ACCESS TO JUSTICE
Texas Access to Justice Commission’s 2021 Report to the Court Table of Contents
Texas Access to Justice Commission Report I. New Efforts…………………………………………………………………….………. A. Executive Committee………………………………………………………… B. Coronavirus Pandemic…………………………………………….………… C. People and Events…………………………………………………………… II. Continuing Efforts: Capacity Building Efforts…….……………………………….... A. Law School Collaborations………………………………………………….. 1. Pro Bono Spring Break……………………………………………... 2. Access to Justice Internship Program….…………………………. B. Legal Training Program….………………………………………………….. C. Supreme Court Form Task Forces….……………………………….……. . 1. Landlord-Tenant….……………………………………..………..… . 2. Probate….………………………………………………………….… 3. Protective Order….………………………………………………..… 4. Uniform Forms….…………………………………..……………..… 5. Style Guide….…………………………………..…………………… D. Technology….…………………………………..……………………………. 1. Snapshot of Access to Justice Technology in Texas: Survey …. 2. ATJ Tech Principles….…………………………………..………….. III. Continuing Efforts: Policy and Best Practices Initiatives….………………………. A. Legislative Initiatives….……………………………………………………… 1. Federal Funding for Legal Services Corporation….…………..…. 2. State Funding for Basic Civil Legal Services….………………..… 3. Access to Justice Policy Initiatives……………………….……...… B. Rules, Legislation, Policies and Procedures Initiatives….……………..… 1. Texas Rule of Civil Procedure 145….……………………………… 2. Language Access….………………………………………..……..… 3. Other Rules Projects….…………..…………………………………. IV. Fund Development and Awareness….…………..………………….………………. A. Awards….…………..………………………………………………………….. 1. Corporate Counsel Pro Bono Award….…………..……………….. 2. Deborah G. Hankinson Award….…………..………………………. 3. Law School Commitment to Service Award….……………………. 4. Law Student Pro Bono Award….…………………………………… 5. Emily C. Jones Award……………………………………………….. 6. Harry M. Reasoner Justice for All Award….…………………….… 7. James B. Sales Boots on the Ground Award….………………….. B. Communications….…………………………………………………..………. C. Development and Fundraising Efforts ….………………………….…….… 1. 2021 Justice for All Campaign….………………………………...… 2. Champions of Justice Society….…………………………………..… 3. Champions of Justice Law Firm Competition.…………………….. 4. Champions of Justice Gala Benefitting Veterans….………………..
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Texas Access to Justice Foundation Report………..……………………………..……
Appendix 1
State Bar of Texas Report……..………………………………………………………….
Appendix 2
A REPORT TO THE SUPREME COURT OF TEXAS ON THE ACTIVITIES OF THE TEXAS ACCESS TO JUSTICE COMMISSION DECEMBER 1, 2020 TO NOVEMBER 30, 2021 I.
NEW EFFORTS
A. EXECUTIVE COMMITTEE The Court established an Executive Committee for the Commission in February 2020, which is comprised of seven Commissioners including Chair Harry Reasoner, Alistair Dawson, Luz Herrera, Roland Johnson, Judge Joe Lopez, former Justice Michael Massengale, and Harriet Miers. The Executive Committee held its first meeting in April 2020 and has met monthly during 2021. This year, the Executive Committee implemented a Public Comment Policy and issued a racial equity statement. (See Exhibits A and B) However, much of the Executive Committee’s work has focused on reviewing the Commission’s organization and structure and determining whether the Commission should engage in a statewide access to justice planning process, including what the process would look like if the Commission were to engage in one. The Executive Committee also worked diligently with the State Bar of Texas to address concerns raised by the Fifth Circuit opinion in McDonald v. Longley, 4 F.4th 229 (5th Cir. 2021). The Commission now has three Committees: the Budget Committee works with the State Bar of Texas on the Commission’s budget, the McDonald Committee addresses any future issues that may arise from the McDonald v. Longley case, and the Compliance Committee ensures that the activities of the Commission conform to the requirements of McDonald v. Longley and Keller v. State Bar of California, 496 U.S. 1 (1990). The Commission is working collaboratively with the State Bar on a review process for our activities. B. CORONAVIRUS PANDEMIC The Commission continued to focus on ameliorating the effects of the coronavirus pandemic on low-income people attempting to access the justice system. Our efforts occurred mainly through the Justice Court COVID-19 Working Group, chaired by Judge Nicholas Chu, Travis County Justice of the Peace Precinct 5. Along with Commission staff, the Work Group includes Justices of the Peace from across the state and lawyers who routinely practice in justice courts. The group provides information and feedback to the Court, the Office of Court Administration, the Texas Department of Housing and Community Affairs, and other entities, on issues that arise in justice courts. This year,
much of our work in the Working Group focused on the Court’s Emergency Orders, especially regarding evictions. Specifically, we provided input on Emergency Orders 3344 and drafted large portions of the language that became a part of some of those orders. The Commission was also asked to sit on several subcommittees tasked with making recommendations about rule changes and form revisions for remote proceedings. We submitted a draft rule to the subcommittee and worked with the other members to develop the version that was ultimately submitted to the Court’s Remote Proceedings Task Force. We will begin our work on the necessary form revisions soon. C. PEOPLE AND EVENTS This year marked the 20th Anniversary of the Commission’s existence. It is fitting that the Commission’s Executive Committee is engaging in a review of what we have accomplished and where we would like to head. This year has also led to changes in leadership. The Commission expressed our gratitude to Justice Eva Guzman as she retired from the Court and her role as our liaison to the Court. While we have been blessed to work with Justice Brett Busby in the past as our deputy liaison to the Court, we are delighted to continue working with him as our new liaison. On December 31, 2021, current Chair Harry Reasoner will conclude his tenure as Chair. He will remain active with the Commission as Chair Emeritus and will continue his work on the Commission’s Gala Benefitting Veterans, undoubtedly to the same success he has had in the past. On January 1, 2022, we will be pleased to be in the capable hands of Harriet Miers, who has been appointed as our new Chair. Given her achievements as Chair of our Legislative Committee, we are confident that she will lead the Commission to great accomplishments. II.
CONTINUING EFFORTS
A. CAPACITY BUILDING EFFORTS Law School Collaborations Soon after they start law school, law students begin to grasp how their legal education provides the knowledge and opportunity to make a positive difference in the lives of their low-income neighbors. In partnership with law schools and legal aid organizations across the state, the Commission continues to expose law students to access to justice issues through its educational Pro Bono Spring Break Program and Access to Justice Internship Program. Nothing drives that point home more clearly than the pandemic and its farreaching effects across Texas and our nation. Commission Report to the Court, December 1, 2021
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Pro Bono Spring Break Pro Bono Spring Break connects Texas law students with civil legal aid organizations that teach students through hands-on experience how they can use their legal skills to transform often desperate legal problems. This year, the Commission hosted a virtual Pro Bono Spring Break across a two-week period to coincide with law school spring break schedules. Of the 53 students who submitted complete applications, 45 students were placed with seven different legal aid programs across the state. During Week One, 19 law students participated, and during Week Two, 26 students participated. Participating legal aid programs included: • American Gateways • Dallas Volunteer Attorney Program • Disability Rights Texas – Fort Worth and Houston Offices • Houston Volunteer Lawyers • Legal Aid of NorthWest Texas (offices statewide) • Legal Hospice of Texas • Texas Advocacy Project All Pro Bono Spring Break participants are required to submit a written, photo, or video essay at the conclusion of their trip. The following two excerpts are from participant essays: “I am very thankful to have had the chance to work with practicing attorneys [at Legal Aid of NorthWest Texas] and know that I was helping to make a difference in real people’s lives. In the first project, I helped research easements for a client that currently has no access to water on his tract of land. It was so rewarding to be able to apply what I learned in first year property to a real case. The second project was related to family law: I helped a client to fill out a discovery interrogatory. This was actually one of my first exposures to both family law and discovery interrogatories. Being able to see what a typical discovery interrogatory document looks like and the typical questions that might be asked in a divorce case was interesting…. One of my biggest concerns about going into the legal profession was still being able to do good and volunteer. This program helped me to see even as a working attorney I can still volunteer and do good for clients that truly need legal help but might not be able to afford it.” - Jean-Marie Anderson, Baylor Law School “During my week working with the Texas Advocacy Project (TAP), I had the pleasure of working with some phenomenal attorneys committed to advocating for their clients and ensuring that they are set up for success and safety in the future. My largest project for the week entailed calling and surveying district and county attorneys throughout the state of Texas, understanding the types of protective orders issued in the county, various protocols associated with each, Commission Report to the Court, December 1, 2021
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and how the frequency of protective orders has trended during the pandemic. It was very interesting getting to hear first-hand from individuals working with victims of sex trafficking, sexual assault, dating violence, and stalking. “Additionally, I had the opportunity of working on a research project for my mentor at TAP. She recently won a lifetime protective order for one of her clients, but the order had been appealed on the grounds that the enjoined person was required to turn over his firearms. My research and brief pertained to whether the firearm protocol posed a Second Amendment issue and whether the statute permitting the firearm restriction was impermissibly vague because it gave judges too much power [or] led to arbitrary prosecutions. Not only was I able to learn about an area of the law I am completely unfamiliar with (family law), but I was able to get great feedback on my brief and legal analysis from my mentor. Toward the end of the week, the attorneys arranged a mock protective order hearing – complete with the petitioner, respondent, witnesses, a judge, and bailiff! I was on the respondent’s legal team and did the direct examination and closing arguments for the respondent. I learned how the hearing proceeds, how a normal proceeding (inperson as opposed to virtual) would go, how a hearing could be potentially distressing for the victims, and how vital it is not to revictimize people who come forward to face their abuser. I am grateful for the experience and hope to work with TAP in the future.” - Taylor Leger, South Texas College of Law Access to Justice Internship Program The Access to Justice Internship Program (ATJIP) continues to uphold the Commission’s mission of increasing access to justice by allowing law students to intern with legal aid organizations and serve low-income Texans over the summer and during school semesters. The ATJIP provides a $5000 stipend to law students who commit to working at a civil legal aid organization for 400-hours in the summer and $2500 to law students who work 200-hours during either the fall or the spring semester. In 2021, the Commission provided funding for 11 law students total: 2 in the Spring program, 7 in the Summer program, and 2 in the Fall program. The table below shows each student’s name, law school, and legal aid placements: First Name Last Name Elizabeth Allen Chase Kristine Tonja
Law School Baylor Law
Legal Aid Office Placement Disability Rights Texas - Dallas Innocence Project of Texas Baumgartner Baylor Law Fort Worth Brown Baylor Law School RAICES Children’s Program Thurgood Marshall Disability Rights Texas Coleman School of Law Houston
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Olivia
Ekeke
Heather
Montoya NewmanAvery
Jasmine Marcus
Rhodes
Victoria
Roessling
Jonathan Stoughton Marlow
Zamora
South Texas College of Thurgood Marshall School of Law Houston Law Juvenile Justice Project Baylor Law Disability Rights Texas – Dallas Regent University Texas Advocacy Project School of Law Earl Carl Institute for Legal and Thurgood Marshall Social Policy School of Law (Opal Mitchel Lee Property Preservation Project) Suffolk University Law Disability Rights Texas School Houston Texas A&M University LANWT - Tarrant County MedSchool of Law Legal Partnership St. Mary's University Disability Rights Texas School of Law McAllen
The ATJIP continues to attract applicants from law schools throughout the United States, but most students attend Texas law schools. ATJIP interns must submit a 1000-word essay at the end of their internship. (See Exhibit C) Applications for the Spring 2022 ATJIP will be due mid-December. Legal Training Program In partnership with the Fellows of the American College of Trial Lawyers and the National Institute of Trial Advocacy, the Texas Access to Justice Commission has historically offered a hands-on Training Academy for legal aid attorneys. Participants receive oneon-one guidance in trial and pretrial proceedings, and evidence, from some of the most distinguished trial lawyers in the country. Legal aid lawyers consistently rate the training intensive as excellent and comment on how valuable it is to them in shaping their litigation and advocacy skills. Unfortunately, the Trial Academy has not been held for the past two years due to the coronavirus pandemic. Reagan Brown, who served as course director for the past ten Academies, has continued to provide his leadership and we are currently planning to host the program in June 2022. Supreme Court Forms Task Forces Landlord-Tenant The Landlord-Tenant Forms Task Force, chaired by Judge Carlos Villa, meets monthly and has completed the following forms and instructions kits this year: •
Right to Vacate: Sexual Assault or Stalking – This kit, which allows people to terminate their lease early when a tenant or occupant is a victim of sexual
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assault, sexual abuse, or stalking, was completed last year and updated this year due to statutory changes made during the 87th Legislature. •
Right to Vacate: Military Service – This kit allows people to terminate their lease early due to military service.
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Right to Vacate: Death of Only Tenant – This kit allows certain people to terminate the lease of a deceased person who was the sole occupant.
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Immediate Possession – This kit is for landlords who wish to take possession of a property more quickly than usual.
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Eviction Appeals – This kit is for a tenant who wishes to appeal a justice court decision to evict the tenant.
In the coming months, the Task Force will revise the Writ of Retrieval kit due to statutory changes made this past legislative session. The Task Force will then begin working on an Appeals kit for landlords and a Contest of Rent Determination kit. The Task Force previously submitted an eviction kit to the Court in December 2018. It was presented to the Supreme Court Advisory Committee on September 14, 2019, which approved the kit with a few minor edits, and ultimately submitted it to the Court on November 14, 2019. The Task Force intends to complete the remaining kits and send all of them to the Court at the same time. 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’s focus is on creating forms for Small Estate Affidavit proceedings, Probate of a Will as a Muniment of Title, and Simple Will proceedings. The Task Force has finalized the language of the Muniment of Title forms and instructions, including forms for the following: Application for Probate of Will as a Muniment of Title, Testimony by Subscribing Witness, Testimony for Hearing (“Proof of Death and Other Facts”), Testimony Concerning Decedent’s Handwriting and Signature, Affidavit of Compliance, Order Admitting Will to Probate as a Muniment of Title, and instructions for using the Muniment of Title forms. The Task Force continues its review and revision of the Small Estate Affidavit proceedings forms, having completed drafts of the Small Estate Affidavit itself, along with instructions and a set of Frequently Asked Questions. The Task Force has a goal to complete these two toolkits and submit them to the Court within the next year. The Task Force will begin work on the Transfer of Deed on Death toolkit upon submission of the Small Estate Affidavit and Muniment of Title toolkits to the Court. Commission Report to the Court, December 1, 2021
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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 is updating the Protective Order Kit to include a warning regarding the release from jail of a person who is subject to a protective order. Uniform Forms The Uniform Forms Task Force did not meet this year. Name Change for an Adult and Name Change for a Child kits were modified according to SCAC feedback and submitted to the Court in the fall of 2019. Style Guide The Commission continues to work on drafting a style guide to promote uniformity among the forms and instructions drafted by the various Forms Task Forces. Technology The Technology Committee was chaired by Monica Karuturi, General Counsel at CenterPoint Energy, until her term as a Commissioner expired in May 2021. The committee is now chaired by Judge Nicholas Chu, Justice of the Peace for Precinct Five in Travis County. Judge Chu chairs the Texas Supreme Court’s Justice Court COVID-19 Response Working Group and serves on both the Texas Supreme Court’s Remote Proceedings Task Force and on the executive committee for the American Bar Association’s National Conference of Specialized Court Judges. He is also a volunteer faculty member for the Texas Justice Court Training Center. Judge Chu presided over the nation’s first fully remote criminal jury trial in August 2020, so he is no stranger to the advantages and challenges of using technology in our justice system. We look forward to continuing our work to adapt and improve upon access to justice technology solutions in our justice system under his leadership. Snapshot of Access to Justice Technology in Texas: Survey Just prior to COVID-19 shutdown orders, the Committee developed and executed a survey to understand how technology was being used to help people access justice in Texas from various entry points to the justice system. The survey goals were to gather data on the kinds of tools that providers are currently using to engage their clients, that courts are using to ensure self-represented litigants have an avenue to resolve their issues, and that non-legal service providers use to help someone with a potential legal problem find appropriate resources. The Committee sent the survey to over 600 individual contacts across Texas and various listservs and networks.
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This snapshot of technology use in Texas gives the Commission the baseline data needed to identify where we can leverage technology to close access to justice gaps, encourage collaboration, and simplify processes. However, we intend to do a deeper analysis of some of the information reflected in the survey responses. The pandemic has changed the way all parties engage with the justice system, and some of the technological advancements and adaptations are here to stay. Understanding how technology has changed and how it is being used in the post-pandemic access to justice arena is imperative. ATJ Tech Principles The Commission has also explored aspirational access to justice technology principles. The creation of ATJ tech principles is gaining traction on a national level in response to the pandemic, providing an opportunity to implement a framework for all access to justice stakeholders to consider when employing further technology solutions to providing legal services and closing the justice gap. Our draft Texas ATJ Technology Principles ensures that technology enhances access to justice for everyone seeking a resolution to their legal issues in Texas. These proposed principles incorporate examples from other states as well as the recommendations made by the Conference of Chief Justices and Conference of State Court Administrators in the “Guiding Principles for Post-Pandemic Court Technology” released tin 2020. We will be reaching out to stakeholders for feedback before seeking adoption of these ATJ technology principles. B. POLICY AND BEST PRACTICES INITIATIVES Legislative Initiatives The Legislative Committee, chaired by Harriet Miers of Locke Lord LLP, works to increase funding for legal services to the poor and address impediments to access to justice for low-income Texans. Federal Funding for the Legal Service Corporation Each year, the ABA hosts ABA Days over a two-day period in Washington, DC, to educate congressional members about the importance of civil legal aid and continued funding for LSC legal aid organizations across the nation. These legal aid programs serve as a safety net for the poorest in our country who would otherwise need to address their legal matters on their own. Legal aid and pro bono organizations also provide the structure for Texas lawyers to engage in pro bono 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. To ensure the safety of volunteer advocates and Congressional members and staff, the annual ABA Days in Washington were held virtually April 20-22, 2021. Due to the Commission Report to the Court, December 1, 2021
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virtual format, we were able to expand our Texas team to include participants who would have otherwise been unable to travel to Washington, DC. ATJ advocates from the Commission, the Texas Access to Justice Foundation, and the State Bar connected with our 38 Texas Congressional offices by Zoom, teleconference, or via email to discuss the importance of supporting civil legal aid. While our groundwork from many years of meeting with offices has established a certain level of support for civil legal aid, we had the opportunity to foster our relationships with several newer offices and share how legal aid is especially vital to pull our communities through the pandemic. Team members updated offices on the work LSC programs are doing in their districts, including increased efforts around emergency housing, domestic violence, and disaster relief. We thanked them for the $465 million currently appropriated to LSC, $37.1 million of which was dedicated to Texas. We also asked for their support for in increasing the amount of funding for civil legal aid. (See Exhibit D) LSC responded to increased legal needs due to the pandemic by requesting $1.018 billion in funding for FY 2022. The Biden Administration has requested $600 million for LSC – the largest request ever put forward by any administration. The House of Representatives Committee on Appropriations approved funding legislation that also includes $600 million for LSC in FY 2022. The proposed Senate bill provides $515 million for LSC. No final budget has been passed yet. State Funding for Basic Civil Legal Services One of our state’s urgent needs while we navigate recovery from the economic and social disruption of the pandemic and winter storm is ensuring those who cannot afford lawyers have access to justice. The Texas Supreme Court prioritized funding for Basic Civil Legal Services in their budget request. Fortunately, the Texas Legislature agreed with the need to maintain current funding levels for legal aid. The 87th Texas Legislature convened on January 12, 2021 and ended on May 31, 2021, followed by three special sessions during the summer. The Commission worked with access to justice partners throughout session to educate state lawmakers on the need for state funding. (See Exhibit E) During the 87th Session, the state legislature appropriated $18.78 million in general revenue to the Court’s budget for Basic Civil Legal Services, $10 million for survivors of sexual assault, and $6 million for veterans for the biennium. Additionally, a $2.5 million exceptional item was approved for civil legal needs stemming from COVID-19, $1 million of which will be used to help veterans. Advocates were also able to secure $5 million to help Texans manage legal issues created by the opioid crisis.
