Austin Lawyer, Dec 2023 Jan 2024 by Austin Bar Association

austinbar.org DECEMBER 2023 / JANUARY 2024 | VOLUME 32, NUMBER 10

2024 Award Winners Announced

Edna Ramón Butts

Jeff Edwards

Marcy Hogan Greer

Randy Howry

he Austin Bar Association and Austin Bar Foundation are proud to announce the winners of the 2024 Distinguished Lawyer and David H. Walter Community Excellence awards! Edna Ramón Butts, Marcy Hogan Greer, and Randy Howry have won Distinguished Lawyer awards, and Jeff Edwards has won the David H. Walter Community Excellence Award. The Distinguished Lawyer Award recognizes the dedication and hard work of an attorney who has practiced for 30 years or more and has significantly contributed to the profession and the community. The David H. Walter Community Excellence Award is presented to an Austin Bar member who

has recently made a significant impact in the community and, at the same time, raised the profile of the profession. These awards will be presented at the 2024 Austin Bar Foundation Gala on Jan. 27, 2024, at the Four Seasons Hotel in Austin. Tickets and sponsorships are available at austinbar.org. Doors open at 6:30 p.m.

governmental Relations Committee to develop the board’s legislative priorities for the Texas legislature and serves as the primary liaison with congressional, legislative, and local government officials. She also develops policies for AISD, provides legal services, and serves as the elections administrator. Prior to AISD, Butts served as general counsel and senior policy advisor for then-Senator Kirk Watson, after having served as a special assistant attorney general for six years working on health care matters and as liaison for Mexican attorneys general and foreign consular officials. From 1998 to 2001, Butts was of-counsel at Hughes & Luce LLP and also worked for the Texas Department of Insurance, where she served, in addition to other roles, as the commissioner. From 1980 to 1993, Butts worked in the Office of the Attorney General of Texas in various capacities, including chief of the Finance Division and chief of the Insurance, Banking & Securities Section. She graduated from The University of Texas School of Law in 1978. She has served on a variety

of committees and boards over the years. From 2013 to 2016, she was a member of the implementation task force for The Texas Blueprint: Transforming Education Outcomes for Children and Youth in Foster Care, and also served as a member on the State Bar’s Committee on Disciplinary Rules of Professional Conduct for three years. Butts has served as a member of The University of Texas Chancellor’s Executive Committee since 2019. From 2013 to 2018, she served on the boards of directors for the Workforce Solutions Capital Area, the Long Center for the Performing Arts, and Communities in Schools of Central Texas. She has also volunteered on the YMCA Board Development Committee; Austin Partners in Education as a volunteer tutor; and the Ceden Family Resource Center as a volunteer English tutor, and is a graduate of the Leadership Austin Essential Program. In 2013, Butts received the 2013 Corazón Community Award given by the non-profit Con Mi Madre.

Edna Ramón Butts Austin Independent School District Butts currently serves as the director of intergovernmental relations and policy oversight for the Austin Independent School District (AISD), where she has worked since 2012. In her role, she works with the AISD Board of Trustees’ Inter-

continued on page 28

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AUSTINLAWYER DECEMBER 2023 / JANUARY 2024 | VOLUME 32, NUMBER 10 AL AL

CONTENTS

INSIDE

FEATURED ARTICLES

IN EVERY ISSUE

Briefs

CONNECTIONS

20 Decriminalizing Mental Health in Travis County: Part 5

AYLA

ONLINE austinbar.org

22 Gen Z-er Here: I’m an Avid Listener of Council of Firsts Podcast

Federal Civil Court Update

Third Court of Appeals Civil Update

Third Court of Appeals Criminal Update

2024 Award Winners Announced

What Does Your Billing Say About You?

