Austin Lawyer, December 2020/January 2021 by Austin Bar Association

austinbar.org DEC. 2020/JAN. 2021 | VOLUME 29, NUMBER 10

Join Us on Jan. 28, 2021 for the Austin Bar Foundation Virtual Gala

he 18th Annual Austin Bar Foundation Gala will be held virtually on Thurs., Jan. 28, 2021 from 6–8 p.m. The theme of the gala is “Around the World,” celebrating our diversity and illustrating the idea that, despite our differences, we are all connected and all part of the human race. The event is being chaired by Amanda Arriaga, Elliott Beck, and Mary Ellen King. Rest assured that this virtual gala will be a far cry from an ordinary Zoom meeting! Guests are encouraged to stay home—or gather in small groups if they feel safe doing so—to enjoy the event. A Spotify playlist of world music will be provided, and everyone is encouraged (but certainly not required) to wear clothing that reflects his or her ethnic heritage. Guests will be able to purchase a basic ticket for $50, providing access to the live stream link on a specially designed platform. Guests will also be able to upgrade to the Party Box for $100 to include extra festive touches, such as flowers, champagne flutes, and more. Finally, for $150, guest will get a Party Box plus a signature cocktail kit from local business HipStirs, which has designed a delicious beverage specifically for the gala. In keeping with our theme

Betty Blackwell

Bill Jones

and the Austin Bar’s emphasis on equity, we are partnering with local restaurants to provide diverse meal options. Restaurants offering discounts and delivery for Austin Bar Gala guests will include Beyond Boards ATX, Buenos Aires Café, Hecho en Mexico, Juliet Italian Kitchen, Phantasma Kitchen, Lechuza Tacos, and The Garden at Ellera. Purchasing a meal from these restaurants is optional, but we hope to support our local restaurant community by bringing them busi-

Judge Tim Sulak

Adam Loewy

ness during this difficult time. A virtual photo booth will be available, and the evening's live-streamed program will honor our esteemed award winners. In addition, an interactive auction. An interactive auction—complete with an auctioneer to lead the bidding—will feature items such as vacations in Winter Park, CO; skiing in Jackson Hole, WY; a Charleston culinary experience with historic carriage tour; and a Camp Blanco weekend getaway. Ticket holders will have the opportunity to purchase jewelry in advance at a discount from Laura Elizabeth Jewelry. Wear your jewelry during the Gala and tag @LauraElizabeth on Instagram to be entered into a drawing to win a suite of Laura Elizabeth jewelry.

Amanda G. Taylor

Judge Aurora Martinez Jones

Please don’t delay—visit austinbar.murad.com today to purchase tickets or become a sponsor. More details about the event, including a preview of the auction items and a link to purchase jewelry, can also be found at austinbar.murad.com. Proceeds from the Gala benefit the Austin Bar Foundation. The Foundation supports programs of the Austin Bar such as the Veterans Assistance Programs, the Self-Represented Litigant Project, Austin Adoption Day, and the CANLAW Clinic. In addition, the Foundation offers the Justice Mack Kidd Fund to confidentially assist attorneys suffering from depression or related mental illness get the help and support they need. This year's Fund-a-Need continued on page 8

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CONTENTS

AUSTINLAWYER DEC. 2020/JAN. 2021 | VOLUME 29, NUMBER 10 AL A L INSIDE FEATURED ARTICLES

DEPARTMENTS

CONNECTIONS

ONLINE austinbar.org

Join Us on Jan. 28, 2021 for the Austin Bar Foundation Virtual Gala

14 Equity Committee Spotlight

13 Thirty-One Children Found “Forever Families” at

16 Opening Statement

19th Annual Austin Adoption Day

17 Third Court of Appeals

15 Austin Bar’s Equity Committee Plans Next Multi-

Media Event

Retiring Judges Provide Access to Justice for Low-Income Texans

20 Entre Nous 25 Practice Pointers

Texas Access to Justice Foundation Awards Coronavirus Relief Fund Grant to Texas Advocacy Project

MAIL Nancy Gray, managing editor Austin Bar Association 816 Congress Ave., Ste. 700 Austin, TX 78701-2665 SOCIAL LIKE facebook.com/austinbar

WATCH vimeo.com/austinbar STREAM @AustinBarAssociation

austinbar.org

NEWS & ANNOUNCEMENTS

EMAIL nancy@austinbar.org

FOLLOW twitter.com/theaustinbar

22 AYLA

Donation Drive for PALS

ONLINE

Criminal Update

19 Federal Civil Court Update

26 Austin Bar’s Animal Law Section Sponsors Holiday

Civil Update

18 Third Court of Appeals

21 Officeholder Funds Support a Legacy of Funding

10 Briefs 12 Be Well

11 The Downstream Effects of Texas v. New Mexico

President's Column

UPCOMING EVENTS DEC 24, Austin Bar Office Closed 25, JAN 1 for Holidays JAN 14

Cooking with the Judiciary with Judges Todd Wong & Karin Crump 6 -7 p.m. RSVP at austinbar.org

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AUSTIN BAR EQUITY COMMITTEE MEDIA RECOMMENDATIONS The following are recommended resources to help broaden our perspectives on issues of race and equity in our society. More recommendations can be found at austinbar.org/anti-racist-resources.

BOOKS

A Most Beautiful Thing by Arshay Cooper Between the World and Me by Ta-Nehisi Coates Caste: The Origins of Our Discontents by Isabel Wilkerson

PODCASTS

Pod Save the People: A news and politics podcast that focuses on race and society Still Processing: A New York Times podcast focused on race and intersectionality issues in pop culture

AUSTINLAWYER OFFICIAL PUBLICATION OF THE AL ALASSOCIATION AUSTIN BAR AUSTIN BAR ASSOCIATION

Kennon Wooten �� President David Courreges �� President-Elect Amanda Arriaga �� Secretary Justice Chari Kelly �� Treasurer D. Todd Smith �� Immediate Past President

AUSTIN YOUNG LAWYERS ASSOCIATION

David King �� President Rachael Jones �� President-Elect Blair Leake �� Treasurer Sarah Harp �� Secretary Sandy Bayne �� Immediate Past President

Austin Lawyer

MOVIES/DOCUMENTARIES

I Am Not Your Negro, directed by Raoul Peck Bias, directed by Robin Hauser

EXECUTIVE OFFICES

712 W. 16th Street Austin, TX 78701 Email: austinbar@austinbar.org Website: austinbar.org Ph: 512.472.0279 | Fax: 512.473.2720 DeLaine Ward....................... Executive Director Nancy Gray............................ Managing Editor Debbie Kelly.......................... Director of AYLA Jennifer Hopgood................. Co-Editor Rachael Jones........................ Co-Editor

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Austin Lawyer (ISSN #10710353) is published monthly, except for July/August and December/January, at the annual rate of $10 membership dues by the Austin Bar Association and the Austin Young Lawyers Association, 712 W. 16th Street, Austin, TX 78701. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to Austin Lawyer, 712 W. 16th Street, Austin, TX 78701. Austin Lawyer is an award-winning newsletter published 10 times a year for members of the Austin Bar Association. Its focus is on Austin Bar activities, policies, and decisions of the Austin Bar Board of Directors; legislation affecting Austin attorneys; and other issues impacting lawyers and the legal professionals. It also includes information on decisions from the U.S. Western District of Texas Federal Court and the Texas Third Court of Appeals, CLE opportunities, members’ and committees’ accomplishments, and various community and association activities. The views, opinions, and content expressed in this publication are those of the author(s) or advertiser(s) and do not necessarily reflect the views or opinions of the Austin Bar Association membership, Austin Bar Association Board of Directors, or Austin Bar Association staff. As a matter of policy, the Austin Bar Association does not endorse any products, services, or programs, and any advertisement in this publication should not be construed as such an endorsement. Contributions to Austin Lawyer are welcome, but the right is reserved to select and edit materials to be published. Please send all correspondence to the address listed below. For editorial guidelines, visit austinbar.org in the “About Us” tab.

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PRESIDENT'S COLUMN KENNON WOOTEN, SCOTT DOUGLASS & McCONNICO

A Referendum Awaits Us—Let’s Get Informed and Cast Our Votes

exas lawyers have many privileges, including the privilege to participate in referendums on proposed amendments to the Texas Disciplinary Rules of Professional Conduct and Texas Rules of Disciplinary Procedure. Between Feb. 2, 2021 and March 4, 2021, the State Bar of Texas will conduct such a referendum, using both written ballots and electronic ballots for its members. By way of background, the proposed amendments were developed pursuant to a process required by the State Bar Act. The Committee on Disciplinary Rules and Referenda (CDRR)—comprised of members appointed by the State Bar of Texas president and the Supreme Court of Texas (“Court”) —initiated the process by drafting proposed amendments, which were published in the

Texas Bar Journal and Texas Register. Public comments were accepted for at least 30 days on each of the proposed rules, and at least one public hearing was conducted on each of the proposed rules. Then, the proposed rules were submitted to the State Bar board of directors, which petitioned the Court to submit the proposed rules to State Bar members for a referendum in 2021. The 2021 referendum will include proposed amendments pertaining to a broad range of topics, including clients with diminished capacity, the disclosure of confidential information, conflicts of interest exceptions for nonprofit and limited pro bono legal services, lawyer advertising and solicitation, reporting professional misconduct, reciprocal discipline, the assignment of judges to hear complaints, and the voluntary appointment of a custodian attorney for the cessation of practice. We have a lot to process with these proposals, but time is on our side. Let’s use the time we have to learn, listen, and engage in dialogue as needed so we can cast informed votes in 2021.