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Access to Justice Policy Initiatives The Commission also continued to educate legislators about ways to improve the justice system for low-income Texans in addition to the need for continued funding for basic civil legal services. The Commission worked with legislators to address systemic issues brought to our attention by legal aid providers and access to justice advocates. Eviction Confidentiality – HB 3903 (Wu)/SB 558 (Zaffirini) Due to COVID-19, many tenants and landlords fell behind on rent or mortgage payments at no fault of their own. With the expiration of eviction moratoriums, we now find ourselves in a looming eviction crisis. People with an eviction on their record have a hard time finding safe and affordable housing and are more likely to experience homelessness, unemployment, and food insecurity. The mere fact that an eviction was filed against someone can prevent that person from obtaining housing. Currently, an eviction record may appear because a landlord filed an eviction suit against the tenant, even if the tenant prevailed or the judge never issued an eviction order. An eviction would also appear on a tenant’s record if a bank foreclosed on the landlord’s property despite the tenant making rent payments. Eviction information is available to anyone through a public information act request, including whether an eviction has been filed, the parties' names, and the outcome. This information is often sold to consumer reporting agencies (CRAs) that run reports for landlords regarding prospective tenants. Because the information on the report is accurate – an eviction was filed against a tenant – the tenant has no recourse to correct the information through the Federal Credit Reporting Act or other laws to protect the public from the damage of false information. The inability to correct the information is the pernicious aspect of releasing eviction information. The fact that an eviction has been filed is not necessarily reflective of the outcome, but the effect on a person’s life is significantly harmful in that they are often unable to get affordable housing. Arrest records, which are similar in that they are preliminary information prior to investigation and hearing, are no longer made public because of the similar effect it had on a person’s ability to get employment or housing. HB 3903/SB 558 would have required a court to make eviction information confidential in four situations: 1) if the court rules for the tenant, 2) the court dismisses the case without granting relief to the plaintiff or landlord, 3) the defendant is a residential tenant and the eviction case stems from a bank foreclosure, or 4) the eviction order is more than five-years old. The bill would also allow a court to make eviction information confidential if it is in the interest of justice and not outweighed by the public's interest in knowing the eviction case information. Making eviction information confidential in cases where the tenant was not at fault would ensure that an eviction record does not unfairly limit the tenant’s access to housing. However, the bill did not pass. Commission Report to the Court, December 1, 2021
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Debt Claim Exemption – HB 3613 (Leach)/SB 644 (Zaffirini) The pandemic and Winter Storm Uri highlighted the need to modernize the wage exemption laws to protect deposited wages by establishing a basic living needs exemption so families can cover expenditures for food and rent while allocating any remaining funds to repay the debt. Although FEMA benefits, stimulus funds, unemployment insurance, and child and spousal support payments are exempt from debt collection, they are currently hard to protect because unlike social security checks issued by the US Treasury, they lack digital markings on the check or transaction that banks can easily identify as protected funds. These funds are often mistakenly frozen and seized because impacted Texans cannot navigate the legal process to get them back. A basic needs cash exemption would streamline the process by protecting a minimum amount in a bank account to ensure that Texans are not pushed into renewed financial crisis because of an old debt collection action. The Texas Judicial Council, working with the Commission and other stakeholders, recommended that the Legislature provide a statutory minimum cash exemption to ensure that families can cover basic living expenditures while still allocating remaining funds to repay debt. HB 3613/SB 644 would have adopted a basic needs exemption to allow people to meet basic needs while repaying old debts and create an easy to navigate process for people to challenge wrongful seizure of exempt funds. A substituted version passed as an amendment to HB 3774 on the Texas Supreme Court’s omnibus bill requiring the Court to establish rules that would govern how a person can challenge a wrongful seizure, including notifying the debtor in plain language that their account has been frozen or seized. The bill also requires the notice to include a plain language form listing all statutory exemptions that can be used to challenge the wrongful freezing or seizure of funds and information on how to find free or low-cost legal help. At the request of the Court’s rules attorney, the Commission has provided comments on rule changes to establish a procedure for debtors and debt claim collectors in post-judgment debt claims and assisted in making the required form more plain language. Remote Court Proceedings – HB 3611 (Leach)/SB 690 (Zaffirini) Although this bill did not pass, it would have authorized courts to conduct remote hearings, subject to the conditions identified in the bill. The advent of remote hearings has been the biggest innovation in access to justice in a long time, especially in cases that involve self-represented litigants and low-income Texans who cannot afford an attorney.
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People who cannot afford an attorney or who have historically been unable to participate in the traditional in-person legal process are actively participating in remote proceedings, especially in evictions and family law matters. Remote hearings have lowered default rates, which is significant because high default rates are a known indicator that there is a barrier to access to justice. More people are participating in the legal process because remote hearings eliminate historic barriers like taking off work when you need the money and may get fired for doing so or driving hours to get to the courthouse. When more people participate in the legal process, it promotes just outcomes because the judge has both sides of the evidence in front of them. It also enhances the overall credibility of our justice system because people feel like they can participate. Wrap Loans – HB 216 (Ortega)/SB 43 (Zaffirini) Many low-income families use wrap-around loans to secure home ownership. In a wrap-around mortgage, a real property owner who has not paid off the original mortgage sells the property to another buyer who has no direct relationship with the primary lender. The buyer makes monthly payments to the owner, who in turn uses that money to pay the monthly mortgage payments to the original lender. Although wrap loans are fraught with abuse by predatory lenders and particularly pervasive in low-income areas, they have historically not been regulated under any statute. Legal aid lawyers often see these types of cases and there is little that can be done to make the wrap buyer whole. In December 2016, the Commission was asked to participate in a meeting called by the offices of Senators José Rodríguez, Kirk Watson, and Judith Zaffirini to discuss and help develop solutions to curb abuses relating to wrap loans. In the 85th through 87th legislatures, the Commission also testified in support of legislation designed to protect buyers from predatory wrap loans. The Commission’s testimony focused on examples of how wrap loans have affected low-income Texans, including legal aid clients. On May 24, 2021, the governor signed Senate Bill 43, which adds a new section related to wrap mortgage loan financing to the Texas Finance Code. Effective January 1, 2022, the new law will subject wrap loans to regulation to provide certain protections for buyers and sellers, such as written disclosures, tolling of limitations, and closing requirements. Regulation will not only result in enhanced legal protections for low-income homeowners but will also have the effect of reducing legal disputes that have flourished in the absence of regulation. Furthermore, courts and legal aid attorneys alike can devote their attention and resources to addressing other unmet legal needs. Hence, the Commission’s support of regulation in this area has quite plainly improved the quality of the legal services available to low-income Texans.
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Child Custody Evaluations & Language Access – HB 3009 (Ramos) HB 3009 amends Texas Family Code Section 107.103 to include a court-appointed certified language interpreter in child custody evaluations when the evaluator and the family do not speak the same language. This legislation requires courts to appoint an evaluator who speaks the family's primary language efficiently or a certified interpreter must accompany the evaluator when visiting the family's home. The legislation, which had the potential to keep more families together and gives families confidence in speaking with evaluators, passed and became effective September 1, 2021. At the request of Representative Ramos, the Commission submitted written testimony on the bill. Language access is a critical component of access to justice and one of the Commission’s core initiatives. Collection Judgements – HB 2918 (Schofield) The Commission testified on HB 2918, which would have been a major departure from the way Texas has handled debt claim exemptions for cash assets for more than 30 years and was counter to HB 3613 (Leach)/SB 644 (Zaffirini) discussed above. Specifically, the insertion of the word “sales” in subsection (f) would undo the debt claim exemption for assets like paychecks and retirement checks. The bill would require judges to appoint a receiver even when they can see that it is not the appropriate remedy, such as when the property is exempt. Judges in these cases already have the power to appoint a receiver when necessary and forcing them to appoint one even when it is not appropriate will undermine the public’s trust and confidence in our courts. The bill did not pass. 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. The Commission continues to be grateful for the Court’s efforts to improve access to justice in Texas, especially on the issue of inability to afford payment of court costs. Texas Rule of Civil Procedure 145, Payment of Costs Not Required TRCP 145, entitled Payment of Costs Not Required, governs how court costs are waived for indigent parties in Texas. It is the fundamental rule for access to justice. Without it, people who cannot afford filing fees or other court cost would literally not be able to access the justice system to have their legal matters heard. On December 23, 2020, the Court issued a revision of Rule 145 and the justice court rules governing this issue, TRCP 502.3 and 506.4, for comment. After reviewing the Commission Report to the Court, December 1, 2021
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changes and seeking input from legal aid providers on the proposed rule changes, the Commission submitted comprehensive comments to the Court in April. (See Exhibit F) We are pleased that the Court made the following adjustments to the Rule, addressing many of our concerns and comments. The new rule will significantly improve the ability of an indigent person to access the courts. •
The Court incorporated the request to deem the following as prima facie evidence of inability to pay: o Proof that they are a current recipient of public benefits. o A statement that they are being represented by an attorney with an organization receiving funds from TAJF or LSC or a nonprofit that provides civil legal services to people living at or below 200% of the federal poverty guidelines. o Proof that they qualified for legal aid but were denied due to lack of resources.
•
Court reporters must now follow the same process to contest a Statement of Inability to Afford Payment of Costs as a party or a clerk, meaning that they must have sworn evidence, not merely allegations, that the Statement was materially false when made or that it is no longer true due to a change in circumstances. Under the prior rule, court reporters could file a contest whenever a record was requested without any additional evidentiary requirement.
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The Court clarified that a person who files a Statement must not be required to pay costs without a hearing. Although this has always been the case, courts had continued to deny Statements without a hearing. We are hopeful that the clarification will finally put an end to this practice.
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The Court clarified that “costs” include the costs for copies of pleadings.
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The Court also noted in the comments that the “….changes are intended to reduce frivolous challenges to a Statement, which cost time and resources.”
New Statement Form The Court is also working on a new form Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. The Commission, in collaboration with legal aid, has made suggested revisions to the form to make it easier to use.
Commission Report to the Court, December 1, 2021
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Guidance to Counties The Commission has engaged with a few counties that have experienced difficulty appropriately applying Rule 145. The Commission and legal aid wrote a letter to the courts and clerks in one county explaining how their practices diverge from the rule and offered guidance on a process that would bring the county into compliance. In a large metropolitan county, the Commission is working collaboratively with county leaders to address ongoing practices, such as billing parties with an uncontested Statement on file for court costs after the case has closed, to resolve various concerns. Bench/Guide Book and FAQs for Judges and Clerks on Current TRCP 145 The Commission was working with pro bono lawyers Steve Schulman (Partner, Washington, DC office), Elizabeth Scott (Partner, Dallas office), and Lewis Tandy (Associate, Dallas office) from Akin Gump Strauss Hauer and Feld, LLP on a bench book for judges and clerks on the proper use of Rule 145, including a set of Frequently Asked Questions on commonly seen problems, when the new rule was released. We intend to revise the bench book and release it next year. The Office of Court Administration agreed to host the bench book on the OCA website for judges once they have had a chance to review it and approve its contents. We also plan to explore collaboration with the Texas Court Clerks Association, with the goal of distributing the bench book to their membership and presenting at their annual meeting. Language Access This year the Commission continued providing technical assistance and language access resources to legal aid organizations, courts, the Justice Court Training Center, and others upon request. In that capacity, the Commission led a group comprised of staff from the County Judge’s Office, Justice Administration Department, legal aid, the U.S. Attorney’s Office, and the Department of Justice in a large Texas county tasked with developing a language access plan for its courts that complies with state and federal law. The County Attorney is currently reviewing the draft plan. We also continued working on a guide to language access in Texas courts and developed templates for a Motion to Appoint an Interpreter and an Order Appointing an Interpreter for legal aid practitioners and self-represented litigants pursuant to the revised TRCP 145. Other Rules Projects The Court has also started discussions regarding five rules projects that involve potential amendments to the Code of Judicial Conduct, including the Commission's proposed amendments to Canon 3.B(8) and the proposed court policies on the Commission Report to the Court, December 1, 2021
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treatment of court patrons by clerks and other court personnel. These amendments and court policies were reviewed by the SCAC in 2018. C. FUND DEVELOPMENT AND AWARENESS Awards Being term-limited after serving two terms, Justice Ken Wise’s Commission appointment ended on May 31, 2021. We are grateful to Justice Wise for his service on the Commission, especially his efforts to secure funding and his excellent chairmanship of the Awards Committee. Happily, the Court appointed Judge Latosha Lewis Payne, Presiding Judge of the 55th Civil District Court to serve on the Commission, who is our new Chair of the Awards Committee. Corporate Counsel Pro Bono Award The Corporate Counsel Pro Bono Award is presented to corporate counsel attorneys who are committed to pro bono legal services for fellow Texans with limited incomes. Award nominees are models of pro bono service within the corporate community. This year, the Corporate Counsel Pro Bono Award was presented to two attorneys, Doug Neagli and Alyssa Schindler, by Justice Brett Busby and Jason Smith, State Bar Corporate Counsel Section chair, via a virtual awards ceremony. During his time at the Houston ExxonMobil Law Department, Mr. Neagli has advanced pro bono culture and become a “Pro Bono Volunteer Multiplier” by encouraging and recruiting ExxonMobil attorneys to engage and volunteer in pro bono initiatives. As Legal Advisor for Chevron’s Nigerian Mid-African Business Unit, Ms. Schindler leads by facilitating pro bono partnerships with several legal aid organizations. She has mobilized 57 of Chevron’s 80 attorneys to commit time and resources to ensure that all individuals are able to overcome barriers to access justice. Deborah G. Hankinson Award The Deborah G. Hankinson Award honors local bar association and young lawyer affiliates who exhibit excellence in access to justice, including raising funds for local and state legal aid organizations. Due to COVID-19, the State Bar’s Annual Bar Leaders Conference was postponed from July 2021 until January 2022 and this award was not presented this year. Law School Commitment to Service Award The Law School Commitment to Service award recognizes a law school’s commitment to instilling and supporting the spirit of pro bono service on their campus. Texas A&M University School of Law exemplifies these values by providing poor and Commission Report to the Court, December 1, 2021
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underserved Texans with access to justice, by making significant contributions to local and statewide communities, and by instilling a meaningful commitment to pro bono service in future lawyers. This award was presented by Justice Brett Busby at the New Lawyer Induction Ceremony in November 2021. Law Student Pro Bono Award The Law Student Pro Bono Award was created to distinguish and praise law students who act on behalf of vulnerable and underserved populations in the spirit of service. Samantha Casas, graduate of the University of Houston Law Center, spent upwards of 1,000 hours towards clinic and pro bono work throughout her years at the Law Center. She is an advocate who highlights the rewards of pro bono service. Ms. Casas was recognized for her exceptional commitment to pro bono service by Justice Busby, who presented the award to her 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 award was presented to Fred Fuchs, an attorney with Texas RioGrande Legal Aid, at the virtually held Champions of Justice Gala Benefiting Veterans on April 6, 2021. Mr. Fuchs has focused extensively on federal housing programs and tenant rights at the state and national level for over forty years. His passion in advocating on behalf of Texans battling a housing crisis is unmatched. He is compassionate, wise, and tenacious – he is also humble, always respectful, and unswervingly a champion for justice. The Harry M. Reasoner Justice for All Award The Harry M. Reasoner Justice for All Award is a new award named after long-serving Commission Chair, Harry Reasoner. 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. The inaugural Harry M. Reasoner Justice for All Award was awarded to Paul Yetter. Mr. Yetter successfully fought for the safety of children in Texas’s foster care system, logging more than 12,500 pro bono hours on the case and committing more than $5.8 million in billable hours and expenses. The reforms won included appointing monitors Commission Report to the Court, December 1, 2021
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to approve state-conducted studies on how to reduce the workload of caseworkers and the requirement of 24-hour “awake-night” adult supervision in group homes. 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 award was presented to Beth Mitchell and Allison Neal at our 2021 Gala. Ms. Mitchell is a leading Americans with Disabilities Act advocate in Texas. As an attorney at Disability Rights Texas, she is consulted regularly as an expert on people’s rights under the Mental Health Code and litigates cases on behalf of those with intellectual and mental impairments. Ms. Neal works to protect survivors of interpersonal violence at Texas Advocacy Project. She regularly inspires law students and her colleagues to continue to improve their own work and finds ways to help victims of abuse who have fallen through the gaps find access to justice. Communications As communications have become digital over the last decade and grown increasingly crucial in a pandemic environment, the Commission has kept pace by maintaining a robust social media presence for emergent news, announcements, award celebrations, ATJ programming, and other community happenings. We also use the “news/blog” feature on our website to announce quarterly Commission meetings, post the agenda that includes a Zoom link for public participation, communicate our Public Comments Policy, and provide anyone who wishes to participate in a Commission meeting with a form to let us know they will be participating so we can ensure that they have time to make their comments.
Commission Report to the Court, December 1, 2021
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Figure 1. Announcement of the October 25, 2021 Quarterly Commission Meeting A review of 2021 website traffic indicated that visitors continue to rely on the Commission to provide information on critical topics such as pro bono opportunities, important news items such as the announcement of a “Toll Free Legal Assistance Hotline” during disasters, forms for pro se litigants, access to the Texas Transfer Toolkit, information about the purpose of access to justice, and the opportunities to donate or support access to justice efforts in Texas.
