

No status inquiries
Violation Penalties

Chambers

No status inquiries
Filters:AllMandatoryImportantLettersConferences

Document Filing Requirements3 rules

Filing RequirementsCriminal cases

Checked against the court's document on Oct 4, 2026Mandatory

Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

Therefore, any letter written to substantiate acceptance of responsibility in a criminal case in these divisions must, at a minimum: 1. fully address the defendant's conduct related to the counts(s) of conviction; 2. follow the acceptance of responsibility guideline in every particular; and 3. be provided to the probation officer within thirty (30) days from the date of the defendant's guilty plea.

Document Type

Letter

Specific requirements detailed in rule text.
Standing-Order-On-Acceptance-Of-Responsibibility · Nov 2018 · p. 1
|SecSTANDING ORDER ON ACCEPTANCE OF RESPONSIBILITY
Filing Requirements

Checked against the court's document on Oct 4, 2026Mandatory

A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

Motions for continuances filed in the U.S. District Court for the Midland/Odessa and Pecos Divisions of the Western District of Texas must include a Certificate of Conference stating that all parties have conferred. The Certificate of Conference shall state each party's position regarding the motion.

Document Type

Motion For Continuance

Content & Formatting
Certificate Of Conference
Standing-Order-On-Certificate-Of-Conference-In-Motions-For-Continuance · Nov 2018 · p. 1
|SecStanding Order on Certificate of Conference in Motions for Continuance
Filing RequirementsCriminal cases

Not confirmed. Read the court's wording below.Important?

Acceptance of responsibility will not be awarded unless the requirements of this Order are followed, and then at the discretion of the Court.

Summary: Acceptance of responsibility is not awarded unless the Order’s requirements are followed, and any award remains within the Court’s discretion.

Document Type

Letter

Specific requirements detailed in rule text.
Standing-Order-On-Acceptance-Of-Responsibibility · Nov 2018 · p. 1
|SecSTANDING ORDER ON ACCEPTANCE OF RESPONSIBILITY

Filing & Service rules

Chambers Communication Rules

Photographing, recording, broadcasting, or televising prohibited without court authorization

The photographing, recording, broadcasting or televising of any person, object, or proceeding inside the United States Courthouse (Midland, Pecos, and Alpine) IS not permitted, unless authorized by the Court.

Machine summary. Not checked yet.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Violations result in removal, fines, and forfeiture of devices

Anyone violating this Order is subject to removal from the United States Courthouse, being fined for disobedience of this Order, and having the electronic device(s) forfeited to the United States Marshals Service.

Machine summary. Not checked yet.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Only attorneys and associates may bring electronic devices into courthouse

At the discretion of the Court, only attorneys and accompanying associates may bring cellular telephones and other electronic devices into the United States Courthouse (200 E. Wall Street, Midland, Texas; 410 S. Cedar, Pecos, Texas; and 2450 N. Highway 118, Alpine, Texas). No other individuals are permitted this privilege.

Machine summary. Not checked yet.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Cell phones must be turned off in courtrooms

Cellular telephones must be turned off while inside any courtroom.

Machine summary. Not checked yet.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

Cell phones may be used outside courtroom if reasonable and non-disruptive

Cellular telephones may be used outside the courtroom provided they are used in a reasonable and non-disruptive manner.

Machine summary. Not checked yet.

Page 1 | ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES

About United States District Judge David Counts

**U.S. District Judge David Counts** was appointed to the Western District of Texas by President Donald Trump in 2018. Judge Counts served previously as a U.S. Magistrate Judge in the Western District of Texas from 2009 to 2018, and as an Assistant U.S. Attorney in the Western District of Texas from 1995 to 2009. He served in the Texas National Guard as a Judge Advocate, including a deployment to Afghanistan with Operation Enduring Freedom from 2004 to 2006, and served as State Judge Advocate from 2007 to 2019. **Education** - St. Mary's University School of Law, J.D., 1986 - Texas Tech University, B.A., 1983 **Career** - U.S. District Judge, Western District of Texas (2018–present) - U.S. Magistrate Judge, Western District of Texas (2009–2018) - Assistant U.S. Attorney, Western District of Texas (1995–2009) - Assistant District Attorney, Travis County (1987–1990, 1991–1995) - Private practice (1990–1991) - Associate, Martin, Cox, Greenberg & Jones (1986–1987) - Texas National Guard, Judge Advocate / State Judge Advocate (1989–2019) - U.S. Army, Operation Enduring Freedom, Afghanistan (2004–2006)

**Courthouse:** 200 East Wall, Midland, TX 79701 **Chambers Staff** - Courtroom Deputy: Ms. Cristina Lerma, (432) 685-0350

Common questions about Judge David Counts's rules

What must be included with letter filings before Judge David Counts?

The rule identifies required filing content or certificates. Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

View ruleSource: page 1, section STANDING ORDER ON ACCEPTANCE OF RESPONSIBILITY

What must be included with motion for continuance filings before Judge David Counts?

The rule requires certificate of conference. A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

View ruleSource: page 1, section Standing Order on Certificate of Conference in Motions for Continuance

How may parties contact Judge David Counts' chambers?

The rule addresses electronic device communications with Judge David Counts' chambers. Only attorneys and associates may bring electronic devices into courthouse

View ruleSource: page 1, section ORDER REGARDING CELL PHONE AND ELECTRONIC DEVICES
Complete rules summary for Judge David Counts

Only attorneys and associates may bring electronic devices into courthouse

Photographing, recording, broadcasting, or televising prohibited without court authorization

Cell phones must be turned off in courtrooms

Cell phones may be used outside courtroom if reasonable and non-disruptive

Violations result in removal, fines, and forfeiture of devices

Acceptance-of-responsibility letters must address the defendant’s conduct related to the counts of conviction, follow the guideline in every particular, and be provided to the probation officer within 30 days of the guilty plea.

Acceptance of responsibility is not awarded unless the Order’s requirements are followed, and any award remains within the Court’s discretion.

A motion for continuance must include a Certificate of Conference stating that all parties conferred and each party’s position on the motion.

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