Richard Pena Leads U.S. Delegation to Ireland

Austin City Council Begins Efforts to Ban Construction of Windowless Apartment Buildings

DEPARTMENTS

President’s Column

Opening Statement

Entre Nous

EMAIL billy@austinbar.org MAIL Austin Bar Association 712 W. 16th Street Austin, TX 78701 App Available on iPhone and Android SOCIAL LIKE facebook.com/austinbar FOLLOW twitter.com/theaustinbar FOLLOW instagram.com/theaustinbar

ONLINE austinbar.org NEWS & ANNOUNCEMENTS

UPCOMING EVENTS

Santa Claus is coming to Hilgers House! Join the Austin Bar Association as the North Pole and Santa Claus visit Hilgers House on Dec. 12 from 5 to 8 p.m.! This family-friendly event will feature cookies, hot chocolate, crafts and more! Attendance is free. If you would like to take photos with Santa, please register at austinbar.org.

DEC. 31

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LABOR & EMPLOYMENT SECTION CLE 9 - 9:30 a.m. Zoom Register at austinbar.org.

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DECEMBER 2023/JANUARY 2024 | AUSTINLAWYER

AUSTINLAWYER OFFICIAL PUBLICATION ALOF THE ALASSOCIATION AUSTIN BAR AUSTIN BAR ASSOCIATION

Justice Chari Kelly �� President Mary-Ellen King �� President-Elect Maitreya Tomlinson �� Secretary Judge Maya Guerra Gamble �� Treasurer Amanda Arriaga �� Immediate Past President

AUSTIN YOUNG LAWYERS ASSOCIATION

Sarah Harp �� President Emily Morris �� President-Elect Jenna Malsbary �� Treasurer Gracie Wood Shepherd �� Secretary Blair Leake �� Immediate Past President

Austin Lawyer

EXECUTIVE OFFICES

712 W. 16th Street Austin, TX 78701 Email: austinbar@austinbar.org Website: austinbar.org Ph: 512.472.0279 DeLaine Ward....................... Executive Director Debbie Kelly.......................... Associate Executive Director Rachael K. Jones................... Editor-In-Chief Billy Huntsman...................... Managing Editor 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. District Court for the Western District of Texas 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 above. For editorial guidelines, visit austinbar.org in the “About Us” tab.

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

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C O F E R C O N N E L LY. C O M

PRESIDENT’S COLUMN

Ring in the New Year at “Once Upon a Time” BY JUSTICE CHARI L. KELLY, THIRD COURT OF APPEALS

he Austin Bar Foundation Gala is just around the corner, and it will be bigger and better than ever! On Jan. 27, 2024, we will be returning to our longtime home at the Four Seasons for a storybook experience. Our “Once Upon a Time” theme will include many of the experiences from years past that you have come to know and love. You will be able to dance the night away to the music of the Royal Dukes, one of Austin’s most popular event bands. They have performed with Janet Jackson, Beyonce, Stevie Wonder, and many more artists we all know. In addition to dancing the night away, you will also be able to re-

live your favorite Las Vegas trip at our casino tables. Our silent and live auctions are returning, which will be showcasing vacation getaways to the English countryside, Marfa, and Park City, along with Austin FC and ZACH Theatre tickets, jewelry, and much more. And while you are guaranteed a good time at this year’s Gala, let us not forget that it raises much-needed funds for the Austin Bar Foundation. Our Foundation supports legal services to low-income Texans, legal education programs, and assistance to lawyers in need. As one example, the Foundation operates a yearround legal advice clinic for U.S. veterans. The money raised at the Gala helps us employ a staff attor-

ney, who provides training to our volunteers and handles pro bono cases arising from the clinic. It also helps pay for Hilgers House, the home of the Austin Bar from which the Foundation operates. So dust off your glass slippers because “Once Upon a Time” is sure to be an evening to remember. AL

Our silent and live auctions are returning, which will be showcasing vacation getaways, Austin FC and ZACH Theatre tickets, jewelry, and much more.

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BRIEFS New Members The Austin Bar welcomes the following new members: Caitlin Boland Emani Brown Ryan Brown

ABOVE (from left): Adler, Flores, Jung, Ratliff, Yeakel.