Figure 2. 2021 Website Pageviews Snapshot for TexasATJ.org Commission Report to the Court, December 1, 2021
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Our active presence and participation on Facebook (Business), LinkedIn (Business), Twitter, and Instagram ensure that stakeholders and members of the public see us as dynamic contributors to the access to justice community and a source of important access to justice information in Texas. Posts range the gamut of essential announcements like eviction assistance from local legal aid providers and the Texas Eviction Diversion Program to honoring award winners or other notable access to justice champions to educational information about access to justice initiatives in Texas and across the nation. Posts often link back to our website where evergreen access to justice information is made available and updated as necessary. If a member of the public uses a social media channel to ask for resources, they are redirected to call or email our office to receive updated legal aid resources across Texas. This year’s notable social media campaigns included the celebration of 2021 Champions of Justice Firm Competition Winners (October), a celebration of the Corporate Counsel Pro Bono Awards Winners (August), and a celebration of the 20th Anniversary of the Texas Access to Justice Commission (April).
Figure 3. LinkedIn Impressions of TAJC Social Media Campaigns in 2021 We use an array of digitally-based tools to generate designs that will stand out in a sea of offerings on social media. These tools include a customizable digital publishing platform called issuu, which allows us to digitally embed our Texas Transfer Toolkit, the Champions of Justice Gala Benefiting Veterans Program, the Champions of Justice Firm Competition Handbook, and other assets. We also use a social media planning, tracking, and scheduling software called Hootsuite, and a design software called Canva that simplifies the design process and produces high quality graphics with design flexibility. The combined use of these tools allows us to design, distribute, schedule, and track our communications to maintain a human touch and contact point – a staffer monitors every post and responds to community engagement – while streamlining our time and resources. Development and Fundraising Efforts 2021 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 voluntary ATJ Contribution on their dues statement or, for those who wish to show their strong Commission Report to the Court, December 1, 2021
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support, by becoming a member of the Champions of Justice Society. A significant effort is put into retaining our prior donors while continuing to grow our new donors. We are thrilled to report that the approach is paying off. The Justice for All Campaign raised over $1.5 million this year – the highest amount ever raised – from more than 11,000 attorney – also the highest number of lawyers who ever given. 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), Defender ($500$999), and Advocate ($250-$499). At the time, the hope was to raise enough funds to cover the average starting salary for one legal aid attorney at that time, about $50,000. As of November 2021, there are 516 COJ Society members, 90 more than in 2020. Due to the cancellation of the State Bar’s Annual Meeting in June, we were not able to host our annual ATJ Reception. However, we did honor our COJ Society members in the October issue of the Texas Bar Journal (See Exhibit G). Champions of Justice Law Firm Competition The Justice for All Campaign includes a friendly Champions of Justice Firm Competition for firms that participate in the State Bar’s firm billing process. The Firm Competition was created as a way to offset the drop in ATJ contributions that accompanied the automation of the dues payment process. The Firm Competition was held April 5-16 and any firm attorney who contributed through July 31 was counted towards the firm’s total. Due to the pandemic, TAJF’s Supreme Court Luncheon was cancelled, and consequently we were not able to host our usual reception to honor our Firm Competition winners. However, Justice Busby presented winning firm awards at our October Commission meeting and winners were promoted through social media and an ad in the October issue of the Texas Bar Journal (See Exhibit H). Champions of Justice Gala Benefitting Veterans The Champions of Justice Gala Benefitting Veterans was held virtually on April 6, 2021. Retired United States Air Force General Larry O. Spencer was the keynote speaker, and Chief Justice Nathan Hecht, Justice Deborah Hankins, and Justice Harriet O’Neill gave a wonderful oral history of the Commission for its 20th Anniversary. Gala co-chairs were: • • •
Jerry K. Clements, Locke Lord LLP Monica Karuturi, CenterPoint Energy David McAtee II, AT&T Inc.
Commission Report to the Court, December 1, 2021
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• • • • • •
Richard Mithoff, Mithoff Law Firm Stephen C. Mount, H-E-B Sandra Phillips Rogers, Toyota Wayne Watts Marie Yeates, Vinson & Elkins LLP Carlos Zaffini, Adelanto HealthCare Ventures, LLC
We are pleased to say that the Gala raised $496,250 this year, the most money in its history. We are grateful that the State Bar of Texas continues to contribute $50,000 to the annual event so that all money raised from the Gala can be used support direct civil legal services for Veterans across the state. The Gala will resume in-person on Wednesday, April 27, 2022 at the AT&T Hotel & Conference Center. The keynote speaker has yet to be determined.
Commission Report to the Court, December 1, 2021
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Exhibit A Texas Access to Justice Commission Proposed Policy on Comments from the Public Informing Members of the Public About Commission Meetings The Commission encourages members of the public to attend (either in person, virtually or by telephone) Commission meetings. Commission meeting notices should be prominently displayed on the Commission’s website and other places as the Commission deems appropriate. The Commission may also consider sending meeting notices to any of the following: • • •
Legal aid organizations in Texas; Pro bono organizations in Texas; and Law schools in Texas
Commission meeting notices should Include the time and location of the meeting and information on how a member of the public can attend the meeting via video conference or by telephone. The Commission should also add a public comments “button” to the Commission website to allow members of the public to communicate with Commission staff. Public Comments at Commission Meetings Subject to the following provisions, the general public will be allowed a reasonable opportunity to appear before the Commission at each Commission meeting and to speak on any issue under the jurisdiction of the Commission. The Commission will hear comments from the members of the public at the beginning and at the end of each Commission meeting. (A) A member of the public wishing to address the Commission must sign in on a public comment registration card provided at the meeting or with the notice of the meeting stating their name, contact information, whether they are an attorney or a member of the public, the topic upon which they wish to speak, and whether they wish to speak for or against a particular action item on the Commission’s agenda. (B) The Chair has the discretion to set reasonable limits on the number of presentations allowed during the public comments portion of the Commission meeting. The Chair also has the discretion to set reasonable time limits for each member of the public’s presentation provided that the allotted time limitations on each public presentation are applied equally. The Chair is encouraged to allow up to five minutes per presentation. The Chair has the authority to ask any member of the public to conclude their remarks if it becomes necessary to do so. (C) Members of the public who participate by videoconference or telephone will be muted until the Chair calls on them to make their comments to the Commission. All members of the public will be muted while the Commission is conducting its regular business. (D) If there are two or more members of the public who wish to address the Commission on a common issue and to express a common position on the issue, the Chair shall have the discretion to request them to allow one spokesperson to address the Commission with respect to the common issue.
(E) Unless submitted in advance and approved by the Chair before the meeting begins, presentations made by members of the public may not include any audio/visual components including, but not limited to, computerbased presentations, videos or recordings. (F) Public members may submit written comments for the Commission regardless of whether they speak at the meeting. (G) As a general rule, members of the public should not interrupt or address any discussion of the Commission that is occurring during Commission meetings that are not part of the public comments sessions. The Chair is authorized to ask any member of the public who attempts to speak during the Commission meeting to hold their comments until the public comments session at the end of the meeting.
Exhibit B
Racial Equity Statement
The Texas Access to Justice Commission was created to increase the ability of all low-income Texans to meaningfully participate in the civil justice system and achieve a just result. We envision a justice system that is fair, accessible, transparent, and responsive to the needs and lived realities of the diverse communities it serves regardless of race, ethnicity, gender, faith, immigration status, disability, sexual orientation and gender identity, or financial resources. The ideal of “justice for all” demands that the Texas Access to Justice Commission and its partners achieve that vision in a way that establishes trust in our legal system by Black, Indigenous, Latino, and other communities of color that are disproportionately impacted by systemic discrimination, implicit biases, and poverty. The principle of justice also compels us to address the gender inequities that contribute to making single working mothers the largest demographic seeking assistance from legal aid providers in the state and to address access to justice among low-income LGBTQ individuals and persons with disabilities. Low-income people cannot afford to hire lawyers. The Texas Access to Justice Commission remains committed to creating a legal system in which self-representation is a viable option for attaining a just result and in which representation by lawyers is expected whenever possible, especially whenever critical rights such as a person’s health, housing, livelihood, parental rights, or safety are threatened. To that end, the Commission will continue to collaborate with members of the judiciary, the legal community, the Texas Legislature, the public, legal aid programs, and other access to justice advocates to develop and promote public policy changes that ease the barriers to justice for all low-income individuals in all communities, including Black, Indigenous, Latino, and other communities of color that have endured a history of discrimination and have lost faith in our legal system. We stand with those who are demanding change and working to create an equitable and inclusive future. We will do our part by continuing to work toward the goal of justice for all Texans in civil legal matters until that vision is realized and, in the words of the Reverend Martin Luther King, until “justice runs down like water.”
Exhibit C TAJC 2021 Summer ATJIP Essay Excerpts “This internship meant the opportunity to participate in active special education litigation for ten weeks. I got to draft court documents and strategize with an incredibly high-performing team, meeting attorneys on both sides of disability disputes. I researched legal arguments from dozens of cases, looking for ways for our clients to survive the Fifth Circuit’s harsh precedents regarding students with disabilities whose constitutional rights have been violated. I spent hours poring over restraint reports, medical records, and videos of teachers physically and verbally abusing students with disabilities, documenting violations of state and federal law. I wrote complaints to the Texas Education Agency and the State Board for Educator Certification. I compiled spreadsheets and graphs to include as exhibits in our court filings and reports. I attended invaluable legal training through the National Disability Rights Network. I found a mentor—a litigation attorney whose constant feedback and support enabled me to learn more than I could have believed possible in only ten weeks. Most importantly, I was able to support children with disabilities in a meaningful way, which is what I have felt called to do for most of my life….The past ten weeks were a significant and invaluable step toward my goal of becoming a special education attorney, and I simply could not have done it without the financial support provided by the Access to Justice Internship Program. I want to say thank you, from the bottom of my heart, for the opportunity to pursue this internship this summer. It truly meant the world to me.” --Elizabeth “Lizzie” Allen Baylor Law, internship with Disability Rights Texas, Dallas “Law students can think they’re prepared for the rigors and stress of law school and being a lawyer, but no one warns you of the responsibility you’ll feel when you become someone’s angel. It’s quite an emotional moment when the facts of the case become figures in your life. I was privileged and honored to be a valuable part of a few of these client’s stories, if even just for a summer.” --Chase Baumgartner Baylor Law, internship with Innocence Project of Texas, Ft. Worth “….being afforded the opportunity to intern with Disability Rights….solidified in myself a dedication to working with underrepresented and often marginalized individuals within the Texas population. I am anxious to…continue the process of learning how to make a difference in the lives of the Texas disabled public.” --Tonja Coleman Thurgood Marshall School of Law, internship with Disability Rights Texas, Houston “I learned a lot about myself and more about where I want my law career to focus. The Texas Advocacy Project (TAP) taught me how to take initiative and take control of my own learning…. TAP also taught me how to go above and beyond for my client…. [TAP attorneys and staff] remained calm and continued to push for the best possible outcome for their clients because they understood what they were up against.” --Jasmine Newman-Avery, Regent University School of Law, placement with TAP (virtual) “Without funding from the Access to Justice Internship Program, it would have been very difficult for me to work at a public interest this summer…. While interning with Disability Rights Texas, I learned legal research skills, client communication skills, colleague interaction skills, and experienced multiple personal impacts during the internship as a result of the nature of the cases I worked on…. After having finished one year of law school, and one summer of legal work with Disability Rights Texas, I now have a good idea of what my future entails.”
Exhibit C --Marlowe Zamora St. Mary's University School of Law, internship with Disability Rights Texas, McAllen
Due to a lack of resources, less than 10 percent of the civil legal needs of working Texans are being met.
Percentage being met
Civil Legal Aid Needs Your Help
2021 ABA Days
LSC Civil Legal Aid 2021 NeedsABA Your DAYS Help
Total civil legal needs
2021 ABA Days
Legal Aid in Texas
• families who have lost their homes.
• veterans denied medical care, disability and other benefits; and
prescriptions;
• elder abuse and elderly wrongly denied life-sustaining
1
LSC is currently funded at $465 million , of which $37.1 million is dedicated to Texas legal aid programs.
Increase Funding
How many more Texans now qualify for legal aid?
unemployment claims have been filed by Texans.
As of April 2021, more than 5 million
Nearly 5.2 million Texans qualified for legal aid – before the COVID-19 pandemic and Winter Storm Uri.
Congressional support of LSC funding has made it possible to serve: • spouses and children of domestic abuse;
Civil Legal Aid Needs Your Help
Thank You for Your Support
Exhibit D
• Redistricting
• Undocumented immigrants
• Lobbying
• Prisoners
• Drug-related evictions
• Welfare reform
• Class actions
LSC Program Restrictions:
Serving Texans
…Legal Aid Numbers
Serving Texans
54,000
56,000
58,000
60,000
62,000
64,000
66,000
68,000
2017
58,587
2018
65,651
2019
61,030
Total Cases Closed by Year
Serving Texans
Men 27%
Women 73%
Client Gender
• families who have lost their homes.
Adults 56%
56%
Total 148,249
Children 44%
44%
People in Households Served
• veterans denied medical care, disability and other benefits;
prescriptions;
• elder abuse and elderly wrongly denied life-sustaining
0
10
6.9%
5.4%
11.3%
16%
30
Percentage
20
40
Family Law
Housing
42.9%
Income Maintenance
Consumer/Finance
Individual Rights
2019 Total Cases Closed by Issue
Serving Texans
50
(*125% of Federal Poverty Guidelines)
Domestic Violence
Cases involving
Veterans
Cases involving
Seniors
Cases involving
*Clients & household members
38,106
11,905
30,250
Special Populations Served*
Family of four household $33,125/year or $2,760/month
Single person household $16,100/year or $1,342/month
Income eligibility for legal aid:
Civil legal issues are often emergency legal issues. They include: • spouses and children of domestic abuse;
Serving Texans
Serving Texans
INTERACTIVE MAP
Left unresolved… “consequences can be homelessness, poverty, illness, injury, or the separation of families…”
About half of “…the American population confront at least one civil justice problem a year…
Resolution – Conference of Chief Justices
Serving Texans
In The News
Attorneys Working Together
Texas ranks near the bottom in access to civil legal aid lawyers.
Elevate Texas – Ranked 47th
Texas attorneys donated: 2.48 million hours in free legal services, and 1.74 million hours in reduced fee legal services to the poor, valued at more than $830 Million.
Pro bono is an integral part of service delivery for LSC-grantees.
Attorneys Working Together
1,000
1,000
1,000
1,000
1,000 1,000
1,000
Support the LSC Funding Request
There is 1 legal aid lawyer for every 7,000 working Texans who qualify for civil legal aid.
Your Texas constituents need you!
Increase access to the courts Enhance equality of legal services Elevate access to justice in Texas
Support Civil Legal Aid in Texas
Increase Capacity
Elevate Texas – Ranked 47th Working Texans thank YOU.
Office: Offic O ffic iicce: e: 512-427-1862 51 512-42 427 4 27 2 7-186 862 62 2|C Cel Ce Cell: eellll:: 51 5 512-750-9904 12-750 750--990 9904 904 4
Betty: 512-320-0099, Ext. 105
Trish: Cell 512-750-9904
www.teajf.org
www.texasatj.org
Betty Balli Torres, Executive Director BBTorres@teajf.org
Trish McAllister, Executive Director TMcAllister@texasatj.org
Exhibit E
Access to Justice in Texas All Texans deserve fair and equitable access to our justice system. • •
•
•
•
Civil legal aid is an essential need that assures fairness for all in the court system, regardless of income.
Nearly 5.2 million Texans qualified for legal aid before the COVID-19 pandemic, as Texas is home to the second-highest number of poor people in the nation. The number of Texans qualifying for legal aid is expected to rise dramatically as unemployment increases because of the COVID-19 public health crisis.
Many Texans will find themselves in poverty for the first time, seeking help after losing their jobs, homes, access to health care or having endured domestic violence. To qualify for civil legal aid, a person must not earn more than $16,100 per year. A family of four must not earn more than $33,125 per year.
Civil legal issues are emergency legal issues. They impact people’s very existence and way of life, such as spouses and children of domestic abuse; elderly wrongly denied life-sustaining prescriptions; veterans denied critical medical care, disability and other benefits; and families who have lost their homes. Due to the COVID-19 pandemic, employment issues will rise as a critical area of essential legal aid. The COVID-19 pandemic has caused the court system to move to a virtual setting, creating an inequitable and unfair environment for the hundreds of thousands of Texans who lack access to reliable technology.
Due to lack of funding, legal aid continues to struggle to meet the demand. •
•
•
Due to unexpected interest rate cuts in March 2020, the IOLTA program saw a 50% reduction in just 13 days and is now expected to lose approximately $700,000 each month. Funds that are essential to helping many of Texas’ most vulnerable residents.
As traditional revenue sources for legal aid in Texas drop dramatically, and the number of Texans eligible for those critical services is anticipated to spike, the need for civil legal aid services is greater than ever before. Texas ranks 47th in access to legal aid lawyers out of the entire U.S., including Washington D.C. and Puerto Rico. There is approximately only one legal aid lawyer for every 7,000 Texans who qualify.
The Texas Supreme Court, Texas Legislature and Texas lawyers have helped fill the gap in funding for essential legal services and increase access to justice for all. •
Through a tremendous show of bipartisan support and the outstanding efforts of the Supreme Court of Texas, the 86th Texas Legislature appropriated $18.78 million for civil legal aid, $10 million for survivors of sexual assault, and $6 million for veterans for the biennium in its baseline budget. We must preserve this support as the number of Texans needing legal aid will increase dramatically.
2/2021
•
Texas lawyers provide more than 2.82 million hours annually in free or indirect legal services to the poor, valued at more than $564 million, according to the 2017 State Bar of Texas Pro Bono Survey. Additionally, attorneys have given millions of dollars in private donations.
Yet, most Texans still go without the essential legal help they need. Now, due to the current public health crisis, even more Texans will be in need of emergency legal aid. •
•
Legal aid helps more than 140,000 Texas families each year, with the number expected to rise. Due to a lack of resources, only about 10% of the essential legal needs of disadvantaged Texans are being met. Others continue to suffer or unsuccessfully attempt to represent themselves in our complex court system.
Civil legal aid is a vital component of the public response to and recovery from the current public health crisis. Legal aid is a safety net that keeps our fellow Texans from going over the edge; without it, they might never recover even when the economy improves.
