ACCESS TO JUSTICE
Texas Access to Justice Commission’s 2022 Report to the Court Table of Contents Texas Access to Justice Commission Report I. New Efforts .............................................................................................................. A. Court Requests ............................................................................................... B. Stanford Filing Fairness Project ....................................................................... C. Veterans Committee ........................................................................................ D. People and Events .......................................................................................... a. Pro Bono Summit .............................................................................. II. Continuing Efforts..................................................................................................... A. Capacity Building Efforts ................................................................................. 1. Law School Collaborations ........................................................................ a. Access to Justice Internship Program ............................................... b. Pro Bono Spring Break ..................................................................... 2. Legal Training Program ............................................................................. 3. Supreme Court Forms Task Forces ........................................................... a. Landlord-Tenant................................................................................ b. Probate ............................................................................................. c. Protective Order ................................................................................ d. Uniform Forms .................................................................................. 4. Technology ................................................................................................ a. Court Chatbot.................................................................................... b. Kiosk/Virtual Courthouse ................................................................... B. Policy and Best Practices Initiatives ................................................................ 1. Executive Committee ................................................................................. 2. Legislative Initiatives .................................................................................. a. Federal Funding for the Legal Services Corporation ......................... b. State Funding for Basic Civil Legal Services ..................................... c. Access to Justice Policy Initiatives .................................................... 3. Rules, Legislation, Policies and Procedures Initiatives ............................... a. Remote Hearings .............................................................................. b. Language Access ............................................................................. c. Texas Rule of Civil Procedure 145, Payment of Costs Not Required ..................................................................................... d. Other Rules ....................................................................................... C. Fund Development and Awareness ................................................................. 1. Awards ...................................................................................................... a. Corporate Counsel Pro Bono Award ................................................. b. Deborah G. Hankinson Award ........................................................... c. Law School Commitment to Service Award ....................................... d. Law Student Pro Bono Award ........................................................... e. Emily C. Jones Lifetime Achievement Award .................................... f. Harry M. Reasoner Justice for All Award ........................................... g. James B. Sales Boots on the Ground Award.....................................
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2. Development and Fundraising Efforts ....................................................... a. 2022 Justice for All Campaign........................................................... b. Champions of Justice Society ........................................................... c. Champions of Justice Law Firm Competition .................................... d. Champions of Justice Gala Benefitting Veterans............................... Exhibits: A — B C D E F G H I J K L
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Supreme Court of Texas Referral Letter to Examine Existing Rules and Propose Modifications Stanford Filing Fairness Project Initial Convening Agenda Stanford Filing Fairness Project Tech Summit Agenda Texas Coordinating Council for Veterans Services Final Report 2022 2021 Veterans Task Force Report 2022 Pro Bono Summit Flyer ATJIP Intern Essays ABA Days Exhibits Supreme Court Advisory Committee Advancing Language Access in Texas Court: First Steps 2022 Champions of Justice Society Members 2022 Champions of Justice Law Firms
Texas Access to Justice Foundation Report ......................................................... Appendix 1 State Bar of Texas Report .................................................................................... Appendix 2
A REPORT TO THE SUPREME COURT OF TEXAS ON ACTIVITIES OF THE TEXAS ACCESS TO JUSTICE COMMISSION DECEMBER 1, 2021 TO NOVEMBER 30, 2022 This Report contains a description of the main activities undertaken by the Texas Access to Justice Commission (sometimes referred to as “the Commission”) for the period December 1, 2021 to November 30, 2022. Many of the activities described are done in conjunction with other entities and individuals as specified. The Commission acts to bring together the stakeholders in the Texas access to justice community to further access to justice for the State’s most impoverished and challenged Texans. The Commission also works with national organizations to contribute to efforts encouraging increased access to justice in the Nation. I.
NEW EFFORTS
A. COURT REQUESTS At the request of the Supreme Court, the Commission provided comment on the proposed drafts of TRCP 500.2 (g) and 500.10 regarding remote hearings presented to the Supreme Court Advisory Committee on March 25, 2022 and May 27, 2022. The report below on the work of the Rules, Legislation, Policies and Procedure Initiatives Committee provides more information on these matters. In its letter dated October 24, 2022 (Exhibit A attached to this Report), the Texas Supreme Court asked the Texas Access to Justice Commission to examine existing rules and propose modifications in the following two areas by Fall 2023: (1) “Modifications that would allow qualified non-attorney paraprofessionals to provide limited legal services directly to low-income Texans. Among other things, the Commission should consider qualifications, licensing, practice areas, and oversight of providers; eligibility criteria for clients; and whether compensation for providers should be limited to certain sources, such as government and non-profit funds. (2) Modifications that would allow non-attorneys to have economic interests in entities that provide legal services to low-income Texans while preserving professional independence. The Commission should consider whether to recommend that these modifications be studied through a pilot program or regulatory sandbox and whether modifications should focus on certain services for which there is a particular need.”
Commissioners Lisa Hobbs, Justice Michael Massengale, and Kennon Wooten will co-chair the Workgroup being formed to assist the Commission in responding to the Court’s requests. Each co-chair will lead a subcommittee. The subcommittee led by Ms. Hobbs will examine, among other considerations, potential licensing, educational requirements, disciplinary oversight, and related matters, were a non-attorney paraprofessional program to be implemented. The subcommittee led by Justice Massengale will look at issues and barriers related to non-lawyer ownership in entities that provide legal services to low-income Texans. The subcommittee led by Ms. Wooten will look at scope of practice issues, including consideration of the type of work and specific practice areas in which non-attorney paraprofessionals could potentially effectively engage, were a non-attorney paraprofessional program to be implemented. The Workgroup membership includes members with different expertise and experience. At this time, the membership has not been finalized and will be over the next several weeks. The Commission intends to involve many stakeholders through an Advisory Group and implement other means of seeking and receiving feedback and input. The Commission intends to engage the National Center for State Courts to assist with this work. The Commission hopes to hold its initial meeting of the Workgroup in December 2022 or January 2023. B. STANFORD FILING FAIRNESS PROJECT Texas was selected along with five other states to participate in a pilot project, called the Filing Fairness Project, under the leadership of Stanford Law School’s Deborah L. Rhode Center on the Legal Profession and the Stanford Legal Design Lab. (Exhibits B and C). The Filing Fairness Project is an ambitious, multi-jurisdictional effort to increase access to justice by simplifying court processes and to improve access to the administration of justice using technology. The project includes efforts to develop forms and reduce eFiling burdens for self-represented people. By facilitating partnering among state courts across several jurisdictions, this coordinated effort intends to establish the necessary conditions for developing scalable interjurisdictional eFiling tools to encourage technological innovation by tech companies. The pilot for this project is focusing on cases where self-representation is prevalent and forms have commonalities across states. Its initial focus is on name changes and fee waivers. Then the focus also will include evictions. The Commission is working with Stanford, tech providers, and the Office of Court Administration to help design and implement the project in Texas. In March, the Commission, the Office of Court Administration (OCA), and the Texas Legal Services Center participated in a stakeholder summit at Stanford Law to begin to work on the project. Also, in October, the Commission and OCA attended a Tech Summit hosted by Stanford that included tech leaders from for-profit tech companies, such as Microsoft and Tyler Technologies, and non-profit tech entities, such as Suffolk LIT Commission Report to the Supreme Court, December 1, 2022
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Lab and Pro Bono Net. This Summit’s purpose was to bring tech providers together with participating states to answer questions and develop a shared vision for the project. The group also identified and brainstormed solutions for anticipated challenges to building the multi-jurisdictional eFiling tools contemplated by the project. Although the project is still in its early stages, the Commission has obtained commitments from judges and clerks in Travis, Dallas, Ector, and Brewster counties to participate in the pilot. C. VETERANS COMMITTEE This year, the Texas Access to Justice Commission established a Veterans Committee to explore and recommend solutions to improve the efficiency and effectiveness of legal services delivery to veterans. The committee is co-chaired by General Alfred Valenzuela, retired United States Army major general, and Terry Tottenham, veteran and Of Counsel at Norton Rose Fulbright, who created the Texas Lawyers for Texas Veterans pro bono program during his tenure as State Bar President. Members of the committee include: 1. 2. 3. 4. 5. 6. 7. 8.
Otway Denny, former partner at Norton Rose Fulbright Laura Koerner, Chair of the Texas Veterans Commission William Marple, Legal Aid of Northwest Texas Karen Nicholson, Board member of Texas Legal Services Center Richard Pena, Law Offices of Richard Pena Kay Sim, former Executive Director of the Houston Bar Association DeLaine Ward, Executive Director of the Austin Bar Association Mark Altman, Texas Young Lawyer’s Association liaison and attorney at Naman, Howell, Smith & Lee, PLLC
The Committee held its inaugural meeting in October 2022 to discuss the findings in the 2022 Texas Coordinating Council for Veterans Services Report and the 2021 Veterans Task Force Report. The group met again in November and plans to convene stakeholders that provide legal services to veterans across the state, including legal aid organizations, local bar associations, pro bono programs, and law schools in January 2023 to discuss how the Committee can support veterans’ legal needs. (Exhibit D, the 2022 Texas Coordinating Council for Veterans Services Report and Exhibit E, the 2021 Veterans Task Force Report. D. PEOPLE AND EVENTS The Commission this year expressed its great gratitude to its former Chair Harry Reasoner and its former Supreme Court Liaison Justice Eva Guzman for their service to the Commission and their immense contributions to the cause of access to justice. The Commission also welcomed new members of the Commission appointed by the Supreme Court: Roland Johnson as Special Advisor, the Honorable Roy Ferguson, Terry Tottenham, and Major General Alfred Valenzuela. Members of the Commission Commission Report to the Supreme Court, December 1, 2022
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serving by appointment of the State Bar are Gabby Garcia, Joe Escobedo, Katie Fillmore, Karen Nicholson, Kennon Wooten, Lisa Hobbs, and Chad Baruch. New Liaison appointee James Sullivan joined from the Governor’s office. The Commission continues to benefit greatly from the appointees from the Lt. Governor’s office and the Speaker’s office: Senator Judith Zaffirini and Representative Gene Wu. The Supreme Court amended the Order establishing the Commission Executive Committee and confirmed members of the Executive Committee Commission Chair Harriet Miers and Members Roland Johnson, Luz Herrera, Justice Michael Massengale, and Alistair Dawson. Pro Bono Summit Commissioner David McAtee, Executive Vice President and General Counsel of AT&T, Inc., recommended a new program for the Commission featuring cooperation between law firms and corporate counsel on pro bono efforts. Responding to his suggestion, the Commission, in partnership with the State Bar of Texas’ Pro Bono Workgroup, is sponsoring a virtual Pro Bono Summit titled Balancing the Scales of Justice: Creating Pro Bono Opportunities and Partnerships. The Summit will be held on Tuesday, December 6, 2022, and Texas Supreme Court Justice Brett Busby will offer welcoming remarks. David McAtee will moderate two panel discussions about pro bono benefits and opportunities. The first panel will discuss best practices for corporate legal departments and law firms engaging in pro bono activities. The second panel will present a case study of a successful pro bono partnership model among a law firm, corporate legal department, legal aid organization, pro bono program, and a nonprofit. (See Exhibit F for the Pro Bono Summit flyer.) The Commission believes this program could inspire significant increase in pro bono efforts in Texas. II.
CONTINUING EFFORTS
A. CAPACITY BUILDING EFFORTS Law School Collaborations The Commission is very grateful that all ten deans of Texas’ law schools have agreed to join the efforts of the Access to Justice Commission to increase access to justice for low-income Texans. They also will work with the Commission’s Law School Advisory Committee in the efforts of that Committee. Many law students enter law school with the hope of being able to change the world for the better armed with a law degree. The Commission collaborates with law schools to show law students just how impactful their work can be through the Commission’s Commission Report to the Supreme Court, December 1, 2022
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Access to Justice Internship Program and its Pro Bono Spring Break Program. Both programs expose students to the great challenges low-income Texans experience in the throes of a legal problem when they do not have an attorney. Participating students consistently report that the experience is eye-opening and personally fulfilling. Although dormant for a few years, the Law School Advisory Committee plans to meet in January 2023. The Commission looks forward to meeting with the deans and with others from all ten law schools to discuss how we can work together to improve access to justice. Access to Justice Internship Program The Commission’s year-round Access to Justice Internship Program provides law students an opportunity to work with legal aid programs and serve low-income Texans while being paid a modest stipend. Law students who commit to work 200-hours at a civil legal aid organization during either the fall or the spring semester receive a $2,500 stipend. Law students who participate during the summer and commit to working 400-hours with a civil legal aid program receive a $5,000 stipend. The 2022 Access to Justice Internship Program funded the following twelve law students: ATJIP Participation
First Name
Last Name
Spring 2022 Summer 2022 Summer 2022 Summer 2022 Summer 2022 Summer 2022 Summer 2022 Summer 2022 Summer 2022 Summer 2022
Olivia
Ekeke
Cat
Clopton
Leslie Stephanie
Espiricueta Flores Reyes
Ritika
Kumar
Sergio
Mendoza
Michelle
Nguyen
Carson
Smith
Sean
Tierney
Rachel
West
Fall 2022
Kathleen
Dopkin
Fall 2022
Jordan
Hyden
Law School South Texas College of Law Houston Texas Tech School of Law St. Mary’s University School of Law University of Oklahoma College of Law University of Texas School of Law St. Mary’s University School of Law University of Texas School of Law University of Texas School of Law St. Mary’s University School of Law Texas A&M University School of Law William & Mary University of Texas School of Law
ATJIP Legal Aid Partner Thurgood Marshall School of Law Innocence Project & Juvenile Justice Project Texas Appleseed Texas Fair Defense Project Texas RioGrande Legal Aid, Laredo Texas Appleseed Disability Rights Texas, Austin Texas Appleseed Mexican-American Legal Defense & Educational Fund, San Antonio Disability Rights Texas Disability Rights Texas, Austin Beacon Law Texas Legal Services Center Children’s Rights Clinic
The ATJIP continues to attract applicants from law schools throughout the United States, but most students in the ATJIP attend Texas law schools. ATJIP interns
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must also submit a 1000-word essay at the end of their internship. (See Exhibit G for intern essays). Pro Bono Spring Break The Commission held its annual Pro Bono Spring Break program this year as a hybrid event, which included in-person and virtual placement opportunities over a two-week period due to differing spring break schedules for the law schools. Baylor and UNT Dallas College of Law observed spring break on March 7-11 while the remainder observed it on March 14-19. The Commission’s strong partnerships with legal aid organizations made it possible to offer 39 different host locations across the state. Partner programs included American Gateways, Catholic Charities-Dallas, Dallas Volunteer Attorney Program, Disability Rights Texas-multiple offices, Greater Waco Legal Services, Houston Volunteer Lawyers, Legal Aid of NorthWest Texas-multiple offices, Lone Star Legal Aidmultiple offices, San Antonio Legal Services Association, Texas Advocacy Project, Texas Fair Defense Project, Texas Legal Services Center, Texas RioGrande Legal Aid-two offices, and YMCA of Greater Houston. Texas law schools were represented by the 64 law students who were selected to participate. Many students were bi- or multilingual and able to provide services in the following language to low-income Texans for whom English is not their primary language: Arabic, Chinese (Mandarin), French, German, Hindi, Urdu, Punjabi, Korean, Japanese, Polish, Spanish, Russian, Telugu, and Vietnamese. Student Excerpts: “During the week, I was thrilled when I was asked to research a motion. Researching case law and statutes for a real motion for a real case made me understand why I needed to work hard in my classes. When [the motion] did get granted, I was thrilled, and it reignited my love for the law. Many of my law school colleagues said that working over Spring Break would lead to burnout, however my experience was the exact opposite. The Pro Bono Spring Break helped me rediscover my passion to learn and gave me the motivation to study harder... I also learned many skills that I can take with me. My mentors taught me how to research for motions, how to write a motion, and how to file for protective orders. This experience gave me hands-on experience in my first year of law school. Studying in class can teach you the basics but doing real life work is the best teacher...The hands-on experience taught me more than any class I have taken in law school.” Danielle Munstedt, Texas Tech University School of Law PBSB Placement with Texas Advocacy Project
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“I had an amazing week shadowing attorney’s virtually and listening to their interactions with clients. I cannot quantify the value of the advice and direction I received… The call I enjoyed most was an eviction proceeding, this is where I had to do the most work. ... I spent a large amount of time researching eviction proceedings, succeeding in an eviction proceeding, and how to get one off the record. Thankfully we were able to find a form to submit a motion to strike an eviction proceeding. Researching and being an asset was a great experience, and I hope to be an asset in the future. My perception changed as I realized that many of the people that apply for [legal aid] are doing everything that they can. Legal writings are not made for laypersons to understand, and this is not fair. Part of justice is allowing everyone the fair opportunity to understand the law.” Faris Babineaux, Texas A&M University School of Law PBSB Placement with Legal Aid of NorthWest Texas Legal Training Program Twenty-nine legal aid attorneys representing eleven legal aid organizations in eleven different cities attended the annual Texas Trial Academy at the University of Texas School of Law which was held June 6-9, 2022. This year marks the 14th training offered by the Commission. The four-day intensive training focused on trial skills, including voir dire, opening statement, direct and cross-examination of both lay and expert witnesses, and closing arguments. The Commission is grateful to Reagan Brown, of Norton Rose Fulbright in Houston, who served as course director for the tenth time and recruited twenty-four fellows from the American College of Trial Lawyers to serve as faculty. The fellows conducted demonstrations of trial skills in plenary sessions and served as instructors by observing and critiquing the Trial Academy “students” as they performed trial advocacy skills in small-group workshops. As in previous years, legal aid lawyers attending the training said it is one of the best litigation trainings they have received. Trial Academy students shared that they particularly appreciated the feedback from the faculty and that the critiques were valuable to improving their litigation skills. Next year, the Commission expects to host the Pretrial Academy in June 2023. Details have not yet been finalized for the event.
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Supreme Court Forms Task Forces Landlord-Tenant The Landlord-Tenant Forms Task Force, chaired by Judge Carlos Villa, meets monthly and has completed or started the following kits containing forms, frequently asked questions, and instructions:
Eviction Appeals for Landlords – This kit is for a landlord who wishes to appeal a justice court eviction decision including a contest of rent determination. This kit has been completed.
Writ of Possession – This kit is used to execute a writ of possession by the landlord to take possession of property when a tenant had not timely vacated the premises. This kit has been completed.
Post-Judgment Kit – This kit is used by tenants who have satisfied any judgment against them to release the judgment from their credit report. It contains multiple forms for use in various circumstances, as it requires action by the creditor-landlord or a court when a creditor-landlord cannot be found or refuses to sign the release. This kit is still in the process of completion.
In the coming months, the Task Force will complete the Post-Judgment Kit and will complete the final kit, a Security Devices Kit. The Task Force is consulting with the Supreme Court to see if it can beta test some of the forms before sending them on to the Supreme Court for review and approval. Probate The Probate Forms Task Force is chaired by Judge Polly Jackson Spencer and continues to meet monthly in service of its mandate to create probate forms and instructions for use by the general public. The Probate Task Force has completed forms for Small Estate Affidavit proceedings and Probate of a Will as a Muniment of Title. The Task Force is pleased and grateful to the Supreme Court for its recent approval of several simple Wills for use by the public. The Task Force is currently working on a Transfer of Death Deed Kit, as required by statute. The group has started holding seven-hour meetings to complete the kit as quickly as possible. It is hoped that the Transfer on Death Deed Kit will be completed by Spring. Once completed, the Task Force will send the Small Estate Affidavit Kit, the Muniment of Title Kit, and the Transfer on Death Deed Kit to the Supreme Court for review and approval.
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Protective Order The Protective Order Task Force is co-chaired by Stewart Gagnon and Jeana Lungwitz. Due to a minor change to statutory warning language made during the 87th Legislature, the Task Force updated the Protective Order Kit to include a warning regarding the release from jail of a person who is subject to a protective order. The Protective Order Kit was sent to the Supreme Court and the minor changes were approved. Uniform Forms The Uniform Forms Task Force did not meet this year. In October, the Supreme Court declined approval of the Name Change for an Adult and Name Change for a Child kits due to the availability of similar forms and instructions on the Texas Law Help website hosted by the Texas Legal Services Center. Technology The Technology Committee is chaired by Judge Nicholas Chu, Justice of the Peace for Precinct Five in Travis County. Historically, the Committee initially focused on technological support for legal aid organizations and evolved to addressing broader access to justice issues via technology over the past few years. Under Judge Chu’s leadership, the committee is shifting away from theoretical discussions on what technology can do to improve access to justice into practical approaches. Judge Chu seeks to ensure that technology within the judicial system is accessible to everyone, not just those who are already technologically literate and those who already have access to technology equipment. The Committee discussed several ideas for pilot projects before moving forward with two: Court Chatbot: Companies and other entities use chatbots on their websites to give someone information, help connect someone to a real person, or help navigate around the site. That said, chatbots are not often utilized by courts to achieve the same goals. With the ever-increasing number of self-represented litigants engaging with courts, the Committee wishes to bring this service into the court world to provide people with the information and support they need. Committee members are working with staff from all Travis County Justice Courts and the Texas Legal Services Center to develop a chatbot, focusing on the decision tree and other inputs. The goal is to have this chatbot provide model answers and a template for other courts to replicate.
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Kiosk/Virtual Courthouse: COVID opened the door to widespread adoption of remote hearings. While there are many positive ATJ implications to remote hearings, the Commission has recognized that low-income Texans may not have access to the technology or reliable internet to participate effectively in them. Many states have adopted kiosk models to provide these tools to the public so they can access self-help materials, apply for legal aid, or attend remote court hearings in privacy. Some kiosks are located in courthouses while others are located at community locations, such as public libraries. The Committee is working with Judge Shelley Dukes, Collin County Title IV-D Court, to establish a kiosk model that can be replicated in other courts. The Committee has also discussed the possibility of using public library spaces or local legal aid programs where appropriate as well. The Committee’s next steps include identifying a location, determining the type of kiosk model it wishes to implement, and identifying any equipment, staff, and cost needs associated with the model chosen. The Commission, Access to Justice Foundation, and the Texas Legal Services Center are meeting regularly and working collaboratively together to ensure that programs featuring the use of kiosks are developed to maximize their use while avoiding duplication of effort. The Committee is also monitoring OCA’s Court Reminder Program and will be exploring how the Commission can be helpful as the texting reminder program gets off the ground. B. POLICY AND BEST PRACTICES INITIATIVES Executive Committee After the release of McDonald v. Longley, 4 F.4th 229 (5th Cir. 2021), the Commission’s Executive Committee and leaders of the State Bar of Texas established a process to ensure that the Commission’s legislative activities are compliant with Keller v. State Bar of California, 496 U.S. 1 (1990), and McDonald. The Executive Committee met in preparation for the Supreme Court’s referral of the two items discussed above in Section I.A. and after receipt of the Supreme Court’s letter. Lisa Hobbs and Kennon Wooten, Co-Chairs of the Committee studying these items, were also included in these discussions. Legislative Initiatives The Legislative Committee works to increase access to justice and funding for legal services to low-income Texans. The Committee was chaired by Harriet Miers until her appointment as Chair of the Commission on January 1, 2022, and is now chaired by Alistair Dawson, a partner at Beck Redden. Commission Report to the Supreme Court, December 1, 2022
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Federal Funding for the Legal Service Corporation For 25 years, the American Bar Association (ABA) has endorsed Legal Services Corporation (LSC) funding as the embodiment of the federal government’s role in securing equal justice under law. The ABA hosts an annual ABA Days to provide an opportunity for states to meet with their Congressional representatives and discuss issues of importance, such as the need for increased funding for civil legal aid. During the week of April 4th in 2022, the Commission’s team joined in with hundreds of participants from across the country to connect with Congressional offices. (See Exhibit H). The ongoing pandemic restricted the Commission’s ability to meet face-to-face in D.C. this year, but the Texas delegation, including access to justice stakeholders beyond the Commission, adjusted their strategy and met with 38 Texas Congressional offices by Zoom or email to express the critical need to support civil legal aid. The virtual delegation to ABA Days, included: Hon. Brett Busby, Supreme Court of Texas Hon. Wallace B. Jefferson, Fmr. Chief Justice, Supreme Court of Texas Hon. Gina Benavides, Thirteenth Court of Appeals Hon. Ken Wise, Fourteenth Court of Appeals Hon. Lora Livingston, 261st Judicial District Court Sylvia Borunda Firth, President, SBOT Laura Gibson, President-elect, SBOT Larry McDougal, Immediate Past President, SBOT Roland Jonson, Past President, SBOT Eduardo Rodriguez, Past President, SBOT
Terry Tottenham, Past President, SBOT Trey Apffel, Executive Director, SBOT Harriet Miers, Chair, TAJC Alistair Dawson, Commissioner, TAJC Luz Herrera, Commissioner, TAJC Hon. Michael Massengale, Commissioner, TAJC David McAtee, Commissioner, TAJC Trish McAllister, Executive Director, TAJC Hon. Deborah Hankinson, Chair, TAJF Joseph Barrientos, Vice Chair, TAJF Denise Scofield, Board Member, TAJF Betty Balli Torres, Executive Director, TAJF
Just ahead of the visits, Congress passed the FY 22 Omnibus Bill, increasing LSC funding by $24 million to $489 million, shifting the main purpose of the visits to thanking Congressional leaders for their continued support and encouraging robust funding of civil legal aid.
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The Commission also conveyed to the members of Congress how LSC-funded programs in their districts help their constituents. The Commission also explained how LSC-funded programs help provide the structure for Texas lawyers to engage in pro bono activities by providing intake services, vetting financial qualification, providing mentoring and guidance when handling cases, and tracking the case from start to finish for quality control issues. The Commission sent each Texas Congressional member a letter urging increased support of LSC, signed by 150 people comprised of firm managing partners, recognized leaders among the trial bar, current and past Presidents and Chairs of the State Bar of Texas, local and specialty bars Presidents, and members of the Texas Access to Justice Commission and Texas Access to Justice Foundation. The Commission also added its voice to thousands of messages shared across social media discussing legal aid that week. LSC requested $1.26 billion in their FY 23 budget request, an increase of $245 million from its previous request. This request was designed to help address the anticipated increase in demand for civil legal services due to the disproportionate impact that COVID-19 is having on low-income communities, coupled with the ongoing lack of adequate resources to provide civil legal assistance before the pandemic. The Biden Administration has requested $700 million for LSC in FY 23—the largest request ever put forward by any administration. With a global pandemic and the increasing numbers of people newly eligible for legal services, the need for substantially increased federal support for civil legal aid is even greater. The House of Representatives Committee on Appropriations approved funding legislation that includes $675 million for LSC in FY 2023. It is the largest amount ever included in a congressional appropriations bill for legal services and would result in a $186 million increase over current funding if enacted into law. The Senate has not yet marked up any appropriations bills for FY 2023, and no final budget has been passed. While 2022 ABA Days was a successful virtual event, the Commission is looking forward to seeing everyone in person in D.C. next March. The Commission believes providing, when needed, legal services for low-income Americans is the justice for all pledge we make as a Nation, and it is wise. The Commission will make a showing in visiting with members of Congress that providing access to the justice system results in economic benefit for the affected party and our society.
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State Funding for Basic Civil Legal Services Lieutenant Governor Dan Patrick announced Senator Joan Huffman of Houston as the new chair of the Senate Finance Committee, replacing outgoing Senator Jane Nelson of Flower Mound, who did not seek reelection. The Supreme Court of Texas’ Legislative Appropriations Request continues to support civil legal services in their baseline budget. The Court also included an Exceptional Item for Funding for Basic Civil Legal Services at $5,000,000 per year to address two priorities arising from the pandemic: an increased need for legal services for youth, such as access to mental health resources, and increased access to the courts due to remote hearings. The Commission looks forward to continuing its visits with Texas Legislators to encourage support for the Supreme Court’s budget request and increased funding for civil legal aid. Also, in the State Legislature, the Commission will once again be seeking to educate those who do not know about the critical needs of so many Texans who deserve help and providing the inspiring reasons that increasing access to justice in this State is so right. Access to Justice Policy Initiatives In July, the Legislative Committee met to address and approve proposed statutory changes related to language access services in civil courts. The Commission regularly hears from legal aid providers that courts are charging lowincome people for interpreters or halting the case until they bring their own. The proposed bill amends Section 57.002 of the Government Code to codify Texas Rule of Civil Procedure 145, clarifying that parties who have a valid Statement of Inability to Afford Payment of Court Costs on file are not required to pay costs associated with an interpreter or translator. The Commission and the State Bar of Texas approved the bill language, noting its compliance with McDonald. The Commission will pursue passage of this bill in the 88th Legislative Session that begins in January 2023. Rules, Legislation, Policies and Procedures Initiatives The Rules and Legislation Committee, chaired by Lisa Hobbs of Kuhn Hobbs, PLLC, addresses systemic access to justice issues for the poor through the creation and reformation of policies, procedures, rules, legislation, and other practices. Remote Hearings The advent of remote hearings has been an enormous leap forward in access to justice, especially in cases involving self-represented litigants and low-income Texans who cannot afford an attorney. Justice Busby asked the Commission to Commission Report to the Supreme Court, December 1, 2022
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provide comments on proposed drafts of TRCP 500.2 (g) and 500.10 regarding remote hearings presented to the Supreme Court Advisory Committee (SCAC) on March 25, 2022, and May 27, 2022. Members of the Rules Committee, including Ms. Hobbs, Judge Nicholas Chu, Judge Roy Ferguson, Kennon Wooten, and Harriet Miers, met with Commission staff to discuss the two proposed rule drafts. The small group did not have any concerns with the draft for Rule 500.2. Recommendations, which were submitted to the SCAC for consideration along with a report and accompanying appendices, focused only on Rule 500.10 (b) and the accompanying comment. (See Exhibit I). The Commission’s report proposed suggested changes and provided detailed comments on what should constitute “good cause” for denying a remote hearing request, particularly when poor and unrepresented parties are involved in a proceeding, and what tools should be used to adequately advise low-income Texans and unrepresented litigants on how to participate in remote proceedings effectively. The report ends with important information on how remote proceedings can improve access to justice for low-income Texans and unrepresented parties and includes an appendix of relevant materials. Lisa Hobbs, Kennon Wooten, and Harriet Miers attended the August 19 SCAC meeting in Ft. Worth to present the Commission’s report and provide input on the rule from an ATJ perspective. After a healthy discussion, the SCAC ultimately recommended rules that would allow for remote proceedings in Justice Court, County Court, and District Court and remote jury trials if parties consent. The recommendation also called for robust notice requirements to contain all information needed to participate in the proceeding as well as instructions for joining remotely, contact information for the court, and instructions for submitting evidence. The Commission is deeply grateful for SCAC’s thoughtful approach to addressing remote proceedings, which are a critical component to achieving access to justice in Texas courts. The Commission also thanks the Supreme Court for the preliminary approval of the new rules concerning remote hearings. Language Access In preparation for the upcoming legislative session, the Commission focused on developing legislative priorities for language access, and, as requested by Senator Zaffirini, drafted language for an interim charge related to language access. The Commission also continued its collaboration with legal aid, leadership in Harris County, and advocates from the Department of Justice and the Office of the United States Attorney to improve language access in courts in Harris County. Commission Report to the Supreme Court, December 1, 2022
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The Commission made a presentation to the Civil Committee of the Judicial Council addressing the need to collect language access data in Texas courts. As a result, the Civil Committee recommended that OCA study the best way to begin collecting that data. (See Exhibit J) The Commission also presented on the intersection of language access and Texas Rule of Civil Procedure 145 for the State Bar’s Poverty Law Section and has provided technical assistance to lawyers, legal aid, and courts upon request. Texas Rule of Civil Procedure 145, Payment of Costs Not Required In October, the Supreme Court released a new Statement of Inability to Afford Payment of Court Costs or an Appeal Bond form in English and Spanish, incorporating many of the suggestions made by the Commission in collaboration with legal aid providers. The Commission collected comments from legal aid providers and met with Jackie Daumerie, the Supreme Court Rules Attorney, to address text inadvertently omitted, formatting issues, and inaccuracies in the Spanish text. Other Rules The Commission has been pleased to see that the Court has asked the SCAC to consider whether to amend Texas Rule of Civil Procedure 7 to address probate court policies that prohibit litigants from proceeding pro se and to consider whether to amend Texas Rule of Civil Procedure 42 to comport with other state rules or statutes that have expressly addressed distribution of residual class action funds to legal aid. The Commission also has been pleased to note that the Court amended Rule of Judicial Administration 10 prohibiting a court from requiring a party to use a local form or rejecting a properly completed form approved by the Court or an organization that reports to the Court. C. FUND DEVELOPMENT AND AWARENESS Awards Judge Latosha Lewis Payne, Presiding Judge of the 55th Civil District Court, serves as Chair of the Awards Committee. Corporate Counsel Pro Bono Award The ATJ Corporate Counsel Pro Bono Award is presented to a corporate counsel attorney who exhibits an exemplary commitment to providing pro bono legal services to low-income Texans. This year, the award was presented by Justice Brett Busby to Hilary Tyson during the State Bar’s Annual Meeting on June 9, 2022.
Commission Report to the Supreme Court, December 1, 2022
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Along with Lone Star Legal Aid and the Houston Civic Gardens Association, Ms. Tyson used her legal expertise to help the low-income Houston-Trinity Gardens neighborhood protect itself against industries operating in their community. She held multiple community meetings to help organize residents, gather their feedback, and educate them on how deed restrictions could protect them. In crafting the deed restriction language and obtaining the requisite number of signatures from community members, she was able to help the neighborhood maintain its residential character and protect more than 250 households from detrimental land uses. Deborah G. Hankinson Award The Deborah G. Hankinson Award honors local bar association and young lawyer affiliates who demonstrate a commitment to access to justice in their communities and raise funds for legal aid providers on a local and statewide basis. The awards were presented by Harriet Miers at the State Bar’s Annual Bar Leaders Conference on July 23, 2022. The awards winners were: Division I
Amarillo Bar Association
Division II
Jefferson County Bar Association
Division III
Tarrant County Bar Association
Young Lawyers Association – Division II
Houston Young Lawyers Association
Law School Commitment to Service Award The Law School Commitment to Service award honors a Texas law school with exemplary efforts in promoting pro bono service and educating their students about the many barriers in our justice system for low-income Texans. This year, the award was presented to South Texas College of Law Houston for its “Make It Right” program, which helped expunge criminal offenses that would keep people from finding meaningful employment and for its partnership with Lone Star Legal Aid and other Houston-area law schools that developed a right-to-counsel model in eviction cases that served more than 5,000 residents facing the loss of their home. The award was presented by Justice Brett Busby at the New Lawyer Induction Ceremony on November 14, 2022. Law Student Pro Bono Award The Law Student Pro Bono Award was created to recognize a Texas law student whose strong commitment to pro bono serves as an exemplar to other students Commission Report to the Supreme Court, December 1, 2022
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and has a tangible impact on their community. This year, the award was presented to Morgan Starr of St. Mary’s University School of Law for her exceptional work in developing the Enhanced Library Card, which can serve as an identification card for important purposes, such as securing a lease or a job. She also coordinated multiple virtual pro bono activities for students, worked as a teacher’s assistant in the Civil Justice Clinics, and leveraged her relationships as President of the Student Bar Association to build consensus between disparate groups and highlight her passion for expanding access to justice. Justice Busby presented the award to Ms. Starr at the New Lawyer Induction Ceremony in November. The Emily C. Jones Lifetime Achievement Award The Emily C. Jones Lifetime Achievement Award is named after the first executive director of the Commission and is only given when there is a truly deserving individual who has spent their career working on access to justice issues, is well known among their peers, and has made a statewide impact. The Emily C. Jones Lifetime Achievement Award was presented to Bruce Bower of the Texas Legal Services Center. Known among his colleagues as an unassuming juggernaut of Texas legal aid, Bruce Bower has spent more than 30 years working to help elderly and disabled Texans overcome their legal problems. Among many achievements, his efforts have produced a new chapter in the Texas Family Code and amendments to the Texas Estate Code, which protect and serve vulnerable Texans. Mr. Bower has served as a font of knowledge, a pillar of dedication, and a beacon of empathy and understanding to generations of lawyers. The Harry M. Reasoner Justice for All Award The Harry M. Reasoner Justice for All Award is named after the Commission’s longest serving chair, Harry Reasoner, who now serves as Chair Emeritus. Mr. Reasoner personifies the belief that pro bono work is a critically important component to the provision of access to justice and that lawyers are part of a profession that comes with obligations, including offering legal help and expertise to those who cannot afford it. This award is given to a Texas attorney who demonstrates dedication and commitment to providing exemplary pro bono civil legal services to low-income people and who promotes a culture of pro bono within the State Bar of Texas. Priya Aiyar, Senior Vice President & General Counsel for American Airlines, was presented the 2022 Harry M. Reasoner Justice for All Award. When Ms. Aiyar started at American Airlines, she immediately began to instill a culture of pro bono by encouraging staff to dedicate their time to help those in need. She led by example in working with survivors of human trafficking. What started as local initiatives have blossomed throughout the Dallas-Fort Worth area. Through Commission Report to the Supreme Court, December 1, 2022
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partnerships with Legal Aid of NorthWest Texas and Jones Day, Ms. Aiyar’s passion and innovative work has opened doors to new housing, employment, and education opportunities for those survivors. The James B. Sales Boots on the Ground Award The James B. Sales Boots on the Ground Award recognizes extraordinary work by a legal services attorney who works every day helping Texans with their civil legal needs. The 2022 James B. Sales Boots on the Ground Award was presented at the Gala to Veronica Jacobs, formerly of Houston Volunteer Lawyers. For nearly 30 years, Ms. Jacobs anticipated her clients’ needs, worked with them to overcome problems they encountered in the legal system, and advocated for changes to remedy their civil legal issues. Ms. Jacobs served as an exemplar in being an effective advocate who embodies empathy and understanding, and often exceeded expectations of a traditional lawyer to support her clients. Texas Supreme Court Chief Justice Nathan Hecht presented the James B. Sales Boots on the Ground Award, the Harry M. Reasoner Justice for All Award, and the Emily C. Jones Lifetime Achievement Award as part of the Veteran’s Gala program described in this report. Development and Fundraising Efforts 2022 Justice for All Campaign Each year, the Commission conducts the Justice for All Campaign to encourage lawyers to financially support access to justice by making the suggested voluntary ATJ Contribution on their dues statement or by becoming a member of the Champions of Justice Society. The Campaign raised $1,628,908 this year, representing the highest amount ever raised, and exceeding the goal of $1.6 million. More than 11,500 attorneys contributed, and the Commission continues its focus on securing new donors while retaining prior donors. It is important to note that Texas attorneys support access to justice financially in multiple ways. According to the most recent State Bar 2021 Pro Bono Report, Texas attorneys made significant financial contributions to support pro bono services in 2021, with approximately $17 million spent in out-of-pocket expenditures on pro bono and made direct contributions of more than $8 million related to legal services to the poor. Champions of Justice Society The Commission established the Champions of Justice Society in 2012 for individuals who wished to show their strong support of access to justice in Texas. Membership levels are Guardian ($1,000 per year for five years), Hero ($1,000), Commission Report to the Supreme Court, December 1, 2022
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Defender ($500-$999), and Advocate ($250-$499). As of November 2022, there were 633 Society members. The Commission honored our COJ Society members at our annual ATJ Reception during the State Bar’s Annual Meeting in June and published COJ Society members who contributed at the Defender level or higher in the October issue of the Texas Bar Journal (See Exhibit K). Champions of Justice Law Firm Competition The Commission created the Champions of Justice Firm Competition in conjunction with the Justice for All Contribution Campaign as a way to offset the decline in giving that accompanied the automation of the dues payment process. This year, the Firm Competition was held April 18-29. Contributions made by firm attorneys through July 31 are counted towards the firm’s total. Winners are determined based on the highest amount raised and the highest percent participation in their firm size category. Winning firms were honored at the Commission’s annual Champions of Justice Law Firms reception on October 25, 2022. Justice Busby presented the awards and firms were recognized in the October issue of the Texas Bar Journal (See Exhibit L). Champions of Justice Gala Benefitting Veterans The Commission honored veterans throughout the state during its annual gala Wednesday, April 27, at the AT&T Executive Education and Conference Center in Austin. The event raised $550,000, the proceeds of which will be distributed by the Texas Access to Justice Foundation to legal aid programs that provide civil legal services to low-income Texas veterans. Harry M. Reasoner, Chair Emeritus of the Texas Access to Justice Commission, chaired the Gala Committee. Gala co-chairs included prominent Texas attorneys who donated their time and talents for the 2022 event: Jerry Clements with Locke Lord, Monica Karuturi with CenterPoint Energy, David McAtee with AT&T, Ross R. Moody with The Moody Foundation and National Western Life, Stephen C. Mount with H-E-B, Sandra Phillips Rogers with Toyota Motor North America, Wayne Watts, Marie Yeates with Vinson & Elkins LLP, and Carlos M. Zaffirini, Jr. with Adelanto HealthCare Venture. Texas Supreme Court Justice Brett Busby, the Court’s liaison to the Commission, served as the master of ceremonies for the evening. Longstanding Chair Harry Reasoner was honored for his stalwart access to justice work and his strong commitment to the gala and veterans by the official designation of the “Macey and Harry Reasoner Access to Justice Lecture Series,” the part of the program that features the gala’s keynote speaker for the evening. Lieutenant General (Ret.) Nadja West, 44th Army Surgeon General and former Commanding General of US Army Medical Command was the keynote speaker for the 2022 Commission Report to the Supreme Court, December 1, 2022
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event. Lt. General West offered a heartwarming keynote address about tradition and military service, which highlighted her personal life experiences as a child living in a military family and what she observed during her time in the service. By sharing success stories of veterans who received help from legal aid to remedy their civil legal issues, West transformed numbers into human faces and offered relatable scenarios illustrating how necessary legal aid is and how much Texas benefits from supporting our veterans when they need it.
Commission Report to the Supreme Court, December 1, 2022
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Exhibit A
The Supreme Court of Texas CHIEF JUSTICE NATHAN L. HECHT JUSTICES DEBRA H. LEHRMANN JEFFREY S. BOYD JOHN P. DEVINE JAMES D. BLACKLOCK J. BRETT BUSBY JANE N. BLAND REBECA A. HUDDLE EVAN A. YOUNG
201 West 14th Street Post Office Box 12248 Austin TX 78711 Telephone: 512/463-1312 Facsimile: 512/463-1365
CLERK BLAKE A. HAWTHORNE GENERAL COUNSEL NINA HESS HSU EXECUTIVE ASSISTANT NADINE SCHNEIDER DIRECTOR OF PUBLIC AFFAIRS AMY STARNES
October 24, 2022 Ms. Harriet Miers Chair, Texas Access to Justice Commission Locke Lord LLP By email Dear Chair Miers: The Texas Commission to Expand Civil Legal Services recommended in its December 2016 report that a primary objective of future rulemaking projects should be to foster access to the civil justice system by Texans who cannot afford traditional legal representation. Many Texans have incomes low enough to qualify for assistance from legal aid and volunteer attorney organizations, but resource and staffing constraints allow these organizations to serve only a small fraction of qualified applicants. Often, the only option for Texans who cannot be served is to attempt to represent themselves. To help address this civil justice gap and expand access to justice for lowincome Texans, the Supreme Court requests that the Commission examine existing rules and propose modifications in the following areas: •
Modifications that would allow qualified non-attorney paraprofessionals to provide limited legal services directly to low-income Texans. Among other things, the Commission should consider: qualifications, licensing, practice areas, and oversight of providers; eligibility criteria for clients; and whether compensation for providers should be limited to certain sources, such as government and non-profit funds.
•
Modifications that would allow non-attorneys to have economic interests in entities that provide legal services to low-income Texans while preserving professional independence. The Commission should consider whether to recommend that these modifications be studied through a pilot program or regulatory sandbox and whether modifications should focus on certain services for which there is a particular need.
The Court understands that the Commission will seek input from the bar and a range of other relevant constituencies in developing these proposals, which the Court would appreciate receiving by fall 2023. The Commission should work with the State Bar of Texas to provide periodic updates to bar members regarding its work on the proposals. The Court is grateful for the Commission’s service and your leadership. Sincerely,
J. Brett Busby Justice cc:
Access to Justice Commission Members and Staff State Bar of Texas
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Exhibit B
Convening at Stanford Law School: March 11, 2022 8:30 a.m.-9:00 a.m.
Meet-and-Greet & Light Breakfast
9:00 a.m.-10:00 a.m.
Welcome & Introductions Stanford principals establish goals we are aiming to accomplish together throughout the pilot—and today specifically—followed by introductions from participants.
10:00 a.m.-11:00 a.m.
Project Overview & Vision Session Introduce the Three Pillars essential to this Project, including through an interactive exploration of the burdens faced by litigants and advocates.
11:00 a.m.-11:15 a.m.
Coffee Break
11:15 a.m.-11:45 a.m.
Overview: Data Elements & Efiling Discuss goals of aligning common data fields and facilitating an improved efiling experience for litigants and courts, including by spotlighting current successes.
11:45 a.m.-12:30 p.m.
Pillar I: Form Elements Review work undertaken thus far, gather preliminary feedback on the Common Fields list, and align on high-level processes and principles for form field alignment and/or reduction.
12:30 p.m.-1:30 p.m.
Lunch
1:30 p.m.-2:15 p.m.
Pillar I/II: Efiling & Other Administrative Questions Review possible actions courts may take to lower burdens facing litigants and advocates seeking to file documents online, then draft localized action plans.
2:15 p.m.-2:45 p.m.
Pillar III: Introduction to Sustainable Solutions Share and discuss strategies for ensuring robust, sustainable, scaled solutions.
2:45 p.m.-3:00 p.m.
Coffee Break
3:00 p.m.-4:00 p.m.
Discussion of Financial Models Identify the most promising strategies that the Project, and participating jurisdictions, can take to encourage sustainable user-facing technology solutions.
4:00 p.m.-4:45 p.m.
Next Steps: Brainstorm & Project Planning Complete localized project trackers with next steps for Stanford team, attendees, and jurisdictions.
4:45 p.m.-5:30 p.m.
Closing Remarks and Optional Reception
Exhibit C
Tech Summit at Stanford Law School: October 14, 2022 8:30 - 9:00 a.m.
Meet-and-Greet & Light Breakfast
9:00 - 9:30 a.m.
Welcome & Introductions
9:30 - 10:00 a.m.
Goals for the Filing Fairness Project: A Roundtable with the States
10:00 - 10:20 a.m.
Overview of Current Court Technologies National landscape of court technologies, incl. CMSs, EFMs, and EFSPs.
10:20 - 11:00 a.m.
Interactive Vision Session Attendees will diagram/describe what efiling (or if none, filing) looks like now for people who are trying to file state court forms.
11:00 - 11:15 a.m.
Coffee Break
11:15 - 11:30 a.m.
Our Theory of Change & Today’s Plan of Action What will it take to be a successful tech provider?
11:30 a.m. - 12:00 p.m.
Working Session 1: Form Fields Lists Review form fields lists (data dictionaries) in Airtable.
12:00 - 1:00 p.m.
Lunch Break
1:00 - 2:00 p.m.
Working Session 2: E-filing Practicalities Round robin with every state to understand the current e-filing and EFSP certification protocols – and what changes might be possible to improve tech providers’ ability to develop great tools.
2:00 - 2:45 p.m.
Working Session 3: Tech Provider – State Court Meetups Tech providers discuss building new solutions with state court leaders.
2:45 - 3:15 p.m.
Tech Providers’ Needs What have tech providers learned – especially after today’s working sessions – about what they need to build excellent solutions at scale?
3:15 - 3:30 p.m.
Coffee Break
3:30 - 4:30 p.m.
Introduction to Values-Aligned, Sustainable Solutions Strategies for ensuring values-aligned, sustainable, scaled solutions.
4:30 - 4:45 p.m.
Next Steps: Where Do We Go From Here? What questions, ideas and big picture concerns should we tackle next?
4:45 - 5:30 p.m.
Closing Remarks and Optional Reception
Exhibit D
Texas Coordinating Council for Veterans Services
Sixth Report October 1, 2022
Introductory Letter Thomas P. Palladino, Chairman Dear State Leaders, It is my honor and privilege to submit to you the Sixth Report of the Texas Coordinating Council for Veterans Services (TCCVS). This report identifies veteran needs, identifies services currently provided by the state, and makes recommendations to address those needs. This report represents countless hours of research, discussion, and ultimately consensus, by the members of TCCVS. TCCVS was established by the 82nd Legislature to: coordinate the activities of state agencies that assist veterans, servicemembers, and their families; coordinate outreach efforts that ensure veterans, servicemembers, and their families are made aware of services; and facilitate collaborative relationships among state, federal, and local agencies, and private organizations to identify and address issues affecting veterans, servicemembers, and their families. Veterans of the United States military have demonstrated a continuous desire to settle in or relocate to Texas. Despite the dedicated efforts of those working to assist veterans, there remains a persistent need and demand for veteran services. The continued influx of veterans into the state coupled with the increasing demand of an aging population of WWII, Korea, Vietnam, and Gulf War I era veterans validates the need for continued coordination and support of Texas agencies that provide services to veterans. Texas citizens take pride in recognizing and showing appreciation for the sacrifices military women and men have made to the United States. As a result, Texas continues to lead the nation in its support of veterans. The public support of veterans and the Texas Legislature’s historical response to it, has become generally known as “The Texas Model.” Currently, state leaders have an opportunity to continue this by boldly addressing the veteran issues and challenges highlighted in this report. Thank you for giving the members of TCCVS the opportunity to engage in this important work—i.e., identifying the needs of Texas veterans and suggesting legislative solutions to those problems. We appreciate your serious attention to these issues. Again, Texas is leading the nation on solving veteran issues, and we look forward to working with you to make TCCVS’s recommendations a reality for Texas veterans. Sincerely, Thomas P. Palladino, Chairman Texas Coordinating Council for Veterans Services 1|Page
Table of Contents Contents Executive Summary ...........................................................................................................................3 Health Workgroup ....................................................................................................................................... 5 Mental Health Workgroup........................................................................................................................... 8 Employment Workgroup ............................................................................................................................ 13 Higher Education Workgroup ................................................................................................................... 20 Criminal Justice Workgroup ..................................................................................................................... 23 Housing Workgroup .................................................................................................................................. 25 Transportation Workgroup ........................................................................................................................ 31 Women Veterans Workgroup .................................................................................................................... 34 Pro Bono Legal Services Workgroup…………………………………………………………………….39
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Executive Summary The Texas Coordinating Council for Veterans Services (TCCVS) was created during the 82nd Legislature (2011) by Senate Bill 1796. The Texas Legislature established the Council to accomplish three tasks: 1. Coordinate the activities of state agencies that assist veterans, servicemembers, and their families; 2. Coordinate outreach efforts that ensure that veterans, servicemembers, and their families are made aware of services; and 3. Facilitate collaborative relationships among state, federal, and local agencies and private organizations to identify and address issues affecting veterans, servicemembers, and their families.
The Council, originally comprised of five state agencies, currently consist of the following 22 Texas agencies and departments:
Department of Aging and Disability Services
Office of Public Utility Counsel
Texas Department of Licensing and Regulation
Texas Workforce Commission
Department of Assistive and Rehabilitative Services
State Bar of Texas
Texas Department of Motor Vehicles
Texas Workforce Investment Council
Department of Family and Protective Services
Texas Commission on Jail Standards
Texas Department of Public Safety
Texas Veterans Commission
Department of State Health Services
Texas Commission on Law Enforcement
Texas Department of Transportation
Texas Veterans Land Board
Health and Human Services Commission
Texas Department of Criminal Justice
Texas Higher Education Coordinating Board
Office of Acquired Brain Injury
Texas Department of Housing and Community Affairs
Texas Military Department
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Senate Bill 1796 enabled the TCCVS to establish workgroups to focus on specific policy areas affecting veterans, servicemembers, and their families. For the purposes of this report the Council has established the following nine workgroups:
•
Health
Higher Education
Transportation
Mental Health
Criminal Justice
Women Veterans
Employment
Housing
Pro Bono Legal Services
Pursuant to legislative direction of Senate Bill 200, 84th Texas Legislature, Regular Session, 2015, the Health and Human Services Commission (HHSC) consolidated agencies to streamline similar business functions. The Department of Aging and Disability Services and the Department of Assistive and Rehabilitative Services were abolished. Their programs and functions were transferred to HHSC and the Department of State Health Services. Pursuant to the legislative direction of Senate Bill 208, 84th Texas Legislature, Regular Session, 2015, the functions of Vocational Rehabilitation, Independent Living Services for older individuals who are blind, and the Criss Cole Rehabilitation Center were transferred from the Department of Assistive and Rehabilitative Services to the Texas Workforce Commission.
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Health Workgroup
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Health Workgroup Veteran Need #1 Veterans and their families in rural areas do not have adequate access to health care and related services. Recommendation: • State and local government agencies play a critical role in ensuring veterans in rural areas of the state can access health care and other veteran-related services. These entities should make every effort to conduct outreach and engagement campaigns to promote health among their veteran populations. • Targeted outreach and engagement funding for veteran healthcare and support services in rural parts of the state must be made available to state and local government agencies to effectively promote awareness of healthcare services and resources. Reporting on such efforts should become prioritized to ensure accountability for efforts to improve healthcare outcomes for veterans is achieved and maintained. Background: The majority of VHA Medical Centers (United States Department of Veterans Affairs Hospitals and United States Department of Veterans Affairs Outpatient Clinics) are in metropolitan areas. The VHA has established Community Based Outpatient Clinics (CBOC) in smaller cities throughout Texas. Through the United States Department of Veterans Affairs (VA) Choice program, the VHA has provided contracted medical services for those areas not served by the VA medical facilities and to reduce the patient appointment wait time. Therefore, there are many veterans who live in rural areas who find it difficult to access VA medical care. The VA is improving its telehealth services to provide better access. However, being in rural areas presents specific challenges to implement (connectivity, bandwidth, maintenance, etc.). The VA is addressing these challenges by providing telehealth/telemedicine access to veterans via cellular phone technology. Rural veterans find it difficult to travel to their appointments because of the long distances. The VHA’s Veterans Transportation Service (VTS) has established a network of transportation options for veterans through joint efforts with VHA’s Office of Rural Health, Veterans Service Organizations (VSOs), community transportation providers, federal, state, and local government transportation agencies, non-profits, and Veterans Transportation Community Living Initiative (VTCLI) grantees. The VTS is currently in place in the El Paso, Dallas, Amarillo, Big Spring, and Harlingen facilities. Through the VA Highly Rural Transportation 6|Page
Grants, The Texas Veterans Commission Fund for Veterans Assistance (FVA) provides transportation funds for highly rural counties to transport veterans to their medical appointments.
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Mental Health Workgroup
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Mental Health Workgroup Veteran Need #1 There is a need for increased access to trauma informed, military culturally competent mental health services. Recommendations: • Encourage higher education entities (i.e., state colleges and universities) offering degrees in and related to mental health to include education on the unique mental health needs of service members, veterans, and their families (SMVF). • In efforts to promote military cultural competency and to address mental health workforce shortages, promote/encourage the development of supervised learning opportunities with SMVF through internships, externships, practicum rotations, and postdoctoral fellowships. • Encourage Texas professional licensing boards to promote military cultural competency as a valued opportunity to meet continuing education requirements. • Encourage/require state agencies and institutions likely to interact with SMVF to implement a military cultural competency training requirement for staff. This is notably relevant in higher education, community healthcare, mental health, and employment settings. • Promote military cultural competency training and certification opportunities that include focus on the impact of service-related traumas including traumatic brain injuries, posttraumatic stress, comorbid diagnoses, moral injury, and military sexual trauma. • Enhance strategies to address the needs of family members of veterans and service members to include specific emphasis on spouses, children, and caregivers. • Promote efforts aimed at early screening of prior military service (e.g., Ask the Question “Did You Serve?” Campaign, etc.); especially those that ask about military service over “veteran” status to enhance service connection. • Enhance outreach strategies, media campaigns, and public service announcements aimed at promoting veteran mental health needs and available state and local services. • Increase internal supports among organizations to address on-the-job secondary trauma exposure among workforces made up of veterans and those serving veterans. Veteran Need #2 Suicide prevention and intervention for Service Members, Veterans, and their Families (SMVF) is a continued need. Recommendations: • Encourage the prioritized use of evidence-based and clinical best practices for suicide prevention training (e.g., AS+K, ASIST, QPR, SAVE, etc.), lethal means training (e.g., CALM), suicide screening (e.g., C-SSRS, etc.), suicide intervention (i.e., crisis 9|Page
•
• •
• •
• • • • •
• •
intervention training, mobile crisis outreach teams), and suicide postvention (e.g., loss teams, critical incident debriefs, caring contacts, psychological autopsy/root cause analyses, etc.). Promote and accelerate strategies aligned with the recommendations put forth by the forthcoming Texas State Plan for Suicide Prevention, Statewide Behavioral Health Coordinating Council’s Texas Statewide Behavioral Health Strategic Plan, Workforce Behavioral Health Plan, Long-Term Action Plan, and 988 Implementation Plan. Promote suicide prevention, intervention, and postvention strategies for SMVF that include focus on the needs of family members of veterans and service members to include specific emphasis on spouses, children, and caregivers. Encourage access to education on advanced risk factors for suicide among veterans including comorbid physical disabilities, traumatic brain injury, homelessness, justice involvement, and the early transitional period out of military service. Specifically, enhance strategies for SMVF who are diagnosed with disability so that risk factors, protective factors, and screening for suicide can be evaluated immediately at the time of diagnosis. Promote and enhance efforts aimed at early screening of prior military service (e.g., Ask the Question “Did You Serve?” Campaign, etc.) in tandem to suicide risk screening (e.g., C-SSRS). Encourage/require all Texas healthcare providers, including physicians, nursing staff, and licensed mental health professionals to receive suicide prevention and intervention training to attain licensure and as part of their continuing education and licensure renewal requirements. Encourage/require state agencies and state grantees who directly work with SMVF to take advantage of free training in suicide gatekeeping and military cultural competency offered by the Texas Veterans Commission, the VA, and others. Encourage/require all state agencies serving veterans to develop internal suicide prevention/intervention plans. Promote local multidisciplinary collaborative strategies including those implemented by the Mayor’s Challenges to Prevent Suicide Among Service Members, Veterans, and their Families in Austin and Houston. Encourage/require higher education entities (i.e., state colleges and universities) that offer degrees in mental health related fields to include suicide prevention and intervention in their curriculum. Promote partnerships between state/local government and community partners through supporting the building and strengthening of multidisciplinary local veteran serving coalitions leveraging local providers and volunteers (e.g., Texas Suicide Prevention Collaborative local coalitions, Military Veteran Peer Network, etc.). Promote/encourage state standardization in methodology related to defining and determining cause of death, data collection/sharing, and reporting deaths by suicide among all medical examiners, coroners, and justice of the peace. Enhance outreach strategies, media campaigns, public service announcements aimed at promoting veteran mental health needs, suicide prevention efforts, and available state and local services (e.g., Veterans Crisis Line, TVC Buddy Check, VA promotions, interagency collaborations, etc.). 10 | P a g e
Veteran Need #3 Criminal justice professionals (i.e., court professionals, law enforcement, jail-corrections, community supervision, etc.) need training on veteran mental health needs to increase positive outcomes in community interactions, diversion, and reentry. Recommendations: • Encourage opportunities for professionals to receive training tailored to addressing veteran mental health needs in the criminal justice arena including military cultural competency, crisis intervention training, reentry planning, etc. • Encourage that Texas Commission on Law Enforcement (TCOLE) 4067, Trauma Affected Veterans, become a requirement for all law enforcement officers to create a safer environment for both veterans and law enforcement in Texas. • Encourage efforts including those by TVC’s Justice Involved Veteran Program to support the Veteran Treatment Courts across Texas through technical assistance and training opportunities for all court personnel attuned to the unique needs of justice involved veterans and best practices. • Promote continued training opportunities for correctional staff and community supervision on evidence-based and best practices shown effective in the rehabilitation of justice involved veterans (e.g., veteran-specific programming, peer services, veteran dorms/pods, reentry planning, etc.). Veteran Need #4 There is a need for accessible, local, equitable, evidence-based interventions (i.e., community mental health, mobile crisis outreach, telehealth, etc.) for veterans in rural & metropolitan areas across Texas. Recommendations: • Prioritize efforts that pay special attention to equitable access for all veterans and address accessibility barriers including distance, physical disabilities, transportation, discharge status, and others. • Promote and strengthen existing partnerships between state/local government and community partners through multidisciplinary local veteran serving coalitions (e.g., Texas Veterans Network, Texas Suicide Prevention Collaborative local coalitions, etc.), utilizing faith-based organizations and community partners (e.g., TVC’s Faith and Allegiance Initiative, etc.), and local peer services (e.g., Military Veteran Peer Network). • Promote strategies specifically aimed at mental health and supportive services for former service members who may not qualify for services through the VA or may have barriers to accessing VA due to factors including rural location, discharge status, federal activation status, etc. • Promote and enhance the Veteran Counselor pilot program stewarded by TVC and HHSC and local mental health authorities, as it aims to increase access to accessible and
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evidence-based treatment specific to SMVF across Texas through telehealth and inperson sessions. • Develop and prioritize efforts to address the statewide workforce shortages and positions with high turnover rates among state and local organizations that serve SMVF. Such efforts should include leveraging the opportunity to increase access to telehealth therapy for SMVF, especially for those in rural communities. • Encourage efforts to increase the number of mobile crisis outreach teams in local mental health authorities. • Promote community-based efforts (i.e., TVC’s Faith and Allegiance Initiative and the VA’s Community Clergy Training Program) that utilize faith-based communities as an opportunity to identify veterans who may be struggling and bridge connections to available services. Such efforts are of significant relevance in rural communities where access to the VA and community providers can be limited. Veteran Need #5 There is a need for increased access to peer services for Service Members, Veterans, and their Families (SMVF) in rural and metropolitan areas across Texas. Recommendations: • Support strategies to promote and enhance the Military Veteran Peer Network, including ways to expand the presence of TVC-Certified Peer Service Coordinators to better serve SMVF in their local communities. The need for more Peer Service Coordination is particularly relevant in rural and frontier parts of the state. • Develop strategies to expand the use of peer support in Veteran Treatment Courts as an effective component to strengthen efforts to reduce recidivism and promote recovery. • Encourage strategies (e.g., Faith and Allegiance Initiative, chaplaincies) that aim to leverage peer opportunities within communities of faith and congregations. • Support efforts to increase access to veteran peer support within jails and prisons across Texas by increasing the number of veteran pods. These efforts could strengthen successful community reentry efforts and aid in reducing recidivism. • Encourage the development and strengthening of local SMVF affinity groups across Texas, especially in rural areas with limited access to VAs and few community resources. • To promote an effective continuum of care, encourage utilization of multidisciplinary service approach to address veteran mental health needs including physicians, mental health professionals, and trained peers.
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Employment Workgroup
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Employment Workgroup Veteran Need #1 There is a need for a transferable veteran hiring preference for veterans with an unemployability rating to the veteran’s spouse. Recommendation: An online certification and consent form would allow the veteran to transfer Veterans Hiring Preference benefits; and inform agencies of the benefit transfer. The consent form would be signed by the veteran and presented with the spouse’s employment application. The veteran would be required to include the Department of Veteran Affairs Summary of Benefits Letter. This process would be like the Hazlewood Act Exemption benefit transfer process for veterans. Background: In 2015 Governor Greg Abbott signed the Military Veterans Full Employment Act. The Act applied the Veteran Preference to state agencies and institutions of higher education. The enactment of this closely aligned the eligibility of Veterans Hiring Preference with Federal Regulations and eligibility for preference. The derived preference was established for the Federal program though the Veterans Employment Opportunity Act of 1998. According to the Texas Workforce Investment Council’s 2019 Veterans in Texas Report, over 34% of Veterans in Texas have a VA disability rating between 70% to 100%. From Department of Veteran Affairs reports we estimate that 12% to 14% of these veterans have an Individual Unemployability rating. The spouse of these Veterans with an unemployability rating in most situations is going to be the primary income for the veteran’s family. Affording the spouse with the Veterans Hiring Preference will provide greater opportunities for sustainable income and a better quality of life for the veterans and their family. 1. Under the derived Veterans Hiring Preference rule, the spouse, widow, or widower, of a veteran may be able to claim the preference if the veteran is unable to use the preference. The interview selection for eligible spouses/dependents should mirror the requirements outlined in Senate Bill 805. This benefit would align with the Gold Star Fathers Act of 2015, which extended the hiring preferences for federal civil positions to fathers with the same. 2. Aligning the state Veteran Preference with the federal program will assist in alleviating confusion between the two levels of government and the benefits derived from military service. The workgroup agrees that in order to ensure the best interest of the veteran that the Veterans Hiring Preference should have transfer ability if the veteran is deemed unemployable by the Veterans Administration (VA). 14 | P a g e
3. The priority in which the state’s Veterans Hiring Preference would be applied would be in the following order: a. a veteran, including a veteran with a disability b. veteran's surviving spouse who has not remarried c. an orphan of a veteran if the veteran was killed while on active duty d. spouse of a veteran with a unemployability rating with a total disability rating between 70% to 100% from the U.S. Department of Veteran Affairs. Veteran Need #2 Active-Duty Military spouses are often underemployed and experience far higher unemployment rates than their civilian counterparts. Recommendation: Providing active-duty and Title 32 military spouses with a hiring preference for state government jobs will lower the unemployment rate of military spouses and will provide sustainable income and a better quality of life for military family members. Background: Before the COVID Pandemic, there was a national focus on military spouse unemployment. A January 2022 Military Times article cited that the Department of Labor estimated the military spouse unemployment rate is 3 times higher than the veteran unemployment rate. The Department of Labor estimated the military spouse unemployment rate to be 13%. Other organizations closely align with military spouses state the military spouse unemployment rate is as high as 24%. Joining Forces’ Strengthening America’s Families (September 2021) report cited a survey that found, “39 percent of military families reported discussing leaving active-duty military service because of challenges with spouse employment, and of those who had already transitioned, 32 percent cited their own work or career as a major driver in that decision.” Military Spouse Career Journeys: Examining Entrepreneurship, Remote Work, and Upskilling as Drivers of Economic Success for Military Spouses (United States Chamber of Commerce Hiring our Heroes & Burning Glass Technologies, September 2020). Retention rates of active-duty military can be greatly affected by military spouse employment issues. Reasons for the higher unemployment rates among military spouses as compared to their civilian counterparts include multiple moves related to the active-duty service member’s career, not meeting licensing requirements and lengthy procedures from state-to-state, lack of employment opportunities that provide flexible work schedules, and reluctance of employers to hire military spouses due to the frequent relocation among military families. Military spouses are educated, talented and hard working. The military family often counts on the income of a civilian spouse for the military family to make ends meet. Military spouses that are career driven often must sacrifice their careers for the service member to remain in the 15 | P a g e
military. In many situations, if the spouse does not find gainful fulfilling employment, this leads to the service member exiting the service hurting retention. Several years ago, the federal government developed a military spouse hiring preference to support retention and sustainable income for the family. The workgroup agrees that adding a Military Spouse Hiring Preference, to the existing Veterans Hiring Preference is in the best interest of the military family and demonstrates how the State of Texas is working to solve unemployment for military spouses residing on or near military installations in Texas. 4. To qualify for the hiring preference, the spouse’s service member must be on active duty. 5. The priority in which the State’s Veterans Hiring preference would be applied would be in the following order: a. a veteran, including a veteran with a disability b. veteran's surviving spouse who has not remarried c. an orphan of a veteran if the veteran was killed while on active duty d. spouse of a veteran with a unemployability rating with a total disability rating between 70 to 100 from the U.S. Department of Veteran Affairs. e. Military spouses of an active-duty veteran including National Guard and Reserve Service Members on active duty. Veteran Need #3 There is an ongoing need to streamline the information for Occupational Licensing requirements in Texas, for military service members, military spouses, transitioning service members and veterans. Recommendation: The workgroup agrees that an Occupational Licensing Page should be established on the Governor’s Veterans Web Portal. The page should list all the state’s occupational licensing authorities and what they license. The licensing agencies or regulatory bodies would provide a link on their webpage that would direct the military service member, military spouses, transitioning service members and veterans to the agency’s specific Military Licensing page that would provide information on how to apply for and obtain the Texas license in that occupational field. Each licensing agency or regulatory bodies would provide a detailed process of how to apply for their specific occupational license. Background: Texas is second in the nation for veteran population, combined with the population aboard it’s numerous military installations. Over the past several Texas Legislative sessions numerous bills were passed related to occupation licensing for military service members, military spouses, and veterans. • 86th R SB 1200: Relating to the authority of certain military spouses to engage in a business or occupation in this state. 16 | P a g e
• 86th R HB 971: Relating to proficiency certification of law enforcement officers with military service. • 83Rd R SB 61: The bill amends the Occupations Code relating to the licensing and regulation of military physicians who provide voluntary charity health care. • 83rd(R) SB 242: Relating to the eligibility requirements for certain occupational licenses issued to applicants with military experience, • 83rd (R) SB 162: Relating to the occupational licensing of spouses of members of the military and the eligibility requirements for certain occupational licenses issued to applicants with military experience. • 83rd (R)HB 1960: Relating to reciprocity for emergency medical services personnel certification for certain United States military personnel. • 83rd (R) HB 2254: Relating to apprenticeship requirements for occupational licenses issued to applicants with military experience. • 83rd (R) HB 2135: Relating to waivers and grants of credit for the requirements to obtain certain private security licenses to individuals who hold security credentials from the United States armed forces. • 83rd (R)HB 2028: Relating to the eligibility requirements for plumbing licenses issued to applicants with military service. • 83rd (R) HB 2029: Relating to the eligibility requirements for electrician licenses issued to applicants with military experience. • 83rd (R)SB 229: Relating to an exception to the domicile requirement for issuance of a commercial driver's license for certain military personnel. SB229 can be used as the precedent for the Texas Legislature to enact further legislation regarding the occupational licensing or certifications of service members, veterans and spouses who meet the eligibility requirements across state lines. • 84th R SB 389: Which requires state agencies to place corresponding military occupation specialty codes on each of their job postings. • 84th R SB 807: Waives the state license application and examination fees for military members, Veterans, and their spouses. • 84th R SB 1307: Ensures that every military spouse, Veteran, and servicemember gets credit for their skills and have their occupational licenses expedited. Texas has done its part in passing the legislation to address the occupational licensing for military service members, military spouses, and veterans. The main issue is the difficulty in finding the information because it is disjointed and fragmented. Veteran Need #4 There is a need to increase the number of veterans hired by state agencies to accomplish the 20 percent goal, as required by the Texas Government Code, Section 657.004. Recommendation: 17 | P a g e
The workgroup agrees to increase the focus on State Agencies increasing the number of Veterans in their workforce. The workgroup makes the following recommendations: 1. State agencies who have not met the 20% goal of veterans in their workforce must designate 10% of posted positions for veterans only, for five business days. If the position is not filled with by a veteran on the first posting, the position would be open to the public on the second posting. Agency determines the positions 2. State agencies who have not met the 20% goal of veterans in their workforce must hire or designate Veteran Recruitment and Retention Specialist(s) who conducts outreach activities and oversees recruiting requirements to promote veteran recruitment and retention for the agency until the agency meets the goal of 20%, as follows: • less than 500 employees, must hire or designate at least a part-time Veteran Recruitment and Retention Specialist; • 500 or more employees must hire or designate at least a full-time Veteran Recruitment and Retention Specialist. 3. State agency HR Directors, Veteran Liaisons and Veteran Recruitment and Retention Specialist would undergo a virtual or in-person training seminar on the DoD Skillsbridge program. The purpose of the training is to educate HR Directors Veteran Liaisons, and Veteran Recruitment and Retention Specialist on the benefits of participating in the DoD Skillsbridge program to identify talent to fill their workforce. 4. Disabled Veterans will count as 1.5 full-time equivalent employees towards the 20% goal of veterans within a state agencies workforce. 5. Add to the state application a statement that informs service-connected disabled veterans that in order to receive disabled veteran hiring preference they must provide proof of serviceconnected disability Background: The 84th Texas Legislature passed SB 805 establishing the state agencies to have a goal of 20% of their workforce comprised of U.S. Military Veterans. SB 389 also was passed by the 84th Texas Legislature that listed military occupational specialty codes on certain state agency employment openings. State agencies have made limited progress in reaching the 20% goal set forth by the Texas Legislature. According to the 2022 1st, 2nd, and 3rd Quarter Veteran Workforce Summary Reports, the percentage of veterans employed by the State of Texas is 6.03% 1st QTR 2022, 5.98% 2nd QTR 2022, and 5.94% 3rd QTR 2022. The State of Texas is well short of the goal of 20%. Several private employers across the country have hired military veterans as Veteran Recruiters for their companies. The veteran recruiter can translate veteran’s knowledge, skills and abilities to other human resources staff members and to hiring managers. Veteran Recruiters work one on one with veterans to help them understand how to apply for the company’s positions by 18 | P a g e
explaining the resume, application, interview and hiring process. The veteran recruiter also works to maintain the retention of veterans within the company. With all the military installations in Texas, Texas State agencies have an opportunity to participate in the DoD Skillbridge program. The DoD Skillbridge program provides transitioning service members an opportunity to conduct an internship with employers during their last 4 to 6 months of military service. Texas Veterans Commission and Texas workforce Commission have staff who work on the military installations who can assisted in connecting the transitioning service members with internship opportunities with Texas State Agencies. This provides Texas State agencies a chance to use the Veteran Direct Hire provision already in the Government code to hire the transition service member/veteran.