Sarah Eberhardt Kelly Gourley Ashley Hoff Amy Jiang Valentyna Kravchuk Dickinson Grace Lager Nicholas Lealos Trevor Mathes Alyse Munrose Madeleine Muselwhite Sophie Primeaux Julia Rausch Mary Reed Lindsay Richards Nathan Romo Andrew Schafer Kenneth Scott Mary Windham

ON THE MOVE Congratulations to Austin Bar member and former Austin Mayor Steve Adler, who has joined Fritz Byrne PLLC as partner. Adler will handle eminent-domain cases for the firm while also maintaining his teaching positions at St. Edward’s University, UT’s Lyndon B. Johnson School of Public Affairs, and Huston-Tillotson University. Congratulations to Austin Bar member Harry Jung, who has joined Fritz Bryne PLLC as an associate in its business and real estate section.

Congratulations to Fritz Byrne PLLC on the relocation of its offices to the historic Pierre Bremond House, 402 W. 7th St. KUDOS Congratulations to Austin Bar member Rep. Lulu Flores, who won the Texas Access to Justice Foundation’s Legislative Hero Award. The award recognizes legislators who have significantly advanced access to justice in Texas by assisting with the appropriation of funds and/or other substantive activities related to the provision of legal aid in the state.

Congratulations to Shannon Ratliff of Davis Gerald & Cremer PC, who received the Austin Chapter of the American Board of Trial Advocates’ Richard T. McCarroll Professionalism Award. Ratliff’s practice is primarily complex oil and gas, securities, and general commercial litigation. He also serves as a mediator and arbitrator. Congratulations to Austin Bar member Judge Lee Yeakel (Ret.), who won the 2023 Lifetime Achievement Award from Texas Lawyer. Judge Yeakel retired from the Western District of Texas earlier this year and joined King & Spalding as senior counsel.

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AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

OPENING STATEMENT

What I Did Last Summer: Part 3 Gathering Opinions on New Legal Writers

BY WAYNE SCHIESS, TEXAS LAW | LEGALWRITING.NET

n summer 2023, I interviewed 23 attorneys to gather input for improving my teaching of legal writing. This project built on a similar project I carried out in 2022, as described in this column last year.1 This column summarizes what I did and what I learned.

My Questions I sent these questions to the attorneys in advance: • What kind of work writing projects do you ask new lawyers to do? • What do you think of new lawyers’ writing abilities? • What are your biggest pet peeves or the most common mistakes you see? • What do you think of new lawyers’ ability to manage writing projects? • What are some changes or additions to law school legal-writing instruction you would recommend? What I Learned The most important thing I learned was that the type of writing new lawyers are asked to do varies widely—much more widely than I realized, especially when the new attorneys work for publicly funded or public-interest organizations. The building blocks of legal writing in first-year courses are objective analysis (often in the form of a memo) and persuasive argument (often in the form of a brief). But new lawyers are asked to do many, many kinds of writing. I will describe some here. Many attorneys assign these kinds of projects: • Traditional research memos, email memos, email correspondence, case summaries, CLE or presentation papers, PowerPoint presentations, editing others’ writing. 10

And, within certain practices areas, the following: • Administrative law: correspondence with complainants and complainees, demand letters, petitions, discovery documents, motions, settlement agreements, closing arguments, enforcement orders, administrative rules. • Civil litigation: demand letters, petitions, discovery documents, pre-trial motions, trial motions, proposed orders. • Criminal cases: pre-trial motions, trial motions, proposed orders. • Judicial writing: bench memos, recommendation memos, draft judicial opinions, onepage assessments of a case, summaries of grant-worthiness of a petition, oral-argument questions. • Legislative work: statutory reports and history documents. • Web-based legal advice and information for nonlawyers. Improvement According to my consultants, some new attorneys could focus better on their readers. They should know—or find out—what the reader knows and doesn’t know, what the reader wants, and what the reader needs. Some new attorneys could be better at managing projects and should check in after completing some research, ask informed questions, and stay in touch. They should communicate to avoid producing something that wasn’t wanted. In fact, I learned that finding the right amount of checking in and following up is a small but recurring problem—certainly understandable behavior by novices who don’t know much