2/2021
Exhibit F
March 29, 2021 CHAIR Harry M. Reasoner Houston COMMISSIONERS Chad Baruch Dallas Hon. J. Brett Busby Austin Alistair Dawson Houston Smaranda Draghia San Antonio Lourdes Flores Austin Hon. Eva Guzman Houston Luz Herrera Ft. Worth Lisa Hobbs Austin Roland K. Johnson Ft. Worth Monica Karuturi Houston Richard LaVallo Austin Hon. Joe Lopez Laredo William E. Marple Ft. Worth Hon. Michael C. Massengale Houston David R. McAtee II Dallas Harriet E. Miers Dallas MariBen Ramsey Austin Jeannie Rollo Goldthwaite Hon. Ken P. Wise Houston
The Honorable Nathan Hecht The Honorable Eva Guzman The Honorable Brett Busby The Supreme Court of Texas 201 West 14th Street, Room 104 Austin, Texas 78701 Via electronic mail to Jaclyn Daumerie (Jaclyn.Daumerie@txcourts.gov) RE:
Texas Access to Justice Commission Comments to Proposed Revision of Texas Rule of Civil Procedure 145 and the Statement of Inability to Afford Payment of Court Costs
Dear Chief Justice Hecht, Justice Guzman, Justice Busby, and Justices of the Supreme Court of Texas, The Texas Access to Justice Commission continues to be grateful for the Court’s efforts to improve access to justice in Texas and its leadership across the nation on this important issue. We respectfully submit the following report containing our comments to the proposed revisions to Texas Rule of Civil Procedure 145. We would be delighted to talk with you about our comments if you have any questions. Very truly yours,
EX-OFFICIO MEMBERS For the Governor Jeffrey L. Oldham Austin For the Lieutenant Governor Hon. Judith Zaffirini Laredo For the Speaker of the House Rep. Gene Wu Houston
Harry M. Reasoner Chair
Patricia E. McAllister Executive Director
CHAIR EMERITUS James B. Sales Houston EXECUTIVE DIRECTOR Patricia E. McAllister
1414 Colorado | Austin, Texas 78701 | T 512.427.1855 | F 512.427.4160 | 800.204.2222, ext. 1855 | www.texasatj.org
Comments on the Proposed Revisions to Texas Rule of Civil Procedure 145, Statement of Inability to Afford Payment of Court Costs Submitted by the Texas Access to Justice Commission March 31, 2021
The Texas Access to Justice Commission is grateful to the Texas Supreme Court for its continued efforts to improve access to justice in Texas and specifically, for ensuring that court costs are not a barrier to low-income Texans for resolving their legal matters. The proposed amendments to Texas Rule of Civil Procedure 145 and the Statement of Inability to Afford Costs are excellent. We submit the following comments in response, which are reflected in our edits to the attached proposed rule in Appendix A and the form Statement in Appendix B: 1. Proposed Amendment to (a) Costs Defined. As proposed, the rule defines court costs as fees that could be taxed in a bill of costs. The phrase “that could be taxed in a bill of costs” should be removed for a number of reasons. The Texas Supreme Court has upheld the use of an affidavit of indigency to cover costs not taxed in a bill of costs. Specifically, in Equitable General Ins. Co. of Texas v. Yates, 684 SW2d 669, 671 (Tex. 1984), the Court found that ordering a litigant to pay $500 to opposing counsel for drafting a response to the litigant’s motion for new trial was an abuse of discretion because the litigant had a valid affidavit of indigency on file. The Court stated that while attorney’s fees are not typically considered costs, its prior rulings indicated that the intended purpose of TRCP 145 was to guarantee a forum to those unable to afford court costs. In other words, the purpose of the affidavit is not merely to waive costs taxed in a bill of costs, it is to waive costs that present a barrier to indigent people from having a forum to hear their complaints. The distinction is important. We continue to receive multiple reports from legal aid providers about clerks and courts requiring people with uncontested Statements of Inability to Afford Court Costs to pay for a variety of court costs, including copies of pleadings and final orders needed for litigants to adequately respond to their legal matter or comply with court orders, even where these documents are required by law. The inability to obtain copies is problematic, especially in family violence cases, where it is imperative that the respondent know what he has been ordered to do.
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There also appears to be confusion between the interplay of TRCP 145 and TRCP 99. TRCP 99(d) requires people to pay for copies for issuance of citation or provide the clerk with paper copies to attach to the citation. Clerks have interpreted TRCP 99 to mean that copies are not court costs and require litigants to incur the expense and inefficiencies of preparing and delivering paper copies to the clerk for service, which risks delay in issuance of citation in critical cases like those involving domestic violence, or pay the clerk to provide the copies. This interpretation is problematic because settled Texas case law explicitly states that costs of service of citation are waived under TRCP 145. See Cook v. Jones, 521 S.W.2d 335 (Tex.Civ.App.–Dallas 1975 writ ref’d n.r.e). Read together with Equitable General, it is clear that TRCP 145 waives costs not typically taxed in a bill of costs to ensure its purpose that low-income litigants have a forum to address their legal matters. Additionally, the language “that could be taxed in a bill of costs” is unnecessarily confusing. Most lawyers, let alone indigent pro se litigants, do not know what a bill of costs is or what can be taxed in it. Indigent people may be discouraged from accessing the courts for fear of being charged court costs even if they successfully fill out a Statement. Section (a) of TRCP 145 is meant to define “costs,” and the Court has clearly stated that TRCP 145 can waive costs not typically taxed in a bill of costs. To address this issue and those stated above, we propose removing the phrase “that could be taxed in a bill of costs” and explicitly stating that “costs” include copy costs. 2. Proposed Amendment to (c) Duties of the Clerk. Section (c)(1): Section (c)(1) requires clerks to make the Statement available to litigants, but the phrase “without request” has been removed, making it unintentionally harder for indigent people to access the Statement. Without the phrase, the rule lacks clarity and means that individuals may not be told the form exists. As legal aid providers point out, many people will not know to ask for it. We have received reports from legal aid providers of clerks hiding Statements behind the desk and refusing to make the Statement available on their websites. So few indigent people know they can apply to have court costs waived. Removing these two words would significantly reduce their likelihood of realizing they can have access to the courts. Section (c)(2): Clerks repeatedly return Statements if the declarant has not attached evidence, such as proof of income or current receipt of public benefits. When legal aid organizations communicate with clerks about this issue or interact at trainings, clerks consistently ask if they can return a Statement for this reason. While Section (c)(2) clarifies that the Statement can be returned for correction only if it is not sworn, it would be more effective if it further clarified that a Statement cannot be returned merely for a failure to attach evidence. Section (c)(4): Because we regularly receive reports that Statements are denied by clerks or courts in a manner that is inconsistent with R145(f), it is important that Section (c)(4) Page 2
specifies that the clerk can ask the court to have the declarant correct a sworn Statement with a material defect in accordance with (f). This addition will ensure that a hearing is held rather than what we commonly see – the clerk simply walking into the judge’s office, asking the judge to claim that the declarant needs to fix a material defect, and then rejecting the Statement without a hearing ever being held. 3. Proposed Amendment to (d) Prima Facie Evidence of Inability to Afford Payment of Costs. Section (d): We receive frequent reports that clerks and courts reject indigent applicants solely for failure to attach evidence to the Statement, so this point bears reinforcement in this section. We suggest explicitly stating, “A failure to attach evidence is not a material defect,” to reinforce that evidence is just that – evidence, not a requirement. Even if this clause is not included in the text of the rule, it should be added to the Notes and Comments. Section (d)(1): It is important to amend proposed Section (d)(1) to say that the declarant or the declarant’s dependents receive public benefits. Limiting this section to declarants only may not accurately reflect the declarant’s income status. Children of low-income families may receive public benefits even though their parents do not. The family is indigent but the parent may choose not to receive benefits or may be ineligible to receive benefits. Section (d)(2): We propose eliminating the words “free or reduced fee” from Section (d)(2). In addition to staff and pro bono lawyers who handle cases at no cost, LSC providers are required to use 12.5% of LSC funds as private attorney involvement (PAI) funds, meaning that LSC providers pay private lawyers a reduced fee to handle certain cases. Generally, these are urgent, high-risk cases that a legal aid lawyer would normally handle but isn’t able to due to large caseloads. Section (d)(2) is already limited to lawyers providing legal services through nonprofit legal aid providers, so there is no need to raise an inquiry as to whether an attorney is providing the services for free or at a reduced fee. All attorneys providing services through a legal aid organization are doing so for free or at a reduced fee. 4. Proposed Amendments to Statement of Inability to Afford Payment of Court Costs Form Header: We suggest changing the instructional text to be more plain language and directional. People do not know what the “style of the case” means. We have found that they have more success with language that tells them to copy the information from the top of the petition. 1. Your Information Section: We suggest correcting the formatting errors in the instructional text regarding the person’s full legal name by moving the word “First” over so that it is under the blank space and adjusting the “Middle” and “Last” so that they are also under the blank space. We suggest adding “I check often” after “My email” because it is important to emphasize Page 3
that people should be frequently checking the email address they list in the Statement. We find that many legal aid clients do not regularly check their email, which can be problematic if the court or the opposing party is attempting to communicate with them, especially in quick moving cases like landlord-tenant matters. Because the Statement is a public document, we also want to add instructional text to clarify that people should only list initials for any children who are under 18 years old. 2. Are you represented by Legal Aid?: Because legal aid does not always send a letter to an applicant stating that they cannot take the person’s case even though the person is financially eligible, we suggest deleting the text that says, “I have attached documentation from legal aid stating this,” and adding instructional text that says, “Attach documentation if available.” 3. Do you receive public benefits?: We updated the list to eliminate programs that no longer exist or have been renamed. 4. What are your monthly income sources?: We suggest capitalizing “monthly” in this sentence and removing the other references to “monthly” in the rest of this section. Unemployment and public benefits are sent monthly, so people will likely state the monthly amount they receive. 9. Declaration/Affidavit: This section has been confusing for people, so we propose adding instructional text after “Check and complete ONLY ONE box” to clarify what people should do. We propose stating, “If you fill out the Declaration box, you do not need to sign in front of a notary public. If you do not want to list your address for privacy or safety concerns, take this form to a notary public and fill out the Notary box in front of the notary public.” 5. Continued Abuse of TRCP 145 The Commission continues to receive reports of abuses regarding the application of TRCP 145 from legal aid organizations across the state. Many of these reports came from the Poverty Law Section of the State Bar of Texas, which formed a committee to seek and document input from legal aid providers on their experiences with TRCP 145 in the field and from the Texas Legal Services Center. A summary of these concerns is provided in Appendix C. A synopsis of recently reported concerns includes counties that: • • •
Regularly deny Statements without fulfilling basic requirements of the rule, such as filing a motion, providing sworn evidence, providing notice of hearing, or holding a hearing; Require payment for copies served with citation, copies required by law, and other copies needed to adequately respond to the case or comply with court orders, despite the existence of a valid Statement on file. Charge a fee to file the Statement itself; Page 4
• • • • • •
• • •
Challenge all Statements filed; Deny Statements without following the rule because “that’s how it’s done here;” Deny Statements unless declarant has proof of no income; Deny Statements when declarant is a recipient of public benefits or public housing; Deny Statements when declarant is a legal aid client; Use a process outside the procedure set forth in the rule to evaluate the validity of the Statement, such as: o Sending Statements to be reviewed by a private attorney, without knowledge of the criteria used by the private attorney, who makes recommendations to the court on which Statements to deny; o Running the declarant’s social security number to determine financial status and using requirements established by another program to determine eligibility rather than a judge; Notify opposing parties when a litigant files a Statement; Do not make Statements available without request or require litigants to use a form that asks for invasive information instead of accepting the SCOTX approved form; and Deny Statements even though the litigant does not have access to the asset (e.g. a home they do not own) or funds (not yet divided community property retirement) the court bases the denial upon.
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Attachment A RULE 145. PAYMENT OF COSTS NOT REQUIRED (Clean, As Amended) (a)
Costs Defined. “Costs” mean any fee charged by the court or an officer of the court that could be taxed in a bill of costs, including, but not limited to, filing fees, fees for issuance and service of process, fees for copies, fees for a court-appointed professional, and fees charged by the clerk or court reporter for preparation of the appellate record.
(b)
Sworn Statement Required. A party who cannot afford payment of court costs must file the Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court or another sworn document containing the same information. A “sworn” Statement is one that is signed before a notary or made under penalty of perjury. In this rule, “declarant” means the party filing the Statement.
(c)
Duties of the Clerk. The clerk:
(d)
(1)
must make the Statement available to any person for free without request;
(2)
may return a Statement for correction only if it is not sworn—not for failure to attach evidence or any other reason;
(3)
must, on the filing of a sworn Statement, docket the case, issue citation, and provide any other service that is ordinarily provided to a party; and
(4)
may, without delaying compliance with (3), ask the court to direct the declarant to correct or clarify a sworn Statement that contains a material defect. in accordance with (f)
Prima Facie Evidence of Inability to Afford Payment of Costs. The declarant should submit with the Statement any available evidence of the declarant’s inability to afford payment of costs with the Statement. A failure to attach evidence is not a material defect. An attachment demonstrating any of the following is prima facie evidence: (1)
the declarant or the declarant’s dependent receives benefits from a meanstested government entitlement program;
(2)
the declarant is being represented in the case by an attorney who is providing free o r r e d u c e d f e e legal services to the declarant through: (A)
a provider funded by the Texas Access to Justice Foundation;
(B)
a provider funded by the Legal Services Corporation; or
(C)
a nonprofit that provides civil legal services to persons living at or below 200% of the federal poverty guidelines published annually by the United States Department of Health and Human Services; or
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Exhibit A
(3)
(e)
(f)
(g)
the declarant has applied for free legal services for the case through a provider listed in (2) and was determined to be financially eligible but was declined representation.
Motion to Require Payment of Costs. A motion to require the declarant to pay costs must comply with this paragraph. (1)
By the Clerk, the Reporter, or a Party. A motion filed by the clerk, the court reporter, or a party must contain sworn evidence—not merely allegations—either that the Statement was materially false when made or that because of changed circumstances, it is no longer true.
(2)
By the Court. The court on its own may require the declarant to prove the inability to afford costs when evidence comes before the court that the declarant may be able to afford costs or when an officer or professional must be appointed in the case.
Notice; Hearing; Requirements of Order. When a Statement has been filed, the declarant must not be ordered to pay costs unless these procedural requirements have been satisfied: (1)
Notice and Hearing. The declarant must not be required to pay costs without an oral evidentiary hearing. The declarant must be given 10 days’ notice of the hearing. Notice must either be in writing and served in accordance with Rule 21a or given in open court. At the hearing, the burden is on the declarant to prove the inability to afford costs.
(2)
Findings Required. An order requiring the declarant to pay costs must be supported by detailed findings that the declarant can afford to pay costs.
(3)
Partial and Delayed Payment. The court may order that the declarant pay the part of the costs the declarant can afford or that payment be made in installments. But the court must not delay the case if payment is made in installments.
(4)
Order Must State Notice of Right to Appeal. An order requiring the declarant to pay costs must state in conspicuous type: “You may challenge this order by filing a motion in the court of appeals within 10 days after the date this order is signed. See Texas Rule of Civil Procedure 145.”
Review of Trial Court Order. (1)
Only Declarant May Challenge; Motion. Only the declarant may challenge an order issued by the trial court under this rule. The declarant may challenge the order by motion filed in the court of appeals with jurisdiction over an appeal from the judgment in the case. The declarant is not required to pay any filing fees related to the motion in the court of appeals.
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Exhibit A
(h)
(2)
Time for Filing; Extension. The motion must be filed within 10 days after the trial court’s order is signed. The court of appeals may extend the deadline by 15 days if the declarant demonstrates good cause for the extension in writing.
(3)
Record. After a motion is filed, the court of appeals must promptly send notice to the trial court clerk and the court reporter requesting preparation of the record of all trial court proceedings on the declarant’s claim of indigence. The court may set a deadline for filing the record. The record must be provided without charge.
(4)
Court of Appeals to Rule Promptly. The court of appeals must rule on the motion at the earliest practicable time.
Judgment. The judgment must not require the declarant to pay costs, and a provision in the judgment purporting to do so is void, unless the court has issued an order that complies with (f), or the declarant has obtained a monetary recovery, and the court orders the recovery to be applied toward payment of costs. Notes and Comments
Comment to 2016 Change: The rule has been rewritten. Access to the civil justice system cannot be denied because a person cannot afford to pay court costs. Whether a particular fee is a court cost is governed by this rule, Civil Practice and Remedies Code Section 31.007, and case law. The issue is not merely whether a person can pay costs, but whether the person can afford to pay costs. A person may have sufficient cash on hand to pay filing fees, but the person cannot afford the fees if paying them would preclude the person from paying for basic essentials, like housing or food. Experience indicates that almost all filers described in (e)(1)-(3), and most filers described in (e)(4), cannot in fact afford to pay costs. Because costs to access the system—filing fees, fees for issuance of process and notices, and fees for service and return—are kept relatively small, the expense involved in challenging a claim of inability to afford costs often exceeds the costs themselves. Thus, the rule does not allow the clerk or a party to challenge a litigant’s claim of inability to afford costs without sworn evidence that the claim is false. The filing of a Statement of Inability to Afford Payment of Court Costs—which may either be sworn to before a notary or made under penalty of perjury, as permitted by Civil Practice and Remedies Code Section 132.001—is all that is needed to require the clerk to provide ordinary services without payment of fees and costs. But evidence may come to light that the claim was false when made. And the declarant’s circumstances may change, so that the claim is no longer true. Importantly, costs may increase with the appointment of officers or professionals in the case, or when a reporter’s record must be prepared. The reporter is always allowed to challenge a claim of inability to afford costs before incurring the substantial expense of record preparation. The trial court always retains discretion to require evidence of an inability to afford costs.
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Exhibit A
Comment to 2021 Change: The rule has been amended to clarify that proof of any criterion in paragraph (d) is prima facie evidence of the declarant’s inability to afford payment of costs. Paragraph (e) has been amended to require that a contest by the court reporter satisfy the same conditions as a contest by the clerk or a party. These amendments are intended to reduce frivolous challenges to a Statement, which cost time and resources. The rule has also been amended to require in paragraph (f)(4) that an order requiring payment of costs include conspicuous notice of the declarant’s right to appeal. To accommodate these substantive changes, some paragraphs have been rearranged and relettered or renumbered. Other clarifying and stylistic changes have been made.
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Appendix B NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Cause Number:
(The Clerk’s office will fill in the Cause Number when you file this form)
_____________________________________ _____________________________________ (Copy information listed at the top left of the Petition here)
In the
(check one):
District Court Probate Court County Court / Justice Court County Court at Law ________________________ Texas ________ Court Number County
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond 1. Your Information My full legal name is:
First
Middle
My date of birth is:
Last
/
/
Month/Day/Year
My address is: (Home) (Mailing)
My phone number:
My email I check often:
About my dependents: “The people who depend on me financially are listed below.” Use initials only for children under 18. If needed, attach a separate piece of paper to list more dependents. Name
Age
Relationship to me
2._________________________________________________
_____
______________________
3._________________________________________________
_____
______________________
4._________________________________________________
_____
______________________
5._________________________________________________
_____
______________________
1._________________________________________________
_____
______________________
2. Are you represented by Legal Aid? (Check ONLY ONE box)
I am being represented in this case for free by an attorney who works for a legal aid provider or who received my case through a legal aid provider. I have attached the certificate the legal aid provider gave me as ‘Exhibit: Legal Aid Certificate. – OR – I asked a legal-aid provider to represent me. They determined that I am financially eligible for representation but could not take my case. Attach documentation if available. – OR – I am not represented by legal aid.