As members of the State Bar, we are unique among professionals in Texas, in part because our system of selfgovernance gives us the right to vote on the rules that regulate our conduct. All of the proposed amendments are set forth in an administrative order (Misc. Docket No. 20-9144), which is printed in the November 2020 issue of the Texas Bar Journal and posted on the Court’s website (www. txcourts.gov/supreme/administrative-orders/). For additional information—including a summary of the amendments, a schedule of public forums, a sample ballot, and background information—go to texasbar.com/rulesvote. The Austin Bar Association also has a working webpage of referendum resources, including a link to the administrative order, a link to a PowerPoint presentation and article prepared by Claude Ducloux (a CDRR member), and links to the State Bar resources mentioned above. If you want to submit articles or other materials

for inclusion on the Austin Bar’s webpage, please send them to nancy@austinbar.org. As a former rules attorney for the Court, I have observed firsthand how much time, money, and hard work goes into a referendum on proposed amendments to disciplinary rules. As lawyers who are simply tasked with voting on such proposals, our job is relatively easy. But it is also important. As members of the State Bar, we are unique among professionals in Texas, in part because our system of self-governance gives us the right to vote on the rules that regulate our conduct. For this system to work as intended, we must engage, get informed about the proposals at issue in the 2021 referendum, and exercise our right to vote. We have a voice.LAWYER Let’s use AUSTIN it, and let’s do so withAcare. L AL

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AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

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Join Us on Jan. 28, 2021 for the Austin Bar Foundation Virtual Gala continued from cover

auction will directly benefit the Austin Bar Foundation's grant program. Since its inception in 2012, approximately $20,000 has been given annually, with almost $168,600 being awarded to date, to area legal-related programs. Through the grant program, the Foundation furthers its mission to improve public awareness of the legal system, the administration of justice, and the delivery of legal service. Past recipients include CASA of Travis County, American Gateways, Volunteer Legal Services, Texas Accountants and Lawyers for the Arts, Austin Community Law Center, Austin Classical Guitar’s juvenile justice program, Texas Fair Defense Fund, Texas Rio Grande Legal Services, and many others. The highlight of the event will be the recognition of several special award winners. The awards are given to Austin lawyers and judges who have excelled in their professions and service to their communities. The Foundation is pleased to announce this year’s award recipients. DISTINGUISHED LAWYER AWARD The Distinguished Lawyer Award recognizes the dedication and hard work of attorneys who have practiced law for 30 years or more and have significantly contributed to the legal profession and the greater community.

Betty Blackwell Betty Blackwell is a native Austinite, graduating from Westlake High School in 1974 as the salutatorian, then attending Texas A&M University where she graduated summa cum laude after only three years. In 1980, she graduated from the University of Texas School of Law with honors. She went into private practice handling exclusively criminal defense cases. She is board certified in criminal law and co-wrote the three-volume treatise Texas Criminal Forms and Trial Manual for Thomson Reuters. Among her 8

many professional activities, she has been the chair of the board of directors of the Capital Area Private Defender Service since 2014. She is the past-president of the Texas Criminal Defense Lawyers Association and the past-chair of the Commission for Lawyer Discipline. In 2017, she was inducted into the Texas Criminal Defense Lawyers Association Hall of Fame.

Bill Jones Bill Jones owns The Jones Firm, a public law and government relations firm in Austin, and is co-managing partner in a start-up company, AFCI Texas. He practiced law in Houston for 15 years in a litigation practice including trial and appellate work in state and federal courts of all levels involving complex business litigation. Jones served as General Counsel to the Office of the Governor of the State of Texas for Governor Rick Perry before serving as a partner with the Austin office of Locke Liddell & Sapp, practicing in government relations and commercial litigation. Jones then served as a partner with the Austin office of Vinson & Elkins, practicing in public law. He is chairman emeritus of the Texas A&M University System Board of Regents, where he served as a regent for eight years. He also served for eight years as a governor-appointed commissioner on the Texas Parks & Wildlife Commission. He currently serves as secretary of the Texas Association of Business, which is an advocacy group dedicated to promoting the interest of business in Texas. Jones earned his JD from Baylor Law School in 1985, and his B.S. from Texas A&M University in 1981. He has served on the Texas A&M University Former Students Association board and the Baylor Law School Alumni board. Jones served as Texas Young Lawyers Association president and served on the Texas State Bar executive board. He also served on the Federal

AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

Judicial Selection Committee, an appointment by Senators John Cornyn and Ted Cruz for the purpose of selecting federal district judges and United States Attorneys in Texas.

Judge Tim Sulak Although there were no lawyers in his family, and only two in his boyhood hometown of West, TX, Tim Sulak set his sights on a legal career even before graduating from high school. After more than 30 years of practice as a trial lawyer, he was elected judge of the 353rd Travis County District Court in 2010. His colleagues later elected him to serve as the Local Administrative Judge for Travis County in 2019. Among leadership positions held by Judge Sulak, he served as chair of the Texas Bar Foundation Trustees and state co-chair of the American Bar Foundation, vice-chair of the Texas Commission for Lawyer Discipline, executive committee member of the State Bar of Texas and of the Texas Trial Lawyers Association, president of the Robert W. Calvert Inn of Court, and president of the Travis County (now Austin) Bar Association. He also served on the City of Austin Ethics Review Commission. He is a recipient of the Professionalism Award from the Texas Center for Legal Ethics & Professionalism. DAVID H. WALTER COMMUNITY EXCELLENCE AWARD The David H. Walter Community Excellence Award is presented to an attorney or judge who has made a significant impact in the community and, at the same time, raised the profile of the legal profession.

Adam Loewy Adam Loewy is the owner of the Loewy Law Firm. He started his firm after graduating from the University of Texas School of Law. He helps people who have been injured in motor vehicle crashes, slip and falls, dog bites, burns, and other assorted ways.

He is actively involved in all of his cases and is always available to talk or text with clients. He has been named a Texas Super Lawyer in every year of eligibility (2017-2020). Loewy and his wife Phil are philanthropists and invest heavily in Austin charities and nonprofits. Some of their major projects include the Loewy Family Playground in Northwest Hills, the Loewy Family Commons at the Austin Center for Grief & Loss, and the Loewy Law Garden at the Central Texas Food Bank. The Loewys were especially proud to be part of the capital campaign for the Austin Bar’s Hilgers House. They have two young boys, Clayton and Lochlan, and live in Northwest Hills. LARRY F. YORK MENTORING AWARD The Larry F. York Mentoring Award is given to a local lawyer or judge who has demonstrated exceptional skill and generosity in mentoring younger members of the bar. Nominees must have practiced at least 10 years and have served as role models and counselors to other lawyers, distinguishing themselves as leaders of their profession while fully embracing life’s experiences.

Amanda G. Taylor Amanda G. Taylor is a board certified civil appellate lawyer who serves as the practice group leader of Butler Snow’s appellate practice group. She began her career as a law clerk and staff attorney at the Third Court of Appeals. Since moving to private practice in 2007, Taylor has built a successful practice that allows her to dive into a wide variety of complex legal issues in trial and appellate courts across the state and beyond. In the area of civil appeals, she has been recognized by Best Lawyers in America (2021), Texas Super Lawyers (2014-20), and Austin Monthly (2019-20). She won the Litigation/Appellate Attorney award from the Travis County Women

Lawyers Association in 2019. Taylor served on the Austin Bar board of directors from 201518, and served on the Civil Appellate Section’s governing council from 2014-20, including as its chair from 2018-19. She has volunteered her time to the Austin Bar in the Mentorship Program, the Gala committee, the Lawyer Well-Being committee, and the Holiday Baskets project. In the Travis County Women Lawyers Association, she served as president from 2010-11, has routinely volunteered as an annual mentor, and has participated in both the Color of Justice and Women’s Resource Fair programs. On behalf of the State Bar of Texas, she is a frequent author and speaker at statewide CLE conferences and serves as a member of the District 9 Grievance Committee Panel. Taylor is a fellow of the Austin Bar Foundation, TCWLF, and the State Bar. She has also been active in the Baylor Law Alumni Association, and has mentored Baylor Law students.

JOSEPH C. PARKER, JR. DIVERSITY AWARD This award honors a firm or an individual who has led the way in bringing diversity to Austin’s legal community and who exemplifies Rev. Joseph C. Parker, Jr.’s commitment to championing the equal, ethical, and fair treatment of all people, while raising awareness of the need to diversify our legal community.