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Higher Education Workgroup
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Higher Education Workgroup Veteran Need #1 Student veterans and other eligible persons do not have knowledge of the grievance and adjudication processes available at their Institution of Higher Education (IHEs), regarding the awarding of the Hazlewood Act tuition exemption. Recommendation: To assist Hazlewood Act applicants, this workgroup recommends all Institutes of Higher Education (IHEs) inform all applicants seeking tuition exemption under the Hazlewood Act of the grievance and adjudication processes available should the exemption be denied. It is recommended that IHEs provide a fact sheet to each applicant identifying the roles and responsibilities of each party identified in the IHE’s process; procedures for submitting a grievance; timeline for the grievance process; and authority of the IHE to adjudicate the grievance. This workgroup recommends that rule-making authority be granted to the appropriate state agency to develop administrative rules to support this recommendation, and that no matter which agency is granted that authority that TVC and THECB consult in developing the rules. The identified agency would prescribe the form and manner in which the notification is to be provided to an applicant and will prescribe the criteria and elements of the notification. Veteran Need #2 Hazlewood Eligibility criteria is not applied in a standardized manner amongst the schools in Texas, and the current legislative language is confusing for IHE administrators and Hazlewood Act beneficiaries utilizing the benefit. Recommendation: Legislature should revise Tex. Ed. Code Section 54.341 and 54.2001 utilizing clear, concise, and declarative language to explain how a veteran qualifies for the Hazlewood Act benefit, maintains eligibility, and under what conditions the benefit may be passed to a Legacy child, a child with own hours, a spouse, and under what specific conditions the benefit will be denied. Veteran Need #3 Veterans and IHEs will greatly benefit from a central repository for Hazlewood Act benefit eligibility records, documents, and applications. Recommendation: The Legislature should appropriate funds for the Texas Veterans Commission to develop a database that allows veterans to upload all documents used for Hazlewood Act qualification (DD 21 | P a g e
Form 214, marriage certificate, birth certificate, certificates of eligibility, etc.) into a central repository utilized by all IHEs. These documents would then be available to all IHEs for reference if the student transfers beneficiaries to a different school, changes category or qualification (Legacy to child with own hours) and streamlines the application process for both and IHE administrative staff (saving time and money for the IHE). The database should meet all security, DIR and FERPA standards. Veteran Need #4 There is a need to update the Texas Education Code to reflect equality. Recommendation: In enacting programs to benefit veterans, the Legislature should keep in mind to refer to all veterans and to revise current statutes to be inclusive of all veterans’ groups. A specific example is in Tex. Ed. Code Section 51.304, which should be revised to reflect all veterans and not specific genders.
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Criminal Justice Workgroup
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Criminal Justice Workgroup Veteran Need #1 Increased access to veteran status for justice involved veterans. Recommendation: • Revise language in current statute-Govt Code 511.009(17) • Revise automated system in place-Veterans Check via TLETS Veteran Need #2 Currently there is no standard recidivism rate definition in Veterans Treatment Courts (VTC). Effectiveness for courts is generally based on recidivism and having a standard, uniform definition would make a stronger case for increasing funding. Recommendation: Texas should add a standard definition of recidivism in the Veterans Treatment Court Statute. The Texas Judicial Council should direct the Texas Office of Court Administration (OCA) to develop guidelines to establish a uniform recidivism rate definition for veteran’s treatment courts for adoption by the Council; and, require OCA to compile the recidivism data for a 10-year period. Veteran Need #3 Incarcerated veterans need access to veteran specific mental health, substance use and peer support programming and services while incarcerated and upon release to the community. Recommendation: Recommend increased collaboration amongst state agencies, institutions of higher learning, and local veterans support organizations, including volunteer and faith-based organizations, to provide support and funding for veteran specific PODS/Dorms and county jails. Veteran Need #4 Criminal Justice professionals may not be well trained in veteran needs. Recommendation: The passing of the Sandra Bland Act (2017) requires all Texas LEOs to be trained in 40 hours of Crisis Intervention Training (CIT) as part of their basic peace officer course. The state should encourage/require that Texas Commission on Law Enforcement (TCOLE) 4067, Trauma Affected Veterans, Criminal Justice professionals become a mandatory class for all Criminal Justice Professionals with four or more years of service to create a safer environment for both veterans and LEO in Texas.
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Housing Workgroup
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Housing Workgroup Veteran Need #1: Texas Tax Code 11.22(b) which provides a property tax exemption to disabled veterans, has not been revised since 2001 to account for economic inflation, the increase in cost of living, and housing costs. Recommendation: Modify Texas Tax Code 11.22 (b) to be indexed for inflation. Background: Many Texas veterans on fixed incomes struggle to meet the significant rise in home values. This is a cause for concern due to the associated increase in property taxes. Disabled veterans who are currently living in Texas and have a VA disability rating may meet the eligibility requirements for property tax reduction. Disabled veterans who meet the qualifications outlined in the Texas Tax Code 11.22 may receive an exemption of up to $12,000 off the value of one piece of property they own for tax purposes. The following schedule, as outlined in Tax Code 11.22(b), is used to determine a disabled veteran’s exemption: An exemption of up to: $5,000 of assessed value $7,500 $10,000 $12,000
At least: 10% 30% 50% 70% and over
But less than: 30% 50% 70%
Therefore, a disabled veteran living in Texas who owns a home and is rated by the VA at 60% service-connected disability would be eligible to receive a $10,000 reduction off the value of their home for property tax purposes. The dollar amounts used in the above schedule were set by HB 2812 (77th Legislature, 2001) and have not been adjusted since then. Currently, Texas Tax Code 11.131 provides full property relief for Texas veterans, who have a 100% VA disability rating due to a service-connected disability. Veteran Need #2 Veterans and their families who are experiencing or are at-risk for homelessness would benefit from a statewide risk mitigation collaborative program preventing homelessness. Recommendation: The creation of a statewide risk mitigation fund by local governments, similar to those used in other states such as Florida, could be used by private property owners who wish to serve “at-risk” and low-income veterans and their families. Funds would be available to offset financial losses encountered by property owners who participate in the program and serve eligible veterans. 26 | P a g e
Background: Risk mitigation funds can be an effective tool for encouraging landlords to rent to tenants they consider to be high-risk, like veterans transitioning out of homelessness. In 2016, the United States Interagency Council on Homelessness (USICH) conducted a study of successful risk mitigation funds established in four major metropolitan areas. Their findings are available at: https://www.usich.gov/tools-for-action/engaging-landlords-risk-mitigation-fundscommunityprofiles. A risk mitigation fund will provide housing for tenants with low-income, evictions, poor credit, those experiencing chronic homelessness and criminal records for Texas veterans and their families to have suitable housing. Within Texas, households that spend more than 30% of their income on housing with those earning less than $50,000 are more likely to be cost burdened. The constricted rental markets create greater competition for individuals and families seeking a limited number of affordable units. This is a greater challenge for those families with low rental capital, homelessness, joblessness, substance abuse and mental illness. Landlord risk mitigation funds are strategic in providing financial guarantees for landlords who rent to individuals with additional housing barriers. Local governments would work with the Chamber of Commerce to establish and manage the mitigation program and input from local apartment associations. Monitoring would be conducted by a state entity or local agency that provides statewide housing oversight. The methods of funding can be generated through donations, city government, code enforcement revenue, a regional mayors’ caucus, private donors, local property management firms, and the county, city and the United Way. A landlord/tenant liaison office would be established to manage landlord, agency, and tenant participation, outreach and claims processing. This landlord/tenant liaison office would be staffed by a local non-profit specialized in homelessness, with logistical support from the city government and financial support from the city and Chamber of Commerce. Agency participation is established through coordinated intake systems or signed agreements with its landlord liaison staff. The funds would cover deposits and administration fees, property damage (after deposit is applied), unpaid rent, damages for breach of a lease and unit holding fees. The payouts would assist in covering a half of monthly rent (up to $600) to hold a unit, an established minimum amount for property damage with minimal verification, with $2,000 (± $1,000) additional on a case-by-case basis. These funds would be available to Department of Housing and Urban Development - Veterans Affairs Supportive Housing (HUD-VASH) participants, veterans and their families with barriers to suitable housing. Veteran Need #3 Affordable Housing solution that would assist homeless veteran, justice involved or “Hard to place Veterans” and seniors. Recommendation: Several communities nationwide have reutilized surplus government property and buildings to permanently house Veterans and low-income families with great success. Texas is fortunate to have similar untapped resources and facilities to meet this growing need now, and in the
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foreseeable future. This workgroup recommends reutilizing surplus government property and buildings to permanently house Veterans and low-income families. Background: Unfortunately, major cities in Texas and the nation have a large undersupply of affordable housing stock for low-income veterans and their families and individual veterans with barriers such as criminal records, disabilities, little or no income, and those who require intensive case management to sustain their housing. Several buildings could be listed on the National Historic Landmarks record making them eligible for preservation funds, grants, and federal tax incentives. Additional funding sources: City, State, County (ESG and CDBG), HUD, VA, Corporate, Private, Internal program development (Janitorial and Landscaping businesses) & Rents. Federal Grants such as Supportive Services for Veteran Families (SSVF), HVRP & IVTP can also provide funds for clients. The burden and challenge for non-profit services providers has always been to identify housing options for those who only qualify for 16% of the available market. Most apartment complexes require three times the rental amount in income which prevents those on disability or social security from acquiring customary affordable housing. For example, a Senior Citizen on a fixed income would only qualify for an apartment rental rate of $400 a month if their retirement benefit is just $1,200. Outside of traditional senior housing which has a long wait list, the options are extremely limited for single seniors especially those who are transitioning from owning a home to an apartment for the first time. While the homeless veteran population has stabilized to some extent, a need is still there for low income housing options. The average age for homeless veterans is 55 years old with an income at or below $1,000 a month from VA or Social Security benefits. Again, housing options remain limited due to income or the inability to qualify for additional VA and Social Security Benefits. While the recidivism rate remains low, those returning to homelessness expressed their desire to living among fellow veterans who understand their needs and can provide peer support. This is understandable when you consider that the most effective programs in the United States for homeless and at-risk veterans are community-based, nonprofit, “Veterans helping Veterans” organizations. Programs that do work best, feature permanent housing with the camaraderie of living in structured, substance-free environments, with fellow veterans who are succeeding at bettering themselves. Within the last several years, a new demographic has emerged as more community colleges have requested assistance with housing or sheltering some of their students. Recent estimates suggest that close to 5% of community college students are veterans. Because community colleges do not offer dormitories, those students who cannot afford an apartment are forced to stay with friends or family for short durations or live on the streets or in shelters. This unseen homeless population has been overlooked for years and is rarely reported outside of anonymous surveys and is exceptionally hard to identify these individuals during the annual Point in Time (PIT) Count of the homeless population. Unfortunately, these students would not qualify for most housing programs, and shelters are not an ideal or suitable long-term housing option for college students. 28 | P a g e
There is a clear and identifiable need for an alternative housing solution that will meet the social, economic, and environmental needs of senior citizens, veterans, college students, and individuals who require permanent supportive housing on a limited income. Regrettably there are no alternative housing options currently available to support this population but a possible solution. Some government buildings were designed as the Bachelor Officer Quarters (BOQ). These buildings are quite adequate to be reutilized as Permanent and Transitional Housing with office space available to offer supportive services not only to the residents, but the community in whole. It could be possible to assign floors and wings to designate groups like seniors, veterans, or students. Most of the rooms offer a living space with individual bathroom, kitchenette, refrigerator, microwave, and furniture. Also located on each residential floor are domestic kitchens and several laundry rooms for the residents. The acreage surrounding the area can be appealing to all the aforementioned groups. Veterans will instantly recognize the area as former military and find it not only familiar and peaceful, but also like returning home. Seniors would enjoin the tranquility of the vast open spaces, the security and privacy of the facilities, and abundant community activities. College students would quickly identify the area as a major college campus and its appeal as a stress-free lifestyle complete with ample indoor and outdoor recreational facilities. By utilizing the upper-level floors in a building as residential apartments, the first floor would be available for supportive services. Individual agencies would be able to provide additional housing programs, medical clinics, financial support, case management, mental health counseling, transportation, and other supportive care. Like similar facilities across the country, a VA Community Based Outpatient Clinic could be located on site as well as benefits enrollment. The larger spaces in both buildings could also be used for satellite college classrooms, senior activities, vocational rehabilitation, or rented out for community events. The potential for these two buildings is unlimited in terms of permanent or transitional housing. It meets or exceeds the current demand for low-income individual housing units and bridges the gap between residents and access to social services by consolidating resources on site. The benefit of such a master planned community is immeasurable to the residents and reduces the overall economic impact on taxpayers and limited community resources as seen in similar projects. Several communities nationwide have reutilized surplus government property and buildings to permanently house veterans and low-income families with great success. Texas is fortunate to have similar untapped resources and facilities to meet this growing need now, and in the foreseeable future. Organizations and agencies will be briefed on this project and will be encouraged by its potential and the concept of a consolidated resource center that encompasses alternative permanent housing for such a wide demographic. Veteran Need #4 Homeless veterans require a method of communication to access benefits they have earned. Recommendation: Request that the Texas Legislature examine the possibility of coordination with public and private sources to provide internet accessible phones to veterans. 29 | P a g e
Background: Homeless veterans obviously lack stable housing which precludes government agencies and nonprofit organizations from mailing information and forms about programs of assistance. This places a greater emphasis on the need for homeless veterans to have internet accessible phones, as well as reasonable data plans, allowing them to have access to information as well as communication with agencies of assistance. A fairly recent study from the D’Aniello Institute for Veterans & Military Families at Syracuse University said: “Using mobile communication as a mechanism for more consistent communication with healthcare and other service providers could help improve homeless veterans overall health and wellbeing. Therefore, homeless veterans who have trouble maintaining contact with healthcare providers should request mobile communication assistance. Counselors and social workers who work with homeless veterans should inquire on their veteran’s mobile usage to determine if a mobile- based plan of communication would be beneficial. If veterans report having irregular access to mobile communications, counselors and social workers should identify barriers to access and work with veterans to devise a contingency plan for contact, including when their mobile device is out of service, lost, or stolen. Service provider offices should consider offering mobile and internet technology services to homeless veterans and other at-risk populations. Ensuring that homeless veterans have reliable communication methods as well as access to important benefits and assistance information would improve their physical and mental health outcomes.
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Transportation Workgroup
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Transportation Workgroup Veteran Need #1 Veterans need reliable transportation options for accessing VA medical services. Recommendation: • The VA, VA medical facilities, and regional transit providers should establish formal relationships for communication and coordination to increase access to transportation and promote public/veteran awareness of existing transportation resources available within their community. • As a component of that effort, encourage public transit providers to provide a reduced fare to veterans throughout the state. • Address gaps in mental health services to veterans, including rural veterans, through further development and improvement in state telemedicine programs. • Encourage public transit providers to create more services that provide access to Veterans Health Services and to consider those services in future planning. • Encourage the 24 planning regions to coordinate and integrate services across regions to provide veterans transportation to and from health care. • Encourage public private partnership with ride sharing companies to offer subsidized or discounted fares to disabled veterans who are traveling to medical appointments. Veteran Need #2 Veterans need reliable transportation options for accessing work. Recommendation: • As a component of that effort, encourage public transit providers to provide a reduced fare to veterans throughout the state. • Encourage public-private partnership with ride sharing companies to offer subsidized or discounted fares to disabled veterans who are traveling to employment appointments. • Encourage rural public transit providers to coordinate and work with employers to provide veterans access to employment.
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• Encourage the 24 planning regions to coordinate and integrate services across regions to provide veterans transportation to and from places of employment. • Encourage rural public transit providers to extend operating hours for veterans to access transportation to and from places of employment. • Encourage public private partnership with ride sharing companies to offer subsidized or discounted fares to veterans who are traveling to and from places of employment. Veteran Need #3
Local governments, communities, and service organizations that provide transportation services to veterans need access to funding and resources to ensure the sustainability of their programs, especially in rural areas.
Recommendation: • • •
Veterans can benefit from non-veteran specific transportation resources and funding provided by various state and federal agencies. Prioritize statewide and regional efforts to ensure the needs of veterans (and other members of the public), agency services, and agency resources are coordinated for maximum service delivery, sustainability, and efficiency. Pursue inter-agency partnerships to identify opportunities in federal discretionary grant programs to submit competitive applications.
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Women Veterans Workgroup
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Women Veterans Workgroup Veteran Need #1 Homeless and low-income women veterans, especially those with children, would benefit from affordable housing. Recommendations: 1.Entities of the state which provide services to women veterans seeking housing should be required to ask during intake, “Did you serve in the armed forces?” to better identify available options. 2. State agencies providing housing services to veterans should provide ADA-compliant and eligibility criteria to women veterans and their families. 3. All homeless veterans’ information available should be offered in a manner which empowers veterans to be in charge of their situations. Background: In the VA’s report, The Past, Present and Future of Women Veterans, released February 2017, a GAO study found limited housing for women veterans with children as a barrier when accessing and finding housing. In a recent issue of Task & Purpose, it was reported that women veterans face a greater risk of becoming homeless — 2.4% — compared to male veterans and there is an inadequate supply of affordable housing. In a VA report, Housing Instability Among Women Veterans Accessing Care through the Veterans Health Administration, released in February 2018, it is documented that “there has been a surge in the number of women Veterans…experiencing housing instability.” Additionally, the VA recognizes that, “many women Veterans face challenges when returning to civilian life, including raising children on their own or dealing with the aftereffects of military sexual trauma. Without intervention, these and other issues can put women Veterans at greater risk of homelessness.” There is a lack of public awareness about homeless women veterans. Two contributing factors to homeless women veterans are the failure of women veterans to 1) self-identify as veteran, and 2) ask for help. Additionally, homeless women veterans are more likely to live with friends or in their vehicles for fear of being in proximity to men (especially if they have suffered some form of sexual trauma), or if they have children, fear of losing them. These women do not get counted in the yearly Point-in-Time count conducted by the Department of Labor. If women do not request housing assistance, it is understandable that there are few shelters or housing for women and women with children. For those women who do step forward, the amount of safe shelter or housing available to them is limited or non-existent. Access to shelter and housing is hindered by a lack of the unknown: What types of services are available? Where are the services? What are the eligibility criteria? Will women veterans lose custody of their children to agencies such as Child Protective Services if they seek help for
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housing? While we openly market the host of services available to veterans from claims counseling to employment, there is not much marketing for shelter or housing. Currently, homeless and low-income women veterans have a few options through federal programs to obtain assistance for homelessness. The U.S. Department of Housing and Urban Development and VA Supportive Housing Program (HUD-VASH) partner to provide permanent, supportive housing and treatment services for homeless veterans. One of the focuses of the HUD-VASH Program is to provide special services for women Veterans. The Department of Veterans Affairs' Supportive Services for Veteran Families (SSVF) program VA awards grants to private non-profit organizations and consumer cooperatives who can provide supportive services to very low-income veteran families living in or transitioning to permanent housing. The Department of Veterans Affairs Health Care for Homeless Veterans (HCHV) Programs additionally offers a Homeless Providers Grant and Per Diem Program annually (as funding permits) to fund community agencies providing services to homeless Veterans. The program promotes the development and provision of supportive housing and/or supportive services with the goal of helping homeless veterans achieve residential stability, increase their skill levels and/or income, and obtain greater self-determination. Only programs with supportive housing (up to 24 months) or service centers (offering services such as case management, education, crisis intervention, counseling, services targeted towards specialized populations including homeless women veterans, etc.) are eligible for these funds. Moving forward, marketing the available services while answering questions that may hinder women veterans from seeking services may increase the use of services. We should seek to change the language when marketing services to women veterans. Instead of asking “Are you a veteran?” we should be asking “Did you serve in the armed forces?” or “Have you served in the military?” Lastly, we need to change the current vision of the hopeless-homeless veteran seeking a handout to a resilient-warrior seeking support. A new public awareness campaign about what a veteran looks like, female, fierce, and with children, will not only engage veterans, but the public.
Veteran Need #2 Veterans in Texas would benefit from information on how to obtain affordable and accessible childcare. Recommendations: 1. State agencies and public institutions of higher learning that provide services to veterans should make readily available in an easily accessible format childcare information and options to veterans and their families. 2. Establish more childcare facilities for veterans with incentives.
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Background: In the 2016, TVC Veteran Needs Assessment report prepared by Texas State University, the lack of childcare was cited as an unmet need of women veterans. The nonprofit advocacy group, Child Care Aware of America, reported that Texas has 20 to 29 childcare centers for every 1000 children, ranking among the lowest in the country. In the same report, rural and poorer communities are identified as “childcare deserts.” Veterans, especially low-income, single parent, and millennials—an increasing population among the veteran community—have the greatest need, but have the least access to affordable, quality childcare. The Foundation for Women Warriors, a unique support organization created exclusively for the women veteran community of Southern California, has developed a specific childcare program focused on serving women seeking employment or in school. Identifying this same type of program in Texas has been unsuccessful. Childcare assistance websites associated with the various workforce solution centers across the state provide eligibility requirements and on-line applications, but some websites are difficult to find, difficult to navigate, and lack consistency in appearance across the state. The VA piloted a childcare drop-in service for veterans with medical appointments and the Dallas VA, one of the pilot sites, continues to provide this service. Replicating this model in all VA facilities, especially those that have women’s clinics would be beneficial to veterans. Lack of access to affordable childcare can be self-imposed because a veteran does not ask about childcare. When veterans seek to further their education, or begin to look for work, they take on the challenge of finding childcare on their own, not asking the person filing their benefits claim or helping them with their resume about childcare options. Eligibility criteria is another barrier to access. Veterans who are suffering from post-traumatic stress disorder/military sexual trauma (PTSD/MST) and may not have a VA diagnosis for a disability rating.
Veteran Need #3 Women veterans would benefit from being able to participate in groups comprised of their peers Recommendations: Recommend further funding support for additional non-profits and veterans service organizations that currently operate or are capable of creating effective women veteran peer groups that will expand services by the number of peer groups available and increase the connection among women veterans. Discussion: Texas has the largest women veteran population in the country with an estimated 193,000 women veterans and growing. Women veterans continue to settle their families across the state 37 | P a g e
in vastly populated areas, as well as rural areas. Women veterans typically miss the camaraderie they experienced during their military service, so they seek that camaraderie by connecting with women veteran peer groups. According to the U.S. Department of Veterans Affairs, joining a peer support group can help veterans feel better in a number of ways, such as: knowing that others are going through something similar; learning tips on how to handle day-to-day challenges; meeting new friends or connecting to others who understand; learning how to talk about things that bother them or how to ask for help; learning to trust other people; and hearing about helpful new perspectives from others. Texas women veterans have benefitted from participating in peer groups offered by the Women Veterans Network (WoVeN). WoVeN is a national, peer support network led by women veterans, for women veterans; it’s a foundational 8-week program is designed to enhance wellness, quality of life, family relationships, and career satisfaction by building strong connections among women Veterans. Texas women veterans that participated in WoVeN peer groups went on to become peer leaders to help more women veterans connect. In the past, Texas Veterans Commission Women Veterans Program supported WoVeN by recruiting and sponsoring 8 rural Texas women veterans to participate in the 2-day peer leader training. The peer leader training resulted in increasing the number of peer groups available in rural areas as well as increasing the opportunities for women veterans to connect with their peers. Additionally, local organizations and Texas Veterans Commission Fund for Veterans’ Assistance grantees like Grace After Fire have provided peer-to-peer support groups to women veterans through their Table Talk: Color Me Camo peer support system. Grace After Fire is a nonprofit that provide the means for women veterans to gain self-knowledge and self-renewal. The purpose of their Table Talk: Color Me Camo program is for peers to help peers with the objective to get veterans well by talking to each other and to establish a bond amongst the veterans in their local areas. The overall goal should result in healthy women, healthy families, and healthy communities. Veteran Need #4 Women veterans would benefit from being able to participate in a veteran’s employment job fair with early entry for women veterans. Recommendations: • Recommend additional state funding for veteran employment job fairs, offering early entry to women veterans. • Recommend funding specifically for childcare organizations to provide care for children during the job fair.
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Discussion: With the largest population of women veterans in the nation, Texas women veterans are constantly seeking self-improvement for a better-quality life. Many research studies state that employment or finding a job contributes to overall well-being. According to TVC’s 2020 Women Veterans Report, over 12,000 women veterans sought employment assistance from September 2018 to August 2020. Women veterans are in the job market and requesting assistance with finding employment, but some find it challenging. According to an infographic released by Syracuse University’s Institute for Veterans and Military Families in March 2020, 43 percent of recently separated women veterans reported “finding employment” as a transition challenge. The Wounded Warrior Project’s Women Warriors Initiative Report, released in March 2021, 22 percent of women veterans reported “finding employment” as a challenge. Additionally, women veterans reported that more mentorship, outreach, education, training, and assistance navigating the federal hiring process would be helpful. Additionally, women veteran unemployment rate is always little higher than their male counterparts. According to the US Bureau of Labor Statistics, in June 2021, women veteran unemployment was at 5.5 percent compared to men veterans at 4.7 percent. Additionally, in June 2022, women veteran unemployment was at 3.0 percent compared to men veterans at 2.7 percent. Childcare during the job fair would be helpful to unemployed as well as underemployed women veterans attending the job fair. As previously stated in Unmet Need #2, “veterans, especially low-income, single parent, and millennials have the greatest need, but have the least access to affordable, quality childcare.”
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Pro Bono Legal Services Workgroup
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Pro Bono Legal Services Workgroup The State of Texas has continued to show support for basic civil legal services for veterans. The Supreme Court of Texas grants funds to the Texas Access to Justice Foundation (TAJF), which is the leading funder of legal aid in Texas. TAJF funds nonprofit organizations which offer free civil legal services to low-income Texans. The 87th Texas Legislative session resulted in TAJF receiving an additional $1 million in General Revenue funds from the previous session (bringing the total to 7 million for biennium) for Legal Aid for Veterans (LAV). TAJF supports 21 grants for 14 grantees that provide veteran legal services with funding from the Legislature, proceeds from the annual fundraising gala and other donations. TAJF funds 5 bar association veteran pro bono programs and 3 law school veteran clinical programs which all utilize pro bono attorneys. In the last three years, almost 21,000 veterans were served by TAJF funded legal aid programs in Texas, and during the most recent full grant year, 11,162 clinics, workshops and presentations assisted more than 31,000 veterans. Civil legal aid and pro bono programs across Texas provide much needed legal services to veterans ranging from VA disability, health/mental health, family law, probate issues, consumer debt to income maintenance/public benefits. Additionally, TAJF sponsors Equal Justice Works Fellows annually and has sponsored fellows who have partnered with legal aid to work exclusively on veterans issues. In September 2022, as the Inaugural Terry O. Tottenham Veterans Justice Fellow, Allen Martin of Pepperdine University Rick J. Caruso School of Law will be working for Texas Legal Services Center in Austin to mitigate veteran homelessness and poor health by creating a Medical Legal Partnership at Cedar Park Veterans Affairs Clinic (CPVAC) to meet legal needs for eviction/foreclosure defense, discharge upgrades, financial security, and familial stability. Although there are successful programs to assist veterans with their legal needs, veterans will benefit from additional legal services. According to the Legal Services Corporation’s 2022 Justice Gap Report, low-income Americans did not receive any or enough legal help for 92 percent of their substantial civil legal problems. Additionally, individuals from veteran households did not receive any or enough legal help for 84 percent of substantial problems. The Pro Bono Legal Services Veterans Workgroup has identified the following unmet veterans legal needs: Veteran Need #1 Veterans would benefit from deferred adjudication agreements in Veterans Treatment Courts (VTCs), and increased funding and pro bono focus on facilitating civil expunctions and nondisclosures.
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Recommendation: Veteran Treatment Courts should adopt uniform policies and procedures. Veterans who successfully complete VTC programs should have their charges automatically dismissed and expunged. Veterans should not be required to plead guilty or no contest to qualify for VTC programs. The workgroup also recommends a mechanism for the waiver of fees and associated costs for veterans who file for expunction and nondisclosure of their criminal and arrest records. There should be increased funding for VTCs and other non-profit entities that assist veterans in determining whether they are entitled to expunctions and nondisclosures, properly drafting and filing the necessary paperwork to initiate and complete their cases and providing representation in those cases. Background: VTCs are specialized courts established to specifically address the needs of veterans facing criminal charges, diverting them from incarceration into treatment. VTCs rely on the cooperation and collaboration between the criminal justice system, Veterans Courts, Veteran’s Affairs, community agencies and veterans. VTCs require the judge, prosecutor and defense counsel to collaboratively pursue a path that will help solve the issues the veteran may be experiencing. Partnerships between legal service programs and VTCs to expand VTCs across Texas is needed. According to the Office of the Governor, as of July 2019, there were 30 VTCs in Texas. Within each VTC there are different eligibility and procedural requirements, which include the following: 1. the veteran must be a resident of the county in which the VTC operates or have a pending eligible offense in that county (some VTCs handle only misdemeanor cases, while others handle both misdemeanor and felony cases), and 2. the veteran must have a traumatic brain injury, post-traumatic stress disorder, or other mental illness or disorder that resulted from military service and materially affected the veteran’s criminal conduct at issue. The veteran’s participation in a VTC program should likely achieve the objective of ensuring public safety through rehabilitation of the veteran. VTC applications are reviewed on a case-bycase basis and many factors are considered, including prior convictions. Veterans who participate in VTC programs receive substance abuse and mental health treatment, counseling services, housing assistance, and needed resources to become productive citizens. Veterans also build supportive, healthy relationships with other veterans in the program. However, some VTCs require veterans to plead guilty to the offense and veterans are convicted of the offense, even if they successfully complete the program. Also, not all VTC programs have a streamlined process to allow veterans to file for expunctions and nondisclosures after successfully completing the program. This makes it difficult for attorneys to assist in such cases. VTCs best serve veterans when the goal is to divert veterans from incarceration into treatment. Therefore, if a veteran successfully completes a VTC program, the charges should be automatically 42 | P a g e
dismissed and expunged. Veterans should not be required to plead guilty or no contest to qualify for VTC programs. The Travis County Veterans Treatment Court Track 1 Dismissal Program is an example of a successful VTC program. The Travis County VTC program is a 12 to 24-month program and has 3 levels. Each participant is required to successfully promote through each of the 3 levels. The Travis County VTC has a two-track system; Track 1 Dismissal and Track 2 Adjudicated. For Track 1, a plea is not required, and the bond conditions are changed to reflect participation in the Veterans Court program. When the dismissal is signed, the VTC defense counsel files the expungement which the judge signs. The expungement process is streamlined so it is easily taken care of immediately following the graduating veteran’s final court proceeding. On the other hand, Track 2, involves probated cases and veterans are required to successfully complete probation along with the Veterans Court. Additionally, in certain cases, Texas citizens may petition to have their criminal record expunged or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order. Under Texas Code of Criminal Procedure Chapter 55, an individual may request the expunction of criminal records, and under Chapter 411 of the Texas Government Code, certain citizens may seek a nondisclosure order of their criminal and arrest records. Veterans may qualify for an expunction or a nondisclosure order depending on the crime the veteran is charged with. A properly drafted and filed expunction or nondisclosure case can be difficult to navigate for a pro se veteran. In the 86th Legislative session, a law was passed that waives dismissal or expungement fees for veterans who successfully complete a VTC program. Nonetheless, there is a dismissal or expungement fee, which could be as high as $5,000, for veterans who do not participate in VTCs. In Bexar County, there is a $350-400 filing fee for expunctions not filed within 30 days of graduating a VTC program. Expunctions are very expensive due to the required service fees and process of notifying various law enforcement agencies, courts and third parties to remove records from their data base. In Harris County, there is a $350 filing fee for the petition, and there are additional service fees for all agencies who maintain records of the charge, which can increase the cost to nearly $400. Veterans can suffer increased housing insecurity and joblessness due to criminal and arrest records that the veteran is qualified to expunge. Veteran Need #2 Veterans would benefit from legislation that protects their housing rights and specifically prevents credit-score reporting upon the mere filing of an eviction suit. Recommendation: Eviction information against veterans should be confidential in situations where: 1. an eviction is never ordered, 2. the eviction is due to a foreclosure through no fault of the tenant, or 43 | P a g e
3. after a set amount of time, it is in the interest of justice (e.g., a veteran was a victim of domestic violence and flees the premises without notifying the landlord, who subsequently files for eviction not knowing the veteran was a victim of domestic violence). Background: An eviction almost always has a negative impact on an individual’s ability to secure housing in the future because most landlords perform credit checks on prospective tenants. Unfortunately, an eviction can show up on a veteran’s record even if the veteran won the case or even if the landlord simply filed the case, but a judge never ordered an eviction. An eviction will also appear on a veteran’s record, if they are current on their rent, but the landlord defaults on the rental property’s mortgage and the bank evicts the veteran to take possession of the rental property. If a veteran’s credit report contains any mention of an eviction, regardless of its disposition or whether the eviction was based on rent or other fees owed (such as a violation of a no-pet provision in the lease), the prospective landlord will likely consider other applicants over the veteran with an eviction record. This practice places veterans at a greater risk of housing insecurity and homelessness. Eviction reporting will similarly affect veterans’ future credit card applications, access to housing, and decrease the likelihood that the veteran would be approved for a mortgage or personal loan for seven years after the eviction is reported—even if the veteran was not ultimately evicted through the lawsuit. Veteran Need #3 Veterans would benefit from pro bono representation in child support cases. Recommendation: Provide funding for pro bono programs specifically targeted towards assisting veterans in child support cases. With appropriate training and mentoring, pro bono attorneys could help bridge this justice gap. Background: Veterans and military personnel are often referred to the HEROES program for case-specific child support assistance. The HEROES program was designed to provide family-centered child support services to veteran and military parents whose paternity or child support matters have been complicated by the realities of military service (e.g., deployments, income fluctuations and combat injuries). Through the HEROES program, veterans are partnered with a HEROES child support attorney. They receive: 1) specialized case review and management; 2) personalized assistance with paternity establishment and child support; 3) help in cases where military-related injuries have made the veteran unable to follow a court order; and 4) resources to learn how to best co-parent in unique circumstances. The program requirements are: (1) an active child support case with Office of the Attorney General 44 | P a g e
(OAG), (2) at least one party is a resident of Texas, and (3) the person must be a veteran or active service member. The program does not consider characterization of service and there is no time limit to apply for the program. Additionally, substantiating documentation to confirm an applicant’s status is not required. HEROES Assistant Attorneys General represent the State of Texas, and the OAG is the opposing party in enforcement actions. Therefore, the program cannot and does not represent child support clients. Veterans are required to contact a private attorney or seek legal assistance through the Judge Advocate General (JAG), if they need an attorney to represent them. Additionally, the program does not assist veterans with custody and placement issues. Due to limited resources, civil legal aid programs must place priorities on certain case types. Unless a case involves domestic violence, or other extenuating circumstances, legal aid is not usually able to provide representation in child support cases. Additionally, some veterans do not qualify for legal aid assistance under the income guidelines, which stipulates 200% of the Federal Poverty Guideline and below. Veterans who do not qualify for legal aid assistance with their child support cases potentially face arrearages, child support orders that don’t take into account their changed circumstances (e.g., unemployment, disability, etc.), contempt charges for not complying with child support orders, and not getting the child support their entitled to. Veteran Need #4 Veterans would benefit from pro bono representation and assistance in VA Disability cases. Recommendation: Provide funding for pro bono programs that assist veterans in and encourage pro bono attorneys to represent veterans in VA Disability cases. Background: Due to the highly technical and lengthy nature of VA disability cases, few Texas attorneys make these cases a regular part of their practice. VA disability cases require extensive paperwork and are challenging for veterans to navigate on their own. Cases could take more than 2 years to resolve. Veterans will benefit from pro bono representation in initial VA disability claims, VA disability appeals, connected disability compensation applications, and disability ratings. Baylor Law operates several legal clinics including the Baylor Law Veterans Clinic which is funded by TAJF and assists veterans with free civil litigation services and legal advice. As part of Baylor's commitment to pro bono public service, students step outside the classroom and into the community, meeting and working with veterans with real needs, under the supervision of volunteer attorneys and Baylor Law professors. Since 2012, the monthly clinics serve a veteran population of over 16,000 in McLennan County and the surrounding communities, and over 900 veterans and their families have received legal assistance through the clinics, many of whom cannot afford to hire an 45 | P a g e
attorney. As of 2020, Baylor Law had one legal advice clinic volunteer attorney, a former VA Disability Benefits Staff Attorney, who gave excellent advice and counsel, but did not take cases for further representation. Veterans with initial VA Disability Claims were often referred to the McLennan County Veteran's Service Officer, housed where Baylor provides legal advice clinics. Given the Veteran's Service Officer’s familiarity with developing claims, he is often best suited to assist and determine whether the claim has much merit. For VA Disability Appeals, veterans were referred to a Central Texas attorney. Legal service programs should partner with pro bono attorneys and other advocates to provide assistance in VA Disability cases. Legal aid programs can offer free continuing legal education (CLE) credits or a substantial amount of training if attorneys commit to taking a specified number of pro bono cases within a year. Further, medical experts are essential in determining whether a veteran’s disability is service connected. However, expert medical reports can cost $1,300. Legal programs can partner with pro bono medical programs to assist with medical reports. Veteran Need #5 Veterans would benefit from pro bono representation and assistance in discharge upgrade cases. Recommendation: Provide funding for pro bono programs that assist veterans and encourage pro bono attorneys to represent veterans in discharge upgrade cases. Background: More than 1.4 million veterans call Texas home. Some of these veterans face uncertain futures as they attempt to navigate the civilian world with discharge characterizations that negatively impact them economically, socially, and psychologically. A significant number of these veterans would benefit from assistance in petitioning the Department of Defense review boards for discharge upgrades because of the complex application process. Since World War II, more than two million veterans have received less than fully honorable discharges. Since the beginning of the Gulf War in the early 90’s, approximately 8% of service members have received less than fully honorable discharges. The less than fully honorable discharge characterizations result in ineligibility for veteran benefits (including monthly disability compensation, health care, housing, and educational assistance). The lack of access to these benefits is devastating to veterans, specifically combat era veterans whose discharge characterizations resulted from actions related to Post Traumatic Stress Disorder or other related conditions. The Department of Defense recognizes the relationship between combat deployment, subsequent mental health diagnoses, and less than fully honorable discharges. The recognition has resulted in several memorandums that provide guidance to the review boards and veterans on how these 46 | P a g e
upgrade cases should be reviewed. While this guidance is favorable to veterans, many veterans are unaware or unable to fashion comprehensive discharge upgrade applications that adequately present the evidence necessary to affect a discharge upgrade. Discharge upgrade cases are a specialized area where pro bono attorneys and non-attorney advocates can be of great assistance in providing guidance, information, and representation to veterans. Some legal aid attorneys have partnered with large law firms to assist veterans in discharge upgrade cases. Texas Legal Services Center (TLSC), a statewide nonprofit organization working towards civil justice for all Texans, began a coordinated Pro Bono Program in late summer 2019 and provides multi-practice area pro bono opportunities to large firms across the state. Additionally, TLSC began offering discharge upgrade training and opportunities in the fall of 2019. TLSC reached out to Pro Bono Coordinators at multiple firms, garnered interest from two large law firms, Kirkland & Ellis, and Vinson & Elkins, and subsequently partnered with two attorneys from Vinson & Elkins on a discharge upgrade case. The one-hour CLE entitled "Discharge Upgrades and Correction of Military Records" by Julian Honor, Managing Attorney of TLSC's Veterans Legal Assistance Program, is also available in an online webinar format for the general public. This type of partnership has not only opened doors to serving more clients for TLSC, it is also establishing long-term relationships with firms who have the resources to provide meaningful support to TLSC. TLSC is already realizing substantial benefits for their clients and looks forward to growing their partnerships and offerings over time. Veteran Need #6 Veterans would benefit from increased funding for programs that address the digital divide and provide access to remote services. The concentration of most veterans services in urban and suburban locations, and limited access to transportation, further complicates and compounds legal issues for veterans in rural areas. Recommendation: Provide funding for programs that address the digital divide and provide access to remote services especially for veterans in rural areas. Background: Many legal service programs have developed a network of pro bono attorneys and partner with local agencies such as resource centers, libraries, hospitals, schools, etc. to disseminate legal information, host legal clinics, or provide hot spots for veterans to connect to the internet to help bridge the digital divide. For example, VetStar is the veterans services division of StarCare Specialty Health System that provides services such as Military Veterans Peer Network (MVPN). MVPN has 37-chapter locations across Texas, including rural areas, and connects veterans to a network of peers and resources in their service area. Further, the Good Samaritan Veterans 47 | P a g e
Outreach and Transition Center in San Antonio provides personalized services and referrals at no cost to veterans by partnering with veterans service providers such as San Antonio Legal Services Association (SALSA). It also has a resource center with over 50 computers that veterans have access to. However, most of these programs are in urban areas making it difficult for veterans living in rural counties to benefit from these programs. According to a 2021 report by the Texas Workforce Investment Council, approximately 16,500 29,899 veterans live in rural counties in Texas. Veterans in rural areas often do not have access to technology or do not know how to use available technology to access remote services. To reach veterans across Texas and help address their legal needs, the Texas Veterans Legal Aid Coalition through funding from TAJF, created the Veterans Legal Matters Video Series. The videos can be found on TexasLawHelp.org and teaches veterans and their families about their rights, benefits, and legal options. Veterans who do not have access to computers, smart phones or Wi-Fi cannot benefit from resources such as the Veterans Legal Matters Video Series, remote clinics, or other helpful resources. Additional funding is needed to purchase smartphones and computers with data plans to connect veterans in rural areas to remote services. Computers and smart phones can be pre-loaded with self-help videos to teach veterans how to use technology. Legal service programs can explore mobile veteran services where Wi-Fi enabled vehicles transport attorneys to rural areas to host clinics and assist veterans with their legal needs. This model will be beneficial to veterans with limited access to transportation, bringing legal help right to veterans’ doorsteps. It would be helpful for veteran officers who provide veterans services at the county level to be aware of veteran services provided by other counties and across the state. Frequent trainings on existing veteran services will help meet this need so that veterans can be better connected with existing services.
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Appendix A: TCCVS Agency Information and Services Department of Family and Protective Services The Department of Family and Protective Services (DFPS) works with communities to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation. It also works to protect the health and safety of children in daycare, foster care and other types of 24hour care. We do this through investigations, services and referrals and prevention programs. For more information, visit the DFPS website at www.dfps.state.tx.us.
Texas Health and Human Services (HHS) Texas Health and Human Services — which includes the Texas Health and Human Services Commission and the Texas Department of State Health Services — has hundreds of programs and services that help more than 7 million Texans a month live better lives, and it’s our strong foundation of dedicated people who make it happen every single day. The Health and Human Services (HHS) mission is to maintain and improve the health and human services system in Texas and to administer its programs in accordance with the highest standards of customer service and accountability for the effective use of funds. HHS oversees the operations of the health and human services system, provides administrative oversight of Texas health and human services programs, and provides direct administration of some programs. Within HHSC, the Office of Veteran Services Coordination (OVSC) is responsible for reviewing programs and services available for Veterans and recommends ways to improve and better coordinate those services. OVSC works with staff across the HHS system as well as other state agencies, federal agencies, and community-based organizations that serve Veterans. The Department of State Health Services is responsible for oversight and implementation of public health services in Texas. DSHS promotes optimal health for individuals and communities by preventing, detecting and responding to infectious diseases; promoting healthy lifestyles 49 | P a g e
through by disease and injury prevention; reducing health risks and threats through consumer protection; developing evidence-based public health interventions through data analysis and science; and providing medical response during disasters and emergencies. For more information about Texas Health and Human Services visit the HHS website at www.hhs.state.tx.us For information on the Department of State Health Services visit the DSHS website at www.dshs.texas.gov. Office of Public Utility Counsel The Office of Public Utility Counsel (OPUC) was created in 1983 in response to legislative and consumer groups concerns that residential and small commercial utility consumers were not adequately represented in utility proceedings. OPUC is charged with representing residential and small commercial consumers, as a class, in proceedings affecting utility rates and services. OPUC represents consumers’ interests before the Public Utility Commission (PUC), the Texas Reliability Entity, the Electric Reliability Council of Texas (ERCOT), and state and federal courts. The agency also provides information to servicemembers, veterans and their families and provides presentations, upon request, to military groups and organizations representing servicemembers and their families http://www.opuc.texas.gov State Bar of Texas The State Bar of Texas administers the Texas Lawyers for Texas Veterans program to develop and assist pro bono legal clinics throughout the state for military Veterans who otherwise cannot afford or do not have access to the legal services they need. http://www.texasbar.com Texas Commission on Jail Standards The Texas Commission on Jail Standards is the regulatory agency over Texas county jails. While the agency does not provide direct services to Veterans, the agency actively engages with sheriffs, county officials, and jail administrators about available resources for justice-involved Veterans. Our activities include disseminating technical assistance memos to counties about Veterans’ services found at the local, state, and federal level, writing articles on Veterans’ resources in our agency newsletter, and inviting Veterans groups to speak during our agency presentations at training conferences. As part of its regulatory requirements, the Commission mandates county jails utilize the Department of Veteran Affairs’ Veteran Reentry Search Service (VRSS) to identify veterans. The VRSS provides real-time identification of veterans to county corrections officers. After justice-involved Veterans are identified, our goal is that counties can link Veterans to available services and resources. 50 | P a g e
http://www.tcjs.state.tx.us Texas Commission on Law Enforcement The Texas Commission on Law Enforcement has been committed for several years now to assist and expedite the ability of Veterans to re-enter the Texas workplace in the field of law enforcement. We have had in place since 2009 a process through which Veterans with military law enforcement experience can become Texas peace officers without having to participate in redundant training. http://www.tcole.texas.gov/
Texas Department of Criminal Justice The Texas Department of Criminal Justice (TDCJ) manages offenders in state prisons, state jails and private correctional facilities that contract with TDCJ. TDCJ honors and supports Veterans by granting them employment preferences, and fully recognizes, honors, and enforces the Uniformed Services Employment and Reemployment Rights Act, a law which protects the civilian job rights and benefits of United States military service personnel. TDCJ has a history of successful recruiting at military bases and continues to actively recruit personnel who are about to be honorably discharged. Military Veterans and staff have a great number of skills and quality training, along with experience handling a variety of responsibilities. http://www.tdcj.state.tx.us Texas Department of Housing and Community Affairs The Texas Department of Housing and Community Affairs (TDHCA) is the state agency responsible for promoting and preserving affordable home ownership, financing the development of affordable rental housing, ensuring long-term stability and habitability of housing for lowincome households, supporting community and energy assistance programs, and providing housing activities in the colonies. TDHCA is also responsible for the regulation of the state’s manufactured housing industry. http://www.tdhca.state.tx.us
Texas Department of Licensing and Regulation The Texas Department of Licensing and Regulation (TDLR) is committed to providing expedited services to Veterans and military spouses and is proud to be a member of the Texas Coordinating Council for Veterans Services. http://www.tdlr.texas.gov •
TDLR provides expedited licensing for military spouses and veterans transitioning to civilian occupations regulated by TDLR. 51 | P a g e
• •
Veterans are allowed to credit verified military experience, training, or education toward fulfilling licensing requirements. Currently, six TDLR programs have a corresponding MOS allowing for this credit. TDLR license application fees are waived for veterans if the applicant’s military service, training, or education substantially meets all of the requirements of the license.
Texas Department of Motor Vehicles The Texas Department of Motor Vehicles (TxDMV) offers a number of license plates specifically for military Veterans and military medal honorees at no fee and/or reduced fee. There are three categories of military license plates: Meritorious Service, Recognition Award, and Military Service.
Meritorious Service category license plates are issued at no fee (plate or registration) for the first set. Recognition Award category license plates require the payment of a $3 plate fee; however, there is no requirement for the payment of annual registration fees. Military Service category license plates require the payment of the annual registration fee; however, there no plate fee. This applies to first and additional sets. http://www.txdmv.gov
Texas Department of Public Safety The Texas Department of Public Safety (DPS) proactively protects the citizens of Texas in an ever- changing threat environment while always remaining faithful to the U.S. and State Constitution. DPS offers a designation of “VETERAN” on driver’s licenses issued to Texas Veterans so they can easily prove their eligibility when applying for various benefits in addition to free and discounted licenses. http://www.txdps.state.tx.us
Texas Department of Transportation The Texas Department of Transportation (TxDOT) is organized into 25 geographic districts that, together, cover the entire state and divisions that provide statewide support. TxDOT’s workforce is made up of engineers, project managers, construction inspectors, maintenance workers, contract managers, accountants, purchasers, travel counselors, and many other professionals. All employees work together to accomplish the TxDOT mission: Connecting you with Texas. TxDOT provides funding and assistance for transportation services and programs that serve and support veterans. http://www.txdot.gov
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Texas Higher Education Coordinating Board The Texas Higher Education Coordinating Board provides leadership and coordination for the Texas higher education system. Since being created by the Texas Legislature in 1965, the Board has worked to achieve excellence for the college education of Texas students. The Board meets four times a year. Meetings occur in Austin but are usually also broadcast on the web. http://www.thecb.state.tx.us/
Texas Military Department The Texas Military Department (TMD) is the executive portion of the Texas Military and consists of all staff directorates and component headquarters exercising control of military forces, facilities, installations, activities and functions under the supervision of The Adjutant General. The Adjutant General is the governing officer, policy maker, head of the department and Commander of the Texas Military Forces. TMD is the state agency charged with administrative activities in support of the Texas Military Forces. The Texas Military Forces consist of the Texas Army National Guard, Texas Air National Guard, the Texas State Guard, the Domestic Operations Task Force, and any other military force organized under state law. Through the Family Support Services Office, the TMD has a number of programs and partnerships with services available to Texas Service Members, Veterans, and families such as: Family Assistance, Transition Assistance, Mental Health & Counseling Services, Employment and Financial Assistance, Retirement Services, and TRICARE Services. tmd.texas.gov/
Texas Workforce Commission TWC oversees a service delivery system comprising 28 Local Workforce Development Boards (Boards) that administer services in more than 186 Texas Workforce Solutions Offices across the state. TWC provides employment assistance and education and training to individuals who are seeking employment. TWC collaborates with community and technical colleges and trains providers across the state to train veterans and other eligible individuals in target and in-demand occupations. Although services are available to the public, TWC has specific statutory direction to provide priority of service to veterans. This priority of service requirement is established in both federal and state law. TWC has a long tradition of supporting Texas Veterans because we believe Veterans are equipped with the technical skills, education, professionalism, and leadership experience sought by Texas employers. The Texas Workforce Commission’s Vocational Rehabilitation Division is engaged in a memorandum of Agreement (MOA) with the U.S. Department of Veterans Affairs- Veterans Rehabilitation and Employment (VA-VRE) to expand employment and rehabilitation services to Veterans with disabilities statewide and beyond the reach of VA-VRE. TWC – VR counselors work directly with the veterans to address potential barriers that prevent successful employment 53 | P a g e
due to their disability in each of our 6 regions. In collaboration with our local business services units, TWC’s VR cultivates business partnerships with major employers to create employment opportunities for Veterans with disabilities. TWC Veteran programs Include: 2. Texas Veterans Leadership Program 3. College Credit for Heroes 4. Hiring Red, White, and You Statewide Veteran Job Fair 5. Veterans Workforce Outreach Initiative 6. Apprenticeship Programs 7. Texas Operation Welcome Home 8. Skills for Transition Program 9. We Hire Vets 10. Military Family Support Program 11. Texas Veterans Network 12. Work Opportunity Tax Credits
Texas Workforce Investment Council The Texas Workforce Investment Council assists the Governor and the legislature with strategic planning for and evaluation of the Texas workforce system, which is comprised of eight state agencies, their local program providers, and over 20 diverse and dynamic programs. The Council assists with the coordination of determining employer workforce needs and satisfaction with programs and services. The Council’s partner agencies, including TVC, gather data from employer customers at appropriate intervals to determine employer needs and satisfaction. TVC’s efforts to determine and respond to employer needs, thereby enhancing employment opportunities for Veterans, was initiated under the previous system strategic plan and continues under the recently approved Texas Workforce System Strategic Plan FY 2016–FY 2023. TVC’s work to gather information and data by surveying employer continues, and results demonstrate a high response rate and a very high satisfaction level among employers who used the agency’s employment services. http://governor.state.tx.us/twic
Texas Veterans Land Board Since 1946, the Texas Veterans Land Board (VLB) has provided benefits and services for Texas Veterans, military members and their families. Today, they include: low interest land, home, and home improvement loans; long term skilled nursing home care in eight state Veterans homes; burial and interment services in four state Veterans cemeteries; Voices of Veterans Oral History Program; and Veterans benefit information and assistance services through the joint VLB/ TVC, and the Department of Veterans Affairs (VA) Statewide Veterans Call Service Center. www.glo.texas.gov/vlb 54 | P a g e
Texas Veterans Commission The Texas Veterans Commission (TVC) provides claims representation and counseling for Veterans, their dependents and survivors, employment services to Texas Veterans and helps employers find qualified Veteran job applicants, assists Veterans in utilizing their higher education benefits, and offers grants to eligible charitable organizations, local government agencies, and Veterans Service Organizations that provide direct services to Texas Veterans and their families. www.tvc.texas.gov
Texas Online: Texas Veterans Portal The Texas Veterans Portal provides information from federal and state agencies in a comprehensive collection of links about Veteran’s benefit information. The website contains information to assist you and your family in buying a home or land, receiving education benefits, finding a job, health care resources and more. veterans.portal.texas.gov
Veteran Treatment Court Programs in Texas County
Judicial Circuit
State, City Zip
Bell
County Court at Law #3
Belton, Texas 76513
Bexar
437th District Court
San Antonio, Texas 78205
Bexar
County Court #6
San Antonio, Texas 78205
Brazoria
149th District Court
Angleton, TX 77515
Cameron
444th District Court of Cameron County
Brownsville, Texas 78521
Collin
296th District Court
McKinney, Texas 75071
Comal
County Court at Law #2
New Braunfels, Texas 78130
Dallas
Criminal District Court #4(K)
Dallas, Texas 75207
Denton
Denton County Criminal Court #3
Denton, Texas 76209
El Paso
County Court at Law #1
El Paso, Texas 79901
El Paso
346th Judicial District
El Paso, Texas 79901
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Fannin
296th District Court
Bonham, Texas 75418
Ft. Bend
County Court at Law #2
Richmond, Texas 77469
Galveston
Galveston County
Galveston, Texas 77550
Grayson
296th District Court
Sherman, Texas 75090
Guadalupe
County Court at Law
Seguin, Texas 78155
Harris
228th District Court
Houston, Texas 77002
Harris
County Criminal Court at Law No. 2
Houston, Texas 77002
Hays
County Court at Law #2
San Marcos, Texas 78666
Hidalgo
430th District Court
Edinburg, Texas 78539
Jefferson
58th District Court
Beaumont, Texas 77701
Kaufman
296th District Court
Kaufman, Texas 75142
Midland
County Court #2
Midland, TX 79701
Montgomery
359th District Court
Conroe, Texas 77301
Nueces
148th District Court
Corpus Christi, Texas 78401
Rockwall
296th District Court
Rockwall, Texas 75087
Smith
County Court at Law #2
Tyler, Texas 75702
Starr
229th and 381st District Court
Rio Grande City, Texas 78582
County
Judicial Circuit
State, City Zip
Tarrant
Tarrant County Criminal Court #9
Fort Worth, Texas 76196
Travis
County Court at Law #4
Austin, Texas 78701
Webb
406th and 341st District Court
Laredo, Texas 78040
Williamson
County Court at Law #2
Georgetown, Texas 78626
Zapata
49th District Court
Zapata, TX 78076
South Texas Regional Veterans Court
Varying Locations
North Texas Regional Veterans Court
Varying Locations
Starr Webb Zapata Fannin Collin Grayson Rockwall Kaufman
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2021
Exhibit E
REPORT OF THE VETERANS TASK FORCE
ABOUT THE LEGAL SERVICES CORPORATION The Legal Services Corporation (LSC) was established by Congress in 1974 to promote equal access to justice. LSC operates as an independent 501(c) (3) non-profit corporation and currently serves as the single largest funder of civil legal aid for low-income Americans. To achieve its mission of helping to provide high-quality civil legal aid to low-income people, LSC currently distributes more than 90% of its total funding to 132 independent nonprofit legal aid programs with more than 900 offices across America. LSC’s bipartisan Board of Directors is composed of eleven members who serve upon appointment by the President and confirmation by the Senate. To learn more about LSC, please visit www.lsc.gov. ————————————————————————————————————————————
PROJECT TEAM Margaret Austin Ciara Beaulieu Charles Bell James Brogan Hector Corea Stefanie K. Davis Lisa Dewey William Diggs
Heather Ehrenberg Ryan Estes Ronald S. Flagg Rich Gruenberger Richard Hans Megan Kinney Donna Look Jesse Medlong
Lauren Moose Isabelle Ord Sarah Sanchez Karly Satkowiak Gina Trimarco Carla Yanez
————————————————————————————————————————————
REPORT DESIGN DLA Piper Cover Photo Credit: Craig Adderley ————————————————————————————————————————————
Unless specifically noted, all information contained herein is in the public domain and may be used and reprinted without special permission. Citation of this source is required. The appearance of U.S. Department of Defense (DoD) visual information does not imply or constitute DoD endorsement. ————————————————————————————————————————————
BOARD OF DIRECTORS John G. Levi
Father Pius Pietrzyk, O.P.
Chairman
Vice Chair
Robert J. Grey Jr. Matthew Keenan Abigail Lawlis Kuzma
Victor B. Maddox John G. Malcolm Laurie I. Mikva
Frank X. Neuner Jr. Julie Reiskin Gloria Valencia-Weber
————————————————————————————————————————————
OFFICERS Ronald S. Flagg
President and General Counsel
Carol A. Bergman
Vice President For Government Relations and Public Affairs
Rebecca Fertig Cohen Chief of Staff and Corporate Secretary
Deborah Moore
Chief Financial Officer
Lynn A. Jennings
Vice President For Grants Management
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James J. Sandman
President Emeritus
Jeffrey E. Schanz Inspector General
CONTENTS EXECUTIVE SUMMARY............................................................................................................. 4 Recommendations....................................................................................................................... 6 INTRODUCTION..................................................................................................................... 10 About LSC.................................................................................................................................... 10 About the Task Force................................................................................................................. 10 UNDERSTANDING THE ISSUES.............................................................................................. 13 Defining “Veteran”..................................................................................................................... 13 Transitioning from Service to Civilian Life.............................................................................. 13 Veterans’ Civil Legal Problems................................................................................................. 20 Additional Barriers to Service for Specific Populations of Veterans................................... 24 Considerations Affecting Veterans’ Legal and Other Needs................................................ 28 RECOMMENDATIONS FOR LEGAL AID PROVIDERS............................................................. 31 Establish Trust with Veterans.................................................................................................. 32 RECOMMENDATION 1.................................................................................................................... 32 RECOMMENDATION 2.................................................................................................................... 33 Assess Veterans’ Needs and Develop Strategies to Address Unmet Needs....................... 34 RECOMMENDATION 3.................................................................................................................... 34 Expand Existing Community Service Delivery Mechanisms ................................................ 36 RECOMMENDATION 4.................................................................................................................... 42 RECOMMENDATION 5.................................................................................................................... 44 RECOMMENDATION 6.................................................................................................................... 45 RECOMMENDATION FOR LAW FIRMS AND CORPORATE LAW DEPARTMENTS................47 Signature Pro Bono Projects.................................................................................................... 47 RECOMMENDATION 7.................................................................................................................... 49 RECOMMENDATIONS FOR LSC ............................................................................................ 51 RECOMMENDATION 8.................................................................................................................... 52 RECOMMENDATION 9.................................................................................................................... 53 RECOMMENDATION 10.................................................................................................................. 53 RECOMMENDATIONS FOR GOVERNMENT OFFICIALS........................................................ 55 State and Local Governments are Key Partners for Ensuring Veterans’ Support............. 55 State and Local Government Actions Fall Short of Meeting Veterans’ Needs................... 56 RECOMMENDATION 11.................................................................................................................. 57 RECOMMENDATION 12.................................................................................................................. 57 RECOMMENDATION FOR CONGRESS................................................................................... 59 RECOMMENDATION 13.................................................................................................................. 59 CONCLUSION......................................................................................................................... 61 ACKNOWLEDGMENTS........................................................................................................... 62 APPENDIX: CONGRESSIONAL ACTS TO ENHANCE VETERAN RIGHTS................................ 66 ENDNOTES.............................................................................................................................. 68
Executive Summary Military service members defend America’s people, freedoms, and ways of life. On and off the battlefield, they fight for peace and justice. Once they separate from service, they may face legal issues obstructing their successful transition to civilian life. Civil legal problems—from threatened evictions to other than honorable discharges from the military—are often the greatest obstacles to a Veteran’s health, housing, stability, and productivity. In 2017, 71% of households with Veterans or service members reported experiencing a civil legal problem in the past year.1 Of those households, 21% reported experiencing six or more legal problems.2 Roughly 36% of Veteran households require legal assistance for consumer and finance matters upon discharge.3 While Veterans account for 5% of the U.S. population, they comprise 11% of adults experiencing homelessness in the U.S. today, and nearly 40,000 Veterans are without shelter on any given night.4 According to the Center for Budget and Policy Priorities, between 2016-2018, approximately 1.3 million Veteran households earned 130% or less of the Federal Poverty Guidelines.5 These Veterans may qualify for LSC-funded legal assistance and are financially eligible to receive non-LSC-funded legal assistance from most legal aid organizations nationwide. Yet while they may have qualified for free legal assistance, low-income Veterans and other military personnel received inadequate or no professional legal help for 88% of their civil legal problems in 2017.6 LSC’s grantees, other civil legal aid providers, and pro bono programs admirably strive to provide at least some legal assistance to every Veteran who approaches them. As these numbers show, however, a significant gap remains between Veterans’ needs and the resources available to meet those needs.
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Ronald S. Flagg, President and General Counsel; John G. Levi, Chairman, LSC Board of Directors; Abigail Lawlis Kuzma, Halbrook Distinguished Chair of American Government, Taylor University; Member, LSC Board of Directors; John G. Malcolm, Senior Legal Fellow, Heritage Foundation; Member, LSC Board of Directors; Gen. David D. Halverson (USA, Ret.), Chairman and Chief Executive Officer, Cypress International; LSC Leaders Council
On January 8, 2020, LSC’s Board of Directors established the Veterans Task Force. The Task Force’s mission was to: » Raise awareness about the civil legal issues Veterans experience; » Identify ways to strengthen relationships between civil legal aid providers and other Veteran-serving organizations, including the U.S. Department of Veterans Affairs (VA), treatment courts, and Veterans advocacy organizations; » Highlight model programs that provide effective, integrated services to Veterans; and » Recommend strategies for engaging attorneys to provide legal assistance to Veterans on a pro bono basis, including for complex legal issues. The Task Force was composed of 43 members. The members came from a variety of backgrounds, including from the Veteran, legal aid, private practice, corporate law department, VA, academic, Veterans Service Organization (VSO), and nonprofit communities. LSC divided members into three working groups focused on Coordination, Legal Issues, and Transition to Civilian Life, based on their expertise and experience. The Coordination working group examined collaborative models for assisting low-income Veterans. From this examination, the Coordination working group identified best practices for
VETERANS TASK FORCE REPORT
serving Veterans. The Legal Issues working group discussed legal issues Veterans commonly experience, identified Veterans’ unmet needs, and considered ways to effectively address these needs. Finally, the Transition to Civilian Life working group examined the resources the military provides to service members preparing to reintegrate into civilian life. From this examination, this working group identified areas where legal aid providers can enhance awareness of Veterans’ legal issues and increase access to services. Compounding the challenge of securing Veterans’ benefits and services, the Federal government, states, localities, and Tribes do not uniformly define “Veteran.” Varying definitions means that jurisdictions may restrict or expand Veterans’ eligibility for benefits and services based on when they served, what their discharge status is, and whether they served on active duty or in a reserve component. The Task Force therefore used an expansive definition of the term “Veteran” to adequately capture the many civil legal needs Veterans experience and the diverse services available to them. According to this definition, a Veteran is any person who has ever served in a branch of the military, including in the Army Reserves or National Guard. This definition, though broad, does not include those individuals who currently serve on active duty.
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RECOMMENDATIONS RECOMMENDATIONS FOR LEGAL AID PROVIDERS RECOMMENDATION 1: Legal Aid Providers Should Become Educated About Military Culture The Task Force recommends that legal aid attorneys who have never served in the military become familiar with military culture, which is nuanced and marked by coded jargon that identifies service members to each other by branch, unit, job, and other classifications. Competency in military culture may require understanding the differences among branches, including the traditions, customs, and courtesies within service branches. Competency is a key step toward building trust and rapport with Veteran clients—it allows attorneys to speak the same “language” as their clients and it shows the clients that attorneys have invested time and effort to meet them where they are. RECOMMENDATION 2: Legal Aid Providers Should Develop Strategies to Connect Transitioning Service Members with Services and Information When They Are Still Easy to Locate and Contact Veterans often disperse from the geographical areas of their final service installations, making locating and contacting Veterans difficult. Therefore, the Task Force recommends legal aid providers develop strategies for connecting Veterans to services and information before separation. Because all transitioning Veterans must participate in the Transition Assistance Program (TAP), the program represents an excellent opportunity for civil legal aid providers to engage transitioning service members before they separate. The Task Force recommends that civil legal aid providers work with TAP offices at military installations to adequately screen separating service members for potential legal issues and ensure that separating service members receive information about civil legal aid during the TAP program. Legal aid providers should also expand these 6
efforts to Reserve and National Guard units, which may conduct TAP at the unit level. Finally, the Task Force recommends that providers identify other opportunities to engage currently serving military personnel and families, including through outreach to programs and organizations that serve military communities. RECOMMENDATION 3: Legal Aid Providers Should Conduct Local Needs Assessments Centered on Veterans’ Input State and municipal laws governing eligibility for Veterans’ benefits, community resources, and local practices may shape Veterans’ experiences, rights, and access to services. Therefore, to fully understand the extent of Veterans’ civil legal needs in their communities and tailor services to meet those needs, the Task Force recommends that providers conduct comprehensive local needs assessments. Needs assessments offer providers a snapshot of local policy and systems affecting their communities and identify the areas where their communities’ needs remain unmet. When conducting needs assessments, providers should start with Veterans, who are best positioned to communicate their own legal, health, and other needs, and identify gaps in the systems that exist to meet those needs. Providers may conduct needs assessments alone, or work with other community organizations to ensure their needs assessments are comprehensive. RECOMMENDATION 4: Legal Aid Providers Should Develop Strategies to Address Veterans’ Needs Holistically and Efficiently Roughly 6,500 organizations provide Veteran-specific services, and an additional 40,000 service providers support populations with the same legal, social, and health issues that many Veterans face.7 These organizations often work in silos; consequently, many Veterans do not have access to comprehensive services. The Task Force recommends that legal aid providers engage the various service providers in their communities, forming voluntary coalitions equipped to provide a broad spectrum of services to Veterans in need. LEGAL SERVICES CORPORATION
Legal aid providers in a community should get to know the other organizations serving Veterans, their referral and intake processes, and the services they offer. From there, providers can pool their resources, creating a network of local services equipped to meet Veterans’ needs effectively and holistically. Once providers create this network, they should adopt “No Wrong Door” policies ensuring that the first provider a Veteran contacts either provides services or refers the Veteran to a more appropriate network partner. RECOMMENDATION 5: Legal Aid Providers Should Expand Collaborations with VA Programs Because the VA provides an array of supportive services to Veterans, legal service providers must engage the VA as a partner to mitigate the systemic service barriers Veterans face and deliver comprehensive care. To engage the VA, the Task Force first recommends legal aid providers partner with VA staff to streamline medical and legal service provision to Veterans. Second, the Task Force recommends that legal aid providers connect with Community Veterans Engagement Boards, which convene Veterans, active-duty service members, military families, Veteran rights advocates, community service providers, and VSOs to identify community goals and resolve service gaps. Finally, the Task Force recommends that legal aid providers identify other VA programs, such as Supportive Services to Veteran Families (SSVF) program grantees, in their area to meet Veterans’ immediate health, housing, and social needs while Veterans await long term support. RECOMMENDATION 6: Legal Aid Providers Should Take Advantage of Technology to Expand the Development of Comprehensive Interactive Provider Databases and to Provide Remote Legal Assistance The Task Force recommends that legal aid organizations evaluate the technological capabilities and needs of the Veteran populations they serve, considering the availability and consistency of internet VETERANS TASK FORCE REPORT
service, access to computers and smartphones, comfort with virtual meeting platforms, and transportation. To the extent possible, organizations should expand remote client conferencing capability. Remote services allow service providers to facilitate frequent contact with clients by phone or video and to expand their service areas. Moreover, virtual platforms, including phone and video conferencing, can pose a more convenient option for many clients who may face transportation obstacles or who are anxious about in-person consultations.8 Additionally, the Task Force recommends creating or expanding comprehensive interactive provider databases in all jurisdictions. With these databases, providers can build capacity across the country, ensuring all Veterans, their families, and their caregivers can identify comprehensive services tailored to their specific needs and eligibility statuses.9
RECOMMENDATION FOR LAW FIRMS AND CORPORATE LAW DEPARTMENTS RECOMMENDATION 7: Law Firms and Corporate Law Departments Should Assess Their Internal Capacities for Operating Pro Bono Programs to Serve Veterans and Identify Legal Aid and Other Local Organizations with Whom to Partner Private law firms and corporate law departments can bring critical resources to bear on the significant legal challenges low-income Veterans face. Yet, law firms and law departments often have limited resources and competing priorities. Before undertaking a project serving Veterans, the Task Force recommends that firms and law departments evaluate the needs of the Veteran communities they want to serve as well as their own capacity to meet those needs. Capacity may include staff, interest and experience in the relevant areas of law, and funding or space available to support the project. Law firms and corporate law departments should identify and coordinate with organizations already serving Veterans. By engaging with these organizations, law 7
firms and corporate law departments can determine what needs remain unmet in the community and how they can best deploy their resources to meet those needs.
RECOMMENDATIONS FOR LSC RECOMMENDATION 8: LSC Should Leverage Its Role as a National Leader in Legal Technology to Improve and Expand Veterans’ Access to Virtual and Online Legal Assistance Veterans vary widely in era of service, levels of comfort with using technology, and capabilities for communication. Therefore, in a rapidly digitalizing world, not every user interface or presentation of information about civil legal aid works for every Veteran. The Task Force recommends that LSC support legal aid organizations and Veterans alike by collaborating with software developers to explore strategies for improving Veteran access to legal assistance. LSC has been a leader “in the development and use of technology to more effectively meet the legal needs of low-income Americans” for more than 20 years.10 Through its Technology Initiative Grant program, LSC has funded the creation of statewide legal information websites, development of content for self-represented litigants (including tools to complete court forms and applications for certain benefits and improving Spanish-language sites), and purchases of video conferencing technology to allow grantees to connect staff and pro bono advocates in urban offices with clients in rural areas and clients who cannot travel to a physical office for assistance.11 LSC should consult its network of nonlegal partners, like software companies, telecommunications companies, and marketing firms, to identify existing legal aid resources for Veterans—including both online and print resources. Moreover, LSC should work with a range of Veteran populations to ensure those resources are widely accessible.
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RECOMMENDATION 9: LSC Should Create a Position, or Identify an Organization, to Serve as a National Coordinator for Veterans’ Legal Services Throughout its work, the Task Force identified national and local models for coordinating services to Veterans. Models include Code of Support’s PATRIOTLink interactive database, coordinated care networks like Mission United and Combined Arms, and the VA’s Community Veterans Engagement Boards. However, organizations operating these models are not always aware that Veterans have civil legal needs and that legal aid and pro bono attorneys may be available to assist Veterans with those needs. The Task Force has connected with several of these organizations and networks; LSC can leverage these connections to advocate legal aid providers’ inclusion in all coordinated service networks. The Task Force recommends that LSC, as a national funder of civil legal aid, undertake this endeavor or, in the alternative, identify another national partner to undertake it. RECOMMENDATION 10: LSC Should Capitalize on the Lead Up to Veterans Day to Raise Awareness About Veterans’ Legal Needs and the Availability of Legal Assistance to Address Those Needs Given LSC’s expertise, visibility, and social media presence, LSC is well-positioned to develop and promote informational materials and events to raise awareness about Veterans, their rights and experiences, and the services available to them. Therefore, the Task Force recommends that LSC leverage its expertise and develop educational materials for LSC grantees. These materials should provide in-depth information about Veterans and their legal needs, and they should be modifiable to reflect Veterans’ legal needs in diverse communities throughout America. The Task Force also recommends that LSC model its advocacy after the ABA’s annual celebration of Pro Bono Week during the last week of October. For Pro Bono Week,
LEGAL SERVICES CORPORATION
bar associations and access to justice commissions nationwide organize clinics, educational events, recruitment drives, and discrete projects to engage attorneys in delivering pro bono legal assistance.12 Building on the ABA’s model for Veterans’ issues, LSC and its grantees should create or enhance existing Veteran-focused projects in the week before Veterans Day.
RECOMMENDATIONS FOR STATE AND LOCAL GOVERNMENTS RECOMMENDATION 11: State and Local Governments Should Collaborate with Legal Aid Providers to Enhance Veteran Support Although all states operate offices to provide Veterans legal support, many of these offices focus on direct client representation without embracing opportunities for broad policy reform that could systematically impact Veterans’ rights. In these jurisdictions, the Task Force recommends state and local governments collaborate with community-based service providers to identify Veterans’ needs and enhance their rights through comprehensive legislative reform. RECOMMENDATION 12: State and Local Governments Should Dedicate Funding and Space in Government-Owned Facilities to Legal Services for Veterans Like Congress, state and local legislatures choose their funding priorities and direct government agencies to provide certain types of services. The Task Force recommends state and local legislatures appropriate funding to support the provision of civil legal aid to Veterans while also requiring that public facilities make space available for attorneys to provide legal assistance to Veterans. Moreover, the Task Force recommends that state and local legislatures enact laws to expand government support for access to justice for Veterans.
VETERANS TASK FORCE REPORT
RECOMMENDATION FOR CONGRESS RECOMMENDATION 13: Congress Should Continue Exploring Ways to Promote Federal Support for Civil Legal Services to Veterans Congress has acted within the past year to appropriate funds to the VA and to direct the VA to make space available to civil legal aid providers to help Veterans resolve legal issues. The Task Force applauds Congress for enacting laws that build civil legal aid into the Federally funded supports provided to Veterans and encourages Congress to require the VA to make space available for the provision of monthly legal assistance monthly, rather than just three times a year. The Task Force strongly recommends that Congress appropriate funding to the VA to establish and operate the grant program enacted through the Johnny Isakson and David P. Roe, M.D. Veterans Healthcare and Benefits Improvement Act of 2020. Additionally, the Task Force recommends that Congress consider enacting legislation requiring other VA programs to provide, either directly or through contracts, civil legal services to Veterans, and enacting legislation directing or requiring agencies administering programs that serve Veterans to, where authorized, fund civil legal services for Veterans. Finally, the Task Force recommends that Congress establish a national coordinator for Veterans’ civil legal services within the VA.
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Introduction ABOUT LSC The Legal Services Corporation (LSC) is the nation’s largest single funder of civil legal aid for low-income Americans. Congress established LSC in 1974 to operate as an independent 501(c)(3) nonprofit corporation and promote equal access to justice by providing grants to nonprofit legal aid organizations in every state, territory, and the District of Columbia. Every year, LSC distributes more than 90% of its Federal appropriation to 132 independent nonprofit legal aid programs with more than 900 offices nationwide. LSC-funded programs assist Americans in households with annual incomes at or below 125% of the Federal Poverty Guidelines. LSC’s mission is to promote equal access to justice in our nation and to provide high quality legal assistance to low-income persons.