3. Do you receive public benefits? (Check ONLY ONE box) I do not receive needs-based public benefits. – OR – I receive these public benefits/government entitlements:
(Check ALL boxes that apply and attach proof to this form, such as a copy of an eligibility form or check.)
Food stamps/SNAP TANF Medicaid CHIP SSI/SSDI WIC Public Housing or Section 8 Housing Low-Income Home Energy Assistance Lifeline Community Care via HHS LIS in Medicare (“Extra Help”) Needs-based VA Pension Child Care Assistance under Child Care and Development Block Grant County Assistance, County Health Care, or General Assistance (GA) Other: © Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 16-9122 Statement of Inability to Afford Payment of Court Costs
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Appendix B
4. What are your MONTHLY income sources?
“My take-home pay is:$___________in monthly wages. I work as a______________ for____________________. I receive: Your job title Your employer $ in unemployment. I have been unemployed since (date) . $ in public benefits. $ from people in my household other than my spouse $____________from Retirement/Pension Tips, bonuses Disability Worker’s comp Social Security Military Housing Dividends, interest, royalties Child or spousal support Spouse’s income (List only if your spouse is not your opponent.) $ from other jobs/sources of income. (Describe) $ is my total monthly income. 6. What are your monthly expenses that are not 5. What is the value of your assets or property? deducted from your paycheck? “My property includes: Value* “My monthly expenses are: Amount Cash $ Rent/house payments/maintenance $ Bank accounts, other financial assets Food and household supplies $ $ Utilities and telephone $ $ Clothing and laundry $ $ Medical and dental expenses $ Vehicles (cars, boats) (make and year) Insurance (life, health, auto, etc.) $ $ School and child care $ Transportation, auto repair, gas $ $ $ Child / spousal support $ $ Other property (like jewelry, stocks, land, a 2nd Wages withheld by court order house. Do not list your homestead.) Other expenses $ Debt payments paid to: (List) $ $ $ $ $ $ Total Value of Property→ Total Monthly Expenses → $ $ *The value is the amount the item would sell for less the amount you still owe on it, if anything.
7. Are there debts or other facts explaining your financial situation? “My debts include: (List debt and amount owed) ___________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ (If you want the court to consider other facts, such as unusual medical expenses, family emergencies, etc., attach another page to this form labeled “Exhibit: Additional Supporting Facts.”) Check here if you attach another page.
8. Ability to Pay Court Costs: (Check ONLY ONE box) I cannot afford to pay court costs. I cannot furnish an appeal bond or pay a cash deposit to appeal a justice court decision, and I cannot afford to pay court costs. 9. Declaration/Affidavit: (Check and complete ONLY ONE box. If you fill out the Declaration box, you do not need to sign in front of a notary public. If you do not want to list your address for privacy or safety concerns, take this form to a notary public and fill out the Notary box in front of the notary public.) Declaration: I declare under penalty of perjury that the foregoing is true and correct. My name is . My date of birth is : / / . My address is Street
Signature
signed on
/
City
/
Month/Day/Year
in
State
County name
Zip Code
County,
Country
State
Notary: I swear under penalty of perjury that the foregoing is true and correct. ________________________________________ _________________________________________ Your Printed Name
Your Signature
© Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 16-9122 Statement of Inability to Afford Payment of Court Costs
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Appendix B Sworn to and subscribed before me this _______ day of _____________________, 20_____. _________________________________________________ (NOTARY)
© Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 16-9122 Statement of Inability to Afford Payment of Court Costs
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Appendix B NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Cause Number:
(The Clerk’s office will fill in the Cause Number when you file this form)
_____________________________________ _____________________________________
(PrintCopy information listed at the top left of the Petition here) style of case as listed on the petition.)
In the
(check one):
District Court Probate Court County Court / Justice Court County Court at Law ________________________ Texas ________ Court Number
Commented [TM1]: Changed language to make it easier to understand. This is commonly filled out incorrectly
County
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond 1. Your Information My full legal name is:
First Month/Day/Year
My date of birth is:
Middle
Last
/
/
Commented [TM2]: Fixed formatting issue
My address is: (Home) (Mailing)
My phone number:
My email I check often:
About my dependents: “The people who depend on me financially are listed below.” Use initials only for children under 18. If needed, attach a separate piece of paper to list more dependents. Name
Age
Relationship to me
2._________________________________________________
_____
______________________
3._________________________________________________
_____
______________________
4._________________________________________________
_____
______________________
5._________________________________________________
_____
______________________
1._________________________________________________
_____
Commented [TM3]: Let’s them know they need to check their email, which may not do frequently, especially in landlord-tenant or other fast moving cases.
______________________
2. Are you represented by Legal Aid? (Check ONLY ONE box)
I am being represented in this case for free by an attorney who works for a legal aid provider or who received my case through a legal aid provider. I have attached the certificate the legal aid provider gave me as ‘Exhibit: Legal Aid Certificate. – OR – I asked a legal-aid provider to represent me. They, and the provider determined that I am financially eligible for representation, but the provider could not take my case. Attach documentation if available. – OR – I am not represented by legal aid.
Commented [TM5]: Fixed formatting
3. Do you receive public benefits? (Check ONLY ONE box) I do not receive needs-based public benefits. – OR – I receive these public benefits/government entitlements:
(Check ALL boxes that apply and attach proof to this form, such as a copy of an eligibility form or check.)
Food stamps/SNAP TANF Medicaid CHIP SSI/SSDI WIC AABD Public Housing or Section 8 Housing Low-Income Home Energy Assistance Emergency Assistance Telephone Lifeline Community Care via HHSDADS LIS in Medicare (“Extra Help”) Needs-based VA Pension Child Care Assistance under Child Care and Development Block Grant © Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 16-9122 Statement of Inability to Afford Payment of Court Costs
Commented [TM4]: With R145, it’s best if they attach evidence, so we added this back into the Statement.
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Appendix B County Assistance, County Health Care, or General Assistance (GA) Other:
4. What are your monthlyMONTHLY income sources?
“My take-home pay is:$___________in monthly wages. I work as a______________ for____________________. I receive: Your job title Your employer $ in monthly unemployment. I have been unemployed since (date) . $ in public benefits per month. $ from people in my household other than my spouse each month: (List for income received from people other than your spouse.)
$____________from Retirement/Pension Tips, bonuses Disability Worker’s comp Social Security Military Housing Dividends, interest, royalties Child or spousal support Spouse’s income (List only if your spouse is not your opponent.) $ from other jobs/sources of income. (Describe) $ is my total monthly income. 6. What are your monthly expenses that are not 5. What is the value of your assets or property? deducted from your paycheck? “My property includes: Value* “My monthly expenses are: Amount Cash $ Rent/house payments/maintenance $ Bank accounts, other financial assets Food and household supplies $ $ Utilities and telephone $ $ Clothing and laundry $ $ Medical and dental expenses $ Vehicles (cars, boats) (make and year) Insurance (life, health, auto, etc.) $ $ School and child care $ Transportation, auto repair, gas $ $ $ Child / spousal support $ $ Other property (like jewelry, stocks, land, a 2nd Wages withheld by court order house. Do not list your homestead.) Other expenses $ Debt payments paid to: (List) $ $ $ $ $ $ Total Value of Property→ Total Monthly Expenses → $ $
Commented [TM6]: Fixed formatting issues
*The value is the amount the item would sell for less the amount you still owe on it, if anything.
7. Are there debts or other facts explaining your financial situation? “My debts include: (List debt and amount owed) ___________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ (If you want the court to consider other facts, such as unusual medical expenses, family emergencies, etc., attach another page to this form labeled “Exhibit: Additional Supporting Facts.”) Check here if you attach another page.
8. Ability to Pay Court Costs: (Check ONLY ONE box) I cannot afford to pay court costs. I cannot furnish an appeal bond or pay a cash deposit to appeal a justice court decision, and I cannot afford to pay court costs. 9. Declaration/Affidavit: (Check and complete ONLY ONE box. If you fill out the Declaration box, you do not need to sign in front of a notary public. If you do not want to list your address for privacy or safety concerns, take this form to a notary public and fill out the Notary box in front of the notary public.) Declaration: I declare under penalty of perjury that the foregoing is true and correct. My name is . My date of birth is : / / . My address is Street
Signature
signed on
/
City
/
Month/Day/Year
in
State
County name
© Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 16-9122 Statement of Inability to Afford Payment of Court Costs
Zip Code
County,
Country
State
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Commented [TM7]: Feedback that this section was confusing as written so we edited it.
Appendix B Notary: I swear under penalty of perjury that the foregoing is true and correct. ________________________________________ _________________________________________ Your Printed Name
Your Signature
Sworn to and subscribed before me this _______ day of _____________________, 20_____. _________________________________________________ (NOTARY)
© Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 16-9122 Statement of Inability to Afford Payment of Court Costs
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Appendix C Brief List of Abuses of Rule 145 by County March 2021
County Angelina County
Atascosa County
Issue The District Clerk is charging indigent litigants $20 for notices of expungement, and an additional $8 per order once the court grants the expunction. The District Clerk called to notify attorney for an indigent grandmother adopting child in child welfare case that adoption hearing would not be held that day unless court costs were paid. The grandmother had a Statement on file, and the clerk never filed a written motion to contest or any sworn evidence.
Notes The District Clerk claims these are not court costs or citations.
The District Clerk stated that the grandmother was not allowed to proceed under her Statement because she received a $1,200 stipend from Texas Department of Family and Protective Services (DFPS) to help cover the costs of the adoption. DFPS provides these limited federal funds to assist with completing adoptions – they are not designated to cover court costs and do not cover the entirety of costs an adoptive parent must incur to complete the legal adoption process.
1
More Information
As is often the case, the attorney ended up paying the fees from the alreadyreduced fee she was charging her client so as not to further delay a permanent adoption for the foster child.
Appendix C Brazoria, Matagorda and Wharton Counties
Caldwell County
Cameron County
County and District clerks are requiring payment for copies served with citations and copies of any pleading in the file from pro se and legal aid represented filers who have filed an uncontested Statement. The District Clerk’s staff accepted a filing from indigent client, but then indicated it was “not accepted” and refused to issue citation.
The clerks are also telling pro se filers they have to pay for expunction and nondisclosure letters to go out to agencies, even though it is the clerk’s requirement to send. The District Clerk said that court costs must be paid - even though client was not being charged for representation – because the attorney was being paid a reduced fee by the local domestic violence shelter, which is similar to what LSC organizations do under LSC’s Private Attorney Involvement (PAI) program. TRLA divorce clinic saw an order to pay for a participating client, who had not received a copy of order. Client was instructed to go to court to get copy. Client returned from the courthouse and notified TRLA that despite being on food stamps and living in public housing, she’d been ordered to pay court costs. She paid
Judges have District Clerks forward Statements, and they issue denials, without hearing or notice.
2
Courthouse staff told pro se litigant that laws had changed in September 2019 and that even though she lives in public housing and receives food stamps does not mean that she can get a divorce done for free and that it all depends on the judge. Litigant spent all the money she had and had no funds left for upcoming
Appendix C them because she was told she only had 2 days to pay the costs.
Collin County
The County Clerk and court staff tell pro se litigants who file Statements that it is the judges’ policy to hold an indigency determination hearing for any person who submits a Statement.
County Clerk also appears to require litigants to come in and fill out the county’s indigency determination form rather than accepting the SCOTX form. The forms are then sent down to their Indigent Defense Program, where they run the litigant’s social security number, and determine if she qualifies under their separate Indigent Defense Program requirements.
Ector County
District Clerk requires “proof of no income” be attached to Statement at the time of filing. Filings with Statements that don’t attach this proof are rejected.
Nothing is mentioned about anything being waived on the District Clerk’s fee schedule.
3
expenses. Litigant explained she paid because of the 2-day threat and she wanted to get the divorce over with.
There is no Statement form located with the clerk’s civil or family forms. The only form that references fees is the “Required Notice Form” that pro se litigants are required to sign. It appears to have improper information about pauper’s oaths
Appendix C and states, “If you pursue a legal action without an attorney representation, we will file documents you present to us and collect the filing fee at the time of filing.” El Paso County
Judge questioned why an indigent divorce litigant who was a veteran with an uncontested Statement on file had not accepted early retirement funds from a former employer to pay for the court costs.
Fort Bend
District Court Judges are refusing to follow Rule 145 by failing to provide notice of a reason that a Statement is being contested or notice of a hearing on the matter at all.
Even if the veteran had wanted to accept early retirement funds, the deadline to accept it had passed and doing so was impossible because it required that his divorce be final.
An associate family court judge is also broadly contesting the Statements of pro se litigants. Court sends Statements to a private attorney for review and he notifies the court of which ones to contest. Judge was unaware of the criteria the private lawyer uses to determine which ones to contest. One client received Fort Bend District no notice that her Clerk employee told indigency was being us that Rule 145 challenged and no requirements are not notice of a hearing on necessarily followed the matter. She only here. Essentially "it's learned it was just how the judges contested because are here" and that she called the clerk to district court judges double check that she in Fort Bend use was all set for her different standards hearing. for pro se parties than they do for represented parties.
4
Appendix C Harris County
The District Clerk is sending bills to individuals who file a Statement with charges for things like motions as well as a $2 fee to file the Statement, itself.
Debt collectors then make efforts to collect fees incurred during the litigation after the case closes without contesting the Statement or any other due process.
Bills to people who had uncontested Statements also state that late payments will be subject to a “30% collection fee” and unpaid balances will be sent to collections.
District Clerk employee told one indigent person that she had to receive food stamps in order to qualify. Since she did not receive food stamps, the Clerk rejected her application entirely, even when she attached a legal aid provider statement.
The clerk was also failing to make the Statement available without request. The form is now available on their website, but the District Clerk staff told us, “You can fill out anything you want, but it’s not up to us. It’s up to the judge.”
Some Harris County Courts are also refusing to appoint attorney ad litems or interpreters for litigants who have filed a Statement in cases where these court-appointed professionals are necessary unless they receive payment. Hays County
The District Clerk regularly requires payments for copies of the petition to attach to the citation, even where there is an uncontested Statement on file.
Hood County
Hood County District Clerk staff is telling pro se litigants that they can only qualify for a waiver of fees if they receive food stamps.
5
Appendix C Kimble County
The District Clerk said she usually challenges any Statement. It appears she is not filing a sworn motion when she makes these challenges.
McLennan County
The District Clerk is using a non-Supreme Court-approved form that asks for invasive information as well as sending a letter to other parties when one party files a Statement.
San Patricio County
The District Clerk is charging for copies needed for service. Staff also charges for a copy of an order, even if the order is legally required or not provided to litigants through the e-filing system.
One pro se litigant filed a petition for divorce along with a Statement. The clerk sent the other party a letter stating she would need to fill out one of their financial forms and enclosed a copy of their version The District Clerk is of a financial also charging indigent statement (not the folks for courtform approved by the ordered co-parenting Supreme Court). classes as well as copies of required documents. A judge sua sponte The judge refused to contested a sign the order Statement without admitting to probate notice at a final until the client paid hearing on muniment court costs because of title. The judge her homestead, in questioned the client which she had been about income and living with the employment and decedent for several refused to let the years prior to the client’s own attorney decedent’s death, examine the client was valued at about these issues. $92,000. Title was not Based on her yet in her name, so undeveloped she could not have testimony, the judge taken a loan against 6
No Statement form is available or mentioned on the County Clerk’s website. Under the FAQs, under “Do the County Courts have forms/paperwork to help file a suit?” it says: “The county courts have no paperwork or forms to fill out to help you along with filing a suit. We are clerks and cannot give legal advice.” The client needed the muniment of title to pursue disaster relief funds due to damage home incurred in Hurricane Harvey. She decided not to appeal and delay the case, and attempted to ask for the necessary court costs from other sources.
Appendix C accused the client of fraudulent filing her Statement.
Scurry County
Starr County
the property. Homesteads are also exempt from public benefit and legal aid eligibility determination. The judge further chastised the legal aid program for representing a client he had determined could afford the court costs. The District Clerk The attorney filed a Request for objected that the Review of an indigent clerk failed to comply client’s Statement with Rule 145 without any sworn because she did not evidence, and it was submit sworn never set for hearing. evidence and that the At the final Zoom contest had not been hearing on an set for hearing. The expunction case, the judge still refused to judge appeared and hold a hearing on the informed the client’s client’s expunction attorney that the case until the fees court was not holding were paid. a hearing for the expunction because there was reason to believe that the client could pay for court costs. The County Clerk is An applicant for a requiring payment protective order or for copies of an attorney protective orders representing an even though the applicant may not be family code prohibits assessed a fee, cost, him from doing so. charge, or expense by a district or county clerk of the court. Tex. Fam. Code § 82.003. Clerk claimed 7
The client badly needed the expunction, so he borrowed money to pay the fees. After this, the expunction was granted. The District Clerk told the legal aid attorney that she filed the request for review because the Statement did not show that attorney’s client received any public benefits and she had never seen a Statement in a nonfamily law case. TRLA contacted County Attorney, who arranged for a free copy for TRLA client. However, it appeared that this would be a one-time exception to clerk’s charging policy. How many pro se litigants
Appendix C
Tarrant County
All Counties
The District Clerk is refusing to issue citations and charging pro se litigants for posting and publication fees, ad litems, and legally required certified copies despite uncontested Statement. The vast majority of the reports we receive from legal services lawyers are not included in this list because the lawyers have been able to resolve the individual issues piecemeal with great time and expense.
8
that the use of “may” makes it discretionary.
will be charged in the future?
The District Clerk was also hiding Statement forms behind the counter and did not make the form available on his website for years.
We have numerous reports about the Tarrant County District Clerk and he seems to be a serial offender.
All indications are that clerks and courts behind these abuses may make an exception for a persistent and determined attorney, but they will continue to violate Rule 145 in all other cases.
This list is just the tip of the iceberg. Most pro se litigants will not have the benefit of an attorney and will be denied access to the courts or unfairly charged for the privilege.
Thank You Yo for Ma aking a Differ D e ence in Thoussands of Lives Across o Teexas. x
Exhibit G
2021 CHAMPION OF O JUSTICE SOCIETY MEM MBERS GU UARDIAN N
HER RO
David J. Bertoch David Anthony Bloomer B Sara E. Dysart John Fleming Michael W. Hilliard Christopher Hollins Roland Johnson Alexander Knapp Dwaine Morris Massey Peggy Montgomery Harry M. Reasoner J. Michael Solar Leah Linda Stolar Terry O. To Tottenham Carlos M. Zaffirini, Jr.