Judge Aurora Martinez Jones Aurora Martinez Jones was appointed in 2015 as the first Associate Judge to be dedicated to the child welfare dockets for the Travis County Civil District Courts. She will become the elected district judge of the 126th Travis County District Court in January 2021. She is board certified in child welfare law and is a child welfare law specialist, certified by the National Association of Counsel for Children. Judge Martinez Jones is committed to progressive approaches for supporting the children and families who appear before her and also aims to use

all the professional organizations her court as a teaching ground for she has served has always includlegal professionals and up-anded a focus on supporting young coming lawyers. She regularly lawyers, creating pipelines, and speaks at conferences, hosts free providing progressive approaches CLEs, and actively mentors stuto improving the practice of law dents while also providing judicial while keeping sight of ethical internships at both the pre-law responsibilities, access to justice, and law student levels. and equity and inclusion. She has been a longtime She is also on the board for member of the Austin Bar and the Austin Area Urban League has served on the board for and for a mentoring organization, local affinity bar organizations, Friends of the Children—Austin. including as the past-president She is the co-founder of the Child of the Austin Black Lawyers Welfare Race Equity Collaborative Association. Judge Martinez which helps bring the community Jones is a 2012-13 class member voice into the problem-solving of LeadershipSBOT and has conversations about disparities in served on State Bar committees the statewide child welfare system. including the Texas Disciplinary She is on the School Health Rules of Professional Conduct Advisory Committee for a local Committee as well as her current school district and regularly hosts role on the Advertising Review Committee. Judge Martinez community and neighborhood edJones also served on the board ucational meetings to help answer of directors for the Texas Young questions about the judiciary and Lawyers Association. Currently, child welfare issues for families. she serves on the boards of the Judge Martinez Jones and her Child Welfare Law Section of the husband, Mitchell Jones, are the State Bar of Texas and on the proud LAWYER parents of two precious AUSTIN National Council for Juvenile and L AL little A girls. Family Court Judges. Her work in

L A W

F I R M

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DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

BRIEFS NEW MEMBERS The Austin Bar welcomes the following new members: Emily Apte Kenneth Best Elise Manchester Kornel Rady

FROM LEFT: Frazer, Greene, Kelley

Elijah Roden

AWARDS

The Texas Board of Legal Specialization announced that Lance Sharp has been added to its board. TBLS is one of the largest legal board certification programs in the country. Sharp will be working with board members in overseeing the administration of the board certification program, including the organization’s finances, enhancing the value of board certification, as well as increasing its public awareness. Sharp opened his own practice, The Sharp Firm, in 1993, where he has worked alongside his wife Laura since

1997 representing individuals in personal injury matters. NEW TO THE OFFICE

Howry Breen & Herman is pleased to announce their newest associate attorney, Matt Kelley. Kelley brings valuable trial and litigation experience to the firm and will focus his practice on personal injury and business litigation. MOVING ON UP

GoransonBain Ausley announced the promotion of Rob Frazer to partner. Frazer brings high-level expertise, integrity, and

commitment to an unparalleled client experience. Frazer is a board-certified family law specialist and serves on the board of directors for the Austin Bar Association. Duane Morris announced that Bert Greene was named as office managing partner for the firm’s Austin office. Greene’s practice is focused on the enforcement and procurement of intellectual property rights, with a primary emphasis on patent litigation and trade secret litigation. Greene has also handled numerous pro bono cases on behalf of asylum applicants in U.S. immigration court.

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The Downstream Effects of Texas v. New Mexico BY BONNIE C. FRAASE n the first day of the 2020–21 term, the U.S. Supreme Court heard oral argument in Texas v. New Mexico. In this case, Texas and New Mexico dispute the Pecos River’s apportionment. Like most feuds between neighbors, this is just the latest incident in a long-running argument. To put it plainly: Tensions run high because the river often runs low; but when it rains, it pours.

The Pecos River flows from New Mexico into Texas. The Pecos cuts across the harsh Chihuahuan Desert, sourcing irrigation as it runs. The Pecos River Compact governs the Pecos’s apportionment.1 The Compact dates to 1949, and the associated litigation extends back to 1974.2 To limit its involvement in this protracted litigation, the Supreme Court tasked a technical expert—the River Master—with tabulating the apportionment.3 The Pecos River Master’s Manual governs the calculations. With a River Master, a manual, and a calculator, you might imagine this fact pattern would come to a simple, mathematical conclusion. You would be in good company: The Supreme Court also expected that most disputes would “prove capable of mechanical resolution

and would usually involve marginal calculation adjustments.”4 But this dispute has turned into something more than the sum of its parts. In September 2014, Tropical Storm Odile brought torrential rain to southern New Mexico and western Texas.5 Texas’s reservoir capacity quickly filled. In this emergency circumstance, the Federal Bureau of Reclamation stored the water. Such stored water is a wasting asset, and an estimated 21,000 acre-feet of

the water evaporated. Under the Compact, each state is entitled to an apportioned share of the Pecos River.6 But who bears the evaporation loss of this stored water? On this, the states disagree. After the states’ negotiations stalled, the River Master decided the issue. In his 2018 Report, the River Master attributed most of the evaporation losses to Texas. The River Master calculated that New Mexico gave Texas too much water in 2015. Then, the River Master presented two potential solutions: allocate retroactively the overage to New Mexico for the year 2015 or spread the overages across three years evenly. After presenting both options, the River Master expressly noted that “neither approach creates an advantage to either state.”7 For “simplicity” the River Master

decided to allocate the overage to 2015 in a flat, one-time credit.8 Okay, what’s the big deal? Well, the River Master retroactively adjusted the 2015 Final Determination. This adjustment is beyond the Manual’s scope. So, while the River Master’s outcome might be equitable—over Texas’s arguments to the contrary—the procedure is arguably incorrect. The Manual only allows the River Master to make prospective modifications to the Manual, so this retrospective application of a modified procedure is discordant with the Compact. Attenuated questions of the parties’ timeliness in objecting to the River Master’s Report add to the morass of legal issues at stake. Now the Supreme Court must decide: Did the River Master have discretion to apportion the Pecos River’s waters in a manner not prescribed by the Manual? And did the parties properly object to his decision? In answering the question, the Supreme Court may recontour the Manual’s scope, the River Master’s authority, and the states’ obligations. By allowing the River Master’s solution to stand, the Court would tacitly reduce the Manual from a governing document to a set of model rules. Then, the River Master would be able to apportion waters in a manner that achieves an equitable result without the strict constraints of the Compact’s procedures. New Mexico argues Odile’s “extraordinary” and “unusual” downpour permitted extra-contractual proceedings.9 The point is well taken, but it is also arguable that, in a time of increasing environmental variance, extraordinary circumstances will soon be ordinary occurrences. In such times, the states will require legitimate procedures to preserve their settled expectations. Given that the Pecos River recharges the Pecos Valley Aquifer and sources irrigation,10 the issue is more than academic. The downstream effects of this decision will impact AUSTIN LAWYER AL AL Texans in the years to come.

Bonnie C. Fraase is a clerk for the U.S. District Court in the Eastern District of Texas and a former Texas Supreme Court clerk. She is a graduate of Virginia Law (J.D., 2019) and Baylor University (B.A., 2015). All views are her own.

Footnotes 1. Pecos River Compact, 63 Stat. 159 (1949); Tex. Water Code § 42.010. 2. Texas v. New Mexico, 462 U.S. 554, 562 (1983). 3. Texas v. New Mexico, 482 U.S. 124 (1987). 4. Kansas v. Colorado, 543 U.S. 86, 92–93 (2004). 5. John P. Cangialosi and Todd B. Kimberlain, National Hurricane Center Tropical Cyclone Report Hurricane Odile, 1, 4 (2015), https://www.nhc.noaa. gov/data/tcr/EP152014_Odile.pdf. 6. Pecos River Compact, 63 Stat. 159 (1949); Tex. Water Code § 42.010. 7. Pecos River Compact Report of the River Master: Water Year 2017, Accounting Year 2018 Final Report at 31, Texas v. New Mexico, __ U.S. __ (2020) (No. 22O65). 8. Id. 9. Brief for Respondent at 11, 29–30, Texas v. New Mexico, __ U.S. __ (2020) (No. 22O65). 10. Bech Bruun, et al., Texas Aquifers Study: Groundwater Quantity, Quality, Flow, and Contributions to Surface Water, 1, 118 (2016) https://www.twdb.texas.gov/ groundwater/docs/studies/ TexasAquifersStudy_2016. pdf#page=135.

DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

BE WELL

Rest, Replenish, Continue: Racial Justice and Wellness BY DOMINIQUE MCLEGGAN-BROWN, ESQ., FOUNDER, THE SISTERS IN LAW, THESISTERSINLAW.COM

Dominique McLeggan-Brown serves as a staff attorney for the Office of Public Interest Counsel within TCEQ.

ver the last several months, many of us engaged in deeper conversations about diversity, representation, systemic racism, equity, and inclusion. While some of these conversations occurred with strangers on various social media platforms, many discussions happened within our homes, among our peers, and with our coworkers. These conversations were both eye-opening and difficult. There was an understanding that, although the topic of race is difficult, its complexity cannot preclude the discussion’s necessity. When I consider the intersection of diversity, racial justice, and wellness—the question at the forefront of my mind is: “How can we protect our mental health and emotional wellbeing while we engage in vulnerable and difficult conversations?” Even if this question does not resonate with you personally, consider the following as a useful guide in responding to the emotional toll your colleagues and clients of color are shouldering. At our core, lawyers are service providers. Our days are con-

sumed by solving the problems of others, which means we often forego necessary self-care. We push forward until we are emotionally exhausted and burned out. Whether you have actively fought for racial justice your whole life or joined the conversation this summer, please take the holidays to invest in your mental health and emotional wellbeing. Below are three steps for avoiding emotional exhaustion while fighting for diversity, equity, and racial justice. REST Take time to relax, recuperate, and recover. Relentless forward progress requires moments of rest. Social justice author and

choosing to pause in order to refresh yourself and continue later. REPLENISH Dedicate time and energy to refueling and refilling the emotional energy lost. There is a common saying, “You can’t pour from an empty cup.” After taking the time to rest, the next step is to replenish and rebuild your emotional resources by focusing on who or what brings you joy. The truth is, regardless of your race or personal perspective, honest conversations about racism—whether you are sharing or listening—are strenuous and can leave you emotionally depleted. It is necessary to replenish the emotional energy spent over the past several months. Similar to