ABOUT THE TASK FORCE Military service members defend America’s people, freedoms, and way of life. On and off the battlefield, they fight for peace and justice. Once they separate from service, they may face legal issues that create barriers to a successful transition to civilian life. Civil legal problems—from threatened evictions to other than honorable discharges from the military—are often the greatest obstacles to a Veteran’s health, housing, stability, and productivity. According to the Center for Budget and Policy Priorities, during the period 2016-2018, approximately 1.3 million Veterans, or 7% of the Veteran population, lived in households earning 130% or less of the Federal Poverty Guidelines.13 These Veterans may qualify for LSC-funded legal assistance, and are financially eligible to receive non-LSC-funded legal assistance from most legal aid organizations nationwide.
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In 2017, 71% of households with Veterans or service members reported experiencing a civil legal problem in the past year.14 Of those households, 21% reported experiencing six or more legal problems in the preceding year.15 Yet while civil legal needs among Veterans are prevalent, low-income Veterans and other military personnel received inadequate or no professional legal help for 88% of their civil legal problems in 2017.16 LSC’s grantees, other civil legal aid providers, and pro bono programs admirably strive to provide at least some legal assistance to every Veteran who approaches them. As these numbers show, however, a significant gap between the needs and the resources to meet those needs remains. On January 8, 2020, LSC’s Board of Directors established the Veterans Task Force. The Task Force’s mission was to: » Raise awareness about the civil legal issues Veterans experience; » Identify ways to strengthen relationships between civil legal aid providers and other Veteranserving organizations, including the U.S. Department of Veterans Affairs, treatment courts, and Veterans advocacy organizations;
The Task Force was composed of 43 members. The members came from a variety of backgrounds, including from the Veteran, legal aid, private practice, corporate law department, Department of Veterans Affairs (VA), academic, Veterans Service Organization (VSO), and nonprofit communities. LSC assigned members to one of three working groups focused on Coordination, Legal Issues, and Transition to Civilian Life, based on their expertise and experience. The Coordination working group examined collaborative models for providing assistance to low-income Veterans. From this examination, the Coordination working group identified best practices for serving Veterans. The Legal Issues working group discussed legal issues Veterans commonly experience, identified Veterans’ unmet needs, and considered ways to effectively address these needs. Finally, the Transition to Civilian Life working group examined the resources our military provides to service members preparing to reintegrate into civilian life. From this examination, this working group identified areas where legal aid providers can enhance awareness of Veterans’ legal issues and increase access to services.
» Highlight model programs that provide effective, integrated services to Veterans; and » Recommend strategies for engaging attorneys to provide legal assistance to Veterans on a pro bono basis, including for complex legal issues.
VETERANS TASK FORCE REPORT
11
PHOTO CREDIT: Mother in Army Uniform and Daughter in Street by Africa Studio
Understanding the Issues DEFINING “VETERAN” Title 38 of the United States Code defines a “Veteran” as “a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable.”17 The VA has adopted Title 38’s definition to determine whether individuals are eligible for benefits or treatment programs.18 However, states and localities may adopt varying definitions, thereby restricting or expanding the availability of various benefits or other services to Veterans living in their jurisdictions. Because there is no universal definition for the term “Veteran,” this report adopts an expansive definition: A Veteran is any person who has ever served in a branch of the military, including in the Army Reserves or National Guard. This definition, though broad, does not include those individuals currently serving.
TRANSITIONING FROM SERVICE TO CIVILIAN LIFE REASONS FOR SEPARATION Around 200,000 individuals transition from military service to civilian life each year.19 Service members separate for various reasons. For instance, service members may retire when they have completed 20 years or more of service (active component retirement), when they have completed 20 years of creditable service with the Reserves (reserve component retirement), or when they have a permanent, stable disability that renders them unable to serve (disability component retirement).20 Service members also may separate voluntarily upon completing their service obligation or active-duty term, which typically lasts two to four years. Where service members have not completed their service obligation or active-duty term, they may separate voluntarily if they can demonstrate valid hardship, such as when a service member becomes
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a sole caregiver to their children after a spouse’s death or when they have a medical condition or disability that inhibits their service. Other service members may separate involuntarily. Involuntary separation often results from judicial or administrative action after a service member engages in misconduct. Absent misconduct, a service member may be involuntarily separated due to mandated force reductions. The military assigns every service member a discharge status, which affects their eligibility for services and Veterans’ benefits. For instance, service members who meet or exceed the required standards of duty performance and personal conduct generally receive an honorable discharge. Aside from honorable discharges, however, discharges generally fall within two broad categories: administrative or punitive. An administrative discharge status is given by the service member’s commanding officer through a nonjudicial process.Conversely, courts martial impose punitive discharges after judicial conviction.
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TYPES OF MILITARY DISCHARGE AND CONSEQUENCES FOR VA BENEFITS ELIGIBILITY21 Discharges with Most Benefits Eligibility
“Bad Paper” Discharge
ADMINISTRATIVE DISCHARGE
PUNITIVE DISCHARGE (COURT MARTIAL) Bad Conduct
VA BENEFITS
Honorable
General
Other than Honorable
Special
General
Healthcare
Eligible*
Eligible*
COS Determination
COS Determination
Not Eligible
Not Eligible
Education (i.e. GI Bill)
Eligible
Not Eligible
Not Eligible
Not Eligible
Not Eligible
Not Eligible
Disability Compensation
Eligible
Eligible
COS Determination
COS Determination
Not Eligible
Not Eligible
Dependency & Indemnity Compensation
Eligible
Eligible
COS Determination
COS Determination
Not Eligible
Not Eligible
Survivor Pension
Eligible
Eligible
COS Determination
COS Determination
Not Eligible
Not Eligible
Burial Benefits
Eligible
Eligible
COS Determination
COS Determination
Not Eligible
Not Eligible
Special Housing
Eligible
Eligible
COS Determination
COS Determination
Not Eligible
Not Eligible
Voctional Rehabilitation
Eligible
Eligible
COS Determination
COS Determination
Not Eligible
Not Eligible
Disabled Automotive
Eligible
Eligible
COS Determination
COS Determination
Not Eligible
Not Eligible
Reenlistment Right
Eligible*
Eligible*
COS Determination
COS Determination
Not Eligible
Not Eligible
Dishonorable
* May not qualify due to DD Form 214 Narrative / Reenlistment Code COS - Character of Service (Although VA is obligated to assist with the COS determnination, prior service members with OTH or Bad Conduct (Special) Characterizations are often turned away when initially seeking VA Benefits)
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PREPARING FOR TRANSITION By congressional mandate, service members who have completed at least 180 continuous days of active duty must participate in a program of comprehensive transition assistance counseling and training known as the Transition Assistance Program (TAP) before separating.22 TAP begins with an assessment of each transitioning service member’s risk for unemployment.23 After this assessment, TAP divides participants into three risk tiers, each with a tailored package of tasks.24 These tasks prepare service members for transition and generally include four hours of pre-separation counseling and five days of classroom-based transition instruction.25 Service members can participate in TAP as early as 12–24 months before their separation dates26 and can attend multiple times if needed.27 For service members who do not complete their assigned tasks or who require additional assistance, TAP counselors complete a “warm handoff,” or transfer of care, to the VA, Department of Labor, and other government agencies that assist Veterans after separation.
SEPARATION IS FRAUGHT WITH CHALLENGES Beginning with the decision (or instruction, in the case of involuntary separation) to separate from service and culminating in successful reintegration into civilian life, transition may take years to navigate, and it is often fraught with challenges. According to a 2011 survey, 27% of Veterans reported difficulty adjusting to civilian life—including adjusting to new geographic locations, careers, social networks and relationships, and communities. For post-9/11 Veterans, that number is 44%.28 In his work on Veteran transition issues, Dr. David Joseph, Clinical Director of the Oakland Vet Center, identifies and explores the following touchstones of military culture: discipline, structure, aggression, respect, strength, honor, and teamwork.29 Aggression is a particularly poignant example of the contrast between Veteran and civilian cultural
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Task Force Member Abdiel Joseph and Congressman Hakeem Jeffries
“We try to pursue a sense of normalcy. That’s an uphill battle that we never win. Our whole life is spent trying to be normal again and trying to assimilate to what we call the ‘civilian world.’ There is a divide between the military world and the civilian world. When we leave one world and try to transition to another, a lot of times the odds are against us and we don’t know where to go or who to speak to.” – Task Force Member, Abdiel Joseph
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MILITARY PARTICIPATION % of total U.S. population in armed forces 1900–2010 10%
World War II 1941-45
9 8 7
Korean War 1950-53
6
World War I 1917-18
5
Gulf War 1990-91 Vietnam War 1964-73
4
Post-9/11 wars 2001-present
3 2 1 0 1900
1920
1940
1960
1980
2000
2010
SOURCE: Molly Clever and David R. Segal. “After Conscription: The United States and the All-Volunteer Force.” Security and Peace (Sicherheit und Frieden). Pew Research Center
norms. For service members, the military strongly reinforces targeted aggression over time. Service members learn to use aggression as a tool for addressing conflicts directly, which may at times be necessary for success and survival. By contrast, civilian cultural norms emphasize diplomacy over aggression and promote conflict avoidance. Cultural differences between the military and civilian society may also cause difficult transitions. Service members live in distinct cultural spaces. Within these spaces exist nuanced and specific subcultures, unique language and humor, social norms, shared values, and explicit and implicit rules of behavior. The transition from military service to civilian life—with its different cultural norms—can lead to readjustment stress for many Veterans, even those without any underlying mental or physical health conditions.30
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Other elements of military culture exemplify how readjustment stress may develop in transitioning Veterans. For instance, the military environment celebrates camaraderie and focuses on the team as a unit collectively responsible for solving problems. A service member’s team becomes her vital support network. Upon separation, however, she may suddenly find herself without that support network and required to independently navigate civilian environments that foster a more individualistic mentality. In its 2018 Military Family Lifestyle Survey, Blue Star Families reported that 45% of Veterans and Veteran spouse respondents identified loss of connection to the military community as their “key transition challenge.”31 When the U.S. military shifted to an allvolunteer force after the Vietnam war, the differences between military and civilian culture became more acute. Specifically,
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since the draft ended, far fewer Americans have served in the military (nearly 9% of the U.S. population served in World War II compared to 0.5% of Americans in the post-9/11 era despite this period’s lasting much longer than World War II). As a result, military culture has become inaccessible to civilians, and the civilian-military cultural divide is deeply entrenched in American society. Consequently, many transitioning Veterans report feeling different, separate, and disconnected from their families, colleagues, and peers who have not served in the military.32 The distinctions between military and civilian culture have critical consequences. For instance, one Veteran who served in the United States Army from 2001 to 2008 described how transitioning to civilian life affected his sense of purpose and identity: “It was very difficult. I no longer had equipment to maintain. I no longer had to have the accountability of my soldiers. I had nobody to lead. It was an abrupt stop to a lifestyle that I had been living for the past seven years.”33
EFFECTS OF BAD PAPER “Bad paper” generally refers to bad conduct discharges, dishonorable discharges, administrative discharges under other than honorable conditions, and general under honorable discharges. Bad paper may have a critical impact on a Veteran’s transition success. When Veterans return to civilian life, bad paper will inhibit their ability to access Veterans services and benefits. For instance, bad paper disqualifies some Veterans from receiving certain Veterans’ benefits and services. Other Veterans with bad paper may still qualify for benefits and services once the VA determines they separated under conditions other than dishonorable.34 Yet, VA officials frequently refuse to serve them without initiating the discharge review process. This failure undermines many Veterans’ access to quality and responsive healthcare or treatment programs. Notably, as the number of Veterans with bad paper has increased in the post 9/11 era, so has their exclusion from basic VA resources.
DISCHARGE STATUS
EXPLANATION
Honorable
No misconduct or minor misconduct
General Under Honorable Conditions
Minor misconduct
Uncharacterized
Due to entry level separation
Uncharacterized
Due to void enlistment or dropped from the rolls
Other than Honorable (OTH)
Service record shows some misconduct, but not separated due to court martial conviction
Bad Conduct
From conviction of a special court martial (misdemeanor-level)
Bad Conduct
From conviction of a general court martial
Dishonorable
From conviction of a general court martial
VA BENEFITS ELIGIBILITY
Eligible*
VA Character of Discharge Determination needed
Barred from VA benefits**
* **
Unless a statutory bar applies. See 38 U.S.C. § 5303.10 Unless the claimant was found insane at the time of the misconduct, per VA definition of insanity at 38 CFR § 3.354
SOURCE: Towards an End to Veteran Homelessness and Suicide - Recommended Changes to the VA's Character of Discharge Determination Process: Hearing Before the Subcomm. on th Disability Assistance & Memorial Affairs of the H. Comm on Veterans Affairs, 116th Cong. (2020) (statement of Maureen Siedor, Legal Director of Swords to Plowshares).
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Military Sexual Trauma MST refers to non-consensual sexual contact, including sexual assault, sexual harassment, and unwanted sexual advances, that occurs during military service. Although the reasons for the recent increase in bad paper discharges are uncertain, research suggests that undiagnosed trauma and ongoing discrimination against marginalized service members may be a critical factor.35 For instance, where a service member has experienced trauma, including military sexual trauma (MST), or has a mental illness or other similar condition, and has not received adequate treatment or support, the service member may be prone to exhibit behaviors or engage in conduct that results in a bad paper discharge.36 The operational tempo of the post-9/11 military may also give rise to the increase in bad paper discharges.37 Commanders may pursue administrative discharges, which can occur relatively quickly, to remove members whose actions legitimately harm the unit.
For instance, if a unit member refuses to wear uniform or perform a duty, a commander may pursue an administrative discharge. Commanders may also pursue punitive discharges when members engage in misconduct. Under both circumstances, the discharged member will receive bad paper. Notably, however, the rise in bad paper disproportionately impacts service members who have post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI) or are MST survivors.38 In 2017, the GAO studied Department of Defense (DOD) data on the military’s compliance with a statutory directive to “assess the impact of a PTSD or TBI diagnosis before separating certain servicemembers for misconduct” under DOD regulations.39 GAO found that of 91,764 service members separated for misconduct during fiscal years 2011-2015, 57,141—62%—had been diagnosed with PTSD, TBI, or certain other conditions that could be associated with misconduct within the two years before their date of separation.40 Of the total number, 14,816—16%—had been diagnosed with
PERCENT ENLISTED SERVICEMEMBERS WITH BAD PAPER DISCHARGES 16
8.4%
14
PERCENT
12
5.8%
10 8 3.0%
6 4 2
3.9% 3.9%
0.2%
1.9%
1.0% 0.7%
1.4%
0 World War II
Korean War Punitive
5.3%
4.8%
5.8%
2.5% 0.4% Vietnam War Other than Honorable
1.0%
0.9%
Cold War
First Gulf War
1.0% Post-9/11
General (Under Honorable Conditions)
SOURCE: Department of Defense FOIA response; Veterans Legal Clinic, Underserved (2016).
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12K 10K 8K 6K 4K
Army
Marine Corps
Navy
SOURCE: Department of Defense FOIA Response; Veterans Legal Clinic, Underserved (2016)
PTSD or TBI.41 Twenty-three percent of the members separated for misconduct who had been diagnosed with PTSD or TBI received an other than honorable characterization of service—bad paper rendering them ineligible to receive VA benefits.42 A separate DOD Office of Inspector General report found that between January 1, 2009 and June 30, 2015, 34% of service members who reported a sexual assault involuntarily separated from the military.43 The Inspector General concluded from its review of applicable discharge records that the service branches failed, in many instances, to comply with DOD policy for appropriately considering the effects of MST when discharging service members who reported assaults, resulting in “numerous service members [having] inaccurate DD Forms 214 [which] may violate service members’ rights to have an accurate record of their service.”44
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Character Of Discharge Redeterminations Army Veterans seeking character of discharge redeterminations may be eligible for relief under a recent Federal class action lawsuit titled Kennedy v. McCarthy, Case No. 3:16-cv-2010-CSH, which is (as of the writing of this report) pending in the United States District Court for the District of Connecticut On November 17, 2020, the parties in Kennedy filed a proposed settlement agreement, that, if approved, would trigger an automatic review of several thousands of U.S. Army Veterans’ discharge redetermination applications that were previously denied by the Army Discharge Review Board since April 17, 2011 and permit U.S. Army Veterans who petitioned for character determination upgrades and whose petitions were denied between October 7, 2001, and April 16, 2011, to refile their petitions for reconsideration by the Army Discharge Review Board. Eligibility for relief depends largely on whether an Army Veteran suffered mental health conditions, including PTSD, TBI, or MST. This settlement makes it incumbent on Veteran-serving organizations to begin screening Veterans for eligibility. For Veterans with similar issues but who are not part of the class designated in Kennedy, similar class action lawsuits may be another route to relief.
19
2015
2014
2013
2011
2012
2010
2009
2007
2008
2005
2006
2003
2004
2001
2002
2000
1999
1997
1998
1995
1996
1993
Air Force
1994
1992
1991
1990
1989
1987
1988
1986
1985
1983
1984
1981
0K
1982
2K 1980
Total Number of OTH Discharges
ADMINISTRATIVE OTHER THAN HONORABLE DISCHARGE BY SERVICE BRANCH 1980-2015
VETERANS’ CIVIL LEGAL PROBLEMS Service members take an oath to defend the United States and the American people, an oath they often fulfill at peril to their own lives.45 Yet, upon returning home, Veterans frequently face civil legal issues that impede their ability to successfully reintegrate into civilian life. In its 2017 Justice Gap study, LSC found that 71% of surveyed Veteran households (households where at least one individual is a Veteran) faced at least one civil legal challenge that year. Of those, 21% faced six or more challenges.46
In its 2017 Justice Gap study, LSC found that 71% of surveyed Veteran households (households where at least one individual is a Veteran) faced at least one civil legal challenge that year. Of those, 21% faced six or more challenges. VETERAN-SPECIFIC LEGAL PROBLEMS When Veterans return to civilian life, they may face legal issues unique to those who have served. Two of the primary issues are: » Veterans Benefits Administration (VBA) and Veterans Health Administration (VHA) claims; and » Character of Discharge (COD) determinations and military record corrections. Veterans may also face difficulty obtaining other benefits associated with military service, such as Federal Veteran hiring preference47 and state Veterans’ benefits.48 VBA & VHA Claims The VA is the Federal agency charged with fulfilling the nation’s obligations to care for its Veterans after military service.49 The VA includes the VBA, the VHA, and the National Cemetery Administration (NCA). The VBA is responsible for determining benefit eligibility, including eligibility for
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compensation, pensions, and home loans. Meanwhile, the VHA determines eligibility for healthcare services and manages medical centers and healthcare facilities across the nation.50 Finally, the NCA provides a burial space for Veterans and their eligible family members and maintains national cemeteries as sacred spaces.51 According to the Veterans Legal Clinic at Harvard Law School, over 125,000 Veterans who served between 2001 and 2016 are ineligible to access VA services and benefits because of their discharge status.52 Veterans who lack access to VA services often require legal assistance to file an initial application for services or to challenge denials of services.53 Even where Veterans would be eligible for these services, many cannot or do not access them for various reasons, including that they may not know how to apply for services. Once Veterans access VA benefits, they may develop legal needs related to those benefits. For example, a Veteran may use GI Bill benefits to enroll full-time at the local college. If the Veteran reduces their class load below full-time or disenrolls from school, they must tell the VA of the change. If the Veteran fails to inform the VA, or the VA fails to process the change, the VA may continue to pay tuition resulting in an overpayment that the VA will require the Veteran to repay. The VA debt management process is complex because it involves several offices within the VA itself. Depending on the stage of collection and whether other Federal benefits, such as Social Security Disability Insurance, are involved, the collections process may involve the Department of the Treasury. Veterans may need legal assistance to help them navigate the debt management process. Character of Discharge Determinations & Military Record Corrections Upon leaving service, the military assigns every Veteran a discharge status. Veterans’ discharge status determines their eligibility for certain benefits. Veterans receive notification about the reasons for their
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separation and, if these reasons are false or inaccurate, they may apply for records corrections, challenge their discharge status, or apply for a discharge upgrade. The Veteran must apply to the discharge review board or the board for correction of military records for the branch in which they served to obtain this relief. Discharge status challenges are time- and resourceintensive processes that can take years to reach resolution. Upgrading a Veteran’s discharge yields transformational benefits, from gaining access to Federal Veterans’ benefits and healthcare to healing the stigma of an unjust less-than-honorable characterization of service. A forthcoming publication, the Military Discharge Upgrade Legal Practice Manual, provides Veterans’ rights advocates a modern, comprehensive guide to discharge upgrade law. Using this guide, Veterans’ advocates will be able to develop upgrade petitions by identifying procedural errors in the separation process, finding inequities and injustices in the discharge, collecting and developing documents that support arguments for relief, thoroughly and compellingly presenting a narrative in the light most favorable to an applicant, and framing and preserving legal issues for review to an appellate court. The Manual also offers guidance about accessing the VA through the COD review process. Where a Veteran with bad paper is unable to obtain a discharge upgrade or does not seek one in the first place, the Veteran may still apply to receive services or benefits from the VA. When the VA receives that Veteran’s application, the VA must conduct the COD process to determine whether the Veteran is eligible for the requested services and benefits.54 For instance, if a Veteran receives an other than honorable discharge because they were absent without leave for 180 days or more, the VA may still determine through the COD process that their service was honorable for purposes of receiving VA healthcare if the Veteran demonstrates “compelling circumstances to warrant the prolonged unauthorized absence.”55
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While there are certain statutory and regulatory bars that guide the VA in its determination, there is a lack of clear guidance on what misconduct falls within the statutory and regulatory bars.56 VA adjudicators, who are granted a certain level of deference, often fail to consider mitigating evidence like mental health and trauma-based injuries that many Veterans have endured.57 As a result, COD determinations are inconsistent and many Veterans are unjustly denied benefits and other services.58
PHOTO CREDIT: Pensive U.S. Army Soldier Sitting at Desk and Thinking While Writing Letter to Home by Drazen Zigic
GENERAL LEGAL PROBLEMS Beyond service-related legal needs, Veterans may have general civil legal needs central to their successful reintegration into civilian life. These general legal needs include: » Consumer and finance issues; » Employment issues; » Housing issues; » Family law issues; and » Emerging public health issues, among others.
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Consumer and Finance Issues
Employment Issues
Roughly 36% of Veteran households require legal assistance for consumer and finance matters upon discharge.59 In fact, the Consumer Financial Protection Board reported that Veterans initiated 34,000 consumer complaints in 2019, a 117% increase over the previous five years.60 The most frequent Veteran consumer complaints include those related to:
Veteran households may also experience employment issues that inhibit their ability to make an adequate living or to access necessary benefits. Approximately 20% of Veteran households report employment issues as a legal need;66 like consumer and finance issues, this number is trending upwards. In part due to the COVID-19 pandemic driving job loss nationwide, the unemployment rate for Veterans increased from 4.1% in March 2020 to 11.7% in April 2020.67 Veteran unemployment decreased to 5.5% by January 2021.68 Still, as of January 2021, 74% of unemployed Veterans 18 and older were unemployed for five or more weeks.69
» Credit or consumer reporting; » Debt collection; and » Mortgages.61 Although consumer fraud is not a Veteranspecific legal issue, Veterans are attractive targets for scammers. This is because they often receive pensions, disability benefits, and other cash benefits that represent a steady stream of income for an unscrupulous person to tap into. The Federal Trade Commission found that from 2014 to 2019, Veterans, service members, and their families lost more than $338 million to fraud.62 Examples of fraud perpetrated against Veterans include: » “Pension poaching,” a financial scam in which an alleged financial adviser promises to help a Veteran obtain extra benefits or expand their retirement funds but instead siphons funds from the Veteran’s accounts while not providing the promised assistance;63 » VA benefits scams, in which a caller purports to represent the VA and offers new benefits, such as low interest rates on home loans, and asks Veterans to provide personal information including Social Security and bank account numbers;64 and » Identity theft efforts, in which a caller pretends to be from Tricare, the healthcare program for military personnel and retirees and their families, and contacts beneficiaries to offer them COVID19 test kits but requires Veterans to provide personal information before providing the test kits.65
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Despite this increase in unemployment, many Veterans lack access to unemployment compensation and other benefits. The Unemployment Compensation for Ex-Service Members (UCX) program provides benefits to eligible ex-military personnel.70 But, Veterans may not qualify for UCX if they were not serving on active duty within the “base period” of their unemployment claim, if they received an other than honorable discharge, if they are a reservist that failed to complete their first full term of service, or if they failed to complete 180 days of continuous active duty.71 In addition, if a recently unemployed Veteran receives separation pay, they may lose their eligibility for Veteran unemployment compensation.72 Housing Issues In 2020, Congress expanded eligibility for the Housing and Urban DevelopmentVeterans Affairs Supportive Housing (HUDVASH) program. Under this expansion, chronically homeless Veterans may participate in the HUD-VASH program and receive housing vouchers, regardless of length of service, so long as they did not receive a dishonorable discharge or were not discharged through a general court martial sentence.73 Despite this expansion, Veterans continue to disproportionately experience housing-related legal concerns,
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including homelessness. For instance, while Veterans account for 5% of the U.S. population, they comprise 11% of adults experiencing homelessness in the U.S. today, and nearly 40,000 Veterans are without shelter on any given night.74 Moreover, a 2018 survey found that Veterans who have experienced homelessness identify legal services to prevent evictions and foreclosures among their top 10 unmet needs.75 Family Law Issues Veterans frequently have family law needs related to their time in service, including needs related to custody and child support, guardianship, and protection orders and divorce. A Veteran’s health and financial stability can have significant impacts on their family law cases. For instance, in most states, courts presiding over child custody cases will determine custody based on “the best interest of the child.” To make this determination, courts will consider numerous factors, including the parents’ mental and physical health, which parent has been the child’s primary caregiver, and the parents’ finances. With respect to Veteran families, courts may consider whether the Veteran parent suffers from PTSD, TBI, or other mental and behavioral health conditions.76 A court may also consider whether a Veteran parent is less financially stable than the other parent if the Veteran is struggling to obtain benefits, education, or employment due to bad paper.77 As a result, many Veterans are disadvantaged in custody cases. Moreover, Veterans are more likely to experience divorce than civilians; this statistic is particularly true for combat Veterans. The divorce rate in the U.S. trends more than 60% for Veterans78 and 80% for combat Veterans,79 compared to rates between 40% and 50% for the non-Veteran population.80 Studies have explored this heightened divorce rate, finding that high rates of PTSD and substance abuse among Veterans have severe negative effects on their marital adjustment, general family functioning, parenting problems, and mental health problems among Veterans’ partners and loved ones.81
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Nearly 40,000 Veterans are without shelter on any given night. When a Veteran and their partner agree to divorce, a Veteran’s entitlement to retirement and other benefits is a key consideration in property division and support determinations. For instance, although each state has its own laws governing property division upon divorce, Federal law protects Veterans’ disability benefits from consideration in marital property division.82 Yet, Veterans’ disability benefits are considered income when courts make alimony and child support awards.83 Likewise, where Veterans cannot make spousal support or child support payments, states can sometimes garnish VA benefits to support the Veterans’ dependents after divorce.84 Emerging Public Health Issues Veterans and their households consistently identify health-related issues as their most frequent and pressing civil legal need.85 Available information about Veteran health, however, does not consider the recent impact of COVID-19. Even with access to quality healthcare, Americans are dying from COVID-19 complications at alarming rates,86 and Veterans—particularly those with service-connected disabilities or aging Veterans—may be at an increased risk of COVID-19 complications and death.87 When Veterans die from COVID-19, their dependents and other family members may face obstacles obtaining survivors’ benefits if the death is attributed to COVID-19 as opposed to a pre-existing disability.88 While Congress has introduced legislation to address this issue,89 Veterans’ beneficiaries will need to rely on legal advocacy to remove these obstacles until such legislation passes. Notably, COVID-19 will have impacts beyond Veterans’ health. During 2020, COVID-19 ravaged the nation’s economy and changed the ways Americans work, socialize, and live.90 Veterans are likely experiencing COVID-19’s economic and housing impacts (e.g., economic recession, job loss, evictions,
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and foreclosures) disproportionately.91 While many public and private initiatives are designed to help Veterans handle the economic effects of COVID-19,92 the financial stress arising from COVID-19 will continue for the foreseeable future.
orientation, or other status. For instance, minority and marginalized Veterans are more likely to experience homelessness, unemployment, poverty, substance use disorders, suicidal ideation, and justice system involvement than white Veterans.94 Minority and marginalized Veterans also frequently face unique barriers while accessing services from the VA and other providers. Simply because of their identities, many service providers discriminate against marginalized Veterans and deprive them of critical benefits.95 In turn, those unmet needs further contribute to poor outcomes for these Veterans.
VETERANS FROM RACIAL AND ETHNIC MINORITY BACKGROUNDS (“VETERANS OF COLOR”)
PHOTO CREDIT: U.S. Marine Corps by Cpl. Alexia Lythos
ADDITIONAL BARRIERS TO SERVICE FOR SPECIFIC POPULATIONS OF VETERANS Over the past 30 years, the number of women and gender diverse persons, LGBTQ+, and racial and ethnic minorities (including Black, Indigenous, and people of color) in the military has increased.93 With the percentage of specific populations enlisting in the military rising, the diversity of the Veteran population has likewise expanded. Specific populations of Veterans, including Veterans from vulnerable or marginalized communities, or those whose needs and experiences have been neglected historically, face many of the same unmet legal needs as other Veterans. They also face additional legal needs because of their race, ethnicity, gender, sexual
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In 2017, 31.3% of active-duty military members were persons of color, including Black or African American, Asian American, American Indian or Alaskan Native, and Native Hawaiian or Other Pacific Islander; 15.5% were of Hispanic or Latino origin.96 In the same year, Black, Indigenous, and other persons of color constituted 23.7% of the total Veteran population.97 Estimates suggest they will make up more than 36% of all living Veterans by 2045.98 Veterans of color experience the same reintegration challenges as white Veterans, including homelessness, job insecurity, justice system involvement, mental and physical health concerns, and consumer and financial legal issues. However, Veterans of color experience these challenges disproportionately because they face compounding racial or ethnic discrimination during and after service. For instance, they face stark racial disparities in the military justice system.99 Black and other service members of color are substantially more likely to be investigated for misconduct and face disciplinary action than white service members. Black service members are roughly 2.61 times more likely to face disciplinary action through the military justice system than white service members.100
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These disciplinary disparities correlate with an increased likelihood that service members of color will receive bad paper discharges, resulting in exclusion from essential VA benefits.101 Bad paper discharges are more insidious for Veterans of color due to the structural and systemic discrimination that Veterans of color face.102 In fact, Veterans of color the VA turns away due to their discharge status often report feeling excluded from the Veteran community.103 They are frequently unable to access competent and holistic services in their local communities. Local providers who work specifically with the Veteran community may have implicit biases about persons of color, including Veterans. These implicit biases may affect whether service providers offer the same support to Veterans of color that they offer white Veterans.104 Meanwhile, local providers dedicated to serving communities of color in their area may lack an understanding of Veteranspecific issues. As a result, the service gap that Veterans of color face is far more entrenched than the service gap for white Veterans. Without access to holistic services that recognize systemic racial inequities, they will continue to face obstacles to stable housing, financial security, and race- and ethnicity-sensitive mental and physical health treatment. According to a study conducted by Protect Our Defenders, between 2006-2015: » Black Airmen were 71% more likely to face a court martial or non-judicial military punishment than white Airmen in an average year; » Black Marines were 32% more likely to have a guilty finding at a court martial or non-judicial military punishment proceeding than white Marines in an average year; and » Black Soldiers were 61% more likely to face general or special court martial than white Soldiers.
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PHOTO CREDIT: Kristen Reardon
WOMEN, TRANSGENDER, AND GENDER DIVERSE VETERANS Women, transgender, and gender diverse persons, including non-binary and gendernonconforming persons, constitute an increasing number of service members and Veterans. For instance, in 2018, women made up nearly 20% of officers in every military branch except for the U.S. Marine Corps, where 8% of officers were women.105 As a result, by 2019, women constituted approximately 10% of the total Veteran population.106 The number of gender diverse persons who currently serve or have served is difficult to assess. However, sources suggest that despite the transgender military ban in effect until January 2021, there are more than 15,500 transgender current active service members, and more than
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134,000 transgender Veterans.107 In fact, a recent study found that the percentage of transgender persons who have served in the military is nearly double the percentage of transgender persons in the general U.S. population.108 While many Veterans face similar legal concerns regardless of their gender, women, transgender, and gender diverse Veterans have unique needs specific to their gender identities. For instance, they are far more likely to experience MST than cisgender men who serve.109 A 2020 study found that transgender service members are particularly vulnerable, as 83.9% of transgender service members experienced sexual harassment and 30.4% experienced sexual assault.110 Additionally, under the transgender military ban, the military could legally deny transgender persons the right to gender transition while serving,111 and known or suspected transgender service members
could be discharged with bad paper.112 Upon separation, women, transgender, and gender diverse Veterans may struggle to access adequate reproductive and gender-inclusive healthcare. They also frequently face discrimination in accessing Veterans’ benefits, with 1 in 10 women reporting discrimination while accessing VA benefits.113 Gendersensitive legal assistance is necessary to ensure women, transgender, and gender diverse Veterans have equitable access to all Veterans’ services.114
LGBTQ+ VETERANS Before and during the era of Don’t Ask Don’t Tell (DADT) (1994-2011), LGBTQ+ service members and Veterans experienced significant discrimination during and after their service. As of 2017, more than 114,000 service members had received a bad paper discharge due to “homosexual conduct” or actual or perceived sexual orientation.115 Since President Obama
PHOTO CREDIT: U.S. Air Force photo by Senior Airman Brandon Esau
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eliminated DADT in 2011,116 boards for correction of military records must correct LGBTQ+ Veterans’ characters of discharge if they were discharged under DADT with bad paper.117 Applicants must provide proper documentation demonstrating their discharge was “inequitable,” such as where the Veteran had a clean service record aside from an instance or instances of homosexual conduct.118 For many LGBTQ+ Veterans, however, opportunities to upgrade or improve their character of discharge cannot remedy certain past denials of Veterans’ services and benefits. For instance, if a Veteran discharged under DADT was unable to use the GI Bill or obtain gainful employment because of their discharge status, a discharge upgrade cannot retroactively ameliorate the financial and other harm caused. Moreover, although LGBTQ+ Veterans can access VA benefits after receiving discharge upgrades, they may face ongoing discrimination while accessing those benefits.119 According to the VA, LGBT Veterans face challenges associated with lower rates of routine and preventive healthcare; higher rates of discrimination, stigma, and traumatic experiences; higher risk for mental illnesses, such as anxiety and depression; and maladaptive behaviors including alcohol and substance use disorders.120 Civil legal services are essential to mitigating and otherwise challenging the discrimination that LGBTQ+ Veterans face. Attorneys can help LGBTQ+ Veterans apply for discharge upgrades and the full benefits that come with them. Yet, without conducting outreach to LGBTQ+ Veterans, organizations that serve Veterans will fail to understand or meet their distinct service needs.
VETERANS WITH DISABILITIES Veterans with disabilities may face different legal issues depending on whether their disabilities are service-connected. For instance, Veterans with service-connected disabilities may have legal needs related to VA claims, including accessing VA disability compensation and pensions. Veterans with service-related disabilities who
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have undergone medical separation may need legal assistance to acquire Physical Evaluation Board ratings, severance pay, and disability retirement compensation (including military records correction for military disability retirement). On the other hand, Veterans with non-serviceconnected disabilities may have legal needs arising from the civilian healthcare or legal systems, including access to Social Security, Medicaid, in-home care, or debt relief for medical bills. Regardless of the cause of their disabilities, Veterans with disabilities may also require additional accommodations to access services because of the barriers they face. These include physical barriers obstructing access to legal aid offices and VA centers, informational barriers where materials are not provided in accessible formats such as Braille or Easy-to-Read, and communication barriers where Veterans require interpreters.
Aging Veterans face many of the same legal challenges as non-aging Veterans, like obtaining VA benefits and care, and others unique to aging non-Veterans, like accessing nursing homes or obtaining in-home assistance. AGING VETERANS Aging Veterans face many of the same legal challenges as non-aging Veterans, like obtaining VA benefits and care, and others unique to aging non-Veterans, like accessing nursing homes or obtaining in-home assistance. Certain cohorts of aging Veterans may also have legal needs related to their period of service. For instance, Vietnam-era Veterans may have health problems related to Agent Orange exposure that were not previously determined to be service-connected, even if they did not serve within Vietnam itself. Under the Blue Water Navy Vietnam Veterans Act of 2019, Veterans who served off the coast of Vietnam are now entitled to a presumption of service connection
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for certain disabilities associated with Agent Orange exposure. Civil legal aid can help Vietnam Veterans suffering from presumed exposure to obtain VA health benefits for their symptoms. Aging Veterans may also benefit from assistance accessing nursing homes, estate planning, drafting medical directives, obtaining in-home assistance,121 and applying for non-VA government benefits such as Social Security and Medicare.
CONSIDERATIONS AFFECTING VETERANS’ LEGAL AND OTHER NEEDS The legal issues that Veterans face do not exist in a vacuum. Rather, they shape—and are shaped by—the Veteran’s identity, environment, and personal experiences.
“We sign up to defend all [Americans] and we do it without expecting anything in return. But the emotional strain that we’ve gone through is very damaging. I never imagined that PTSD would be such an issue for me, but it was. It was dangerous.” – Robin Honeycutt HOMELESSNESS AND HOUSING INSTABILITY Veterans experiencing homelessness or housing instability face many challenges requiring civil legal assistance for resolution. Stable housing can give Veterans a safe, secure footing from which they can work to address other challenges. Conversely, lack of stable housing is a serious impediment to resolving other challenges. Government programs such as HUD-VASH, which combines rental vouchers for homeless Veterans with other supportive services, provide a valuable pathway to stable housing. Civil legal providers can assist Veterans
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accessing HUD-VASH, VA’s Supportive Services for Veteran Families (SSVF), VA’s Grant and Per Diem program, or other government housing benefits, such as Section 8 housing. Legal advocates can also help prevent homelessness by fighting voucher terminations, representing Veterans in evictions or other landlord– tenant disputes, and helping Veterans to address the root causes of housing instability, such as financial difficulties and source of income discrimination.
More than 20% of Veterans suffering from PTSD also suffer from some form of substance abuse. MENTAL AND BEHAVIORAL HEALTH CHALLENGES Many Veterans live with mental or behavioral health challenges, including TBI, PTSD, anxiety, depression, substance use disorder, and other similar conditions. For instance, approximately 1 in 10 Veterans returning from Iraq and Afghanistan suffers from some form of substance abuse disorder.122 Substance use disorder frequently co-occurs with untreated TBI, PTSD, depression, and other physical or mental health conditions. Specifically, more than 20% of Veterans suffering from PTSD also suffer from some form of substance abuse.123 Service members who manifest symptoms of mental illness during service may receive a bad paper discharge. With bad paper in hand, they may be unable to acquire necessary mental health or substance use treatment. Even if bad paper is not an issue, many Veterans may not seek help for their mental and behavioral health challenges due to continuing stigma associated with mental illness.124 The result is the same: Veterans with unmet mental health needs are at greater risk for experiencing other legal challenges, including employment issues, housing and financial instability, and domestic violence
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and other family law issues. They may also face substance-related legal problems, including driving under the influence, drug crimes, and property or personal crimes that fund illicit substance use. In addition, Veterans with untreated mental health conditions are at greater risk of death by suicide.125 In recent years, the DOD has issued Supplemental Guidance to Military Boards of Correction of Military/Naval Records, directing them to give “liberal consideration” to discharge upgrade applications from those Veterans who received bad paper discharges resulting from TBI, PTSD, depression, and other similar conditions.126 This guidance is particularly important because Veterans often do not receive diagnoses for these conditions until years after discharge.127 While these guidelines assist reviewers on the back end, Veterans suffering from TBI, PTSD, depression, and similar conditions still frequently require legal assistance to navigate the discharge upgrade application process. Social Determinants Of Health Social determinants of health are the circumstances into which a person is born, grows, lives, works, and ages; these conditions affect a wide range of health, functioning, and quality-of-life outcomes for a particular person and contribute to inequities between persons. For instance, social determinants of health include an individual’s access to safe housing, transportation, education, job opportunities, clean water and air, as well as whether an individual has been exposed to trauma or discrimination on the basis of race, nationality, gender, sexuality, ability, or other status.
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Although Veterans frequently experience multiple co-occurring adverse social determinants, the presence of even one of these adverse social determinants can increase a Veteran’s risk of death by suicide by 49%. SUICIDE RISK Suicide is a national public health crisis that disproportionately affects Veterans.128 Veterans are 1.5 times more likely to die by suicide than non-Veterans.129 When controlling for gender, women Veterans are 2.2 times more likely to die by suicide than women who have never served in the military.130 A Veteran’s experience with adverse social determinants of health— including violence, housing instability, employment and financial problems, legal problems, lack of access to care, and unmet physical and psychological health needs—correlates strongly with a Veteran’s suicide risk. Although Veterans frequently experience multiple co-occurring adverse social determinants, the presence of even one of these adverse social determinants can increase a Veteran’s risk of death by suicide by 49%.131 Despite Veterans’ high suicide risk, a 2020 VA study found that Veteran service providers can play a critical role in reducing suicide. Death by suicide rates decreased by 2.4% between 2017 and 2018 for Veterans who could access VHA services.132 Comparatively, death by suicide rates for Veterans who did not or could not access VHA services increased by 2.5%.133 Additionally, where VHA patients received a proper depression or anxiety diagnosis, their death by suicide rate decreased between 2005 and 2018.134 Given service providers’ critical role in reducing suicide among Veterans, they must have access to competent legal support and advocacy to ensure their equal access to VHA and other Veterans’ services.
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PHOTO CREDIT: Hill Street Studios LEGAL SERVICES CORPORATION
Recommendations for Legal Aid Providers Legal aid providers that have established successful Veteran-serving practices share several critical characteristics. They are trusted partners who have educated themselves about military culture and the unique challenges Veterans face and then engaged the military and Veteran populations in their communities to offer assistance. They have engaged Veterans to learn about their legal needs and to evaluate how they can best serve Veterans. Additionally, they have identified other local organizations that serve Veterans and joined forces to develop partnerships and networks of coordinated services to reduce the number of obstacles Veterans encounter when trying to get help. The Task Force encourages legal aid providers to develop or expand their efforts to know their Veteran clients and provide legal assistance in a manner that reflects Veterans’ needs and circumstances.135 In areas where legal aid providers are thinking about starting projects to serve Veterans, the Task Force recommends that providers talk with Veterans themselves to identify needs and strategies for meeting those needs. Finally, the Task Force recommends that legal aid providers explore models, including virtual service models, for coordinating with other organizations such as local VA health centers, VSOs, and social service providers.
“We work hard in this country to make our Veterans stronger. As community members, we do that by working hard to prevent Veteran homelessness, with Veterans treatment centers, and Veterans Treatment Courts. As members of Congress, we do that by creating legislation that actually affects Veterans and their families. At LSC, you do that by providing the resources necessary for Veterans to get through the legal system. As Americans, although [Veteran’s Day] is our day to formally recognize Veterans, we understand every day that it is our obligation to provide the services needed to make our Veterans stronger.” – Congressman James Panetta (CA-20)
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ESTABLISH TRUST WITH VETERANS As with any attorney-client relationship, the relationship between a Veteran client and their counsel cannot thrive without trust. Trust opens the gates to candor and clarity of purpose. Clients sometimes seek legal advice in circumstances of moral ambiguity. When the details of those circumstances are sensitive or unflattering, clients may be reluctant to share them. Trust can put clients at ease, encouraging them to be forthcoming with details. That candor is essential to a lawyer’s ability to present the client with a full range of options and an accurate assessment of their prospects for success. The need for trust is particularly important where differences in identity and experience create a cultural disconnect between lawyer and client. This is the case for many Veteran clients. The first step in bridging that gap and establishing trust with Veteran clients is for attorneys to become educated about and consider the unique cultural perspectives military service imparts, recognize that Veterans may have experienced service-specific trauma, and adjust their client approach to meet Veterans where they are, metaphorically speaking. Service members may perceive needing help as a sign of weakness. This perception creates a significant hurdle for Veterans who need legal assistance.136 In a Bob Woodruff Foundation report, mental health providers indicated that “[t]he stigma of needing to ask for help is difficult, along with the fear that receiving help will go on [a Veteran’s] record and have negative results later.”137 Even when a Veteran is ready and willing to seek help, they are often overwhelmed by the difficulty of doing so. Upon separating, Veterans encounter a confusing sea of resources intended to help them, yet the volume of these resources and lack of readily available information on how to apply for them can discourage Veterans. Doing nothing may
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simply be easier than trying to figure out where and how to obtain services without becoming overwhelmed by so much “help.” This reluctance to seek help, exacerbated by cultural and structural factors, inhibits the initial contact between legal aid providers and Veterans.
RECOMMENDATIONS RECOMMENDATION 1:
Legal Aid Providers Should Become Educated About Military Culture The Task Force recommends that legal aid attorneys who have never served in the military become familiar with military culture, which is nuanced and marked by coded jargon that identifies service members to each other by branch, unit, job, and other classifications. Competency in military culture may require understanding the differences among branches, including the traditions, customs, and courtesies within service branches. Competency is a key step toward building trust and rapport with Veteran clients—it allows representatives to speak the same “language” as their clients and it shows the clients that their representative has invested time and effort to meet them where they are. Notably, when a Veteran served in combat or other similar circumstance, their unique experiences may exacerbate cultural differences and distrust between that Veteran and civilians, especially if the Veteran experienced trauma as a result. Veterans struggling with combat-related PTSD, for instance, may be uncomfortable speaking to a legal representative if the Veteran must repeatedly explain their trauma in detail as part of a client intake or other similar process. Understanding the need for this kind of cultural competency— and making the effort necessary to obtain it—is essential to earning a Veteran client’s trust. That trust, in turn, is essential to effective representation and advocacy on the Veteran’s behalf.
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The American Bar Association The American Bar Association has helped lead the legal community in providing resources to the public and legal community. The ABA’s Coordinating Committee on Veterans Benefits and Services (CCVBS) provides training and continuing legal education programs directly relating to service members, their families, and Veterans, and a platform in which civilian attorneys can sign up to assist activeduty military lawyers in representing service members.138 The PsychArmor Institute The PsychArmor Institute is a leading education platform providing critical resources to those seeking to engage with and better support service members, Veterans, and their families.139 These resources include online courses and training, consultations to assess the initial needs of an organization serving Veterans, and educational products that incorporate evidence-based information to help support and sustain an organization’s needs and mission. RECOMMENDATION 2:
Legal Aid Providers Should Develop Strategies to Connect Transitioning Service Members with Services and Information When They Are Still Easy to Locate and Contact Veterans often disperse from the geographical areas of their final service installations, making locating and contacting Veterans difficult. Therefore, the Task Force recommends that legal aid providers develop strategies for connecting Veterans to services and information before separation. Because all transitioning Veterans must participate in TAP, the program is an excellent opportunity for civil legal aid providers to engage transitioning
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service members before they separate. Ensuring effective engagement of service members before they separate will foster trust between members and the legal aid community because service members will have a greater awareness of their rights and the resources available to them, as well as a stronger foundation on which to stand while reintegrating into civilian life. Specifically, the Task Force recommends that civil legal aid providers work with TAP offices at military installations to adequately screen separating service members for potential legal issues and ensure that separating service members receive information about civil legal aid during TAP. They should also reach out to Reserve and National Guard units, which may conduct TAP at the unit level. Legal aid providers should also engage the DOD’s Personnel and Readiness Offices to add them to the list of services available to Veterans on their websites. Legal aid providers should not rely entirely on TAP to engage transitioning service members before separation. Providers should also seek out other opportunities to engage currently serving military personnel and families, including outreach to programs and organizations that serve military communities. For example, the U.S. Chamber of Commerce Foundation’s “Hiring Our Heroes” program is a Department of Defense SkillBridge partner.140 SkillBridge is a DOD initiative that matches service members with civilian companies to “gain valuable civilian work experience through specific industry training, apprenticeships, or internships during the last 180 days of service.”141 The Task Force recommends that legal aid providers engage with the Chamber of Commerce Foundation and other organizations that connect with transitioning Veterans to educate these organizations about the availability of civil legal aid and to integrate legal services alongside the employment services they offer.
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ASSESS VETERANS’ NEEDS AND DEVELOP STRATEGIES TO ADDRESS UNMET NEEDS
separately from legal services with no direct interaction between medical and legal professionals. Healthcare providers may not screen for legal issues during intake and may lack processes for making legal referrals. Yet, recognizing and resolving legal issues before they become crises can greatly improve health outcomes.
In LSC’s 2017 Justice Gap study, 88% of Veteran households reported they had received inadequate or no legal assistance to resolve their challenge.
Attorneys serving Veterans would benefit from their clients having access to a healthcare and social services team addressing Veterans’ housing, health, and employment needs, and communicating with the attorney to provide support in connection with legal proceedings. The need for coordination is especially great in discharge upgrades and disability claims, where legal arguments are often intertwined with health issues.
Despite the abundant need for comprehensive legal assistance, many Veterans are unable to access vital services. In LSC’s 2017 study of the Justice Gap, 88% of Veteran households reported they had received inadequate or no legal assistance to resolve their challenge.142 Veterans may receive inadequate services due to a lack of coordination between— and capacity across—organizations serving Veterans. Veterans often face numerous complex and compounding legal issues, yet service providers historically work in silos based on their service area or expertise. In a 2015 study, a cohort of representatives from VSOs reported that although relationships between various service agencies exist in their respective jurisdictions, collaboration, referrals, and information-sharing among these organizations are underdeveloped.143 As a result, a Veteran may receive services from a VSO or other provider, but these services may not meet all the Veteran’s needs and the provider may not know where to send the Veteran for additional services. Thus, the Veteran may need to seek supplemental services elsewhere in the community, a burden that has insidious impacts for poor, rural, and disabled Veterans who may lack access to transportation and other resources necessary to obtain these services. Additionally, in many communities, civil legal resources are simply unavailable or poorly integrated with Veterans’ health services. Traditionally, healthcare is located 34
Siloed and physically separated services exacerbate existing barriers. For instance, a 2019 audit found that where Veterans appealed denials of VA healthcare claims, the VA failed to process the appeals for nearly two years.144 The Veterans either paid out of pocket for alternative care or went without access to care entirely.145 When the VA and other service providers collaborate to serve their common populations, they can pool resources to more effectively and efficiently respond to Veterans’ needs.
RECOMMENDATIONS RECOMMENDATION 3:
Legal Aid Providers Should Conduct Local Needs Assessments Centered on Veterans’ Input Although Veterans have general civil legal needs regardless of their location, some civil legal needs are area-specific. State and municipal laws governing eligibility for Veterans’ benefits, community resources, and local practices may shape Veterans’ experiences, rights, and access to resources. Thus, to fully understand the extent of Veterans’ civil legal needs in their communities and tailor services to meet those needs, providers should conduct comprehensive local needs assessments. Needs assessments offer providers a snapshot of local policy and systems LEGAL SERVICES CORPORATION
Veterans Service Organizations
General James N. Mattis
“Those involved in providing legal services to Veterans are often the only gateway for those Veterans to gain access to committed and continued legal support.” – General Mattis affecting their communities and identify the areas where their communities’ needs remain unmet. Providers can undertake this step alone, or they may join with or use the resources of other organizations in their community to ensure their needs assessments are comprehensive. When conducting needs assessments, providers should start by speaking with Veterans, who are best positioned to communicate their own legal, health, and other needs, and identify gaps in the systems that exist to meet those needs. Providers may use surveys, informal interviews, and direct interactions with Veterans to learn about the specific challenges Veterans face. Providers can work with VSOs to identify Veteran participants; VSOs can also contextualize Veterans’ responses to survey, interview, and other assessment methods. Because Veterans may be difficult to identify and contact, particularly if they are homeless, providers may consult the VA’s Community Homelessness Assessment, Local Education and Networking Groups (CHALENG) Survey for information. CHALENG comprises two components. The first component consists of surveys administered
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Veterans Service Organizations (VSOs) are private nonprofit organizations that advocate on Veterans’ behalf and provide Veteran-specific resources. In particular, accredited VSO representatives (also called “Veterans Service Officers”) assist Veterans with filing claims with the VA for disability compensation, employment and housing services, financial assistance, mental health and substance abuse treatment, and transition counseling. While each organization has slightly different training methods, generally VSO representatives receive training, take an exam, and undergo continuing education to ensure their competent representation of Veterans during claim filing and other processes. In addition to direct representation, VSOs may also engage in policy advocacy before Federal and state legislative bodies to promote Veterans’ rights across service areas and request additional resources to meet Veterans’ needs. Paralyzed Veterans of America (PVA) is an example of a Federally chartered VSO working to assist Veterans with their disability claims and access to VA healthcare, along with advocating for their rights. PVA members have catastrophic disabilities, and their advocacy began when a band of service members who returned from World War II with spinal cord injuries founded PVA to literally overcome barriers. PVA assists its members and other Veterans with disabilities in applying for VA benefits and services. PVA also conducts medical research focused on Veterans and spinal cord injuries and diseases, and advocates for the civil rights of all persons with disabilities.
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to Veterans, community partners, and VA staff to “assess local challenges faced by homeless Veterans, identify unmet needs and encourage partnership action to meet those needs.”146 The second component consists of meetings between VA and community service providers to address barriers to Veteran housing access identified by the survey and foster collaboration between participants to overcome those barriers. CHALENG’s two-pronged approach illustrates the advantages of gathering information both at an individual level from Veterans and at an organizational level from the VA and other government organizations and community services providers. Providers should ensure their needs assessments consider specific populations of Veterans, including women, gender diverse, LGBTQ+, racial and ethnic minorities, aging, disabled, and low-income Veterans, among others, who have unique experiences serving and transitioning from military life and who require culturally sensitive services. Service providers should identify the populations of Veterans in their respective communities, learn about their specific experiences, receive robust cultural competency training, and ensure that the services they provide meet the needs of these populations.
EXPAND EXISTING COMMUNITY SERVICE DELIVERY MECHANISMS The Task Force explored several existing community-based service delivery mechanisms working to address service gaps. These models included medical-legal partnerships (MLP), legal partnerships with existing Veterans’ programs, comprehensive interactive provider databases, coordinated care networks, screened referral networks, Veterans Treatment Courts (VTC), and law school clinics.
VA COLLABORATIONS: MEDICAL-LEGAL PARTNERSHIPS AND CLINICS Veterans’ legal needs often compound their social, health, and other needs. Collaborations between VA facilities and legal aid providers can efficiently address these compounded needs by locating lawyers in healthcare and other social support settings.147 Collaboration models include MLPs and less formal legal clinics. An MLP is a formalized partnership between a legal aid organization and the VA that authorizes legal staff, nurses,
PHOTO CREDIT: Kristen Reardon
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physicians, psychiatrists, psychologists, and social workers to work collectively to provide holistic support to Veterans at VA healthcare facilities. MLP attorneys can also work directly with healthcare providers to identify social and health needs that have legal underpinnings, thereby improving existing healthcare services for Veterans.148 For instance, when a Veteran goes to a VA facility seeking healthcare, and the healthcare provider identifies that the Veteran has an ongoing legal need affecting their health and well-being, the healthcare provider can refer the Veteran immediately to the legal aid provider and vice versa.149 MLPs are flexible partnerships, allowing attorneys to tailor their services to a healthcare facility’s priorities, such as where a facility focuses on a geographic area or health concern (e.g., homeless patient care or Veterans’ mental health). They can also handle general legal needs common among the facility’s patients.150 Presently, more than 30 MLPs operate at VA Medical Centers (VAMCs) throughout the country.151 Many of these VA-embedded MLPs have successfully closed the gap between Veterans’ legal and healthcare needs. For instance, the West Los Angeles VAMC joined with the Inner City Law Center to establish an MLP (West LA MLP).152 In its early stages, the West LA MLP integrated with the VAMC’s homeless patient care team and staffed the MLP with an Equal Justice Works Fellow to “address[] the most urgent needs preventing [V]eterans experiencing homelessness from rehabilitation—specifically unmet legal needs associated with chronic homelessness, such as income stabilization, benefit denial appeals, housing issues, and low-level criminal issues.”153 As a result, the West LA MLP is thriving today and serves as a model of “enabl[ing] [V]eterans experiencing homelessness to get all of the clinical care, legal services, and other supportive services that they need… in an integrated, collaborative fashion.”154 Likewise, the Connecticut Veterans Legal Center (CVLC) partnered with the Errera Community Care Center (Errera) to form an MLP.155 Together, Errera staff and CVLC attorneys provide comprehensive services VETERANS TASK FORCE REPORT
to Veterans experiencing homelessness.156 As a result of this collaboration, Veterans are able to obtain assistance from on-site attorneys specializing in housing law and other legal areas impacting Veterans’ health and well-being.157 Since its founding in 2009, the MLP has grown to involve 13 CVLC staff members and over 200 pro bono partners who have served nearly 4,000 Veterans.158 In addition to MLPs, roughly 140 VA facilities across the country house periodic legal clinics to address Veterans’ legal needs that underlie their healthcare or other needs.159 Although less formal than MLPs, VA-housed legal clinics ensure that Veterans can obtain free legal assistance when they seek social support from the VA, thereby eliminating transportation and other accessibility barriers that many Veterans face when accessing legal services.160 For instance, Veteran Health Indiana collaborates with Indiana Legal Services to provide legal clinic services to Veterans in need throughout Indiana. The partnership works to comprehensively identify and resolve complex and compounded medicallegal issues that Veterans experience.161 Even during the COVID-19 pandemic, the partnership is working with other community service providers to expand its programming and ensure it is meeting the service needs of Indiana’s Veterans. While collaborations between VA facilities and legal service providers effectively address Veterans’ service needs, a 2018 study found that only 39% of legal service partners embedded in VA facilities felt they had the capacity to serve all Veterans seeking their services.162 Under VHA Directive 2011-34, the VA encourages VA facility heads to provide physical space within their facilities to legal service providers.163 In late 2020, Congress passed legislation requiring the Secretary of Veterans Affairs to “facilitate the provision by a qualified legal assistance clinic of pro bono legal assistance. . . to eligible individuals at not fewer than one” VAMC or other VA facility within each state.164 Between the VA’s policy and Congress’ action, space should not be a barrier to accessing VA healthcare facilities by attorneys who want to join forces to serve Veterans. 37
“Veteran Health Indiana… partnered with Indiana Legal Services and we launched a monthly legal clinic back in November 2018. It had been extremely successful, ranging from around 35 to 40 Veterans to walk in that clinic on a monthly basis to address [their] civil legal needs, up until March of 2020, when COVID-19 restrictions really came into play. Since then, Indiana Legal Services has created a virtual legal clinic [that] it’s now offering three days a week. Essentially, we went from a walk-in legal clinic on a monthly basis to now it being offered three times a week, so 12 times a month. So it really expanded as a result of COVID in a lot of ways… This now being offered virtually has opened the door [to providing Veterans outside of the Indianapolis metro area with access to civil legal assistance].” – Judi A. Green, LCSW, Veterans Justice Outreach Specialist, Veteran Health Indiana The most common explanation for the lack of capacity was limited funding. VA-housed legal services currently obtain financial support from “a mix of sources, including LSC, Equal Justice Works through the provision of fellows, law schools through collaboration with legal clinics, and philanthropic giving.”165 In recognition of the life-changing value that legal assistance offers Veterans, Congress recently authorized the VA to provide funding to support legal service providers housed within its medical centers and other similar facilities.166 Federal funding for civil legal aid at VA healthcare facilities represents a real investment in strategies to eliminate the justice gap for Veterans. COVID-19 has affected MLP and clinics’ ability to deliver services to those in need. Legal aid providers have had to develop virtual service delivery mechanisms to address the growing legal and other needs that many Veterans are experiencing.167 To adapt, MLP and clinic attorneys have been developing trainings and other initiatives that enable Veterans to obtain legal services remotely.168 For instance, the MLP for Seniors Clinic at the San Francisco VAMC “purchased iPads for patients to use and providers have been able to coordinate virtual Zoom meetings with patients in need of legal services.”169 Likewise, the CVLC transitioned to remote
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services by providing cloud-based, paperless legal assistance to Veterans.170 Further, the MLP between Pine Tree Legal Assistance and Togus VA Medical Center in Maine is conducting intake and providing legal services by phone.171 These virtual legal services have significant benefits for those Veterans who are comfortable with and have access to technology. Virtual legal services may eliminate costs of transportation associated with in-person appointments and facilitate exchanges of documents and information electronically. However, for other Veterans who have limited access to reliable technology or who are uncomfortable using virtual platforms, online services may be difficult to navigate and could exacerbate, rather than relieve, burdens to obtaining needed assistance. Legal aid providers and their VA partners must work with their Veteran client communities to identify the optimal mix of virtual and in-person services needed to serve them during the pandemic and thereafter.
COMPREHENSIVE INTERACTIVE PROVIDER DATABASES Although Veterans have numerous and diverse resources available to them, they often face barriers identifying available services, knowing whether they qualify for a
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specific service, and navigating application processes.172 Lack of coordination among service providers and inadequate referral networks can exacerbate these barriers. By increasing coordination among providers and streamlining service application processes, some organizations effectively reduce the barriers to service. For instance, Code of Support, a national nonprofit organization, operates PATRIOTLink, an interactive database of service providers across the country.173 Veterans and their representatives can use PATRIOTLink to search for a specific service or provider and to confirm their eligibility for certain services. Likewise, service providers can use PATRIOTLink to make necessary referrals on a Veteran’s behalf. Other organizations maintain similar databases within their respective jurisdictions, establishing a “network of networks” to leverage resources and create a unified network of service providers within a community.174
COORDINATED CARE NETWORKS Studies have shown that organizations designed to assist Veterans often operate in isolation and do not sufficiently share information and resources.175 To eliminate these inefficiencies in Veterans’ services, coordinated care networks identify providers in their communities that serve Veterans and create a centralized intake and referral system that connects Veterans to any services they need. This model increases collaboration among organizations that serve Veterans, enabling them to eliminate redundancies, reduce costs, and standardize and share data across the system.176 More importantly, this structure reduces the barriers and burdens Veterans face when seeking assistance from multiple organizations. Coordinated care networks work with Veterans and their families to inform them of resources and provide a system of wraparound services. They operate under a “No Wrong Door” philosophy whereby a Veteran can access the organization’s programs through any part of the organization, any partner organization, or any method that leads the Veteran to
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PHOTO CREDIT: Young Smiling Army Soldier Meeting with His Therapist and Shaking Hands While Having a Meeting at Doctor's Office by Drazen Zigic
the network. The network then assigns a case manager to assess the Veteran’s needs and connect the Veteran with the appropriate services.177 Some networks have a physical center that houses partner organizations, which provides those organizations with working space and eases access to Veterans.178 Coordinated care networks efficiently help Veterans solve problems and regain stability. One such network, Combined Arms in Houston, Texas, is a collaborative organization that uses innovative approaches to service delivery and technology to help transitioning service members and their families.179 Combined Arms recognizes that “[n]o single organization can provide all the programming or resources necessary to be successful” so it has built a community of resources for Veterans.180 Combined Arms created a mobile app and website that allow Veterans to create a profile, complete an intake form, and gain access to Combined Arms’ network of resources.181 Combined Arms also established the CAX Center, a building in downtown Houston that allows Veterans to connect in person with supporting organizations, including more than 13 organizations with permanent workspace in the CAX Center.182 Combined Arms’ efforts have resulted in a network of 72 organizations that has responded quickly and effectively to more than 22,000 Veterans’ legal needs.183 39
Finally, AmericaServes, a national organization, assists Veterans and their family members through a “coordinated system of public, private, and nonprofit organizations working together.”188 AmericaServes’ mission is to ensure that Veterans and their families can “easily access the full range of comprehensive services required to achieve their unique goals.”189 AmericaServes currently operates coordinated care networks in 17 locations and aims to expand its services to every state.190 Each location coordinates with resources in its area designed to ease the transition to civilian life, including public, private, and nonprofit organizations.191 AmericaServes’ network includes more than 1,000 providers and has assisted more than 37,000 clients.192
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PHOTO CREDIT: U.S. Navy Sailor by RODNAE Productions
Likewise, Mission United, an initiative of the United Way of Broward County, Florida supports Broward County Veterans and their families with the transition to civilian life, including “navigating housing support, employment services, educational benefits, legal assistance, health, and financial stability by aligning existing services in the community and creating solutions where there are gaps in support.”184 Mission United’s “no more than two steps to help” motto is a pledge that any Veteran who contacts Mission United will be connected to the correct organization in no more than two steps.185 Mission United of Broward County’s efforts have resulted in 6,000 system navigation services, legal services to more than 7,900 Veterans, and housing support to over 3,500 Veterans and their families.186 Since its founding in 2013, Mission United has expanded to 23 locations throughout the U.S.187
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Although service members can access legal assistance in the military, they may also seek the advice of a civilian attorney during and after separation. Screened referral networks aim “to increase access to pro bono legal services” for defined military populations, typically statewide.193 These networks typically recruit and maintain a membership population of attorneys, coordinate the provision of legal services by their members, and offer continuing legal education.194 Networks can serve as a valuable resource for free or reduced-fee legal services to Veterans. Numerous screened referral networks have been successful. For instance, the Idaho Military Legal Alliance is a screened referral network that “coordinate[s] services of the member partners and other community organizations for the benefit of Idaho Veterans, service members and their families,” promotes and provides continuing legal education, creates and supports military legal clinics throughout Idaho, and identifies and supports “pro bono or reduced fee volunteer attorneys willing to help Veterans, service members and military families.”195 The Idaho Military Legal Alliance’s “flagship program is its state-wide military legal clinics,” which consist of a general legal advice clinic and a military wills clinic.196
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Another successful screened referral network is the Illinois Armed Forces Legal Aid Network (IL-AFLAN), a project of the Illinois Equal Justice Foundation. IL-AFLAN assists with all types of civil legal problems in Illinois through a network of 19 law school clinics and legal aid organizations.197 The network operates a statewide hotline that offers legal advice, document preparation and review, and referrals to IL-AFLAN member and affiliate organizations.198 The hotline handles around 1,200 calls per month, connecting a caller with an attorney in under seven minutes on average. The hotline attorneys can resolve about 65% of the cases completely over the phone. Cases that require referral are matched using a sophisticated online platform that displays real-time comprehensive data where member organizations can tailor their case acceptance priorities, ensures secure communications, and permits secure document exchanges. IL-AFLAN attorneys frequently assist Veterans with legal issues concerning housing, family law, consumer law, VA benefits, and discharge upgrades.199 Since the network launched in 2017, it has assisted over 11,000 Veterans, active duty, national guard members and reservists. The most recent impact figures from May 2020 show that IL-AFLAN secured seven million dollars in financial benefits to clients by taking actions like preserving assets and acquiring benefits. IL-AFLAN also prevented 371 clients from experiencing homelessness and has over 500 discharge upgrade petitions and VA benefits appeals underway.
are pre-arraignment, so a charge never appears on a Veteran’s record. In other cases, upon a Veteran’s completion of the diversionary VTC program, the court may allow the Veteran to avoid jail time by granting probation, or dismissing the charge altogether.203
“[Veterans Treatment Court] was a breath of fresh air… I was not just thought of as a Federal number… They accepted me; took me on as one of their own.” – Josh Martini Unlike other treatment courts, VTCs include a key team member: the Veterans Justice Outreach (VJO) specialist. The VJO specialist works for the VA and connects Veterans to treatment and other services, such as those the VA provides.204 Specifically, VJO specialists “interface with the courts and other criminal justice elements to identify, assess, and link justice-involved Veterans to appropriate supports and services” with the goal of “reduc[ing] recidivism among these Veterans and ensur[ing] they are able to pursue and realize a full, meaningful life as a self-reliant, positively contributing member of the community.”205
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VTCs include other team members that enable the courts to serve as “one-stop shops” for Veterans to access programs, benefits, and services.206 These team members may include representatives from the VBA, VSOs, and state departments of Veterans services,207 as well as housing, education, and civil legal aid providers.
VTCs have proven successful in resolving Veterans’ legal issues. First established in 2008, VTCs are specialized treatment courts that address the special needs of Veterans in both criminal and civil judicial contexts.200 VTCs recognize the value of Veterans’ service and allow them to obtain treatment for underlying service-related issues, such as mental health and substance use disorders, while resolving civil201 or criminal disputes.202 In some cases, VTC programs
Critically, VTCs include a unique mentoring component.208 Volunteer Veteran mentors act like “battle buddies,” providing the Veteran with motivation and support209 and incorporating core principles of military service, such as camaraderie and reliability, into VTCs.210 Veteran mentors can also provide practical assistance with finding housing, securing employment, and connecting VTC participants with local, state, and Federal services.211
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The original VTC, established by Judge Robert Russell in Buffalo, NY in 2008, is “a hybrid drug and mental health court that serves Veterans struggling with addiction and/or mental illness by diverting them from the traditional criminal justice system into a specialized Veterans court.”212 The Buffalo Veterans Treatment Court (Court) is a collaboration between numerous organizations in the Buffalo area, including the “Western New York (WNY) Veterans Project, Buffalo Police Department, the Buffalo Veterans Administration Healthcare System, the Buffalo Criminal Courts, the Buffalo Drug and Mental Health Treatment Courts, Erie County Pre-trial Services and the C.O.U.R.T.S. Program (Court Outreach Unit Referral and Treatment Service).”213 The Court “keep[s] Veterans who are non-violent offenders out of jail.”214 The Court requires no additional costs and relies on “volunteers from the local Veterans community.”215 An evaluation of the Court conducted by the New York State Health Foundation in 2011 found that during the first 30 months of the Court’s existence, approximately 162 Veterans had participated and none had been reincarcerated or had other involvement with the criminal justice system.216
LAW SCHOOL CLINICS Law school clinics effectively alleviate barriers that many low-income and historically underserved Americans face when accessing legal services. Through clinics, supervised law students provide representation to individuals who may otherwise be unable to afford legal assistance. In turn, clinics expose students to the pressing legal needs that Veterans and others face, providing them experiential learning opportunities that they can use in their careers. Many law schools operate Veteran-specific clinics. For instance, in Harvard’s Veterans Law and Disability Benefits Clinic, law students help Veterans challenge wrongful denials of Federal and state Veterans’ benefits and seek remedies for unjust less-thanhonorable discharges.217 Students in this clinic also advocate for systemic legal reform to ensure Veterans’ access
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to justice.218 Similarly, in the Veterans’ Legal Clinic at Michigan Law School, students assist Veterans and their family members with discharge upgrades, consumer problems, family matters, housing issues, and employment matters. Students in this clinic often collaborate with other Michigan graduate students, including those in psychology, social work, and medical programs.219 In addition to individual law school clinics, the National Law School Veterans Clinic Consortium (NLSVCC) represents a collaborative effort on the part of leading law school clinics dedicated to providing legal assistance to Veterans.220 NLSVCC engages disparate Veterans’ rights stakeholders, such as the VA, Congress, and state and local VSOs through a resource-sharing listserv to maximize efforts to meet Veteran needs.221
RECOMMENDATIONS RECOMMENDATION 4:
Legal Aid Providers Should Develop Strategies to Address Veterans’ Needs Holistically and Efficiently More than 6,500 organizations nationwide provide Veteran-specific services.222 In addition, there are as many as 40,000 organizations in the U.S. that support populations facing the same general issues many Veterans face, including healthcare providers, organizations with poverty expertise, social service organizations, suicide prevention organizations, and community, peer, educational, and faithbased organizations.223 These organizations often work in silos, and as a result, many Veterans do not have access to comprehensive services. Because many providers work in silos, seeking assistance from multiple organizations can be overwhelming. Collaboration among organizations to create a network of service providers can help make the process of seeking assistance more manageable. The Task Force recommends that legal aid providers engage the various service providers in
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PHOTO CREDIT: Soldier Talking to a Therapist by RODNAE Productions
their communities, forming voluntary coalitions equipped to provide a broad spectrum of services to Veterans in need. Coalitions should adopt “No Wrong Door” policies to further streamline the process Veterans must follow to have their needs evaluated and to be placed with the appropriate service providers. Among other partners, coalition members may include: » Healthcare Facilities: local healthcare providers focusing on certain populations or health concerns can help coalitions address service gaps when Veterans have compounded health and legal needs, filling a similar role to MLPs. » Legal Partners: Legal partners, including bar associations, law firms, corporate in-house legal departments, Inns of Court, special interest and affinity legal organizations, law schools and law school clinics, and VSO staff with authority to practice before the VA can work with coalitions to expand the free legal resources available to Veterans. » Organizations Addressing Poverty and Housing Instability: These organizations may encounter Veterans in need of
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legal, health, and other services who do not otherwise have access to VSOs or similar organizations. Moreover, these organizations can educate other coalition members to identify conditions, such as housing instability, that may underlie Veterans’ health and legal needs. » VSOs: VSOs have tremendous experience with Veteran-specific issues, such as navigating VA benefits, claims, and discharge status issues, from which legal service providers assisting Veterans would benefit. VSOs also provide a natural avenue to identify at-risk Veterans and connect them with other coalition members, thereby facilitating trust between the Veteran community and local service providers. Given their roles as community advocates, legal aid providers are in an excellent position to identify these members, leverage their resources, and lead effective and sustainable coalitions, ensuring Veterans have access to the full panoply of services, not just those tailored to Veteranspecific matters.
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and legal services to Veterans. Currently, approximately two-thirds of VHA healthcare systems host an MLP or legal clinic. Still, many Veterans with compounding legal and medical needs may receive medical care from VHA facilities without receiving necessary legal assistance for matters underpinning their medical needs, such as homelessness. Therefore, wherever possible, legal aid organizations should create MLPs or legal clinics at VHA facilities across the country, starting with at least one VAMC-embedded MLP or legal clinic per state. Both MLPs and regular legal clinics help ensure Veterans can access to holistic support in a single setting.