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

New attorneys’ writing is not terrible or weak. It is generally good, is rarely poor, and is sometimes excellent. about the law or the way the employer’s organization works. And new attorneys may hesitate to ask questions for fear of looking uninformed. As a result, many of my consultants told me that they have built-in systems or policies for checking in and following up. At the word- and sentence-level, new attorneys sometimes write in a style that is wordy, complex, and poorly organized. They can do better, my consultants said, at focusing on concision and organization to save the reader time and effort: • State the point, conclusion, or recommendation early or right up front. • Use headings to enhance skim-ability. • Edit for concision: Remove unnecessarily formal or complex words, reduce legalistic tone, manage sentence complexity and length. Occasionally, new attorneys over-qualify their conclusions or hedge too much—they may be worried about taking a strong position. My consultants encourage new attorneys to be bold and let the senior attorney ask questions to test the conclusion. Recommended Changes The most common recommendations for changes or additions to the curriculum for first-year legal writing were for more of the following: • Quick-turnaround, short-response projects, particularly by email; • Practice editing your own or someone else’s writing;

• Opportunities to work with forms, models, and templates; • Opportunities to practice creativity in legal analysis (assign factual scenarios and legal standards that don’t fit a clear-cut analysis but that could be resolved with some creative thinking); • Practice with statutory interpretation; • Transactional assignments; • Practice going beyond prediction or conclusion (e.g., asking students, “How do we win?”). Ultimately, the most important thing I learned is that new attorneys’ writing is not terrible or weak. It is generally good, is rarely poor, and is sometimes excellent. That was wonderful to hear. Editor’s Note: This is Wayne Schiess’ final column for Austin Lawyer. His first “Opening Statement” column appeared in the July/August 2007 issue. Since then, he has consistently contributed to our magazine. His dedication to the improvement of legal writing has been invaluable to Austin Lawyer and its readers. From everyone at the Austin Bar, we sincerely thank you, Wayne, for your commitment! AL FOOTNOTE

1 What I Did Last Summer, Part 1, Austin Lawyer 21 (Dec. 2022 / Jan. 2023); What I Did Last Summer, Part 2, Austin Lawyer 25 (Feb. 2023).

AUSTIN YOUNG LAWYERS ASSOCIATION

AYLA GUEST COLUMN Revolutionizing Child Protection: The Birth of a Beacon for Change BY KRISTEN JONES, CENTER FOR CHILD PROTECTION

Kristen Jones is a communications and public relations specialist for the Center for Child Protection.

n the early 1990s, the realm of child protection was a disjointed labyrinth of communication that left both children and the community vulnerable to the horrors of child abuse. The system comprised a convoluted web of agencies, marked by a lack of comprehensive training and woeful communication. This patchwork approach posed a dire threat to the safety of children within Travis County. Child Protective Services (CPS) found itself tasked with the solemn responsibility of assessing the safety of homes where children were often victims of abuse within their own households. Simultaneously, law enforcement officers worked diligently to investigate crimes, identify perpetrators, and ensure the welfare of both the child and the community. However, crucially, these agencies operated in relative isolation, and their collaboration was often an afterthought, if it occurred at all. Moreover, the involvement of prosecutors frequently entered late in the process once the groundwork of the investigation had been laid. This sometimes resulted in cases that were missing vital evidence, direction, and the essential components necessary for advancement through the legal system, from grand juries to criminal courts. Child victims, already burdened by their traumatic experiences, were subjected to repeated interviews, often conducted by individuals lacking proper training in child development and 12

AYLA and Travis County Women Lawyers’ Association members recently volunteered with the Center for Child Protection, packing essentials kits and organizing the kids’ closet (L-R): Alisa Holahan, Alyse Munrose, AYLA President Sarah Harp, Laura Smith, Madison Donaldson, Meghan Kempf, Gabrielle Smith, Rachel Luna, Emily Morris, and Jenna Malsbary.

an understanding of the profound impact of trauma on a young victim’s mind. Amid this disheartening landscape, a series of tragic events galvanized the agencies involved into seeking a transformative path forward. Among the innocent victims was two-year-old Christopher Wohlers, whose harrowing ordeal of abuse at the hands of his mother’s husband marked a dark chapter in our community’s history. The signs of concern within the household were evident, and CPS was aware of the troubling circumstances. Yet, limited by the constraints of the existing legal framework and a lack of coordination between CPS and law enforcement, a pivotal decision was required: Send a letter or make a phone call to alert the authorities. A critical communication point, a letter was sent by CPS to law enforcement, and tragically the letter arrived too late. By then, Christopher had lost his life. Around the same juncture,