It is necessary to replenish the emotional energy spent over the past several months. Similar to a runner after a hard sprint, you need to take time to refuel and replace the energy used in your previous effort. artist, Cleo Wade, writes, “And if you have come a long way—rest don’t stop. As the saying goes, ‘you didn’t come this far just to come this far.’” Persistence in the fight for diversity and equity will lead to results, but even the most focused and dedicated minds need to pause. Rest is our first step in warding off emotional exhaustion and burnout. Rest is a service to ourselves and an investment in our future endeavors. Intentionally carve out time for yourself. If necessary, step away from social media arguments. Allow yourself the space to say, “I need to take a break and relax.” Taking time to rest does not mean you are stepping out of the fight for racial justice altogether. You are not giving up or giving in. Instead, you are

AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

a runner after a hard sprint, you need to take time to refuel and replace the energy used in your previous effort. How does one go about refilling and replenishing their cup? It may vary from person to person. It may be as simple as reading your favorite book, or watching a movie, or laughing until you cry with a friend, or playing your favorite song on repeat. The specific activity or interaction is not as important as the effect. Whatever brings you joy and a sense of peace, and reignites your hope for a better tomorrow—that is what you need to do to replenish your emotional energy. Remember that finding joy is anti-racism work. Joy is a form of resistance. Take the time to replenish, refuel, and refill your cup with joy.

CONTINUE The third and final step, after you rest and replenish, is to continue. Continue to push for racial justice and equity. Continue the dialogue you began in 2020. Continue to hold your peers accountable. Continue to actively fight racism in your day-to-day life. The demand for diversity, equity, and racial justice is not a fad diet, it is a lifestyle. As you head into 2021, continue to engage in hard conversations with family, friends, and colleagues. Seek to amplify diverse voices. Listen with empathy, learn, and continue to educate yourself. Understand that change only occurs through sustained effort. Even then, change can seem slow and incremental, but the fight for racial justice is more of an ultramarathon than a sprint. Lasting change does not happen overnight and it is never easy. To that end, it is vital that you take care of your mental and emotional health so that you can play an active role in long-term change. We need every voice. In her book, Where to Begin, Cleo Wade writes, “Change-making does not belong to one group of people. Change-making belongs to us all.”

If you are interested in supporting mental health and wellness initiatives dedicated to communities of color, I recommend the following: The Loveland Foundation, established by Rachel Cargle; and Therapy for BlackAUSTIN Girls, founded by Dr. LAWYER Joy Harden Bradford. AL AL

Thirty-One Children Found “Forever Families” at 19th Annual Austin Adoption Day

ue to the COVID-19 pandemic, the 19th Annual Austin Adoption Day was held virtually on Thurs., Nov. 5, 2020. Instead of the typical Wizard of Oz themed celebration traditionally held at the Gardner Betts Juvenile Justice Center, the “forever families” were created this year via Zoom. Twenty-four families, from the safety of their own homes, were connected to Travis County judges who performed their adoptions remotely. Thirty-one children who had been in foster care due to abuse or neglect become permanent members of a new family on the virtual day of celebration. In keeping with tradition, the virtual event retained its “No Place Like Home” feel with Wizard of Oz characters joining the judges on their benches, and balloons and gifts donated by generous sponsors being delivered to

each family’s home. According to Holly Benningfield, Region 7 Adoption Program Director and Post-Adoption Liaison for the Department of Family and Protective Services, “These families will realize their goal of adoption, while enjoying a day filled with love, hope, some tears, and many smiles. It is a day to celebrate these children and families while also creating an awareness of hundreds of children still waiting to find their forever homes in the Region 7 (Central Texas) area.” Austin Adoption Day is sponsored by the Austin Bar Foundation along with the Texas Department of Family and Protective Services, Gardner-Betts Juvenile Justice Center, CASA of Travis County, Partnerships for Children, the Travis County Children’s Protective Services Board, and the Travis County Office of Child Representation.

Judge Darlene Byrne spoke at a virtual press conference at the conclusion of Austin Adoption Day.

November is National Adoption Month, and Austin Adoption Day is part of the nationwide effort to celebrate families that are welcoming new members from foster care and to draw attention to the continuing need for foster and adoptive homes. In Texas, 16,475 children were removed from their homes this year due to abuse or

neglect with 665 of those residing in Travis County. There are more than 2,900 children in Texas and 55 in Travis County currently waiting to be adopted. It doesn’t take special qualifications to raise a child—it takes love and commitment. Visit adoptchildren.org or heartgallerytexas.com to learn AUSTINLAWYER more about adoption. AL AL

Family Law Specialist

*Kimberly A. Edgington Tim Whitten has practiced in family law since 1992. He has been certified kim@whitten-law.com as a Family Law Specialist by the Texas Board of Legal Specialization.

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EQUITY COMMITTEE SPOTLIGHT

Different Traditions, One Hope BY DREW WILLIAMS their Clark Griswold glory, we can reflect on what that flicker might mean to someone else down the street, across the country, or on the other side of the world. Across time, religions, cultures, and the world, a common theme of winter solstice ceremonies is fire and light as symbols of hope.

Assistant Travis County Attorney Drew Williams specializes in civil litigation and teaches Trial Advocacy at the University of Texas School of Law. He also serves on the leadership team for the Austin Bar Association’s Equity Committee.

s the dark of night inhales the sun, green gives way to brown, blue to gray, and a stillness falls. We settle in for what may prove to be a cold, dark winter. Most years, we gather with family and friends to celebrate traditions and long-held beliefs. But this year, the air is thick with grief and anxiety disrupting pilgrimages home, hugs from distant relatives, and familiar foods. We find ourselves with fewer comforts, more distance, more silence in the night. COVID-19 threatens our lives and livelihoods while civil unrest, racism, and political division threaten our world views, relationships, and delusions of equity and justice. The country is divided by race, ideology, gender, class, physical ability, age, religion, wealth, and other aspects of our identities. But this winter, let us commit to finding a common thread that ties our own beloved traditions to those of another. Perhaps this year, as we strike a match and sulphur wafts through the air, or we light up our homes in all of 14

DIWALI The Hindu Festival of Lights is a five-day celebration of light over darkness and marks a time for making wishes for the coming year. The night before Diwali, the home is cleaned and decorated.1 On Diwali night, people dress up and light diyas, lamps, and candles inside and outside the home and send floating lanterns out on waterways. The lights guide exiled Lord Rama’s triumphant return home as told in the Hindu epic, Ramayana. The lights also serve to invite the gifts of the Goddess of Prosperity and Plenty, Lakshmi. Families feast and often exchange gifts. Diwali is not only important to Hindus, but is also celebrated among Jains, Buddhists, and Sikhs, and has several alternative legends explaining its origins.2 HANUKKAH The Jewish Festival of Lights is an eight-night celebration. According to the Talmud, there was only enough oil to keep the Temple’s menorah, one of its most important ritual objects, burning for one day. But the flame stayed alight for eight days, until a new supply of oil could be found—the basis for the eight-day celebration of Hanukkah.3 This is the miracle of light, the ability to triumph in the face of adversity, and shine against darkness and evil. Each night, one candle in the menorah is lit, games are played, and festive fried food is served.4

AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

One by one, in tiny increments, candle by candle, gesture by effort, wish by prayer, concern by care, we feed the life-fires of the soul and light the infinite universe, little by little from within.8 – Mama Donna Henes KWANZAA and light/purity. Light is also Kwanzaa was designed by Dr. symbolic of Jesus as the light Maulana Kerenga in 1966 to of the world and the Star of bring African Americans together Bethlehem, which announced as a community in the wake of Jesus’s birth and guided the Magi the Watts Riots in Los Angeles.5 to him.7 Like many religious The name Kwanzaa is derived traditions, this use of fire and from the phrase matunda ya light evolved from Pagan winter kwanza, meaning “first fruits” solstice celebrations using Yule in Swahili. Celebrations often logs, bonfires, and candles to include singing and dancing, symbolize the rebirth of the sun, storytelling, poetry reading, turning night into day, and the African drumming, and feasting. dawn of the New Year. A major element of the seven-day Whatever our traditions, as we celebration is the lighting of admire the lights, enjoy the fire, Mishumaa Saba (The Seven and watch tiny flames flicker, Candles): black for the people, may LAWYER we share and bear witness AUSTIN red for the struggle for self-deterAL AL to hope. mination and freedom by people Footnotes of color, and green for the earth 1. TNN. “What is Diwali and how to that sustains life and provides celebrate the festival of lights?” Times hope, divination, employment, of India. and the fruits of the harvest. 2. Little, Becky. “The Ancient Origins of Diwali, India’s Biggest Holiday” Each candle stands for an African 3. Forgasz, Rebecca. “The Story of principle, fundamental precepts Hanukkah” The Conversation. upon which a creative, produc4. My Jewish Learning.” The Hanukkiah (Hanukkah Menorah)” tive, and successful community is 5. “The History, Principles, and Symbols based: unity, self-determination, of Kwanzaa.” Interexchange.org. collective work, shared econom6. Henes, Mama Donna. “Festivals of ics, life purpose, creativity, and Light in the Dark.” Huffpost. 7. Chan, Melissa. “Here’s How faith.6 All are welcome to join in Christmas Lights Came to Be.” Time. this celebration. 8. Henes, “Festivals.”