PHOTO CREDIT: Veterans Sitting by RODNAE Productions
RECOMMENDATION 5:
Legal Aid Providers Should Expand Collaborations with VA Programs The VA’s diverse service portfolio has expanded under recent legislation.224 Legal service providers should use this expansion as an opportunity to increase collaboration with the VA because increased collaboration can mitigate the systemic service barriers Veterans face and ensure providers are equipped to deliver comprehensive services. Legal aid providers can increase VA collaboration by building relationships with VA healthcare facilities, collaborating with VA Community Veteran Engagement Boards (CVEB), and identifying opportunities to connect Veterans with immediate care through programs like Supportive Services to Veteran Families (SSVF). First, the Task Force recommends that legal aid providers partner with VA staff to streamline the provision of healthcare
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Second, the Task Force recommends that legal aid providers connect with CVEBs, which convene Veterans, active-duty service members, military families, Veteran rights advocates, community service providers, and VSOs to identify community goals and resolve service gaps. The VA has actively fostered CVEBs since 2015, and as of 2018, more than 149 CVEBs exist nationwide.225 Because CVEBs have deep knowledge of local organizations and resources, as well as invaluable experience developing solutions, legal aid providers should identify CVEBs in their service areas and educate them about Veterans’ legal needs and rights, and the availability of civil legal aid organizations to assist them. Third, the Task Force recommends that legal aid providers identify programs like SSVF that meet Veterans’ immediate health, housing, and social service needs while Veterans await long term support. In particular, SSVF aims to rapidly rehouse Veteran families facing homelessness or housing instability through financial support.226 SSVF funds can support homelessness prevention, including attorneys’ fees to “assist the [V]eteran family with issues that interfere with the family’s ability to obtain or retain housing or supportive services.”227 By connecting Veterans in immediate housing crises to programs like SSVF, legal aid providers can alleviate the underlying concerns that may undermine Veterans’ access to other services, employment, and benefits.
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RECOMMENDATION 6:
Legal Aid Providers Should Take Advantage of Technology to Expand the Development of Comprehensive Interactive Provider Databases and to Provide Remote Legal Assistance Although in-person intake and consulting at a central location with a variety of co-located professional resources has emerged as a best practice, COVID-19 has upended providers’ ability to provide in-person support. The Task Force recommends that providers embrace the new virtual service era and expand remote client conferencing capability when possible. Remote services provide an opportunity for service providers to facilitate as much or more frequent contact with clients by phone or video than they previously did in-person. Moreover, virtual platforms, including phone and video conferencing, can pose a more convenient option for many clients who may face transportation obstacles or who are anxious about in-person consultations.228
Notably however, some Veterans— particularly aging Veterans or Veterans with disabilities—may have differing levels of access to and comfort with virtual platforms. Legal aid providers should evaluate the needs and capabilities of the Veteran populations they serve, considering the availability and consistency of internet service, access to computers and smartphones, comfort with virtual meeting platforms, and transportation. They should also evaluate which services, if any, require in-person appointments. Evaluating service populations’ needs will allow service providers to determine how best to meet Veterans’ service needs—virtually and in person—after the pandemic ends. Additionally, the Task Force recommends creating or expanding the use of comprehensive interactive provider databases in all jurisdictions. With the creation and expansion of these databases, providers can build capacity across the country, ensuring all Veterans, their families, and their caregivers can identify comprehensive services tailored to their specific needs and eligibility statuses.229
Task Force members Dr. Jack Tsai and Samantha Kubek participate in a panel moderated by Task Force Co-Chair Abigail Lawlis Kuzma at LSC’s Veterans Day Forum on November 11, 2019.
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PHOTO CREDIT: Jason Dam LEGAL SERVICES CORPORATION
Recommendation for Law Firms and Corporate Law Departments In addition to existing efforts by legal aid providers, law firms can initiate pro bono projects to ensure Veterans’ access to comprehensive legal assistance. For instance, firms can institute signature pro bono projects, create pro bono clinics, engage in informal projects like stand downs, and partner with other organizations to enhance existing resources for Veterans.
SIGNATURE PRO BONO PROJECTS Signature projects “are ongoing… pro bono initiatives that harness the full power of a legal department” or law firm “to address a major legal need,” with the key elements being focus and commitment to the project.230 Signature projects are most impactful when law firms focus on a narrow legal issue or community and address the identified legal need through multiple approaches over time to incrementally close the access to justice gap.231 Signature projects benefit the legal department or law firm providing the pro bono services as well as the recipients of the services in numerous ways, including: » Creating a sense of community within the legal department or law firm by bringing large portions of the department or firm together for the cause; » Increasing interest in pro bono and broadening participation; » Delivering more significant impact to recipients of pro bono services; and » Developing expertise in an area of the law to increase the signature project's impact.232
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“Every single American has the responsibility to make sure that Veterans—when they complete their active duty, when they come back home from theaters of conflict—have access to healthcare, affordable housing opportunities, benefits, jobs that will allow them to provide for the well-being of themselves and their families.” – Josh Martini Through signature projects, firms and law departments have simultaneously delivered legal services to Veterans and enhanced the skills and reputation of the firm or the company and its lawyers. For instance, Military Mondays launched in 2015 as a partnership between the Puller Clinic at William and Mary Law School and Starbucks’ Armed Forces Network in the Hampton Roads section of Virginia, home to more than six active duty bases and more than 100,000 Veterans.233 During Military Mondays, pro bono attorneys “spend select Monday afternoons each
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month helping to address the challenges Veterans and service members face in the disability claims process,” providing “[f]ree advice and counsel regarding disability compensation benefits, a service member’s preparation for separation, and referrals to additional community resources.”234 After initial success in Virginia, Military Mondays has expanded nationally to serve Veterans in other areas.235 Another successful signature project is the Veterans Justice Pro Bono Partnership. The Veterans Legal Clinic at Harvard Law School launched this project in 2015 to “connect[] local Veterans to private attorneys who want to give back to those who have served in the nation’s defense.”236 The Veterans Justice Pro Bono Partnership “[p]rovide[s] legal trainings and resources to attorneys; [s]creen[s] and refer[s] requests for legal representation by less-than-honorably discharged Veterans; and [o]ffer[s] ongoing technical support and expert advice for the duration of the case.”237 Another program, DLA Piper LLP (US)’s Serving Those Who Serve Our Country, assists Veterans with accessing disability benefits, records expungement, and legal advice.238 Serving Those Who Serve Our Country also includes legal services at Veterans’ hospitals; an Entrepreneurial Bootcamp, where DLA Piper advises disabled Veterans on establishing and running businesses; and representation in homeless court to Veterans experiencing homelessness.239 Finally, Holland & Knight operates the Veterans Group to assist Veterans with legal needs.240 Through the Veterans Group, Holland & Knight provides pro bono legal assistance to Veterans; coordinates with the ABA to provide a Volunteer Income Tax Assistance program to Veterans, service members, and their families; supports local Veterans Treatment Courts; and prepares VA health and benefits claims.241
STAND DOWNS In addition to formal signature projects, interested attorneys can provide pro bono legal services to Veterans through other means, such as through stand downs. Stand downs “are one- to three-day 48
events offering comprehensive services to homeless Veterans,” including “food, shelter, clothing, health screenings, VA and Social Security benefits counseling, and referrals to a variety of other necessary services,” including legal services.242 Local VA sites, community groups serving the homeless, and government agencies, work together to coordinate stand downs.243 Stand downs “are an excellent opportunity for Veterans to engage with” attorneys to “gain a better understanding of services that… attorneys can provide.”244
CLINICS Attorneys can also volunteer in local legal clinics by assisting with intake or providing free legal advice.245 While legal clinics traditionally have been conducted at specific locations, innovative thinking and technology now allow clinics to reach and serve a broader client base. For instance, mobile legal clinics allow local organizations to “serv[e] Veterans where they are located,” thus reducing certain barriers to obtaining legal services, such as requiring a Veteran to “travel long distances or outside of their trauma-related comfort zones.”246 Some legal clinics even operate remotely, with lawyers serving clients virtually by phone, e-mail, or Zoom, similarly increasing the number of Veterans who can be served in a cost-effective manner. Virtual clinics fill an important gap when in-person consultation is infeasible, as has often been the case during the COVID-19 pandemic.247
LAW FIRM AND LAW DEPARTMENT PARTNERSHIPS Corporate legal departments are an often overlooked source of attorneys ready and willing to assist Veterans. Legal aid providers and law firms can engage corporate legal departments to handle pro bono cases together as a team. These partnerships strengthen law firm and in-house counsel relationships, encourage teamwork, and expand the number of clients the organizations can serve. For instance, law firm Blank Rome LLP and its client VMware, Inc. established a successful partnership using this model to assist Veterans with discharge upgrade
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applications and Veterans’ benefits appeals.248 This partnership received the Veterans Consortium’s Law Firm/Corporate Pro Bono Mission Partners Award in 2018. To address a broad array of the civil legal issues Veterans face, in 2016 the legal department of Marsh and McLennan Companies collaborated with Starbucks to create a monthly Military Mondays clinic in midtown Manhattan. Marsh and McLennan reached out to the Goldman Sachs Group, Inc. (“Goldman Sachs”), Skadden, Arps, Slate, Meagher & Flom LLP (“Skadden”), and Legal Services NYC to partner in the clinic’s operation. Every partner contributes something distinct to the project: Skadden does outreach and sends support staff to do on-site screening and intake at the clinic; Legal Services NYC provides training and on-site subject matter support to the law firm and corporate attorneys; and March and McLennan and Goldman Sachs provide attorneys to meet with the Veterans who attend. This project, which has since relocated to the Manhattan campus of the VA NY Harbor Healthcare System, has grown to include additional corporate partners including Barclays, BNY Mellon, HSBC, and Estee Lauder.249
RECOMMENDATION RECOMMENDATION 7:
Law Firms and Corporate Law Departments Should Assess Their Internal Capacities for Operating Pro Bono Programs to Serve Veterans and Identify Legal Aid and Other Local Organizations with Whom to Partner Like legal aid providers, private law firms and corporate law departments exist in a world of limited resources and competing priorities. Before a firm or law department undertakes a project serving Veterans, the Task Force recommends that they evaluate the needs of the Veteran communities they want to serve as well as their own capacity to meet those needs. Capacity may include staff, interest and experience in the relevant areas of law, and funding or space to carry out the type of project selected.
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Law firms and law departments can bring critical resources to bear on the significant legal challenges low-income Veterans face. They should deploy those resources as part of a collaborative effort centered around the Veteran community’s identified needs. Consistent with earlier recommendations to legal aid providers and other community organizations that serve Veterans, the Task Force recommends that law firms and corporate law departments identify and coordinate with organizations already serving Veterans. By engaging with organizations currently working with the Veteran community, law firms and law departments can determine what needs remain unmet in the community and how to deploy their resources effectively.
“It’s fantastic seeing people come together from different corporations, sitting together at a table listening to a Veteran share their story, and that’s a lot of what we learned is just having a conversation and hearing their story. It gives them an opportunity to share their story, and it might be the first time that they’ve met with an attorney, and just seeing the interaction and the connection between the attorney and the veteran is something very special.” – Erika Szymanski, Pro Bono Coordinator at Skadden, Arps, Slate, Meagher, & Flom LLP, on the benefits to both Veterans and pro bono attorneys of the Military Mondays program
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PHOTO CREDIT: SoldiersLEGAL Military Attention by Skeeze SERVICES CORPORATION
Recommendations for LSC The Task Force reviewed LSC’s role as the nation’s largest funder of civil legal aid. In this role, LSC has an obligation to ensure its grantees are aware of—and equipped to meet—Veterans’ legal needs Visibility is essential for Veterans to have access to necessary services. Yet, many community members and local service providers lack awareness about Veterans and their experiences, needs, and rights. As a result, community-based service providers may fail to identify or adequately respond to Veterans’ specific needs. In addition, without sufficient information about Veterans’ needs, service providers risk causing additional harm to Veterans if their services are not culturally sensitive or trauma-informed. On the other hand, evidence suggests a dearth of comprehensive information available to Veterans detailing their rights, the services available to them, and their eligibility for certain benefits. As a result, many Veterans cannot access assistance, even when that assistance is available to them. As discussed earlier in this report, in 2017, Veterans sought assistance for their civil legal problems only 21% of the time; two common reasons for not seeking assistance were a lack of knowledge about where to access services and whether legal services could resolve their problem.250 Given LSC’s influence in the civil legal aid sector, LSC can illuminate Veterans’ experiences and increase awareness and capacity among legal aid providers, ensuring that providers are equipped to meet Veterans’ legal needs.
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RECOMMENDATIONS RECOMMENDATION 8:
LSC Should Leverage Its Role as a National Leader in Legal Technology to Improve and Expand Veterans’ Access to Virtual and Online Legal Assistance As a leader “in the development and use of technology to more effectively meet the legal needs of low-income Americans” for more than 20 years,251 LSC has funded the creation of statewide legal information websites; content development of content for self-represented litigants (including tools to complete court forms and applications for certain benefits and improving Spanish-language sites); and purchases of video conferencing technology to allow grantees to connect staff and pro bono advocates in urban offices with clients in rural areas and clients who cannot travel to a physical office to receive assistance.252 LSC’s Innovations in Technology Conference, held annually since 2010, has grown into one of the premier
legal technology conferences, bringing together “technologists, legal aid advocates, court personnel, pro bono coordinators, and other professionals to showcase technology projects and tools to improve access to civil legal services for those most in need.”253 The Task Force recommends that LSC leverage its leadership and diverse network in legal technology to engage software developers to explore strategies for increasing the accessibility of legal services. Because Veterans vary widely in era of service, comfort level with using technology, and communication capabilities, not every user interface or presentation of information about civil legal aid will work for every Veteran. LSC should consult its network of non-legal partners, including software companies, telecommunications companies, and marketing firms, to identify existing legal aid resources for Veterans—including both online and print resources—and work with different populations of Veterans to identify ways to make those resources more accessible.
PHOTO CREDIT: Serviceman Searching Job on Laptop at Home, Adapting to Civilian Life After Army by Motortion Films
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RECOMMENDATION 9:
LSC Should Create a Position, or Identify an Organization, to Serve as a National Coordinator for Veterans’ Legal Services Throughout its work, the Task Force has identified national and local models for coordinating services to Veterans. Models discussed previously include Code of Support’s PATRIOTLink interactive database, coordinated care networks like Mission United and Combined Arms, and the VA’s CVEBs. However, organizations operating these types of models are not always aware that Veterans face civil legal needs or that legal aid and pro bono attorneys may be available to assist Veterans with those needs. The Task Force has built connections to several of these organizations and networks, which LSC can leverage to advocate for inclusion of legal aid providers in all such networks. The Task Force recommends that LSC, as a national funder of civil legal aid, undertake this endeavor or identify another national partner to undertake it.
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RECOMMENDATION 10:
LSC Should Capitalize on the Lead Up to Veterans Day to Raise Awareness About Veterans’ Legal Needs and the Availability of Legal Assistance to Meet Those Needs Given LSC’s expertise, visibility, and social media presence, LSC is well-positioned to develop and promote informational materials and events to raise awareness about Veterans, their rights and experiences, and the services available to them. Therefore, the Task Force recommends that LSC leverage its expertise and develop educational materials for LSC grantees. These materials should provide in-depth information about Veterans and their legal needs, and they should be modifiable to reflect Veterans’ legal needs in diverse communities throughout America. LSC should model its advocacy after the ABA’s annual celebration of Pro Bono Week during the last week of October. For Pro Bono Week, bar associations and access to justice commissions nationwide organize clinics, educational events, recruitment drives, and discrete projects to engage attorneys in delivering pro bono legal assistance.254 Building on the ABA’s model for Veterans’ issues, LSC and its grantees should create or enhance existing Veteran-focused projects in the week before Veterans Day.
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PHOTO Kristen Reardon LEGALCREDIT: SERVICES CORPORATION
Recommendations for Government Officials STATE AND LOCAL GOVERNMENTS ARE KEY PARTNERS FOR ENSURING VETERANS’ SUPPORT State, and local governments are critical allies when it comes to providing comprehensive support to Veterans in their immediate communities. Like Congress, state and local legislatures are responsible for allocating funding to and creating programs within agencies in their jurisdictions. At the local level, government agencies are well-positioned to hear directly from Veterans and Veterans’ advocates about the services that they need. Both the executive and legislative branches of state and local government can play significant roles in increasing Veterans’ access to civil legal aid. SUPPLEMENTAL STATE AND LOCAL VETERANS’ BENEFITS Some states uphold their obligation to promote and protect Veterans’ rights by offering benefits to Veterans that supplement the Federal benefits available to them. For instance, Massachusetts offers a safety-net cash assistance program that aids eligible low-income Veterans with daily living and medical costs, rent, dependent support, and other expenses.255 Where local legal aid providers can engage state and local governments that offer additional Veterans’ benefits, providers have a vital opportunity to increase access to services for low-income Veterans in their communities, challenge wrongful denials of benefits, and even educate state and local officials to ensure their proper review of benefits applications. Engaging state and local governments also provides an opportunity for legal service providers to stay current on state and local policies that may affect clients’ eligibility for various benefits.
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In addition to offering unique benefits, every state in the nation, along with the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands, has a government agency tasked with advocating for all Veterans, service members, and military families within their jurisdiction.256 Collectively, these agencies obtain billions of dollars every year in new and recurring Federal, state, and local benefits. They also maintain a critical role in establishing, implementing, and refining jurisdictionwide policies affecting individuals who serve in our nation’s military and their immediate families. For instance, in New York, the State Division of Veterans’ Services (DVS) provides free direct representation to New York Veterans—as well as their families—in Federal, state, and local cases. DVS’ representation extends from benefits claims to social, medical, and financial matters that Veterans and their families experience. In 2020 alone, DVS was responsible for Veterans, service
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members, and military families receiving more than $652,000,000 in new and recurring tax-free disability compensation benefits from the VA. Experts within DVS, Veterans Benefits Advisors, also assist with appealing unfavorable rulings through the VA’s administrative appellate pathways, up to and including the United States Board of Veterans’ Appeals. For appellate actions going beyond the Board of Veterans’ Appeals, DVS works with the National Veterans Legal Services Program (NVLSP) to connect appellants with access to pro bono representation from NVLSP’s attorneys. DVS also leverages the expertise and resources of other partners to help Veterans and their families with specific needs, including but not limited to economic needs, employment pursuits, rehabilitation efforts, medical treatment, home healthcare access, educational benefits and services, and property tax exemptions. Since November 2020, DVS has used the state’s Restoration of Honor Act to restore certain state benefits to Veterans who have less-than-honorable administrative discharges from the military due to PTSD, TBI, MST, sexual orientation, or gender identity or expression. Although a favorable Restoration of Honor Act determination does not change a Veteran’s official COD issued by the Veteran’s branch of service, it does allow the recipient Veteran to meet the COD criteria for more than fifty New York State benefits. DVS also helps Veterans obtain the military records necessary to make a determination on their applications. Additionally, DVS facilitates a Discharge Upgrade Advisory Board of attorneys who will review discharge upgrade appeals that Veterans wish to send to the Discharge Review Board or Board for Corrections of their branch of service, providing a signed advisory opinion recommending an upgrade in cases that a majority of Advisory Board members deem meritorious based on the evidence presented.
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STATE AND LOCAL GOVERNMENT ACTIONS FALL SHORT OF MEETING VETERANS’ NEEDS Despite providing supplemental benefits and maintaining a dedicated Veterans’ agency, many state and municipal governments have not recognized Veteran services as a legislative priority. Where they have adopted Veteran-specific policies, many states and municipalities have failed to ensure these policies are inclusive. Specifically, definitions of “Veteran” vary widely between state and local laws.257 How a jurisdiction defines the term determines whether and how the government provides benefits and services to individuals who have served. For instance, state or local laws may define “Veteran” as someone who served in combat or in war.258 Yet, even Veterans who never set foot in a combat zone still upheld their oath to protect and defend this nation against its enemies and fulfilled all the tasks assigned to them during their military careers. Moreover, service members who never deploy can experience MST and incur service-connected disabilities for which they would benefit from having access to state or local benefits. Additionally, some state and local laws restrict the definition of “Veteran” to someone who received an honorable discharge from military service.259 In these jurisdictions, where a service member does not receive an honorable discharge but needs services, state and local agencies cannot review the circumstances surrounding the discharge to find other service avenues. Therefore, many Veterans, including those with bad paper who may be most in need, are excluded from vital assistance.
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RECOMMENDATIONS RECOMMENDATION 11:
State and Local Governments Should Collaborate with Legal Aid Providers to Enhance Veteran Support Although all states operate offices to provide Veterans legal support, many of these offices focus on direct client representation without embracing opportunities for broad policy reform that could systematically impact Veterans’ rights. In these jurisdictions, the Task Force recommends state and local governments collaborate with community-based service providers to identify Veterans’ needs and enhance Veterans’ rights through comprehensive legislative reform. RECOMMENDATION 12:
State and Local Governments Should Dedicate Funding and Space in Government-Owned Facilities to Legal Services for Veterans
Congressman James Panetta
“It’s our obligation in Congress to ensure that there is the assistance needed to... help Veterans overcome the challenges associated with re-entering civilian life, dealing with drug and alcohol issues, and focusing on their mental health.” – Congressman James Panetta (CA-20)
The Task Force recommends that state and local legislatures enact laws to expand government support for access to justice for Veterans. Like Congress, state and local legislatures choose their funding priorities and direct government agencies to provide certain types of services. State and local legislatures should appropriate funding to support the provision of civil legal aid to Veterans while also requiring public facilities to make space available for attorneys to provide legal assistance to Veterans. Moreover, the Task Force recommends that state and local legislatures enact laws to expand government support for access to justice for Veterans.
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PHOTO CREDIT: Thomas Lin LEGAL SERVICES CORPORATION
Recommendation for Congress In recent years, Congress has recognized its obligation to enhance and protect Veterans’ rights by undertaking numerous legislative actions to ensure Veterans’ access to legal services at the Federal level.260 As discussed previously in this report, Congress passed laws requiring the VA to make space available in its facilities for Veterans to access pro bono legal assistance, as well as authorizing a grant program to fund legal services for Veterans who are homeless or at risk of becoming homeless. The Task Force applauds Congress for enacting laws that build civil legal aid into the Federally funded supports provided to Veterans and encourages lawmakers to continue bolstering the support services available to Veterans. RECOMMENDATION 13:
Congress Should Continue Exploring Ways to Promote Federal Support for Civil Legal Services to Veterans The Task Force encourages Congress to require the VA to make space available for the provision of monthly legal assistance monthly, rather than just three times a year. The Task Force strongly recommends that Congress appropriate funding to the VA to establish and operate the grant program enacted through the Johnny Isakson and David P. Roe, M.D. Veterans Healthcare and Benefits Improvement Act of 2020. Additionally, the Task Force recommends that Congress consider enacting legislation requiring other VA programs to provide, either directly or through contracts, civil legal services to Veterans, and enacting legislation directing or requiring agencies administering programs that serve Veterans to, where authorized, fund civil legal services for Veterans. Finally, the Task Force recommends that Congress establish a national coordinator for Veterans’ civil legal services within the VA.
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PHOTO CREDIT: Sydney Rae LEGAL SERVICES CORPORATION
Conclusion Military service members defend America’s people, freedoms, and way of life. They fight for peace and justice on and off the battlefield. Once they separate, they often face legal issues that create barriers to a successful transition to civilian life. Civil legal problems—from threatened evictions to other than honorable discharges from the military—are often the greatest obstacles to a Veteran’s health, housing, stability, and productivity. Veterans should not have to fight for access to the justice system when they return home. They should get the help they need to obtain the benefits they have earned and so richly deserve. The legal aid, nonprofit, law firm, and government communities have the power and resources to help ensure that no Veteran struggles to obtain needed services. Now is the time to unite that power and those resources to support our country’s Veterans.
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ACKNOWLEDGMENTS This Report is the result of months of hard work by the distinguished and committed members of the Task Force. LSC is grateful for the dedication, energy, and knowledge that all Task Force members contributed to identifying Veterans’ needs and developing recommendations to meet those needs. A complete list of Task Force members appears below.
DLA PIPER LLP (US) The Task Force extends its deepest thanks to DLA Piper LLP (US) and the DLA Piper Foundation for their generous and gracious support of the LSC Veterans Task Force. In particular, the Task Force thanks Lisa Dewey, Isabelle Ord, Richard Hans, Jim Brogan, Rich Gruenberger, Charles Bell, Hector Corea, William Diggs, Heather Ehrenberg, Ryan Estes, Donna Look, Jesse Medlong, Sarah Sanchez, Gina Trimarco, Megan Kinney, and Margaret Austin.
TASK FORCE CO-CHAIRS Gen. David D. Halverson (USA, Ret.)**
Chairman and Chief Executive Officer, Cypress International; LSC Leaders Council
Abigail Lawlis Kuzma
Halbrook Distinguished Chair of American Government, Taylor University; Member, LSC Board of Directors
John G. Malcolm
Senior Legal Fellow, Heritage Foundation; Member, LSC Board of Directors
WORKING GROUP CO-CHAIRS COORDINATION WITH OTHER SERVICE PROVIDERS Lara Eilhardt
Senior Attorney, Health Law Group, Office of the General Counsel, U.S. Department of Veterans Affairs
Jim Brogan**
Partner, DLA Piper
LEGAL ISSUES Nicole Perez
Managing Attorney, Ron Olson Justice Center, Legal Aid Foundation of Los Angeles
Isabelle Ord**
Partner, DLA Piper
TRANSITION TO CIVILIAN LIFE Jim McDonough**
Executive Director, Headstrong
Richard F. Hans** Partner, DLA Piper
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TASK FORCE MEMBERS John Adams**
Stakeholder, EimerStahl LLP; LSC Emerging Leaders Council
Peter Beshar
Executive Vice President and General Counsel, Marsh & McLennan Companies; LSC Leaders Council
Stephen Moss**
Partner, Holland & Knight LLP
Patrick Murphy**
Chairman, WorkMerk; LSC Leaders Council
Dan Nagin
Linda Blauhut
Deputy General Counsel, Paralyzed Veterans of America
Clinical Professor of Law, Vice Dean for Experiential and Clinical Education, and Faculty Director, WilmerHale Legal Services Center and Harvard Law Veterans Law Clinic
Sean Clark
Martin Parsons**
Bishop Joseph Coffey
Nicole Perez
Hagar Dickman*
Benjamin Pomerance
National Director, Veterans Justice Programs, U.S. Department of Veterans Affairs Auxiliary Bishop, Archdiocese for the Military Services, USA Senior Staff Attorney, Bay Area Legal Aid
Lara Eilhardt
Clinical Assistant Professor, Southern Illinois University School of Law Managing Attorney, Legal Aid Foundation of Los Angeles Deputy Director for Program Development, New York State Division of Veterans’ Services
Senior Attorney, Office of the General Counsel, U.S. Department of Veterans Affairs
Ellen Rheaume*
Antonia Fasanelli
Jack Rives**
Executive Director, Homeless Persons Representation Project
Dr. Andrea Finlay
Research Health Scientist, Center for Innovation to Implementation, VA Palo Alto Healthcare System
Nicholas Hasenfus**
Associate, Holland & Knight LLP
Nan Heald*
Executive Director, Pine Tree Legal Assistance
Sven Erik Holmes
Former Vice Chairman, Legal, Risk, and Regulatory and Former Chief Legal Officer, KPMG LLP; LSC Leaders Council
Sam Holmes**
Senior Program Officer, Bob Woodruff Foundation
Abdiel Joseph**
Supervisory Attorney, Legal Aid Chicago Executive Director, American Bar Association
Judge Robert T. Russell
Presiding Judge, Buffalo Veterans Treatment Court
Maureen Siedor
Legal Director, Swords to Plowshares
Sara Sommarstrom
Vetlaw Director, Minnesota Assistance Council for Veterans
Bart Stichman
Executive Director, National Veterans Legal Services Program
Major Stephen A. Stokes
General Counsel, Idaho Military Division; Deputy Staff Judge Advocate, Idaho Army National Guard
Clyde J. “Butch” Tate II**
Board Member, Legal Services NYC
Chief Counsel, National Association of Drug Court Professionals
Dr. David Joseph
Jennifer Trott
Matthew Keenan
Dr. Jack Tsai
Medical Director, Oakland Vet Center Partner, Shook Hardy & Bacon; LSC Board of Directors
Jonathan Killoran
Supervising Attorney, Inner City Law Center
Samantha Kubek
Coordinating Attorney, Veterans Initiative, LegalHealth Division, NY Legal Assistance Group
John Kuhn
National Director, Supportive Services for Veteran Families, U.S. Department of Veterans Affairs
Researcher, National Center for Medical-Legal Partnership Research Director, National Center on Homelessness Among Veterans, U.S. Department of Veterans Affairs; Campus Dean and Professor of Public Health, University of Texas at San Antonio
Jill Williams**
Board Member, Homeless Persons Representation Project
Michael J. Wishnie
William O. Douglas Clinical Professor of Law, Yale Law School
Margaret Kuzma
Attorney, Veterans Legal Clinic, WilmerHale Legal Services Center and Harvard Law Veterans Law Clinic
James McDonough**
*
LSC Grantee
Harriet Miers
**
Veteran
Executive Director, Headstrong Partner and Member, Locke Lord LLP; LSC Leaders Council
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SPECIAL THANKS The Task Force acknowledges the contributions of the subject matter experts who generously gave their time to speak with the Task Force throughout the development of this report: SEPTEMBER 21 FIELD HEARING
WORKING GROUP CALLS
The Honorable Greg Steube, (R-FL-17); Debbie Deegan, LCSW, ACSW, CPRP, Director, Errera Community Care Center, VA Connecticut Healthcare System; Darren Pruslow, Supervising Attorney, Connecticut Veterans Legal Center; Dr. David Rosenthal, Medical Director of the Homeless Patient Aligned Care Team, VA Connecticut Healthcare System and Assistant Professor of General Internal Medicine, Yale Medical School; Francisco “Cisco” Martinez, UPS and Veteran Client, Mission United of Broward County; John Boerstler, Executive Director, Combined Arms; Zach Zarnow, Illinois Armed Forces Legal Aid Network Project Manager, Illinois Equal Justice Foundation; Dana Montalto, Veterans Legal Clinic, WilmerHale Legal Services Center at Harvard Law School; Bryan Thompson, Staff Attorney, Office of the General Counsel, U.S. Department of Veterans Affairs
Dr. Andrew Shaner, Professor, Department of Psychiatry and Biobehavioral Sciences, UCLA School of Medicine and Deputy Chief of Psychiatry, VA Greater Los Angeles Healthcare System; Lisa Brody, Managing Attorney, West Division, Bay Area Legal Services; Meghan Booth, Medical Social Work Supervisor and Seamless Transition Section Chief, Bay Pines VA Healthcare System; James Heaton, Supervising Attorney, Mission United Veterans Pro Bono Project, Legal Aid Service of Broward County; Jill Albanese, Deputy Director, Supportive Services for Veteran Families Program, U.S. Department of Veterans Affairs; Mallory Andrews, Staff Attorney, Legal Aid Foundation of Los Angeles; Lt. Col. Chris “Pappy” Johnson (Ret. USAF); Col. Walter Herd (Ret. USA), Director, Army Transition Assistance Program; Becky Miller, Supervising Attorney, Levitt & Quinn Family Law; James Murray, MPA, Senior Advisor, Office of Child Support Enforcement, Administration for Children and Families, U.S. Department of Health and Human Services; Margaret Campbell Haynes, Attorney, Center for the Support of Families, SLI Government Solutions; Jill Anderson, Legislative Affairs Program Manager, Debt Management Center, Office of Finance, U.S. Department of Veterans Affairs; Bardia Bastin, Staff Attorney, Veterans Advocacy Project, Legal Counsel for the Elderly; Amy Mix, Elder Justice Section Chief, Office of the Attorney General, District of Columbia; Karin Nordstrom, Staff Attorney, Legal Aid Society of Columbus; John S. Odom Jr., Partner, Jones and Odom LLP; Joseph G. Schmitt, National Finance Director, Debt Management Center, Office of Finance, U.S. Department of Veterans Affairs; Mike Saunders, Director of Military and Consumer Protection, Veterans Education Success; Aniela Szymanski, Senior Director, Legal Affairs and Military Policy, Veterans Education Success; Monica Vaca, Associate Director, Division of Consumer Response and Operations, Bureau of Consumer Protection, Federal Trade Commission
NOVEMBER 10 FIELD HEARING The Honorable Patrick Murphy, Chairman, WorkMerk; The Honorable Jimmy Panetta (D-CA-20); Mark Crowley, General Counsel, Senate Committee on Veterans Affairs; General Jim Mattis (U.S. Marine Corps, Ret.), Senior Counselor, The Cohen Group (by video); Robin Honeycutt, Graduate, Buffalo Veterans Treatment Court; Judi A. Green, LCSW, Veterans Justice Outreach Specialist, Veterans Health Indiana; Joshua Martini, Graduate, Hamilton County (IN) Veterans Treatment Court; Chief of Police Blair Myhand, Clayton Police Department, North Carolina; Swapna Yeluri, Senior Staff Attorney, Economic and Healthcare Security Practice, Legal Counsel for the Elderly; Joe Badzmierowski, Director, Field Services, Paralyzed Veterans of America; Chuck Bosko, Veterans Service Officer, Appeals Specialist, Illinois Department of Veterans Affairs; Rochelle Bobroff, Pro Bono Director, National Veterans Legal Services Program; Holly Christian, Pro Bono Manager and Staff Attorney, Swords to Plowshares; Celeste Como, Associate General Counsel, Verizon; Alexandra Srsic, Attorney, Bay Area Legal Services and Team Leader, Major General Ernest A. and Marilyn Bedke Veterans Law Center
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The Task Force also thanks the following individuals for their invaluable technical assistance: Jennifer Bingham, Product Director, PATRIOTLink, Code of Support Foundation; Andy Blevins, Operations & Finance Director, Minority Veterans of America; Don Christensen, President, Protect Our Defenders; Lindsay Church, Executive Director & Co-Founder, Minority Veterans of America; Carolyn Colley, Action Officer, PREVENTS Office, U.S. Department of Veterans Affairs; Cajun Comeau, Senior Program Analyst, Southeast U.S., Veterans Experience Office, U.S. Department of Veterans Affairs; Holly Cook, Associate Executive Director, Governmental Affairs Office, American Bar Association; Jennifer Dane, Executive Director, Modern Military Association of America; Alfredo Figueroa, Veteran; Michael Gadson, American Bar Association; Rose Carmen Goldberg, Deputy Attorney General, Office of the California Attorney General; Ken Goldsmith, Legislative Counsel and Director of State Legislation, American Bar Association; Amy Horton-Newell, Director, Center for Public Interest Law, American Bar Association; Juliana Lesher, National Director of VA Chaplain Services, U.S. Department of Veterans Affairs; Mary Meixner, Director, ABA Military and Veterans Legal Center and Chief Counsel, Standing Committee on Legal Assistance for Military Personnel, American Bar Association;
Justice Eileen Moore, California’s 4th District Court of Appeal, Division 3; Bob Notch, President; Greater Boston Veterans Collaborative; Adam Rocke, Senior Director, Hiring Our Heroes, U. S. Chamber of Commerce; Kelly Russo, Director, Commission on Homelessness and Poverty, American Bar Association; Scott Schoettes, HIV Project Director/Counsel, Lambda Legal; Evan Seamone, Staff Attorney, Veterans Law and Disability Benefits Clinic, WilmerHale Legal Services Center at Harvard Law School; Dwight Stirling, CEO & Chairman of the Board, Center for Law and Military Policy and Co-Founder, Veterans Legal Institute; Mark Sullivan, Principal, Law Offices of Mark E. Sullivan, P.A. Attorneys at Law; Kayla Williams, Senior Fellow and Director, Military, Veterans, and Society Program, Center for a New American Security; Keith Wilson, Director for the Northeastern U.S. and Europe, Army Soldier for Life Program; Col. Tracianna Winston, Chief, Legal Actions Group, Office of the Chief Counsel, National Guard Bureau; and Jason Vail, Director, Legal Services Division and Chief Counsel, Standing Committee on Legal Aid and Indigent Defense, American Bar Association.
Abigail Lawlis Kuzma
Gen. David D. Halverson (USA, Ret.)
John G. Malcolm
Ronald S. Flagg
Halbrook Distinguished Chair of American Government, Taylor University; Member, LSC Board of Directors
Senior Legal Fellow, Heritage Foundation; Member, LSC Board of Directors
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Chairman and Chief Executive Officer, Cypress International; LSC Leaders Council
John G. Levi
Chairman, LSC Board of Directors; Partner, Sidley Austin LLP
President, General Counsel and Vice President for Legal Affairs
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Appendix: Congressional Acts to Enhance Veteran Rights SERVICEMEMBERS AND VETERANS INITIATIVE ACT In 2020, Congress passed the Servicemembers and Veterans Initiative Act to permanently establish the Servicemembers and Veterans Initiative (SVI) within the Department of Justice’s Civil Rights Division. Principally, the SVI enforces a number of service member- and Veteran-related statutes, including the Servicemembers Civil Relief Act (SCRA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and the Americans with Disabilities Act (ADA).261 In addition to this work, SVI works with other government offices to promote the legal interests of service members, Veterans, and their families through policy advocacy, law enforcement, and awareness raising.262 SVI also identifies legal aid resources by maintaining an online web tool for service members and Veterans to access information about their legal rights, available benefits, and eligibility requirements.263
SERVICEMEMBERS CIVIL RELIEF ACT Congress enacted the Servicemembers Civil Relief Act (SCRA) in 2003 as an expansion of the Soldiers’ and Sailors' Civil Relief Act to ease financial burdens on service members during their military service. The SCRA is a means for the DOJ to bring civil claims on a service member’s behalf, and it covers such issues as rental agreements, security deposits, evictions, installment contracts, credit card interest rates, mortgages and foreclosures, civil judicial proceedings, automobile leases, health insurance, life insurance, and income tax payments.264 Some of these protections may extend after 66
a service member separates from service. For instance, mortgage interests are capped at 6% for service members during their service period and for up to one year after discharge.265 In addition, creditors must seek court approval before foreclosing on a Veteran’s mortgage during the first year post-separation.266
UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT Enacted in 1994, the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members’ and Veterans’ civilian employment rights. In effect, USERRA minimizes the barriers that Veterans face when accessing civilian employment and reduces employment discrimination against persons based on their Veteran status.267 Notably, Veterans with bad paper discharges are excluded from USERRA’s protections.268
AMERICANS WITH DISABILITIES ACT In 1990, Congress enacted the Americans with Disabilities Act (ADA) to prohibit discrimination based on disability in employment, national, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.269 Although the ADA is not Veteran-specific, it is vital for safeguarding Veteran rights. Roughly 25% of all Veterans and 41% of post-9/11 era Veterans are living with a disability.270 For disabled Veterans, the ADA’s numerous protections are critical to ensuring them equal access and opportunity in the above sectors. LEGAL SERVICES CORPORATION
JOHNNY ISAKSON AND DAVID P. ROE, M.D. VETERAN’S HEALTHCARE AND BENEFITS IMPROVEMENT ACT OF 2020 In 2020, Congress adopted the Johnny Isakson and David P. Roe, M.D. Veteran’s Healthcare and Benefits Improvement Act to provide greater protections to Veterans facing homelessness, toxic exposure, and COVID-19, among other challenges.271 Specifically, the bill eases the Federal grant process for organizations assisting homeless Veterans, ensuring access to housing and shelters compliant with social distance requirements.272 The bill also expands education assistance for Veterans during COVID-19.273 Moreover, the bill responds to the needs of specific populations, including women and Native American Veterans. For instance, the bill establishes an Office of Women’s Health at the Department of Veteran’s Affairs, mandates that every VA hospital hire dedicated and competent women’s health providers, requires the VA to adopt antiharassment and anti-sexual assault policies, and ensures VA services are victim-centered and trauma-informed.274
WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021 In 2021, Congress adopted the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (NDAA 2021).275 The act authorizes a $740 billion authorization to support the DOD's military activities, military construction, and the Department of Energy’s defense activities, among other purposes.276 With respect to Veterans, permitted spending of appropriations includes improving legal assistance, health assessments, and mental health services for Veterans as well as expanding HUD-VASH eligibility and researching Veteran’s emerging legal, health, and social needs.277
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Endnotes 1
Legal Services Corp., The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans, 49 (June 2017), https://www.lsc.gov/sites/default/files/images/TheJusticeGap-FullReport.pdf.
2
Id.
3
Id.
4
Id.
5
Brynne Keith-Jennings & Lexin Cai, SNAP Helps 1.3 Million Low-Income Veterans, Including Thousands in Every State, Center for Budget and Policy Priorities (Jan. 8, 2020), https://www.cbpp.org/research/ food-assistance/snap-helps-13-million-low-income-veterans-including-thousands-in-every.
6
Legal Services Corp., supra note 1, at 49
7
Community Collaboration for America’s Veterans: Insights from the Bob Woodruff Foundation’s Local Partners Self-Assessment Tool, Bob Woodruff Foundation, (June 2020) [hereinafter Woodruff Foundation Insights], https://bobwoodrufffoundation.org/wp-content/uploads/2020/06/Community-Collaboration-forAmericas-Veterans-Insights-from-the-Bob-Woodruff-Foundations-Local-Partner-Self-Assessment-Tool.pdf.
8
Jennifer Trott, M.P.H. et al, Veterans Face Mounting Legal Needs Amidst the Covid-19 Pandemic, Nat’l Ctr. for Med.-Legal P’ship Veterans Series, (July 2020), https://medicallegalpartnership.org/wp-content/uploads/2020/07/VA-COVID-Issue-Brief.pdf.
9
National Military & Veterans Legal Services Network Report and Recommendations, Military and Veterans Legal Services Network National Planning Summit, June 23-24, 2016, at 24 (on file with authors).
10
Legal Services Corp., Technology Initiative Grant Program, https://www.lsc.gov/grantsgrantee-resources/our-grant-programs/tig (last visited Mar. 30, 2021).
11
Id.
12
See e.g., Celebrate Pro Bono, https://www.probono.net/celebrateprobono/about/ (last visited Mar. 31, 2021).
13
Brynne Keith-Jennings & Lexin Cai, supra note 5.
14
Legal Services Corp., supra note 1, at 49.
15
Id.
16
Id.
17
38 U.S.C. § 101(2). For programs aimed at reducing or preventing homelessness among Veterans, Title 38 expands its definitions of “veteran” to include persons who served in the active military, naval, or air service, regardless of length of service, and who did not receive a dishonorable discharge or who were not discharged or dismissed through a general court martial sentence. 38 U.S.C. § 2002(b)(1)-(2).
18
What is a Veteran? The Legal Definition, VA.org, https://va.org/what-is-a-veteranthe-legal-definition/#:~:text=Title%2038%20of%20the%20Code,any%20 branch%20of%20armed%20forces (last visited Mar. 22, 2021).
19
Transitioning Servicemembers: Information on Military Employment Assistance Centers, U.S. Gov’t Accountability Off. (June 17, 2019), https://www.gao.gov/products/GAO-19-438R.
20
Congressional Research Service, Military Retirement: Background and Recent Developments (Feb. 16. 2021), https://fas.org/sgp/crs/misc/RL34751.pdf.
21
Ali R. Tayyeb & Jennifer Greenburg, ‘Bad Papers’: The Invisible and Increasing Costs of War for Excluded Veterans, Costs of War, Watson Inst. Int’l and Public Affairs, Brown University, 4 (June 20, 2017). https://watson.brown.edu/costsofwar/files/cow/imce/papers/2017/Tayyeb%20 Greenburg_Bad%20Papers%20.pdf. Graphic reproduced with permission of authors.
22
Internal Revenue Code, Pub. L. No. 112-56, 125 § 711 (2011).
23
Natalie Gross, TAP is Getting a Makeover This Year. Here’s What You Need to Know, Military Times (June 28, 2019), https://www.militarytimes.com/education-transition/2019/06/28/ tap-is-getting-a-makeover-this-year-heres-what-you-need-to-know/.
24
Id.
25
Congressional Research Service, Military Transition Assistance Program (TAP): An Overview (updated July 12, 2018), https://www.everycrsreport.com/files/2018-07-12_IF10347_96d1783547408fbb8f75d4061ad2a644a4228d57. pdf (citing U.S. Dep’t of Labor, Veterans’ Employment and Training Service, Transition Assistance Program Operations Manual; U.S. Gov’t Accountability Off., Transitioning Veterans: DOD Needs to Improve Performance Reporting and Monitoring for the Transition Assistance Program, GAO 18-23 (Nov. 2017)).
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26
Transition and Economic Development, U.S. Dep’t of Veterans Affairs, https://www. benefits.va.gov/transition/tap.asp#:~:text=Service%20members%20begin%20TAP%20 one,called%20VA%20Benefits%20and%20Services (last visited Nov. 5, 2020).
27
See id.
28
The Difficult Transition from Military to Civilian Life, Pew Research Center, (Dec. 16, 2011), https://www. pewresearch.org/fact-tank/2011/12/16/the-difficult-transition-from-military-to-civilian-life/; The Military to Civilian Transition, U.S. Dep’t of Veterans Affairs, 1 (2018), https://benefits.va.gov/TRANSITION/docs/ mct-report-2018.pdf#:~:text=The%20military%20to%20civilian%20transition%20occurs%20within%20 a,through%20local%20government%2C%20private%20industry%2C%20and%20nonprofit%20organizations.
29
David M. Joseph, Ph.D., Oakland Vet Center, Welcome Home: Understanding the Complex Transition and Unique Needs of Military Veterans, Power Point Presentation, https://lsc-live.box.com/s/rxhqy2ce9zipredckec0uuuialgx7x7j.
30
The Military to Civilian Transition, supra note 28 (stating that 41% of Veterans, active duty service members, National Guard members, Reserve members, and military dependents identified adjusting to civilian culture as a significant transition challenge).
31
Blue Star Families, 2018 Military Family Lifestyle Survey: Comprehensive Report, 32, (2018) https://www.navso.org/sites/default/files/library/2018MFLS-ComprehensiveReport-DIGITALFINAL.pdf 018MFLS-ComprehensiveReport-DIGITAL-FINAL.pdf (navso.org).
32
Id. at 7.
33
Veterans’ Voices on Transitioning from Service, Make The Connection, https://www.maketheconnection.net/stories/822/.
34
Towards an End to Veteran Homelessness and Suicide: Recommended Changes to the VA’s Character of Discharge Determination Process before the Subcomm. on Disability Assistance & Memorial Affs., House Veterans Affs. Comm., July 8, 2020 (statement of Maureen Siedor, Legal Director of Swords to Plowshares), https://www. congress.gov/116/meeting/house/110852/witnesses/HHRG-116-VR09-Bio-SiedorM-20200708.pdf.
35
Dan Nagin, Clinical Professor of Law and the Vice Dean for Experiential and Clinical Education at the Harvard Law School, LSC Veterans Task Force Field Hearing, Nov. 10, 2020.
36
Stephanie S. Ledesma, PTSD and Bad Paper Discharges: Why the Fairness to Soldiers Act is Too Little, Too Late, 10
Elon L. Rev. 189 (2018), https://www.elon.edu/u/law/wp-content/uploads/sites/996/2019/07/189-237_crop.pdf.
37
Jack Tsai, Ph.D. & Robert A. Rosenheck, M.D. Characteristics and Health Needs of Veterans with Other-than-Honorable Discharges: Expanding Eligibility in the Veterans Health Administration, 183(5-6) Military Medicine e153-e157 (2018).
38
Don Christensen, Col. (Ret.) & Yelena Tsilker, Racial Disparities in Military Justice: Findings of Substantial and Persistent Racial Disparities Within the United States Military Justice System, Protect Our Defenders (May 5, 2017), https://www.protectourdefenders.com/wp-content/uploads/2017/05/Report_20.pdf; DOD Health: Actions Needed to Ensure Post-Traumatic Stress Disorder and Traumatic Brain Injury Are Considered in Misconduct Separations, U.S. Gov’t Accountability Off. (May 2017), https://www.gao.gov/assets/690/685052.pdf.
39
DOD Health: Actions Needed to Ensure Post-Traumatic Stress Disorder and Traumatic Brain Injury Are Considered in Misconduct Separations, supra note 38 at 2.
40
Id. at 12.
41
Id.
42
Id. at 14.
43
Dep’t of Defense Off. of Inspector General, Report No. DODIG-2016-088, “Evaluation of the Separation of Service Members Who Made a Report of Sexual Assault,” at 4 (May 9, 2016), https://media.defense.gov/2016/May/09/2001714241/-1/-1/1/DODIG-2016-088.pdf.
44
Id. at i.
45
Intersections Between Mental Health and Law Among Veterans (Jack Tsai, Ph.D, & Evan R. Seamone eds. (2019)).
46
Legal Services Corp., supra note 1, at 49.
47
See 5 U.S.C. §§ 2108-2108a for categories of veteran preference.
48
See https://www.legion.org/veteransbenefits/state for a comprehensive guide to Veterans benefits by state.
49
About VA, U.S. Dep’t of Veterans Affairs, https://www.va.gov/about_va/mission.asp.
50
Veterans Legal Clinic at the Legal Services Center of Harvard Law School, Veterans Legal Services, and Wilmer, Cutler, Pickering, Hale and Dorr LLP, Turned Away, How VA Unlawfully Denies Health Care to Veterans with Bad Paper Discharges, OUTVETS 2020 (2020), https://legalservicescenter.org/wp-content/uploads/Turn-Away-Report.pdf.
51
National Cemetery Administration, https://www.usa.gov/federal-agencies/national-cemetery-administration.
52
Underserved, How the VA Wrongfully Excludes Veterans with Bad Paper, Veterans Legal Clinic at the Legal Services Center of Harvard Law School (March 2016), https://bostonbar. org/docs/default-document-library/underserved.pdf?Status=Temp&sfvrsn=2.
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53
Christine Timko et al., Clients of VA-Housed Legal Clinics: Legal and Psychosocial Needs When Seeking Services and Two Months Later, 6(1) J. of Veterans Studies 239 (2020), https://journal-veterans-studies.org/articles/10.21061/jvs.v6i1.167/.
54
38 C.F.R. § 3.12.
55
Id.
56
Towards an End to Veteran Homelessness and Suicide: Recommended Changes to the VA’s Character of Discharge Determination Process before the Subcomm. on Disability Assistance & Memorial Affs., House Veterans Affs. Comm., July 8, 2020 (statement of Maureen Siedor, Legal Director of Swords to Plowshares), https://www. congress.gov/116/meeting/house/110852/witnesses/HHRG-116-VR09-Bio-SiedorM-20200708.pdf.
57
Id.
58
Id.
59
Legal Services Corp., supra note 1, at 49; see also Christine Timko et al., National survey of Department of Veterans Affairs’ Housed legal clinics to inform legal aid-health system partnerships, Journal of Health Care for the Poor and Underserved, 31(3) (2020), at 1440-1456 (providing that 10.2% of clients at VA-housed legal clinics receive clients with consumer-related legal issues).
60
Consumer Financial Protection Bureau, Office of Service Member Affairs: Annual Report for Fiscal Year 2019 (2019), https://files.consumerfinance.gov/f/documents/cfpb_osa_annual-report_2019.pdf.
61
Id.
62
New Year, Same Scams: Tips and tricks from AARP to fight fraud in 2021, VAntage Point Blog, https://blogs. va.gov/VAntage/83191/new-year-same-scams-tips-tricks-aarp-fight-fraud-2021/ (last visited Mar. 21, 2021).
63
Pension Poaching, AARP (Nov. 6, 2019), https://www.aarp.org/money/ scams-fraud/info-2019/pension-poaching.html.
64
Veterans Targeted in Benefits Scams, FCC, https://www.fcc.gov/veterans-targeted-benefits-scams. (last visited Mar. 2021).
65
Scams Targeting Veterans, (updated May 4, 2020), https://www.aarp. org/money/scams-fraud/info-2019/veterans.html.
66
Legal Services Corp., supra note 1, at 49.
67
The Employment Situation of Veterans, April 2020, Institute for Veterans and Military Families (May 8, 2020), https:// ivmf.syracuse.edu/wp-content/uploads/2020/05/IVMF-Monthly-Employment-One_pager-FINAL-May-2020.pdf.
68
Id.
69
Id.
70
Unemployment Compensation, U.S. Dep’t of Defense, https://militarypay. defense.gov/Benefits/Unemployment-Compensation/.
71
Id.
72
Id.
73
38 U.S.C. § 2002(b); House Passes “Veteran HOUSE Act” as Part of National Defense Authorization Act, Nat’l Low Income Housing Coal. (Dec. 14, 2020), https://nlihc.org/resource/ house-passes-veteran-house-act-part-national-defense-authorization-act.
74
Smiljanic Stasha, supra note 4.
75
Community Homelessness Assessment, Local Education and Networking Groups (CHALENG), U.S. Dep’t of Veterans Affairs (Feb. 2019), https://www.va.gov/HOMELESS/docs/CHALENG-2018-factsheet-508.pdf.
76
Evan Seamone, Improved Assessment of Child Custody Cases Involving Combat Veterans with Posttraumatic Stress Disorder, 50(2) Fam. Ct. Rev. (2012), https://www.researchgate.net/publication/263366268_Improved_ assessment_of_child_custody_cases_involving_combat_veterans_with_posttraumatic_stress_disorder.
77
Id.
78
Carson Frame, The VA is Teaching Intimacy Skills to Veterans to Try to Save Their Marriages, The American Homefront Project (Dec. 9, 2019), https://americanhomefront.wunc.org/post/va-teaching-intimacy-
skills-veterans-try-save-their-marriages#:~:text=The%20VA%20Is%20Teaching%20Intimacy%20Skills%20 To%20Veterans,of%20John%27s%20PTSD%20symptoms%20and%20other%20health%20challenges. 79
Lisa Troshinsky, Veterans Bike Across the US, Raise Awareness for PTSD, Associated Press (Jun 13, 2016), https://www.military.com/daily-news/2016/06/13/veterans-bike-us-raise-awareness-ptsd.html.
80
American Psychological Association, Marriage & Divorce, apa.org/topics/divorce-child-custody#:~:text=They%20 are%20also%20good%20for,subsequent%20marriages%20is%20even%20higher (last visited Apr. 14, 2021).
81
Jennifer L. Price, Ph.D. & Susan P. Stevens, Psy.D., Partners of Veterans with PTSD, U.S. Dep’t of Veterans Affairs (2019), https://www.ptsd.va.gov/professional/treat/specific/vet_partners_research.asp.
82
Uniformed Services Former Spouses Protection Act, 10 U.S.C. § 1408; see Mansell v. Mansell, 490 U.S. 581 (1989).
83
Rose v. Rose, 481 U.S. 619 (1987).
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84
Carl O. Graham, VA Disability in Divorce, Military Divorce Guide, https://www.militarydivorce-guide.com/disability/va-disability-divorce (last visited Apr. 14, 2021).
85
Legal Services Corp., supra note 1, at 49.
86
Leo Shane III, Coronavirus Deaths Among Veterans Affairs Patients Rising in August, Military Times (Aug. 18, 2020), https://www.militarytimes.com/news/pentagon-congress/2020/08/18/ coronavirus-deaths-among-Veterans-affairs-patients-rising-in-august/.
87
Jamie Rowen, 8 Ways Veterans Are Particularly at Risk from the Coronavirus Pandemic, The Conversation (April 16, 2020), https://theconversation. com/8-ways-veterans-are-particularly-at-risk-from-the-coronavirus-pandemic-135619.
88
Steve Beynon, Families of Veterans Who Die From Coronavirus Would Have Survivor Benefits Protected Under House Bill, Stars And Stripes (Oct. 5, 2020), https://www.stripes.com/news/veterans/families-of-veteranswho-die-from-coronavirus-would-have-survivor-benefits-protected-under-house-bill-1.647569.
89
Ensuring Survivors Benefits during COVID-19 Act of 2020, S. 4166, 116th Cong. (2019-2020).
90
Julie Bosman et al., As the Coronavirus Surges, a New Culprit Emerges: Pandemic Fatigue, N.Y. TIMES (Nov. 11, 2020) https://www.nytimes.com/2020/10/17/us/coronavirus-pandemic-fatigue.html.
91
Jamie Rowen, supra note 87.
92
Coronavirus FAQs: What Veterans Need to Know, U.S. Dep’t of Veterans Affairs, https://www.va.gov/coronavirusveteran-frequently-asked-questions/#debt-copays-appeals-and-other- (last udpated March 23, 2021); COVID-19 Unemployment Relief, DAV, https://www.dav.org/covidrelief/ (last visited March 23, 2021).
93
Amanda Barroso, The Changing Profile of the U.S. Military: Smaller In Size, More Diverse, More Women In Leadership, Pew Research Center (Sept. 10, 2010), https://www. pewresearch.org/fact-tank/2019/09/10/the-changing-profile-of-the-u-s-military/.
94
See, e.g., Minority Veterans Report: Military Service History and VA Benefits Utilization Statistics, U.S. Dep’t of Veterans Affairs, 13 (Nov. 2020), https://www.va.gov/vetdata/docs/SpecialReports/Minority_ Veterans_Report_Final.pdf; Jasmin Brooks et al., Capability for Suicide: Discrimination and Suicide, 50(6) Suicide And Life-Threatening Behavior 1173-1180, 1178-1179 (2020); Fact Sheet: Community Homelessness Assessment, Local Education and Networking Groups (CHALENG), U.S. Dep’t of Veteran Affairs, 4 (Feb. 2019), https://www.va.gov/HOMELESS/docs/CHALENG-2018-factsheet-508.pdf.
95
Nathalie Grogan, et al, New York State Minority Veteran Needs Assessment, Center for a New American Security, 12-15 (Feb. 20, 2020), https://www.cnas.org/publications/reports/new-york-stateminority-veteran-needs-assessment; Mollie A. Ruben et al., Lesbian, Gay, Bisexual, and Transgender Veterans' Experiences of Discrimination in Health Care and Their Relation to Health Outcomes: A Pilot Study Examining the Moderating Role of Provider Communication, 3(1) Health Equity 480488 at 484 (Sept. 26, 2019), https://www.liebertpub.com/doi/full/10.1089/heq.2019.0069.
96
Minority Veterans Report: Military Service History and VA Benefits Utilization Statistics, supra note 94 at 1.
97
Id.
98
Id.
99
Don Christensen, Col. (Ret.) & Yelena Tsilker, supra note 38.
100 Id; Roxana Tiron, Black Troops Said More Likely Than Whites to Face Discipline, Bloomberg Government (June 16, 2020), https://about.bgov.com/news/black-troops-said-more-likely-than-whites-to-facediscipline/; Meghan Myers, This Report Says Black and Hispanic Service Members Are More Likely to Face Trial, Military Times (May 31, 2019), https://www.militarytimes.com/news/your-military/2019/05/31/ this-report-says-black-and-hispanic-service-members-are-more-likely-to-face-trial/. 101 It’s Not “Quality of Life,” It’s “Life or Death,” Hearing Before the House Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs’ Hybrid Oversight, 116th Cong. (2020) [hereinafter Hearings] (written testimony of Minority Veterans of America), https://www.congress. gov/116/meeting/house/110852/documents/HHRG-116-VR09-20200708-SD101.pdf. 102 Id. 103 Id. To improve Native American Veterans’ access to culturally-sensitive assistance with their efforts to access VA benefits, the American Bar Association’s Standing Committee on Legal Assistance for Military Personnel recently adopted a resolution that urges Congress and the Administration to require the Department of Veterans Affairs to remove regulatory barriers to full accreditation of Tribal Veterans Service Officers. See https://www.americanbar.org/content/dam/aba/administrative/news/2020/08/2020-am-resolutions/110.pdf. 104 Cade Schreger & Matthew Kimble, Assessing Civilian Perceptions of Combat Veterans: An IAT Study, Psychol Trauma (Aug. 2017), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5621655/; Timothy Huzar, How Black Veterans Experience Racial Bias in Mental Healthcare, Medical News Today (Sept. 18, 2020), https://www. medicalnewstoday.com/articles/how-black-veterans-experience-racial-bias-in-mental-healthcare; Chloë FitzGerald & Samia Hurst, Implicit Bias in Healthcare Professionals: A Systematic Review, BMC Medical Ethics (Mar. 2017), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5333436/; Emma Bienias et al., Implicit Bias in the Legal Profession (Aug. 23, 2017), https://ipo.org/wp-content/uploads/2017/11/Implicit-Bias-White-Paper-2. pdf; Chris C. Goodman, “Shadowing the Bar: Attorneys’ Own Implicit Bias,” Berkeley La Raza L. J. 19-48 (2018).
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105 Demographics of the U.S. Military, Council on Foreign Relations, https://www.cfr.org/ backgrounder/demographics-us-military (last updated July 13, 2020). 106 Mary Dever, With Historic Number of Women in Uniform, the Vet Community is About to Change, Military.com (Mar. 11, 2019), https://www.military.com/daily-news/2019/03/11/ historic-number-women-uniform-vet-community-about-change.html. 107 Hearings, supra note 101 (written testimony of Minority Veterans of America), https://www. congress.gov/116/meeting/house/110852/documents/HHRG-116-VR09-20200708-SD101.pdf. 108 New Study Finds Transgender People Twice as Likely to Serve in Military, Nat’l LGBTQ Task Force, https://www.thetaskforce.org/new-study-finds-transgender-peopletwice-as-likely-to-serve-in-military/ (last visited Apr. 14, 2021). 109 Ashley C. Schuyler et al., Experiences of Sexual Harassment, Stalking, and Sexual Assault During Military Service Among LGBT and Non-LGBT Service Members, 33(3) J. Traumatic Stress 257-266 (June 2020) (reporting survey results showing that transgender service members experienced elevated rates of sexual harassment (83.9% of transgender members surveyed, compared to 80.7% of LGB service members) and sexual assault (30.4% of transgender members surveyed, compared to 25.7% of LGB service members)); see also Facts on United States Military Sexual Violence, Protect Our Defenders, https://www. protectourdefenders.com/wpcontent/uploads/2018/06/.1.-MSA-Fact-Sheet-180628.pdf (last updated June 2018) (“14,900 members (8,600 women and 6,300) men were sexually assaulted in 2016.” (citing the FY 2016 Department of Defense Annual Report on Sexual Assault in the Military, https://sapr.mil/public/ docs/reports/FY16_Annual/FY16_Annual_Report_on_Sexual_Assault_in_the_Military_Full_Report.pdf). 110 Schuyler et al., supra note 109. 111 James N. Mattis, U.S. Sec’y for the Dep’t of Defense, Memorandum for the President: Military Service by Transgender Individuals, Feb. 22, 2018, at 41. 112 Hearings, supra note 101 (written testimony of Minority Veterans of America). 113 Lauren M. Denneson et al., Gender Differences In The Development of Suicidal Behavior Among United States Military Veterans: A National Qualitative Study, 260 Social Science & Medicine (2020), https://doi.org/10.1016/j.socscimed.2020.113178. 114 See Christine Timko et al., supra note 59, at 1440-1456 (providing almost a quarter (23.7%) of VA-housed legal clinics have a specific focus on women Veterans, suggesting that existing clinics may have gender-sensitive resources and trainings that could be disseminated more widely). 115 Discharged Under DADT? Upgrade May Be Possible, Veterans Law Group (June 29, 2017), https:// www.veteranslaw.com/discharged-under-dadt-upgrade-possible/#:~:text=In%20order%20to%20 upgrade%20your,while%20%E2%80%9Cimproper%E2%80%9D%20means%20mistaken%20or. 116 See Presidential Statement on Certification of Repeal of the Dep’t of Defense’s “Don’t Ask, Don’t Tell” Policy, Daily Comp. Pres. Docs., 2011 DCPD 201100517 (Jul. 22, 2011), https:// www.govinfo.gov/content/pkg/DCPD-201100517/pdf/DCPD-201100517.pdf. 117 Military Discharge Upgrades Liberal Consideration Policy, Militarybenefits.info, https:// militarybenefits.info/military-discharge-liberal-consideration/ (last visited Mar 26, 2021). 118 Discharged Under DADT? Upgrade May Be Possible, supra note 115. 119 William M. Kuzon, Jr., M.D., Ph.D. et al., Exclusion of Medically Necessary Gender-Affirming Surgery for America’s Armed Services Veterans, 20(4) AMA J. Of Ethics 403-413 (April 2018), https://journalofethics.ama-assn.org/ article/exclusion-medically-necessary-gender-affirming-surgery-americas-armed-services-Veterans/2018-04; Issues: Military & Veterans, Nat’l Ctr. for Transgender Equality, https://transequality.org/issues/military-Veterans. 120 Lesbian, Gay, Bisexual, & Transgender (LGBT) Veteran Health Care Fact Sheet, VHA Office of Patient Care Services & Office of Health Equity, https://www.patientcare.va.gov/images/VHA_LGBT_ VETERANS_HEALTH_CARE_EXTERNAL_FACT_SHEET.pdf (last updated July 14, 2014). 121 The VA offers a benefit entitlement called Aid and Attendance Housebound that provides eligible beneficiaries a monthly addition to their pension to support in-home care with daily activities, https://www.va.gov/pension/aid-attendance-housebound/. 122 Eric R. Pederson et al., Improvising Substance Use Care: Addressing Barriers To Expanding Integrated Treatment Options For Post-9/11 Veterans, 13 (2020), https://www.rand.org/pubs/research_reports/RR4354. html; Behavioral Health Issues Among Afghanistan and Iraq U.S. War Veterans, U.S. Dep’t of Health and Hum. Servs. (Substance Abuse and Mental Health Servs. Administration), Aug. 2012, at 1, https://store.samhsa. gov/product/Behavioral-Health-Issues-Among-Afghanistan-and-Iraq-U-S-War-Veterans/SMA12-4670. 123 Id.
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124 Duncan G. Campbell, Ph.D. et al., Stigma Predicts Treatment Preferences and Care Engagement Among Veterans Affairs Primary Care Patients with Depression, 50(4) Annals Of Behavioral Medicine 533-544 (Aug. 2016), https://academic.oup.com/abm/article/50/4/533/4345618; see also Dorothy A. Kaplan, Ph.D, Reducing Military Mental Health Stigma to Improve Treatment Engagement: Guidance for Clinicians, Psycholog. Health Ctr. For Excellence (July 8, 2019), https://www.pdhealth.mil/news/blog/reducingmilitary-mental-health-stigma-improve-treatment-engagement-guidance-clinicians (describing existence and effects of stigma around mental health conditions in the active duty military); Ann M. Cheney et al., Veteran-Centered Barriers to VA Mental Healthcare Services Use, 18:591 BMC Health Servs. Research 11 (July 2018), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6069794/pdf/12913_2018_Article_3346.pdf. 125 Gustavo Turecki, M.D. & David A. Brent, M.D., Suicide and Suicidal Behavior, 387(10024) The Lancet 1227-1239 (Mar. 19, 2016), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5319859/pdf/nihms5511.pdf. 126 Brad Carson, Acting Principal Deputy Under the U.S. Sec’y of Defense, Memorandum for Secretaries of the Military Departments: Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming Post Traumatic Stress Disorder or Traumatic Brain Injury, Feb. 24, 2016, http://veteransclinic.law.wfu.edu/files/2017/09/Carson-Memo.pdf; Chuck Hagel, U.S. Sec’y for the Dep’t of Defense, Memorandum for Secretaries of the Military Departments: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, Sept. 3, 2014, secnav.navy.mil/mra/bcnr/Documents/HagelMemo.pdf; Anthony M. Kurta, Formerly Performing the Duties of the Under Sec’y of Defense for Personnel and Readiness, Memorandum for Secretaries of the Military Departments: Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment, Aug. 25, 2017, https://dod. defense.gov/Portals/1/Documents/pubs/Clarifying-Guidance-to-Military-Discharge-Review-Boards.pdf. 127 Chuck Hagel, U.S. Sec’y for the Dep’t of Defense, supra note 126. 128 National Veteran Suicide Prevention Annual Report, U.S. Dep’t of Veterans Affairs (Office of Mental Health and Suicide Prevention) (Nov. 2020), https://www.mentalhealth.va.gov/docs/datasheets/2020/2020-National-Veteran-Suicide-Prevention-Annual-Report-11-2020-508.pdf. 129 Leo Shane III, New Veteran Suicide Numbers Raise Concerns Among Experts Hoping for Positive News, Military Times (Oct. 9, 2019), https://www.militarytimes.com/news/pentagon-congress/2019/10/09/ new-veteran-suicide-numbers-raise-concerns-among-experts-hoping-for-positive-news. 130 Id. 131 John R. Blosnich et al., Social Determinants and Military Veterans’ Suicide Ideation and Attempt: A Cross-sectional Analysis of Electronic Health Record Data, 35 J. Gen. Internal Med. 1759-1767 (June 2020), https://link.springer.com/content/pdf/10.1007/s11606-019-05447-z.pdf. 132 National Veteran Suicide Prevention Annual Report, supra note 128 at 3. 133 Id. (note there is a footnote stating this difference is not “statistically significant”). 134 Id. (depression diagnoses: 72.9 per 100,000 in 2005 compared with 66.4 per 100,000 in 2018; anxiety diagnosis: 83.1 per 100,000 compared with 67 per 10,000 in 2018). 135 This education is often referred to as “cultural competence.” See e.g., ABA Standards for the Provision of Civil Legal Aid, 59 (Aug. 2006) https://www.americanbar.org/content/dam/aba/administrative/legal_aid_ indigent_defendants/ls_sclaid_civillegalaidstds2007.pdf. (stating “A provider should ensure that its staff has the skills, knowledge, and resources necessary to provide assistance in a culturally competent manner.” The ABA Standards provide a detailed definition of assisting in a culturally competent manner). 136 David M. Joseph, supra note 29. 137 Woodruff Foundation Insights, supra note 7. 138 The ABA Military and Veterans Legal Center, American Bar Assoc’n, http://ambar.org/Veterans. 139 PsychArmor Institute, https://psycharmor.org/. 140 Hiring Our Heroes, 2019 Annual Report, at 4 (2019), https://online.fliphtml5.com/ugwgi/josx/. 141 What is SkillBridge?, U.S. Dep’t of Defense., https://dodskillbridge.usalearning. gov/program-overview.htm (last visited Mar. 30, 2021). 142 Legal Services Corp., supra note 1, at 49. 143 Anne S. Douds & Eileen M. Ahlin, Untapped Resources: What Veteran Services Officers Can Provide for Probation and Parole, 79(1) Fed. Probation, 17-20 (June 2015), https://www.uscourts.gov/sites/default/files/79_1_3_0.pdf. 144 Office of Inspector General, Veterans Health Administration: VHA Did Not Effectively Manage Appeals of Non-VA Care Claims, U.S. Dep’t of Veterans Affairs (Nov. 21, 2019), https://www.va.gov/oig/pubs/VAOIG-18-06294-213.pdf. 145 Id.
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146 Project CHALENG, U.S. Dep’t of Veterans Affairs, https://www.va.gov/ homeless/chaleng.asp (last visited Mar. 30, 2021). 147 Jack Tsai, Ph.D. et al., Partnerships Between Health Care and Legal Providers in the Veterans Health Administration, 68(4) Psych. Servs. 321-323 (Apr. 2017), https://ps.psychiatryonline.org/doi/pdf/10.1176/appi.ps.201600486. 148 Id. 149 Id. 150 Id. 151 Free Legal Clinics in VA Facilities, U.S. Dep’t of Veterans Affairs (Mar. 2021), https://www.va.gov/ogc/docs/legalservices.pdf. 152 Jennifer Trott, M.P.H. & Kimberly Lattimore, M.P.H., Leveraging Legal Services on the Homeless Patient Aligned Care Team, Nat’l Ctr. For Med.-Legal P’ship Veterans Series, 11 (Apr. 2000), https://medicallegalpartnership.org/wp-content/uploads/2020/04/Leveraging-Legal-Services-on-H-PACT.pdf. 153 Id. 154 Id. 155 Id. at 9. 156 Id. 157 Id. 158 Id. 159 Kimberly Lattimore, M.P.H. et al., Expanding VA-Housed Legal Clinics to Serve Veterans, Nat’l Ctr. For Med.-Legal P’ship Veterans Series, 3 (Jan. 2021), https://medicallegalpartnership.org/download/expanding-va-housed-legal-clinics/. 160 Id. at 1-2. 161 Id. 162 Id. at 2. 163 Id. at 9; Veterans Health Admin. Directive 2011-34: Homeless Veterans Legal Referral Process (Sept. 6, 2011), https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2449. 164 Pub. L. No. 116-283, § 548(a)(1)(a), (2021). 165 Joanna Theiss, J.D., LL.M et al., Medical-Legal Partnerships Serving Veterans: History, Growth & Progress, Nat’l Ctr. For Med.-Legal P’ship Population Series, 5 (May 2019), https://medical-legalpartnership. org/wp-content/uploads/2019/05/MLPs-Serving-Veterans-History-Growth-and-Progress.pdf. 166 Johnny Isakson & David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, Pub. L. 116-315, § 4202 (2021). 167 Kimberly Lattimore, M.P.H. et al., supra note 159 at 3. 168 Jennifer Trott et al, supra note 8 at 4. 169 Id. 170 Id. 171 Veterans Homepage, Pine Tree Legal Assistance, https://ptla.org/Veterans (last visited Mar. 29, 2021). 172 COSF’s Unique Programs Help Transform Military & Veteran Lives, Code of Support Foundation, https://www.codeofsupport.org/programs, (last visited Mar. 29, 2021). 173 PATRIOTLink, Code of Support Foundation, https://www.patriotlink.org/ (last visited Mar. 29, 2021); see also StatesideLegal, https://www.statesidelegal.org/. 174 Example organizations include Combined Arms; Greater Boston Veterans Collaborative; and Serving Together. 175 John Boerstler, Combined Arms Presentation, at 3 (July 20, 2020). 176 Id. at 5. 177 Id. at 10. 178 CAX Headquarters, Combined Arms, https://www.combinedarms.us/cax-center/ (last visited Mar. 29, 2021). 179 About Us, Combined Arms, https://www.combinedarms.us/collaboration/ (last visited Mar. 29, 2021). 180 Id. 181 John Boerstler, supra note 175 at 7. 182 CAX Headquarters supra note 178. 183 John Boerstler, supra note 175 at 13–14.