Barry Abramss Paul E. Andersson, Jr. Sharon Beaussoleil Rebecca Bisho op Hugh T. Blevin ns T. David Bond Marian LLyyia Brancaccio Wendy Castellana Michael Caywood Clinton F. Cross Mario Davila Pablo Franco Hon. Thomas C. Fuller Robert Gage Kevin Bernard Gerrity
Nancy Hesse Hamren Peter Hansen Lynda Harbove Renee Hemmasi George B. Hernandez Benedict James Eileen Keiff ffe er Lawrence Kelly Ronald Kirk Michael Lam Nathaniel Lounsbury Hon. Michael C. Massengale David R. McAtee Charles W. Nichols Tammi Niven
Alexander Piala Ann Kaylene Ray Scott E. Rozzell Philip Sellers Dian ne Marie St. Yv Yves Mattthew R. Stammel Joel Jay Steed Williaam Floyd Stutts Williaam Sutton Robe ert L. To Tobey Ben Vaughan V Williaam Louis Wallander Jonaathan Werlang Allen n Eugene White R. Paaul Ye Yetter
Hon. Roy B. Ferguson Matthew Florez Neill Fuquay Robert T. T. Givens P. Rowland Greenwade Meghan Elaine Griffiths Patricia M. Hanson Mark Edward Heidenheimer Ann Howard John Loring Howard Dee Dee D. Hoxie Jason Joy Thomas Craig Kildebeck Caroline Rene Kirksey Kathleen A. Knight Robert Bruce Laboon Larry De-Wayne Layfield
Joseph Everett Leblanc Keith Lutsch Elizabeth E. Mack E. Pierce Marshall, Jr. Lori Mason David George Matthews Trish McAllister Richard Melamed Meredith Morrill Stephen S. Mosher Kurt Nondorf Michael V. Powell Howard K. Prol Al Richter,r, Jr. Michael Lee Riggs Penny Robe Stacey Beth Saunders
on Seger Allyso Alfred do Silva Kevin n Simmons Lindaa Thill Michael Thomas Sunn ny Thompson Fangzhong Tian Lora Warren W Maryy Riley Wechtenhiser Luke Abraham Weedon Barbaara C. Wingo John Douglas Wittenberg W Lori Wrotenbery Richaard Zansitis
$1,000+
$5,000/5 years
DEFENDER $500 to $999
Anonymous Joseph Abraham John Abramowitz William Vance Aleshire Maria Nan Alessandra James M. Alsup Theodora McShan Anastaplo Leo L. Barnes Chad Baruch Ron Dale Betz Hon J. Brett Busby Christopher Cauble Chase Cobb Richard Alfred Cort Scott Wagner Cowan Parker Cragg Quinton Alan Farley
(as of August A 31st, 2021)
The support of donors like these is critical to improving access to civil legal aid forr low-income T Teexans. Become a Champion of Justice Society Member. Visit TexasA Te AT TJ.org and join the growing community of access to justice supporters who are making access to the courts a reality for every veryo on ne.
TexasAT Te AT TJJ.org
@T Te exasAT AT TJJ
Exhibit H 2021 CHAMPIO ON OF JUSTICE LA AW W FIRM MS
Thank Y Yoou to E Each Champion of Ju J Justice Law Fi Firm for Ma Making a Differreenccee in T Teens of Thousaands off Li L veess Acrroosss T Teexas. Highest h Amo ount Raised
Highest Percentage off Attorney Participation
(10-19 Attorneys)
Vela W Ve Wo ood PC Martin Baughmaan PLLC (tie) Phillips Murrah P. P.C. (tie) Rusty Hardin & Associates, LLP (tie) Ru n, PLLC Sherrill & Gibson
Veela Wo V Wood PC Rochelle McCullough, LLP (tie) Shipley Snell Montgomery LLP (tie) The Hudgins Law Firm, PC (tie) C antilo & Bennett, L.L.P Cantilo P.. P
Small
Yetter Coleman L Ye LLP Scott Douglass & McConnico, LLP Willkie Farr & Gallagher LLP Wi
Lyynch, Chappell & Alsup L p, PC (tie) Davidson T Trroilo Ream & Garza (tie) Scott Douglass & McConnico, LLP Donato Brown Pool & Moehlmann
Beck Redden LLP Naman Howell Smith & Lee PLLC Carrington Coleman Sloman & Blumenthal LLP
Beck Redden LLP Carrington Coleman Slo oman & Blumenthal LLP Naman Howell Smith & Lee PLLC
Vinson & Ellkins LLP Norton Rose Fulbright US LLP Locke Lord LLP
Susman Godfrey LLP Vinson & E Ellkins LLP Holland & Knight
Boutique
(20-44 Attorneys)
Medium (45-89 Attorneys)
Large (90+ Attorneys)
The Champion of Ju Justice Law F Fiirm Competition is an annual event. For morree information, contact Trish Fo Tr Mc McAllisterr,, tmcallister@texasatj.org or 512-4 427-1855. Learn more re about the worrkk of the T Teexas Access to Justice Ju Commission at www w..texxasatj.org. TexasAT Te AT TJJ.org
@T Te exasA AT TJJ T
Appendix 1
Report to the Supreme Court of Texas January – November 2021
As we began to slowly emerge from pandemic lockdowns and assess the impact on the legal aid delivery system, thousands of Texans are still grappling with job loss, eviction or housing instability, and domestic violence stemming from the pandemic. Many Texans have found themselves in poverty for the first time, seeking legal help with unemployment claims, landlord-tenant problems, and consumer credit, among others, while also recovering from the impact of the worst winter storm in recent history. In many cases the pandemic exacerbated the need for legal help and strained the resources that did exist. Nearly 5.2 million Texans qualified for legal aid before the COVID-19 pandemic, as Texas is home to the second-highest number of poor people in the nation. While we were only able to meet an estimated 10% of legal needs, legal aid organizations provided assistance in civil matters to more than 100,500 low-income Texas families in 2020; impacting the lives of approximately 375,000 individuals. 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; however, remains dismal. The loss of IOLTA revenue will have a significant, negative impact on future grant funding the TAJF provides to legal aid programs. The 36 legal aid programs funded by the Texas Access to Justice Foundation have adapted and created remote legal aid services and virtual client intake procedures and clinic structures so that they remain available to help clients in need. Some services and outreach efforts are slowly returning to in-person, while many expect to remain virtual and rely more heavily on technology. The Foundation is committed to supporting the critical legal aid work in our state and finding additional ways to support these efforts throughout the pandemic and beyond. 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 process involves an exploration of how TAJF can work effectively to support and foster diversity, equity, inclusion and belonging in its own operations and furthering such work among its grantees. The process also encompasses the impact of COVID19 on the needs and operations in the legal aid delivery system supported by TAJF; and will consider the short and long-term staffing needs of the Foundation to meet its obligations. Consultants for this project have interviewed several stakeholders and will present preliminary findings in December, followed by a board of directors strategic planning retreat next April. The goal is to better enable the Foundation to lead with diversity, equity, inclusion, and belonging and to carry out its work efficiently and effectively. Texas Access to Justice Foundation Report, January – November 2021
Page - 1 -
FUNDING LEGAL AID in 2021 State Legislative Funding During the 87th Texas Legislative Session, the legal aid community was fortunate to maintain its general revenue appropriation for basic civil legal services, veteran legal services and legal aid for survivors of sexual assault. Additionally, a new $2.5 million exceptional item was approved for civil legal needs stemming from the coronavirus pandemic. This item, requested by Chief Justice Nathan Hecht, includes an additional $1 million for veteran legal services. Also, as part of a statewide opioid settlement, $5 million is earmarked for legal aid providers to help Texans impacted by addiction with a broad range of civil legal issues, including health benefits, child support and custody, guardianship, domestic violence, housing, employment and others. 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. TAJF is grateful to have the coordinated support of many access-to-justice partners, led by Texas Supreme Court Chief Justice Nathan Hecht, Retired Justice Eva Guzman, and Justice Brett Busby, to secure state funding for the legal aid delivery system. IOLTA Funding Decline As 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. The 2021 revenue for IOLTA is approximately half of what it was prior to the pandemic in 2019. Based on the IOLTA revenue earned to date, TAJF estimates total IOLTA revenues for 2021 will be nearly $8.4 million. We project IOLTA revenue will be much less in 2022 since we have seen a steady decline since the pandemic. Additionally, projections indicate interest rates will remain low through 2022, further exasperating the shortfall in IOLTA funding. 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 one percent on IOLTA bank accounts. During 2021, several of our Prime Partner Banks are no longer able to pay higher interest rates and have dropped out of the program. Prime Partners contributed 24% of the IOLTA revenue in 2021, despite only holding 6% of the IOLTA bank balances – in effect, these banks pay triple compared to other banks.
Texas Access to Justice Foundation Report, January – November 2021
Page - 2 -
Partnering with TDHCA for federal funds to keep Texans housed With support from the Office of Court Administration, the Supreme Court of Texas and TAJF grantees, the Texas Department of Housing and Community Affairs (TDHCA) contracted directly with TAJF to disperse $20 million of Emergency Rental Assistance Program (ERAP) funds for legal services. 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. Under this grant, up to 10% of the funds will be used for Housing Stability Services, which includes legal services. These services may include eviction defense, help accessing local and state rental assistance, and other legal services that keep Texans and their families in stable housing. TAJF staff worked diligently to fast track this opportunity to tackle the housing crisis, increase legal services in Texas and develop new relationships to benefit low-income communities across Texas now and in the future. Federal Funding – Legal Services Corporation (LSC) Three of the largest legal aid providers in Texas receive funds from the LSC: Legal Aid of NorthWest Texas, Lone Star Legal Aid and Texas RioGrande Legal Aid. For 2021, these Texas grantees received $37,537,286 from the LSC total budget of $425,500,000 for basic field grants for legal services. Congress has not yet made appropriations for FY2022, making a Continuing Resolution necessary to avoid a government shutdown. The House and Senate each passed a Continuing Resolution, which was signed by the President, to provide funding for federal programs and agencies at current levels until December 3.
GRANTS PROVIDED BY TAJF The Texas Access to Justice Foundation currently administers 110 grants totaling more than $76.7 million for grant year 2021-2022 to 36 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 has generated a significant increase in the need for essential civil legal aid for our most vulnerable Texans and has impacted grants, and will continue to impact, grant funding needed throughout the state. 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 2021-2022 grant year include: • $39,520,639 in Basic Civil Legal Services (BCLS) to 17 grantees • $4,756,791 in Interest on Lawyers’ Trust Account (IOLTA) funds to 17 grantees • $3,409,635 in Veteran Legal funds to 17 grantees Texas Access to Justice Foundation Report, January – November 2021
Page - 3 -
• $5,000,000 in Legal Aid for Survivors of Sexual Assault (LASSA) funds to 11 grantees • $19,900,000 in Emergency Rental Assistance Program 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 • $466,667 from the Ann Bower Bequest to provide legal aid in education and juvenile to underserved communities to 1 grantee • $831,486 to 1 grantee for critical MPP legal services along the Texas border; $90,000 of which is made possible through the New York Community Trust • $82,141 to 1 grantee to fund the Parent Resource Helpline and $240,000 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 • $66,000 in funds raised at 2021 LawTeria fundraiser sponsored by the Hispanic Issues Section of the SBOT to 6 grantees to help underserved communities disproportionately impacted by the COVID-19 pandemic • $14,000 to 1 grantee in emergency assistance to continue funding an essential advocate whose funding support was unexpectedly discontinued (four months) CARES Act Coronavirus Relief Fund Grants At the end of 2020, the Foundation administered $4.2 million in CARES Act Coronavirus Relief Fund (CRF) funds obtained by the Supreme Court’s request to the Governor’s office. The statewide coordinated effort focused on three key areas representing the first and second waves of COVID-19 related emergency legal problems: housing preservation, family safety, and economic security. The CRF funding went to 13 TAJF grantees with unexpected expenses brought on by the pandemic and included: approximately $3.1 in temporary personnel, $1 million in technology, $50,000 in administrative support, and $30,000 in personal protective equipment. With these funds, the grantees engaged in a statewide coordinated response to pandemicrelated civil legal needs of eligible Texans during the period beginning March 1, 2020, through December 30, 2020. Each sub-grantee provided legal services to eligible Texans who were negatively impacted by COVID-19, prioritizing those facing eviction. TAJF grantees surpassed projections in all instances related to service delivery. Output Measures
Target Level
Total
Eviction portal entries Number of cases closed with legal services Number of counties where legal services were provided Number of pro bono attorneys assisting in the delivery of services
130,000 3,000 150 150
151,657 4,676 176 189
Texas Access to Justice Foundation Report, January – November 2021
% Projection was Exceeded 16% 55% 17% 26%
Page - 4 -
EMERGENCY RENTAL ASSISTANCE Program 1 (ERA1) 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 $19.8 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 is for a 17-month period beginning May 1, 2021 and ending September 30, 2022. TAJF legal services grantees are currently executing a plan developed in collaboration with the TDHCA in which housing stability clinics are held in designated locations throughout Texas. These clinics are staffed by attorneys, support staff and pro bono volunteers, as appropriate, and assist eligible clients by providing essential information, legal advice, and assistance in completing rental assistance applications. Additionally, TAJF grantees provide a full range of legal services as appropriate, including legal advice, brief service, 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 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 in other counties and Courts as needed. This eviction assistance project seeks to maintain housing and improve housing stability for all clients. In partnership with the Office of Court Administration (OCA), TAJF worked to prepare Texas Justices of the Peace for the Emergency Rental Assistance Program that would be playing out in their courtrooms. Included in the preparation was a webinar hosted by OCA that included opening remarks by Chief Justice Nathan Hecht, and perspectives from a legal aid lawyer who handles evictions in JP courts and a JP who has experience with lawyers on standby in her court to assist with qualifying evictions. Additionally, TAJF staff worked with ERA-funded legal aid programs to ensure JPs have a direct line to the legal aid lawyers doing the work in their jurisdictions. The ERA1 project got fully underway in September, and in addition to hosting 70 housing stability clinics statewide, as of September 30, 2021, the project has assisted: Total Households Receiving Legal Services as of 9.30.2021
Total Number of Households Served Through Housing Stability Clinics as of 9.30.2021
Total Number of Households Assisted in Applying to Texas Rent Relief Program as of 9.30.2021
790
1,262
133
Texas Access to Justice Foundation Report, January – November 2021
Page - 5 -
IMPACT AND RESULTS from Grantees for 2020 Legal aid grantees of the Texas Access to Justice Foundation reach every population group and geographic region of Texas. Below are a few additional 2020 statistics on how legal aid provided critical legal help for people to protect their livelihoods, their health, and their families: ● TAJF grantees closed roughly 100,500 cases, benefiting the lives of approximately 375,000 individuals ● In 2020, legal aid helped secure for their clients more than $21 million in back awards or lump sum settlements and helped win $750,295 in monthly benefits for clients, including Social Security and SSI, child support, pensions, back wages and unemployment compensation ● More than 27,500 victims of domestic violence received legal help ● TAJF grantees assisted more than 14,000 homeless persons in 2020 ● Approximately 24,500 people with disabilities were able to access a lawyer to help solve a legal problem ● TAJF funds seven law school clinical programs and law students were actively involved in closing 5,114 cases ● Pro bono legal aid provided by private attorneys is vital to the civil legal aid delivery system in Texas. Nearly 4,328 private attorneys in Texas volunteered legal services to low-income clients and their problems through a legal aid program. Nine percent of the cases closed in 2020 were handled by pro bono attorneys. Legal aid for SURVIVORS OF SEXUAL ASSAULT (LASSA) For the biennium 2019-2021, 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. A new website (LASSATexas.org) debuted in November to connect the statewide collaborative and to better serve survivors. Since the LASSA program’s inception in October 2015, the LASSA hotline has fielded over 25,036 calls and the network of legal aid providers has closed 20,497 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 two-year grant period beginning September 2019 and ending August 2021, LASSA grantees closed 5,467 cases for survivors of sexual assault. Legal aid for TEXAS VETERANS 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 2019-2021 biennium. With these funds, TAJF awarded grants to 13 legal aid programs, law school clinics Texas Access to Justice Foundation Report, January – November 2021
Page - 6 -
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 (which was virtual this year because of the pandemic) and funding from TAJF provide 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. More than 6,749 veterans received assistance from TAJF grantees in 2020. During the grant term, LAV grantees closed 5,152 cases for veterans and their families, and 4,750 veterans attended the 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 legal representation to non-custodial parents to increase their parenting time. TLSC’s Access and Visitation Hotline provides legal information to Texans regarding child support, child custody and visitation. During 2020-2021, TLSC provided brief services or settlement negotiations to resolve parenting conflicts to more than 4,200 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 2020-2021, the PRH provided legal information and assistance with family court orders to more than 1,200 Texans. The Supreme Court of Texas Children’s Commission and the Texas Center for the Judiciary’s Children’s Justice Act helped 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 2020-2021. 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 TAJF has moved to virtual grantee site visits and program assessment due to the pandemic, including conducting virtual interviews and document reviews of grantee organizations throughout Texas. By the end of 2021, TAJF will have conducted 13 virtual site visits and accompanying fiscal desk audit reviews. TAJF continues to ensure compliance by its grantees through ongoing communication, including monthly and quarterly programmatic and financial Texas Access to Justice Foundation Report, January – November 2021
Page - 7 -
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. The public interest lawyers eligible for the program have a total combined debt of more than $14.2 million; with the average individual debt of $136,111. The average salary of those currently eligible is approximately $67,302 and the average monthly loan payment for these attorneys is $484. 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 partnership with their host organizations. TAJF is proud to support four fellows for the two-year term that began in September 2021 and continues support of five fellows from the 2021 class. The 2021-2023 Fellowship class and their projects are: •
Claire Brown, Texas A&M University School of Law, provides appellate representation to detained indigent immigrants in Dallas-Fort Worth with a focus on direct representation, pro se education, and pro bono training. Her host organization is Catholic Charities Dallas Immigration Legal Services in Dallas.
•
Hope Bettler, Emory University School of Law, provides direct legal services for citizens in rural Texas border communities facing obstacles to obtaining proof of identity and citizenship. Hope’s fellowship host is Texas RioGrande Legal Aid (TRLA) in their Del Rio office.
•
Leila Blatt, Yale Law School, defends low-income Black families in the greater Austin area against aggressive child welfare interventions through direct representation, relationship building, and community education. Her host is TRLA in Austin.
•
Chelsea Klumpp, University of Houston Law Center, provide direct legal services to indigent individuals with complex immigration-based issues that require federal litigation in order to address this significantly underserved need. Her host is the University of Houston Law Center Immigration Clinic.