ADVENT Many Christians celebrate Advent (meaning “arrival”), a time of expectation and hope. The most common Advent tradition involves four candles around the Advent wreath and sometimes a fifth in the middle, lit each Sunday in the weeks leading up to Christmas. The candles symbolize hope, faith, joy, peace,

Austin Bar’s Equity Committee Plans Next Multi-Media Event JAN. 6 VIRTUAL BOOK CLUB DISCUSSION 5:30 – 7 p.m. RSVP: austinbar.org How to Be an Anti-Racist

ollowing the successful virtual viewing of the award-winning documentary 13th in October, and the virtual book discussion of So You Want to Talk about Race in November, the Austin Bar’s Equity Committee is planning to kick off the New Year with another virtual multi-media event in January. Join hosts Cathy Garza and Jenna Malsbary, both Equity Committee members, on Jan. 6, 2021 from 5:30 – 7 p.m. for a virtual discussion of How to Be an Anti-Racist by Ibram X.

Kendi. Please endeavor to read the book before the discussion, but feel free to participate even if you haven’t quite completed the reading yet. You may register for the free event at austinbar.org to

receive the Zoom link. Garza and Malsbary are also coordinating the Equity Committee’s involvement with the annual AYLA MLK Day of Service, to be held on Mon.,

Jan. 18, 2020. More details on how you can get involved in the Day of Service can be found on page 23 ofLAWYER this publication, or at AUSTIN AL AL austinbar.org.

DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

OPENING STATEMENT

Visuals in Brief, Part III Getting Started—Simply BY WAYNE SCHIESS, TEXAS LAW, LEGALWRITING.NET

wo previous columns discussed visuals as valuable tools for persuasion in briefs and how brief writers could overcome obstacles to using visuals. This month I offer some practical tips for using visuals and some simple ideas for creating them. Two experienced practitioners-turned-legal-writing-professors have written an excellent article full of good advice: “Art”-iculating the Analysis: Systemizing the Decision to Use Visuals as Legal Reasoning, by Steve Johansen and Ruth Anne Robbins.1 They helpfully divide visuals into three categories: organizational visuals such as bullet lists, timelines, and tables—even the table of contents; interpretive visuals such as flow charts, pie charts, and Venn diagrams; and representative visuals such as images and maps. They then ask writers to imagine the legal argument visually and identify what type of visual would aid the reasoning.2 Once you’ve decided to use a visual, Johansen and Robbins say it’s worth assessing where the visual falls on a “usefulness” continuum. On one end are merely decorative visuals—eye-catching but with limited connection to the substance. On the other end are visuals that present content connected to the facts or law.3 Nix purely decorative visuals; visuals that contribute to the substance go in. I also recommend this article: Adam L. Rosman, Visualizing the Law: Using Charts, Diagrams, and Other Images to Improve Legal Briefs.4 SIMPLE EXAMPLES OF GRAPHICS Last month I mentioned two reasons that some brief writers don’t use visuals: Creating them 16

Sample Table 1

NAME

POSITION

Smith

President

Chung

Vice President

Acosta

Secretary

can be difficult and time-consuming. So let’s start simple. Here are two ways to use one type of visual—images—in briefs, as recommended by respondents to my survey: • I mostly use screenshots of the contractual or other language I’m interpreting. • Many of mine are labeled photos—essentially, evidentiary documents but placed in the body text rather than in an appendix. If using an image strengthens your case, do it. Using a table is another way to start trying visuals, and tables are simple to create. For example, you might display the defendant’s corporate officers in a two-column table (see Sample Table 1). The information is more quickly and easily grasped than if it were conveyed in textual format. In an administrative-hearing brief, one writer needed to apply a 12-factor test to a nurse’s conduct. A two-column table worked well, with the factors described in the left-column cells and the analysis provided in the corresponding right-column cells. It’s a good example of a visual that makes digesting the analysis easier when compared to a traditional-text format (see Sample Table 2). Sample Table 3 appeared in a response to a plaintiff’s motion

Sample Table 2

FACTOR

ANALYSIS

Factor 1

Analysis of factor in light of facts

Factor 2

Analysis of factor in light of facts

Sample Table 3

PARTY ROLE

PHASE 1

PHASE 2

Owner

Company A

Contractor

Company B

Company C

Supplier

Company F

Company E

to consolidate. It was the writer’s attempt to emphasize that although the same party owned the apartment-complex phases at issue, the buildings, subcontractors, and materials differed, and the two cases would not rely on the same evidence. Once you’ve mastered basic tables, a timeline is a good challenge. (See the sample timeline below.) I hope these examples give you some ideas. Ultimately, it’s up to you to consider the facts and analysis and decide if a visual

is right for your brief. Think creatively, get some help, improve your skills, and recognize that judges AUSTIN are favorably disposed to LAWYER visuals. Then try AL it. AL Footnotes 1. Steve Johansen & Ruth Anne Robbins, Art-iculating the Analysis: Systemizing the Decision to Use Visuals as Legal Reasoning, 20 J. of the Leg. Writing Inst. 57 (2015). 2. Id. at 67. 3. Id. at 69. 4. Adam L. Rosman, Visualizing the Law: Using Charts, Diagrams, and Other Images to Improve Legal Briefs, 63 J. Leg. Educ. 70 (Aug. 2013).

Sample Timeline

2005

2010

2015

2020

Description of event Description of event Description of event Description of event

AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

THIRD COURT OF APPEALS CIVIL UPDATE

The following are summaries of selected civil opinions issued by the Third Court of Appeals during October 2020. The summaries are an overview; please review the entire opinions. Subsequent histories are current as of Nov. 2, 2020. CPS: Court reverses parental-rights termination where mother was not personally served. N.J. v. Texas Dep’t of Family & Prot. Servs, No. 03-20-00259CV, (Tex. App.—Austin Oct. 9, 2020, no pet. h.). Department instituted proceedings to terminate N.J.’s parental rights of her child. N.J., a minor, appeared with counsel throughout the proceedings. The trial court terminated N.J.’s parental rights. N.J. argued on appeal that she was never personally served, thus rendering the termination judgment void. Department contended that N.J.’s personal appearance constituted effective service. The court of appeals noted the general rule that an appearance in court is consent to personal jurisdiction and a waiver of service defects. Minors, however, are under a legal disability and thus cannot consent to jurisdiction. Neither N.J., her parents, nor a person designated as next friend was served with citation. Thus, there was no per-

sonal jurisdiction over N.J. The reversed and remanded. TCPA: Court applies TCPA to husband’s false-allegation claim in a divorce. De La Torre v. De La Torre, No. 03-19-00597-CV (Tex. App.— Austin Oct. 9, 2020, no pet. h.). During divorce proceedings, husband alleged that wife made a false claim of child abuse to CPS and sought penalties and attorney’s fees against wife under Family Code § 261.107. Wife filed a TCPA motion to dismiss the Section 261.107 claim. Husband dismissed the claim. The trial court held a hearing but did not rule on the TCPA motion. The court of appeals concluded that TCPA applied to husband’s false-claim allegation. The court further concluded that husband lacked standing to raise a Section 261.107 claim because the statute does not provide for a private cause of action. Accordingly, the trial court should have granted wife’s motion. The court reversed and remanded for an attorney’s fees determination. The dissent concluded that wife was entitled to a dismissal of the Section 261.107 claim on jurisdictional grounds, not under TCPA, and thus would have affirmed. NEGLIGENCE: Court reverses dismissal of contractors who installed new traffic signals at site of a fatality.

Cheney v. The Levy Co., No. 0319-00334-CV (Tex. App.—Austin Oct. 23, 2020, no pet. h.) (mem. op.). After husband was killed in a redesigned traffic intersection, wife sued city, general contractor, and sub-contractor for negligence. Both contractors sought dismissal under derivative immunity. Sub-contractor sought dismissal for wife’s failure to file a certificate of merit. The trial court dismissed wife’s claims. On the derivative immunity issue, the court of appeals rejected the contractors’ argument that they had no discretion in reprogramming the traffic signals. Wife pleaded facts that entitled her to relief and no evidence indicated the contractors were stripped of discretion in performing their work. On the certificate of merit issue, wife did not seek to hold the general contractor liable as a professional engineer but rather for the negligent installation and work on the traffic signal. According to the court, the general contractor’s work was not “professional services” under Civ. Prac. & Rem. Code § 150.002. The court reversed and remanded. TRIAL PROCEDURE: Court reverses trial court’s judgment for defendant when plaintiff fails to appear. Firstone Heights LLC v. Travis Cent. Appraisal Dist., No. 03-1900108-CV (Tex. App.—Austin Oct.

Laurie Ratliff, a former staff attorney with the Third Court of Appeals, is board certified in civil appellate law by the Texas Board of Legal Specialization and an owner at Laurie Ratliff LLC.

28, 2020, no pet. h.) (mem. op.). In this property tax valuation lawsuit, the owner failed to appear for trial. TCAD appeared and offered evidence. The trial court signed a final judgment in TCAD’s favor. On appeal, the owner argued it was error to enter a final judgment. The court of appeals observed that when a plaintiff fails to appear and prosecute a case, the trial court cannot try the plaintiff’s cause of action. The only remedy is dismissal. Accordingly, the court reversed the judgment and rendered judgment AUSTIN dismissing the owner’s case LAWYER without prejudice. AL AL

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THIRD COURT OF APPEALS CRIMINAL UPDATE

Zak Hall is a staff attorney for the Third Court of Appeals. The summaries represent the views of the author alone and do not reflect the views of the court or any of the individual Justices on the court.