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184 PowerPoint Presentation from United Way of Broward County, Meeting of Coordination with Veterans Service Providers Working Group of the Veterans Task Force, at 2 (June 16, 2020) (on file with authors). 185 Id. at 4. 186 Mission United, United Way of Broward County, https://www.unitedwaybroward. org/mission-united (last visited Mar. 29, 2021). 187 Id. 188 What We Do, America Serves, https://americaserves.org/what-we-do/ (last visited Mar. 31, 2021). 189 Id. 190 Id. 191 Id. 192 Insights, America Serves, https://americaserves.org/what-we-do/insights/ (last visited Mar. 31, 2021). 193 Idaho Military Legal Alliance, http://www.idahomilitarylegalalliance.org/ (last visited Mar. 31, 2021). 194 Id. 195 Legal Services, Idaho Military Legal Alliance, http://www.idahomilitarylegalalliance. org/legal-services.html (last visited Mar. 26, 2021). 196 About Us, Idaho Military Legal Alliance, http://www.idahomilitarylegalalliance. org/about-us.html (last visited Mar. 26, 2021). 197 About the Foundation, Illinois Equal Justice Foundation, https://iejf.org/illinoisarmed-forces-legal-aid-network/ (last visited Mar. 31, 2021). 198 Id. 199 Id. 200 American Bar Assoc’n, Report and Recommendation on Veterans Treatment Courts, A.B.A. Res. 105A (Feb. 2010), https://www.americanbar.org/content/dam/aba/administrative/ homelessness_poverty/aba_policy_on_vets_treatment_courts.pdf. 201 See e.g. Veterans & Family Court: The Family Law Veteran’s Diversion Program in Orange County (CA) Superior Court,.https://www.bwjp.org/resource-center/resource-results/ veterans_and_family_court_the_family_law_veterans_diversion_program.html. 202 Kierra Zoellick, The Role of Veterans Justice Outreach Specialists in Veterans Treatment Courts, American University School of Public Affairs Justice Programs Office, 1 (Dec. 2016), https://www.american.edu/spa/jpo/upload/aunewsvjofinal.pdf. 203 American Bar Assoc’n, supra note 200 at 2, Recommendation 4. 204 Kierra Zoellick, supra note 202 at 1. 205 Id. (internal quotation marks omitted). 206 What Is a Veterans Treatment Court?, Justice for Vets, https://justiceforvets.org/ what-is-a-Veterans-treatment-court/ (last visited Mar. 26, 2021). 207 Id. 208 American Bar Assoc’n, supra note 200 at 2, Recommendation 3. 209 Veterans Courts, Florida Courts, https://www.flcourts.org/Resources-Services/CourtImprovement/Problem-Solving-Courts/Veterans-Courts (last visited Mar. 26, 2021). 210 Id. 211 The National Mentor Corps., Justice for Vets, https://justiceforvets.org/mentorcorps/ (last visited Mar. 26, 2021). 212 The Buffalo Veterans Treatment Court, Erie County, N. Y. Veterans Serv. Agency, https://www2.erie. gov/Veterans/index.php?q=buffalo-Veterans-treatment-court (last visited Mar. 26, 2021). 213 Id. 214 Id. 215 Id. 216 Grant Outcomes Report: Developing a Training Curriculum on the Needs of Veterans in the Criminal Justice System Using Results from an Evaluation of the Buffalo Veterans Treatment Court, NYS Health Found. at 2 (Nov. 2011). 217 Veterans Law and Disability Benefits Clinic, Harvard Law School, https://hls.harvard.edu/dept/ clinical/clinics/veterans-law-and-disability-benefits-clinic-lsc/ (last visited Mar. 26, 2021). 218 Id. 219 Veterans Legal Clinic, Univ. of Michigan Law, https://www.law.umich.edu/ clinical/veterans/Pages/default.aspx (last visited Mar. 26, 2021).
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220 The National Law School Veterans Clinic Consortium, https://nlsvcc.org/ (last visited Mar. 26, 2021). 221 Id. 222 Woodruff Foundation Insights, supra note 7. 223 Id. 224 See e.g., H.R. 7105 (2020). 225 Veteran, Family and Community Engagement, U.S. Dep’t of Veterans Affairs, (Oct. 11, 2018), https://www.va.gov/ve/docs/overviewVeoCommunityEngagement.PDF. 226 NCHAV – Supportive Services for Veteran Families (SSVF), U.S. Dep’t of Veterans Affairs, https:// www.va.gov/homeless/nchav/models/ssvf.asp#:~:text=The%20Supportive%20Services%20 for%20Veteran,due%20to%20a%20housing%20crisis, (last visited Mar. 26, 2021). 227 38 U.S.C. § 2044(b)(1)(D)(vii); 38 C.F.R. § 62.33(g). 228 Jennifer Trott, M.P.H. et al., supra note 8. 229 National Military & Veterans Legal Services Network Report and Recommendations, Military and Veterans Legal Services Network National Planning Summit at 4 (June 23-24, 2016) (on file with authors). 230 Signature Projects: A Pro Bono Model of Focus and Commitment Pro Bono Institute, 1 (2014), http:// www.cpbo.org/wp-content/uploads/2012/03/What-is-a-Signature-Project-10.31.17.pdf. 231 Id. 232 Id. 233 Military Mondays, William & Mary Law School, https://law.wm.edu/academics/programs/jd/electives/ clinics/Veterans/starbucks%20military%20mondays/index.php#:~:text=Military%20Mondays%20is%20 a%20partnership,personnel%20and%20thousands%20of%20Veterans (last visited Mar. 26, 2021). 234 Id. 235 Id. 236 Veterans Justice Pro Bono Partnership, WilmerHale Legal Services Center of Harvard Law School, https://legalservicescenter.org/get-involved/job-and-volunteer-opportunities/ Veterans-justice-pro-bono-partnership/ (last visited Mar. 26, 2021). 237 Id. 238 North America, Pro Bono, DLA Piper LLP (US), https://www.dlapiper.com/en/abudhabi/ focus/probono/regions/north-america/ (last visited Mar. 26, 2021). 239 Id. 240 Holland & Knight Veterans Group (2020), https://issuu.com/hollandknight/docs/hollandknight-veterans-group?e=16627326/63333027 (last visited Mar. 26, 2021). 241 Id. 242 VA Programs for Homeless Veterans, U.S. Dep’t of Veterans Affairs, 10 (Dec. 2019), https://www. va.gov/HOMELESS/docs/Homeless-Programs-General-Fact-Sheet-December-2019.pdf. 243 Id. 244 Jennifer Trott, M.P.H. & Kimberly Lattimore, M.P.H., supra note 152 at 6. 245 Pro Bono Lawyers: Where to Find One and How to Work with Them, Texas Law Help.Org, https://texaslawhelp. org/article/pro-bono-lawyers-where-find-one-and-how-work-with-them (last visited Mar. 30, 2021) 246 The Project: Maria Ceballos-Zagales, Equal Justice Works, https://www.equaljusticeworks. org/fellows/sponsor/kirkland-ellis/ (last visited Mar. 30, 2021). 247 See Free Legal Clinics in VA Facilities, U.S. Dep’t of Veterans Affairs, https://www.va.gov/ogc/docs/legalservices. pdf; Veterans Clinic Provides Disability Legal Assistance to Veterans, Chicago Crusader (May 29, 2020), https://chicagocrusader.com/Veterans-clinic-provides-disability-legal-assistance-to-Veterans/. 248 Blank Rome and VMware, Inc. Receive The Veterans Consortium’s 2018 Pro Bono Mission Partners Award, Blank Rome (Oct. 2018), https://www.blankrome.com/honors-and-awards/ blank-rome-and-vmware-inc-receive-veterans-consortiums-2018-pro-bono-mission. 249 Statements of Peter Beshar and Dao Sun, Legal Services Corp., “How Corporate Counsel & Civil Legal Services Organizations’ Pro Bono Projects Serve Veterans” Panel, Legal Services Corp. (Nov. 11, 2019); https://www.lsc. gov/media-center/multimedia-gallery/how-corporate-counsel-civil-legal-services-organizations-pro-bono. 250 Legal Services Corp., supra note 1, at 48. 251 Legal Services Corp., supra note 10 252 Id.
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253 Legal Services Corp., Highlights from 2020 ITC Conference, https://www.lsc.gov/meetings-events/ innovations-tech-conference/highlights-2020-itc-conference (last visited Mar. 30, 2021). 254 Celebrate Pro Bono, https://www.probono.net/celebrateprobono/about/ (last visited Mar. 26, 2021). 255 Chapter 115: Benefits/Safety Net Program, Massachusetts Dep’t of Veterans’ Servs., https://www. mass.gov/service-details/chapter-115-benefitssafety-net-program (last visited Mar. 30, 2021). 256 See Center for a New American Security, State Veteran Benefit Finder, for a searchable database of state and territorial Veterans’ benefits, https://www.cnas.org/publications/reports/state-veteran-benefit-finder. 257 Carole House et al., From Sea to Shining Sea: State-Level Benefits for Veterans, Center for a New American Security, 13-14 (Nov. 11, 2019), https://www.cnas.org/publications/reports/from-sea-to-shining-sea. 258 Center for a New American Security, supra note 256 (Select “Served in Combat” filter to see listing of state benefits for which combat veterans are eligible). 259 Carole House et al., supra note 257 at 14. 260 See Appendix. 261 Press Release, U.S. Dep’t of Justice, Justice Department Applauds the Passage and Enactment of the Servicemembers and Veterans Initiative Act of 2020: Bill Establishes the Servicemembers and Veterans Initiative Within the Civil Rights Division (Jan. 6, 2021), https://www.justice.gov/opa/pr/ justice-department-applauds-passage-and-enactment-servicemembers-and-veterans-initiative-act. 262 H. Rep. No. 116-618 (2020), https://www.congress.gov/ congressional-report/116th-congress/house-report/618/1?overview=closed. 263 Id. 264 See 50 U.S.C. §§ 3901-4043. 265 50 U.S.C. § 3937(a)(1)(A). 266 Id. § 3953. 267 Id. § 4301. 268 Id. § 4304. 269 A Guide to Disability Rights Laws, U.S. Dep’t of Justice, Civil Rights Div., Disability Rights Section (Feb. 2020), https://www.ada.gov/cguide.htm. 270 Veterans and the Americans with Disabilities Act: A Guide for Employers, U.S. Equal Employment Opportunity Commission, https://www.eeoc.gov/laws/guidance/veteransand-americans-disabilities-act-guide-employers (last visited Mar. 30, 2021). 271 H.R. 7105 supra note 224 §§ 1102-1108. 272 Nikki Wentling, Sweeping Veterans Bill Becomes Law, Impacting ‘Every Corner’ of the Community, Stars And Stripes (Jan. 6, 2021), https://www.stripes.com/news/us/ sweeping-veterans-bill-becomes-law-impacting-every-corner-of-the-community-1.657643. 273 See generally H.R. 7105 supra note 224. 274 Nikki Wentling, supra note 272. 275 116 H.R. § 6395 (2020); Pub. L. 116-283 (2021). 276 See generally id. 277 Id. §§ 548, 735, 763-764, 9101-9109 (2021).
VETERANS TASK FORCE REPORT
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FOR MORE INFORMATION Carl Rauscher
Director of Communications and Media Relations
Legal Services Corporation
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Legal Services Corporation 3333 K Street, NW Washington, DC 20007 www.lsc.gov facebook.com/LegalServicesCorporation twitter.com/LSCtweets
Exhibit F
Exhibit G
Cat Clopton Texas Tech University School of Law Candidate for Doctor of Jurisprudence, 2023 Texas Appleseed
Cat Clopton ATJIP Reflection Essay Summer 2022 This summer I had the pleasure of working with Texas Appleseed in Austin. I worked in the Fair Financial Services Project. I anticipated that I would not enjoy this work as I do not have much interest in the financial world, but I could not have been more wrong. I had an absolutely amazing time in this program. I learned about cryptocurrency and how Texas wants to be the new frontier for it. I learned about how payday and title loan companies operate, and the work Texas Appleseed has done to make that industry less abusive to people in poverty. I learned about data brokers and what states are doing to regulate them. I was worried about not feeling fulfilled by work that was not direct-to-client. I like being able to talk with clients and be able to fulfill their needs and see that process work out. This work, however, ended up being fulfilling in another way. I felt like the work I was doing was going to have widespread effect and mean something for thousands of people across the state. Texas Appleseed is constantly sending employees to the capitol to discuss policy and fight for those that do not have the resources to advocate directly for themselves. They have impacted legislation almost every session since the organization began and I am so glad that I got to be a part of this process. My two biggest projects were writing a memo about data broker legislation nationwide and the other was writing a written testimony for my supervisor to use at a hearing in front of the Blockchain Working Group at the capitol. Learning about both topics was eye-opening. I had no idea that there were so many consumer protection issues present within these areas but upon learning that there were thousands of people negatively affected by data brokers and abuses by holders of cryptocurrency, I became enthralled. Data brokers are a hidden piece of our world that monetize every piece of information about us on the internet. They sell our information and violate our privacy in ways we do not see. My research
about this was centered around how to hold data brokers accountable for the information they are collecting about people and selling to third parties. If people’s information, their private details and interests, are being used in a certain way, they have the right to know about it and be able to contest its collection and sale. As data broker regulation is an emerging topic, my supervisor wanted to know about how other states have worked to protect consumers so she could inform Texas legislators of the actions they can take to do the same here. She will be working this session on educating legislators and bringing together activists to make these changes to help those most vulnerable to the harm done by data brokers. We talked about the dangers of allowing anyone to buy another person’s information. This includes the potential for abusers to get a hold of the information to find and revictimize their victims and opportunities for employers and the like to find past expunged criminal convictions and dismissed charges, limiting the ability for them to find a job. We worked on making these points apparent with research to back it up to convince legislators to make changes to protect people and their private information. The biggest project I worked on this summer by far, however, was my written testimony about cryptocurrency. I spent almost two months learning everything there is to know about cryptocurrency and the dangers it poses to those engaging with the crypto-system, especially those with few financial resources and with little financial literacy. I wrote the testimony that my supervisor used for the last Blockchain Work Group meeting August 19 th. We hope that the research done will communicate to the work group members that cryptocurrency should be properly evaluated instead of taken at face value. There is much instability in that market that can and has ruined people’s lives financially. Another focus of the project I was working within is with reforming the payday and title loan industry, an industry notorious for its negative impact on low-income families and communities. I had no experience with these companies before this summer. Every summer, my supervisor has her
fellows go to different payday and title loan stores across Austin to see how they are complying with local and state laws. I was shocked by the number of establishments that boldly skirted around the law by not providing their clients with the required disclosures. I helped compile a list of the infractions I saw while I went to these establishments and wrote a complaint to the Texas Office of Consumer Credit Commissioner about how they should be remedied. It was a small step but making these problems apparent is essential to consumers being adequately protected. This summer, I also attended many different conferences and observed other projects within the organization. One of my colleagues this summer was conducting a study to determine how people respond to and understand the documents they receive when debt collection companies sue them. They had people from all kinds of backgrounds and life experiences come in and answer questions about what the documents were saying and how the documents made them feel. Watching this process was fascinating. I feel that I as someone with legal background take it for granted that I can work through and understand these needlessly complicated documents and that the people who are most prone to receiving them often have no clue what they are saying. This process made me even more keen on representing low-income individuals and those with limited experience with the legal and financial fields in the future, so they do not get taken advantage of by big companies and banks. I came into this summer with a vague idea of what I would do post-graduation. Now, after having this experience, I have fully cemented the aspirations for my career: I want and need to do public interest work. There are so few people and organizations that are there to protect people in poverty and other minoritized groups compared to those that exploit them. I want to be part of the solution to this problem, to make it more difficult for this exploitation to occur and for people to be shielded from harm. Without public interest work, the world would be much scarier than it is now. Because of the work done by public interest advocates, in most cases, people are rightfully and deservedly treated with greater deference than money and other property.
Cat Clopton Texas Tech University School of Law Candidate for Doctor of Jurisprudence, 2023 Texas Appleseed Cat Clopton ATJIP Reflection Essay Summer 2022 This summer I had the pleasure of working with Texas Appleseed in Austin. I worked in the Fair Financial Services Project. I anticipated that I would not enjoy this work as I do not have much interest in the financial world, but I could not have been more wrong. I had an absolutely amazing time in this program. I learned about cryptocurrency and how Texas wants to be the new frontier for it. I learned about how payday and title loan companies operate, and the work Texas Appleseed has done to make that industry less abusive to people in poverty. I learned about data brokers and what states are doing to regulate them. I was worried about not feeling fulfilled by work that was not direct-to-client. I like being able to talk with clients and be able to fulfill their needs and see that process work out. This work, however, ended up being fulfilling in another way. I felt like the work I was doing was going to have widespread effect and mean something for thousands of people across the state. Texas Appleseed is constantly sending employees to the capitol to discuss policy and fight for those that do not have the resources to advocate directly for themselves. They have impacted legislation almost every session since the organization began and I am so glad that I got to be a part of this process. My two biggest projects were writing a memo about data broker legislation nationwide and the other was writing a written testimony for my supervisor to use at a hearing in front of the Blockchain Working Group at the capitol. Learning about both topics was eye-opening. I had no idea that there were so many consumer protection issues present within these areas but upon learning that there were thousands of people negatively affected by data brokers and abuses by holders of cryptocurrency, I became enthralled. Data brokers are a hidden piece of our world that monetize every piece of information about us on the internet. They sell our information and violate our privacy in ways we do not see. My research
about this was centered around how to hold data brokers accountable for the information they are collecting about people and selling to third parties. If people’s information, their private details and interests, are being used in a certain way, they have the right to know about it and be able to contest its collection and sale. As data broker regulation is an emerging topic, my supervisor wanted to know about how other states have worked to protect consumers so she could inform Texas legislators of the actions they can take to do the same here. She will be working this session on educating legislators and bringing together activists to make these changes to help those most vulnerable to the harm done by data brokers. We talked about the dangers of allowing anyone to buy another person’s information. This includes the potential for abusers to get a hold of the information to find and revictimize their victims and opportunities for employers and the like to find past expunged criminal convictions and dismissed charges, limiting the ability for them to find a job. We worked on making these points apparent with research to back it up to convince legislators to make changes to protect people and their private information. The biggest project I worked on this summer by far, however, was my written testimony about cryptocurrency. I spent almost two months learning everything there is to know about cryptocurrency and the dangers it poses to those engaging with the crypto-system, especially those with few financial resources and with little financial literacy. I wrote the testimony that my supervisor used for the last Blockchain Work Group meeting August 19 th. We hope that the research done will communicate to the work group members that cryptocurrency should be properly evaluated instead of taken at face value. There is much instability in that market that can and has ruined people’s lives financially. Another focus of the project I was working within is with reforming the payday and title loan industry, an industry notorious for its negative impact on low-income families and communities. I had no experience with these companies before this summer. Every summer, my supervisor has her
fellows go to different payday and title loan stores across Austin to see how they are complying with local and state laws. I was shocked by the number of establishments that boldly skirted around the law by not providing their clients with the required disclosures. I helped compile a list of the infractions I saw while I went to these establishments and wrote a complaint to the Texas Office of Consumer Credit Commissioner about how they should be remedied. It was a small step but making these problems apparent is essential to consumers being adequately protected. This summer, I also attended many different conferences and observed other projects within the organization. One of my colleagues this summer was conducting a study to determine how people respond to and understand the documents they receive when debt collection companies sue them. They had people from all kinds of backgrounds and life experiences come in and answer questions about what the documents were saying and how the documents made them feel. Watching this process was fascinating. I feel that I as someone with legal background take it for granted that I can work through and understand these needlessly complicated documents and that the people who are most prone to receiving them often have no clue what they are saying. This process made me even more keen on representing low-income individuals and those with limited experience with the legal and financial fields in the future, so they do not get taken advantage of by big companies and banks. I came into this summer with a vague idea of what I would do post-graduation. Now, after having this experience, I have fully cemented the aspirations for my career: I want and need to do public interest work. There are so few people and organizations that are there to protect people in poverty and other minoritized groups compared to those that exploit them. I want to be part of the solution to this problem, to make it more difficult for this exploitation to occur and for people to be shielded from harm. Without public interest work, the world would be much scarier than it is now. Because of the work done by public interest advocates, in most cases, people are rightfully and deservedly treated with greater deference than money and other property.
Sean Tierney September 6, 2022 Access to Justice Internship Program Essay Throughout my four-month internship with Disability Rights Texas I worked on ten separate issues related to special education law. The issues ranged from TEA complaints centered on behavior issues, evaluation timelines, admission review and dismissal meetings, proper remedies for violations, child find, absences, and many more. Within these ten cases I helped draft complaints to the Texas Education Agency on two occasions. This process helped me hone my writing and research skills while simultaneously coming to a better understanding of the legal process in education law. On three other issues I helped draft advice letters to clients regarding their concerns about their children and the schools they were working with. These advice letters required numerous hours of research and the ability to adapt legal writing to be more reader friendly to those not trained in the legal arts. In one instance I helped edit and research new handouts for Disability Rights Texas regarding students with disabilities who are also English language learners. Throughout this process we worked, and reworked, what went into the handouts so as to provide a necessary and concise document for students, parents, teachers, and schools. This handout sought to help clients better understand their rights and the aids available to them. The first issue I worked on was a behavior and suspension issue. Specifically, I had to advocate for my client regarding their schools handling of their manifestation determination review meetings. A student with a disability has the right to a manifestation determination review meeting if the school is proposing disciplinary measures that will result in a change of placement for that child. Schools must follow specific guidelines when conducting manifestation
determination review meetings such as providing proper documentation of the events that led up to the proposed change in placement. Failing to follow these guidelines may result in denying the student their Free and Appropriate Public Education. My first task on this issue was combing through all the documentation the school provided of the events leading up to the manifestation determination review meeting. This was an essential component of the case, not only to get a clear understanding of the case and issue, but to also lay out the framework for the argument against the school. This was also one of the more difficult assignments throughout my internship because it involved tracking down documents from numerous people and through multiple separate databases. Furthermore, it was imperative that I look through every single document I found for the chance that there might be something new or something we missed. Unfortunately, I often received or found documents that we already had, but nonetheless had to comb through them because of the possibility of minor changes caused by the different providers of the source. This was a tedious and exhausting task that often felt like moving through quicksand. However, the results were worth the effort as it helped form a clear timeline of the events and provided a framework for the legal argument. This process also introduced me to the new research databases I would use throughout my internship. Special education connection and Pacer provided me with countless cases and references. These cites helped me form my arguments. In addition to being my first assignment, it also provided me my first moral dilemma as a special education lawyer. Before going to law school, I worked as a high school teacher in San Antonio. As a teacher, I know that it is often extremely difficult to keep up with all the legal responsibilities while still providing the necessary energy and time to offer a proper education. Furthermore, I understand that in some cases, although it is the students right, it may not be the
best scenario for the student, class, and teacher, for the student to return to the classroom. There are many extenuating issues that are unresolved by the legal process. This first case gave me the dilemma of having to advocate for the clients interest while simultaneously grappling with the thought that it might not actually be in the best interest of the client, but is nonetheless their legal right. The second half of my first task required me to draft a formal complaint to the Texas Education Agency on behalf of our client. This was the first time in my legal career where I would take the lead on a formal complaint on a client’s behalf. I was both nervous and excited. Luckily, I had some great supervisors that provided me with support, feedback, and exemplars throughout the process. Their support was vital to my success and very appreciated. I’m very happy to have received feedback on my legal writing as I believe it is one of the weaker aspects of my practice. The next issue I worked on was a client advice letter designed to provide the client with information regarding their concerns and the extent of the support Disability Rights Texas could provide. This was an interesting issue, not only for the special education law that I had to research, but also because it was an advice letter designed for a client that we could no longer provide services for. Essentially, there was no legal violation that Disability Rights Texas could advocate for on behalf of the client, and whatever other options were available to the client were beyond the ability and resources of Disability Rights Texas at the time. Nonetheless, the parents and student wanted to move forward with legal actions, understand the entirety of the case, and the options available to them. In this respect, we were able to provide the client with an in-depth description of the law surrounding their case and special education law generally. The writing of this advice letter was particularly interesting
because it required a lot of legal research that needed to be adapted for the client to understand, but still maintained a more formal writing style because we wanted to provide the client with as much information as possible. I greatly enjoyed my time working with Disability Rights Texas. The people I worked with and the cases I worked on have only strengthened my resolve to work in the public interest. I am grateful for the mentors that helped me throughout this internship. Their insight in the field of special education law and beyond has been truly helpful in understanding what I wish to do with my legal career. They have brought to my attention numerous issues in education that I did not know about before. Including disproportionality of students with disabilities recommended for suspension and expulsion, the effect of gun laws in school, and the necessity of school finding and evaluating students with disabilities. I am also grateful to Access to Justice Internship Program for providing me with the resources needed to work with Disability Rights Texas.
Exhibit H
Legal Aid in Texas Increased funding gives more Texans an opportunity for justice under the law. •
The American Bar Association calls on Congress to fund LSC robustly. Without access to the legal services funded by LSC, low-income Texans would not be able to resolve serious legal issues that affect their lives and economic stability.
•
Total Legal Services Corporation appropriations in Fiscal Year 2022: $489 million; Texas funding from this total = approximately $38.9 million
•
There is widespread, bipartisan support for LSC because civil legal aid is an essential service that ensures fairness for everyone in our justice system.
All Texans deserve fair and equitable access to our justice system. •
Many Texans need help with critical civil legal issues, including: domestic abuse survivors and their children, elderly Texans wrongly denied life-sustaining prescriptions, veterans denied critical benefits, and families who have lost their homes.
•
Legal Services Corporation programs in Texas helped more than 62,300 Texas families in 2020. 1 These programs resolved legal issues for more than 150,000 Texans. 2 Each of the three legal aid providers in Texas that receive LSC funding serve a geographic area the size of Oregon.
•
Only those who are truly struggling qualify for civil legal aid. An individual must earn $16,988 per year or less to qualify. A family of four must earn $34,688 per year or less. 3 Many Texans found themselves newly in poverty as a direct result of the public health crisis.
Yet, Texas legal aid still struggles to meet the demand. •
Texas ranks 44th in access to civil legal aid lawyers, according to the National Center for Access to Justice. 4 There is approximately one LSC-funded program lawyer for every 12,200 low-income Texans who qualify for civil legal aid.
•
Approximately 5.4 million people qualify for legal aid in Texas at 125% of the federal poverty guidelines, which is 18% of the total state population. 5
•
Due to lack of resources, less than 10 percent of the civil legal needs of low-income Texans are being met. 6
•
As a result of traditional revenue sources for legal aid in Texas, namely IOLTA, dropping to historic lows in 2008 and again in 2020, and the number of Texans eligible for critical legal services continuing to climb because of the pandemic, the need for legal aid help is greater now than ever before.
•
Texas lawyers are doing their part. They provide over 2.42 million hours in free legal services and 1.74 million hours in reduced fee legal services to low-income Texans. 7 Additionally, attorneys give millions of dollars in private donations at state and local levels each year. Please support justice for all by funding civil legal aid in Texas. “Access to justice for all is a righteous cause. It is humanitarian, it is good for the economy, and most importantly, it is essential to the integrity of the rule of law.” —Chief Justice Nathan Hecht, Supreme Court of Texas
1 2020 LSC-Funded Program Data (LANWT, LSLA, TRLA)
2 This information comes from the LSC website: https://www.lsc.gov/grants-grantee-resources/our-grantees/texas-state-profile 3 Dept. of Health and Human Services, Federal Register Notice, January 2022 4 National Center for Access to Justice, Justice Index,
https://ncaj.org/state-rankings/2020/attorney-access
5 U.S. Census Bureau, American Community Survey, 2019 6 Texas Access to Justice Foundation
7 State Bar of Texas Pro Bono Survey, 2019
Yourr supportt meanss so much! Civil legal aid is a central pillar of our country’s foundational principůĞ of equal access to justice. LSC programs help:
LSC C Civill Legall Aidd 2021 NeedsABA Your DAYS Help
2021 ABA Days
• people access basic necessities; • ensure safety and stability for all Texans; and • support economic security.
2022 ABA Days
CS PRESENATION ivill Legall Aidd Needss Yourr Help
Civil Legall Aidd Needss Yourr Help
Legal Aid in Texas
Currently, 5.4 million Texans qualify for legal aid.
Due to a lack of resources, less than 10 percent of low-income Texans’ civil legal needs are being met. With adequate funding, legal aid can help more Texans.
ID? ncreasee Funding LSC is currently funded at $489 million , of which $38.9 million is dedicated to Texas legal aid programs.
Servingg Texans Civil legal issues are often emergency legal issues. They include:
1
• spouses and children of domestic abuse;
Serving Texans
…Legal Aid Numbers
• elder abuse and elderly wrongly denied life-sustaining prescriptions; • veterans denied medical care, disability and other benefits; • families who have lost their homes.
Servingg Texans
Servingg Texans
Servingg Texans Total Cases Closed by Year
LSC Program Restrictions:
Income eligibility for legal aid: Single person household $16,988/year or $1,416/month
Family of four household $34,688/year or $2,891/month
Client Gender
• Class actions
• Welfare reform
• Lobbying
• Redistricting
• Prisoners
• Undocumented immigrants
55%
Men 25%
• Drug-related evictions
Women 75%
(*125% of Federal Poverty Guidelines)
Serving Texans
Servingg Texans Cases involving
Seniors Cases involving
Veterans Cases involving
Domestic Violence
27,133 10,365 47,713
INTERACTIVE MAP www.texasatj.org/2022ABADaysMaps
Attorneyss Workingg Together
2020 cases closed for families by LSC-funded programs
*Clients & household members
Types of Cases Handled
Special Populations Served*
Attorneyss Workingg Together Pro bono is an integral part of service delivery for LSC-grantees. In a recent Pro Bono Survey, Texas attorneys donated: 2.48 million hours in free legal services, and 1.74 million hours in reduced fee legal services to the poor.
People in Households Served Adults 55%
Resolutionn – Conferencee off Chieff Justices About half of “…the American population confront at least one civil justice problem a year… Left unresolved… “consequences can be homelessness, poverty, illness, injury, or the separation of families…”
In Thee News
Total 154,767
45%
Children 45%
Elevatee Texass – Rankedd 44th
PRESENATION ISncrease e Fundingg andd Capacity
There is 1 LSC legal aid lawyer for every 12,200 working Texans who qualify for civil legal aid.
1,000
1,000
1,000
1,000
1,000
1,000
Office: O Office ffice fice fic ice ic cee:: 512-427-1862 ce 512 51 5 12 1 122-4 42 427 27 2 7-1862 862 86 62 2|C Cell: Ce el elll: ell ell: lll: 5 512-750-9904 12 1 2-750 750--9904 99 904 4
Trish McAllister, Executive Director TMcAllister@texasatj.org
LSC’s budget request for FY 23 is $1.26 billion. Please robustly fund civil legal aid.
Betty Balli Torres, Executive Director BBTorres@teajf.org
Workingg Texans thank YOU.
www.texasatj.org www.teajf.org
1,000
Increase access to the courts
Enhance quality of legal services
Elevate access to justice in Texas
Trish: Cell 512-750-9904 Betty: 512-320-0099, Ext. 105
Exhibit I
Report to the Supreme Court Advisory Committee (SCAC) On Proposed Revisions to Texas Rule of Civil Procedure Regarding Remote Proceedings Submitted on Behalf of the Texas Access to Justice Commission August 15, 2022 I. INTRODUCTION The Supreme Court of Texas Liaison to the Texas Access to Justice Commission (“the Commission”), Justice Brett Busby, has requested that SCAC be provided feedback from an access to justice perspective on its latest proposals concerning remote proceedings rules for JP courts. A group comprised of the Chair of the Rules Committee, Lisa Hobbs, and Judge Nicholas Chu, Judge Roy Ferguson, 1 Kennon Wooten, Trish McAllister, Cathryn Ibarra, Briana Stone, and Harriet Miers reviewed the proposals concerning JP courts rules before SCAC. This report recommends changes to the current draft rules under SCAC’s consideration. Specifically, the Report provides feedback on what constitutes “good cause,” particularly when poor and unrepresented parties are involved in a proceeding, and what tools can be used to adequately advise poor and unrepresented litigants about how to participate in remote proceedings effectively. The Report ends with important information about how remote proceedings can improve access to justice for poor and unrepresented parties and includes an appendix of relevant materials. By way of background, the Supreme Court of Texas established the Texas Access to Justice Commission in 2001 to serve as the statewide umbrella organization for all efforts to expand access to justice in civil legal matters for the poor. It is the Commission’s role to assess national and statewide trends on access to justice issues facing the poor, and to develop initiatives that increase access and reduce barriers to accessing the justice system. 2 The Commission appreciates greatly the many ways the Supreme Court of Texas, the State Bar of Texas, and the lawyers of 1
A letter from Judge Ferguson outlining his experiences, including anecdotes, is included as Attachment D. Supreme Court of Texas Misc. Docket 01-9065, Order Establishing the Texas Access to Justice Commission, April 26, 2001.
2
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Texas have embraced the work of the Commission and the need to increase access to justice in our State for those Texans among us who have unmet and many time dire legal needs. The Commission, with the assistance of its members and its committees, helps identify access to justice issues for low-income Texans that may be resolved by new or modified rules, legislation, policies, and procedures. The Commission is deeply grateful for SCAC’s thoughtful approach to addressing remote proceedings, which are a critical component to achieving access to justice in Texas courts. The Commission also is grateful for SCAC’s willingness to review the submitted suggestions as it works to address these proceedings under Texas Rules of Civil Procedure 500.2(g) and 500.10, and then integrates those comments into the district and county rules. Full Commission approval of the suggestions will be sought at the next meeting of the Access to Justice Commission on August 29, 2022. Across the United States, as is well-known, courts and judges have faced great challenges presented by the Covid Pandemic. Many courts and judges have seized this opportunity to open new pathways for litigants to resolve their legal issues, including greatly increased use of remote proceedings. As early as June 2020, lasting changes to our judicial system were evident. Bridget Mary McCormack, Chief Justice of the Michigan Supreme Court, noted to a congressional subcommittee that “in three months, [the courts] have changed more than in the past three decades.” 3 Texas Chief Justice Nathan Hecht has suggested that with the expansion of remote court proceedings, “the American justice system will never be the same.” 4 Chief Justice has emphasized: “We should heed this summons to bring the justice system into the 21st century adhering firmly to our ancient values and answering to the demands of our changing culture for more accessibility while deepening our own dedication to justice for all.” In fact, the advent of remote hearings has been an enormous leap forward in access to justice, especially in cases involving self-represented litigants (SRLs) and lowincome Texans who cannot afford an attorney. Parties increased participation in 3
Federal Courts During the Covid-19 Pandemic: Best Practices, Opportunities for Innovation, and Lessons for the Future: Hearing Before the Subcomm. on Cts., Intell. Prop., & the Internet of the H. Comm. on the Judiciary, 116th Cong. 1 (2020) (testimony of Bridget M. McCormack, Chief Justice, Michigan Supreme Court). 4 Meera Gajjar, “The American Justice System Will Never Be the Same,” Says Texas Supreme Court Chief Justice Nathan Hecht, THOMSON REUTERS (Apr. 24, 2020), https://www.thomsonreuters.com/enus/posts/government/texas-supreme-court-chief-justice-nathan-hecht/ [https://perma.cc/69JS-AG79] (interviewing Nathan Hecht, chief justice, Supreme Court of Texas).
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proceedings that are held remotely has demonstrated that past assumptions on lack of litigant participation in certain case types is just wrong. It is not due to apathy or indifference, but rather the lack of the patron’s ability to access the physical courthouse. In December 2021, the National Center for State Courts (NCSC) released a report based on Texas data that supports how effective remote hearings have been. 5 (See Section IV. Remote Proceedings Can Improve Access to Justice.) The study found that although remote hearings tend to take longer, they increase access to justice and ultimately help more people. Some people who have historically been unable to participate in the traditional, in-person legal process are now actively participating in remote proceedings because the remote hearings are easier to attend. Remote hearings have also led to the reduction of stubbornly high default rates in case types commonly involving low-income persons, such as evictions and debt collection. While technology problems and a lack of litigant preparation were cited in the NCSC report as reasons for longer hearings, these issues can be mitigated by creative solutions, such as, tech kiosks, and providing litigants with plain-language information and instructions on how to prepare for and participate in remote proceedings. As has been learned, under the appropriate circumstances, and with the necessary protections and supports in place, remote proceedings can significantly advance access to justice in Texas. As the Supreme Court of Texas considers how to implement remote proceedings on a permanent basis, it is important for the Court to consider the barriers to both in-person hearings, such as employment and caregiving constraints, and remote hearings, such as access to technology, and to do its best to resolve them by creating a justice system that, as a whole, is more responsive to the typical needs and lived experiences of Texans. II. RECOMMENDATIONS FOR PROPOSED RULE The Committee reviewed the proposed drafts of TRCP 500.2 (g) and 500.10 presented to SCAC on March 25, 2022, and May 27, 2022, for access to justice implications. Our recommendations are solely focused on 500.10 (b) and the accompanying comment. The Committee edited the May 27, 2022 draft to make its recommendations. A clean copy of the Committee’s recommendations can be 5
National Center for State Courts. The Use of Remote Hearings in Texas State Courts: The Impact on Judicial Workload, December 2021. https://www.ncsc.org/newsroom/public-health-emergency/texas-remote-hearings
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referenced in Attachment A. A redline version can be found in Attachment B. A summary of the proposed changes follows: TRCP 500.10 (b) Request to Appear by Alternate Means Draft Discussed by SCAC: (b) Request to Appear by Alternate Means. A party may file a request for a participant to appear at a court proceeding in a manner other than the manner allowed or required by the court. The request must be filed within a reasonable time after a party identifies the need for the request. The court must rule on the request and timely communicate the ruling to the parties, but it is not required to hold a hearing before ruling. The court must grant the request unless it finds there is good cause not to grant. Such good cause must be documented in the ruling denying the request. The Committee’s ’s Recommendations: (b) Request to Appear by Alternate Means. A party may request for a participant to appear at a court proceeding in a manner other than the manner allowed or required by the court. The request must be made within a reasonable time after a party identifies the need for the request. The court must rule on the request and timely communicate the ruling to the parties, but it is not required to hold a hearing before ruling. The court should grant the request unless it finds there is good cause not to grant. Such good cause must be documented in the ruling denying the request. The Committee recommends removing the references to filing a request because judges and courts receive requests via email and other means of communication, not just through official “filing”. The Committee believed that the court should grant the request unless it finds there is good cause to deny the request, which allows for greater judicial discretion in determining the best course of action in the particular situation. We also did not want to reduce judicial efficiency by including a mandate that might prompt some judges to try to exhaust consideration of the good cause factors set forth in the comment before deciding how to proceed with a request. Comment to 2022 Change Draft Discussed by SCAC: Comment to 2022 Change: New Rule 500.10 clarifies procedures for appearances at court proceedings. Subpart (b) references good cause not to grant a request to appear by alternate means. When evaluating the 4|Page
request, the court should consider factors including, but not limited to, the following: (1) whether a person who is the subject of the request may be unable to appear remotely due to a lack of access to the needed technology or a lack of proficiency in technology that would prevent meaningful participation in the proceeding; (2) whether in-person participation could compromise one’s health or safety; (3) whether the court can provide language access services for a person with limited English proficiency through the manner of appearance requested; and (4) whether the court can provide a reasonable accommodation for a person with a disability to participate in the proceeding, in the particular manner requested. When a party files a request for participation in a particular manner, the party should explain the reasons for the request. Subpart (c) requires the court’s contact information to be in a notice of a court proceeding. A participant in a court proceeding should be able to use that information to receive a reasonably timely response to any issues concerning participating remotely or by being physically present in the courtroom. The Committee’s Recommendations: Comment to 2022 Change: New Rule 500.10 clarifies procedures for appearances at court proceedings. When evaluating a request under Subpart (b), the court should consider relevant factors, such as: (1) the court’s capability to conduct a hybrid hearing; (2) the complexity of the case, including number of witnesses; (3) the financial burden associated with the method of appearance, such as litigation costs or potential risk of loss of employment; (4) representation by a pro bono or legal aid lawyer; (5) scheduling conflicts; (6) the inability to appear remotely due to a lack of technological access or proficiency; (7) the ability to submit or view evidence; (8) health or safety risks; (9) the need of language access services; (10) the court’s ability to provide a reasonable accommodation for a person with a disability; (11) the ability to travel to the courthouse; and (12) caretaking responsibilities. When a party files a request for participation in a particular manner, the party should explain the reasons for the request. Subpart (c) requires the court’s contact information to be in a notice of a court proceeding. A participant in a court proceeding should be able to use that information to receive a reasonably timely response to any issues concerning participating remotely or by being physically present in the courtroom. 1. Good Cause: A court should consider several factors in determining whether good cause exists to deny a remote or hybrid hearing request and that those listed in the comment are not meant to be comprehensive or a de facto test 5|Page
that a judge must apply or weigh when making the determination. We also propose adding some common factors that impact remote hearings and using plain language to make the list clearer and more usable by the public, who undoubtedly will need to reference the rule. For example, instead of using “…. the court should consider factors, including but not limited to, the following:” we suggest using “…. the court should consider relevant factors, such as.…” to use fewer words and clauses and read more like a layperson speaks. 2. (1) the court’s capability to conduct a hybrid hearing: In a hybrid hearing, fairly balancing the needs of in-person litigants and court participants with parties participating remotely presents unique challenges and opportunities. It is important to ensure that everyone can hear, be heard, and have access to whatever evidence is being used. Different courts have different abilities to implement hybrid hearings. In the urban areas, there is strong, plentiful internet and most courts already have the appropriate technology and AV systems needed to effectively hold hybrid hearings. However, in some rural areas, a judge may lack the same infrastructure. Their courts may not be equipped with AV, screens, mics, and the like, due to budget constraints or lack of facilities. Staff should also be available to address questions or issues that arise before and during the hearing. 3. (2) the complexity of the case, including number of witnesses Developing guidelines to determine which types of hearings should be inperson or remote would encourage uniformity and consistency. More complicated matters may not lend themselves to remote technology and may be more efficient when conducted in-person. The needs of litigants should also be considered when determining the form of a hearing. For example, there may be instances where community witnesses or family support can only be available virtually. 4. (3) the financial burden associated with the method of appearance, such as litigation costs or potential risk of loss of employment Virtual hearings eliminate historic barriers, such as driving several hours to get to the courthouse or the need to take time off from work when you need the 6|Page
money to make ends meet or might get fired for doing so. They are particularly helpful for low- and moderate-means clients, who may have less flexible job schedules, or no paid leave to take care of legal and personal issues. 5. (4) representation by a pro bono or legal aid lawyer Texas ranks 44th in access to civil legal aid lawyers, according to the National Center for Access to Justice. 6 There is approximately one Legal Services Corporation funded program lawyer for every 12,200 low-income Texans who qualify for civil legal aid. There are many Texas counties that do not have a legal aid office or even a lawyer living in them. Remote proceedings allow legal aid and pro bono organizations to serve previously underserved parts of the state and to handle more cases more efficiently because they are not driving all over the state to get to hearings. 6. (5) scheduling conflicts Court efficiency increases when courts can schedule hearings in a more timecertain window while also considering litigant participation. Virtual dockets allow judges to preside in multiple counties in a single day if needed, lawyers to represent clients across the state, and are less disruptive to litigants’ daily lives. 7. (6) the inability to appear remotely due to a lack of technological access or proficiency Across the nation, a persistent socioeconomic digital divide exists that affects a person’s ability to afford technology and their ability to access technology, such as living in or near a dead zone. Courts have overcome this by providing easily accessible technology for litigant use and planning for real-time glitches that occur during hearings. Some courts use “technology bailiffs” who help better prepare participants in advance of their remote proceeding and address tech problems that arise during the hearing. Access to broadband internet service has become a vital tool for staying connected in the digital era, particularly in the recent years of navigating COVID-19. However, we know that some court participants, particularly self6
National Center for Access to Justice, Justice Index, https://ncaj.org/state-rankings/2020/attorney-access
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represented litigants, face technological barriers to access when participating in remote hearings. 7 Courts are finding creative ways to address these gaps in technology. Some are establishing courthouse kiosks or physical rooms that are free to use and are prepared with the equipment needed to participate in online court hearings. Others are partnering with public libraries and legal aid providers to establish similar kiosks or rooms for use in remote hearings that may be more accessible. Some courthouses also offer free guest Wi-Fi. 8. (7) the ability to submit or view evidence One of the challenges for virtual hearings is related to managing evidence — sharing and accessing documents and multimedia files, organizing evidence, and being able to access it when needed during a hearing. On a NSCS Tiny Chat, Judge Emily Miskel stated that self-represented litigants are starting to sign up for our electronic filing system in Texas. 8 Before the pandemic, SRLs did not use a lot of evidence when they participated in hearings because everything was on their cell phones and not in a format that could be given to the court reporter, saved, and preserved. When Texas switched to holding remote hearings, evidence was electronically submitted a day or more before the hearing. Participants were more easily able to digitally submit the evidence stored on their phones by email and Judge Miskel started seeing an uptick in evidence submitted by SRLs. Judge Miskel also noted that initially there was a concern that using this remote technology would interfere with unsophisticated users’ ability to access courts, but in many cases, SRLs are more comfortable with adopting this technology than with going to a courtroom. 7
SRLN Brief: Addressing Remote Hearing Access and Digital Divide for SRLs (2020). https://www.srln.org/node/1431/srln-brief-addressing-remote-hearing-access-and-digital-divide-srls-srln-2020. As courts moved to remote access, issues have emerged for SRLs, including but not limited to the following: lack of tech support, lack of devices, limited data and phone minutes, spotty internet access, slow internet speeds, confusion over the interface and application, lack of technical requirements to download or operate application, lack of notice because of issues on either the court or SRL side (email trapped in spam, SRL lacks email, court fails to send notice, court has not confirmed email, 3rd party access to email results in deletion, email account fails, ISP down, email hacked), excessive wait times in zoom waiting rooms, burning minutes/data and possibly exceeds a person's availability, inability to submit evidence, and lack of courtroom assistance. 8 National Center for State Courts. Tiny Chats 90: Virtual Hearings in Mexico and Texas. https://vimeo.com/showcase/8536177/video/714568190 (Interviewing Judge Emily Miskel and Dr. Laurence Pantin on how courts responded to the pandemic and the adoption of courtroom technology).
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Courts should consider guidelines for submission of evidence, especially in justice courts when the rules of evidence do not apply, including when evidence should be submitted, what to do when a party has evidence but is not able to digitally submit it, or what to do when a person can only participate by phone and is unable to view evidence that has been submitted but a person is unable to view it. It is a good idea for courts to offer live and digital on-demand technology training sessions to all participants so they may familiarize themselves with the technology before the hearing. 9. (8) health or safety risks The COVID-19 pandemic raised our awareness of the impact of in-person proceedings on the health of immunocompromised or vulnerable court participants. Health considerations and the physical safety of participants should always be a consideration in determining when to hold a remote proceeding. 10. (9) the need for language access services Just as remote technology has expanded access to justice for many Texans since March 2020, it also holds the potential to advance language access in our courts. With the right equipment and thoughtful implementation of existing law and best practices, many courts have easier, more cost-effective access to qualified interpreters than ever before. LEP litigants, particularly self-represented who may be less familiar with remote technology, may encounter challenges using the interpreter features on virtual platforms, so courts should make sure to provide plain language instructions for LEP individuals on how to use those features. Courts must also ensure that their protocols contemplate the needs of LEP litigants and that their staff is trained and prepared to assist LEP litigants if necessary. 9
For guidance on best practices for language access in remote proceedings, see Best Practices for Courts in Zoom Hearings Involving Self Represented Litigant Appendix B & C. https://www.txcourts.gov/media/1449639/1-best-practices-for-courts-in-zoomhearingsplusaccessibilitypluslanguage-access-final.pdf 9
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11. (10) the court’s ability to provide a reasonable accommodation for a person with a disability Ensuring accessibility for persons with disabilities is essential for creating an inclusive justice system operating remotely. Remote technology is not appropriate for people who are unable to use it and can even affect a person’s physical health by causing dizziness, nausea, and other issues. On the other hand, some persons with disabilities may be more comfortable using their own technology at home, increasing their ability to actively and effectively participate. At a minimum, remote technology should have critical and fundamental accessibility features like closed captioning, keyboard accessibility, automatic transcripts, and screen reader support. Remote access is also a reasonable accommodation if mobility or transportation create a barrier for a litigant with a disability. 12. (11) the ability to travel to the courthouse Texas is vast. Sometimes, the required travel distance to attend an in-person hearing in Texas can be prohibitive. Not all participants have access to a reliable mode of transportation, even if geography is not an obvious obstacle. Asking someone to walk even a few miles does not contemplate the extreme heat of Texas summers, potential road hazards, or disabilities. 13. (12) caretaking responsibilities People who have primary caretaking responsibilities, like foster parents, kinship caregivers, single guardians, are less likely to attend an in-person hearing. However, remote hearings that give precise login times are more manageable and less disruptive to these responsibilities. Finding someone to cover caretaking responsibilities for an entire day is often not financially achievable but finding someone to do so for a few hours might be. III. COURT PROVISION OF INFORMATION TO LITIGANTS The Commission supports the May 27, 2022 version of the proposed rule discussed by SCAC requiring courts to provide litigants with information on how to participate remotely or in person. 10 | P a g e
TRCP 500.10 (c) Notice. Any notice for a court proceeding must contain all information needed to participate in the proceeding, including the location of the proceeding or instructions for joining the proceeding remotely, the court’s designated contact information, and instructions for submitting evidence to be considered in the proceeding. In the event that it is helpful, the Commission has provided its Best Practices for Courts in Virtual Hearings, Best Practices for Courts in Virtual Hearings with SRLs, additional best practices for courts regarding disability accommodations and language access, and information for self-represented litigants on how to get ready for a remote hearing and how to use an interpreter in Zoom in Attachment C. A sample notice and information to attach to a citation is also included. Any information provided should be in plain language so that it’s clear and easily understood in both English and Spanish, as well as in any other language commonly spoken in the county. Courts should consider: • Developing a simple and accessible process for people to inform the court if they are unable to participate in a virtual proceeding due to a disability, lack of technology, or other reason. • Providing plain language information regarding the process and procedures involved in remote proceedings that is attached to the citation, contained in any notice of remote hearing, and easily accessible on the court’s website or in a central repository for such information. • Providing information on needed technology for litigants and witnesses to participate remotely and how to access needed technology if they do not have it. • Developing a mechanism for people to obtain information about the process and get answers to procedural questions and technical assistance to minimize the need to go to the courthouse and ask questions. The sample notice was created early in the pandemic and could use the keen eye of the SCAC to revise—and possibly other stakeholders who regularly work with low-income Texans. IV. REMOTE PROCEEDINGS CAN IMPROVE ACCESS TO JUSTICE Finally, and more generally, one of the requests from Justice Busby was whether any data exists on how remote proceedings increase access to justice. The NCSC 11 | P a g e
Texas study was the first national review of data and confirms what judges anecdotally shared about remote hearings before and during the pandemic. The 12-month study analyzed 1.25 million minutes of judicial data and focus group feedback from judges and court leaders in eight counties across Texas. 10 Their findings report the benefits remote hearings have on improving access to justice despite certain challenges. In addition, further consideration by others and experience have contributed more information and analysis supporting the value of using remote hearings to increase access to justice to low-income Texans. Types of Proceedings Vary Across Practice Areas and Courts The types of cases and hearings that work well with remote proceedings vary across practice areas and jurisdictions. Virtual dockets are utilized in Justice Courts, District Courts, and even the Texas Supreme Court. Some types of hearings, however, are more suited to remote proceedings than others, especially when considering access to justice issues. In the last two years, remote hearings have been used effectively in virtually all of the most common situations in Texas courts, including case types that may be considered sensitive. For example, remote hearings are appropriate for addressing critical needs and interests of the public, such as evictions, temporary restraining orders, child custody disputes, health care, or debt collection. These kinds of cases deal with essential aspects of life that require timely attention and frequently have other contributing access factors like personal safety concerns, emergency child custody matters, or the health of the parties or their children. Remote hearings are especially well-suited to other types of hearings, such as uncontested divorces, simple probate proceedings, and guardianships, that allow litigants to keep get on with their lives instead of being on-hold waiting for an in-person hearing. Short hearings with specific functions, like status hearings, motions, summary judgments, preliminary pretrial conferences, discovery hearings, or, provided proper notice, even default judgments, can also be efficiently conducted virtually.
10
Id.
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Increased Efficiency Increases Justice Remote proceedings have the potential to increase the overall efficiency for the justice system. Using technology for virtual hearings allows for more efficient use of resources, including physical space of courtrooms and the travel time necessary for circuit judges to move between courthouses. Texas has very dense urban centers that sometimes necessitate multiple judges sharing a courtroom. Most of our 254 counties, however, are rural. Prior to the pandemic, judges traveled between multiple courthouses for in-person proceedings that took place on limited days. As the NCSC report notes, the lack of a need for a physical courtroom provides more flexibility in scheduling hearings and enables proceedings to be held in a timelier fashion regardless of location. Beyond judicial efficiency, virtual proceedings also improve the time utilization of court reporters, interpreters, and counsel – both paid and pro bono. The ability to participate virtually makes efficient use of scarce human resources and increases the number of hearings that can be scheduled because all the participants don’t have to be in the same place physically when the hearings occur. Removal of Associated Costs Going to the courthouse takes time, costs money, and has an emotional component than can incite fear or create confusion. Virtual proceedings can eliminate many of the associated costs of in-person proceedings, such as taking time off work, the expenses associated with traveling many miles to the courthouse, paying for childcare, or compensating an attorney or expert witness for their travel expenses and time waiting for a proceeding to occur. The reduction in time and cost benefits everyone in the system, not just low-income Texans. In-person proceedings can also present both real and perceived risks. Remote proceedings can protect the physical safety of some litigants, such as victims of
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domestic violence or sexual assault. 11 They can also assuage a generalized fear of the court system itself. Remote proceedings allow more people to engage with the judicial system by reducing or removing these types of barriers. Increased Accessibility Remote access can be a significant benefit for people with disabilities by reducing traditional obstacles for participation, such as limited mobility issues or transportation to the courthouse. The Center for Disease Control reports that 26% of adults Texans have some form of disability, with 11% having a disability related to mobility. 12 According to the Legal Services Corporation, 82% of lowincome households with disabilities experienced at least one civil legal problem in the past year and 48% experienced at least five. 13 Remote hearings can also be a bridge to increased language access for persons with limited-English proficiency (LEP). Outside of the major metro areas, it can be hard to find qualified interpreters for in-person proceedings and the associated costs are often prohibitive. With remote hearings, Texas courts can use high quality video remote interpreting systems, which are especially helpful for courts with limited access to qualified interpreters and for languages other than Spanish. Procedural Justice Procedural justice occurs when people perceive that a decision process is fair, transparent, and allows them to participate in a meaningful way. Other factors include the perception that the judge was impartial, they have been treated with respect, everyone’s needs have been considered, and the outcome has been explained. When a person perceives that procedural justice has occurred, Ashley Carter and Richard Kelley “Remote Court Procedures Can Help Domestic Abuse Victims” (October 18, 2020). https://www.law360.com/articles/1315788/remote-court-procedures-can-help-domestic-abuse-victims (“Paramount is the fact that virtual hearings increase feelings of physical and emotional safety for victims because they do not have to be in the same room with their abuser.” 12 Centers for Disease Control and Prevention. 2022. Disability Impacts Texas. https://www.cdc.gov/ncbddd/disabilityandhealth/impacts/pdfs/Texas_Disability.pdf 13 Legal Services Corporation. 2022. The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans. Prepared by Mary C. Slosar, Slosar Research, LLC. 11
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they are more likely to accept the outcome of their case, comply with orders, and have a more positive view of the justice system. 14 The advent of remote hearings has allowed the public to have greater participation in the justice system, likely increasing the public’s perception that procedural justice has occurred. 15 As previously mentioned, remote hearings have lowered default rates, which is significant. A high default rate is a known indicator that there is a barrier to access to justice. When all parties participate in the legal process, it promotes just outcomes because the judge has all versions of the facts in front of them. The overall credibility of our justice system is enhanced because people feel like they can participate and engage with the process. V. CONCLUSION Remote hearings not only improve access to justice, they also improve the overall court experience for many court users, including their perception that the justice system is fair regardless of the outcome. With this comes a renewed sense of trust in the judicial system. We welcome the opportunity to discuss these issues with you further or to answer any questions that you have. Thank you for your work on this issue and for your commitment to increasing access to justice in Texas courts.
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National Center for State Courts. The Use of Remote Hearings in Texas State Courts: The Impact on Judicial Workload, December 2021. https://www.ncsc.org/newsroom/public-health-emergency/texas-remote-hearings 15 Conference of Chief Justices and Conference of State Court Administrators. Resolution 2: In Support of Remote and Virtual Hearings. Adopted as proposed by the CCJ/COSCA Access and Fairness Committee and the CCJ/COSCA Public Engagement, Trust, and Confidence Committee at the CCJ/COSCA 2021 Annual Meeting on July 28, 2021. https://www.ncsc.org/__data/assets/pdf_file/0016/67012/Resolution-2_Remote-and-VirtualHearings.pdf
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ATTACHMENT A Revised Rule Proposals for Justice Courts (Draft Date: May 22, 2022) Proposed New Rule 500.2(g) (g) “Court proceeding” is an appearance before the court, such as a hearing or a trial. [Note: Subsequent subparts or Rule 500.2 will be relettered, starting with subpart (h).] Proposed New Rule 500.10 Appearances at Court Proceedings (a) Manner of Appearance. A court may allow or require a participant to appear at a court proceeding in person—by being physically present in the courtroom—or remotely by audio, video, or other technological means, [except that a court may not require lawyers, parties, or jurors to appear remotely for a jury trial absent the consent of all parties involved in the jury trial]. A remote appearance satisfies any statutory requirement to appear in person unless the statute expressly prohibits remote appearances. (b) Request to Appear by Alternate Means. A party may request for a participant to appear at a court proceeding in a manner other than the manner allowed or required by the court. The request must be made within a reasonable time after a party identifies the need for the request. The court must rule on the request and timely communicate the ruling to the parties, but it is not required to hold a hearing before ruling. The court should grant the request unless it finds there is good cause not to grant. Such good cause must be documented in the ruling denying the request. (c) Notice. Any notice for a court proceeding must contain all information needed to participate in the proceeding, including the location of the proceeding or instructions for joining the proceeding remotely, the court’s designated contact information, and instructions for submitting evidence to be considered in the proceeding. (d) Open Courts Notice. If a court proceeding is conducted away from the court ’s usual location, the court must provide reasonable notice to the public that the proceeding will be conducted away from the court’s usual location and an opportunity for the public to observe the proceeding. Comment to 2022 Change: New Rule 500.10 clarifies procedures for appearances at court proceedings. When evaluating a request under Subpart (b), the court should consider relevant factors, such as: (1) the court’s capability to conduct a hybrid hearing; (2) the complexity of the case, including number of witnesses; (3) the financial burden associated with the method of appearance, such as litigation costs or potential risk of loss of employment; (4) representation by a pro bono or legal aid lawyer; (5) scheduling conflicts; (6) the inability to appear remotely due to a lack of technological access or proficiency; (7) the ability to submit or view evidence; (8) health or safety risks; (9) the need for language access services; (10) the court’s ability to provide a reasonable accommodation for a person with a disability; (11) the ability to travel to the courthouse; and (12) caretaking responsibilities. When a party files a request for participation in a particular manner, the party should explain the reasons for the request. Subpart (c) requires the court’s contact information to be in a notice of a court proceeding. A participant in a court proceeding should be able to use that information to receive a reasonably timely response to any issues concerning participating remotely or by being physically present in the courtroom. 1
ATTACHMENT B Revised Rule Proposals for Justice Courts (Draft Date: May 22, 2022) Proposed New Rule 500.2(g) (g) “Court proceeding” is an appearance before the court, such as a hearing or a trial. [Note: Subsequent subparts or Rule 500.2 will be relettered, starting with subpart (h).] Proposed New Rule 500.10 Appearances at Court Proceedings (a) Manner of Appearance. A court may allow or require a participant to appear at a court proceeding in person—by being physically present in the courtroom—or remotely by audio, video, or other technological means, [except that a court may not require lawyers, parties, or jurors to appear remotely for a jury trial absent the consent of all parties involved in the jury trial]. A remote appearance satisfies any statutory requirement to appear in person unless the statute expressly prohibits remote appearances. (b) Request to Appear by Alternate Means. A party may file a request for a participant to appear at a court proceeding in a manner other than the manner allowed or required by the court. The request must be filed made within a reasonable time after a party identifies the need for the request. The court must rule on the request and timely communicate the ruling to the parties, but it is not required to hold a hearing before ruling. The court should must grant the request unless it finds there is good cause not to grant. Such good cause must be documented in the ruling denying the request. (c) Notice. Any notice for a court proceeding must contain all information needed to participate in the proceeding, including the location of the proceeding or instructions for joining the proceeding remotely, the court’s designated contact information, and instructions for submitting evidence to be considered in the proceeding. (d) Open Courts Notice. If a court proceeding is conducted away from the court ’s usual location, the court must provide reasonable notice to the public that the proceeding will be conducted away from the court’s usual location and an opportunity for the public to observe the proceeding. Comment to 2022 Change: New Rule 500.10 clarifies procedures for appearances at court proceedings. When evaluating a request under Subpart (b), references good cause not to grant a request to appear by alternate means. When evaluating the request, the court should consider relevant factors, such asincluding, but not limited to, the following: (1) whether the court’s capability to conduct a hybrid hearing; (2) the complexity of the case, including number of witnesses; (3) the financial burden associated with the method of appearance, such as litigation costs or potential risk of loss of employment; (4) representation by a pro bono or legal aid lawyer; (5) scheduling conflicts; (65) the inability to appear remotely a person who is the subject of the request may be unable to appear remotely due to a lack of access to the needed technological access or y or a lack of proficiency in technology that would prevent meaningful participation in the proceeding;, (76) whether a personthe ability to who is the subject of the request 1
lacks the technology, or proficiency in use of technology, to submit or view evidence electronically; (872) whether in-person participation could compromise one’s health or safety risks; (983) the need for language access serviceswhether the court can provide language access services for a person with limited English proficiency through the manner of appearance requested; and (1094) whether the court’s ability can to provide a reasonable accommodation for a person with a disability to participate in the proceeding, in the particular manner requested; (10) whether in-person participation would pose a financial burden or risk a loss of employment; (11) the ability to travel to the courthouse; and (12) whether a person who is subject of the request may be unable to appear remotely due to a) the travel distance from the courthouse or access to reliable transportation or b) caretaking responsibilities.. When a party files a request for participation in a particular manner, the party should explain the reasons for the request. Subpart (c) requires the court’s contact information to be in a notice of a court proceeding. A participant in a court proceeding should be able to use that information to receive a reasonably timely response to any issues concerning participating remotely or by being physically present in the courtroom.
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General Virtual Hearing Best Practices for Courts Here are some quick tips on best practices for handling cases on a remote basis. We have also developed tips specifically for proceedings involving self-represented litigants because those can raise additional concerns that may not be applicable in proceedings where all parties have counsel. 1. Notice of Hearing a. Contents of Notice of Hearing: Make sure your notice state that the hearing will occur by video conferencing software such as Zoom, and that the parties should not appear in person at the courthouse. A sample notice is attached in Appendix D. b. Contact Person: Provide a phone number and email address for a person who can assist parties and participants in a timely manner if needed. An email address alone is not sufficient as people who lack access to the internet may not be able to access email. c. Information on Court Procedure: Provide information on court procedure for virtual hearings, including how to submit exhibits for the hearing. d. Provide a way for parties to inform the court of the following: i. Whether they need any ADA accommodations (See Appendix A regarding disability accommodations in remote proceedings); ii. Whether they, or a witness, needs an interpreter, and if so, what language(s) (See Appendix B & C regarding language services in remote proceedings); iii. How many witnesses they want to testify on their behalf; and iv. Any other information relevant to the logistics of the proceeding. 2. Hearings: At the beginning of the hearing address potential technical difficulties. a. Ask parties and participants about the reliability of their computer, internet, or phone. b. Tell parties and participants what to do if they experience problems with their internet, computer, or phone, such as instructing the litigant to click on the Zoom link again if their connection drops, or to call back into the Zoom number provided. c. Provide parties and participants with a call back number not associated with the Zoom hearing in case they cannot reconnect. d. Obtain the parties’ and participants’ phone numbers or other emergency contact information in case it is needed.
Best Practices for Virtual Hearings Involving Self-Represented Litigants In many ways, cases involving self-represented litigants (SRLs) are no different than any other case. However, because SRLs are typically not trained in the law or court processes, they typically need more information about processes and expectations than a party who has counsel. Here are some quick tips on best practices for handling cases involving SRLs on a remote basis. 1. Important Information: a. Lack of Internet or Reliable Internet: Many people do not have access to the internet, or reliable internet, in the home. Public access to the internet via libraries, coffee shops, and other local options is problematic due to privacy issues and may not always be available b. Limited Phone Data/Call Minutes: Some people may only have phones with a limited number of call minutes or data plan minutes, so they may not be able to use their phones to participate in a video hearing or even to participate by phone. You may need to work with the litigant to determine how they can have meaningful participation in the hearing. We do not have a solution for this problem and welcome your ideas. c. Email: Some SRLs may not have email. Those who have an email address may not be able to check their email due to a lack of internet access. Those who have access to their email may not understand the importance of checking their email regularly for information about their case. Please explain the need to check email daily or arrange an alternative way to contact SRLs for notice of upcoming hearings. Develop an alternative method for those without email or reliable internet to submit evidence. d. Consequences of Failing to Act: Many people do not understand the consequences of failing to respond to a case or act timely in a case. Please explain these consequences to litigants. e. Plain Language. When communicating orally or in writing with an SRL, please use language at a 3rd-grade reading level when possible. Short, clear sentences are best. Avoid legalese (for example, most people do not know what “default” means), terms of art, and acronyms. The National Association for Court Management developed a Plain Language Guide in 2019 on how to incorporate plain language into court forms, websites, and other materials that may be useful to you. f. Caretaker Responsibilities and Privacy Concerns: Be sensitive to a litigant’s ability to participate in a hearing without interruption. Privacy concerns are especially important in cases involving domestic violence or children in the household. Make reasonable accommodations to address privacy concerns and a litigant’s need to give medication to a family member, feed a baby, etc. 2. Notice of Hearing and Materials to Provide with Notice to SRLs a. Send written notice in plain language by mail and email to the addresses on file. i. Comment: Email notice alone may not suffice for the above-mentioned reasons. b. Contents of Notice of Hearing. i. Make sure your form notices state that the hearing will occur by video conferencing software such as Zoom and that the party should not appear in person at the courthouse. ii. Make sure to include basic information on what technology and equipment will be needed to participate in the hearing – such as reliable access to the internet, a phone,
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laptop, tablet, desktop, etc. – and what to do if they do not have access to those things. A sample notice is attached in Appendix D. iii. Include a short notice in Spanish and any other languages that are common in your court, instructing SRLs with limited English proficiency to contact the court to get language assistance such as translation of the notice and the materials provided with the notice. c. Instructions on How to Use Zoom + Contact Person: Provide step-by-step instructions in plain language on how to access and use Zoom, including contact information for a person who can assist them if needed. Email alone is not helpful for those without internet. A sample instructions sheet is attached in Appendix E. d. Information on Court Procedure + Contact Person: Provide step-by-step information in plain language on court procedure for hearings, including how to submit exhibits for the hearing and contact information for a person who can assist them if needed. Be sure to let them know the alternative method for submission of evidence if they do not have the technological means or ability to do so. e. Provide a way for SRLs to inform the court of the following: i. Their phone number and email address, if any; ii. Lack of internet or reliable internet; iii. Lack of ability or limited ability to access the hearing by phone; iv. Lack of ability to submit evidence electronically; v. Lack of childcare or coverage for other caregiver responsibilities; vi. Whether they are ready to have the hearing or need a continuance; vii. How long they think the hearing or trial will take to present their side of the story, including witnesses and evidence; viii. Whether they need any ADA accommodations (See Appendix A regarding disability accommodations in remote proceedings); ix. Whether they, or a witness, needs an interpreter, and if so, what language(s) (See Appendix B & C regarding language services in remote proceedings. There is also an instructions sheet attached as Appendix F); and x. How many witnesses they want to testify on their behalf. f. Provide a list of legal resources serving your area: i. State Bar Referral Directory. The Legal Access Division of the State Bar of Texas publishes a list of local and statewide legal aid and pro bono providers as well as lawyer referral services in their Referral Directory. ii. Texas Law Help. The Texas Legal Services Center, a legal aid organization, hosts Texas Law Help, a website that provides free information and resources, including a LiveChat feature for low-income people. 3. Hearings: a. At the beginning of the hearing: i. Address potential technical difficulties. 1. Ask litigants about the reliability of their computer, internet, or phone. 2. Tell litigants what to do if they experience problems with their internet, computer, or phone, such as instructing the litigant to click on the Zoom link again if their connection drops, or to call back into the Zoom number provided. 3. Provide the litigant with a callback number not associated with the Zoom hearing in case they cannot reconnect.
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4. Obtain the litigant’s phone number or another emergency contact in case it is needed. ii. Assess the need for disability accommodations or an interpreter. 1. Ask the litigant if they need disability accommodations or an interpreter. 2. Address as needed. iii. Caretaker responsibilities and privacy issues. 1. Ask the litigant if there are any caregiver responsibilities or privacy issues. 2. Invite them to let you know if these issues arise during the hearing. iv. Overview of hearing. 1. Review what will happen during the hearing in plain language. 2. Provide information about the proceeding and any procedural requirements involved, including how to upload evidence. If the litigant is participating by phone only, tell the litigant how to provide their evidence to the court. b. During the hearing: i. Oath. If a party is unable to participate by video, have them recite the oath while on the phone rather than require a notary. If the litigant does not have access to the internet at home or a computer, they likely do not have the funds to pay a notary. ii. Reasonable Accommodations. A judge may make reasonable accommodations to ensure all litigants the right to be heard without violating the duty to remain impartial. A judge may consider the totality of the circumstances, including the type of case, the nature and stage of the proceeding, and the training, skill, knowledge, and experience of the persons involved when making reasonable accommodations. For example, a judge may: 1. Construe pleadings and briefs liberally, 2. Ask neutral questions to elicit or clarify information, 3. Modify the mode and order of evidence as permitted by the rules of procedure and evidence, including allowing narrative testimony, 4. Explain the basis for a ruling, and/or 5. Inform litigants what will be happening next in the case and what is expected of them. c. At the end of the hearing: i. Litigant’s email address. 1. If the litigant has access to reliable internet at home (not through a library or public place), ask the litigant if they have an email address. 2. If so, tell them that notices of future court hearings will be emailed to the email address they gave you. 3. Tell them to check it daily and warn them of the consequences of missing a hearing. 4. Tell them how to contact the court if their access to the internet or phone number changes while their case is pending. If they lose access to the internet, they will need to receive notices by mail. ii. Review next steps. Tell the litigants what will happen next, and what is expected of them, and inform them of the next hearing date, if known.
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Appendix A Accommodations for Persons with Disabilities By Brian East, Senior Attorney, Disability Rights Texas
1. Introduction The ADA and other laws apply to state and local courts, 1 as well as to attorneys. 2 These laws prohibit disability discrimination and generally require that courts and lawyers provide equal access and an equal experience. Specific obligations include: • Providing auxiliary aids and services (e.g., interpreters, captioning) to ensure effective communication • Providing accessible electronic and web content • Providing reasonable modifications to policies and practices • Avoiding criteria or methods of administration that have a discriminatory impact (whether done directly or via contracts, etc.) 2. Give instructions for requesting modifications or auxiliary aids and services • Invite people to ask for any modifications or auxiliary aids and services. • Describe in detail how parties should make the request. • Do not require a specific form or rigid adherence to the court’s preferred process for requesting accommodations. • Avoid inflexible deadlines if possible. • Make sure the information is available in accessible formats. 3. When an attorney, party, or witness is blind or has low vision • Ensure that web pages are accessible to and usable by screen-reader technology.3 • Use a video platform that is usable by screen-reader technology (Zoom is considered generally accessible to blind individuals who use screen readers). • Make sure that any documents being used, including exhibits, are in accessible formats. o Word and PowerPoint documents have built-in accessibility checkers. o PDF documents are only accessible if the Select Text function works (i.e., OCR). • Ensure, to the extent possible, that any documents are circulated in advance. o Understand that Share Screen functions may not work for individuals who are blind. o Understand that functions done during the hearing such as zooming in and highlighting may not translate. • Design any kiosks with accessible features (e.g., “talking,” etc.). 4 42 U.S.C. § 12131(1). 42 U.S.C. § 12181(7)(F). 3 An accessible website generally means it complies with WCAG 2.0 Level AA. See 1 T.A.C. § 206.70(a). See also Accessibility Policy of the Texas Judicial System is online at https://www.txcourts.gov/site-policies/accessibilitypolicy/. 4 For an example of an accessible kiosk, see the 2010 ADA Standards for Accessible Design, Sec. 707 (“Automatic Teller Machines and Fare Machines”), available online at https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#pgfId-1006537. 1 2
4. When an attorney, party, or witness is deaf or hard of hearing • Determine the primary or preferred method of communicating (e.g., American Sign Language; Signed Exact English, real-time captioning [CART], etc.). • Have ongoing contracts with interpreting and captioning services. • When the primary method of communication is sign language:5 o Remember state law requirements for interpreters.6 o Arrange for the interpreter team to join the video hearing as official interpreters. o Ensure that interpreters are court-certified and fluent in the relevant sign language. o Do not use the telephone “relay” service for interpreting. o Do not use back-and-forth writing with deaf individuals unless they request it. o Do not rely on lip-reading. o Avoid using TTD or TTY machines. • If the deaf individual has an attorney or advocate: o Ask the attorney/advocate if she will be using a “table” interpreter (i.e., a separate interpreter for private discussions). o Be prepared to place the advocate, client, and table interpreters into a private “room” for confidential discussions. • For real-time captioning: 7 o Use a professional CART provider rather than assuming a court reporter can do it. o Avoid automated captioning services or programs. • Lip-reading: o Do not rely on lip-reading for deaf individuals who primarily communicate by sign. o Occasionally, individuals who are hard of hearing (and particularly those who do not sign) do use lip-reading as part of their communication process. If that is the case, make sure that speakers are close enough to the camera and well-lit.
5. Other Common Modifications/Accommodations • • • • •
Recognize that some individuals will use a telephone to connect and may have no webcam. Ensure that materials and information use plain language. Even after courts re-open, consider remote attendance if needed as a reasonable accommodation because some people have the needed equipment at home and prefer to use it due to familiarity, etc. If remote attendance is impossible, consider continuing the hearing to a time that minimizes the risk of exposure to COVID-19. If remote attendance is impossible, consider relocating to a place that allows more distancing.