PEOPLE and EVENTS The Texas Access to Justice Foundation wished Justice Eva Guzman well as she retired from the Court and looks forward to continuing to work with Justice Brett Busby as our access to justice liaison. Board members Perla Cavazos, Margarita Sanchez, Denise Scofied, and Carlos Zaffirini
Texas Access to Justice Foundation Report, January – November 2021
Page - 8 -
were reappointed to a three-year term on the TAJF Board of Directors. The Texas Bar Foundation named Board Member Terry Tottenham an Outstanding 50-year Lawyer this year. The National Legal Aid and Defender Association (NLADA) honored TAJF Executive Director Betty Balli Torres with the 2021 Innovations in Equal Justice Award during the annual Equal Justice Conference hosted by the ABA and NLADA in May. Torres continues to chair of the ABA Commission on Hispanic Legal Rights & Responsibilities; serves as a special advisor to the ABA Commission on Immigration; and is a member of the ABA Center for Diversity and Inclusion. Sexual Assault Awareness Month In April, in recognition of Sexual Assault Awareness Month (SAAM), Justice Eva Guzman authored an opinion piece that was published statewide on how the Legal Aid for Survivors of Sexual Assault (LASSA) helps those in need rebuild their lives. Exhibit 1 National Forum Chief Justice Nathan Hecht and Legal of NorthWest Texas Executive Director Maria ThomasJones participated in Access to Justice Forum coordinated by the Legal Services Corporation on Feb. 4. Chief Justice Hecht spoke about COVID's impact on state courts and Thomas-Jones discussed the pandemic’s effects on legal aid clients. DOJ Office for Access to Justice The U.S. Department of Justice is reopening its Office for Access to Justice. The mission is to help the justice system efficiently deliver outcomes that are fair and accessible to all, irrespective of wealth and status. A national Legal Aid Interagency Roundtable assembled by the President produced a report on “Access to Justice in the Age of COVID-19”. The report includes a quote from TAJF Executive Director Betty Balli Torres regarding the Emergency Rental Assistance Program and how it helps connect Texans with rental assistance to pay their landlords. Exhibit 2 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. 8-12. Legal aid programs, local bar associations, law schools and pro bono private lawyers provide free civil legal services to qualified Texas veterans through virtual clinics, social media presentations, online chat, and a new video series. Chief Justice Nathan Hecht and Justice Chari Kelly of the 3rd Court of Appeals authored an op-ed piece on legal aid for veterans that was published statewide. Exhibit 3 “Law”Teria Game Night In partnership with the Hispanic Issues Section of the State Bar of Texas, TAJF hosted the second annual “Law”Teria, a virtual fundraiser based on the popular Mexican Loteria game. The event took place via Zoom on Sept. 16 and included distinguished guests Texas Supreme Court Justices Brett Busby and Rebeca Huddle, Justice Veronica Rivas-Molloy, Justice Gina Benavides, Senator Judith Zaffirini, State Bar Board Chair Santos Vargas, and host State Bar President Sylvia Firth. Other judges and special guests helped contribute to a successful event bringing needed support to communities disproportionately impacted by COVID. The event resulted in $66,000 in grant awards disbursed to six TAJF legal aid providers throughout Texas. Exhibit 4 Texas Access to Justice Foundation Report, January – November 2021
Page - 9 -
Exhibit 1
The aftermath of sexual assault is painful and complicated to navigate. For the 6.3 million Texans who have experienced some form of sexual assault - 33.2 percent of women and men - the experience comes with complex emotional, psychological and sociological repercussions. Exacerbating those adverse effects are physical injuries, legal issues and economic impacts that can be a constant reminder of a survivor's trauma. Often, external pressures make it hard for a victim to come forward and report abuse. Only 9 percent of sexual assault survivors report their experience to law enforcement, and of the abusers who are reported, only 3 percent spend time in jail. Many factors play into the under-reporting of sexual assault crimes. Survivors of sexual assault may fear retaliation for reporting a perpetrator or may believe reporting the crime will be futile. In remaining silent, many survivors tell themselves no one will care enough to help them, and to cope with the trauma, they convince themselves the assault was tolerable.
By Eva Guzman
Further perpetuating the problem, some survivors may not know where to turn or how to report their assault. As a community, we must do more to support the survivors of this heinous and destructive crime, which affects people of all ages, genders and socio-economic strata. To ensure victims of sexual assault know they have somewhere to get help in the aftermath of their abuse, we must work to break down the barriers that prevent them from reporting their perpetrator. April is National Sexual Assault Awareness Month, and the Texas Access to Justice Foundation is sharing information about the availability of free legal help and other resources to help sexual assault survivors get back on steady ground through the Legal Aid for Survivors of Sexual Assault network. LASSA is a statewide, collaborative effort to ensure survivors have access to critical civil legal services from anywhere in Texas. While some sexual assault cases are tried by the state in a criminal court, other cases fall into the civil legal system. Civil cases arise when survivors pursue legal action directly against their perpetrators. Civil cases also involve some of the little-known collateral consequences of sexual assault including the necessity of addressing ongoing safety concerns. Sexual assault victims often need legal assistance for a host of civil legal issues such as obtaining protective and restraining orders; housing and employment issues; divorce and child custody/support issues; victim and public benefits; and assistance in seeking medical and psy-
chological aid. A statewide toll-free hotline -- 1-844-303-7233 (SAFE) -- assists those
Sydney Trezza, a counselor, plants "awareness" flags at Western Connecticut State University.
Carol Kaliff I Hearst Connecticut Media file photo
7t6
UP AGAIMST L ASSAULT
who wish to remain anonymous. Calls are answered by specially trained, trauma-informed attorneys who listen as survivors tell their story and, when necessary, work through a safety plan with the caller. Since the LASSA program's inception in October 2015, the network of legal aid providers has closed more than 17,600 new cases involving survivors of sexual assault and human trafficking. The LASSA network has created several partnerships with domestic violence shelters and rape crisis centers throughout the state. Special outreach efforts have also been made to colleges and universities, where sexual assaults and misconduct remain far too prevalent.
Guzman has served as a justice of the Supreme Court of Texas since 2009. She is the first Latina to be elected to the high court and to statewide office in Texas and serves as the Texas Supreme Court's liaison to the Texas Access to Justice Foundation.
With continued funding from the Texas Legislature, a community of legal advocates across the state will remain available to assist sexual assault survivors with the challenges that lie ahead. A victim of sexual assault has already experienced too much pain and trauma. Making their journey to healing as easy as possible and dismantling barriers to reporting are LASSA's top priority.
Support legal aid for sexual assault survivors
Houston Chronicle Harris County Houston, TX Circulation: 99295 Frequency: Daily April 15, 2021
Media Monitoring Network
LEGAL AID INTERAGENCY ROUNDTABLE
system. Legal services are crucial to the fair and effective administration of our laws
SEPTEMBER 2021
Page 1 of 53
May 18, 2021
and Reinvigorating the White House Legal Aid Interagency Roundtable
Memorandum on Restoring the Department of Justice’s Access-to-Justice Function
PRESIDENT JOSEPH R. BIDEN
* * *
into the future, consistent with our foundational ideal of equal justice under the law.”
approaches and best practices that provide meaningful access to justice today, and
strategic partnerships, the Federal Government can drive development of new
to Justice in the 21st century. Through funding, interagency collaboration, and
With these immense and urgent challenges comes the opportunity to strengthen Access
and people of color.
have touched the lives of many persons in this country, particularly low-income people
compounded the effects of other harms wrought by the pandemic. These problems
to offer remote-access or other safe alternatives. These access limitations have
been forced to curtail in-person operations, often without the resources or technology
exacerbated inequities in our justice system, as courts and legal service providers have
The coronavirus disease 2019 (COVID-19) pandemic has further exposed and
and public programs, and the stability of our society…
on the extent to which everyone in the United States has meaningful access to our legal
protections that our laws afford on equal footing. Whether we realize this ideal hinges
this country should be able to vindicate their rights and avail themselves of the
“This Nation was founded on the ideal of equal justice under the law. Everyone in
A ROUNDTABLE REPORT
Access to Justice in the Age of COVID-19
Exhibit 2
ROUNDTABLE MEMBERS:
number of agencies to unite in a government-wide approach to advancing these goals. We are honored to lead this effort as Co-Chairs of the re-invigorated Roundtable.
Domestic Policy Council (DPC)
Page 2 of 53
Social Security Administration (SSA)
Legal Services Corporation (LSC)
Federal Trade Commission (FTC)
Federal Communications Commission (FCC)
Consumer Financial Protection Bureau (CFPB)
Page 3 of 53
and more acute the life-changing events that people too often face without adequate legal
compounded existing equity gaps. It describes how the pandemic made more widespread
present you with the enclosed report. It discusses the manifold ways in which the pandemic
the COVID-19 pandemic on access to justice in the civil and criminal legal systems, we
In response to your directive that the Roundtable first examine the devastating impacts of
to ensure the effectiveness of Federal relief efforts. You called upon an unprecedented
U.S. Digital Service (USDS)
Office of the Vice President (OVP)
that is accessible to all and for innovative and collaborative approaches across government
National Science Foundation (NSF)
footing. This highlights our nation’s urgent need for a modernized justice delivery system
their rights and avail themselves of the protections and benefits our laws afford, on equal
that we must constantly strive to ensure that everyone in this country is able to vindicate
House Legal Aid Interagency Roundtable (Roundtable). The Memorandum recognizes
the Department of Justice’s Access-to-Justice Function and Reinvigorating the White
A critical part of this focus is the May 18, 2021 Presidential Memorandum on Restoring
into real impact.
Administrative Conference of the United States (ACUS)
U.S. Agency for International Development (USAID)
Office of Management and Budget (OMB)
Corporation for National and Community Service (CNCS)
Equal Employment Opportunity Commission (EEOC)
U.S. Environmental Protection Agency (EPA)
U.S. Department of Homeland Security (DHS)
U.S. Department of Veterans Affairs (VA)
and creative policy, and an unrelenting, government-wide focus on translating that policy
opportunity for all. As you have made clear since Day One, this requires both ambitious
U.S. Department of Education (ED)
Under your leadership, this Administration is committed to advancing equity and equal
U.S. Department of Transportation (DOT)
Dear Mr. President:
____________
LETTER FROM THE CO-CHAIRS
U.S. Department of Housing and Urban Development (HUD)
U.S. Department of Health and Human Services (HHS)
U.S. Department of Labor (DOL)
U.S. Department of Agriculture (USDA)
U.S. Department of the Interior (DOI)
U.S. Department of Justice (DOJ)
U.S. Department of Defense (DOD)
U.S. Department of the Treasury (Treasury)
U.S. Department of State (State)
3.
our agenda going forward.
ATTORNEY GENERAL
WHITE HOUSE COUNSEL
Page 4 of 53
Merrick B. Garland
Dana Remus
an honor to lead this initiative on your behalf and to submit this report to you.
you for prioritizing this work, and for setting this high bar for your Administration. It is
meaningfully address the justice gap and make Federal resources more accessible. Thank
The pandemic has provided a new sense of urgency and purpose for the Roundtable to
International Systems and Sustainable Development Goal 16.................................................................... 40
The Criminal Legal System ......................................................................................................................... 38
The Civil Legal System ............................................................................................................................... 23
Legal Representation in Emergency Situations ........................................................................................... 44 Ensuring Partnerships Are in Place Before an Emergency .......................................................................... 45
2. 3.
Page 5 of 53
B. STRATEGIES FOR CONTINUED ROUNDTABLE REVIEW ................................................................... 45
Equitable Expansion of Technology ............................................................................................................ 43
1.
A. CONTINUED WORK TO IDENTIFY SOLUTIONS ................................................................................... 43
IV. LOOKING AHEAD ............................................................................................................................................ 43
3.
2.
1.
B. EMERGING AREAS OF FOCUS ................................................................................................................... 23
Pioneering Strategic Collaboration & Partnerships ..................................................................................... 22
Expanding Access to Technology and Virtual Services .............................................................................. 18
2.
inflection point at which we take stock of the pandemic’s toll on access to justice and frame
meets the demands of the twenty-first century. This report thus serves as an important
Leveraging Federal Funding ........................................................................................................................ 16
A. INNOVATION STRATEGIES ........................................................................................................................ 16
III. INNOVATIONS .................................................................................................................................................. 16
II. THE PANDEMIC'S IMPACT ON AMERICAN JUSTICE ............................................................................ 13
I. FIRST PRINCIPLES OF THE ROUNDTABLE ..................................................................................................7
____________
TABLE OF CONTENTS
1.
Government can use to help build back an improved and crisis-resilient justice system that
unpredictable circumstances. These efforts are inspiring and hold lessons the Federal
launched initiatives in order to provide access to programs and the courts amidst
Agencies across the Federal Government marshalled funding, forged partnerships, and
agencies undertook to address urgent needs and to help our legal systems bounce back.
And yet, this report also captures multiple areas of promise, including the novel efforts
intended to help the country respond and recover.
system struggled to meet the public’s needs, which interfered with countless programs
it explores how, as courtrooms and non-profits were forced to curtail operations, our justice
help—like evictions, workplace discrimination, domestic violence, and incarceration. And
• The CFPB developed a Housing Portal to connect homeowners and renters struggling with housing insecurity with resources, including legal help. 43 The portal includes links and guidance for finding a local attorney.
“Thanks to ERAP funds creating the Texas Access to Justice Foundation’s new partnership with the Texas Department of Housing & Community Affairs and Texas’ legal aid programs, we launched the first ever statewide Texas Rent Relief and Texas Eviction Diversion Program to keep Texans housed. CFPB’s Rental Assistance Finder Tool is invaluable to our legal aid navigator and attorney outreach efforts to help eligible Texans know how to apply for rental assistance to pay their landlords, and how to obtain lawyers when problems escalate, and legal representation is needed.” ______ BETTY BALLI TORRES EXECUTIVE DIRECTOR, TEXAS ACCESS TO JUSTICE FOUNDATION
• HUD announced an Eviction Protection Grant Program to support legal aid providers assist tenants at risk of eviction. 44 Posted in July 2021, the purpose of the Eviction Protection Grant Program is to support experienced legal aid providers to offer legal assistance at no cost to low-income tenants at risk of or subject to eviction. HUD’s Office of Policy Development and Research is making $20 million in grant funds available for services in areas with high rates of evictions or prospective evictions, including rural areas. • HUD published data and analysis to encourage the use of eviction diversion programs. HUD’s research division provides housing research and market data used by a wide array of legal and housing advocates. HUD has produced articles describing tenant legal needs, articles describing the importance of local and U.S. Centers for Disease Control and Prevention (CDC) moratoria, and other reports used Page 26 of 53
Media Monitoring Network
Exhibit 3
dallasnews.com Dallas County Dallas, TX Circulation: 203,775 Frequency: Daily November 9, 2021
Veterans often need legal help to get critical services, and COVID made them more vulnerable dallasnews.com/opinion/commentary/2021/11/09/veterans-often-need-legal-help-to-get-critical-services-and-covidmade-them-more-vulnerable November 9, 2021
Opinion
A new grant package will help legal aid groups support veterans.
The Plano East Rotary Club observes Veterans Day by setting out hundreds of American flags for its Flags of Honor display. (Monica Maldonado)
With nearly 1.5 million veterans, Texas has the second-highest population of veterans in the country, including thousands who are facing hardship with their health, housing and stability. As justices and veterans ourselves, we share a special perspective and understanding of how civil legal aid can help remove obstacles facing those returning to civilian life after active duty and for those who served our country many decades ago. One may easily overlook myriad complications veterans face when they come home. Landlord-tenant disputes, child custody issues, Veterans Affairs benefits, and more are often waiting for them on the other side of serving our country. Various groups around the state
work on behalf of servicemen and servicewomen, but there is always more that can be done to protect their access to civil legal services when facing difficulties such as threats of eviction or difficulty accessing medical care. This legal aid is crucial for veterans as they transition back into civilian life, especially during a global pandemic. Texans continue to grapple with housing insecurity and other fallout from COVID-19, yet veterans returning from combat or active duty are facing these same challenges and more as they navigate their return to civilian life. ADVERTISING In August, the Texas Access to Justice Foundation, with the Texas Department of Housing and Community Affairs, announced a $20 million grant package for legal services for COVID-19-related housing issues. These funds will allow legal aid organizations throughout the state to provide free civil legal services to eligible households, including Texas veterans who are experiencing housing insecurity. We are grateful for this funding to help our neighbors and veterans suffering the effects of the ongoing pandemic. Even before the COVID-19 pandemic, nearly 5.2 million Texans, including a significant number of veterans, qualified for civil legal aid. This number has increased amid the devastating financial and economic repercussions, unemployment, and uncertainty caused by the pandemic. Veterans aren’t exempt from this. Veterans, already at risk of falling behind, are made even more vulnerable because of the coronavirus pandemic. In fact, four of the top 10 unmet needs of homeless veterans are a result of legal issues, according to the annual survey of homeless and formerly homeless veterans by the U.S. Department of Veterans Affairs. Legal aid programs, local bar associations, law schools and pro bono lawyers all provide civil legal aid for those who have served in the U.S. Armed Forces, but without adequate funding these groups struggle to meet demand. Legal issues impacting veterans, including credit problems, driver’s license restoration and denial of critical medical care, must be handled to keep Texas Veterans from slipping through the cracks. TAJF, created in 1984 to provide funding for civil legal aid in Texas, is committed to the vision that all Texans have equal access to justice, regardless of income. In 2020, in response to the coronavirus pandemic, legal aid providers pivoted from coordinating in-person veteran legal aid clinics to virtual clinics, along with a series of videos about benefits available for veterans. Last year, the foundation awarded more than $6 million in two-year grants to 13 Texas legal aid providers to provide civil legal services to low-income veterans, thanks to support from the Texas Legislature and generous donations from Texas lawyers and law firms. We are
grateful to the Legislature for acknowledging the high level of need and providing an additional $1 million in funding this year. Each year, the week of Veterans Day is designated as Texas Veterans Legal Aid Week. This year from Nov. 8-12, local bar associations, legal aid organizations and law schools across Texas are hosting free, virtual legal clinics to serve veterans with the support and civil legal guidance they need. To find a clinic in your area, visit texaslawhelp.org or call the statewide hotline at 1-800-622-2520. We implore you to join TAJF in prioritizing veterans’ access to critical civil legal resources. These legal aid services make a profound difference in the lives of veterans who qualify, and support for these services ensures that they aren’t left behind as the state works toward COVID-19 recovery for all. We are all responsible for making sure veterans are adequately being taken care of, as they have taken care of us. Nathan L. Hecht is chief justice of the Supreme Court of Texas and a U.S. Navy veteran. Chari L. Kelly is a justice of the 3rd Court of Appeals and is a U.S. Army veteran and former paratrooper. They wrote this column for The Dallas Morning News. Find the full opinion section here. Got an opinion about this issue? Send a letter to the editor and you just might get published.
Nathan L. Hecht
Chari L. Kelly
Copyright © 2021 The Dallas Morning News. All rights reserved.