The following are summaries of selected criminal opinions issued by the Third Court of Appeals during June 2020. The summaries are an overview; please review the entire opinions. Subsequent histories are current as of Nov. 2, 2020. REASONABLE SUSPICION – TRAFFIC OFFENSES: Officer lacked reasonable suspicion to initiate traffic stop on vehicle that had stopped momentarily in intersection. State v. Colby, 604 S.W.3d 232 (Tex. App.—Austin 2020, no pet.). Following a traffic stop, Colby was charged with driving while intoxicated. Prior to trial, he filed a motion to suppress, arguing that the arresting officer did not have reasonable suspicion to initiate the stop. The basis for the stop was Section 545.302 of the Texas Transportation Code, which prohibits a driver from stopping his vehicle in an intersection. The officer testified that he was stopped at an intersection when he observed a vehicle approaching the intersection from a cross-street that did not have a traffic signal. The vehicle came to a complete stop in the intersection, backed up, flashed his lights at the officer’s vehicle, and then proceeded through the intersection. 18

Immediately thereafter, the officer initiated a traffic stop on the vehicle. A video recording of the stop supported the officer’s testimony. The trial court granted the motion to suppress, concluding that Colby’s stopping in the intersection was “reasonable under the circumstances” because the officer’s vehicle was also stopped in the intersection and Colby was attempting to “yield to this marked police vehicle.” The State appealed, arguing that even if Colby might have been justified in stopping in the intersection, that fact alone would not negate the officer’s reasonable suspicion to believe that Colby had committed a traffic offense. The appellate court affirmed. The court explained that there were defenses to stopping in an intersection, including the avoidance of “conflict with other traffic.” In this case, the record supported the trial court’s finding that Colby stopped in the intersection in order to avoid conflict with the officer’s patrol vehicle, which was also stopped in the intersection. Because Section 545.302 was the only basis for the traffic stop, the trial court did not abuse its discretion in granting the motion to suppress. CONFIDENTIAL INFORMANTS – USE OF THEIR INFORMATION AND DISCLOSURE OF THEIR IDENTITY: Trial court did not abuse its discretion in denying motion to suppress and in failing to disclose identity of confidential informant. Davis v. State, No. 03-19-00120CR (Tex. App.—Austin June 26, 2020, pet. ref’d) (mem. op., not designated for publication). Following a traffic stop during which methamphetamine had been found on his person, Davis was charged with and convicted of possession with intent to deliver methamphetamine. He raised two issues on appeal. Davis’s first issue was that the traffic stop had been prolonged unreasonably, in part because the police had relied on “an unnamed, uncorroborated statement of [a] confidential informant to establish

AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

reasonable suspicion to prolong the stop beyond its legally justified original initial purpose.” The appellate court rejected this contention, concluding that the officer’s reasonable suspicion to prolong the stop was based on facts that he had observed during the stop in addition to the information provided by the informant. Also, the court concluded that the officer had probable cause to arrest Davis based on the commission of traffic offenses in the officer’s presence. “The fact that the stop was in furtherance of an investigation for the possession of narcotics does not invalidate the stop.” Davis’s second issue was that the trial court had abused its discretion by denying his motion to disclose the identity of the confidential informant without conducting an in camera hearing. Davis argued that he needed the informant’s identity to present a valid defense at trial and to determine if the information was credible. The

State argued in response that the confidential informant’s identity was privileged. The appellate court agreed with the State, concluding that “the confidential informant’s involvement in this case was limited to providing information that led police to investigate a potential offense and that the informant was neither a participant in the offense for which Davis was charged nor present when Davis’s arrest was made.” Thus, the confidential informant’s identity did not need to be disclosed because “the testimony [was] not essential to a fair determination of guilt or innocence.” The appellate court further concluded that the record supported the district court’s implied finding that the informant was reasonably believed to be reliable or credible. Therefore, “the denial of Davis’s motion to disclose the identity of the confidential informant without an in camera hearing was notAUSTIN outside the zone LAWYER of reasonable disagreement.” AL AL

FEDERAL CIVIL COURT UPDATE

The following are summaries of selected civil opinions issued by the U.S. Court of Appeals for the Fifth Circuit. The summaries are an overview; please review the entire opinions. Subsequent histories are current as of Oct. 31, 2020. PERSONAL JURISDICTION: Out-of-state subcontractors were not subject to personal jurisdiction in Texas in action concerning contract with Texas entity and including Texas choice-of-law clause but performed in Florida. Sayers Constr., L.L.C. v. Timberline Constr., Inc., 976 F.3d 570 (5th Cir. 2020). Florida Power & Light Company hired Sayers Construction—a Texas LLC with its principal place of business in Texas—to work on electrical utility lines in Florida. Sayers hired Timberline Construction and High Voltage as subcontractors. Neither subcontractor is organized or has its principal place of business in Texas, but High Voltage is registered to do business in Texas and has an office in Texas. Further, Timberline solicited Sayers for work on the project. The parties entered into a Master Services Agreement (MSA) that included a Texas choice-of-law clause. Under the MSA, the subcontractors picked up work orders from Sayers’s Florida offices and then performed fieldwork in Florida. The subcontractors sent invoices to Sayers in Texas. Sayers stopped paying the subcontractors’ invoices, so the subcontractors stopped performing work and filed an arbitration demand with the American Arbitration Association (AAA). An arbitrator in Florida found in favor of the subcontractors. Sayers then filed suit in federal court in Texas seeking to vacate the arbitration award. The subcontractors moved to dismiss based on, among other grounds, lack of personal jurisdiction, and the district court dismissed the case

on that basis. Sayers appealed. The Fifth Circuit affirmed the dismissal, holding that Sayers failed to establish a prima facie case of specific personal jurisdiction because Sayers lacked minimum contacts with Texas sufficient to show that it purposely availed itself of the privilege of conducting business there. The court reasoned that although Florida was the place of contractual performance, the rest of the subcontractors’ purported Texas contacts were insufficient. Timberline’s solicitation of the work from Sayers was, at most, a contact between Timberline and Sayers, not Timberline and Texas. That the subcontractors contracted with Sayers, a Texas resident, and sent invoices to Sayer’s Texas office was likewise insufficient under the court’s established precedent. And although a choice-of-law clause can in some cases be probative of purposeful availment, the court concluded that the clause at issue here did not suggest the parties intended to resolve their disputes in Texas. To the contrary, the parties’ agreement required arbitration to take place in accordance with the AAA’s venue-selection rules, which in turn required arbitration as close as possible to the project in Florida. REMOVAL: A non-party, even one claiming to be a misidentified proper party in interest, is not a defendant and therefore may not remove a case to federal court. Valencia v. Allstate Tex. Lloyd’s, Inc., 976 F.3d 593 (5th Cir. 2020) Valencia, a Texas resident, sued Allstate Texas, a Texas entity, in state court for allegedly failing to pay for covered repairs under a homeowners insurance policy. An Illinois association with a very similar name, Allstate Texas Lloyds (“Allstate Illinois”), answered the petition in state court and removed the case to federal court. Valencia moved to remand because removal was improperly effectuated by a non-par-

ty to the case and diversity jurisdiction was lacking between the actual parties to the case. The district court denied the motion to remand but certified the issue for interlocutory appeal. The Fifth Circuit reversed. Citing 28 U.S.C. § 1441(a), the court explained, “The law is clear that a case filed in state court may be removed to federal court only by ‘the defendant or the defendants.’” At the time of removal, Allstate Texas was the only defendant in the case. Allstate Illinois never sought to intervene or be joined as a defendant. Nor did Allstate Texas ever contend that it has been erroneously named in the matter.

David Shank represents clients in highstakes, complex disputes in Texas and around the country. He is a partner at Scott Douglass McConnico.