The ABA’s Commission on Disability Rights has published step-by-step instructions for using interpreters on the Zoom platform, available online at https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/covid/zoomaccessibility.pdf. 6 See https://www.txcourts.gov/lap/. 7 The ABA’s Commission on Disability Rights has published step-by-step instructions for providing Closed Captioning on the Zoom platform, available online at https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/covid/zoomaccessibility.pdf. 5
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Appendix B Language Access and Remote Interpretation
Litigants and other court patrons who have limited English proficiency (LEP) need language assistance services such as interpretation and translation to access the courts and resolve their legal problems. The same laws and rules about language access in Texas courts still apply when courts are partially closed and many proceedings are virtual. Below is a recap of the relevant law and some quick tips on best practices for how to provide meaningful access to justice for LEP persons in remote hearings. Many of these recommendations are also best practices in a courtroom setting. 1. Important Terms • Limited English Proficient – Individuals who do not speak English as their primary language and who have limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." It is important to note that someone can be English proficient in certain contexts but not in others. For example, they may know enough English to accomplish basic tasks like small talk and grocery shopping, but not enough to understand what the teacher is saying at a parent conference or participate in a court proceeding. The English proficiency needed in legal settings is much higher than what most people need in typical daily encounters, which is why legal information and court proceedings can be difficult even for many native English speakers to understand, and why people who know some English often need language assistance services in court. See below for some sample questions to help you assess whether a person would benefit from an interpreter in court. • Language access – An umbrella term encompassing the idea that people with limited English proficiency (LEP) are entitled to meaningful access to programs and services. It implies the existence of laws and policies and the availability of services and supports to ensure that access is not significantly restricted, delayed, or inferior as compared to English proficient individuals. • Interpretation – When a competent interpreter listens to something in one language (source language) and orally translates it into another language (target language). • Translation – When a competent translator renders written text from one language (source language) into an equivalent written text in another language (target language). • Sight translation - The reading of text written in one language (source language) by a competent interpreter who orally translates it into another language (target language). • Vital document - A document that contains information critical for obtaining access to justice. Some examples of vital documents that courts may need to translate to ensure that LEP individuals are provided meaningful access can include information about and applications for programs, benefits, or services; intake forms; court forms; consent or complaint forms; notices of rights; letters or notices that require a response or responsive action; or orders that prohibit or compel conduct; and information about language assistance services. • Simultaneous interpretation - When a competent interpreter listens to something in one language (source language) and orally translates it into another language (target language) in real-time without pauses. • Consecutive interpretation – When a competent interpreter listens to something in one language (source language) and orally translates it into another language (target language) while the speaker pauses to allow for the interpretation before continuing.
2. State and Federal Law •
Title VI of the Civil Rights Act of 1964 Title VI and its implementing regulations prohibit national origin discrimination in court programs and services, whether criminal, civil, or administrative. 1 The regulations prohibit discriminatory conduct such as providing a service or benefit that is different, or provided in a different manner, from what is provided to others under the program or that restricts in any way the enjoyment of any advantage or privilege enjoyed by others under the program on the basis of national origin. 2 The regulations also prohibit administering programs in a manner that has the effect of discriminating in those ways or “substantially impairing accomplishment of the objectives of the program” based on national origin. 3 In 1974, the U.S. Supreme Court held that Title VI’s prohibition against discrimination on the basis of national origin includes discrimination against LEP individuals based on language. 4 This means that courts must “ensure that LEP parties and witnesses receive competent language services … At a minimum, every effort should be taken to ensure competent interpretation for LEP individuals during all hearings, trials, and motions during which the LEP individual must and/or may be present.” In situations where courts typically rely on written communication, translating documents that are vital to providing meaningful access is also required. 5 Language assistance must be provided free of charge. 6
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Texas Government Code Chapter 57 Section 57.002 defines when a judge must appoint a licensed court interpreter 7 and when a judge may appoint an unlicensed court interpreter. It also describes the minimum criteria an unlicensed interpreter must meet to be appointed in a court proceeding. It applies to all courts and both civil and criminal proceedings. Because the language of the statute has become somewhat convoluted over the years, we have summarized its requirements in the charts below for simplicity’s sake. The first chart illustrates when a judge is required to appoint an interpreter and when the judge has discretion to appoint an interpreter. The second chart is for after a judge decides to appoint an interpreter either because a motion was filed, a request was made, or the judge decided sua sponte that an interpreter is needed to provide meaningful access to the proceeding for an LEP person. It illustrates when a judge must appoint a licensed court interpreter and when a court has discretion to appoint an unlicensed court interpreter. It also shows what minimum criteria an unlicensed court interpreter must meet to interpret in a Texas court proceeding.
42 U.S.C. § 2000, et seq 28 C.F.R. § 42.104(b)(1) (Aug. 26, 2003). 3 28 C.F.R. §§ 42.104(b)(2), 42.203(e) (1966). 4 Lau v. Nichols, 414 U.S. 563, 569 (1974). 5 Id. at 41,463. 6 Id. at 41,462. 7 There are two types of licenses for Texas court interpreters: a basic license that authorizes you to interpret in municipal and justice courts, and a master license that authorizes you to interpret in any Texas court. When you hire a licensed interpreter, be sure they hold the appropriate license for your court. 1 2
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When are you required to appoint an interpreter? When to Appoint an Interpreter According to Tex. Gov. Code § 57.002 Court must appoint an interpreter
Court may appoint an interpreter
When a party files a motion for an interpreter or a witness requests an interpreter in a civil or criminal proceeding. 8 9
Upon its own motion for an LEP person. 10
8
Tex. Gov. Code. Sec. 57.002(a). Tex. Gov. Code Sec. 57.001(7) states a “court proceeding” “includes an arraignment, deposition, mediation, court-ordered arbitration, or other form of alternative dispute resolution.” 10 Tex. Gov. Code Sec. 57.002(b). Note the statute does not specify that the person must be a party or a witness. An example of a situation where a court may elect to appoint an interpreter for an LEP person who is not a party or witness is when the parent of a minor who is a party or witness has limited English proficiency and needs an interpreter to comprehend the proceeding affecting his or her child. In some cases involving minors, state law includes parents and guardians in the definition of “party” or “plaintiff,” but the court may appoint an interpreter for the parent even in cases where they are not explicitly a “party.” 9
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Step Two: Does the interpreter have to be licensed? If not, what criteria must the interpreter meet? Appointing a Licensed v. Unlicensed Court Interpreter According to Tex. Gov. Code § 57.002 County with population of at least 50,000 11
County with a population under 50,000
County to which Section 21.021 of Tex. Civ. Prac. Rem. Code applies12
Must appoint a licensed court interpreter
When language is Spanish
No
No
May appoint an unlicensed court interpreter
1. When language is not Spanish; 2. The judge makes a finding that there is no licensed court interpreter available within 75 miles; and 3. If the interpreter is: a. qualified by the court as an expert under the Texas Rules of Evidence; b. at least 18 years of age; and c. not a party to the proceeding.
If the interpreter is:
If the interpreter is:
a. qualified by the court as an expert under the Texas Rules of Evidence; b. at least 18 years of age; and c. not a party to the proceeding.
a. qualified by the court as an expert under the Texas Rules of Evidence; b. at least 18 years of age; and c. not a party to the proceeding.
The counties with a population over 50,000 that aren’t subject to Tex. Civ. Prac. Rem. Code Sec. 21.021 are Anderson, Angelina, Bastrop, Bell, Bexar, Bowie, Brazoria, Brazos, Cherokee, Collin, Comal, Coryell, Dallas, Denton, Ector, Ellis, Fort Bend, Grayson, Gregg, Guadalupe, Hardin, Harris, Harrison, Hays, Henderson, Hood, Hunt, Johnson, Kaufman, Kerr, Liberty, Lubbock, McClennan, Midland, Montgomery, Nacogdoches, Orange, Parker, Potter, Randall, Rockwall, Rusk, San Patricio, Smith, Tarrant, Taylor, Tom Green, Travis, Van Zandt, Victoria, Walker, Wichita Williamson, and Wise. 12 At this time, Sec. 21.021 applies to Cameron, Culberson, El Paso, Galveston, Hidalgo, Hudspeth, Jefferson, Maverick, Nueces, Starr, Terrell, Val Verde, Webb, and Zavala counties. 11
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Code of Criminal Procedure 38.30 Requires a court to appoint an interpreter upon a party’s motion or upon the court’s motion if the accused or a witness does not have English proficiency.13 Before Section 57.002 became law, “any person” could be appointed as an interpreter in criminal proceedings regardless of their qualifications. However, as of 2001, when a court appoints an interpreter in a criminal proceeding, the interpreter must fulfill the requirements of 57.002.14 The statute also requires the county to pay for the interpreter in criminal proceedings.
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Texas Rule of Civil Procedure 183 A court may appoint an interpreter and may tax the interpreter fee as costs unless the law provides otherwise or the litigant has filed an uncontested Statement of Inability to Afford Payment of Court Costs pursuant to Tex. R. Civ. Proc. 145.
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Texas Rule of Civil Procedure 145 A party who files a Statement of Inability to Afford Payment of Court Costs cannot be required to pay costs except by order of the court supported by detailed findings that the declarant can afford to pay costs issued after an oral evidentiary hearing. “Costs” as defined by Rule 145 include the fees for an interpreter or translator. Therefore, LEP parties who file a Statement of Inability to Afford Payment of Court Costs must not be charged for the language assistance services they need to have meaningful access to the court.
3. Remote Hearings Zoom Interpretation can be provided remotely in virtual proceedings on Zoom both simultaneously and consecutively. 15 Zoom allows for simultaneous interpretation by providing a separate audio channel that only the LEP person will hear. You can also use “breakout” rooms when an interpreter is needed for an attorney and client to have a private conversation during a proceeding. See How to Use Simultaneous Interpretation in Zoom Proceedings for detailed instructions about remote interpretation in Zoom for more information about scheduling the proceeding with an interpreter and using the interpreter controls during the proceeding.
13
Tex. Code of Crim. Proc. Art. 38.30(a). Ridge v. State, 205 S.W.3d 591, 596-597 (Tex. App.—Waco 2006, pet. ref’d) (holding that a trial court has an independent duty to appoint a licensed interpreter if the court is made aware that a defendant or witness does not understand the English language, unless the defendant expressly waives the right to a licensed interpreter); Franco v. State, No. 04–16–00090–CR, 2017 WL 781033 at *1-*2 (Tex. App.—San Antonio 2017, pet. ref’d) (the appointment of an interpreter by a trial court is governed by section 57.002 of the Texas Government Code and article 38.30 of the Texas Code of Criminal Procedure). See also Op. Tex. Att’y Gen. No. JC-0584 (2001) (concluding that when a court appoints a spoken-language interpreter in a criminal case, chapter 57 establishes the requisite interpreter qualifications. Therefore, the interpreter must be licensed under chapter 57 unless the section 57.002(c) exception applies.). 15 Most Texas courts are using Zoom for remote proceeding so we are focusing on Zoom here. If your court is using a different platform such as WebEx and you need help developing protocols for remote interpretation, you may contact the Texas Access to Justice Commission by emailing atjmail@texasatj.org. 14
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What to do Before the Proceeding • Notice – As mentioned in the Best Practices for Court in Zoom Hearings Involving SRLs, include with your notice Spanish (and any other languages common in your jurisdiction) instructions about how to contact the court for language assistance. Using an interpreter icon can also help LEP persons who speak languages other than Spanish or who have low literacy. Language assistance may include translation or sight translation of the notice and interpretation for the proceeding(s). • The LEP Person – When you learn an LEP person will need an interpreter for a remote proceeding, confirm their preferred language to ensure you select an interpreter that will be able to communicate with them. Be sure to find out if they need any specific dialect. Some languages vary greatly between dialects. Also determine if the person has the technology they need to participate remotely. The simultaneous interpretation feature in Zoom will only work if the LEP person is able to join via the internet through a computer or other device. It will not work if they call in over the phone. They will need stable access to the internet and the latest version of Zoom to participate. 16 If they don’t, you can still use a remote interpreter via Zoom, but the interpretation will need to be consecutive instead of simultaneous and you will need to plan for a longer proceeding. • The Interpreter Selecting an Interpreter: After confirming the preferred language of the LEP person, you will need to select an interpreter. If you already have an interpreter for your court in the language you need, this will be easy. If not, you may be able to find an interpreter through an existing contract your court or county already has, or you may need to hire an interpreter independently. If the language is Spanish and the proceeding is going to be short, you can use OCA’s Texas Court Remote Interpreter Service (TCRIS) to schedule a free interpreter. For remote proceedings you also have the option of hiring licensed interpreters from anywhere in the state. 17 Similarly, where the law allows you to hire an unlicensed interpreter and a licensed one is not available, you can hire an interpreter from anywhere without incurring travel costs. Just remember that even unlicensed interpreters must meet the minimum requirements in Section 57.002. Sample Questions to Help Assess Interpresters: These questions can be used to assess an interpreter you are considering hiring for a proceeding or to assess an interpreter prior to appointing them and swearing them in during the proceeding. 18 o Are you a Texas licensed court interpreter? o What is your license level and number? o How long have you been an interpreter? o How many times have you interpreted in court? o What credentials or specialized training do you hold? o Describe the Texas Code of Ethics and Professional Responsibility for Licensed Court Interpreters.
Some of the earlier versions of Zoom do not include the interpreter function. Other options for finding competent interpreters are the Texas Association of Judiciary Interpreters and Translators, Metroplex Interpreters and Translators Association, Houston Interpreters and Translators Association, El Paso Interpreters and Translators Association, Austin Area Translators and Interpreters Association, National Association of Judiciary Interpreters and Translators, and American Translators Association. 18 Here is an example video of assessing an interpreter prior to appointing them and swearing them in: Example of Court Interpreter's Interview to Verify Credentials. 16 17
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Best Practice Tip: Please note that if the proceeding is expected to be long or complex, the best practice is to hire two interpreters to interpret as a team by switching off approximately every 30 minutes. This is because the cognitive load of interpreting for long stretches is very taxing and the longer an interpreter interprets, the more likely they are to make mistakes. In fact, the accuracy of most interpreters begins to show a measurable decline after 30 minutes of interpreting. The cognitive load of remote interpretation is even higher than on-site interpretation, so team interpretation may be even more useful for longer remote proceedings. Taking regular breaks is another option if you are unable to use an interpreter team for a long or complex proceeding. Technology Needs for Interpreter: In addition to ensuring that the interpreter you select meets the requirements of Section 57.002, for remote proceedings you will also want to ensure that they have what they need to minimize the chances of any problems with the technology that could cause a delay. For example, they will need a computer or other device, webcam, headset and the latest version of Zoom on their device, as well as stable internet access and a place to work with minimal background noise and distractions. If they have never used Zoom for remote interpretation before, you may wish to arrange a practice run with them prior to the proceeding to ensure everything is going to work properly. 19 Provide Pleadings or Documents: Provide the interpreter with the pleadings or other documents that are relevant to the proceeding to familiarize themselves with names, parties, and unique vocabulary. Inform Litigant: Once you have arranged for the interpreter, let the litigant know in their preferred language that you have done so. Knowing there will be an interpreter can help reduce the anxiety for the litigant and give them an opportunity to focus on other aspects of preparing for their proceeding.
During the Proceeding • See How to Use Simultaneous Interpretation in Zoom Proceedings for detailed information about using the interpretation features and conducting a remote hearing in Zoom. • Explain the role of the interpreter to the LEP person including the following: The interpreter will interpret everything said in the proceeding with no additions, omissions, explanations, or personal input. The interpreter cannot give advice, make suggestions, or engage in private conversation with the LEP person. The LEP person should raise a hand if s/he has a question or does not understand something during the proceeding rather than asking the interpreter to explain it. • Perform a sound check including allowing the interpreter and LEP party to assess whether they can hear and understand each other. • Instruct participants on these best practices before you begin: Speak slowly, clearly, and one at a time. Whenever possible use plain language and avoid “legalese” and unnecessary terms of art. Speak directly to the participants as you normally would in court, not to the interpreter. Do not ask the interpreter to explain or restate what the LEP person said. You may wish to share this video from the University of Arizona National Center for Interpretation with the interpreter. It is geared toward interpreters and provides a detailed explanation of using Zoom for remote interpretation: Expanding your Toolbox: Using Zoom for Remote Simultaneous Interpreting (RSI). 19
Appendix B – Language Access & Remote Interpretation, Page 7
During consecutive interpretation such as witness testimony, use short, complete sentences and pause after each complete thought to allow for interpretation. Open any statement to the interpreter with “Mr./Ms./Mx. [Interpreter Name]” or “Mr./Ms./Mx. Interpreter” to alert the interpreter that they are being addressed. Encourage the interpreter to request repetitions or clarifications as needed throughout the proceeding. Attorneys representing LEP litigants may use a Zoom breakout room to consult with their client if necessary. If they need an interpreter, the interpreter will be able to join them in the breakout room. Immediately alert the court if they are unable to hear or understand the participant who is speaking, or if the equipment they are using is not working properly. Instruct all participants about what to do if they get disconnected due to a problem with the internet or other technology including providing contact information for a staff person who will be responsive if needed. Give basic instructions about what the participants can expect and need to do to use the interpreter mode in Zoom. Ask the interpreter to say and spell their name for the record and what type of license they hold, if any, and to state their license number for the record. Administer the interpreter’s oath. 20 Red Flags: During simultaneous interpretation only the LEP person will hear the interpretation, but during consecutive interpretation be aware of these red flags that may indicate poor quality interpretation: The interpretation is much longer or much shorter than what was said in the source language. The LEP person repeatedly asks for repetition or clarification. The LEP person appears to be correcting or disagreeing with the interpreter. The LEP person attempts to speak in English without using the interpreter. The interpreter doesn’t seem to have a strong command of English. There are non-verbal cues on the part of the interpreter or LEP person that indicate there is some sort of problem. The interpreter doesn’t appear to take notes, especially for names, numbers, and long segments of speech. The interpreter seems to be engaging in side conversations. The interpreter has an inappropriate facial expression or tone. This could indicate the interpreter is not neutral or is biased in some way that could affect the accuracy of the interpretation. The interpreter answers for the LEP person or attempts to explain or elaborate on the LEP person’s answer. The interpreter attempts to modify or discredit the LEP person’s answer. The LEP person appears unusually uncomfortable or confused or has an inappropriate facial expression or tone. When Party or Witness Has Difficulty Communicating: If you are in a proceeding without an interpreter and a litigant or witness is having difficulty communicating, these are some
• • •
•
20
Tex. R. Evidence 604 requires that interpreters are qualified and take an oath. Sample interpreter’s oath: “Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Code of Ethics and Professional Responsibility; follow all official guidelines established by this court for legal interpreting; and discharge all of the duties and obligations of legal interpretation?” Appendix B – Language Access & Remote Interpretation, Page 8
questions you can ask to assess whether an interpreter may be needed. Avoid questions that can be answered with a yes or no and try using questions that are slightly more complex to approximate the type of language that is common in court. If the person has difficulty answering these questions in a meaningful way, an interpreter is recommended. Please tell the court your name. How did you arrive at court today? In what language do you feel most comfortable speaking and communicating? Tell me about your education. How comfortable are you proceeding with the matter as we are communicating now? What is the purpose of your court hearing today? To help me evaluate your English language proficiency, would you be willing to describe for me a scenario in which you may have found it challenging to communicate effectively in spite of familiarity with the content? After the Proceeding If there is a written decision or order, especially one that prohibits or compels action of any kind, enumerates rights or responsibilities, or requires a response or action to be taken, it is probably a vital document that needs to be translated for the LEP person. 21
21
See State of Vermont v. Onix Fonseca-Citron, No. 2018-197 (Vt. June 12, 2020) (order granting Defendant’s request for translation of the Supreme Court’s opinion affirming his conviction pursuant to Title VI of the Civil Rights Act of 1964). See also Michael W. Finigan, Ph.D. and Theresa Herrera Allen, Ph.D., Evaluation of the Introduction of Plain Language Forms with a Spanish Translation in Two Family Court Settings (October 2016), https://richardzorza.files.wordpress.com/2016/11/plain-language-report_10-24-16.pdf (Spanish-speakers in Travis County, Texas who did not receive their protective orders in Spanish were three times more likely to violate them than those who received their order in Spanish. The reduction in enforcement proceedings saved the court over $100,000 in a six week period.). Appendix B – Language Access & Remote Interpretation, Page 9
Appendix C How to Use Simultaneous Interpretation in Zoom Proceedings
1. Simultaneous Interpretation Function 1 Zoom offers a language interpretation feature that allows interpreters to interpret in the simultaneous mode2 while the LEP individual listens to the interpretation on a separate audio channel. When this feature is enabled, the other participants do not hear the interpretation. 3 2. Language Interpretation Setup To allow Hosts/Schedulers of meetings on your Zoom account to use the interpretation features, enable these features in your account settings. • Sign in to the Zoom web portal and click Settings. • Enable Language Interpretation under the In Meeting (Advanced) heading.
3. Scheduling a Proceeding with an Interpreter • Navigate to Meetings and click Schedule a New Meeting. • Click Generate Automatically next to Meeting ID. This setting is required for language interpretation. • Check the box to Enable Language Interpretation for the meeting. • If you do not know whom the assigned interpreter will be, just click “Schedule” for now.
Prerequisites Business, Education, or Enterprise Account; or Webinar add-on plan Zoom Desktop Client Windows: 4.5.3261.0825 or higher macOS: 4.5.3261.0825 or higher Zoom Mobile App Android: 4.5.3261.0825 or higher iOS: 4.5.0 (3261.0825) or higher Meeting with an automatically generated meeting ID 2 Simultaneous interpretation is a competent interpreter listening to something in one language (source language) and orally translating it into another language (target language) in real-time without pauses. Consecutive interpretation is a competent interpreter listening to something in one language (source language) and orally translating it into another language (target language) while the speaker pauses to allow for the interpretation before continuing. 3 This video demonstrates most of what is covered in these instructions: Using Zoom's Interpretation Features. 1
Adapted for Texas with inspiration from a resource developed by the Wisconsin Office of Court Operations
•
If you know whom the interpreter will be, click “+ Add Interpreter” to display the screen below. Enter the interpreter’s email address and the language in the second dropdown box keeping the first dropdown box as English. The interpreter will need to log on with the same email address you enter here, so you may want to confirm that this is the correct email address for their Zoom account. 4 Click “Schedule” when done.
You can also click the “X” to close out these fields and then click “Schedule.” You MUST remember to send the interpreter a Zoom meeting invitation along with the rest of the invitees. NOTE: Zoom has several pre-set language choices including Chinese, Japanese, German, French, Russian, Portuguese, Spanish, and Korean. If you need a language other than one of these choices, you will need to designate one of these languages as a “catch-all” language. In other words, you can use the interpretation feature even if your language isn’t listed, but you will need to be sure everyone involved knows that the controls in Zoom will list a different language than what the interpreter will actually be interpreting to ensure that everyone selects the correct options in the following steps. 4. Joining the Zoom Proceeding Joining a Zoom proceeding that will involve interpretation works just like joining any other Zoom proceeding. The best practice is to download and log into the latest version of Zoom prior to the proceeding, but it is possible to download and run Zoom when the meeting is launching.
Interpreters may use the interpreter features with a Basic (free) account as long as the Host has the prerequisite Zoom service. See fn 1.
4
Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 2
If any of the following situations occur, Zoom’s simultaneous interpretation function WILL NOT work and you will need to conduct the hearing with the interpreter using the consecutive mode: • Participant joins by telephone only (no video). • Participant joins by Zoom for video but is using a telephone for audio. • Participant joins through the meeting link via their web browser. • Participant joins using a Chromebook.5 5. Getting Started Once the hearing begins but before the Host enables the simultaneous interpretation function, the Host should provide instructions to all participants explaining what they will need to do. Following is an example: • Go on the record and call the case. • The Interpreter Ask the interpreter to say and spell their name for the record. Ask the interpreter what type of license they hold, if any, and to state their license number for the record. If they are unlicensed, ask them a short set of questions to establish they meet the requirements of Section 57.002.6 Administer the interpreter’s oath. 7 Give participants instructions. The interpreter will interpret these in consecutive mode. o “The Court will be using the services of a remote court interpreter.” [pause for This functionality may be added for Chromebook, but is not available at publication. Under Tex. Gov. Code § 57.002, even when you are allowed to appoint an unlicensed interpreter to interpret a court proceeding, that interpreter must still be qualified by the court as an expert under the Texas Rules of Evidence; at least 18 years of age; and not a party to the proceeding. Here is an example of how it is done in federal court that could easily be adapted for Texas courts and the requirements of § 57.002. 5 6
Tex. R. Evidence 604 requires that interpreters are qualified and take an oath. Sample interpreter’s oath: “Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Code of Ethics and Professional Responsibility; follow all official guidelines established by this court for legal interpreting; and discharge all of the duties and obligations of legal interpretation?” 7
Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 3
interpretation] o “Once I turn on the simultaneous interpretation function, the only person who will hear the interpretation will be Mr./Ms./Mx. [LEP Person].” [pause for interpretation] o “The role of the interpreter is to interpret everything said in the proceeding with no additions, omissions, explanations, or personal input. [pause for interpretation] o The interpreter cannot give advice, make suggestions, or engage in private conversation with you Mr./Ms./Mx. [LEP Person] or with anyone else. [pause for interpretation] o Mr./Ms./Mx. [LEP Person], Raise your hand to let us/your attorney know if you have a question or do not understand something during the proceeding. Please do not ask the interpreter to explain it to you or for any advice.” [pause for interpretation] o “Mr./Ms./Mx. Interpreter, after the interpretation function is turned on you will see a welcome screen that says ‘You’ve been assigned as an interpreter’ and you should click ‘OK.’” [pause for interpretation] o Once you click OK, you should see a screen that will allow you to switch back and forth between [non-English language] and English. [pause for interpretation] o When you are on the [non-English] channel, only Mr./Ms./Mx. LEP person will hear you. [pause for interpretation] o If you need to ask for repetition or clarification or need us to pause or anything else, please raise your hand and switch to the English channel to address the Court. [pause for interpretation] o Whenever you are on the English channel, please interpret in the consecutive mode [pause for interpretation] o “For the rest of you, if you’re joining on a computer, you should see a notification that says ‘Interpretation is available’ over an ‘Interpretation’ icon that looks like a globe.” [pause for interpretation] o “If you’re joining on a smart phone, you may find the ‘Language Interpretation’ option under ‘More’ over some dots.” [pause for interpretation] o “Everyone must click on the interpretation icon to select your preferred language.” [pause for interpretation] o “Mr./Ms./Mx. [LEP Individual], you should click on the “[Non-English language]” which will be the [2nd/ 3rd/etc.] on the list of options. [pause for interpretation] o “Once I turn on the simultaneous interpretation you will hear us speaking English in the background at about 20% volume and you will hear the interpreter at about 80% volume over that. [pause for interpretation] o If you prefer to hear only the interpreter, there is an option to “mute original audio” right under where you select [Non-English language]. Once I turn on the simultaneous interpretation, let us know if you have any trouble getting it to work the way you want it to. [pause for interpretation] Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 4
o “Everyone else should click ‘English.’” [pause for interpretation] o Before I turn on the simultaneous interpretation, does anyone have any questions about what I’ve said so far? [pause for interpretation] o “I’m going to turn on the simultaneous interpretation function now.” [pause for interpretation] b.
Enable the Simultaneous Interpretation function. o [Once the simultaneous interpretation is on and you have given everyone a moment to select the appropriate options] Confirm all the participants can hear. “Can everyone hear the language that they selected? Please raise your hand if you can hear the language you want to hear.” o If everyone can hear, begin with some additional instructions regarding interpretation. “Now that we are in simultaneous mode, I want to give some brief additional instructions to help make this go as smoothly as possible.” o Speak slowly, clearly, and one at a time. Whenever possible use plain language and avoid “legalese” and unnecessary terms of art. o Speak directly to the person you are addressing as you normally would in court, not to the interpreter. o Do not ask the interpreter to explain or restate what Mr./Ms./Mx. [LEP individual] said. o During consecutive interpretation such as witness testimony, use short, complete sentences and pause after each complete thought to allow for interpretation. o Open any statement to the interpreter with “Mr./Ms./Mx. [Interpreter Name]” or “Mr./Ms./Mx. Interpreter” to alert the interpreter that they are being addressed. o [If there is an attorney representing the LEP individual] Mr./Ms./Mx. [Attorney name], if you need to confer with your client, please raise your hand to let us know. You can use a breakout room. If you need the interpreter to join you, please let us know. Only consecutive interpretation mode is available in the breakout rooms. o Immediately raise your hand if you are unable to hear or understand the person speaking, or if the equipment you are using is not working properly. o [Instruct all participants about what to do if they get disconnected due to a problem with the internet or other technology including providing contact information for a staff person who will be responsive if needed.] o Begin the proceeding as you normally would.
6. Enabling the Simultaneous Interpretation Function The simultaneous interpretation option appears at the bottom of the Host’s screen as an icon that looks like a globe. Only the Host can enable this function, not a Co-Host.
Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 5
Host’s Screen
When the Host clicks on the “Interpretation” icon, a “Language Interpretation” screen will pop-up. The Host should start typing the name of the interpreter, which should populate the interpreter field or display a dropdown list of choices.
Once the interpreter’s name appears in the interpreter field, the Host must select the appropriate nonEnglish language and then click “Start.” The Host can assign multiple interpreters as needed. Interpreter’s Screen After the Host clicks “Start,” the interpreter will see a Welcome screen that is visible only to the interpreter. When the interpreter clicks “OK,” Zoom automatically chooses the non-English language for them.
After the interpreter clicks “OK,” the interpreter sees a screen that allows them to toggle back and forth between English and the non-English language audio channels. Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 6
Participant’s Computer Screen Once the simultaneous interpretation feature has been activated by the Host, the other Participants will see a pop-up notice on their screens indicating, “interpretation is available” or “language interpretation.” The Host should remind participants of the instructions to click on the Interpretation icon (not the message bubble) to select their preferred language.
Participant’s Smart Phone Screen
The court, staff, and attorneys should choose “English” while the LEP individual chooses the [NonEnglish] language. Once all of the participants have chosen their preferred language channel, simultaneous interpreting can begin. Confirm all the participants can hear by saying, “Can everyone hear the language that they selected? Please raise your hand if you can hear.” Instruct participants to alert the Court if anybody has difficulties hearing by raising their hand at any point during the proceeding. During the Hearing When the simultaneous interpreting function is on, the interpretation will not be audible to anyone except the Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 7
LEP individual and anyone else who has selected the non-English audio channel. The LEP individual should hear the English speakers at about 20% volume while the interpretation will be heard at about 80% volume. It may be helpful for the court to inform the LEP individual that if they want to hear only the interpretation, they can click “Mute Original Audio.”
Ending the Simultaneous Interpreting Option To stop the Simultaneous Interpretation function at any time, the Host can click the “Interpretation” icon and choose “Manage Language Interpretation.”
Once the language interpretation screen is displayed, the Host should click “End” to stop the interpretation. The Host can stop and restart the interpretation function as often as necessary. Interpretation should be in consecutive mode when the simultaneous function is turned off.
Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 8
Livestreaming on YouTube If the court is planning on livestreaming the proceeding on YouTube and the simultaneous interpretation function is enabled, viewers will NOT be able to hear the interpretation audio channel, only the original audio channel. Cloud recordings will also only record the original audio, not the interpreter audio channel. Proceedings recorded on a local computer will record any audio channels that the person recording it can hear. Breakout Rooms If the court needs to send an attorney and their LEP client into a breakout room with the interpreter, the simultaneous interpretation function will not work in the breakout room. Before sending participants into a breakout room, the Host should turn off the interpretation function as described above. Interpretation in a breakout room will be conducted in the consecutive mode, which is the method that mimics an in-person encounter. If the simultaneous interpretation feature is needed after participants return from the breakout room, the Host can turn the feature back on and instruct participants to choose their audio channel again. Two Interpreters Working as a Team Two interpreters working as a team can share one audio channel and switch off while interpreting in the simultaneous mode. Both the active and resting interpreter will listen to the English speakers and switch off as needed with only one interpreter interpreting at a time. When interpreters are working as a team, they are not able to hear the other interpreter’s interpretation. It may be helpful for them to have an opportunity to communicate prior to the proceeding to agree on how they will communicate and switch off. They may need to pause the proceedings for a moment while they switch off.
Appendix C – How to Use Simultaneous Interpretation in Zoom Proceedings, Page 9
Appendix D Sample Notice of Hearing and Information to Send with the Notice of Hearing FOR USE IN CIVIL CASES
When Notice of Hearing Issues at the Same Time as the Citation: • It is a best practice to include the information regarding technology, accessibility, interpreters, or other needs in the Notice of Hearing and attach more detailed information on what to expect in the upcoming hearing to the citation. • Courts should provide parties with both a telephone number and an email address where parties will receive a prompt and timely response. Some parties do not have access to the internet and cannot send email. When Notice of Hearing Issues After the Citation Issues: • When a notice of hearing will be sent later in the case after citation issues, it is a best practice to send information on what to expect in any upcoming hearing in a separate letter. • If the information and the notice of hearing is sent by USPS and is returned as undeliverable, the court is urged to contact the party by alternative methods, if available (e.g., if the party listed their phone number or email address on their answer). The Court should also appropriately consider whether the information was received by the party when hearing the case. See page 2 for a suggested Notice of Hearing template. See page 3 for suggested information on Zoom hearings to send to parties.
Page 1
Notice of Hearing Your case is set for a court hearing on [date] at [time] with Justice of the Peace Court, Precinct [#]. The court hearing will be held online using a video conferencing program called [Zoom/WebEx]. Please do not come to the courthouse. At least 5 days before the hearing, please read the attached instructions on how to participate in the hearing using Zoom. The instructions include information on how to submit evidence and what to do if you are not able to participate in the hearing using Zoom. On the date and time of your hearing, type the web address listed below “Join Zoom Meeting” to attend your hearing: [Insert Zoom Meeting Information] JOIN ZOOM MEETING [insert Zoom link] MEETING ID: XXX-XXX-XXX PASSWORD (if using): XXXXXXXX PHONE AUDIO CALL +1xxxxxxxxxx +1xxxxxxxxxx If you have any questions or have any of the following circumstances, please contact [the court coordinator, clerk, etc] immediately at (xxx) xxx-xxxx or [email address]: [NOTE – Make sure to list a telephone number. People without access to internet cannot email you this information] 1. You do not have the technology or ability to participate by Zoom (See information attached to the citation for details); 2. You need reasonable accommodations for yourself or a witness with disabilities; 3. You need an interpreter for yourself or a witness, including which language(s) are needed; 4. You have evidence to help prove your side of the facts but are not able to send it to the judge and opposing party in the way we’ve asked for it to be sent (See attached information for details); or 5. You are asking the court to delay the hearing for a good reason. The court will do its best to accommodate parties and witnesses with disabilities or other specific needs, or who have a good reason why they cannot participate in the hearing. Respectfully, [Clerk of the Justice Court] [Name of Justice of the Peace] [Justice of the Peace, Precinct X] Page 2
Important Information on Remote Hearings in Civil Cases 1. A lawsuit involving you has been filed: A lawsuit has been filed against you in Justice Court, Precinct [X] or you have filed a lawsuit in Justice Court, Precinct [X]. If a court hearing is held in your case, you will be sent a notice of hearing telling you the date and time that a judge will hear your case. In some cases, like evictions, the notice of hearing is attached to the packet of information that is served on you by a sheriff, constable, or process server. Always check to see if a notice of hearing was included in that information. 2. Your court hearing will be held online, not at the courthouse: Your court hearing will be held online through a software application called [Zoom/WebEx]. Please do not go to the courthouse. 3. Contact the court immediately if you cannot participate in the hearing for the following reasons: Please contact [the court coordinator, clerk, etc] at (xxx) xxx-xxxx or [email address] if: a. You do not have the technology or ability to participate by Zoom (See attached information for details); b. You need reasonable accommodations for yourself or a witness with disabilities; c. You need an interpreter for yourself or a witness, including which language(s) are needed; d. You have evidence to help prove your side of the facts but are not able to send it to the judge and opposing party in the way we’ve asked you to send it (See attached information for details); or e. You are asking the court to delay the hearing for a good reason. 4. If you do not attend the hearing, there could be serious consequences: If you fail to attend any remote or in-person hearing, the court is likely to rule against you or dismiss your case if you are the one who filed it.
How to Participate in a Remote Court Hearing and What to Expect 1. Contact the Court with your email address and phone number: Please contact [the court coordinator, clerk, etc] at (xxx) xxx-xxxx or [email address] and provide the following information: a. [Personalize for your court’s requirements] b. [IF APPLICABLE] Your Email Address: The court must have your email address no later than noon at least three business days before your hearing (e.g., if your hearing is on a Monday, the court needs it by noon on the Wednesday before your hearing. If one of those days is a holiday, then it’s needed by noon on the Tuesday before your hearing). i. The court may email you about your case, such as letting you know about a delay in the hearing date. The opposing party may email you evidence they have against you. ii. It is important to check your email daily for information about your case. Check your spam or junk folders in your email account too, in case emails from the court or opposing party get sent to those folders. iii. You will need to email the judge and the opposing party any evidence you have that helps prove your side of the case. c. [IF APPLICABLE] Your Phone Number: The court must have your phone number at least one business day before the hearing. The court will call your phone number if there are any technical difficulties during the hearing. Page 3
2. How to Participate in the Hearing Using Zoom: It’s best to use the video function of Zoom because it allows you to see the judge, the other party, the witnesses, and the evidence that is used against you. If you’re unable to use the video function, or if you experience a technical problem with the video feature, you can also participate in the hearing by calling the Zoom phone number provided. If you call in to the hearing, you do not need anything more than your phone and the ability to make a call. a. Items Needed: To use Zoom’s video function, you need to have a computer, tablet, or cell phone that has a video camera, a microphone/speaker, and reliable access to the internet. If you do not have these items, please contact the [court coordinator] at (xxx) xxx-xxxx or [email address]. [Note to courts – Please list a telephone number and an email address because they cannot email you if they lack the equipment/internet and are unlikely to have a phone with data.] b. Download Zoom: Download Zoom on your computer or smartphone at https://zoom.us/. You do not need to set up a Zoom account to use Zoom for the hearing. Another way to download Zoom is to click on the Zoom link provided by the court. It is best to download Zoom at least a day before the hearing in case you have any difficulty. c. Join the Court Hearing: i. Go to https://zoom.us/join (or open up Zoom on your device or computer) and enter the Meeting ID to the Zoom link listed in your notice of hearing, then click the “Join” button. ii. Enter your name as it appears on the notice of hearing. iii. If a meeting password was provided to you, enter the meeting password. iv. Choose either “Call using Internet Audio” to use the speakers in your computer or “Dial In” if you’d prefer to use your phone to speak and listen to the hearing. v. When you first join, you may be placed in a “waiting room” until the judge starts the hearing. You cannot see or hear the proceedings from the waiting room. The judge and/or the court coordinator can see you are in the waiting room and will allow you into the hearing when it’s time for you to participate. vi. The judge will make sure you can hear and talk and go over all the rules. vii. You will see each person and their name on the call. If someone does not have a video camera and is only participating by phone, you will only see their name. The person who is speaking will be highlighted by a green square box. viii. Be aware that background noise can cause problems. It is best to mute yourself when you are not speaking. ix. Your hearing is live and may be recorded. Everyone can hear what you say and the hearing may be open to the public. If recorded, it should be deleted after the hearing. x. The judge will decide most cases at the end of the hearing or will tell you when a decision on the case will be made. 3. What Happens if You Do Not Show Up at a Trial: a. If the person who files the lawsuit (the Plaintiff) does not show up, the case may be dismissed. b. If the person who was sued (the Defendant) does not show up, the court is likely to issue a “default judgment,” which means that everything the Plaintiff says is assumed to be true and the Defendant will lose the case. c. If you have a good reason that you cannot be at the hearing on the date and time that it is set, you should contact the court and the opposing party and ask for the hearing to be set on another day and time. Page 4
4. Evidence: a. What is Evidence?: Evidence is information that proves something or explains why you disagree with what the other party is telling the court, such as documents, pictures, or video. It can also include testimony from witnesses or the parties. b. Email Your Evidence by [Insert your court’s requirements]: If you have any documents or pictures that help you prove your case, you must email them to the court at [insert email address] and to opposing parties (or their lawyers) using the contact information listed in the court documents no later than [insert your court’s requirements]. If you don’t, the court may not allow your evidence to be considered at the hearing. [Note to courts: Requirements regarding the submission of evidence for a remote hearing should mirror the requirements of the submission of evidence for in-person hearings as much as possible. For example, if your court allows participants to submit evidence during an in-person hearing, participants should be allowed to do so during a remote hearing.] c. Evidence Too Large to Email: If you have evidence that is too large to email, such as a video, contact [the court, etc] at [xxx-xxx-xxxx] for information on how to submit that evidence. d. How to Email Your Evidence: i. Scan the evidence or take a photograph of it with your cell phone/camera. Some free apps on phones such as CamScanner, Scanbot, or Adobe Scan can also help you scan documents so you can send them by email. Once they’re scanned, check to make sure the documents can be easily read or seen. ii. Create an email to the court and the opposing parties (or their lawyers). List the full Cause Number of your case (the unique number assigned to your case that is listed at the top of the petition, which was attached to the citation you received), and “[Your Name]’s Exhibits” in the subject line. iii. Upload or attach your evidence to the email. iv. Make sure to put your name and the name of all the parties in the email and state that you will be using the attached documents as evidence in your hearing. v. Send your email, and if possible, save a copy to prove that you sent it. You can find emails that you send in the “sent” folder of your email. You can send yourself the email by putting your email address in the “To:” or “Cc:” line when you send the email to other parties, their lawyers, or the court. e. No Ability to Email?: If you do not have the technology or ability to email your evidence, contact [the court] at [xxx-xxx-xxxx] or [email address] for information on how to submit your evidence in another way. 5. Witnesses: a. If you have any witnesses to help you prove your case, they must attend the Zoom hearing. b. Unless they are calling in by phone to the Zoom number, it is your responsibility to make sure all witnesses have: i. Access to the internet and a separate computer, tablet, and laptop with a video camera and speaker. If everyone is sharing the same setup, everyone must be able to be clearly seen and heard; ii. The correct Zoom link and meeting information; iii. Access to any evidence that you or the opposing party have; and iv. A valid form of identification to verify their identity over the video feed. Page 5
c. If any witness needs an interpreter, contact [the court] at [xxx-xxx-xxxx] at least [X] days before the hearing.
6. Other Helpful Resources, Forms, and Information a. State Bar Referral Directory. It is always best to have a lawyer represent you. If you cannot afford a lawyer, you may want to contact legal aid and pro bono organizations in your area for help. The Legal Access Division of the State Bar of Texas publishes a list of local and statewide legal aid and pro bono providers as well as lawyer referral services in their Referral Directory at https://www.texasbar.com/Content/NavigationMenu/LawyersGivingBack/LegalAccessDivisi on/ReferralDirectory.pdf. [Note to courts - If you know them, it’s best to list the local legal aid organizations with their phone number instead of linking to the Referral Directory, which is a very large and somewhat daunting publication.] b. Texas Law Help. https://texaslawhelp.org/ is a website that provides free legal information and resources to the public. It also has a LiveChat feature for low-income people. It is hosted by the Texas Legal Services Center, a nonprofit legal aid organization. c. The Texas Justice Court Training Center has useful information and forms for justice courts at https://www.tjctc.org/SRL.html. d. Tips for Self-Represented Litigants in Zoom Hearings: The Texas Access to Justice Commission developed some tips for people who are representing themselves in an online court hearing which can be found at https://www.txcourts.gov/media/1447320/texasatjtips-for-self-represented-litigants-on-zoom-hearings-and-court-processes-procedures.pdf. e. [Note to courts - Add any other low-cost or free legal resources in your area, including any forms, brochures, information, etc., that your court provides.]
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Remote Court Hearings
Appendix E
A remote court hearing is when some or all of the people participate by video or by phone. Read below to know how to prepare for a remote hearing. How do I know if I have a remote hearing?
Get Your Space Ready!
The court will notify you if your hearing is remote. They may contact you by U.S. mail, email, or phone. They will also notify the other parties in your case.
• Find a quiet place where no one will interrupt you. • Have all your papers ready, including a list of what you want to say to the judge. • Know what time your hearing starts and how to log on or what number to call.
What if I don’t have Internet or a phone? Contact the court as soon as possible. They may: • Postpone the hearing until everyone can participate safely, or • Help you find a way to participate, such as free hot spots, or access to a free phone or Internet. What if I cannot join at the scheduled hearing time? You must have a good reason why you cannot be present at the scheduled time. And you must tell the court before the hearing. Go to your court’s website. It will explain how to contact the court. Will the court tell me how to join the remote hearing? Yes. The court will send you instructions on how to join your remote hearing by video or by phone. Courts may use different apps and processes. Visit your court’s website or call your court to find out how your court does remote hearings. How to Get Ready for Your Remote Hearing
Look Good! Set the camera at your eye level. If using your phone, prop it up so you can look at it without holding it. Look at the camera, not the screen, when you speak. Dress neatly. Wear soft solid colors. Sit in a well-lit room, not too dark, not too bright. No bright lights behind you.
• • • •
Sound Good! Pause before speaking in case there is any audio/video lag. Mute yourself when not speaking to improve sound quality. Say your name each time you speak. Talk slowly and do not interrupt.
• • • •
What should I expect during the hearing?
1
When you first join, the judge will take you from a “waiting room” to the “hearing room.” Only the people in your case will be in your hearing room.
Download Zoom (or other app your court uses). Practice with the app so you feel comfortable.
2
The judge will make sure you can hear and talk, and go over all the rules.
Charge your computer or mobile device. If you are calling in by phone, make sure you have enough minutes.
3
You will see a picture or name of each person in your hearing on your screen. The first one you see is the person who is speaking.
Make sure you have good Internet connection.
Use earbuds or headphones, if you can. This frees up your hands, and improves sound quality. Email the court any evidence, like documents or photos. Tell the court if you have witnesses. The court will tell them how to join the hearing. Tell the court if you need an interpreter or a reasonable accommodation. The court will arrange it for you. Adapted for Texas from a Transcend.net resource
4
Your hearing is live and may be recorded. Everyone there can hear what you say. It may even be open to the public.
5
The judge decides most cases at the end of the hearing. Important! You may be connecting from home, but it is still a court hearing. Pay attention, and follow all rules.
Need legal help? TexasLawHelp.org
Appendix F
How to Use
with Interpreting for your Court Hearing
Many court hearings are now remote. That means some or all of the people participate by video or by phone. Read below to learn about interpreters in your remote court hearing on Zoom.
1 Get ready before the meeting!
Make sure you have good Internet connection.
Download the most recent version of Zoom to your computer, tablet, or smart phone.
Charge your computer or device.
Practice the steps below.
Make sure your camera, microphone, and speakers work.
2 Connect Early! 1
Click the Zoom meeting link you received at least 10 minutes early. (You must join by clicking the link – do NOT call the phone number!)
4
Once the Court turns the interpretation function on, click on the globe. Select the language you want to speak in and hear. It is best to speak only this language during the meeting.
For the best experience, use Zoom from a computer. 2
3
Click Mute and Start Video.
5
Click Manage Participants,
Select Mute Original Audio.* * If you do not click Mute Original Audio you will hear the interpreter and the person speaking in the other language.
Then More and Rename to insert your name and gender pronoun.
Talk slowly. Pause often. The interpreter needs time to interpret. Do NOT interrupt anyone. 6
Learn more about Zoom with interpreting at: https://www.youtube.com/watch?v=ITeuzyadUvc
Click Mute when you are not speaking.
Adapted for Texas from a Transcend.net resource
August 14, 2022 TO: Supreme Court Advisory Committee (SCAC) FROM: Hon Roy B. Ferguson, 394th District Court IN RE: Remote Court Proceedings
I preside over the 394th Judicial District, which includes five counties in far west Texas, covering roughly 20,000 square miles. It is a rural court of true general jurisdiction. We transitioned to remote proceedings within a week of the March 13, 2020 lockdown, and as a result never ceased operations. Although I fully reopened for in-person proceedings in 2021, over 95% of my current docket remains remote, by request of the litigants and attorneys. Attorneys in my court overwhelmingly want remote proceedings to continue. In a poll I conducted last year, 98.3% of all attorneys who appeared remotely in the 394th District Court during the lock-down wanted remote proceedings to continue post-pandemic. Justice Busby asked that we share our experiences with remote proceedings over the last three years. As a Commissioner of the Texas Access to Justice Commission, a member of the Remote Proceedings Task Force, and an early adopter of remote proceedings, I am pleased to do so. I have observed three major impacts of implementing remote proceedings in the 394th Judicial District Court: (1) greatly increased litigant participation, (2) transformed court efficiency, and (3) expanded options for representation. Many people in rural areas are for the first time able to access the court system in a meaningful way. Remote proceedings have revolutionized the legal system, and constitute the greatest improvement in access to justice since Gideon gave every criminal defendant the right to free legal representation. I have seen a fundamental shift in appearance rates in all areas of litigation. Default judgments, failures to appear, criminal bond forfeitures, and DWOPs are all down. This results in higher quality of justice, and in turn frees up the Court’s time to focus on resolving cases rather than chasing down missing parties. In child welfare cases, parents and foster families now appear for almost every hearing. Historically, having both parents at a hearing was rare. One parent may be incarcerated or in a rehab center. And as rare as it was to have both parents attend in person, having foster families in the courtroom was even more so. It almost never happened. Most foster placements are outside of the District, hours away from the courthouse of venue. The home may have multiple foster children attending school. Foster parents have the statutory right to address the court at each hearing. With in-person hearings, it was effectively impossible for them to do so. Furthermore, all attorneys usually reside outside the county of venue – most (including the CPS representatives) traveling up to 3 hours from El Paso to the courthouse. Those attorneys must leave their homes at 5 am to make a 9 am in-person setting. Expecting a foster family to make the same trip was not realistic. Now, I require that foster families have Zoom access in order to receive a placement in my jurisdiction. They appear at over 90% of our hearings, vastly 1
improving the court’s ability to monitor the child and quickly address problems. I’ve had sameday emergency hearings numerous times, and once I was able to remove a child from an out-ofcounty foster placement within hours of a violent incident. I am also able to hold more frequent permanency hearings, helping all involved better respond to and protect the needs of the child. And the child can now appear remotely for all settings without missing two days of school. In other family law cases, the Texas Family Code requires that the court review all agreed property divisions and custody orders to confirm that they are just and right, and in the best interest of the child, respectively. The trial court should also never enter void orders, or ones that violate Texas law. These requirements take on greater importance with the many self-represented litigants who attempt to use the Supreme Court’s family law forms. Self-represented litigants now account for a majority of family law parties in my jurisdiction. Nonlawyers typically do not understand the Family Code, and usually make major mistakes in preparing their documents. I’ve seen nonparties awarded custody of the children, unenforceable possession orders, requirements that the ex-husband vet the ex-wive’s future boyfriends, and child support orders that allow the paying parent access to the primary parent’s bank records in order to veto expenditures of the child support funds. In addition, “agreed” orders may serve to perpetuate abuse of a powerless spouse. I’ve seen and corrected indigent mothers who get custody of the children “agreeing” to waive child support; parties unwittingly forfeiting separate property; violently abusive spouses strongarming 100% of the marital estate; and registered sex offenders and drug addicts getting unrestricted standard possession. Historically, only one party appeared to “prove-up” the agreement, which hampered the court’s ability to correct erroneous orders. Now, both parents appear remotely for the final hearing—sometimes even from other countries. As a result, the average pro-se divorce in my court is completed within 75 days (two weeks after expiration of the statutory “cooling-off period”). I am better able to detect and correct violations of Texas law or proposed orders that potentially harm children, which results in a dramatically higher quality of justice and avoids future corrective litigation that unnecessarily bogs down court dockets. My criminal caseload has enjoyed an even greater positive impact. The 394th includes over 20% of the US-Mexico border, and contains numerous Border and Customs checkpoints. The main checkpoint on Interstate 10 between El Paso and Sierra Blanca lies within Hudspeth County and historically results in approximately 500 felony indictments per year. As a result, over 90% of those cases involve out-of-state defendants. The vast majority are low-level drug charges resolved by misdemeanor plea bargains with small fines. Without the option for remote proceedings, these defendants must return, in person, up to three times at great expense, to enter a plea agreement—wasting funds that they could use to pay fines and resolve cases more quickly. A substantial number of out-of-state defendants who wanted to resolve the charges were financially unable to make the trip. This resulted in bond forfeitures and warrants, requiring extradition to Texas from their home states—not because they were dangerous, but because they were poor. Approximately 75% of our felony criminal defendants qualify for court-appointed counsel under the Court’s indigency standards, but there are few private attorneys in the District available for
2
felony court-appointments—none in Hudspeth County, none in Culberson County, one in Presidio County, one in Jeff Davis County, and two in Brewster County—in an area larger than nine states and bisected by an interstate highway. We therefore created the Far West Texas Regional Public Defender Office four years ago to provide low-income defendants with representation. However, in cases involving multiple defendants, the PDO can only represent one defendant. Drug conspiracy cases, and, most recently, dozens of human trafficking cases, involve multiple co-defendants, all of whom require their own attorney. Without remote proceedings, I am unable to find enough attorneys who are willing to assist for the paltry funds paid for such representation. The counties cannot afford to pay travel costs and time, and I cannot compel unwilling attorneys to accept such representation. Having the option of remote proceedings in the last two years enabled the court to move these cases, because we could appoint attorneys anywhere in the State. I hold writ hearings and grant mandatory release of unconstitutionally incarcerated defendants on a daily basis for the four jails in the District, rather than waiting until I have a free day to make it to that county—even when sitting by assignment in other parts of the State. Finally, by allowing defendants to appear for court from jail or prison in other counties, cases are resolved more quickly without forcing law enforcement to transport prisoners back and forth on competing bench warrants. Remote appearances are faster, cheaper, more efficient, and better for all aspects of the justice system. Both defendants and attorneys strongly favor continuation of remote proceedings in criminal cases in far west Texas. Remote proceedings revolutionized multicounty court efficiency, where one judge presides in multiple courthouses. Previously, I would travel every day, up to four hours per day, from county to county, holding hearings and dockets. This meant that approximately three weeks per month were filled with mundane settings and driving, leaving only one week per month available for jury trials. Now, through remote proceedings, those regular dockets are stacked with multiple counties on the same day, without lost travel time, and are often all completed within a week to ten days, leaving two or even three weeks for jury trials and other contested matters. Unlike many Texas courts, my dockets are current, and my jury trial backlog is shrinking rapidly. (Although I held one fully remote jury trial during the lock-down, it was by agreement and request of the parties. I do not intend to force remote jury trials on anyone. All my jury trials are in-person.) Far west Texas is a “legal desert.” Two of my counties have no attorneys in private practice at all. In order for residents to obtain legal representation, they must retain lawyers from outside the District. Prior to the lockdown, only the wealthiest litigants could afford to hire these lawyers, and if the case dragged on, the litigant with the deepest pockets often won simply through attrition. (We called it, “out money’ing the other side.”) With remote proceedings, we now have lawyers (many board-certified in their practice areas) appearing in cases here from Dallas, Houston, Austin, and San Antonio, for litigants who would otherwise struggle to find and afford representation. These lawyers often call the clerk to find out whether we are still using remote proceedings before accepting representation. I’ve been told by those lawyers that if I go back to in-person, they will withdraw from pending cases and refuse all future representation in the area. The travel time is simply cost-prohibitive for their clients, for most residents of the region, and for all low-income residents. (It’s important to note that the same result would occur if lawyers 3
were given control over whether a proceeding was remote or in person. Remote proceedings would be weaponized against lower-income Texans, and in-person proceedings would be reduced to a litigation tactic.) This cost savings is not unique to rural areas. When I practiced in Houston, I would commonly get on the highway before sunrise to make an 8:30 am setting downtown, and would then sit and wait for half a day or more for my case to be called—all at the expense of one client. With remote proceedings, we eliminated cattle-call dockets. Lawyers know what time their case will be called, and can appear, participate, and leave with a minimum of wasted time. In remote rural areas, this can save as much as 90% of legal fees for each hearing. For most Texans, this alone is the difference between having representation, and not. And to my recollection, I have not had a single withdrawal of counsel for nonpayment since implementing remote proceedings. The attorneys and parties strongly favor remote proceedings for evidentiary hearings as well. For the last six months, I have offered lawyers and litigants the option of remote or in-person format for all requested evidentiary hearings. To date, they have requested in-person proceedings less than 5% of the time, and when notified by the court that a hearing would be in-person anyway, at least one party has objected every time. Simply put, litigants, lawyers, court staff, clerks, jails, and law enforcement are better served in rural areas through the availability of remote proceedings. I would be happy to attend a Committee meeting (remotely or in-person) and discuss my experiences with remote proceedings, if requested. Until then, I remain, Very truly yours,
Roy B. Ferguson Judge, 394th Judicial District Court
4
X It helps everyone, not just LEP persons
X Demographics
X Investing in language access reduces other costs
more likely to comply
X When litigants understand what is happening they are
information and helps the judge or jury reach a just decision
X Quality interpretation helps the fact finder get accurate
X Due process
upholding the legitimacy of the court system
X Providing access to justice for LEP people is part of
Why do we care about language access?
Briana Stone, Civil Justice Attorney
Trish McAllister, Executive Director
Advancing Language Access in Texas Courts: First Steps
3
Exhibit J
2
4
sent strongly worded Letter to State Courts re language access
X 2010 - launched Courts Language Access Initiative and
X 2002 - 67 Fed. Reg. 41,455 aka “the DOJ guidance”
ability is national origin discrimination prohibited by Title VI (SCOTUS, 1974) X Executive Order 13166 (2000) X Dept. of Justice
X Lau v. Nichols - discrimination based on English language
Act of 1968 prohibit national origin discrimination X 28 CFR § 42.104 – implementing regulations (1966)
X Title VI of the Civil Rights Act of 1964 and the Safe Streets
Federal Language Access Law
availability of services to ensure that access is not significantly restricted, delayed or inferior as compared to English proficient individuals.
X Implies the existence of laws and policies and the
proficiency (LEP) are entitled to equal access to the courts.
X Shorthand for the idea that people with limited English
X Language access
English or who has difficulty speaking, reading, writing, or understanding English.
X Someone whose primary language is something other than
X Limited English Proficient (LEP)
Defining terms
X Languages other than Spanish
X Estates Code Section 1054.005 and 1155.151
2.
1.
unless the Statement has been contested and denied by a court. 8
provide their own interpreter or pay the costs attributable to the services of an interpreter
Afford Payment of Court Costs under the Texas Rules of Civil Procedure is not required to
attributable to the services of an interpreter, a party who files a Statement of Inability to
(a-1) Notwithstanding any other rule or law requiring the payment of costs
witness in a civil or criminal proceeding in the court.
for the appointment of an interpreter or provider is filed by a party or requested by a
Interpreters must be qualified & competent
b.
Data Collection
individual who can hear but does not comprehend or communicate in English if a motion
an individual who has a hearing impairment or a licensed court interpreter for an
Low-income litigants must not be charged for interpreters
Harmonizing current Texas law
Sec. 57.002. APPOINTMENT OF INTERPRETER OR CART PROVIDER; CART PROVIDER LIST. (a) A court shall appoint a certified court interpreter or a certified CART provider for
a.
7
X Evaluating our current licensing and regulation framework
X Local Government Code Section 152.903
Proposed Change to Government Code
X Supply of interpreters
X Health & Safety Code Sections 571.017 and 571.018
The Path Forward: Where do we begin?
X Leveraging Technology
X Family Code Sections 81.002 and 81.003
6
X Funding
X Code of Criminal Procedure 38.30
5
X Consolidating and improving statutory framework
level
X Civil Practice and Remedies Code Chapter 21
X Rule of Evidence 604
X Improved coordination at the state and local/regional
X Collecting better data
X Government Code Chapter 57
X Rule of Civil Procedure 183 (& 145)
Room for Improvement
Texas Language Access Law
X Executive Director X tmcallister@TexasATJ.org
X bstone@TexasATJ.org
Trish McAllister
X Civil Justice Attorney
Briana Stone
9
Any person may be subpoenaed, attached or recognized in any criminal action or proceeding, to appear before the proper judge or court to act as interpreter therein, under the same rules and penalties as are provided for witnesses. In the event that the only available interpreter is not considered to possess adequate interpreting skills for the particular situation or the interpreter is not familiar with use of slang, the person charged or witness may be permitted by the court to nominate another person to act as intermediary between the person charged or witness and the appointed interpreter during the proceedings.
Each month, Texas courts shall report to OCA the following data relating to providing
When a motion for appointment of an interpreter is filed by any party or on motion of the court, in any criminal proceeding, it is determined that a person charged or a witness does not understand and speak the English language, an interpreter must be sworn to interpret for the person charged or the witness.
The total cost of interpreter services.
granted or denied, and the level of interpreter qualification if known; and
The number of interpreter requests by language, including the number of requests
witnesses, and court patrons;
The number of limited English proficient litigants, and if possible, the number of LEP
pursuant to Section 72.082, Government Code.
Language Access data should be included in OCA’s annual performance report published
(3)
(2)
(1)
proficient individuals.
10
interpretation in court necessary to provide meaningful access to courts for limited English
Proposed Language Access Data Collection
Code of Criminal Procedure Art. 38.30
YELLOW BOARDER IS THE TRIMLINE
Exhibit K
Thank You for Making a Difference in Thousands of Lives Across Texas.
2022 CHAMPION OF JUSTICE SOCIETY MEMBERS GUARDIAN
HERO
David J. Bertoch David Anthony Bloomer Sara E. Dysart John Fleming Michael W. Hilliard Christopher Hollins Roland Johnson Alexander Knapp Dwaine Morris Massey Peggy Montgomery Harry Max Reasoner Corrie Thomas Reese Leah Linda Stolar Terry O. Tottenham Carlos M. Zaffirini, Jr.
John Abramowitz Barry Abrams Paul E. Anderson Kurt Brynilde Arnold Charles Lynde Babcock Carol M. Barger Sharon Beausoleil David Beck Ron Dale Betz Hugh T. Blevins Eric Boettcher T. David Bond Paul Talmage Boston Marian Lyia Brancaccio Diane Brewer Wendy Castellana Clinton F. Cross
$1,000+
$5,000/5 years
Sabrina Dimichele DLA Piper Pablo Franco Hon. Thomas C. Fuller Robert Gage Pete Gallego Roland Garcia Andrew Gould Claire Grace Peter Hansen Lynda Harbove Fatima Hassan Renee Hemmasi George B. Hernandez Daniel Hopper Dee Dee D Hoxie Jason Aron Itkin
Benedict James Lawrence Kelly Thomas Craig Kildebeck Ronald Kirk Wail Klio Carol Chapman Kondos Michael Lam Hon. Michael C. Massengale David R. McAtee II Harriet E. Miers Meredith Morrill Robert T. Mowrey Charles W. Nichols Tammi Niven Wendy Marie Parker Alexander Piala
Ann Kaylene Ray S. Theodore Reiner Scott E. Rozzell Philip Sellers Hon. Jan Soifer Matthew R. Stammel Joel Jay Steed Bill Stutts Will Sutton David Richard Tippetts Robert L. Tobey Cynthia Hoff Trochu Bill Wallander Jonathan Werlang Allen Eugene White Thomas Clark Wright Paul Yetter
DEFENDER $500 to $999
Joseph Abraham Hon. Federico G. Hinojosa Riddhi Dasgupta James M. Alsup John Loring Howard Mario Davila Theodora McShan Anastaplo Carol E. Dinkins Ann Howard Elizabeth Anne Apperley Jeanine Hudson James Drummond Kevin Barnes Carmen Irene Huerta-Perez James Robert Evans Leo L. Barnes Megan Johnson Quinton Alan Farley Chad Baruch Georgia Jolink Hon. Roy B. Ferguson Kathryn Betts Jason Joy Matthew Florez Rebecca Bishop William M. Katz John Floyd Ronnie Earl Bounds Eileen Keiffer Julia Patterson Forrester Eugene Aycock Brooker Caroline Rene Kirksey Hon. William R. Furgeson Brian Broussard Robert Klausner Cintia Galvan Hon. Brett Busby Stephanie Lynn Koury Kevin Bernard Gerrity Bruce Cameron Robert Bruce Laboon Robert T. Givens Christie Lynne Cardon Larry De-Wayne Layfield Michael Louis Goldstone Christopher Cauble Joseph Everett Leblanc Damian Gomez Michael Caywood Nathaniel Lounsbury P. Rowland Greenwade Chase Cobb Thomas C. Lowry Stanley Griffith Meghan Elaine Griffiths Nancy M. Conaway Keith Lutsch Jose Guerrero Richard Alfred Cort Elizabeth E. Mack Carl Gustafson Scott Wagner Cowan Luke Madole Patricia M. Hanson Parker Cragg Nick Maram Simon Harrall Karen Crawford E. Pierce Marshall, Jr. Mark Edward Heidenheimer Lori Mason Katrina Crenshaw David George Matthews Daniel K. Hennessy Thomas Joseph Daniel
Patricia McAllister Sheila R. McIlnay Richard Melamed Susham Modi Katherine Morgan Michele Morrison Stephen S. Mosher Kelly M. Murray Karen Sue Neeley Dean W. Frank Newton Frank H. Newton Retha Niedecken Kurt Nondorf Wayne K. Olson Robert W. Pearson Joseph Stuart Pevsner Michael V. Powell Howard K. Prol Paul E. Pryzant Michael Lee Riggs Aleed Janet Rivera Penny Robe Richard Rosalez Edward B. Rust Stacey Beth Saunders
Allyson Seger Stacy Sharp Daniel J. Sheehan Alfredo Silva Stuart Charles Smith Brenda Smith Connie Diane Stamets Linda Thill Michael Thomas Sunny Thompson Fangzhong Tian Paul R. Tobias Gregory S. Torrance Ben Vaughan Lora Warren Mary Riley Wechtenhiser Luke Abraham Weedon Barbara C. Wingo John Douglas Wittenberg T. B. Wright Lori Wrotenbery Richard Zansitis Matthew Zarghouni (as of September 7, 2022)
The support of donors like these is critical to improving access to civil legal aid for low-income Texans. Become a Champion of Justice Society Member. Visit TexasATJ.org and join the growing community of access to justice supporters who are making access to the courts a reality for everyone.
TexasATJ.org
@TexasATJ
Exhibit L
2022 CHAMPION OF JUSTICE LAW FIRMS
Thank You to Each Champion of Justice Law Firm for Making a Difference in Tens of Thousands of Lives Across Texas. Highest Amount Raised
Boutique (10-19 Attorneys)
Small (20-44 Attorneys)
Medium (45-89 Attorneys)
Large (90+ Attorneys)
Highest Percentage of Attorney Participation
Witherite Law Group Motiva Enterprises LLC (tie) Hedrick Kring Bailey PLLC (tie) Reynolds Frizzell (tie) Schulman, Lopez, Hoffer & Adelstein, LLP (tie) Rusty Hardin & Associates, LLP
Motiva Enterprises LLC (tie) Schulman, Lopez, Hoffer & Adelstein, LLP (tie) Reynolds Frizzell (tie) Bailey Cowan Heckaman PLLC (tie) Phillips Murrah P.C. (tie) Shipley Snell Montgomery LLP (tie) Wood, Boykin & Wolter, P.C. (tie) Nathan Sommers Jacobs (tie) Witherite Law Group Hedrick Kring Bailey PLLC
Scott Douglass & McConnico LLP Chavez Legal Group McDowell Hetherington LLP
Duggins Wren Mann & Romero, LLP Scott Douglass & McConnico LLP (tie) Zelle LLP (tie) Lynch, Chappell & Alsup, PC (tie) Davidson Troilo Ream & Garza (tie) Touchstone Bernays
Sheppard, Mullin, Richter & Hampton LLP Andrews Myers, P.C. Wright Close & Barger, LLP
Andrews Myers, P.C. Sheppard, Mullin, Richter & Hampton LLP Carrington, Coleman, Sloman & Blumenthal, L.L.P.
Vinson & Elkins LLP Hunton Andrews Kurth LLP Susman Godfrey LLP
Susman Godfrey LLP Vinson & Elkins LLP Norton Rose Fulbright US LLP - Dallas
The Champion of Justice Law Firm Competition is an annual event. For more information, contact Trish McAllister, tmcallister@texasatj.org or 512-427-1855. Learn more about the work of the Texas Access to Justice Commission at www.texasatj.org. TexasATJ.org
@TexasATJ
Attachment 1
Report to the Supreme Court of Texas January – November 2022
The Texas Access to Justice Foundation (TAJF) is the leading funding source for civil legal aid in Texas. Since its inception in 1984, the Foundation has granted more than $900 million to nonprofit organizations in Texas to provide free legal services to disadvantaged Texans. Civil legal aid provides access to legal help for people to protect their livelihoods, their health, and their families. With TAJF funding, legal aid organizations provide assistance in civil matters to more than 100,000 low-income Texas families each year. Legal aid continues to struggle to meet the demand for services in our large, diverse state. Approximately 5.2 million Texans qualify for legal aid, and Texas has the second-highest number of poor people in the nation. To qualify for legal aid, a person must not earn more than $16,988 per year. A family of four must not earn more than $34,688 per year. The Foundation has been able to obtain and leverage federal funds for housing issues and are grateful for continued funding for legal aid from the Texas Legislature through the Supreme Court budget. The revenue from the Interest on Lawyers’ Trust Accounts (IOLTA) program is rising slowly with higher interest rates. The 34 legal aid programs funded by the Texas Access to Justice Foundation help disadvantaged Texas with critical civil legal issues impacting their very existence, such as families fleeing domestic abuse; elderly wrongly denied life-sustaining prescriptions; veterans denied critical medical care, disability, and other benefits; and families evicted from their homes. In addition to awarding grants to non-profit legal aid programs, the Foundation supports pro bono programs of local bar associations, law school clinical programs, a law student loan repayment assistance program to attorneys choosing a career in public service law, as well as post-graduate fellowship work through the Equal Justice Works program. The Foundation is committed to supporting the critical legal aid work in our state and finding additional ways to support these efforts. This annual report contains information on new initiatives in 2022, as well as updates on funding, and our grant awards and outcomes for the year. New Legal Aid Office – Uvalde The Texas Access to Justice Foundation funded the opening of a new legal aid office in Texas for the first time in more than a decade. TAJF used state funding for a new location of Texas RioGrande Legal Aid in Uvalde. The new office, which opened in October, is an important expansion for this rural community suffering from the recent tragedy at Robb Elementary.
Texas Access to Justice Foundation Report, January – November 2022
Page 1
While legal aid has always been available in the community, TAJF and TRLA recognized the need to prioritize a physical presence to help meet the legal needs in this remote, underserved area of the state. On September 26, TAJF and TRLA representatives meet with local elected officials – including Uvalde 38th District Court Judge Camile Dubose, Uvalde County Judge William R. Mitchell, and County Commissioner John Yeackle, the executive director of the Uvalde Chamber of Commerce – to work together to create clear channels of communication in anticipation of the office opening. Strategic Planning The Texas Access to Justice Foundation began a strategic planning process in 2021 to evaluate the priorities for funding in the coming years, with a focus on the work needed to ensure justice for all Texans. The planning involved harnessing key positive impacts of the COVID-19 pandemic on access to justice for low-income persons relating to court access. The process also involved an exploration of how TAJF can work effectively to support fairness, inclusion, and respect in its own operations, and further such work among its grantees. From nearly two years of planning efforts, TAJF is now operationalizing the two initiatives that emerged: 1) Remote Court Access, and 2) a Fairness, Inclusion and Respect Plan. Remote Court Access The virtual courtroom, commonly known as the Zoom hearing, was born during the COVID-19 pandemic. This innovation expanded access to justice and increased court participation for tens of thousands of self-represented litigants, who pre-pandemic found attending court in-person difficult. Barriers such as lack of internet access or inability to understand the process, however, make it difficult and sometimes impossible for low-income people to participate effectively. TAJF, with the invaluable assistance of its board of directors, began the process of developing solutions for this challenge. Also involved was the Texas Legal Services Center (TLSC), which provides legal information and services throughout the state, in part through its web-based legal information system, TexasLawHelp.org. This planning process culminated in the TAJF Board’s award of two Remote Court Access Grants to the TLSC. Remote Court Access Grant A funds TLSC to use TexasLawHelp.org to create and host content (including articles, guides, and videos), to explain how to participate in virtual hearings, and to provide legal information to individuals representing themselves. Grant B funds TLSC for a pilot project to build 25 virtual court kiosks and fund navigators who will provide technical support to the kiosk users. Kiosks are free, private spaces with equipment and reliable internet services for virtual hearings to be located in places convenient to low-income clients, such as community centers, shelters, clinics, and libraries. The Supreme Court, through an exceptional item in its budget request to the Legislative, is asking for additional funding for this project to fund approximately 250 kiosks throughout the state. Fairness, Inclusion, and Respect (FIR) Plan TAJF is in the first year of a three-year strategy focused on two identified needs for the legal aid community: a) internal program systems and culture; and b) understanding client communities. The overriding goal is to educate and support the legal aid
Texas Access to Justice Foundation Report, January – November 2022
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community in Texas (beginning with an internal review) to be accountable to respect, inclusion, and fairness goals. TAJF’s provision of financial, human and learning resources will enable organizations (including TAJF) to be workplaces where employees of all backgrounds are included, respected and treated fairly, and in which client communities have fair access to services. The first step is the adoption of an Inclusive Hiring Protocol on the TAJF Board agenda in December.