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

Travis County District Attorney Ronnie Earle was getting ready to attend a conference that would impact Travis County for years to come. Earle dedicated more than 30 years to his role as the district attorney of Travis County, gaining recognition for prosecuting prominent Texas politicians and advocating for the justice system. A true pioneer, Earle established the county’s inaugural Public Integrity Unit. Yet his deepest passion lay in advancing community

justice, a cause that aimed to combat crime through engaging the community in its own protection. Earle traveled to Huntsville, Ala., where he encountered the pioneering work of Bud Cramer, the Huntsville district attorney. Cramer had just laid the foundation for the very first Children’s Advocacy Center (CAC), an innovative model designed to minimize the re-traumatization of children by reducing the frequency of their traumatic recounts. Earle

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AUSTIN YOUNG LAWYERS ASSOCIATION returned to Austin profoundly inspired by this concept of CACs, and, in collaboration with influential women in the community, they formed the initial committee that would ultimately give birth to the Center for Child Protection. In 1992, the Center for Child Protection served its first child. Now, with over three decades of unwavering dedication, the center has solidified its status as a beacon of hope, symbolizing the community’s resolute commitment to safeguarding its children’s future. The journey began by establishing a secure, child-friendly haven where trained professionals conducted interviews with a paramount focus on minimizing trauma through a single, developmentally sensitive interview. At its core, the center’s mission is to reduce the trauma for children during the investigation and prosecution of crimes against children. As a non-profit organization operating within a facility-based framework, the center holds a unique distinction as the sole non-profit organization in Travis County actively involved in the investigation and prosecution of crimes involving children. Today, cases involving child sexual assault, children with severe injuries, and child witnesses to violence are approached with a newfound sense of coordination. The journey begins with collaborative case staffing, where all professionals involved convene for the forensic interview. This process, marked by ongoing staffing at various stages of a case, places a significant emphasis on the engagement of a prosecutor. A forensic interview is a non-leading, developmentally sensitive method of gathering information from children. Specially trained professionals conduct these recorded statements, ensuring legal defensibility. These interviews are initiated at the request of law enforcement or the Department of Family and Protective Services (DFPS). Through unwavering collaboration with other team members, the center is steadfast in its pursuit of preventing the re-victimization of children within the system. This is achieved by mitigating the trau-

ma associated with the interview process and significantly reducing the need for multiple interviews. Upon completion, these interviews are stored on VidaNyx, a secure video-evidence platform for child advocacy and prosecutors. Importantly, the center’s professionals have come together, co-locating on the Center for Child Protection campus, effectively creating a one-stop shop for families in crisis. “As a proud executive of the center for nearly 30 years, I’ve witnessed the true embodiment of hope firsthand,” said Cyndi Cantu, chief team relations and forensic of-

ficer at the center. “Seeing families be able to truly start their healing journey and pivot their lives in a new direction is an experience unlike any other.” Following the interview, the center extends a comprehensive array of multilingual services to children and their families that goes beyond forensic interviews, including educational prevention trainings, therapy, and medical care. Most notably, all these services are provided entirely free of charge for families.

By adopting a more collaborative and coordinated approach, the child protection system has grown stronger, providing a robust framework that ensures the checks and balances necessary for effective investigations while strengthening the case when abuse has occurred. This profound transformation of the child protection landscape within Travis County is a testament to the enduring dedication of the community to protect its most precious assets—its children. AL

DECEMBER 2023/JANUARY 2024 | AUSTINLAWYER

AUSTIN YOUNG LAWYERS ASSOCIATION

AYLA Wins Four ABA Awards of Achievement

he Austin Young Lawyers Association won four 2023 American Bar Association (ABA) awards – the most of any organization this year. AYLA won Most Outstanding Single Project – Service to the Bar for the 2022 Family Fall Festival. For Texas District 25, AYLA also won Service to the Public – Local Level – Division C for the 2022 Crawfish Boil Fundraiser. AYLA won Service to the Bar – Local Level – Division C for the 2022 Family Fall Festival. Finally, AYLA won the award for Comprehensive – Local Level