Although a choice-of-law clause can in some cases be probative of purposeful availment, the court concluded that the clause at issue here did not suggest the parties intended to resolve their disputes in Texas. Allstate Illinois argued that it was nevertheless a proper party to the action because it had been misnamed or misidentified. The court rejected this argument, noting that a misnomer occurs when a plaintiff sues the correct entity under a mistaken name. That was not the case here, the Court held. Valencia named Allstate Texas in his petition and served Allstate Texas through its AUSTIN LAWYER registered agent. AL AL

DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

ENTRE NOUS

What A Boring Year! BY CLAUDE DUCLOUX

es, I hope that title made you smile. First and foremost, God bless all of you who have had to live and work since March with your own children underfoot. I would have eaten mine by now. We will all remember 2020 for the massive impact it had on our lives, the legal profession, the country, the world, and how it changed us. But that shouldn’t stop us from releasing some endorphins discussing some humorous aspects of this year, as we enter the strangest holiday season in most of our lives. First, I have a few lingering questions for the holiday season which need answering: 1. Does Santa Claus tweet? If not, why not? Since the U.S. Post Office is reputedly short-handed, you could get to him faster with digital devices. 2. And now Santa’s been busy getting Ms. Claus a green card (she’s Canadian). Under current rules, her scheduled INS interview will be in August, 2053. 3. Will there be a special holiday way to give the needy the extra pounds we accumulated during our extended workfrom-home diets? And is a ventilator an appropriate gift

for the grandparents? 4. How do I taper off my Prozac if my heartbeat ever becomes regular again? And how big a supply of hydroxychoroquine should I have on hand for 2021? Is HCq an appropriate filling for my Christmas piñata? The election? Well, due to my deadline (set by my very mean editor), I still don’t know as I write this. Time marches on, and so all of us must make some intelligent predictions and plans. So, if Biden wins, here are my thoughts: • My Antifa membership dues are going to go up. So I may have to choose to stay in only the Deep State, and jettison Antifa. Deep State has better Halloween parties, anyway. (I’ll go as Dr. Fauci next year.) • I might have to pay more taxes. But that’s not a problem because I won’t be slugging down as much Prozac. I might even break even. • Biden will infringe on my civil rights by making me wear a mask. And I don’t know why. I have yet to see the actual virus anywhere. Oh, sure: “They’re invisible.” Pfft. It seems actually a lot easier to plan for a Trump victory: • TV gets easier: There’s only one station you can depend on

PATIENT

for the truth. (You know which one.) I hear their new morning show will be directly from the Reichstag. Cool. • I’m getting good at using buzz words like: “job-killer,” “security threat,” and “thugs.” Perhaps I can get invited to the White House. I could re-supply the president with more adjectives. He’s pretty much worn out “best,” “fantastic,” “incredible,” “beautiful,” and “perfect.” • Kids in school can stop taking irrelevant courses like science. Woo hoo, no more AP tests!! • Trump will produce a new game show: American Ninja Fact-Checker. Reporters will have two minutes to find every falsity in a four-sentence paragraph. Failure lands them in the Shark Tank—with real sharks. I’m kidding, of course. Humor is the only way for many of us to retain a semblance of sanity. We are clearly a very divided nation, and I want to know more about

PRACTICAL

the opinions of those who disagree with mine. Trump clearly had very impressive support in this election, considering the nature of the past four years. Much of it was clearly undeclared. There is a reason for that. Few would defend him from a personal perspective, but he is the tool for important policies, and also for some admittedly darker purposes. And humor aside, I will be dedicated to any and every way we can try to heal the nation. I don’t know who will be in charge right now, which is unsettling. Whoever it is, I hope all lawyers and members of the legal profession will re-dedicate ourselves to preserve the Rule of Law. That is paramount. These terrible divisions won’t be healed for a long time, but we have to start somewhere. I hope you all have a safe, healthy, and worthwhile holiday season. Let the healing begin. AUSTIN LAWYER Keep the A faith. L AL

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AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

Rob Hargett

Officeholder Funds Support a Legacy of Funding Retiring Judges Provide Access to Justice for Low-Income Texans BY THE HON. SUZANNE COVINGTON

hen a judge retires or leaves office, where does the unused money their campaign raised go? There’s a simple answer designated by the Texas Ethics Commission. Upon retirement, a judge must properly dispose of surplus funds in their officeholder account by either donating them to a charitable cause or using them in a way that is acceptable under the rules of the Commission. Acceptable ways of using these funds include paying expenses you incur as an officeholder, contributing them to another campaign or candidate, or establishing a personal PAC to distribute the funds—in other words, you just can’t convert them to personal use. With all of these restrictions in mind, why not just donate excess funds to a cause you feel called to? Retiring from judicial work after three decades was truly bittersweet. I am grateful for the years I was able to serve Texans from the bench, but I also know that there is still a lot of work to be done to ensure that our judicial system works for everyone. It was this understanding that led me to donate my excess officeholder funds to the Legacy

Fund of the Texas Access to Justice Foundation (TAJF) and the Austin Bar Foundation. The Legacy Fund for Access to Justice was created when former Texas Supreme Court Chief Justice Wallace B. Jefferson retired and generously donated the funds in his officeholder account to the Texas Access to Justice Foundation, the state’s leading funding source for civil legal aid organizations. It’s because of the Foundation’s work that more than 140,000 Texas families receive free or low-cost civil legal help each year, and I couldn’t think of a better home for the extra funds my office had raised over the years. Funds in officeholder accounts give retiring judges and those retiring from public office an easy way to make a significant difference as they leave their positions. Here are a few reasons why donating to organizations like TAJF and the Austin Bar Foundation and supporting access to justice in Texas is a great choice for those funds: • Legal aid providers are a lifeline for those impacted by COVID-19. During this pandemic, this aid has become essential to helping hundreds of thousands of Texans who

are experiencing poverty; loss of their job, home, or healthcare; or domestic violence. • Nearly 5.2 million Texans qualified for legal aid before the COVID-19 pandemic, making Texas home to the second-highest number of low-income residents in the nation. However, only about 10% of their legal needs are being met due to a lack of resources. • Out of the entire U.S., including Washington D.C. and Puerto Rico, Texas ranks 47th in access to legal aid lawyers. For every 7,000 Texans who qualify for legal aid, there is approximately only one legal aid lawyer. • It is civil legal aid providers who step up to ensure struggling Texans aren’t left behind, and it is accessible legal guidance that allows them to regain their footing as quickly as possible.

The Honorable Suzanne Covington began her judicial career in 1990 and served in the 201st District Court in Austin from 1995-2010. She has been an advocate for legal aid throughout her legal career and is a former member of the board of directors of the Texas Access to Justice Foundation.

lawyer. By donating my officeholder funds, I am able to play a As a former member of the small part in helping ensure that TAJF board of directors, I adequate funding is attributed to have seen the good work the the pursuit of access to justice for Foundation does for Texans and all Texans, regardless of income have witnessed lives changed or status. That is why I’ve chosen by the ability to access justice. to donate my unexpended funds As a judge for three decades, to the Legacy Fund for Access to AUSTIN LAWYER I have seen the doors of the AL A L Justice. courthouse—a beacon of our democracy—closed and inaccessible to those who cannot afford a

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DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

AUSTIN YOUNG LAWYERS ASSOCIATION

AY LA PRESIDENT’S COLUMN DAVID KING, GRAVES DOUGHERTY HEARON & MOODY

Ushering in the New Year; Reflecting on 2020

ust one more month to go in 2020! And, boy, what a year it’s been. If you are like me, even in “normal” years, December is a time for closure. The billable hours are tallied, the bonuses are dispersed (hopefully), and the office begins to slow as the last week of the year approaches. (Although maybe not quite so much for all of you transactional lawyers who need to finish your deals before Jan. 1. Sorry!) This year more than ever, I think we’re all ready for that closure. December is also a poignant time. On one hand, it’s a time of joy as we celebrate with friends and family. But on the other hand, aided perhaps by the short, winter days, it can also be a somber time as we mark the passing of another year of our finite lives.

For me, these colliding emotions also usher in a time of reflection. The whirlwind of the past year dies down long enough to catch your breath before it picks back up again in January. And that moment of calm allows time to consider the bigger picture—to consider hopes, goals, and potential changes in how we are living our lives. That’s what New Year’s resolutions are all about, right? So what are some of the big-picture things I’ve been thinking about as we approach 2021? Well, the whirlwind hasn’t quite died down for me yet, so I haven’t had much time to mull over the big, existential questions, but, in a year like this, there is plenty to think about. Here’s one that’s at the top of my mind: What the heck is going on with our political culture, and what can we do about it? Win or lose, I expect most people are relieved to not have to think about a presidential election—much less an election like this one—for a long time. But the damage has been done. Political polarization has become so pronounced that it seems as if there is little room for dialogue between

[A]s we reflect on what has been a uniquely challenging and stressful year, I hope we will emerge not only with some closure, but also with a sense of optimism. the parties and little room for moderate voices. And, based on what a nail-biter of an election this was, it seems unlikely that this is going to change anytime soon. As a former campaign worker and political junkie, I am deeply troubled by this disintegration of cross-party dialogue. So, what to do about it? Perhaps the best place to start is just accepting that no one person can solve such a complex issue, and then perhaps turn to the specific things we can do. For me, that means trying to not get too overwhelmed by such a large, abstract problem, and, instead, looking for opportunities to make progress at the local, community level. Think global, act local. No, joining your neighborhood association, doing community service with a place of worship, or getting involved in an organization like AYLA is not going to solve all of the country’s

divisions, but, by interacting with a diverse group of people—from different political perspectives—it may help bridge the divide. So, as we reflect on what has been a uniquely challenging and stressful year, I hope we will emerge not only with some closure, but also with a sense of optimism. To be sure, although most of us are likely happy to leave 2020 behind, next year will certainly have its challenges, too. After all, a global pandemic doesn’t go away simply because the ball drops in Times Square, just as our political divisions are not healed simply by electing a new president. But there is reason to be optimistic. We’ve made it through a lot. And it’s a new year; a clean slate. So spend that time with your loved ones, open those presents, squeeze in a little bit of reflection about the deeper meaning of life, and then let’s start 2021 with open AUSTIN LAWYER hearts and open minds. AL AL

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AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