FUNDING for LEGAL AID IOLTA and Increasing Interest Rates When the pandemic began in March 2020, interest rates fell drastically (0% - 0.25%) causing an immediate drop in the revenue generated by the Interest on Lawyers’ Trust Accounts (IOLTA) program. In 2021, revenue for IOLTA was approximately half of what it was prior to the pandemic. The Federal Open Market Committee strategically has been raising the interest rate since May 2022. The rate has gone up from 0.75% in May to 3.75 – 4% in November 2022. Based on the IOLTA revenue earned to date, TAJF estimates total IOLTA revenues for 2022 will be nearly $9.3 million. The forecast is that the interest rate will continue to increase to 4.6% in 2023. We project IOLTA revenue will be higher in 2023 and welcome this change that will enhance the IOLTA funding available for grants. TAJF continues to promote the Prime Partner program, which includes banks and credit unions that voluntarily help compensate for some of the loss in IOLTA revenue by paying 75% of the Federal Fund Interest rate on IOLTA bank accounts. In the rapidly changing interest climate, we have been able to secure higher rates from a few larger banking institutions, including the addition of Wells Fargo. Our Prime Partners contributed 27% of the IOLTA revenue in 2022, despite only holding 7% of the IOLTA bank balances – in effect, these banks pay triple compared to other banks. Exhibit A Partnering with TDHCA for Federal Funds to Keep Texans Housed In light of the outstanding work conducted by TAJF grantees (see Emergency Rental Assistance Program - 1 [ERAP-1] 2021-22 below), the Texas Department of Housing and Community Affairs (TDHCA) has contracted directly with TAJF to disperse an additional $767,000, and intends to award up to an additional $3.8 million in ERAP-1 funding to be expended by the end of 2022. In March, the TDHCA Board awarded TAJF $20 million in Emergency Rental Assistance Program-2 (ERAP-2) funds to continue housing stability work on behalf of lower income Texas tenants for the period that began September 2022 and ends August 2024. The funds are provided through the Emergency Rental Assistance Program from the U.S. Treasury Department, which was authorized under the Consolidated Appropriations Act in 2021. The services to be provided with the ERAP-2 funding are the same as those for ERAP-1 and include: eviction defense, help accessing local and state rental assistance where available, and other legal services that keep Texans and their families in stable housing. TAJF staff has worked diligently with TDHCA to ensure all of the original funds were utilized in a timely manner, and grantees have exceeded the performance targets. TAJF has continued to prioritize the opportunities afforded the legal aid community by ERAP funding which has enabled Texas to tackle the housing crisis, increase legal services in Texas, and develop new relationships Texas Access to Justice Foundation Report, January – November 2022
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to benefit low-income communities across Texas now and in the future. State Legislative Funding The Foundation is in the second year of biennium funding appropriated during the 87th Texas Legislative Session. The legal aid community, through the support of the Texas Supreme Court and its partners in access to justice, was fortunate to maintain its general revenue appropriation for basic civil legal services, veteran legal services and legal aid for survivors of sexual assault. The general revenue funding administered by the Texas Access to Justice Foundation for the biennium 2021-23, includes: • General revenue of $20,280,784 for basic civil legal services • General revenue of $7 million for veteran legal services • Dedicated general revenue of $10 million for Legal Aid for Survivors of Sexual Assault (LASSA) network • $5 million for legal services stemming from the opioid crisis In addition to general revenue appropriations, TAJF receives state funds through Basic Civil Legal Services (BCLS) funds, (such as the mandatory Access to Justice Fee assessed to qualifying Texas attorneys, filing fees, "And Justice for All" license plate proceeds, pro hac vice funds), certain funds received by the attorney general, and crime victims civil legal services funding. The Foundation is working with our partners at the Commission to support the Court’s legislative budget request during the upcoming 88th Legislative Session. The Court’s budget request includes an exceptional item of $10 million for remote court access and for legal services for youth (such as access to appropriate educational and other resources). Federal Funding – Legal Services Corporation (LSC) Three of the largest legal aid providers in Texas receive funds from the Legal Services Corporation: Legal Aid of NorthWest Texas, Lone Star Legal Aid and Texas RioGrande Legal Aid. For 2022, these Texas grantees received $42,905,474 from the LSC for civil legal services. The Texas LSC-funded programs also received $2.5 million in additional funding for disaster-related services stemming from Winter Storm Uri and other severe weather events.
GRANTS PROVIDED BY TAJF The Texas Access to Justice Foundation currently administers 118 grants totaling more than $96.7 million for grant year 2022-2023 to 34 nonprofit organizations that provide legal aid. TAJF grantees, which provide legal services throughout Texas, include LSC-funded programs, domestic violence programs and shelters, law school clinics, bar association pro bono programs and programs advocating on behalf of the elderly, persons with disabilities, homeless and veterans. The COVID-19 pandemic, its aftereffects and ensuing transition to normalcy, continues to generate a significant increase in the need for essential civil legal aid for our most vulnerable Texans, has impacted grants, and will continue to impact, grant funding needed throughout the state.
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TAJF-funded grantees serve families who cannot afford private counsel and who are in desperate need of legal help when they face a crisis like during the pandemic. Applicants for services include victims of crimes or domestic violence, veterans and military families struggling in civilian life, families at risk of losing their homes, workers cheated out of wages or denied lawful benefits, children who need a stable home or special education, the elderly whose economic security or health care is in jeopardy, and people denied opportunities. Grants currently administered for legal aid during the 2022-2023 grant year include: •
$39,594,389 in Basic Civil Legal Services (BCLS) to 18 grantees
•
$4,756,196 in Interest on Lawyers’ Trust Account (IOLTA) funds to 17 grantees
•
$4,816,791 in Veteran Legal funds to 13 grantees
•
$5,000,000 in Legal Aid for Survivors of Sexual Assault (LASSA) funds to 9 grantees
•
$19,900,000 in Emergency Rental Assistance Program 1 Funds for Housing Stabilization Services and eviction defense legal services from the Texas Department Housing & Community Affairs to 9 grantees for helping tenants seek rental assistance and eviction defense due to the COVID-19 pandemic
•
$20,000,000 in Emergency Rental Assistance Program 2 Funds for Housing Stabilization Services and eviction defense legal services from the Texas Department Housing & Community Affairs to 8 grantees for helping tenants seeking housing stability assistance which includes eviction defense
•
$82,141 to 1 grantee to fund the Parent Resource Helpline and $120,000 to fund the Parental Order Legal Line in partnership with the Office of Attorney General
•
$2,447,500 in Crime Victims Civil Legal Services (CVCLS) grants to 16 grantees
•
$120,000 in emergency assistance to 1 grantee whose funding support was unexpectedly discontinued to continue providing legal services
Emergency Rental Assistance Program-1 (ERAP-1) 2021-22 Building upon the success of the Coronavirus Relief Fund grantees’ work, the Foundation applied for Emergency Rental Assistance (ERA1) funding through the Texas Department of Housing and Community Affairs (TDHCA). Through the U.S. Department of Treasury and TDHCA, TAJF was awarded $20 million in Emergency Rental Assistance Program Funds for housing stabilization services and eviction defense legal services resulting from the COVID-19 pandemic. This grant funding was originally for a 17-month period, beginning May 1, 2021, and ending September 30, 2022. TDHCA has committed to extending the grant term for ERAP-1 funding until December 29, 2022 and providing TAJF grantees with an additional $3,767,000 to address housing instability throughout Texas. TAJF grantees will continue to provide a full range of legal services as appropriate, including: legal advice, brief services, and extended litigation services to tenants; negotiating with landlords; and, incorporating rental assistance program benefits for those eligible individuals facing imminent eviction actions in justice of the peace courts (JP courts) or on appeal at the county court level. While providers primarily focus on those counties and courts with high incidents of eviction cases and high levels of poverty, they remain flexible to provide assistance Texas Access to Justice Foundation Report, January – November 2022
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in other counties and courts as needed. This eviction assistance project seeks to maintain housing and improve housing stability for all clients. Services have been provided in 183 counties to date. Since inception of the services, the ERAP project has assisted: Total Households Receiving Legal Services as of 9.30.2022 16,172
Total Number of Households Served Through Housing Stability Clinics as of 9.30.2022 17,625
Total Number of Households Assisted in Applying to Texas Rent Relief Program as of 9.30.2022 1,793
Opioid Use Disorder Legal Services (OUDLS) TAJF received $5 million appropriated by the 87th Legislature for legal services for indigent persons indigent persons directly impacted by opioid-use disorders, including children who need basic civil legal services as a result of opioid-use disorders by a parent, legal guardian or caretaker. Accordingly, TAJF hosted a conference call with grantees to gauge interest and capacity to undertake this work. TAJF invited Letters of Intention to Seek OUDLS Funding, issued invitations to apply, and the application period closed October 31, 2022. Awards will be made in December 2022 for the grant term beginning January 1, 2023, and ending August 31, 2024. Civil legal aid attorneys can help those affected by opioid addiction with a full range of civil legal problems that can impact housing, jobs, medical care and families. Legal assistance can address the consequences of opioid addiction and overdose such as child custody issues or unemployment, but also help promote stability, recovery, and independence for those affected. Impact and Results from Grantees for 2021 Legal aid grantees of the Texas Access to Justice Foundation reach every population group and geographic region of Texas. Below are a few additional 2021 statistics on how legal aid provided critical legal help for people to protect their livelihoods, their health and their families: ● TAJF grantees closed 108,953 cases; benefiting the lives of approximately 375,000 individuals ● Legal aid helped secure for their clients more than $24 million in back awards or lump sum settlements and helped win $996,648 in monthly benefits for clients, including Social Security and SSI, child support, pensions, back wages and unemployment compensation ● More than 27,693 victims of domestic violence received legal help ● TAJF grantees assisted more than 11,632 homeless persons ● Approximately 24,162 people with disabilities were able to access a lawyer to help solve a legal problem
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● TAJF funds six law school clinical programs and law students were actively involved in closing 1,727 cases ● Pro bono legal aid provided by private attorneys is vital to the civil legal aid delivery system in Texas. Nearly 4,000 private attorneys in Texas volunteered legal services to low-income clients and their problems through a legal aid program. Legal Aid for Survivors of Sexual Assault (LASSA) For the biennium 2021-2023, the Supreme Court received $10 million from the Texas Legislature for civil legal services for survivors of sexual assault, including human trafficking. The ongoing funding for these grants is obtained through a state fee levied on certain types of sexually-oriented businesses. Nine organizations have received LASSA funds to provide a statewide network of access to civil legal services related to victimization, including a statewide hotline. LASSA’s website (LASSATexas.org) connects the statewide collaborative to better serve survivors Since the LASSA program’s inception in October 2015, the LASSA network of legal aid providers has closed 23,074 cases for survivors of sexual assault. Many of these cases include protective and restraining orders, housing and employments issues, divorce and child custody issues, and public benefits and assistance to victims. For the first year of the grant period beginning September 2021 and ending August 2022, LASSA grantees closed 2,577 cases for survivors of sexual assault. Legal Aid for Texas Veterans (LAV) The Texas Supreme Court received $7 million from the Texas Legislature to fund grants to legal aid programs that provide legal services to veterans and their families for the 2021-2023 biennium. TAJF awarded 22 grants to 13 legal aid programs, law school clinics and bar association pro bono programs that provide civil legal services for low-income Texas veterans. In addition to Legislative appropriation, proceeds from the annual Champions of Justice Gala for Veterans and funding from TAJF provide these grants to help legal services for veterans. The annual Gala is co-sponsored by the Texas Access to Justice Commission and the State Bar of Texas. These grants help Texas veterans and their families with critical civil legal services in areas such as family law, employment, housing, consumer, bankruptcy, and probate, as well as advocacy for disability benefits. Nearly 6,000 veterans received assistance from TAJF grantees in 2021. During the grant term, LAV grantees closed 3,188 cases for veterans and their families, and 1,539 veterans attended 362 veterans clinics held throughout the state. Family Helplines Since 2008, the Supreme Court of Texas, the Office of the Attorney General of Texas (OAG), and TAJF have worked together to provide free legal services so Texas parents better understand the rights and responsibilities created by their parenting orders. Texas Legal Services Center’s (TLSC) Parenting Order Legal Line (POLL) project utilizes family law attorneys to provide limited Texas Access to Justice Foundation Report, January – November 2022
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legal representation to parents to increase their parenting time. During 2021-2022, TLSC provided brief services or settlement negotiations to resolve parenting conflicts to more than 3,300 parents. TAJF also funds a Parent Resource Helpline (PRH) through TLSC where attorneys help interpret the details of the Child Protective Services system in a simple, meaningful way, relevant to the callers’ unique situation. During 2021-2022, the PRH handled over 1200 calls and provided legal information and assistance with family court orders to more than 550 Texans. The Supreme Court of Texas Children’s Commission and the Texas Center for the Judiciary Children’s Justice Act help fund this project. Crime Victims Civil Legal Services (CVCLS) TAJF has administered the Crime Victims Civil Legal Services funds on behalf of the Texas Supreme Court since 2002 to support civil legal services to victims of crime and their immediate family members. TAJF awarded 17 grants totaling $2,477,500 statewide to 16 CVCLS grantees for 2021-2022. The civil legal problems that crime victims often face requiring legal help include rape, physical assault, attempted homicide, domestic violence, sexual assault, incest human trafficking, and child abuse. Grantee Assessment Site Visits The Foundation conducted a mix of virtual and on-site grantee site visit and program assessments during this period, engaging in personnel interviews and document reviews throughout Texas. The on-site visits increased as the year progressed. By the end of 2022, TAJF will have conducted seven virtual site visits and five on-site site visits with accompanying fiscal desk audit reviews. TAJF continues to ensure compliance by its grantees through ongoing communication, including monthly and quarterly programmatic and financial reports, annual audit reviews, special program updates, and annual assessment reports, specific requests for information, grantee meetings and webinars for technical assistance.
PROGRAMS and PROJECTS Texas Student Loan Repayment Assistance Program (SLRAP) The Texas SLRAP was created by the Texas Access to Justice Commission in 2003 to assist attorneys who choose to pursue careers in legal aid in Texas. TAJF can assist all qualifying applicants up to the maximum monthly loan amount of $500 due in large part to the generous support of the State Bar of Texas. In September, the Foundation hosted a Student Loan Updates webinar, with renowned expert Heather Jarvis, to help provide information and answer questions about the new laws regarding student debt. The average salary of those currently eligible is approximately $70,425.39 and the average monthly loan payment for these attorneys is $352. Equal Justice Works (EJW) Fellowships TAJF partners with Equal Justice Works to support post-graduate fellows who take an innovative and entrepreneurial approach to addressing critically needed legal services in
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partnership with their host organizations. TAJF is proud to support five fellows for the two-year term that began in September 2022, and continues support of two fellows from the 2021 class. The 2022-2024 Fellowship class their projects and legal aid organization are: • Evelyn Garcia Lopez, Pro se record sealing resources, Beacon Law • Lydia Harris, LGBT survivors of domestic violence, Texas RioGrande Legal Aid • Tiffany Uke, Homelessness prevention regarding women, Legal Aid of NorthWest Texas • Elizabeth Allen, Education advocacy for youth with disabilities, Disability Rights Texas • Allen Martin, Veteran Medical Legal Partnership, Texas Legal Services Center This year, the Foundation created the Terry O. Tottenham Veterans Justice Fellowship, in honor of our board member and former president of the State Bar of Texas. The Tottenham Veterans Justice Fellowship will be a priority for one of the annually selected, TAJF-sponsored Equal Justice Works Fellows to help address the legal needs of our veterans. Allen Martin was named the inaugural Tottenham Veterans Justice Fellow. Tiffany Uke was selected as the Richard L. Tate Rural Justice Fellow serving the legal needs in rural parts of Texas.
PEOPLE and EVENTS In Memoriam – Harold F. Kleinman Harold F. Kleinman, the founding chair of the Texas Access to Justice Foundation passed away in September. A legendary lawyer with Thompson & Knight in Dallas and a leader in many legal and civil organizations, he was chosen by the Supreme Court of Texas to lead the newly formed Texas (Equal) Access to Justice Foundation in January 1985 and served as our visionary chairman until June 1991. Kleinman was critical in the creation and development of the Foundation and setting it on a path to success in helping the many disadvantaged Texans who cannot afford legal services. Luncheon with the Supreme Court of Texas Returns For the first time since 2018, the annual Luncheon with the Supreme Court of Texas returned as an in-person event, Oct. 25, in Austin. We are grateful to have all Justices on the Court attend this special event to help recognize and honor contributions of several individuals and commemorate National Pro Bono Week. Kleinman Award – The Honorable Eva Guzman TAJF presented the prestigious Kleinman Award to former Texas Supreme Court Justice Eva Guzman at the Luncheon with the Supreme Court. TAJF recognized Justice Guzman for her many years of support as the access to justice liaison and her outstanding character, commitment and public service to the people of Texas that makes her a true leader in access to civil justice. Legislative Hero Awards Also at the annual Luncheon, the Foundation and Commission presented Legislative Hero Awards to Texas Sen. Judith Zaffirini, Texas Sen. Joan Huffman and State Rep. Mary Martinez. The legislators were recognized for significantly advanced access to justice in Texas by assisting with the appropriation of funds and/or other substantive activities related to the provision of legal aid in the state. ABA Lifetime Achievement Award – Sen. John Cornyn Texas Access to Justice Foundation Report, January – November 2022
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The American Bar Association (ABA) honored Senator John Cornyn for his longtime commitment and work on access to justice efforts with a Lifetime Achievement Award. The senator and his colleague, Sen. Dick Durbin, received the Award from ABA President Reginald Turner at the 2022 ABA Annual Meeting in Chicago on Aug. 6. Sen. Cornyn was recognized his support for the Legal Services Corporation, as well as legislative proposals to combat domestic violence and human trafficking, student debt relief, criminal justice reform, and, most recently, his leadership in obtaining passage of the bipartisan Safer Communities Act. He was also instrumental in passing a bill protecting the Interest on Lawyers’ Trust Accounts (IOLTA) program. Texas Veterans Legal Aid Week (TVLaw) TVLaw, a statewide effort in honor of Veterans Day coordinated by the Texas Access to Justice Foundation took place, Nov. 7-12. Legal aid programs, local bar associations, law schools and pro bono private lawyers provide free civil legal services to qualified Texas veterans through clinics, virtual events, social media presentations, and online chat. Chief Justice Nathan Hecht and Maj. Gen. (Ret.) Alfred Valenzuela authored an op-ed piece on legal aid for veterans facing homelessness that was published statewide. Exhibit B “LAW”Teria Game Night In partnership with the Hispanic Issues Section of the State Bar of Texas, TAJF hosted the third annual “LAW”Teria, a virtual fundraiser based on the popular Mexican Loteria game. The event took place via Zoom on Nov. 1 and included distinguished guests, The Honorable Edward C. Prado, The Honorable Dori Contreras, The Honorable David Medina, The Honorable Patricia Alvarez, and former State Bar President Sylvia Borunda Firth served as the host. Justice Brett Busby provided a video message for attendees. The event raised more than $46,000 that will support the newly opened legal aid office in Uvalde. Texas Bar Journal Special Access to Justice Issue The Texas Bar Journal highlighted our work in a special issue in June dedicated to Access to Justice by including three feature articles. Chief Justice Nathan Hecht and Justice Brett Busby co-wrote “Access to Justice Transformed”, TAJF Chair Justice Deborah Hankinson co-wrote “The State of Access to Justice in Texas” with Commission Chair Emeritus Harry Reasoner, and Board member Terry Tottenham authored “Access to Justice for Texas Veterans”. Exhibit C
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Exhibit A
November 29, 2022 Media Contact: Celeste Tamez or Carla Pineda 956-650-2309 or 214-606-7489
Wells Fargo joins Prime Partner bank program Program boosts funding for legal aid in Texas AUSTIN, Texas––Texas Access to Justice Foundation, the largest state-based funding source for civil legal aid, announced today Wells Fargo is the newest and one of the largest banks to join the Foundation’s Prime Partner bank program, a significant step toward making legal assistance more accessible for thousands of Texans. Funding from this program helps TAJF provide legal aid services to more than 100,000 Texans across the state each year. Prime Partner banks and credit unions voluntarily pay higher interest rates for Interest on Lawyers’ Trust Accounts, a method of raising money for civil legal aid and to support improvements to the justice system. Prime Partner financial institutions pay 75% of the Federal Funds Target Rate on IOLTA accounts, which is well above the eligibility requirements for banks participating in the IOLTA program. “Many Texans are facing serious economic hardships, including evictions and domestic violence situations, and simply do not have the funds to hire an attorney,” Deborah Hankinson, chair of the board of directors for the Texas Access to Justice Foundation, said. “By paying higher interest rates on IOLTA accounts, Prime Partner banks help ensure that low-income Texans have access to basic and essential civil legal services. We welcome a well-known and leading financial institution like Wells Fargo to the Prime Partner program.” Approximately 5.2 million Texans qualify for legal aid, the second-highest number in the nation. Legal aid organizations help Texas families each year, but due to a lack of resources, many continue to suffer or unsuccessfully attempt to represent themselves in the complex court system.
“Wells Fargo is dedicated to serving our communities and one of the ways we can do that is as a Prime Partner supporting the Texas IOLTA program, which funds legal services for thousands of vulnerable Texans,” said Liesl Brown, Product Management Senior Manager for Wells Fargo. “We are proud to become a Prime Partner and hope that the additional funds generated will make a significant difference in the lives of those in need of civil legal aid services.” Attorneys who handle client funds are required to keep those funds in IOLTA accounts until they can be made available to a client. TAJF receives funding from the interest generated by these accounts and uses the money to distribute grants to legal aid providers throughout the state. During the pandemic, when interest rates fell drastically to near zero, the IOLTA program lost nearly half its funding. Prime Partners are critical to increasing this funding source that is essential to helping many of Texas’ most vulnerable residents.
- 30 Texas Access to Justice Foundation The Texas Access to Justice Foundation, created by the Supreme Court of Texas in 1984, is the primary state-based funding source for the provision of civil legal aid in Texas. The organization is committed to the vision that all Texans will have equal access to justice, regardless of their income. The Foundation administers a variety of funding sources, which are earmarked to assist nonprofit organizations in providing legal aid to approximately 100,000 Texas families each year. For more information, please visit: www.teajf.org
Exhibit B
Exhibit C
APPENDIX 2
EFFORTS TO INCREASE ACCESS TO JUSTICE BY THE LEGAL ACCESS DIVISION OF THE STATE BAR OF TEXAS
Disaster Response COVID-19 Statewide Legal Aid Partners The Legal Access Division (LAD) of the State Bar of Texas continues to coordinate and participate in statewide disaster response efforts. At the beginning of the pandemic, approximately 35 legal aid organizations and LAD regularly convened a group to coordinate statewide disaster efforts, develop resources, and collaborate on legal issues arising out of the pandemic. In February 2022, the group applied to become a LAD legal aid task force to expand its efforts in addressing a broader range of disaster civil legal issues, including COVID19, and is now known as the Disaster Law Task Force. Their goal is to provide a forum for legal advocates to address substantive disaster legal issues; coordinate disaster training and advocacy efforts; facilitate collaboration with other organizations involved in preparedness, response, and recovery; and disseminate disaster information within communities. American Bar Association Young Lawyers Division Disaster Legal Services During declared disasters, the American Bar Association Young Lawyers Division Disaster Legal Services (ABAYLD DLS) provides legal assistance to disaster survivors and sets up a weekly or biweekly coordination call with FEMA, legal service organizations, the State Bar, Red Cross, and other community partners who assist those impacted by the disaster. The Legal Access Division regularly participates in the ABA-YLD DLS team calls and provides a report on the State Bar’s disaster response efforts. Disaster Hotline The State Bar of Texas disaster hotline is activated during disasters and callers are routed to the legal aid organization in their county to assist with disaster legal issues. Callers also have the option of leaving a message on the disaster hotline if they are unsure of the county in which they reside. Legal Access Division staff return any messages left on the hotline and provide information about legal aid organizations and other referrals to disaster survivors. Since March 2020, LAD staff have been responsible monitoring and returning hotline calls related to the pandemic. In recent months, calls have significantly declined.
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Disaster Manual The Legal Access Division, Sidley Austin, LLP, and legal aid attorneys across the state conduct an annual review of the Disaster Manual. The manual is used by legal aid and pro bono attorneys to provide legal advice and limited-scope services to disaster survivors. The manual chapters include information on a variety of practice areas such as FEMA assistance, housing, consumer, disability, and family law issues. The manual is available on TexasLawHelp and Pro Bono Texas. Assistance to Indigent Defendants On January 21, 2022, the Supreme Court of Texas issued an order permitting attorneys licensed in other U.S. jurisdictions to provide legal services as an employee of a public defender office or through a managed assigned counsel program to indigent defendants arrested for certain misdemeanor offenses in Texas. The order is set to expire December 1, 2022. However, attorneys may complete any ongoing services started before the expiration date. The order directed the State Bar to create and maintain a registration process for interested attorneys. The Legal Access Division worked with the Supreme Court, Texas Indigent Defense Commission, and other indigent defense programs to create a registration process.
All Things Pro Bono New Opportunity Volunteer Attorney Pro Bono Program The NOVA Pro Bono Program was created in May 2018 to recruit inactive and retired Texas attorneys and attorneys residing in Texas who are licensed in other states to provide pro bono legal services to low-income Texans through an approved legal aid organization. Each year, attorneys are required to re-certify for the program and complete 3 hours of continuing legal education. Pro Bono Texas In 2016, the State Bar created ProBonoTexas.org as part of its commitment to encouraging and supporting pro bono efforts in Texas. The Legal Access Division maintains the Pro Bono Texas website and continues to find innovative ways to promote pro bono efforts. The Bar continues its partnership with Paladin, a justice tech company, on the website’s Pro Bono Opportunity Portal to create a centralized site where attorneys, law students, and legal professionals can search for pro bono opportunities in real time, sign up and be directly connected with pro bono organizations. Legal aid and pro bono providers are also able to easily update, manage, and track pro bono interest and engagement in real time. National Pro Bono Week Each year, the last week of October is set aside as the National Celebration of Pro Bono Week. During the weeklong celebration, the American Bar Association, state bar associations, and other organizations acknowledge legal aid organizations, pro bono attorneys, and legal professionals who provide exceptional services to people who otherwise cannot afford legal services. It is also a time to draw attention to the need for pro bono services. This year, the event was celebrated on October 23-29, and the theme was “Law in Everyday Life.” The Legal Access Division received a Pro Bono Week Proclamation from the Governor and a Page 2
Resolution from the Supreme Court of Texas which were displayed at the Texas Access to Justice Commission’s Champion of Justice Law Firm Award Reception on October 25. State Bar of Texas Pro Bono Workgroup The State Bar created the Pro Bono Workgroup as part of its longstanding commitment to fostering a culture of pro bono service in Texas. Former State Bar Presidents Terry Tottenham and Roland Johnson co-chair the workgroup, and members include judges and attorneys from across Texas who share a passion for pro bono service. The Pro Bono Workgroup has partnered with the Texas Access to Justice Commission to host a virtual Pro Bono Summit titled Balancing the Scales of Justice: Creating Pro Bono Opportunities and Partnerships on Tuesday, December 6, 2022. Texas Supreme Court Justice Brett Busby will welcome attendees and David McAtee, executive vice president and general counsel at AT&T Inc., will moderate two panel discussions. See the Texas Access to Justice Commission’s Report to the Court for more details. The Pro Bono Toolkit Subcommittee created a Pro Bono Resource Guide, an online resource for Texas attorneys providing pro bono legal services, which can be found on Pro Bono Texas. See Exhibit 1. Family Law Essentials Seminars (FLES) LAD has provided administrative support to the State Bar of Texas Family Law Section’s Pro Bono Committee since 2001 to support its Family Law Essentials seminars (FLES). The seminars were designed as a twopronged project to benefit interested pro bono attorneys, Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Texas RioGrande Legal Aid. Attorneys who attend a FLES seminar must agree to take at least two pro bono cases from the local legal aid program within a year of the seminar in exchange for receiving free CLE credit. Members of the FLES Pro Bono Committee select six rural cities to host the seminars each year based on input from the three legal aid organizations. Historically, each seminar includes a one-hour judges panel discussion and nine 30-minute segments with live speakers, eight of which cover a variety of substantive family law-related subjects. The other segment covers legal aid involvement and case handling. Pre-pandemic, the seminars were offered in-person. In 2021, they were offered virtually and in 2022, they were offered as a hybrid with the intent of recruiting more attorneys to help with legal aid’s burgeoning caseload. Seminars were scheduled in Amarillo, Conroe, Corpus Christi, Granbury, and Longview. The College Station FLES was canceled due to low in-person registration, which served as the impetus to switch from inperson to hybrid seminars. Attendance for the other five seminars totaled 129 attorneys, and participants promised to handle 179 legal aid cases. See Exhibit 2. Texas Pro Bono Coordinator Calls The Legal Access Division facilitates a quarterly call with legal aid and pro bono providers across Texas. The calls provide a forum for legal service providers to get support, brainstorm, seek answers to questions, and share ideas about pro bono services.
Language Access Fund and Communication Access Fund Created in 2013, the Language Access Fund connects legal aid organizations and their pro bono volunteers with much-needed translation and interpretation services for clients with limited English-language proficiency. This year the fund enabled legal aid advocates to serve clients speaking 73 different languages, Page 3
including a total of 220,310 minutes of interpretation on over 9,677 phone calls, 38 translated documents, and 24 on-site interpreters. Similarly, the Communication Access Fund provides funding for Texas attorneys serving clients with disabilities who need auxiliary aids or services such as ASL interpreters for effective communication with their attorneys. This year, the fund helped 12 lawyers make legal services accessible to Texans with disabilities.
Legal Aid Task Forces In response to requests from legal aid lawyers, two new task forces were formed and are reflective of growing practice areas for legal aid: Community Development & Environmental Justice Law and Disaster Law. The Education and Juvenile Justice Law, Employment Law, Family Law, Housing & Consumer Law, Immigration Law, and Public Benefits & Health Law task forces continue to meet and educate their members on changing laws and best practices through MCLE-accredited presentations.
Legal Research Network The Legal Research Network program is a partnership between the State Bar and qualifying civil legal aid and pro bono organizations. The program provides civil legal aid attorneys and paralegals and pro bono attorneys with access to legal research to support their work on cases for low-income Texans. It has been in place for nearly 20 years and costs have decreased over time. The current contract is with Westlaw, which provides Westlaw and Westlaw’s Form Builder licenses to 450 attorneys. Westlaw provides an additional 90 licenses to paralegals at no cost.
Malpractice Insurance Exchange Network The Malpractice Insurance Network Exchange Program is a partnership between the State Bar and legal aid and pro bono programs to provide malpractice insurance at a reduced and reasonable cost. For nearly 30 years, the program has been a major benefit to pro bono attorneys who wish to help low-income Texans but are reluctant to handle cases that fall outside their practice area without malpractice liability coverage. Under the program, the State Bar provides baseline professional liability coverage to eligible legal aid and pro bono organizations. During the 2022 policy renewal process, 60 legal aid and pro bono organizations participated in the program, which will provide malpractice insurance to 1,067 legal aid attorneys and 7,463 pro bono attorneys handling pro bono cases through a qualified legal aid provider.
Poverty Law Conference and Pro Bono Coordinators Retreat The LAD hosted its first hybrid Pro Bono Coordinators Retreat (PBCR) and Poverty Law Conference (PLC) on August 23-26 in Austin. The LAD offers both conferences annually; however, pre-pandemic, the conferences were hosted in-person and during the pandemic, the conferences were offered virtually. To accommodate diverse attendee needs and to take into consideration the changing business operations brought on by the pandemic, the LAD opted to offer hybrid conferences this year. We are grateful to the presenters, who contributed their time and expertise; attendees, whose interest and participation made the hybrid option possible; and LAD staff for their work and commitment to serving low-income Texans, all of which made the first hybrid conferences a success. See Exhibits 3 and 4.
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Texas Coordinating Council for Veterans Services The Texas Coordinating Council for Veterans Services (TCCVS) was established by the 82nd Legislature to coordinate the activities of state agencies, coordinate outreach efforts and facilitate collaboration between organizations that assist veterans, servicemembers, and their families. The TCCVS produces a biennial report for the Governor, Lieutenant Governor, and Legislature that identifies veteran needs, identifies available services, and makes recommendations to address those needs. The State Bar’s Legal Access Division chairs the TCCVS Pro Bono Legal Services Workgroup, which consists of representatives from legal aid organizations, law schools, local bar associations, and state agencies across Texas. In the 2022 TCCVS report, the workgroup identified six unmet veterans’ civil legal needs, provided information about available services, and made recommendations to address the identified needs. See the Texas Access to Justice Commission’s Report to the Court, Exhibit D for the TCCVS Sixth Report.
Legal Services to the Poor State Bar of Texas Standing Committees Legal Services to the Poor in Civil Matters Committee Created in 1974, the Legal Services to the Poor in Civil Matters Committee is a standing committee of the State Bar of Texas Board of Directors. It promotes legal aid and pro bono efforts to assure delivery of legal aid to Texans who cannot afford a lawyer in civil matters. The committee also oversees the annual Pro Bono Excellence Awards. 2022 Pro Bono Excellence Awards Frank J. Scurlock Award The Frank J. Scurlock Award honors an individual attorney, in good standing, who has provided outstanding pro bono work. The award is named for the late Frank J. Scurlock, the first chair of the Legal Services to the Poor in Civil Matters Committee. Scurlock was known for his tireless efforts to provide legal services to the poor. Michael Logan Ware (Fort Worth) Michael Ware began his legal career in Fort Worth as a law clerk for the Honorable David O. Belew, Jr., United States district judge for the Northern District of Texas, from 1983 to 1984. He then began his private practice, specializing in criminal defense, and has been certified in criminal law by the Texas Board of Legal Specialization since 1990. Throughout his more than 30-year career, Ware has provided pro bono criminal defense services to dozens of clients regardless of their ability to pay. Ware’s pro bono cases in recent years have typically been through direct requests from pro bono clients or their family members. Ware has provided pro bono criminal defense services to three clients in the last two years totaling approximately 160 hours of work.
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In 2014 and again in 2020, Ware was selected as the Percy Foreman Lawyer of the Year by the Texas Criminal Defense Lawyers Association. In 2018, Ware was honored with the Judge Norman W. Black Award from the LGBT Law Section of the State Bar of Texas for his representation of the San Antonio Four, which was the subject of an award-winning and Emmy-nominated documentary, “Southwest of Salem.” In February 2022, Ware received the Champion of Justice Award from the National Association of Criminal Defense Lawyers for his lifelong commitment to improving the quality of criminal legal representation in Texas. J. Chrys Dougherty Award The J. Chrys Dougherty Award recognizes an outstanding legal services staff attorney. The award is named for J. Chrys Dougherty, a private attorney and Bar leader, whose efforts helped to build a strong working partnership between the State Bar of Texas and legal services providers. The award includes a $1,500 stipend from the Texas Bar Foundation and a contribution from Graves, Dougherty, Hearon & Moody. Reverend Brooks Harrington (Fort Worth) Reverend Brooks Harrington founded the Methodist Justice Ministry (MJM) in January 2006 to assist low-income clients with protective orders, divorces, and custody cases with focus on protecting women and children. MJM not only seeks to obtain legal protection for these survivors but also provides the means and support for them to find new lives through emergency financial assistance, counseling, teaching basic life skills, and through personal encouragement and prayer. Since it was founded, MJM has filed 2,100 cases and provided legal protection to 2,300 women and children. Reverend Harrington was a litigator in private practice from 1983 to 1991 and from 1996 to 2006. He chose to leave a lucrative medical malpractice firm to attend seminary. After seminary, he pastored at a poverty-stricken community church while simultaneously doing outreach in the nearby communities. Combining his legal work with his passion for helping people in need, he created a nonprofit family legal ministry to help as many low-income victims of domestic violence and child abuse as possible. Until 2018, Reverend Harrington was solely responsible for fundraising for MJM, which has been able to expand from one attorney to three attorneys and three legal assistants. Reverend Harrington has been honored repeatedly by vote of his peers as a “Texas Super Lawyer” in Texas Monthly and as one of the top 100 lawyers in Tarrant County in the Fort Worth Business Press. Reverend Harrington recently published a book, “No Mercy, No Justice,” which highlights the Methodist Justice Ministry with all proceeds being donated to MJM. Judge Merrill Hartman Pro Bono Judge Award The Judge Merrill Hartman Pro Bono Judge Award honors a judge, sitting or retired, who has provided exemplary pro bono service, including outreach to attorneys to increase the quantity and quality of pro bono representation; modifications to court processes to increase access to justice; advocacy on behalf of access to justice; or service as a volunteer judge for pro bono clinics or other pro bono proceedings. The Page 6
award is named after the late Judge Merrill Hartman of Dallas, a tireless advocate for low-income communities’ access to justice. Honorable Jerry W. Simoneaux Jr. (Houston) Judge Jerry Simoneaux has served on the Harris County Probate Court 1 since 2018. Prior to his service as a probate judge, he served the community as an associate judge in the Houston Municipal Courts. As judge of Probate Court 1, he implemented new technologies to allow staff to work from home and give greater access to the courts via remote hearings—six months before the COVID restrictions and procedures. Judge Simoneaux’s courtroom motto is “One for Y’all,” reflecting his giving nature and understanding of the role that he, his courtroom, and his staff play in the judicial process for so many. Judge Simoneaux is a fierce pro bono advocate, dedicating his time to leading numerous efforts to provide pro bono services to the LGBQT+ community. He is in his second term as a Houston Volunteer Lawyers director. With critical support from Judge Simoneaux, Houston Volunteer Lawyers leveraged its 2021 CLE and judicial training materials to recruit over 230 pro bono attorneys who agreed to handle a probate matter in 2021. Judge Simoneaux also helps plan and execute Houston Volunteer Lawyers’ annual Guardianship & Ad Litem Certification CLE. Judge Simoneaux works collaboratively with community partners to build a strong pro bono legal culture, helping to ensure all Houstonians have access to justice, regardless of their financial position. Judge Simoneaux is the founder and president of the Texas Probate Law American Inn of Court, and he is leading the effort to establish a new Texas Board of Legal Specialization in trust, estate, and guardianship litigation. He enjoys speaking at continuing legal education seminars and is especially proud to have been chosen by the National Center for State Courts to take part in the Fourth National Guardianship Summit, where he contributed to a set of recommendations for institutional reforms on variety of topics including access to justice for those unable to afford private counsel. Pro Bono Award The Pro Bono Award honors a volunteer attorney organization (e.g., legal aid organization, local bar association, nonprofit organization) that has made an outstanding contribution toward guaranteeing access to the legal system by the poor. Metroplex Veterans Legal Services (Dallas) Metroplex Veterans Legal Services (MVLS) was founded in 2013 and is the only statewide veterans pro bono legal clinic program in Texas. The clinics provide free legal counsel and advice to veterans who are low income, unemployed, disabled, elderly, or experiencing or at risk for homelessness. MVLS has approximately 342 volunteer attorneys in addition to 19 assistant attorneys general from the Office of the Attorney General of Texas. MVLS also works with law students and professors from UNT Dallas College of Law, Texas A&M University School of Law, Thurgood Marshall School of Law,
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and SMU Dedman School of Law. In 2021, MVLS volunteers donated approximately 786.25 hours to Texas veterans’ legal needs. Pro Bono Coordinator Award The Pro Bono Coordinator Award is presented to an individual who has made an exceptional contribution to the delivery of, and access to, legal services for the poor, while serving as the pro bono coordinator for a volunteer attorney organization or group, local bar association, law firm, law school, corporate legal office, governmental law department, or legal services organization. Attorney and non-attorney pro bono coordinators are eligible and may self-nominate. Audrey F. Momanaee (Houston) Audrey Momanaee is a partner at Foley & Lardner’s Houston’s office, where she has served as the office’s pro bono coordinator since 2015. Momanaee serves on the boards of Houston Volunteer Lawyers (HVL) and Community Family Centers. Based on data collected from nonprofit organizations across the region, Foley & Lardner’s Houston office has represented more pro bono clients in the last two years than any other Houston-based midsize firm. Momanaee has worked tirelessly on numerous pro bono activities, ranging from the “No One Left Behind” initiative (which helps Afghans who fear persecution and harm in their homeland obtain humanitarian parole and legal entry into the United States) to encouraging attorneys at her office to provide pro bono support to over a dozen pro bono guardianship matters and many family law matters. Momanaee organized attorneys at Foley & Lardner to deliver “Know Your Rights” sessions to low-income women, a population that was especially hit hard by COVID-19. Momanaee is also involved with talent recruitment at her firm. Momanaee joined her firm’s hiring committee to ensure that new associates understand the firm’s commitment to social justice and pro bono work. In October 2021, Momanaee coordinated a “Welcome to Pro Bono” event where HVL provided incoming associates information about pro bono opportunities. After the event, every incoming associate agreed to represent a pro bono client. This helped spur efforts in another critical program: Houston Volunteer Lawyers’ innovative “Wipe Out the Waitlist” campaign, whereby Houston Volunteer Lawyers’ Board of Directors worked together to place over 175 client matters with pro bono attorneys. Pro Bono Support Staff Award The Pro Bono Support Staff Award recognizes the outstanding and exemplary contributions of nonattorney volunteers such as paralegals, administrative assistants, interpreters, and other support staff who work on pro bono projects. The award promotes the awareness of pro bono activities that nonattorneys can participate in and encourages non-attorneys who work in the legal profession to volunteer their time and specialty skills to pro bono projects within their community. To qualify for this award, an individual must provide legal assistance, without compensation, in a non-mandatory program, that requires specific legal skills, knowledge, or training, under the supervision of a licensed attorney or Page 8
qualified organization. Services may be provided through such organizations as, but not limited to, legal aid programs, community legal clinics, bar associations, courts, or government agencies. Stacey Manela (Houston) Stacey Manela’s firm, Art of Facts, provides trial graphics and litigation support for many of the most well-respected firms in Houston. Manela is widely recognized as the “go-to” person in Houston for trial graphics and trial support. She has been a presenter at American Trial Lawyers Association (ATLA) conferences and a faculty member at Defense Research Institute (DRI) seminars. Manela provided pro bono support on Weaver v. Echavarry, et al, Case No. 2:17-cv-00388, a prisoner civil rights case in which the plaintiff’s broken arm went untreated by prison medical staff. Counsel was appointed for the plaintiff after his pro se lawsuit survived summary judgment. The appointed lawyers represented Mr. Weaver pro bono. Volunteering her time and paying her own expenses, including travel and lodging, Manela prepared trial graphics and deposition clips for the trial. She also ran Mr. Weaver’s trial presentation for the duration of the three-day trial, as well as the pretrial conference. It is estimated that Manela donated over 100 hours of her time to the preparation of trial graphics for Mr. Weaver’s case and to the trial itself. W. Frank Newton Award The W. Frank Newton Award recognizes the pro bono contribution of attorney groups (e.g., law firm, corporate law department, government attorney office, law school faculty, Bar section) whose members have made an outstanding contribution in the provision of, or access to, legal services to the poor. The award is named for W. Frank Newton, former dean of Texas Tech University School of Law and longtime pro bono advocate. Sidley Austin LLP (Dallas) Sidley’s Dallas office has been an indispensable partner to Dallas Volunteer Attorney Program’s (DVAP) mission to recruit, train, and support volunteer attorneys to provide free, civil legal help and full representation to low-income people in Dallas County across a variety of cases. The matters undertaken by the firm’s Dallas-based lawyers are generally coordinated by a pro bono committee led by Dallas-based partners Rob Velevis and Aaron Rigby. Last October, DVAP named Sidley “Law Firm of the Year” at their 2021 Pro Bono Awards. This was the second year that DVAP had awarded the firm this recognition for its tireless dedication to pro bono service. In 2021, Sidley lawyers in the firm’s Dallas office—including partners, associates, and counsel— devoted a total of 3,025 billable hours to helping the poor and disadvantaged in a variety of pro bono issues ranging from divorce, adult or child name change, and estate planning, to small business issues, veterans benefits and nonprofit issues. These hours comprise significant contributions through DVAP, the National Immigrant Justice Center, Human Rights Initiative, Disability Rights Texas, Metroplex Veterans Legal Services, and other pro bono programs.
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As an original signatory of the Pro Bono Institute’s Law Firm Pro Bono Challenge, Sidley committed to contribute at least 3% of its billable time to pro bono work. It has met this challenge for the past 14 years. Major pro bono projects include Political Asylum and Immigrants’ Rights Project, which helps asylum seekers and other indigent immigrants as they seek legal status in the United States; Veterans Advocacy Project, which assists disabled veterans in gaining access to fair and timely military and VA benefits; Capital Litigation Project, which provides hope to inmates incarcerated on Alabama’s death row; Sidley Emerging Enterprises Pro Bono Program, which gives innovative agricultural-related enterprises the tools to succeed; Constitutional Rights and Civil Liberties Project, which protects and defends the constitutional rights and civil liberties of all people; and Pro Bono Project for the Arts, which provides all forms of legal assistance to nonprofit arts organizations to advance their mission. Legal Services to the Poor in Criminal Matters Committee Created in 1994, the Legal Services to the Poor in Criminal Matters Committee studies the indigent defense system in Texas and develops recommendations for entities that are or should be involved in the provision of quality representation to indigent persons involved in criminal matters. The committee comprises members of the judiciary, prosecution, and defense, as well as representatives of court administration, state agencies, and nonprofit organizations with a focus on indigent defense. This year, the committee updated the State Bar of Texas Performance Guidelines for Non-Capital Criminal Defense Representation to reflect changes in the law. The committee also co-sponsored the symposium on the 20th anniversary of the Texas Fair Defense Act at the University of Texas School of Law. The committee also continued its work on educating courts and practitioners about the mandated ability-to-pay inquiries regarding court costs and developing guidelines for the state when prosecuting indigent and pro se defendants. The committee also selected the winners of the Indigent Defense Awards. Warren Burnett Award Named for the late legendary Texas attorney Warren Burnett, the award recognizes extraordinary contributions to improving the quality of criminal legal representation to indigent Texans. The award honors either an individual or organization for their work in the courtroom, legislature, or the public sphere. 2022 Recipient: Jeff Blackburn (Amarillo) Jeff Blackburn is a partner at Blackburn & Brown in Amarillo, where he practices criminal defense and civil rights, but that doesn’t begin to describe his impact on indigent defense in Texas throughout his career. For example, a sting operation in Tulia in 1999 resulted in the arrest of 15% of the town’s Black population solely based on the word of one undercover “gypsy cop” without any witnesses or corroborating evidence. Mr. Blackburn represented the “Tulia 46.” In 2003, Gov. Rick Perry pardoned everyone convicted after the roundup in Tulia, and in 2004, Mr. Blackburn secured a $6 million settlement for them.
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Shortly after that, Mr. Blackburn co-founded the Innocence Project of Texas. During his time at the Innocence Project, Mr. Blackburn helped free or exonerate many people, but one of the most impactful was in 2009 when he persuaded a judge to posthumously exonerate Timothy Cole. It was the first posthumous exoneration in Texas. One year later, Gov. Perry posthumously pardoned Cole. After that, Mr. Blackburn worked in the Legislature and helped get the Timothy Cole Act passed. The act increased compensation paid to exonerees to $80,000 per year served, expanded services offered to the exonerated after their release, and added compensation for the family of an exoneree if cleared after death. It also created the Timothy Cole Advisory Panel on Wrongful Convictions to study the prevention of wrongful convictions across the state. Mr. Blackburn also served as chair of the Legal Services to the Poor in Criminal Matters Committee from 2010 to 2013. One of the projects he spearheaded during his tenure was drafting the Performance Guidelines for Non-Capital Criminal Defense Representation, which the Board approved in 2011. He also successfully encouraged the committee to update the guidelines this year. In addition to his work on behalf of his clients, Mr. Blackburn continues his tireless efforts to improve the indigent defense system to this day. In 2019, he worked with the Sixth Amendment Center to study the indigent defense system in Potter and Armstrong counties. As a result of those findings, a new Potter/Armstrong County Public Defender/Managed Assigned Counsel program is opening before the end of the year. Michael K. Moore Award for Excellence in Research or Writing in the Area of Indigent Criminal Defense This award is named after Dr. Michael K. Moore for his pivotal role in several research and writing efforts that had a major effect on indigent defense in Texas. The award is presented to an individual (both private citizens and members of the Bar are eligible) or organization in recognition of exceptional research or writing that deals with indigent criminal defense and that represents a significant contribution to the knowledge and practices of the bench, bar, and scholarly communities. 2022 Recipient: Michael Ritter (San Antonio) In criminal prosecutions in Texas, indigent defendants receive appointed trial counsel who generally may not withdraw from representation. Even if appointed counsel believes that the defense is wholly frivolous, appointed trial counsel may not withdraw. Conversely, Texas law allows appointed appellate counsel to withdraw if they believe representing the indigent defendant would require asserting frivolous arguments on appeal, so long as counsel follows the procedure set out in Anders v. California. Under the Anders procedure, appointed appellate counsel: (1) files a motion to withdraw; (2) asserts that the appeal is wholly frivolous; and (3) argues in a full appellate brief—with contentions, legal authorities, and citations to the appellate record—why the appeal is Page 11
wholly frivolous. This procedure must be followed while appointed counsel is still the attorney of record for the indigent defendant on appeal and, therefore, still under an ethical duty to zealously represent the indigent defendant. The indigent defendant may file a pro se response to the motion and brief without the assistance of counsel. The appellate court then reviews the whole appellate record for arguable issues appointed counsel could have raised. In the above-cited article, Mr. Ritter argues that Texas should abandon the Anders procedure to afford more meaningful protection for the substantive rights of indigent defendants on appeal. The article contends that the Anders procedure, which is a constitutional minimum for protecting indigent defendants’ right to counsel, creates numerous unsustainable ethical dilemmas and sets a double standard between appointed trial counsel and appointed appellate counsel. Article proposes that Texas prioritize the right to counsel for indigent defendants over counsel’s ethical obligation not to assert a frivolous argument on appeal, either through judicial abandonment of the Anders procedure or an amendment to the Texas Disciplinary Rules of Professional Conduct to hold appointed appellate counsel to the same duties of representation as appointed trial counsel. Mr. Ritter’s article represents a significant contribution to the field of indigent criminal defense for several reasons. First, Mr. Ritter’s article surveys other states’ alternative approaches to the Anders procedure and identifies an emerging minority of jurisdictions that have adopted more robust protections of the right to counsel for indigent defendants on appeal. Second, although the U.S. Supreme Court adopted the Anders procedure as a constitutional minimum in 1967, the article explores a recent spike in interest in this issue among attorneys and legal scholars throughout the United States. And third, Mr. Ritter’s article traces the adoption and evolution of the Anders procedure in the Texas Court of Criminal Appeals and notes that the court has never fully examined or articulated why the procedure should be adopted in Texas. In addition to collecting and reviewing significant case decisions and academic publications, Mr. Ritter’s article draws upon his years of experience as an appellate court staff attorney who is TBLS board certified in criminal appellate law. While serving as an appellate court staff attorney, Mr. Ritter observed numerous appointed appellate lawyers file incomplete and substantively deficient Anders briefs, and several judges and staff attorneys take drastically different approaches to reviewing those briefs. Mr. Ritter’s article argues how the theoretical advantages of the Anders procedure are not truly obtained in practice because: (1) appellate court judges and staff are accustomed to having competing briefs from competent attorneys; (2) the Anders procedure allows both appointed counsel and the state to join forces to oppose the indigent defendant (whose only option is to fully research and write a pro se response); and (3) appellate court judges and staffs are not all criminal law experts wellsituated to fully appreciate the rights of indigent pro se defendants in such situations. Finally, Mr. Ritter’s article argues that—in a criminal justice system that produces the mass prosecution of indigent defendants—indigent defendants deserve a system that is less likely Page 12
to result in errors that contribute to wrongful convictions, institutional racism, and the crimepoverty cycle. Consequently, Mr. Ritter’s article implores courts, practitioners, and scholars interested in indigent defense to revisit the assumption that the Anders procedure adequately protects indigent defendants’ rights to counsel on appeal.
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PRODUCED BY THE STATE BAR OF TEXAS PRO BONO WORKGROUP, PRO BONO TOOLKIT SUBCOMMITTEE
PRO BONO RESOURCE GUIDE For Texas attorneys providing volunteer legal services to those in need.
This guide is a project of the State Bar of Texas Pro Bono Workgroup, Pro Bono Toolkit Subcommittee, the State Bar of Texas Legal Access Division, and the Texas Legal Services Center.
TABLE OF CONTENTS • WELCOME & OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 • THE VIEW FROM THE BENCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 *
The Hon. Chief Justice Nathan L. Hecht, Justice Debra H. Lehrmann, and Justice J. Brett Busby’s remarks on the value of pro bono services.
• A WORD OF THANKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 *
The co-chairs of the State Bar of Texas Pro Bono Workgroup and chair of the Pro Bono Toolkit Subcommittee on the value of the pro bono work you do.
• STATE BAR OF TEXAS PRO BONO POLICY, PRO BONO, AND THE JUSTICE GAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 *
A brief description of the State Bar of Texas Pro Bono Policy, the Justice Gap, and how your volunteer work fits into the bigger picture.
• COMMON PRO BONO MYTHS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 *
The real story about common concerns, myths, and misconceptions people have when considering providing pro bono services.
• PRO BONO: ANSWERS TO FREQUENTLY ASKED QUESTIONS ..... . . 12 *
Answers to the most frequently asked questions about providing pro bono services.
• FREE LEGAL INFORMATION AND RESEARCH RESOURCES . . . . . . . . 16 *
A collection of free resources to find legal information and do free legal research to support your pro bono work.
• ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 *
A section to give special thanks to those who made this guide possible.
PRO BONO RESOURCE GUIDE
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WELCOME & OVERVIEW Thank you for devoting your time and talent to providing free legal services to those in need. We are lawyers, just like you, and understand the everyday pressures that can make it difficult to volunteer. Whether it is the need to bill hours, that last minute briefing, or family pressures, we understand that even carving out time to volunteer is a feat in itself. We do not take that effort lightly. The work you do truly can fundamentally change a person’s life for the better. This guide provides: • Information about the State Bar of Texas Pro Bono Policy. • Answers to questions about pro bono work.
“Equal justice under law is not merely a caption on the facade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists . . . it is fundamental that justice should be the same, in substance and availability, without regard to economic status.” – Justice Lewis F. Powell, Jr.
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• Resources to enhance your ability to do pro bono work.
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PRO BONO RESOURCE GUIDE
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THE VIEW FROM THE BENCH
Dear Pro Bono Attorneys: Thank you for your unwavering dedication to providing legal services to our fellow Texans pro bono publico – for the public good. Your hard work and commitment to providing pro bono services ensures that all Texans have access to our justice system regardless of their economic status. Pro bono is essential to our legal system and profession. As representatives of our legal system, we are in a unique position to help make access to justice a reality for all. Dedicating a few hours to review a contract for a local nonprofit business, devoting a day to assist a survivor of domestic abuse file a protective order at the courthouse, or partnering with a local law school clinic to represent a veteran in an eviction case changes lives and betters the community at large. Only about 10 percent of Texans’ civil legal needs are being met. The harsh reality is that many low-income Texans are forced to abandon their rights because they cannot afford an attorney and are fearful of complex legal processes so foreign to them. With the help of pro bono attorneys like you, many low-income Texans can assert their rights and gain access to the legal system. You make the promise of justice a reality to them. We thank the State Bar of Texas Pro Bono Workgroup and the Pro Bono Toolkit Subcommittee for creating this guide, and for their tireless efforts in encouraging and supporting pro bono efforts across Texas. We urge you to encourage your colleagues in the legal community to volunteer their time and resources to support local and statewide pro bono efforts, and to make pro bono work a regular part of their legal practice. Thank you for your valuable pro bono service. Sincerely,
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Nathan L. Hecht, Chief Justice
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Debra H. Lehrmann, Justice
J. Brett Busby, Justice
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A WORD OF THANKS
The Pro Bono Workgroup of the State Bar of Texas was established in 2014 as part of the State Bar’s longstanding commitment to fostering a culture of pro bono service in our state. The workgroup’s mission includes: supporting local pro bono efforts around the state; educating the legal community in Texas about the value, types, and scope of pro bono service; striving to remove barriers to pro bono service; and facilitating strategic partnerships to meet the demand for civil legal aid in Texas. The workgroup is made up of lawyers, judges, and legal professionals from across Texas and different sectors of our legal community dedicated to enhancing the culture of pro bono in Texas. The Pro Bono Toolkit Subcommittee is one of the workgroup’s five subcommittees and was tasked with creating this guide that provides general information and resources to encourage attorney involvement in pro bono efforts in Texas. We would like to express our sincerest gratitude to you for your commitment to providing pro bono services to our fellow Texans. Pro bono work is essential and provides invaluable benefits to low-income individuals and communities that otherwise may not be available to them, while also offering experience and a sense of personal fulfilment for pro bono attorneys. We invite you reach out to the Legal Access Division of the State Bar at probonotx@texasbar.com, if you have questions or ideas about what the State Bar should be doing to advance the culture of pro bono or to share your ideas on improving the culture of pro bono in Texas. Thank you for your time, dedication, and hard work in responding to the urgent needs of our fellow Texans. Sincerely,
Roland K. Johnson
Kevin Dietz
Former SBOT President Co-chair, Pro Bono Workgroup
Former SBOT President Co-chair, Pro Bono Workgroup
Chair, Pro Bono Toolkit Subcommittee
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Terry Tottenham
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STATE BAR OF TEXAS PRO BONO POLICY, PRO BONO, AND THE JUSTICE GAP
“Certainly, life as a lawyer is a bit more complex today than it was a century ago. The ever increasing pressures of the legal marketplace, the need to bill hours, to market to clients, and to attend to the bottom line, have made fulfilling the responsibilities of community service quite difficult. But public service marks the difference between a business and a profession. While a business can afford to focus solely on profits, a profession cannot. It must devote itself first to the community it is responsible to serve. I can imagine no greater duty than fulfilling this obligation. And I can imagine no greater pleasure.” – Justice Sandra Day O’Connor, 78 Or. L. Rev. 385, 391 (1999)
What is the State Bar of Texas Pro Bono Policy? On September 22, 2000, the State Bar of Texas Board of Directors adopted a revised Pro Bono Policy. The policy sets forth an aspirational goal of 50 hours of pro bono legal services to the poor each year for each Texas attorney. Texas attorneys are not required to meet this goal but are highly encouraged to do so.
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https://www.texasbar.com/Content/NavigationMenu/LawyersGivingBack/ LegalAccessDivision/ProBonoFAQ.htm
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How Does the State Bar of Texas Define Pro Bono? The State Bar of Texas defines pro bono as:
(a) The direct provision of legal services to the poor without an expectation of compensation, or at a substantially reduced fee, whether civil or criminal; [or] (b) Services without a fee, or at a substantially reduced fee, related to or simplifying the legal process for, or increasing the availability and quality of legal services to poor persons; [or] (c) Legal services without a fee, or at a substantially reduced fee, rendered to charitable, public interest organizations with respect to matters or projects designed predominantly to address the needs of poor persons; [or] (d) Legislative, administrative or systems advocacy services without a fee, or at a substantially reduced fee, provided on behalf of poor persons; [or] (e) Unsolicited, involuntary appointed representation of indigents in criminal and civil matters (superseded by the Fair Defense Act regarding appointment in criminal matters, since appointments are no longer involuntary. However, such appointments may count as “substantially reduced fee” work).
For examples of qualifying service and answers to frequently asked questions about the State Bar’s Pro Bono Policy, see the link below.
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https://www.texasbar.com/Content/NavigationMenu/LawyersGivingBack/LegalAccessDivision/ProBonoFAQ.pdf
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What is the Pro Bono College? The Pro Bono College recognizes attorneys who have gone above and beyond the aspirational pro bono goal set by the pro bono policy. To qualify for the Pro Bono College, an attorney needs to complete a minimum of 75 hours of qualified pro bono service. The Pro Bono College also recognizes paralegals and law students who contribute a minimum of 50 hours of eligible pro bono legal services in a year. For more information on the Pro Bono College, please see the link below. https://www.texasbar.com/AM/Template.cfm?Section=Access_To_Justice&Template=/ CM/HTMLDisplay.cfm&ContentID=29992
What is the Pro Bono Pledge? Attorneys are encouraged to share their commitment to pro bono by making the Pro Bono Pledge on their MyBarPage: https://www.texasbar.com/AM/Template.cfm?Section=Update_My_Profile&template=/ CustomSource/MyProbono/Main.cfm. The Pro Bono Pledge encourages lawyers to perform a base level of pro bono work and inspires them to strive toward the State Bar’s aspirational goal of performing at least 50 hours of free legal services to the poor each year. Attorneys who take the pledge receive a pledge badge displayed next to their name on the “Find a Lawyer” page of the State Bar’s website. For more information on the Pro Bono Pledge, see the link below.
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https://probonotexas.org/get-inspired/pro-bono-pledge
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What is the Justice Gap? The Justice Gap represents the number of people who need legal help but cannot afford to hire an attorney and are unable to get other meaningful legal assistance. The U.S. Census Bureau currently estimates that there are nearly 4 million people living below the federal poverty level in Texas. Approximately 5.4 million Texans qualify for civil legal aid at 125% of the federal poverty level. According to the U.S. Census Bureau and the Justice Index, there is approximately one Legal Service Corporation (LSC) legal aid lawyer for every 12,200 Texans who qualify for civil legal aid, yet there is approximately one private lawyer for every 465 Texans living above legal aid income guidelines.
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According to the Texas Unmet Legal Needs Survey, due to a lack of resources, only about 10 percent of the civil legal needs of low-income Texans are being met whether through legal aid, pro bono, or the private bar. Furthermore, LSC’s 2022 Justice Gap Report states that low-income people who qualify for legal aid did not receive any or enough legal help for 92% of their substantial civil legal problems in 2021.
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COMMON PRO BONO MYTHS
“The trouble with the world is not that people know too little; it’s that they know so many things that just aren’t so.” – Mark Twain
Myth #1: I can’t volunteer because I don’t have malpractice insurance for pro bono work. Truth: Most legal service organizations provide malpractice insurance for volunteers at no cost to the volunteer. Most malpractice insurance policies cover pro bono work. Not sure? Just ask!
Myth #2: I can’t volunteer because I am not comfortable practicing outside of my area of expertise. Truth: Legal service organizations provide mentors and support to volunteer attorneys throughout the duration of a case. Most organizations provide training for interested attorneys, sometimes in the attorney’s own office, and offer CLE credit. Pro Bono Texas has a directory of mentors available for you to reach out to for help handling a pro bono matter.
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https://probonotexas.org/get-support/mentors
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Myth# 3: I can’t make a long-term commitment to a pro bono client. Truth: Pro bono work does not have to involve a huge time commitment. A substantial amount of pro bono work consists of discrete projects that involve fewer than 10 hours of an attorney’s time. For example, assisting an elderly person with a power of attorney or living will might involve three to five hours of your time, as does reviewing a lease or purchase contract for a person of limited means. Volunteering at a clinic or legal advice hotline might require only an hour or two of your time.
Myth# 4: Pro bono doesn’t help the bottom line, and hence does not take priority. Truth: Pro bono work can improve skills and build relationships. Through pro bono work you can develop an enhanced reputation in the community and with judges. Texas judges have been known to recognize and appreciate the time and effort of those who undertake pro bono work.
Myth# 5: I am not licensed to practice in Texas so I cannot volunteer. Truth: Attorneys residing in Texas but licensed to practice law in another jurisdiction can participate in the New Opportunities Volunteer Attorney (NOVA) Pro Bono Program.
https://www.texasbar.com/AM/Template.cfm?Section=Legal_Access_Division& Template=/CM/HTMLDisplay.cfm&ContentID=42304 Attorneys licensed out-of-state may partner with outside counsel. There are also many pro bono opportunities that don’t require a Texas license such as federal areas of law.
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Finally, during and after a natural disaster the Supreme Court of Texas often gives special authorization to out-of-state attorneys to provide pro bono services to Texans in need.
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PRO BONO: ANSWERS TO FREQUENTLY ASKED QUESTIONS Question 1: Who can do pro bono? Answer: All active members of the State Bar of Texas in good standing are eligible to do pro bono work. Additionally, inactive or emeritus members of the State Bar, and attorneys residing in Texas but licensed out-of-state can provide legal services through the NOVA Program. Information about the NOVA Program is available at the link below.
https://www.texasbar.com/AM/Template.cfm?Section=Legal_Access_Division& Template=/CM/HTMLDisplay.cfm&ContentID=42304 Law students and legal advocates such as paralegals, interpreters, court reporters, etc. are also able to provide pro bono services to low-income Texans under certain conditions.
Question 2: What types of pro bono opportunities are available?
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Answer: Pro bono opportunities include providing limited scope legal advice at an in-person or virtual clinic, mentoring other attorneys, research and writing, drafting documents, public policy advocacy, developing educational or training materials, adopting a nonprofit legal department, or other creative legal projects. You could also provide full or limited scope representation in cases such as family law, landlord-tenant, consumer, immigration, or other areas of law.
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Question 3: Where can I volunteer? Answer: There are several ways to find a pro bono opportunity or organization to volunteer with: • State Bar of Texas Pro Bono Opportunity Portal:
Search for pro bono opportunities on the Pro Bono Opportunity Portal (https://app.joinpaladin.com/pbtx/). Legal aid organizations across Texas have partnered with the State Bar to share their pro bono opportunities on the portal. • Local Legal Aid Organizations: Contact your local legal aid organizations and ask about local pro bono opportunities. Many of these organizations would be more than happy to have you help them and would likely be able to provide you with support throughout your pro bono engagement. Texas has three organizations funded by the Legal Services Corporation (LSC): Legal Aid of NorthWest Texas (http://www.lanwt.org/), Lone Star Legal Aid (http://www.lonestarlegal.org/), and Texas RioGrande Legal Aid (http://www.trla.org/). Each of them has different service areas and a broad civil practice including family law, housing, consumer, domestic violence, and much more.
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• There are also several non-LSC funded local legal service organizations that can be found in the Referral Directory at the link below.
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https://www.texasbar.com/Content/NavigationMenu/LawyersGivingBack/ LegalAccessDivision/ReferralDirectory.pdf • Pro Bono Providers: Four of the large pro bono providers in Texas are listed below. These organizations specialize in matching pro bono lawyers with clients and have cases in a broad range of practice areas. These organizations also provide mentorship and support throughout the pro bono engagement. Dallas Volunteer Attorney Program - http://dallasvolunteerattorneyprogram.org/ Houston Volunteer Lawyers - http://www.makejusticehappen.org/, Volunteer Legal Services of Central Texas - http://www.vlsoct.org/, and San Antonio Legal Services Association - https://www.sa-lsa.org/. • Texas Free Legal Answers:
Texas Free Legal Answers is a virtual legal advice clinic where qualifying low-income Texans post civil legal questions to be answered by pro bono attorneys in Texas. Question topics include Divorce, Child Custody/Support, Housing, Consumer Rights, Employment, Health and Disability, Civil Rights, and more. On average, it takes a pro bono attorney an hour to answer a question posted on texas.freelegalanswers.org. Volunteers have flexibility and can take questions as their schedules permit. There is a variety of supplemental materials for volunteers and other types of support.
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Those interested in volunteering should email texas.freelegalanswers.org. Texas Free Legal Answers is part of the greater ABA Free Legal Answers program. It is jointly administered by the State Bar of Texas and Texas Legal Services Center (TLSC).
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Question 4: What resources are available to pro bono attorneys? Answer: Legal service organizations work hard to make volunteering easy. Most legal service organizations provide: • Training materials and mentors • Interpreters, paralegals, and support staff • Malpractice insurance and more
Question 5: How do I report my pro bono hours? Answer: The State Bar encourages attorneys to report their pro bono hours (and financial contributions) to help track the services provided by volunteer attorneys. You can report your pro bono hours online at MyBarPage on texasbar.com at the link below.
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https://www.texasbar.com/AM/Template.cfm?Section=MyPage&Template=/ Security/Login.cfm
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FREE LEGAL INFORMATION AND RESEARCH RESOURCES The resources listed below are a collection of resources for pro bono attorneys. Some of these resources can also serve as resources to provide to clients.
https://probonotexas.org/ Pro Bono Texas is a website developed and administered by the State Bar of Texas Legal Access Division for pro bono attorneys. It is your one-stop shop for all your pro bono needs. On Pro Bono Texas, you can find volunteer opportunities, connect with mentors, and review resources to support your efforts. • Westlaw Doc and Form Builder: Pro Bono Texas offers free access to Westlaw Doc and Form Builder (https://probonotexas.org/get-support/westlaw-doc-formbuilder), an online legal document assembly tool that helps attorneys draft pleadings and other documents. Westlaw keeps all the forms and caselaw updated so you have one less thing to think about. You enter your case-specific information, and it will generate a document that is professional and accurate.
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To use to this resource you will need to request access at https://probonotexas.org/get-support/westlaw-doc-form-builder and be approved by the website administrator. You will be asked to provide your full name, bar number, email address, mailing address, and phone number.
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For a guide to using Westlaw Doc and Form Builder, see the link below. https://static.legalsolutions.thomsonreuters.com/product_files/westlaw/ wlawdoc/wlres/wlnbuild.pdf • Resource Library: Visit the Pro Bono Texas resource library (https://probonotexas.org/get-support/library) for resources such as guides, trainings, and materials such as the Disaster Manual, which is reviewed annually and used by volunteer attorneys as a reference when handling issues that frequently arise during disasters (https://probonotexas.org/disaster-manual). • Pro Bono Mentor Program: Your volunteer organization will likely have a contact member on staff available to answer your questions. Additionally, the volunteer organization may even have a list of attorney mentors for you to contact if you would like to consult with an expert. Do not be afraid to ask for help and mentoring when you need it. If your volunteer organization does not have a mentor available, Pro Bono Texas has a directory of mentors available for you to reach out to for help handling a pro bono matter. Please see the links below for more information: https://probonotexas.org/get-support/mentors
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https://www.texasbar.com/AM/Template.cfm?Section=2Col&template=/ customsource/PBMentorMatch/map.cfm
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https://texasdisasterlegalhelp.org/ Texas Disaster Legal Help is a pro bono portal developed in partnership with Texas RioGrande Legal Aid, Legal Aid of NorthWest Texas, and Lone Star Legal Aid. The portal is designed to improve the mobilization of pro bono volunteers during and in the immediate aftermath of a disaster. The portal connects pro bono volunteers to educational materials in the Knowledge Resource Library, trainings, forms, instruction sheets, and statewide volunteer opportunities.
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To encourage pro bono service among members of the Bar, Texas Bar Books provides free online access to its manuals and legal forms to legal aid providers and to lawyers and organizations that provide free legal services to low-income people. For more information, or to request access to specific materials for use in providing pro bono services, contact Lara Talkington at Lara.Talkington@texasbar.com.
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https://texaslawhelp.org/ TexasLawHelp.org is a website dedicated to providing free and reliable legal information to low-income Texans. It contains a wide variety of information, instructions, and legal forms for the public. It has been online since 2002 and has a full staff of attorneys that work every day to draft and develop useful legal information. In 2020, there were more than 3.8 million users and over 13 million page views.
https://tyla.org/resources/attorneys/ The Texas Young Lawyers Association’s primary purposes “are to facilitate the administration of justice, foster respect for the law, and advance the role of the legal profession in serving the public.” Their website has a resource library full of useful legal information on various subjects.
Law Libraries in Texas Your local law libraries are a vital source of support and often provide free access to Westlaw or Lexis Nexis at their physical location. Below is a link to a list of law libraries in Texas put together by the Texas State Law Library. https://www.sll.texas.gov/legal-help/find-legal-information/law-libraries-of-texas/
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https://guides.sll.texas.gov/
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The Texas State Law Library’s mission is to serve “the legal research needs of the Texas Supreme Court, the Court of Criminal Appeals, the Office of the Attorney General, other state agencies and commissions, and the citizens of the state. [It is] a public law library.” Accordingly, it has developed research guides, organized by subject, that contain links to useful legal information for each subject. It also offers remote access to legal research resources under certain conditions. The Texas State Law Library has a digital collection of up-to-date digital copies of “practice guides, legal treatises, and self-help materials that can be borrowed and read in your web browser.” Additionally, there are legal databases that provide free access to “case law, law review articles, downloadable legal forms and drafting guides and more.” To access these resources for free, create a free library account online. For more information, visit: https://www.sll.texas.gov/library-resources/collections/ digital-collection/ You will need to download Adobe Digital Editions, a free program, and create a free Adobe password to access some resources. Information on how to do each is linked below. https://www.adobe.com/solutions/ebook/digital-editions/faq.html https://helpx.adobe.com/manage-account/using/create-update-adobe-id.html
As a member benefit, attorneys licensed with the State Bar of Texas have free access to Fastcase. Fastcase has merged with Casemaker to provide a comprehensive set of tools under the Fastcase platform. You will continue to have access to caselaw, statutes, and regulations that were previously on Casemaker, along with Fastcase legal research and an extensive library of briefs, pleadings, motions, and orders through Docket Alarm within the Fastcase platform. The Transition from Casemaker to Fastcase webinar is available here: https://www.youtube.com/watch?v=CC_5zbnN1uM
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Note: To access Fastcase, do not go to the Fastcase website. Instead, login to your MyBarPage on the State Bar of Texas website. Once you put in a search, you will be automatically redirected to the respective website.
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Here's a short video tutorial on how to use briefs, pleadings, and motions in Fastcase for the State Bar of Texas. https://www.youtube.com/watch?v=B3R8msA21w0 The link below contains video tutorials that can help you learn to use Fastcase. https://www.youtube.com/watch?v=kQaCpgH2haw&list=PL7BHWl9xZe70_S89z7ufwHdg3yYBEsO7 Also, the quick reference guide at the link below may help as well. https://www.fastcase.com/support/#documentation For Casemaker users transitioning to Fastcase, visit the Fastcase Resource Library for answers to frequently asked questions.
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For technical support and other questions, see the contact information below: Fastcase: call 866-773-2782 or email support@fastcase.com
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ACKNOWLEDGEMENTS A very special thanks to the State Bar of Texas Pro Bono Workgroup, the Pro Bono Toolkit Subcommittee, the State Bar of Texas Legal Access Division, and Elliott Fontenette, Texas Legal Services Center, for the time and hard work in developing this guide. Thank you for your commitment to encouraging pro bono efforts across Texas.
Legal Aid of Northwest Texas
Lone Star Legal Aid
Lone Star Legal Aid
Texas RioGrande Legal Aid
Legal Aid of Northwest Texas
Amarillo National Bank Building Skyline Conference Center 410 South Taylor Street 16th Floor Amarillo, Texas
Montgomery County Commissioner's Court 501 North Thompson, Fourth Floor Conroe, Texas 77301 Auxiliary Courtroom 1 (old 85th Courtroom) Brazos County Courthouse 300 E. 26th Street, Suite 2614 Bryan, Texas 77803 Nueces County Courthouse 901 Leopard, 5th Floor Corpus Christi, Texas 78401 United Electric Co-op Services Community Room 320 Fall Creek Hwy Granbury Texas, 76049
Friday, June 10, 2022
Friday, June 24, 2022
Friday, May 6, 2022
Friday, May 20, 2022
Friday, June 3, 2022
Amarillo
Conroe
College Station
Corpus Christi
Granbury
Each FLES mwill be marketed to attorneys within a 100‐mile radius of course location.