Exhibit 4
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 At the beginning of the pandemic the Legal Access Division (LAD) joined approximately 35 legal aid and pro bono organizations to convene a statewide task force for disaster response. The task force divided into subcommittees focused on Communications, Legal Issues, Compilation of Resources, Pro Bono, and Requesting Supreme Court Emergency Orders. As the pandemic stretched on into 2021, the task force continued meeting to collaborate and coordinate the statewide response to COVID and the economic and social upheaval it caused. Participants also shared information and strategies for adjusting to remote and hybrid work and litigation in remote proceedings. Additionally, members of the task force volunteered to assist LAD with updating and editing the 2021 version of the Disaster Manual. Disaster Hotline The Legal Access Division staffs the State Bar’s Disaster Hotline, providing information and referrals to each caller based on the nature of their legal problem. In a typical year, the hotline gets significant traffic only for a period of months in the wake of a hurricane, flood, fire, or other disaster. With the pandemic, the hotline has been receiving calls daily since March 2020. Each member of LAD’s staff is responsible for at least two 3hour shifts to return hotline calls each week. The majority of the calls are about evictions. This year, we also experienced a spike in calls related to Winter Storm Uri, and, to a lesser extent, Hurricane Nicholas. Disaster Manual Each year, the Legal Access Division works with Sidley Austin, LLP and legal aid providers across the state to update the Disaster Manual for pro bono volunteers. The manual is used as a reference when handling issues that frequently arise during disasters—from giving quick advice and limited scope services to handling an entire case. The manual is reviewed annually and updated to reflect current law and relevant disaster information. For example, last year we added COVID-specific topics and COVID-related sections to existing chapters. This year we updated those new parts to reflect the rapid changes to law in areas such as housing and debt collection. The manual is available here: https://www.probonotexas.org/Disaster-Manual.
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All Things Pro Bono New Opportunity Volunteer Attorney Pro Bono Program The NOVA Pro Bono Program allows inactive and retired Texas attorneys as well as attorneys residing in Texas who are licensed in other states to continue practicing law solely for the purpose of providing pro bono legal services to low-income Texans on behalf of an approved legal aid organization. Expanding the pool of potential pro bono volunteers in this way has been especially helpful during the pandemic. Pro Bono Texas ProBonoTexas.org is the State Bar’s one-stop hub for all things pro bono. Since it launched in 2016, the Legal Access Division has continuously added new information and features. This year we upgraded the pro bono opportunity search by partnering with Paladin. The new platform allows legal aid providers to manage their profile and their pro bono opportunities themselves in real time without relying on us to do it for them, streamlining the process for them and for our staff. Lawyers looking for pro bono opportunities can also search by practice area, time commitment, case type (e.g., litigation v. transactional), and type of client (e.g., veterans). National Pro Bono Week Each year the State Bar joins bar associations and other organizations across the nation in celebrating pro bono during the last full week of October. In 2021, Pro Bono Week fell on October 24-30. We promoted it by featuring outstanding pro bono volunteers from across the state on social media and on the Texas Bar Blog. Additionally, we received Pro Bono Week proclamations from the Supreme Court of Texas and the Governor. Finally, LAD also encourages legal aid organizations across the state to plan events to celebrate pro bono volunteers in their area and to register their events on the national Celebrate Pro Bono site. This year there were 36 events registered in Texas. State Bar of Texas Pro Bono Workgroup The mission of the State Bar’s Pro Bono Workgroup is to enhance the culture of pro bono in Texas. Chaired by former State Bar Presidents Terry Tottenham and Roland Johnson, it has subcommittees dedicated to Corporate Counsel, the Judiciary, Local Bars, Rules & Policy, and developing a Pro Bono Toolkit.
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This year the Judiciary subcommittee was especially active. It published articles in the Texas Center for the Judiciary’s In Chambers magazine and the Texas Bar Journal. With support from the Legal Access Division, the subcommittee also produced a CLE for judges during Pro Bono Week called “Can We Really Do That? The Ethics of Judicial Involvement in Pro Bono.” Approximately 93 people viewed it live and it was also recorded for later viewing.
Language Access Fund Created in 2013, the Language Access Fund provides language assistance services such as interpretation and document translation for legal aid providers and pro bono attorneys whose clients have limited English proficiency or are deaf or hard of hearing. This year, the fund assisted clients speaking 70 languages and provided interpreting services for 12,661 phone calls, translation services for 52 documents, and reimbursements for 47 onsite interpreters.
Legal Aid Task Forces The LAD staffs several task forces in the areas of Education and Juvenile Justice Law, Employment Law, Family Law, Housing & Consumer Law, Immigration Law, and Public Benefits & Health Law. The task forces allow legal aid practitioners to network with and learn from others in their respective practice areas while staying up to date on changes in the law. Most meetings qualify for MCLE accreditation. Legal Research Network The Legal Research Network program is a partnership between the State Bar and qualifying legal aid and pro bono organizations to provide them with a legal research tool that puts legal aid entities on level footing with their opposing counsel, especially in large litigation cases. The program has been in place for at least 17 years and costs have decreased over time. The current contract is with Westlaw, which provides licenses to Westlaw and Westlaw’s Form Builder 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. Created in 1996, the program has been a major benefit to State Bar members who wish to provide pro bono services to lowincome Texans but are reluctant to handle poverty law cases because they often fall outside their practice area. Under the program, the State Bar provides baseline professional liability coverage to eligible organizations. In 2021, 63 legal aid and pro bono organizations were covered under the program, providing malpractice insurance to 970 legal aid attorneys and 6,229 pro bono attorneys handling pro bono cases through a qualified legal aid provider.
Poverty Law Conference and Pro Bono Coordinators Retreat While the Legal Access Division wasn’t able to host the 2021 Pro Bono Coordinators Retreat (PBCR) in person again this year due to COVID, the staff is incredibly thankful that the PBCR speakers were able to pivot on short notice and offer their sessions virtually.
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The annual PBCR is designed for pro bono coordinators from legal aid offices, law firms, law schools, and corporate law departments. It offers substantive sessions intended to increase the quantity and quality of civil legal aid available to the low-income Texans through pro bono efforts. Eighty people registered for the 2021 PBCR. The 1-½ day training, offered via Zoom on August 31 and September 1, included six interactive sessions as well as a retreat kickoff and welcome from State Bar President Sylvia Borunda Firth. See Exhibit 1 for the PBCR agenda. COVID also impacted the 2021 Poverty Law Conference, which was initially scheduled to be held in person, in Austin, September 1-3. The annual, three-day PLC includes a multi-track, substantive curriculum on poverty law issues with a specific public interest focus. The live, annual PLC offers more than 60 sessions. Some of the most knowledgeable poverty law practitioners and private attorneys in their respective fields are selected as presenters for the PLC. Conference participants generally include legal aid, government, military, and pro bono attorneys and fellow legal advocates. This year, nearly 400 people registered. With a huge debt of gratitude to the PLC speakers, their contributions of time, talent, and expertise made it possible to offer 55 recorded sessions that spanned 11 practice areas. The recorded content will be available to conference registrants through August 2022. See Exhibit 2 for the PLC Recorded Session listing.
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. 2021 Pro Bono Excellence Awards Pro Bono Award This award honors a volunteer attorney organization that has made an outstanding contribution toward guaranteeing access to the legal system by the poor. Lone Star Legal Aid (Houston) Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm founded in 2002. It is the fourth largest free legal aid provider in the United States and has approximately 380 employees. It serves approximately 60,000 square miles, one-third of the state, including 72 counties in the eastern and Gulf Coast regions of Texas, and four Arkansas counties. LSLA is led by Paul Furrh, Jr. and funded by Legal Service Corporation, Texas Access to Justice Foundation, Greater Houston Community Foundation, Texas Veterans Commission, American Red Cross, and other contributors. Collectively, 272 volunteer attorneys and approximately 50 non-attorney volunteers donated 1,981 hours of volunteer services through the program. As a result of COVID-19, the pro bono program adjusted its programming. Of particular note, LSLA launched its law school partnership program with Baylor Law School and St. Mary’s University School of Law. The program partners law students with practicing alumni. Page 4
Frank J. Scurlock Award This 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. Lynn Rodriguez (Fort Worth) Lynn represents low-income and no-income military veterans and guides students in doing this work. Lynn teaches students substantive law and skills at the Family and Veterans Advocacy Clinic of the Texas A&M University School of Law. Lynn makes regular visits to the Veterans Affairs Resource Center in Fort Worth, where she gives legal advice to homeless and near-homeless veterans, and she conducts intake for those who need further help from the law school clinic. She also collaborates with allied agencies to organize and conduct community education sessions on legal issues. In the evening, Lynn is often on the telephone. She may be answering questions as a volunteer with LegalLine, a twice-monthly Tarrant County Bar Association (TCBA) hotline for legal questions or advising another attorney on a veteran’s legal issue. She has been recognized by TCBA for her work in mentoring others and in staffing LegalLine. Lynn also contributes time to the organizations she helps to lead. She is president of the Veterans Coalition of Tarrant County and serves on the boards of the Tarrant County Chapter of Texas Lawyers for Texas Veterans and Tarrant County LegalLine. Lynn actively works pro bono for both the Tarrant County Bar Association and the State Bar of Texas. She has been awarded the Eagle Service Award by Texas Lawyers for Texas Veterans (TLTV), a State Bar initiative. 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. Shanna Mello (Weatherford) Shanna is a paralegal at Eggleston King, LLP. She donates her time coordinating and leading a free teen court program in Parker County, which encompasses a population of over 125,000 and multiple Justice of the Peace and Municipal Courts. This free alternative program allows teenagers to dispose of their class C misdemeanors through serving jury duty within the teen court program and completing community service hours, thus giving back to the community. The program also offers opportunities for students who are seeking community service hours for organizations such as National Honor Society to serve as prosecuting and defense attorneys, bailiffs, or jurors. Teens are exposed to the judicial system in a safe, caring environment. Shanna speaks to organizations such as Rotary and Chamber of Commerce monthly regarding the benefits of teen court. She coordinates local attorneys to mentor the volunteers and preside as Page 5
judges, follows up with community service performance and drafts all paperwork for filing with the referring court for disposition. Shanna has been donating her time to Parker County Teen Court for 10 years. During that time, she has also been actively involved in the State Bar of Texas Paralegal Division by serving on the board and leading several significant committees. 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. Lena Engelage (Conroe) Lena Engelage is a new pro bono litigation coordinator who has helped to re-energize the Pro Bono Team at Lone Star Legal Aid (LSLA) – Conroe Office. As COVID-19 threatened to halt services to the most vulnerable members of the community, Lena tirelessly pursued innovative ways to serve clients when in-person contact was no longer possible. Lena worked to establish remote legal clinics, which provided an avenue for clients to receive service throughout LSLA’s service area, which includes over 72 counties, while providing volunteers the opportunity to serve in a convenient and safe way. Remote legal clinics allowed pro bono coordinators the flexibility to recruit volunteers from all over the state because location was no longer an obstacle. Lena worked to establish new partnerships, including partnerships with law schools. Lena works to coordinate volunteer opportunities with the pro bono coordinators at the Woodlands Bar Association and the Montgomery County Bar Association. Lena also partnered with private attorneys for online presentations, which allowed the information to be disseminated more broadly and gave local attorneys the opportunity to showcase their knowledge. In her short time at LSLA, Lena has founded and/or helped to coordinate the Advanced Planning Project, the Divorce Pro Se Project, the Pro Bono Team Monthly Facebook Live Project, and the Remote Legal Clinic (formerly, the in-person MCLAC clinic). In 2021, Lena planned to continue these projects while implementing new guardianship clinics and an eviction project. These projects have been especially beneficial in the rural communities LSLA serves, where resources including volunteers are often nonexistent. The projects have also increased cost-effective service opportunities and delivery methods. J. Chrys Dougherty Legal Services Award This award recognizes an outstanding legal services staff attorney. The award is named for J. Chrys Dougherty, a private attorney and bar leader, and includes a $1,500 stipend from the Texas Bar Foundation and a contribution from Graves Dougherty Hearon & Moody. Page 6
Dana Karni (Houston) Dana created the Eviction Right to Counsel program in July 2020 and currently manages this program within Lone Star Legal Aid. The program focuses on eviction mitigation and prevention across the Houston area. Through the program, Dana has provided counsel to thousands of individuals across Harris County. W. Frank Newton Award This award recognizes the pro bono efforts of attorney groups whose members have made an outstanding contribution toward increasing access to legal services for the poor. The award is named for W. Frank Newton, former dean of Texas Tech University School of Law and longtime pro bono advocate. SMU Dedman School of Law; COVID-19 Legal Helpline (Dallas) In early May 2020, the COVID-19 Legal Helpline project coordinator, Professor Mary Spector, solicited assistance from outside agencies and helped to write grant applications for funding the project. Working with the director of public service and the assistant dean of students, she selected the students to participate in the program, trained 45 law students, assigned shifts, and conducted some troubleshooting along the way. Working with the director of public service, she coordinated referrals to and from outside organizations. She directed two civil/consumer clinic staff attorneys who served as supervisors to the students. Twelve law students volunteered their time for this project and earned public service credits toward their 30-credit graduation requirement. Eighty volunteer attorneys participated in this project. Operating remotely through a dedicated free legal helpline, law students conducted intake interviews of callers seeking legal assistance related to the COVID-19 pandemic such as housing, immigration, and consumer protection. Students then consulted with a supervising attorney (SMU law faculty) to determine the appropriate advice to provide. Callers with problems best handled by licensed attorneys were referred to private law firms or agencies providing pro bono assistance. The Helpline also served as a resource for small businesses seeking information about loan and grant programs, insurance, commercial leases, and other general business matters. The project has now been incorporated into the law school’s clinical academic program, which encompasses 10 specialized clinics and projects. The Helpline has received over 2,000 calls and 500 individuals have been served since June 2020. Approximately 2,200 hours were donated for this project. During spring and summer of 2020, the program director served as a member of an informal task force advising the Texas Supreme Court on three emergency orders (the Tenth, Fourteenth, and Sixteenth Emergency Orders) to protect litigants during the period of court closings, job loss, and uncertainty. Judge Merrill Hartman Pro Bono Judge Award This 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 Page 7
a volunteer judge for pro bono clinics or other pro bono proceedings. The award is named after the late Judge Merrill Hartman of Dallas, a tireless advocate for low-income communities’ access to justice. Justice Gina Benavides (Corpus Christi) Justice Gina M. Benavides was first elected to the Thirteenth Court of Appeals in 2006 and took office in January 2007. She was re-elected in 2012 and 2018. She is currently the senior justice on the court. During her tenure as an appellate judge, Justice Benavides has authored more than 1,500 opinions on issues involving civil and criminal matters. In 2017, Justice Benavides was appointed as a board member of the Texas Legal Services Center, a nonprofit that provides free attorney representation, legal advice, and information to low-income Texans. Justice Benavides’ leadership has been invaluable to Texas Legal Services Center—most especially, during this difficult year of new challenges to navigate with a deadly pandemic and devastating economic downturn that created even greater hurdles for already vulnerable clients. In 2010, the Texas Supreme Court appointed Justice Benavides to the Texas Access for Justice Commission and re-appointed her in 2012. The Supreme Court created the Commission in 2001 to develop and implement initiatives to expand access to and enhance the quality of justice in civil matters for low-income citizens. Although Justice Benavides’ term has ended, she continues to serve as a member of the Commission’s Legislative Committee. In February 2012, then-State Bar of Texas President Bob Black appointed Justice Benavides to the Solutions 2012 task force to deal with decreasing funding for legal access, increasing pro se litigants, and the effect it has on our legal system. Justice Benavides also serves in an active role in the Hispanic Issues Section of the State Bar of Texas. In 2018, she was elected chair of the section. In 2014, the Hispanic Issues Section named her “Judge of the Year” at the section’s annual meeting. When Justice Benavides learned that the economic downturn and crashing interest rates would impact IOLTA dollars needed by legal aid, she worked tirelessly with the Hispanic Issues Section to create the Lawteria fundraiser. This event successfully raised over $40,000 to provide legal help to some of the most vulnerable Texans impacted by COVID-19. Legal Services to the Poor in Criminal Matters Committee Created in 1994, the Legal Services to the Poor in Criminal Matters Committee is a standing committee of the State Bar’s Board of Directors. It collects data and develops recommendations to improve the quality of the representation available to indigent Texans in criminal matters. This year the committee worked on planning a 20th anniversary event to commemorate the passage of Texas’ Fair Defense Act; developing a guide to best practices for prosecutors in cases involving indigent defendants; and revising the Performance Guidelines for Non-Capital Criminal Defense Representation. The committee also selected the winners of the Indigent Defense Awards.
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2021 Indigent Defense Awards Warren Burnett Award Named for the late legendary Texas attorney Warren Burnett, the award recognizes an individual or organization for extraordinary contributions to improving the quality of criminal legal representation to indigent Texans. 2021 Recipients: Mark Stevens (San Antonio, Texas) Mark Stevens is an esteemed leader of the Texas criminal defense community. For more than 20 years, he has dedicated his professional life to providing extraordinary legal services to indigent Texans in court and using his wisdom to educate seasoned colleagues and new attorneys. Fellow attorneys and judges know him for tirelessly working to represent his clients with honesty and integrity at trial and on appeal. Mark is also well known for his impressive briefs and stellar oral arguments, including improving indigent defendants’ representation by arguing many cases that have significantly contributed to a body of foundational criminal jurisprudence. For example, one of the most important Texas state court cases for indigent defendants, De Freece v. State, 848 S.W.2d 150, 155 (Tex. Crim. App.1993), was litigated by Mark Stevens. De Freece heralded indigent Texans’ due process right to court-appointed experts to assist defense counsel, giving defense counsel the tools necessary to present a defense effectively. To this day, this case is heavily relied upon by all who defend indigent Texans. For these reasons, Mark is often the first choice for appointment in the most complex or highprofile cases. Outside of fervently defending his clients, some of his other professional contributions to the criminal defense community include speaking and providing written resources for over 100 CLEs; mentoring fellow attorneys; and providing a free, updated library of papers, presentations, and motions on his website. Additionally, Mark was instrumental in starting an indigent criminal defense clinic at his alma mater, St. Mary’s University School of Law. Several years ago, Mark’s mentorship was formally recognized when the United States Supreme Court inducted him to serve as “learned counsel” throughout the nation for federal death penalty cases. Not only is he an excellent defender of indigent Texans, but his legacy includes a legion of excellent court-appointed counsel and public defenders throughout the state who have been personally trained and mentored by him. Michael K. Moore Award for Excellence in Research or Writing in the Area of Indigent Criminal Defense The award is presented to an individual 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. 2021 Recipient: Claire Buetow (Austin, Texas) Claire Buetow is the author of Public Defender Primer, published by the Texas Indigent Defense Commission (TIDC). Like many reports that have come before it, the Primer describes the advantages of public defender programs and the research showing that public defenders achieve better outcomes while Page 9
reducing costs. However, two things set the Primer apart from similar works: first, it highlights individual attorneys and public defender offices in Texas; and second, it provides a blueprint for setting up a public defender office in your community. These two aspects make the Primer informative while also inspirational and incredibly practical. Too often, public defenders go without recognition for the essential role they play in the criminal justice system and in their local communities. Recognizing the hard-working attorneys and staff in Texas public defender offices highlights the value these individuals and offices bring to their communities, thus encouraging more leaders to consider a public defender office. Meanwhile, the practical guide to creating a public defense program shows that it is an achievable goal. Communities across Texas are already using the Primer to improve their public defense systems.
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