STRICTLY CONFIDENTIAL Anji Maddox

Offices in Austin, Round Rock and Dallas

AUSTIN YOUNG LAWYERS ASSOCIATION

AYLA Plans 11th Annual MLK Day of Service

n honor of Dr. Martin Luther King, Jr., the Austin Young Lawyers Association, in partnership with the Austin Bar’s Equity Committee, will coordinate its 11th annual MLK Day of Service project on Mon., Jan. 18, 2021. This local project is modeled after the national Martin Luther King Day of Service, which is intended to transform Dr. King’s life and teachings into community service

that helps solve social problems. New this year is the addition of the Austin Bar’s Equity Committee in an effort to provide service opportunities to community organizations whose missions are focused on issues of equity, diversity, and inclusion. There will be multiple organizations for volunteers to choose from once the signup links become available in early January. Member of the Austin

legal community can sign up for one or more of the events being offered. Friends and family are encouraged to volunteer as well. This year, the MLK Day of Service may look a little different due to the pandemic. If there are in-person volunteer opportunities available, they will be scheduled in consideration of local MLK Day community events, following the guidance of city and county health officials. The goal is to

safely serve the community together. If volunteering in person is not an option, information about how to support nonprofit organizations will be shared. If you would like to join the committee to help plan and organize a service event on MLK Day, please email JennaLAWYER Malsbary AUSTIN at jennareblin@gmail.com. AL AL

AYLA is Here to Help

s your practice suffering because of a personal crisis? Are you enduring tough times, but don’t know where to turn? The Personal Crisis Assistance Program is here to help in your time of need. PCAP was created in 1996 to support Austin-area attorneys who face an immediate need for temporary financial or practice assistance due to a personal crisis. The objective of this

program, funded by the Austin Young Lawyers Association Foundation, is to serve as a protection for lawyers and their clients when personal emergencies harm a lawyer’s practice. PCAP is available to attorneys who work or reside in Travis County and who are eligible for regular membership in AYLA. PCAP includes two levels of short-term assistance for lawyers in crisis:

• FINANCIAL PCAP provides limited grant funds of up to $1,500 to assist an attorney who is unable to fulfill certain practice-related financial obligations due to a personal crisis.

To apply confidentially for financial or practice assistance, please contact Debbie Kelly at 512.472.0279, x105 or by email at debbie@austinbar.org. Regardless of how overwhelming the problem may seem, help is available. You have worked hard • PRACTICE-RELATED to build your career—PCAP is Attorney volunteers agree to here toLAWYER help you get back on AUSTIN handle professional matters for yourAfeet. L AL the affected lawyer during the crisis.

AYLA to Host Virtual Cooking Class UPCOMING EVENTS THUR., DEC. 3 AYLA Evening with the Judiciary 6 – 8 p.m. THUR., JAN. 21 AYLA Docket Call Cocktails & Crafts with the Judiciary 6 – 8 p.m. Visit ayla.org to register for both events.

oin AYLA on Thurs., Dec. 10 at 6 p.m. for a virtual cooking class hosted by Bramwell Tripp, a professionally trained chef and former pitmaster at Loro Asian Smokehouse & Bar. Bramwell will demonstrate how to cook the perfect steak on a cast-iron skillet, as well as two sides. Registrants will receive a shopping list prior to the class. This class is open to all levels, including novices, Chef’s Table aficionados, and seasoned cooks. Tickets are $30 per household and proceeds will go to the AYLA Foundation. The first

Dec. 10 VIRTUAL COOKING CLASS HOSTED BY CHEF BRAMWELL TRIPP

6 p.m.

TICKETS: austinbar.org COST: $30

10 people to register will receive a free steak from Lone LAWYER Star Meats. AUSTIN AL AL Sign up today at ayla.org.

DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

Austin Bar’s Animal Law Section Sponsors Holiday Donation Drive for PALS

he Austin Bar Association’s Animal Law Section is organizing a holiday donation drive to make sure at least 50 PALS clients receive holiday presents/ supplies for their pets this year. PALS (Pets Assisting the Lives of Seniors) provides assistance in caring for the pets of current Meals on Wheels Central Texas clients. A pet can provide much-needed companionship and help to reduce the isolation and loneliness experienced by many of the homebound seniors and adults with disabilities whom PALS serves. The PALS mission is to keep clients and their pets together, living at home with dignity. PALS provides free dog and cat food on a monthly basis to more than 450 pets owned by current Meals on Wheels Central Texas clients. Pets get the

food they need and clients, many of whom are socially isolated, benefit from interaction with pet-loving volunteers. PALS also provides access to, and payment for, veterinary care. WISH LIST Unopened store-bought treats, new or gently used/clean toys, beds, leashes, and any other pet supply item. WHAT IS MOST NEEDED? Plush toys for dogs, small bags dwyerlawaustin.com for of cat treats, wand toys for cats, more info or to arrange a cat scratchers, and pet beds of contactless pickup or dropall sizes. off location. Donations will PALS has an Amazon gift listAUSTIN beLAWYER accepted until Dec. 7, at https://a.co/5LqWJUh, or AL AL 2020. items can be purchased at stores such as Big Lots or dollar store locations. Text or email Kelley Dwyer at 512.789.7534 or kelley@

Photos courtesy of PALS.

Available by video and in person

AUSTINLAWYER | DECEMBER 2020/JANUARY 2021

PRACTICE POINTERS

Freshman Fifteen: Tips Learned During My First Year of Practice BY VANESSA SUAREZ

he “freshman fifteen” usually refers to the extra weight students sometimes gain within their first year of college as they learn to live away from home for the first time. Similarly, as a lawyer in my first year of practice, I am learning to live and succeed in the practice of law for the first time. I have gained my own “freshman fifteen” of practice tips, which I gladly share with all young lawyers currently, or soon to be, in my position. CONSULT THE RULES. As a new lawyer, it’s imperative to go back and read the rules. The rules are created for guidance. Even as an experienced lawyer, there is no substitute to rereading the rules you may already know too well. BEWARE OF THE RULES— ALL OF THEM. Law school teaches black-letter law and the nuances of state and federal legal rules. Part of the fun of new practice, however, is realizing that lawyers must also know and comply with local rules; court-specific rules; judge-specific rules; and, now, each COVID-19 standing order. DAILY HOURS. Entering billable hours is a tedious and easily postponed task. Do not postpone! Entering a day’s worth of hours is annoying but manageable compared to entering a full month’s hours, which can become an insurmountable task. SHOW THE VALUE OF YOUR WORK. Lawyers get paid to argue, but we don’t want to argue to get paid. Billable-hour entries should illustrate the task performed, but more importantly, the value the task added to the case to both

a m h s e r F

the client and the lawyer with whom you are working. GOOGLE IT! Practicing law is all about efficiency. While lawyers spend years perfecting legal research, it’s easy to forget that the most efficient research is the research someone already did. Google provides informative articles published on most topics and, while it may not give you your answer, it usually provides a good place to start your legal research. BE KIND. It is important to zealously advocate for clients, but zealous advocacy does not require rude or unprofessional tactics. The legal world is small, and your reputation may travel faster and further than you may be aware. CALENDAR EVERYTHING. Even though it’s obvious, your calendar should be your best friend. Calendar everything immediately because it can be easy to forget upcoming deadlines with the unpredictable nature of legal work and the various client “emergencies” that inevitably arise. COPY COLLEAGUES. This both serves as a progress check for your superiors and provides a record of correspondence, which can be essential for

lawyers. Copying colleagues also ensures a colleague can pick up where you left off in case in case you are not available later. CREATE A WRITTEN RECORD. If you can, email and notify clients and counsel after each meaningful conversation, decision, and agreement. Documenting can help avoid disagreements due to faulty memory. NO COOKBOOKS. Practicing law is an art; there is no cookbook. Take advantage of your inexperience and ask questions regarding strategy. The more you ask, the more you will notice that decisions (e.g., the tone of a motion) have a strategic purpose. This strategic thinking is second nature to your partner and, consequently, it is your responsibility to respectfully ask why certain decisions are made and take the initiative to apply the same mindset. REDLINES ARE LIKE A MASSACRE. First-year work product will receive redlines with enough red ink to match your massacred pride. It is important to remember that redlines also illustrate the attention and care your partner is putting into your growth as an attorney. Through redlines, you will learn to improve your

Vanessa Suarez is an associate at Soltero Sapire Murrell. Her practice focuses on general civil and commercial litigation matters.

work product to the level of the lawyers you are learning from. HAVE A JOKE HANDY. With the prevalence of Zoom hearings, you will inevitably find yourself in the awkward situation of waiting for attendees to arrive. These moments are too long to sit in silence and are the perfect time to share an appropriate joke. A good joke never took away from the strength of a legal argument, but could lighten someone’s day. Reach out to hear mine. CHECK YOUR CHECKLISTS. The internet is laden with checklists created by reputable law firms that serve as great resources to check your own work and gain new ideas. BREATHE. Yes, practicing law is a lot. Yes, you may want to cry. Just breathe. Learning to become your best requires hard work. BACK TO THE RULES. This cannot beAUSTIN overemphasized. LAWYER AL AL Always go back to the rules.

DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

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Austin Lawyer, December 2020/January 2021

Articles inside

Freshman Fifteen: Tips Learned During My First Year of Practice

Austin Bar’s Animal Law Section Sponsors Holiday Donation Drive for PALS

Ushering in the New Year; Reflecting on 2020

What A Boring Year!

Different Traditions, One Hope

Thirty-One Children Found “Forever Families” at 19th Annual Austin Adoption Day

Rest, Replenish, Continue: Racial Justice and Wellness

The Downstream Effects of Texas v. New Mexico

A Referendum Awaits Us—Let’s Get Informed and Cast Our Votes

Join Us on Jan. 28, 2021 for the Austin Bar Foundation Virtual Gala