Lone Star Legal Aid
Courtyard by Marriott 1125 E. Hawkins Parkway, Sapphire Suite Longview, TX 75605
Friday, May 13, 2022
Longview
Supported Legal Aid Provider
Seminar Location
Selected Date & Course Info
FLES Location
2022 Family Law Essentials Seminars Presented by the Family Law Section, SBOT Administered and supported by the Legal Access Division, SBOT, LSLA, LANWT, and TRLA
The Pro Bono Committee of the Family Law Section of the State Bar of Texas and Legal Aid of NorthWest Texas are pleased to present this HYBRID FREE CLE event: FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Amarillo National Bank Building Skyline Conference Center 410 South Taylor Street 16th Floor Amarillo, Texas Friday, June 10, 2022 MODERATORS: Lon Loveless and Dwayne Smith, SBOT Family Law Section Council Members COORDINATOR: Luisa Vigil, Legal Aid of NorthWest Texas (LANWT) STATE BAR OF TEXAS Co-sponsors: TexasBarCLE, Texas Bar Books, and the Legal Access Division FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! MCLE Credit (No. 174146872): 5.50 hours includes 1.50 hours ethics. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in Civil Trial Law, Civil Appellate Law, and Family Law. This hybrid seminar – available in person and by Zoom webinar – begins at 9:00 am (CDT) with a welcome at 8:45 am (CDT). Send complete registration form to Luisa Vigil with LANWT by fax (806) 376-8056 or email VigilL@lanwt.org. For additional information about the seminar or if arrangements are needed for a participant with a disability to attend this seminar, please contact Luisa Vigil by phone (806) 373-6808 ext. 6503 or by email VigilL@lanwt.org. PLUS – Texas Bar Books will grant a complimentary one-year subscription to the online version of the Texas Family Law Practice Manual to the first ten eligible attorneys at this seminar who sign up, attend, and agree to take four pro bono cases from LANWT within a year of this course date. All other attorney attendees may receive a one-year subscription to the online version for 25% off the regular price of the subscription. Attorneys must attend the participate (in person or by zoom) in the entire seminar to qualify for the promotion. Registration spots are limited. Please register by Friday, June 3 (one week from course date)! (See following page for agenda and registration form)
CLE AGENDA (Presentation times may change without notice) FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Lon Loveless and Dwayne Smith Landon Lambert, Clarendon Stewart Werner, Amarillo Whitney Vaughn, Fort Worth
8:45 am 9:00 am 9:30 am 10:00 am 10:30 am 10:45 am 11:15 am 11:45 am 12:001:00pm
Welcome Remarks Basic Evidence and Presentation (.5) Temporary Orders (.5) Basic Discovery in Family Law Cases (.5) Break Child Support: Beyond the Basics (.5) Protective Orders (.5) Break for Lunch Judges’ Panel Discussion (1.0)
1:00 pm
Legal Aid and You – Serving Low-Income Texans (.5) Break Spy Torts & Privacy Issues in Family Law (.5) Enforcement Demonstration – The Right Way to Do It and Mistakes Not to Make (.5) Preparing for Mediation (.5) Closing Remarks
1:30 pm 1:45 pm 2:15 pm 2:45 pm 3:15 pm
Cindi Barela Graham, Amarillo Josh Woodburn, Amarillo Hon. Matt Martindale (County Court at Law 2 Randall County) Hon. Titiana Frausto (181st Potter County) Hon. James Anderson (Randall County Court at Law #1) Legal Aid Representative, LANWT Meghan Burns, Dallas Brandi Crozier, McKinney Jim Loveless, Fort Worth Lon Loveless and Dwayne Smith
Amarillo National Bank Building Skyline Conference Center 410 South Taylor Street 16th Floor Amarillo, Texas Friday, June 10, 2022 DEADLINE: Send complete registration form to Luisa Vigil by email VigilL@lanwt.org by Friday, June 3 (one week from course date)! FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! NAME: REGISTRATION TYPE:
In-Person attendance
Participation via Zoom webinar
BAR NO. EMAIL: FIRM: MAILING ADDRESS: PHONE: FAX: MATERIALS FORMAT
Check the box that applies: hardcopy of FLES articles presented in a spiralbound book digital copies of FLES articles presented on a flash drive FREE CLE IF YOU TAKE You must: TWO CASES PRO BONO Agree to handle two pro bono cases from Legal Aid of NorthWest Texas within 12 months of this course ATTORNEY SIGNATURE
The Pro Bono Committee of the Family Law Section of the State Bar of Texas and Lone Star Legal Aid (LSLA) are pleased to present this HYBRID FREE CLE event: FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Montgomery County Commissioner's Court 501 North Thompson, Fourth Floor Conroe, Texas 77301 Friday, June 24, 2022 MODERATORS: Adam Dietrich, Jacque Smith, and Nicole Voyles, SBOT Family Law Section Council Members COORDINATOR: Lena Engelage, Lone Star Legal Aid (LSLA) STATE BAR OF TEXAS Co-sponsors: TexasBarCLE, Texas Bar Books, and the Legal Access Division FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! MCLE Credit (No. 174146872): 5.50 hours includes 1.50 hours ethics. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in Civil Trial Law, Civil Appellate Law, and Family Law. This hybrid seminar – available in person and by Zoom webinar – begins at 9:00 am (CDT) with a welcome at 8:45 am (CDT). Send complete registration form to Lena Engelage, at LSLA, by fax (936) 539-2144 or email LEngelage@lonestarlegal.org. For additional information about the seminar or if arrangements are needed for a participant with a disability to attend this seminar, please contact Lena Engelage by phone (936) 539-2130, ext. 2641 or email LEngelage@lonestarlegal.org. PLUS – Texas Bar Books will grant a complimentary one-year subscription to the online version of the Texas Family Law Practice Manual to the first ten eligible attorneys at this seminar who sign up, attend, and agree to take four pro bono cases from Lone Star Legal Aid within a year of this course date. All other attorney attendees may receive a one-year subscription to the online version for 25% off the regular price of the subscription. Attorneys must attend the participate in the entire seminar to qualify for the promotion. Lunch has been generously sponsored by Jenkins Kamin LLP, Laura Dale & Associates, PC, and Smith Wilson & Dennis PC for all registered attorneys attending in person. Registration spots are limited. Please register by Friday, 4pm CT, June 17 (one week from course date)! (See following page for agenda and registration form)
CLE AGENDA (Presentation times may change) 8:45 am 9:00 am 9:30 am 10:00 am 10:30 am 10:45 am 11:15 am 11:45 am
Welcome Remarks Basic Evidence and Presentation (.5) Temporary Orders (.5) Basic Discovery in Family Law Cases (.5) Break Child Support: Beyond the Basics (.5) Protective Orders (.5) Break for Lunch
12:00-1:00 pm
Judges’ Panel Discussion (1.0)
1:00 pm 1:30 pm 1:45 pm 2:15 pm
Legal Aid and You – Serving Low-Income Texans (.5) Break Spy Torts & Privacy Issues in Family Law (.5) Enforcement Demonstration – The Right Way to Do It and Mistakes Not to Make (.5)
2:45 pm 3:15 pm
Preparing for Mediation (.5) Closing Remarks
Adam Dietrich, Jacque Smith, and Nicole Voyles Maureen Farrell, Muery & Farrell, PC Kelly Norsworthy, Jenkins & Kamin LLP Haley Burnside, Fullenweider Wilhite Rocky Pilgrim, Pilgrim Law Diamine Curvey, Banien Law Firm Generously sponsored by Jenkins Kamin LLP, Laura Dale & Associates, PC, and Smith Wilson & Dennis PC Presiding Judge Amy Tucker (Montgomery County Court #3) Presiding Judge Jennifer Robin (410th District Court) Associate Judge Scharlene Valdez (418th District Court) Lena Engelage, LSLA Hope Knight Garner, Huntsville Law Group PLLC Melissa Aldape, Laura Dale & Associates PC Allan Reitzer, Reitzer, Loudin & Montgomery, PC Adam Dietrich, Jacque Smith, and Nicole Voyles
FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Montgomery County Commissioner's Court 501 North Thompson, Fourth Floor Conroe, Texas 77301 Friday, June 24, 2022 DEADLINE: Send complete registration form to Lena Engelage, at LSLA, by fax (936) 539-2144 or email LEngelage@lonestarlegal.org. by Friday, 4pm, June 17.
FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! NAME: REGISTRATION TYPE:
In-Person attendance
Participation via Zoom webinar
BAR NO. EMAIL: FIRM: MAILING ADDRESS: PHONE: FAX: MATERIALS FORMAT
Check the box that applies: hardcopy of FLES articles presented in a spiralbound book digital copies of FLES articles presented on a flash drive FREE CLE IF YOU TAKE You must: TWO CASES PRO BONO Agree to handle two pro bono cases from Lone Star Legal Aid within 12 months of this course ATTORNEY SIGNATURE
The Pro Bono Committee of the Family Law Section of the State Bar of Texas and Texas RioGrande Legal Aid (TRLA) are pleased to present t this HYBRID FREE CLE event: FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Nueces County Courthouse 901 Leopard, 5th Floor Corpus Christi, Texas 78401 Friday, May 20, 2022 MODERATORS: Eric Robertson and Amy Rod, SBOT Family Law Section Council Members COORDINATOR: Maria Martinez, Texas RioGrande Legal Aid (TRLA) STATE BAR OF TEXAS Co-sponsors: TexasBarCLE, Texas Bar Books, and the Legal Access Division FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! MCLE Credit (No. 174146872): 5.50 hours includes 1.50 hours ethics. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in Civil Trial Law, Civil Appellate Law, and Family Law. This hybrid seminar – available in person and by Zoom webinar – begins at 9:00 am (CDT) with a welcome at 8:45 am (CDT). Send complete registration form to Maria Martinez, at TRLA, by fax (361) 883-7615 or email FLES@trla.org. For additional information about the seminar or if arrangements are needed for a participant with a disability to attend this seminar, please contact Maria Martinez by phone (361) 880-5426 or email FLES@trla.org. PLUS – Texas Bar Books will grant a complimentary one-year subscription to the online version of the Texas Family Law Practice Manual to the first ten eligible attorneys at this seminar who sign up, attend, and agree to take four pro bono cases from Texas RioGrande Legal Aid within a year of this course date. All other attorney attendees may receive a one-year subscription to the online version for 25% off the regular price of the subscription. Attorneys must attend the entire seminar (in person or via Zoom) to qualify for the promotion. Registration spots are limited. Please register by Friday, 4pm CT, May 13 (one week from course date)! (See following page for agenda and registration form)
CLE AGENDA (presentation time may change without notice) 8:45 am 9:00 am 9:30 am 10:00 am 10:30 am 10:45 am 11:15 am 11:45 am 12:001:00pm 1:00 pm
Welcome Remarks Basic Evidence and Presentation (.5) Temporary Orders (.5) Basic Discovery in Family Law Cases (.5) Break Child Support: Beyond the Basics (.5) Protective Orders (.5) Break for Lunch Judges’ Panel Discussion (1.0) Legal Aid and You – Serving Low-Income Texans (.5) Break Spy Torts & Privacy Issues in Family Law (.5) Enforcement Demonstration – The Right Way to Do It and Mistakes Not to Make (.5) Preparing for Mediation (.5) Closing Remarks
1:30 pm 1:45 pm 2:15 pm 2:45 pm 3:15 pm
Eric Robertson and Amy Rod William A. Dudley, Corpus Christi Carly Wall, Port Lavaca Kristiana Butler, Austin Ann E. Coover, Corpus Christi Ashley Pall, Victoria Hon. Inna Klein, 214th District Court, Nueces County Hon. Carlos Valdez, 148th District Court, Nueces County Tracy Figueroa, TRLA Rosalind V.O. Perez, Victoria Hilary Duncan, Victoria Nicholas V. Rothschild, Corpus Christi Course Directors
FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Nueces County Courthouse 901 Leopard, 5th Floor Corpus Christi, Texas 78401 Friday, May 20, 2022 DEADLINE: Send complete registration form to Maria Martinez, at TRLA, by fax (361) 883-7615 or email FLES@trla.org. by Friday, 4pm, May 13.
FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! NAME: REGISTRATION TYPE:
In-Person attendance
Participation via Zoom webinar
BAR NO. EMAIL: FIRM: MAILING ADDRESS: PHONE: FAX: MATERIALS FORMAT
Check the box that applies: hardcopy of FLES articles presented in a spiralbound book digital copies of FLES articles presented on a flash drive FREE CLE IF YOU TAKE You must: TWO CASES PRO BONO Agree to handle two pro bono cases from Texas RioGrande Legal Aid within 12 months of this course ATTORNEY SIGNATURE
The Pro Bono Committee of the Family Law Section of the State Bar of Texas and Legal Aid of Northwest Texas (LANWT) are pleased to present this HYBRID FREE CLE event: FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY United Electric Co-op Services Community Room 320 Fall Creek Hwy. Granbury, Texas 76049 Friday, June 3, 2022 MODERATORS: Mary Evelyn McNamara and Danny Webb, SBOT Family Law Section Council Members COORDINATOR: Ellena Simmons, Legal Aid of Northwest Texas (LANWT) STATE BAR OF TEXAS Co-sponsors: TexasBarCLE, Texas Bar Books, and the Legal Access Division FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! MCLE Credit (No. 174146872): 5.50 hours includes 1.50 hours ethics. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in Civil Trial Law, Civil Appellate Law, and Family Law. This hybrid seminar – available in person and by Zoom webinar – begins at 9:00 am (CDT) with a welcome at 8:45 am (CDT). Send complete registration form to Ellena Simmons, at LANWT, by fax (817) 339-5324 or email simmonse@lanwt.org. For additional information about the seminar or if arrangements are needed for a participant with a disability to attend this seminar, please contact Ellena Simmons by phone (817) 3395324 or email simmonse@lanwt.org. PLUS – Texas Bar Books will grant a complimentary one-year subscription to the online version of the Texas Family Law Practice Manual to the first ten eligible attorneys at this seminar who sign up, attend, and agree to take four pro bono cases from Legal Aid of NorthWest Texas within a year of this course date. All other attorney attendees may receive a one-year subscription to the online version for 25% off the regular price of the subscription. Attorneys must attend the participate (in person or by zoom) in the entire seminar to qualify for the promotion. Registration spots are limited. Please register by Friday, 4pm CT, May 27 (one week from course date)! (See following page for agenda and registration form)
CLE AGENDA (Presentation times may change) 8:45 am 9:00 am 9:30 am 10:00 am 10:30 am 10:45 am 11:15 am 11:45 am 12:001:00pm
Welcome Remarks Basic Evidence and Presentation (.5) Temporary Orders (.5) Basic Discovery in Family Law Cases (.5) Break Child Support: Beyond the Basics (.5) Protective Orders (.5) Break for Lunch Judges’ Panel Discussion (1.0)
1:00 pm
Legal Aid and You – Serving Low-Income Texans (.5) Break Spy Torts & Privacy Issues in Family Law (.5) Enforcement Demonstration – The Right Way to Do It and Mistakes Not to Make (.5) Preparing for Mediation (.5) Closing Remarks
1:30 pm 1:45 pm 2:15 pm 2:45 pm 3:15 pm
Mary Evelyn McNamara and Danny Webb Whitney Vaughan, Fort Worth Stephanie Holan, Dallas Katie Valle, Austin Trinh Warner, San Antonio Callie Dodson, Arlington Hon. Brian Bufkin (355th District Judge) Hon. Richard Hattox (Elected Judge, Hood County Court at Law) Hon. Kirk Martin (Justice of the Peace, Parker County, Pct. 4) Cindy Tisdale, SBOT President Elect, Granbury Ryan Bauerle, Plano Kimberly Pack Wilson, Stephenville Jason Wright, Austin Mary Evelyn McNamara and Danny Webb
United Electric Co-op Services Community Room 320 Fall Creek Hwy Granbury, Texas 76049 Friday, June 3, 2022 DEADLINE: Send complete registration form to Ellena Simmons by fax (817) 339-5324 or email simmonse@lanwt.org. by Friday, 4pm, May 27.
FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! NAME: REGISTRATION TYPE:
In-Person attendance
Participation via Zoom webinar
BAR NO. EMAIL: FIRM: MAILING ADDRESS: PHONE: FAX: MATERIALS FORMAT
Check the box that applies: hardcopy of FLES articles presented in a spiralbound book digital copies of FLES articles presented on a flashdrive or via Dropbox FREE CLE IF YOU TAKE You must: TWO CASES PRO BONO Agree to handle two pro bono cases from Legal Aid of NorthWest Texas within 12 months of this course ATTORNEY SIGNATURE
The Pro Bono Committee of the Family Law Section of the State Bar of Texas and Lone Star Legal Aid (LSLA) are pleased to present this HYBRID FREE CLE event: FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Courtyard by Marriott Longview North 1125 E. Hawkins Parkway – Sapphire Suite Longview, TX 75605 Friday, May 13, 2022 MODERATORS: Roxie Cluck, Tammy Moon, and Natalie Webb, SBOT Family Law Section Council Members COORDINATOR: Sheila Timberlake,Lone Star Legal Aid (LSLA) STATE BAR OF TEXAS Co-sponsors: TexasBarCLE, Texas Bar Books, and the Legal Access Division FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year! MCLE Credit (No. 174146872): 5.50 hours includes 1.50 hours ethics. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in Civil Trial Law, Civil Appellate Law, and Family Law. This hybrid seminar – available in person and by Zoom webinar – begins at 9:00 am (CDT) with a welcome at 8:45 am (CDT). Send complete registration form to Sheila Timberlake, at LSLA, by fax (903) 758-1817 or email stimberlake@lonestarlegal.org. For additional information about the seminar or if arrangements are needed for a participant with a disability to attend this seminar, please contact Sheila Timberlake by phone (903) 758-9123 or email stimberlake@lonestarlegal.org. PLUS – Texas Bar Books will grant a complimentary one-year subscription to the online version of the Texas Family Law Practice Manual to the first ten eligible attorneys at this seminar who sign up, attend, and agree to take four pro bono cases from Lone Star Legal Aid within a year of this course date. All other attorney attendees may receive a one-year subscription to the online version for 25% off the regular price of the subscription. Attorneys must participate in the entire seminar either in person or virtually by Zoom webinar to qualify for the promotion. Registration spots are limited. Please register by Friday, 4pm CT, May 6 (one week from course date)! (See following page for agenda and registration form)
CLE AGENDA (Presentation times may change) 8:45 am 9:00 am 9:30 am 10:00 am 10:30 am 10:45 am 11:15 am 11:45 am 12:00-1:00 pm
Welcome Remarks Basic Evidence and Presentation (.5) Temporary Orders (.5) Basic Discovery in Family Law Cases (.5) Break Child Support: Beyond the Basics (.5) Protective Orders (.5) Break for Lunch Judges’ Panel Discussion (1.0)
1:00 pm
Legal Aid and You – Serving Low-Income Texans (.5) Break Spy Torts & Privacy Issues in Family Law (.5) Enforcement Demonstration – The Right Way to Do It and Mistakes Not to Make (.5) Preparing for Mediation (.5) Closing Remarks
1:30 pm 1:45 pm 2:15 pm 2:45 pm 3:15 pm
Roxie Cluck, Tammy Moon, and Natalie Webb Melissa Cowle, Dallas Katie Lewis, Dallas Jillian French, Austin Andrew Passons, Denton Mary Evelyn McNamara, Austin Hon. Chad Dean, County Court at Law, Rusk County Additional names coming soon. Sheila Timberlake, LSLA Christine Thrash, Houston Sarah Keathley, Corsicana Robert Sullivan, Dallas Roxie Cluck, Tammy Moon, and Natalie Webb
FAMILY LAW ESSENTIALS SEMINARS - GIVING BACK TO YOUR COMMUNITY Courtyard by Marriott Longview North 1125 E. Hawkins Parkway – Sapphire Suite Longview, TX 75605 Friday, May 13, 2022 DEADLINE: Send complete registration form to Sheila Timberlake, at LSLA, by fax (903) 758-1817or email stimberlake@lonestarlegal.org. by Friday, 4pm, May 6.
FREE CLE for attorneys who pledge to take TWO pro bono cases within the next year!
NAME:
REGISTRATION TYPE:
In-Person attendance
Participation via Zoom webinar
BAR NO. EMAIL: FIRM: MAILING ADDRESS: PHONE: FAX: MATERIALS FORMAT
Check the box that applies: hardcopy of FLES articles presented in a spiralbound book digital copies of FLES articles presented on a flash drive FREE CLE IF YOU TAKE You must: TWO CASES PRO BONO Agree to handle two pro bono cases from Lone Star Legal Aid within 12 months of this course ATTORNEY SIGNATURE
Tues, Day 1: Zoom link (here) Wed., Day 2: Zoom link (here) Zoom links also included on following pages
2022 PBCR Agenda August 23 ‐ August 24 | Austin, TX | Hilton Austin | 4th Floor Tuesday, August 23 ‐ Day 1 (Salon D) 9:00 ‐ 9:15
Retreat Welcome Presenter: Trey Apffel,Executive Director, State Bar of Texas
9:15 ‐ 9:30
Texas Access to Justice Foundation Update Presenter: Betty Balli Torres, Executive Director, TAJF
9:30 ‐ 9:45
Texas Access to Justice Commission and SBOT Legal Access Division Update Presenter: Trish McAllister, Executive Director, TAJC, and LAD Director
9:45 ‐ 11:00
Pro Bono is a Field of Dreams! But If You Build It, Will They Come? Presenter(s): Jessie Campbell, Lone Star Legal Aid; Tracy Figueroa, Texas Rio Grande Legal Aid
11:00 ‐ 12:15
A Holistic Approach to Pro Bono Casework Presenter(s): Elizabeth Hilbun, Executive Director, Living Legacy Center
12:15 ‐ 1:15 1:15 ‐ 2:30
2:45 ‐ 4:00
Lunch (Salon E) Leveraging Paladin to Effectively Streamline Pro Bono Processes: Highlights of Best Practices and Case Studies Presenter(s): Stacy Zinken, Paladin; Pablo Javier Almaguer, Texas RioGrande Legal Aid, Inc.; Brittany Krohn; Houston Volunteer Lawyers; Karina Garza, Volunteer Legal Services of Central Texas Injustice of the Peace Presenter(s): Mark Melton
Wednesday, August 24 ‐ Day 2 (Salon D) 8:30 ‐ 9:45
10:00 ‐ 11:15
Engaging and Motivating Volunteers in a Virtual World: Lessons learned and a dialogue on where we go from here Presenter(s): Michelle Alden, Dallas Volunteer Attorney Program; Anne Chandler, Houston Volunteer Lawyers; Brittany Krohn, Houston Volunteer Lawyers How much is too much? Presenter(s): Brettney Moore, Legal Aid of NorthWest Texas
Session Descriptions
August 23, Day 1 – Zoom link (click here); Meeting ID: 861 0038 6834; Passcode: 322337 9:00 am
Retreat Welcome
9:15 am
Texas Access to Justice Foundation Update
9:30 am
Texas Access to Justice Commission & SBOT Legal Access Division Update
9:45 am
Presenter: Trey Apffel, Executive Director, State Bar of Texas
Presenter: Betty Balli Torres, Executive Director, TAJF
Presenter: Trish McAllister, Executive Director, TAJC, and LAD Director
Pro Bono is a Field of Dreams! But If You Build It, Will They Come? (0.25 ethics)
Presenter(s): Jessie Campbell, Lone Star Legal Aid; Tracy Figueroa, Texas Rio Grande Legal Aid
Pro Bono is viewed as a Field of Dreams – a solution to bridge the justice gap where client needs outpace available staff resources. But is it as simple as placing an opportunity on a newsletter or portal? Marketing is a pivotal component of pro bono recruitment and engagement. In this interactive session, we will “workshop” a hypothetical client through different recruitment techniques. Through this journey, we will develop a marketing plan, learn about different types of marketing tools, identify our audience, define metrics of success, identify marketing pitfalls, and learn how to craft a meaningful message – all with an eye towards converting lurkers to active volunteers.
11:00 am
A Holistic Approach to Pro Bono Casework
Presenter(s): Elizabeth Hilbun, Executive Director, Living Legacy Center
Behind the request for legal assistance from populations unable to afford legal services lies a much greater need. A holistic approach to case management encompasses not only the legal need but touches upon the psychological, physical, emotional, and spiritual needs of the client. Connection to community during the process creates a revolutionary change in the client, creating a pay-it-forward attitude in the client and helps minimize the social dependence on the government.
12:15 pm
Lunch
1:15 pm
Leveraging Paladin to Effectively Streamline Pro Bono Processes: Highlights of Best Practices and Case Studies
Presenter(s): Pablo Javier Almaguer, Texas RioGrande Legal Aid; Karina Garza, Volunteer Legal Services of Central Texas; Brittany Krohn; Houston Volunteer Lawyers; Stacy Zinken, Paladin
It’s crucial pro bono organizations and coordinators tasked with placing matters are empowered with the tech that creates synergies across their workflows and client needs. Paladin will share case studies of innovative users at pro bono organizations large and small who are utilizing Paladin to streamline their processes, maximize pro bono resources within organizations, and increase their pool of volunteers. We will discuss strategies specifically targeted at how pro bono coordinators can maximize their volunteer base, optimize postings on Paladin, and where Paladin is going in its integrations with LegalServer and other case management systems.
Session Descriptions
August 23, Day 1 2:45 pm
Injustice of the Peace Presenter(s): Mark Melton
For the past two years, I have been running a pro bono program that has helped more than 10,000 Texas tenants facing eviction. This session will discuss not only the massive injustice witnesses but how we as coordinators can overcome some of those injustices.
August 24, Day 2 – Zoom link (click here); Meeting ID: 885 4513 2163; Passcode: 517570 8:30 am
Engaging and Motivating Volunteers in a Virtual World: Lessons learned and a dialogue on where we go from here Presenter(s): Michelle Alden, Dallas Volunteer Attorney Program; Anne Chandler, Houston Volunteer Lawyers; Brittany Krohn, Houston Volunteer Lawyers In this session, we will discuss and reflect on strategies used to recruit and motivate pro bono attorneys working virtually. We’ll break down understanding a volunteer’s motives, the power of efficient volunteer opportunities, creating networking opportunities, and recognizing a volunteer's work. This interactive session will encourage participants to discuss what has or hasn’t worked for their programs.
10:00 am
How much is too much?
Presenter(s): Brettney Moore, Legal Aid of NorthWest Texas This session will reveal a model of how LANWT handles high volume case matters with pro bono attorneys with brief overview of Class C case model.
End of the 2022 PBCR
How Legal Aids Can Respond to Mass Housing Cases Under LSC Regulations Farwah Raza, LANWT Raisch Tomlanovich, LANWT
Housing and Consumer Law (In Person Only ‐ Rm. 406) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Disaster Law (Hybrid ‐ Rm. 408)
Disaster Lawyering 2.0 Stephanie Duke, DRTx Sean Jackson, DRTx
Employment Law (Virtually ONLY ‐ NO ASSIGNED ROOM) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Family Law (NOT MEETING VIRTUALLY or IN PERSON)
1:00 ‐ 2:15
2:30 ‐ 3:45
TASK FORCE MEETINGS 4:00 ‐ 5:00
Section Meeting 5:15 ‐ 6: 30
Wed. Aug. 24
Wed. Aug. 24
Wed. Aug. 24
Overcoming Obstacles in Obtaining a Texas ID/DL Samuel Marsh, Beacon Law Brettney Moore, LANWT Krystal Williams, Beacon Law
The Gig Economy and Self‐Employment: What Every Legal Aid Lawyer Should Know Karyna Lopez, LSLA Miranda Rhyne, LANWT
Wed. Aug. 24
Introduction to Entity‐Based Defenses in Eviction Proceedings Stuart Campbell, Dallas Eviction Advocacy Center Jessica Vittorio, Dallas Evic on Advocacy Center
Texas Public Information Act: Overview & Application Terrance (Terry) O'Neill, Jr., LSLA
11:30 ‐ 12:45
Room 406
Salon E
Wed. Aug. 24
Day, Date and Times
Room 408
Room 410
Juvenile Justice and Education (In Person only ‐ Rm. 410)
Helping Homeless Students Melissa Arano, LANWT
Key Tips and Current Updates in Special Education Colleen Potts, Disability Rights Texas
Poverty Law Section Annual Meeting (Salon E)
Immigration Law (NOT MEETING VIRTUALLY or IN PERSON)
The Intersection of Family Law and Immigration Law Paul Friener, LANWT Ify Ononogbu, Law Office of Ify Ononogbu
COFFEE BREAK
Revisiting 1L: Applying Contracts Law in Poverty Litigation Clayton Hodges, LANWT Becky Moseley, LANWT
The Refugee Crisis: How Can We Best All Grown Up: Removing the Disabilities of Serve the Incoming Refugee Populations Minority of a Minor Nadia Khalid, Catholic Charities Dallas Melissa Arano, LANWT Nubia Torres, Catholic Charities Dallas
Wednesday, August 24
Privacy and Confidentiality for Sexual Assault Survivors Merissa Kogutt, LANWT Anwesha Sarkar, LANWT
Room 415AB
Community Development and Environmental Justice (Hybrid ‐ Rm. 412)
The Life‐Changing Magic of Tidying Up (Title): Best Practices for Clear Title Projects in Texas Kat Doucette, San Antonio Legal Services Association Genevieve Fajardo, St. Mary's University School of Law Emily Weiskopf, LANWT
Public Benefits (Hybrid ‐ Rm. 415AB)
When CPS Gets Involved in Your Case Aaryn Lamb, LANWT
Tackling Drainage and Repeat Flooding in Findings of Family Violence ‐ Strategies on RGV: An Ongoing Case Study in Long‐Term Proving a History and Pattern of Family Violence Disaster Recovery Carey Buxton, TRLA Jasmine Bhatt, Texas Advocacy Project Ana Laurel, TRLA Pooja Pathak, Texas Advocacy Project Anna Novak, TRLA
Better Tech, Better Outcomes Aaryn Lamb, LANWT
Room 412
10:00 ‐ 11:15
11:30 ‐ 1:00
1:15 ‐ 2:30
2:45 ‐ 4:00
Thurs. Aug. 25
Thurs. Aug. 25
Thurs. Aug. 25
Thurs. Aug. 25
#NAME?
8:30 ‐ 9:45
Thurs. Aug. 25
Day, Date and Times
Defending Section 8 Evictions ‐‐ Project‐Based & Vouchers Fred Fuchs, TRLA
Using the Federal False Claims Act to Help Your Housing Clients Miranda Guerrero, TRLA Alex Stamm, TRLA
Organizing Your Info: Pro Se, Pro Bono, and Anyone Martha Beard‐Duncan, TLSC Chanita Chantaplin‐McLelland, Illinois Legal Aid Online Michael Hofrichter, LegalServer
Educating the Courts on Rule 145: Citation by Publication and other Costs of Court ‐ Advocating for Access to the Courts for Indigent Litigants Kelley Austin, Earl Carl Institute Lisa Nelsen, Earl Carl Institute Desiree Mendoza, Earl Carl Institute IDs, Birth Certificates, and Passports: Assisting Underdocumented Citizens Hope Bettler, TRLA Peter McGraw, TRLA
Public Records ‐ "Free" Evidence Aaryn Lamb, LANWT
Room 408
Thursday, August 25
Landlord/Tenant Update: A Randomly Organized Assortment of New Facts and Law for the Unwary Nelson Mock, TRLA
Effect of New Exemption Rules on Turnover/Garnishment Rich Tomlinson, LSLA
Oh Where, Oh Where has the Respondent gone? Getting service when the other party is “missing in action” Hon. Richard Bell, Ft. Bend County Hon. Janet Heppard, Ft. Bend County
What every Poverty Law Practitioner should know about Immigration: Hot Topics Nadia Khalid, Catholic Charities‐Dallas Carolina Rivera, Catholic Charities‐Dallas
Issues with Buying Cars in Texas Joyce Lowe, TxDMV Jennafer Tallant, TxDMV
COFFEE BREAK
Automating for an Audience: Self Represented Persons and Internal Use Luigi Bai, LSLA Michael Hofrichter, LegalServer Aaron Varner, TLSC
Room 412
Oops I Did it Again: Common Pitfalls When Seeking Temporary Guardianships Charlo e Key, LANWT Valerie Sanchez, LANWT
Non‐Profit Formation and Community Lawyering Rosetta Howard‐Jackson, LANWT Andrea March, TRLA Chase Porter, LSLA
Education Dispute Resolution: How to Community lawyering is possible with LSC funding Let the School Know that You Disagree Wendi Hammond, LANWT with Them Adam Pirtle, LANWT Melissa Arano, LANWT Shiloh Carter, Disability Rights Texas
Room 410
I Finally Am Who I've Always Been: Name and Gender Marker Change Cases for Trans and Gender Diverse Clients Gabriel Sanchez, TRLA Marisa Sanchez, TRLA
Due Process for Students with Disabilities in School Disciplinary Proceedings Amber Banks, TRLA Sesenu Woldemariam, TRLA
Protective orders – from the basics to legislative updates Sara Fix, LANWT Christofer Tracy, LANWT
Working Together While Apart: Navigating Co‐Parenting with an Abusive Partner Kaitlyn Eberhardt, TAP Allison Neal, TAP
DFPS in Texas: Defending Against Invasive Allegations of Abuse & Neglect Leila Blatt, TRLA Cindy Dyar, TRLA
Room 415AB
When Family Violence, CPS, and Criminal Forced out: Government displacement Law Collide: How Overlapping Systems Can of renters and homeowners Work Together to Promote Family Stability Lizbeth Parra Davila, TRLA and Child Safety Matthew Garcia, TRLA Sarah Bryant, TLSC Shoshana Krieger, BASTA Shelli Egger, TLSC Erin Toolan, TLSC
Filing Administrative Complaints under Title VI of the Civil Rights Act Natasha Bahri, LSLA Amy Dinn, LSLA
Keynote Luncheon Using the Service Delivery Gap to Strengthen Your Program and Expand Access to Justice, presented by Katherine Alteneder, Self‐Represented Litigation Network
Room 406
Salon E
5‐5‐5: What Every Lawyer Should Know About Trauma‐Informed Initial Client 11:30 ‐ 12:45 Interviews and Beyond Gabrielle Marshall, TRLA Eden Klein, TRLA
Fri. Aug. 26
#NAME?
10:00 ‐ 11:15
CANCELLED
Judgment Liens and Real Property TBD
Eviction Defense in Texas Elliott Tucker, STCL Jerry Loza, STCL
Reasonable Accommodations for Attorneys and Staff with Disabilities Hannah Cramer, TRLA Michael Urena, TRLA
Fri. Aug. 26
What Every Family Law Professional Should Know about Bankruptcy, but Didn’t Know to Ask! Victor Hunt, LANWT
FEMA’s Secret Rules: How FEMA’s Failure to Publish their Eligibility Standards Harms Low‐Income Disaster Survivors Hannah Dyal, TRLA Brittanny Gomez, TRLA
8:30 ‐ 9:45
Room 406
Salon E
Fri. Aug. 26
Day, Date and Times
#NAME?
Room 410
Room 412
Housing Protections for Survivors Caitlin Fish, TRLA Kelli Howard, TRLA
Room 415AB
Working Alongside Faith‐Based Communities Michael Bates, LANWT
COFFEE BREAK Making the Community Reinvestment Act Work for Low‐Income Communities Guardianship Challenges Nancy Jakowitsch, LANWT Tanner Hartnett, The Hartnett Law Firm Supawon Lervisit, LANWT Emily Weiskopf, LANWT
Human Trafficking: Defining, Screening, Identifying, and Holistically Assisting Survivors of Sex and Labor Trafficking Paul Friener, LANWT Laramie Gorbett, Texas Assn. Against Sexual Assault Kathleen Klein, MOSAIC Services
Just Transition and Reproductive Rolling into Court with the Squad: A Trauma‐ Representing Unaccompanied Children How to conduct Effective Outreach In a Justice: Why it Matters and What you Informed and Holistic Approach for Survivor Carmen Portillo, Kids in Need of Rural Community: Best Practices Need to Know Resiliency Defense (KIND) Cristian Perez, LANWT Melissa Thrailkill, Elizabeth Barrera Sepulveda, TRLA Silvia Ruiz Mancera, KIND Roman Ramos, TRLA Law Offices of Brandy Wingate Voss, Stephanie Harlien, TRLA Rodolfo Castillo Altillo, KIND Anwesha Sarkar, LANWT Myda Hernandez, TRLA PLLC
We're Everywhere (Even When We're The Red‐Headed Step‐Child: Advocates When to sue vs. exhausting the and Social Workers Not): How Legal Service Providers Can administrative process in employment Sylvia Dominguez‐Santillan, LANWT Build LGBTQ+‐Inclusive Programs law cases Rebeca Mendoza, LANWT Gabriel Sanchez, TRLA Cornelia Alvarez, LANWT Ariel Santillan, LANWT Cristian Sanchez, RAICES
Room 408
Friday, August 25
Session Descriptions
Wednesday, August 24: 11:30 am – 12:45 am All Grown Up: Removing the Disabilities of Minority of a Minor Presenter(s): Melissa Arano, Legal Aid of NorthWest Texas Zoom link HERE; ID: 861 7264 3935; Passcode: 364493 During this session, I will discuss how to remove the disabilities of minority of a minor. Attendees will learn who is eligible for emancipation, how to move through the emancipation process, and will learn some of the pitfalls and advantages of emancipation. Better Tech, Better Outcomes Presenter(s): Aaryn Lamb, Legal Aid of NorthWest Texas Zoom link HERE; ID: 860 5927 1817; Passcode: 907490 During this session, we will explore low-cost or free tech reviews/suggestions for training, presentations, and scheduling. Discussion will also include how to better utilize the tech you already have (i.e. Microsoft and G-suite). Introduction to Entity-Based Defenses in Eviction Proceedings Presenter(s): Stuart Campbell, Dallas Eviction Advocacy Center; Jessica Vittorio, Dallas Eviction Advocacy Center Zoom link HERE; ID: 820 5790 8544; Passcode: 431959 This session will introduce business organization-related arguments and defenses for attorneys representing tenants in residential eviction cases. The issues addressed will focus primarily on business organizations, tax, and corporate laws and examine how to utilize these areas in eviction cases to aid in well-rounded tenant defense. Discussion will include the current laws for business organization related arguments and a detailed explanation of how to use these arguments, and how to find and prepare the evidence needed to support these arguments. Privacy and Confidentiality for Sexual Assault Survivors Presenter(s): Merissa Kogutt, Legal Aid of NorthWest Texas; Anwesha Sarkar, Legal Aid of NorthWest Texas Zoom link HERE; ID: 825 4384 4741; Passcode: 913328 This panel will walk through ways to maintain privacy through the entire process, from the initial report to the police, through the entire court proceeding. Discussion will focus on specific questions we see raised in practice such as advocate confidentiality and attorney client privilege, quashing subpoenas, sealing courtrooms, protective orders for documents, and sealing records. These issues and others will be discussed as they relate to a typical LASSA case, a Protective Order, or a divorce/custody case.
The Refugee Crisis: How Can We Best Serve the Incoming Refugee Populations Presenter(s): Nadia Khalid, Catholic Charities Dallas; Nubia Torres, Catholic Charities Dallas Zoom link HERE; ID: 835 4160 9389; Passcode: 377170 With the recent influx of Afghan arrivals in the U.S. and the recent developments in Ukraine, it is increasingly important to know how to advise, assist, and guide the refugee population as they arrive in the U.S. This session will cover what social services and benefits are immediately available to refugees, common sources of legal relief, and how best to deliver trauma-informed aid. Texas Public Information Act: Overview & Application Presenter(s): Terrance O'Neill, Jr., Lone Star Legal Aid Zoom link HERE; ID: 851 4839 8873; Passcode: 475850 In this session, attendees will receive an overview of TPIA and learn strategies for navigating bureaucratic blocks. TPIA can be a powerful tool: it enables access to many government records, which an attorney can use to investigate and defend cases. TPIA has been helpful during COVID, compelling publicly funded emergency rental assistance entities to provide a variety of records, including tenant applications, application reviews/approvals, landlord certifications, and payment disbursements. Many times, government entities misunderstand or misapply TIPA, improperly erecting barriers. With an understanding of the Act’s key presumptions and procedures, an attorney can persuasively prompt public servants to produce releasable records.
Session Descriptions
Wednesday, August 24: 1:00 pm – 2:15 pm Findings of Family Violence - Strategies on Proving a History and Pattern of Family Violence Presenter(s): Jasmine Bhatt, Texas Advocacy Project; Pooja Pathak, Texas Advocacy Project Zoom link HERE; ID: 836 9503 7465; Passcode: 167865 The panel will discuss strategies for obtaining a finding of family violence in Family Law cases and reference relevant caselaw regarding family violence findings. The Gig Economy and Self-Employment: What Every Legal Aid Lawyer Should Know Presenter(s): Karyna Lopez, Lone Star Legal Aid; Miranda Rhyne, Legal Aid of NorthWest Texas Zoom link HERE; ID: 853 2723 0127; Passcode: 205941 The pandemic has led American workers to engage in work outside of traditional employer-employee relationships. The American Rescue Act includes several important changes for gig economy workers about which legal aid providers should know. Discussion will focus on reporting requirements for payments from gig economy companies, like Uber and Door Dash, and documentation clients need to avoid IRS issues. It will also include common self-employment tax issues, such as issue spotting and audits and complex issues that may warrant a referral to a LITC. The intended audience is the non-tax practitioner. Key Tips and Current Updates in Special Education Presenter(s): Colleen Potts, Disability Rights Texas Zoom link HERE; ID: 820 6249 2696; Passcode: 138241 This session is designed to provide a practical guide to legal aid providers in any area in identifying special education issues, providing basic advice and understanding current trends and changes in practice. Overcoming Obstacles in Obtaining a Texas ID/DL Presenter(s): Samuel Marsh, Beacon Law; Brettney Moore, Legal Aid of NorthWest Texas; Krystal Williams, Beacon Law Zoom link HERE; ID: 822 6832 8291; Passcode: 869081 Discussion in this session will include the obstacles many people face in obtaining a Texas ID/DL such as outstanding traffic citations, DL suspensions for no insurance or invalid DL, and obtaining an occupational DL.
Revisiting 1L: Applying Contracts Law in Poverty Litigation Presenter(s): Clayton Hodges, Legal Aid of NorthWest Texas; Becky Moseley, Legal Aid of NorthWest Texas Zoom link HERE; ID: 821 4724 3002; Passcode: 844762 We might have taken contracts in our first year at law school, but who remembers that? Plus there's so much more to know as poverty lawyers. Contractual concepts come up frequently in debt defense, consumer protection, homeownership disputes, and landlord-tenant matters. In this session we will review the basic tenets of contracts law as well as alternatives in equity if there was never a contract to begin with. Then we will review the top contractual tools for the poverty law attorney. Whether you didn't learn it the first time around, or have long since forgotten law school, come discuss Contracts 102. Tackling Drainage and Repeat Flooding in RGV: An Ongoing Case Study in Long-Term Disaster Recovery Presenter(s): Carey Buxton, Texas RioGrande Legal Aid; Ana Laurel, Texas RioGrande Legal Aid; Anna Novak, Texas RioGrande Legal Aid Zoom link HERE; ID: 892 7479 5360; Passcode: 836325 Since 2015, Texas’ Rio Grande Valley has experienced 5 catastrophic storm events, 4 of which severe enough to trigger a major disaster declaration by FEMA. Communities will continue to seek solutions to address their drainage infrastructure as climate change ensures these storms will continue increasing in severity and frequency. Texas RioGrande Legal Aid has been working with clients and community groups to address these problems by building tools disaster survivors can use for selfadvocacy and attorneys can use to explore litigation and engage in community outreach/education. The panel will present these tools, how they are used, and how other legal aid programs can create their own.
Session Descriptions
Wednesday, August 24: 2:30 pm – 3:45 pm Disaster Lawyering 2.0 Presenter(s): Stephanie Duke, Disability Rights Texas; Sean Jackson, Disability Rights Texas Zoom link HERE; ID: 854 2502 6905; Passcode: 745849 This presentation will focus on how emergency and disaster preparedness activities can mitigate some of the legal needs generally experienced after a disaster within the communities we serve. Actionable disaster law cases can intersect with every substantive area of law and will always come to fruition after an event. Unfortunately, legal aid will continue to not be able to meet the demand for legal services after tragic events, so any activity that can mitigate the lack of access to justice is critical for our communities. Discussion will include how to conduct, facilitate, and promote preparedness activities to build resiliency for our communities, and establish legal aid as trusted partners, sustain relationships for continued work, and afford inclusive opportunities to address emerging community needs. Helping Homeless Students Presenter(s): Melissa Arano, Legal Aid of NorthWest Texas Zoom link HERE; ID: 816 6194 8201; Passcode: 006808 The McKinney-Vento Act provides many protections and benefits for students who qualify as homeless under the Act. This session will provide an overview of the services that schools must provide for homeless students and what qualifies a student as "homeless". It will also provide an overview of the dispute resolution process when advocating for McKinneyVento Act-related issues in the schools. How Legal Aids Can Respond to Mass Housing Cases Under LSC Regulations Presenter(s): Farwah Raza, Legal Aid of NorthWest Texas; Raisch Tomlanovich, Legal Aid of NorthWest Texas Zoom link HERE; ID: 848 7783 2685; Passcode: 150111 Due to source of income discrimination laws and skyrocketing housing prices, large numbers of low-income people are at risk of eviction, often in large numbers from the same apartment complex, due to the actions of irresponsible or negligent landlords. This session will cover how to respond to these disasters strategically under LSC regulations.
The Intersection of Family Law and Immigration Law Presenter(s): Paul Friener, Legal Aid of NorthWest Texas; Ify Ononogbu, Law Office of Ify Ononogbu Zoom link HERE; ID: 859 6705 0247; Passcode: 461214 This presentation will help practitioners: identify how to do a proper, thorough intake of noncitizens in the family-law context and the implications of how certain family court filings, drafting decisions, and outcomes could affect immigration cases; and identify common issues and solutions in handling Family-Law cases for noncitizens, including Divorces and Suits Affecting Parent-Child Relationships. The speakers will discuss practice tips and best practices and how the two areas intersect (e.g. Protective Orders & U-Nonimmigrant Certifications/Visas; Divorces & VAWA Self Petitions, Annulments, Petitions to Remove Conditions on Residence for marriages involving domestic violence, Custody suits & SIJS, and when to file Naturalization if a client is in an abusive marriage and the Green Card is marriage-based. The speakers will help prepare attorneys perform intake by discussing the various immigration statuses and adjusting statuses. The Life-Changing Magic of Tidying Up (Title): Best Practices for Clear Title Projects in Texas Presenter(s): Kat Doucette, San Antonio Legal Services Assn.; Genevieve Fajardo, St. Mary's University School of Law; Emily Weiskopf, Legal Aid of NorthWest Texas Zoom link HERE; ID: 840 6678 4582; Passcode: 860927 Title defects prevent homeowners from accessing repair programs, getting loans, obtaining disaster relief, or selling the property. Title problems often arise when someone dies without a will, which automatically divides a home between multiple heirs. This panel will discuss what communities can do to clear property titles for low-income homeowners, including best practices across Texas, and a description of San Antonio’s Land Title Program, a citynonprofit-university partnership to clear title. When CPS Gets Involved in Your Case Presenter(s): Aaryn Lamb, Legal Aid of NorthWest Texas Zoom link HERE; ID: 853 0739 0365; Passcode: 630312 In this session, the speaker will share the steps as to how CPS becomes involved, what happens after a referral is made to CPS, and how to deal with CPS if they become involved with your client or in your case.
Session Descriptions
Thursday, August 25: 8:30 am – 9:45 am Community Lawyering is Possible with LSC Funding Presenter(s): Wendi Hammond, Legal Aid of NorthWest Texas; Adam Pirtle, Legal Aid of NorthWest Texas Zoom link HERE; ID: 837 1477 7727; Passcode: 934448 Although there are certainly challenges, you can practice community lawyering without running afoul of LSC regulations and without going gray prematurely. The presentation will focus on how to navigate LSC restrictions while still building a community group’s power and helping to achieve their goals. It will cover topics such as how to legally communicate with government bodies and parsing out whether an action is impermissible lobbying or allowable representation in a quasijudicial forum. Others are invited to participate in a sharing session following the presentation. Defending Section 8 Evictions -- Project-Based & Vouchers Presenter(s): Fred Fuchs, Texas RioGrande Legal Aid Zoom link HERE; ID: 880 6185 3631; Passcode: 194145 This session will focus on defending evictions from projectbased section 8, including project-based vouchers, and Section 8 Housing Choice Voucher Program. DFPS in Texas: Defending Against Invasive Allegations of Abuse & Neglect Presenter(s): Leila Blatt, Texas RioGrande Legal Aid; Cindy Dyar, Texas RioGrande Legal Aid Zoom link HERE; ID: 891 4820 9534; Passcode: 611789 Thousands of Texas parents are reported for alleged child abuse or neglect to the Texas Department of Family and Protective Services for circumstances often stemming from poverty each year. From the initial report, parents may face investigations, services, lasting administrative findings, and child placement outside the home all without having a day in court, and without the assistance of an attorney. For many indigent parents seeking legal assistance with public benefits, housing, and employment, they face DFPS involvement as well. This session will provide an overview of the different stages where indigent Texans are likely to encounter DFPS intervention outside the courts, as well as the disproportionate impact of the DFPS system on indigent, Black and Brown families.
Education Dispute Resolution: How to Let the School Know that You Disagree with Them (0.50 ethics) Presenter(s): Melissa Arano, Legal Aid of NorthWest Texas; Shiloh Carter, Disability Rights Texas Zoom link HERE; ID: 820 7101 3840; Passcode: 147118 This panel will provide an overview of the education dispute resolution process at the local school district level and the state level. Organizing Your Info.: Pro Se, Pro Bono, and Anyone Presenter(s): Martha Beard-Duncan, Texas Legal Services Center; Chanita Chantaplin-McLelland, Illinois Legal Aid Online; Michael Hofrichter, LegalServer Zoom link HERE; ID: 810 3205 9771; Passcode: 726778 We all want to share what we know. Some ways work better than others. This panel will discuss how some organizations have worked to share their content with different audiences. Sometimes that was pro se litigants, volunteer attorneys, technical staff, legal aid staff, or just the general public. Public Records - "Free" Evidence Presenter(s): Aaryn Lamb, Legal Aid of NorthWest Texas Zoom link HERE; ID: 862 2684 9041; Passcode: 130660 This presentation will impart how to locate and utilize public records in litigation and use them to benefit your client’s case. Discussion will include family law, housing, trial advocacy, etc.
Session Descriptions
Thursday, August 25: 10:00 am – 11:30 am Educating the Courts on Rule 145: Citation by Publication and other Costs of Court - Advocating for Access to the Courts for Indigent Litigants Presenter(s): Kelley Austin, Earl Carl Institute; Lisa Nelsen, Earl Carl Institute; Desiree Mendoza, Earl Carl Institute Zoom link HERE; ID: 895 4645 7219; Passcode: 000449 Poverty law attorneys thought the revised TRCP 145 would resolve ongoing difficulties in access to justice for indigent clients who cannot afford to pay litigation related costs. Rule 145, as amended in 2021, clearly states that costs include fees for issuance and service of process, payments to professionals and copies, but courts and clerks continue to argue that the Statement of Inability to Pay Costs does not require the county to pay for those costs. Participants will learn successful strategies in educating courts and clerks on what Rule 145 requires. IDs, Birth Certificates, and Passports: Assisting Underdocumented Citizens Presenter(s): Hope Bettler, Texas RioGrande Legal Aid; Peter McGraw, Texas RioGrande Legal Aid Zoom link HERE; ID: 821 3893 0475; Passcode: 843275 This session will provide an overview of common obstacles to getting/renewing IDs, birth certificates, and/or passports for people born in Texas outside of hospital settings. "Underdocumented" citizens must navigate a labyrinth of bureaucracy to get IDs or passports, from haggling with the local driver license office to federal litigation against the State Department with your client's proof of citizenship at stake. The session will introduce a comprehensive guide/toolkit to these issues and help attendees become familiar with using the guide to troubleshoot ID document issues. Non-Profit Formation and Community Lawyering Presenter(s): Rosetta Howard-Jackson, Legal Aid of NorthWest Texas; Andrea March, Texas RioGrande Legal Aid; Chase Porter, Lone Star Legal Aid Zoom link HERE; ID: 867 6994 0120; Passcode: 708112 Grassroots community organizations play key roles in supporting lowincome neighborhoods and advocating for equitable, communitydriven development and revitalization. The biggest obstacle groups often encounter is effective management of their non-profit/tax exempt organizations. Presenters from LSLA, LANWT, and TRLA will describe their work and education activities with current and aspiring community-level nonprofit leaders. Presenters will also share tools and templates they created to make it easier for groups to keep records, write effective grants, conduct short-term and long-term planning, and stay in compliance with federal and state requirements for tax-exempt organizations.
Oops I Did it Again: Common Pitfalls When Seeking Temporary Guardianships (0.25 ethics) Presenter(s): Charlotte Key, Legal Aid of NorthWest Texas; Valerie Sanchez, Legal Aid of NorthWest Texas Zoom link HERE; ID: 886 1784 4407; Passcode: 931084 Temporary guardianships are a tool that can be really helpful when assisting the low-income community. Our presentation will discuss how to evaluate a case to determine if it is appropriate for temporary guardianship, the process for filing the application and preparing for the temporary guardianship hearing. Attendees will also learn about the important steps that attorneys and potential guardians need to take to get certified to represent and serve in guardianship matters. Using the Federal False Claims Act to Help Your Housing Clients Presenter(s): Miranda Guerrero, Texas RioGrande Legal Aid; Alex Stamm, Texas RioGrande Legal Aid Zoom link HERE; ID: 896 9470 0082; Passcode: 724695 Ever wondered what to do about a landlord who overcharges a tenant that receives a Housing Choice Voucher? Or who evicts a tenant after receiving federally funded rental assistance? The federal False Claims Act creates liability for landlords who make false claims for payment from federally backed programs. Tenants can act as qui tam relators in FCA lawsuits and recover a share of the government’s recovery. Combined with the tenant’s individual claims, the FCA can be a powerful tool for holding bad actors accountable. We’ll talk about how to navigate the FCA’s unusual procedures and work with the government to achieve justice for your client. Working Together While Apart: Navigating Co-Parenting with an Abusive Partner Presenter(s): Kaitlyn Eberhardt, Texas Advocacy Project; Allison Neal, Texas Advocacy Project Zoom link HERE; ID: 849 1583 3054; Passcode: 701668 Co-parenting will always come with its difficulties. Co-parenting with an abuser, however, will pose its own unique set of frustrations and risks. This training will dive into the dynamics of co-parenting with an abuser, whether divorced, separated, or coupled. Attendees will learn trauma-informed best practices in keeping parents and kids safe and healthy while navigating this murky territory, as well as specific safety planning techniques to increase wellbeing. It will also cover the latest research in parallel parenting and legal strategies to further protect families.
Session Descriptions
Thursday, August 25: KEYNOTE LUNCH 11:30 am – 1:00 pm Using the Service Delivery Gap to Strengthen Your Program and Expand Access to Justice Presenter: Katherine Alteneder, Self-Represented Litigants Network Zoom link HERE; ID: 875 8302 7985; Passcode: 172232 (This session is 0.75 hrs.) One of the most difficult aspects of being a poverty lawyer is turning people away. This weighs heavily on our hearts and minds and seems like something we must accept. At every turn we are reminded of the ever-widening justice gap. But what if we look at that gap as an opportunity to center new paradigms of service? This talk will share little known success stories that have done just that. Innovation is often about re-configuration not invention. By slightly adjusting the way you use tools already in your toolbox, you will have a blueprint for a program enhancing framework that narrows the justice gap for clients and non-clients alike.
Thursday, August 25: 1:15 pm – 2:30 pm Automating for an Audience: Self Represented Persons and Internal Use Presenter(s): Luigi Bai, Lone Star Legal Aid; Michael Hofrichter, LegalServer; Aaron Varner, Texas Legal Services Center Zoom link HERE; ID: 844 5318 7443; Passcode: 913058 We all want more efficiency while maintaining or improving quality. This panel will share how and why we should automate forms for different users and review LSLA’s and TLSC’s different approaches in automating forms and processes for selfrepresenting litigants. Speakers will review how LegalServer has automated processes for internal use in onboarding new clients. Due Process for Students with Disabilities in School Disciplinary Proceedings Presenter(s): Amber Banks, Texas RioGrande Legal Aid; Sesenu Woldemariam, Texas RioGrande Legal Aid Zoom link HERE; ID: 821 4745 3330; Passcode: 126187 Students with disabilities are entitled to procedural and substantive due process in school disciplinary proceedings, which can have a huge effect on their education. Students with disabilities are also overrepresented in the juvenile justice system and a favorable decision at the school level can mitigate the school-to-prison pipeline. An attorney can have a big impact on these proceedings. This session will explain who is entitled to a Manifestation Determination Review (MDR), the MDR process, and how to successfully challenge the lack of due process through a Texas Education Agency Due Process hearing. The panel will also discuss how to use an MDR or a TEA decision to advocate for better school disability services and to fight juvenile justice charges. Filing Administrative Complaints under Title VI of the Civil Rights Act Presenter(s): Natasha Bahri, Lone Star Legal Aid; Amy Dinn, Lone Star Legal Aid Zoom link HERE; ID: 828 8555 3674; Passcode: 106371 Title VI of the Civil Rights Act of 1964 provides an avenue for environmental justice communities to raise concerns about discrimination by recipients of federal funds against persons or groups of protected classes under the Act. LSLA has filed handled several Title VI complaints and pursued relief for impacted environmental justice communities, and presenters will present practice tips for preparing successful complaints to federal agencies.
Landlord/Tenant Update: A Randomly Organized Assortment of New Facts and Law for the Unwary Presenter: Nelson Mock, Texas RioGrande Legal Aid Zoom link HERE; ID: 816 9531 7461; Passcode: 753549 This presentation will cover recent developments in landlordtenant law, including new case law and statutory changes that affect low-income tenants. The intent of the discussion is to give advocates working in this area additional tools with which to empower tenants and keep low-income renters from being homeless. Oh Where, Oh Where has the Respondent gone? Getting Service When the Other Party is “Missing in Action” (0.25 ethics) Presenter(s): Hon. Richard Bell, Ft. Bend County; Hon. Janet Heppard, Ft. Bend County Zoom link HERE; ID: 829 3115 1168; Passcode: 093965 During litigation, due process requires service of citation on the respondent(s)/defendants. But, some respondents are missing in action. What to do? Publication, alternative service, or substituted service? What are the statutory requirements, what will the court require, what are the costs to the client? This session will test your knowledge about different types of service, cover the requirements of different service methods, examine the court’s perspective regarding what proof is required to grant the requested service, and provide ideas about the best methods of service under various scenarios. Protective Orders – From the Basics to Legislative Updates Presenter(s): Sara Fix, Legal Aid of NorthWest Texas; Christofer Tracy, Legal Aid of NorthWest Texas Zoom link HERE; ID: 823 3469 2850; Passcode: 314880 Attendees will learn about the different types of protective orders available to survivors, changes in the law over the past legislative session. Discussion will also include sexual assault protective orders and 2-year domestic violence protective orders.
Session Descriptions
Thursday, August 25: 2:45 pm – 4:00 pm Effect of New Exemption Rules on Turnover/Garnishment Presenter(s): Rich Tomlinson, Lone Star Legal Aid Zoom link HERE; ID: 882 4470 2507; Passcode: 542233 This presentation will review the new exemption rules that will be issued by May 1st and the effect on post-judgment collection of debt judgments through turnover receiverships and garnishments. Forced out: Government Displacement of Renters and Homeowners Presenter(s): Lizbeth Parra Davila, Texas RioGrande Legal Aid; Matthew Garcia, Texas RioGrande Legal Aid; Shoshana Krieger, Building and Strengthening Tenant Action Zoom link HERE; ID: 841 6322 0423; Passcode: 288007 What do you do when the local government that should be preventing homelessness is the one causing it? Affordable housing is becoming less available throughout Texas cities, and yet some government entities are contributing to the problem by displacing vulnerable renters and homeowners through aggressive code enforcement, property acquisition, and other measures. Strong advocacy and creative strategies are necessary to mitigate government displacement and ensure a fair and equitable process for residents facing displacement. This session will cover the types of government displacement to look out for, advocacy strategies, and community-based approaches for helping renters and homeowners remain in their homes or relocate to safe and affordable homes. We will also cover the importance of community outreach when working with displaced communities and the lasting benefits that come from this approach. I Finally Am Who I've Always Been: Name and Gender Marker Change Cases for Trans and Gender Diverse Clients Presenter(s): Gabriel Sanchez, Texas RioGrande Legal Aid; Marisa Sanchez, Texas RioGrande Legal Aid Zoom link HERE; ID: 891 5236 8369; Passcode: 035943 This session will cover the legal process for legal name changes and gender marker corrections for transgender and nonbinary clients in the state of Texas. The session will cover the legal process involved and best practice tips for helping low-income clients in diverse areas with this need. We will also cover situations that can be more complex including name and gender marker changes for minors, people with criminal records, people who have previously changed their name, and people who identify outside of the gender binary. This session will also examine the impact that this relatively simple but life changing legal service has on clients trying to navigate different systems in Texas and the importance for trans clients of having documentation that matches their identities.
Issues with Buying Cars in Texas Presenter(s): Joyce Lowe, Texas Department of Motor Vehicles; Jennafer Tallant, Texas Department of Motor Vehicles Zoom link HERE; ID: 875 9165 9838; Passcode: 756231 This session would teach attorneys what the TxDMV does, what types of issues are encountered, and how legal aid can help their clients with issues that arise with car buying. What Every Poverty Law Practitioner Should Know about Immigration: Hot Topics Presenter(s): Nadia Khalid, Catholic Charities Dallas; Carolina Rivera, Catholic Charities Dallas Zoom link HERE; ID: 880 9323 0138; Passcode: 048479 This session will cover hot topics in immigration that every poverty law practitioner should be aware of. It will include but not be limited to: asylum; the Cuban Adjustment Act; Title 42; Return of the Migrant Protection Program; TPS; DACA; and COVID-19. When Family Violence, CPS, and Criminal Law Collide: How Overlapping Systems Can Work Together to Promote Family Stability and Child Safety Presenter(s): Sarah Bryant, Texas Legal Services Center; Shelli Egger, Texas Legal Services Center; Erin Toolan, Texas Legal Services Center Zoom link HERE; ID: 843 6714 8398; Passcode: 044011 When a family experiences violence within the home, it is very common for the child welfare system, criminal justice system, and domestic violence practitioners to become involved. Each system has its own unique focus and goals, and as a result, these systems do not always function cooperatively toward protecting children and supporting survivors. This panel will include a family violence practitioner, former prosecutor, and child welfare practitioner who will share their differing perspectives and lead a discussion on how these systems can work together more effectively.
Session Descriptions
Friday, August 26: 8:30 am – 9:45 am FEMA’s Secret Rules: How FEMA’s Failure to Publish their Eligibility Standards Harms Low-Income Disaster Survivors Presenter(s): Hannah Dyal, Texas RioGrande Legal Aid; Brittanny Gomez, Texas RioGrande Legal Aid Zoom link HERE; ID: 862 5786 5132; Passcode: 984276 Unlike other federal benefits agencies, such as SSI, Medicare and Medicaid, FEMA has refused to publish the guidelines they use to make eligibility decisions for disaster survivors. For more than a decade, Texas RioGrande Legal Aid has sued FEMA demanding the release of their eligibility standards to the public. This session will cover the history of TRLA’s litigation against FEMA as well as an update on the current pending litigation on this issue and a review of the Biden Administration’s equity initiatives. Housing Protections for Survivors Presenter(s): Caitlin Fish, Texas RioGrande Legal Aid; Kelli Howard, Texas RioGrande Legal Aid Zoom link HERE; ID: 848 8976 8338; Passcode: 889363 Survivors of violence often face stigma and barriers in obtaining or maintaining housing due to the violence they have experienced. The session will examine state and federal protections which protect survivors of violence from rental housing denials, evictions, and lease termination fees. It will also review the different types of private and subsidized rental housing, which laws apply, and what protections the laws give survivors. Presenters will review different types of documentation of violence which may be presented to landlords to exercise legal protections and will engage the audience in applying information learned through examination of case studies and hypothetical scenarios. The Red-Headed Step-Child: Advocates and Social Workers Presenter(s): Sylvia Dominguez-Santillan, Legal Aid of NorthWest Texas; Rebeca Mendoza, Legal Aid of NorthWest Texas Ariel Santillan, Legal Aid of NorthWest Texas Zoom link HERE; ID: 870 0794 7238; Passcode: 415023 Survivors of domestic violence often speak to a myriad of professionals while navigating the criminal and legal systems. Collaboration is critical, but collaboration does not always come easily to those involved with children and families in crisis. Attendees will explore and learn about the intersection and collaboration between legal social workers and litigators. The panel will cover: key differences between advocates, unlicensed social workers (MSWs), and licensed social workers (LMSWs, LCSWs); differences between an advocate and a litigator’s toolkit to empower clients during litigation; and ethical dilemmas that arise for advocates during litigation.
We're Everywhere (Even When We're Not): How Legal Service Providers Can Build LGBTQ+-Inclusive Programs Presenter(s): Gabriel Sanchez, Texas RioGrande Legal Aid; Cristian Sanchez, Refugee and Immigrant Center for Education and Legal Services Zoom link HERE; ID: 840 2511 1800; Passcode: 425947 This session will explore how legal service providers who work with low-income populations can create programs that service queer, trans, and gender diverse members of their communities. Based on each presenter’s first-hand experience creating LGBTQ+-specific programs from the ground up at Texas Rio Grande Legal Aid and RAICES, this session gives concrete strategies that service providers can implement to serve LGBTQ+ clients, create affirming and inclusive practices, and understand the importance of making intentional and targeted changes to include these communities. Discussion will also include barriers LGBTQ+ clients encounter when accessing services and unique legal needs and challenges facing this community that providers can address. What Every Family Law Professional Should Know about Bankruptcy, but Didn’t Know to Ask! Presenter(s): Victor Hunt, Legal Aid of NorthWest Texas Zoom link HERE; ID: 819 1427 5678; Passcode: 724428 This session will offer a review of basic bankruptcy law and how bankruptcy and family law intersect for the non-bankruptcy practitioner. Emphasis will be placed on what domestic relation actions can take place during and after bankruptcy; when the best time is to file a divorce action - before or after a bankruptcy; what should a Divorce Decree contain to protect the parties rights if a bankruptcy has or could be filed; and how to finalize a Divorce or other Domestic Relations action while a bankruptcy is pending. When to Sue vs. Exhausting the Administrative Process in Employment Law Cases Presenter(s): Cornelia Alvarez, Legal Aid of NorthWest Texas Zoom link HERE; ID: 847 5094 4085; Passcode: 880455 This session will include options the plaintiff has in employment law matters, depending on the issue; which employment causes of action requires the plaintiff to exhaust the administrative process before filing a lawsuit, and when the plaintiff can file a suit. It will also cover Texas and Federal Statutes (incl. Title VII of Civil Rights Act, American with Disabilities Act, Texas Commission on Human Rights Act, Family and Medical Leave Act, Fair Labors Standard Act, Equal Pay Act, and Texas Payday Act) and agencies, their processes, and statute of limitations on each cause of action.
Session Descriptions
Friday, August 26: 10:00 am – 11:30 am Eviction defense in Texas Presenter(s): Elliott Tucker, South Texas College of Law Houston; Jerry Loza, South Texas College of Law Houston Zoom link HERE; ID: 839 0914 6491; Passcode: 402322 This panel will offer detailed and practical tips about how to represent a tenant in a residential eviction proceeding. The focus will be on CARES Act defenses, common notice defenses, Rule 11 agreement pitfalls and pros, and client expectations. How to Conduct Effective Outreach In a Rural Community: Best Practices Presenter(s): Cristian Perez, Legal Aid of NorthWest Texas; Roman Ramos, Texas RioGrande Legal Aid; Anwesha Sarkar, Legal Aid of NorthWest Texas Zoom link HERE; ID: 815 9514 8131; Passcode: 404664 Conducting effective outreach is already a challenging prospect, but doing so in a rural environment carries unique obstacles. Since the beginning of the pandemic, Texas RioGrande Legal Aid and Legal Aid of NorthWest Texas staff have been meeting on a weekly basis to address the needs of the farmworkers and employees of the meatpacking and dairy industries throughout their service areas, including the Panhandle. This panel will focus on the best practices of how to reach rural communities, provide an explanation of tested outreach model, and share how to incorporate the most effective strategies into your advocacy efforts. Reasonable Accommodations for Attorneys and Staff with Disabilities Presenter(s): Hannah Cramer, Texas RioGrande Legal Aid; Michael Urena, Texas RioGrande Legal Aid (0.25 ethics) Zoom link HERE; ID: 854 3563 0644; Passcode: 050793 The legal profession advises clients on their rights under the ADA and Section 504, but what rights are we provided as legal aid employees? This session will provide an overview of Title 1 of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, as well as relevant cases. The panelists will discuss where attorneys and staff have a right to accommodations, including in the office and courtroom. This session will explore the current priorities of the Texas Bar related to members with disabilities. The panelists will engage the audience to discuss how to make law firms and legal aid organizations more accommodating for staff with disabilities. Representing Unaccompanied Children (0.50 ethics) Presenter(s): Carmen Portillo, Kids in Need of Defense (KIND); Silvia Ruiz Mancera, KIND; Rodolfo Castillo Altillo, KIND Zoom link HERE; ID: 899 7894 4563; Passcode: 660880 This panel will discuss representing unaccompanied children in
Representing Unaccompanied Children (cont.) immigration proceedings. They will cover who the children are and why they migrate to the U.S., and provide an introduction to removal proceedings and the humanitarian forms of immigration legal relief. Discussion will also include practical and ethical considerations that arise from working with children. Rolling into Court with the Squad: A Trauma-Informed and Holistic Approach for Survivor Resiliency (0.25 ethics) Presenter(s): Elizabeth Barrera Sepulveda, Texas RioGrande Legal Aid; Stephanie Harlien, Texas RioGrande Legal Aid; Myda Hernandez, Texas RioGrande Legal Aid Zoom link HERE; ID: 848 3007 2530; Passcode: 085849 Survivors of sexual assault and domestic violence seek legal help at a time they are experiencing multiple crises. There may be the need for a protective order, a custody order, counseling, income assistance, and support from others. This researchbased presentation focuses on a specific approach to assisting survivors. When attorneys, social workers, and counselors work in the same office in a collaborative, meaningful manner after receiving positive regard, trauma-informed, and client-centered training, clients can more easily move towards healing and empowerment. The presentation will provide data on the use of this model across the US, reasons why this approach is a best practice when working with survivors, and feedback from prior clients to demonstrate the impact when implemented. Just Transition and Reproductive Justice: Why it Matters and What You Need to Know (0.25 ethics) Presenter(s): Melissa Thrailkill, Law Offices of Brandy Wingate Voss, PLLC Zoom link HERE; ID: 893 5089 4245; Passcode: 842937 Texas is a leader in passing laws limiting access to abortion and other reproductive care, and with the "leaked" Supreme Court opinion overturning Roe v. Wade, helping people access care is now a dangerous endeavor. This session will give a brief history of laws affecting reproductive rights, the current landscape, and how these laws affect Texans living in poverty. It will explore privacy laws and potential criminal and civil liability issues in advising those seeking care. Finally, it will explain “transformative justice” concepts and the intersection of reproductive justice, transformative justice, and the intersection of the two. Audience members will explore ways in which transformative and reproductive justice applies in their legal work, community service, and personal lives.
Session Descriptions
Friday, August 26: 11:30 am – 12:45 pm 5-5-5: What Every Lawyer Should Know About TraumaInformed Initial Client Interviews and Beyond Presenter(s): Gabrielle Marshall, Texas RioGrande Legal Aid; Eden Klein, Texas RioGrande Legal Zoom link HERE; ID: 838 9657 0280; Passcode: 180344 This session will discuss 5 essential skills to prepare for the initial client interview, 5 essential things to gather during the initial interview, and 5 concepts to remember until the final hearing. This session will help lawyers better understand how to speak to a client and prepare them for what’s to come, while limiting re-traumatization. Presenters will discuss how they prepare to meet with the client, how the initial meeting is conducted, and what experiences/skills they draw on to prepare. Discussion will emphasize the importance of and benefits of remaining trauma-informed while still being thorough. Guardianship Challenges Presenter(s): Tanner Hartnett, The Hartnett Law Firm Zoom link HERE; ID: 895 2503 1084; Passcode: 801685 This session will explore the challenges and pitfalls attorneys and clients face throughout the guardianship process from start to finish. Discussion will include access to the internet for registration and training, inability to obtain a certificate of medical examination, and challenges with identifying whether the issue is truly a guardianship issue or a mental health issue. Human Trafficking: Defining, Screening, Identifying, and Holistically Assisting Survivors of Sex and Labor Trafficking Presenter(s): Paul Friener, Legal Aid of NorthWest Texas; Laramie Gorbett, Texas Assn. Against Sexual Assault; Kathleen Klein, MOSAIC Services Zoom link HERE; ID: 895 5819 1666; Passcode: 626628 Despite increased attention by the Department of Homeland Security and state and local law enforcement, the fight to combat human trafficking continues. Male and female survivors of sex and labor trafficking who come forward to seek help from legal and social service agencies need specially trained technical assistance to help them escape their life of being trafficked and open a new chapter. It all starts by understanding how to better communicate and assist survivors of trafficking. Discussion will include how to identify survivors of human trafficking and what are typical and non-typical perpetrators. Human trafficking intersects between Family Law and Immigration Law, but it goes beyond that, affecting every aspect of a survivor's life, including housing and expunction issues. The panel will explore the
Human Trafficking: Defining, Screening, Identifying, and Holistically Assisting Survivors of Sex and Labor Trafficking (cont.) impact of trafficking on men and how to provide trauma-informed advocacy and how to advocate for our clients through legal and non-legal remedies. From Safety Planning, Crime Victim Funding and Advocacy to Protective Orders, and U and T Nonimmigrant Visas, advocates can do so much holistically improve the lives of their client survivors and help them escape from trafficking. Judgment Liens and Real Property CANCELLED Making the Community Reinvestment Act Work for Low-Income Communities Presenter(s): Nancy Jakowitsch, Legal Aid of NorthWest Texas; Supawon Lervisit, Legal Aid of NorthWest Texas; Emily Weiskopf, Legal Aid of NorthWest Texas Zoom link HERE; ID: 891 9488 2304; Passcode: 150107 Enacted by Congress in 1977, the CRA is intended to address the effects of redlining and discriminatory credit practices that LMI communities continue to face. But bank regulators do not require banks to include historically redlined communities in their Assessment Areas in which a bank‘s CRA performance is examined. Presenters will discuss client efforts to advocate for better access to credit in low-income communities. They will also discuss client efforts to engage financial institutions and bank regulators in viable partnerships to achieve community driven goals. Working Alongside Faith-Based Communities Presenter(s): Michael Bates, Legal Aid of NorthWest Texas Zoom link HERE; ID: 814 9570 7139; Passcode: 668330 Working alongside faith-based communities has been a historical practice for legal aid and an advocacy for community change. This presentation gives examples of meeting with people of different backgrounds through outreach and working toward a common goal: justice.