– Division C. The American Bar Association Young Lawyers Division (ABA YLD) presents the annual Awards of Achievement Program. This program is an opportunity for state and local young lawyer organizations affiliated with the ABA YLD to submit their best projects for evaluation and recognition by a jury of their peers. It is designed to encourage project development by recognizing the time, effort, and skills expended by young lawyer organizations in implementing public service and bar service projects in their communities.

Shivangi Mehta, Lex Townsley, Amy Welborn, Blair Leake, and Rudy Metayer at the 2022 Crawfish Boil.

Thank you to our members for attending these important fund-

raising events and for your continued support of AYLA! AL

Floyd Real Estate Wins AYLA Sponsor Award

loyd Real Estate, LLC has been awarded AYLA’s 2023 Sponsor Award! Floyd Real Estate is owned by AYLA sustaining members Dave Floyd and Sara Foskitt. In addition to being attorneys, they are both also real estate brokers. Floyd and Foskitt have both served on many different AYLA committees, taken part in the inaugural class of the AYLA/Austin Bar Leadership Academy, and served on the AYLA board. Additionally, Foskitt won the AYLA Mentor Award in 2012, and Floyd was involved with Bar & Grill from 2009 to 2013. They are delighted that being sustaining members of AYLA has allowed them to stay young, presumably in perpetuity (or at least for 21 more years past something or something). Floyd Real Estate is a traditional real estate brokerage, serving clients in both residential and commercial transactions. The brokerage has helped clients ranging from first-time home buyers to 14

seasoned investors and office and retail center purchasers. In addition to working with the brokerage, Foskitt runs a fee attorney office for Capstone Title, and Floyd is active with real estate-related organizations. This gives them both additional insight into the Austin-area real estate market, which they can leverage to help their brokerage clients. Since they started the brokerage almost 10 years ago, they’ve had multiple lawyer-colleagues join Floyd Real Estate as agents. The lawyer-agents either represent clients themselves or refer the business to the brokerage for a referral fee and let the principals in the brokerage handle the transaction itself. Floyd and Foskitt have also worked with attorneys to help sell properties in estates, receiverships, and divorces. Foskitt often mentors young lawyers, having come to Austin from Chicago not knowing many fellow attorneys. Floyd can frequently be found at AYLA events or having lunches with young lawyers seeking advice.

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

Dave Floyd and Sara Foskitt of Floyd Real Estate, LLC were awarded AYLA’s Sponsor Award for 2023.

Floyd and Foskitt love supporting and sponsoring AYLA fundraisers and community service events when they are able. Both Floyd and Foskitt would like to thank AYLA President Sarah Harp and AYLA Executive Director Debbie Kelly for this award.

From everyone at AYLA, thank you to Floyd Real Estate for your continued support of our programing, and congratulations! AL

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FEDERAL CIVIL COURT UPDATE

Jason LaFond is an Austin-based appellate litigator with significant experience before the Fifth Circuit. He is a Senior Counsel at Yetter Coleman, LLP.

The following are summaries of opinions issued by the Fifth Circuit in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.

> TAX INJUNCTION ACT: Act did not preclude residents on Lake Austin from suing to invalidate City of Austin ordinance subjecting their property to full taxation or from seeking compensation for the City’s alleged taking. Harward v. City of Austin, 84 F.4th 319 (5th Cir. 2023). The Tax Injunction Act bars district courts from “enjoin[ing], suspend[ing] or restrain[ing] the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.” The plaintiffs own shoreline properties on Lake Austin. They sued to challenge an Austin ordinance (1) repealing an earlier ordinance that had placed the properties in Austin’s “limited purpose” jurisdiction without taxation and (2) subjecting the properties to taxation without providing city services. The City argued that the Act bars the plaintiffs’ claims because the relief plaintiffs seek would restrain or prohibit its 16

tax collection. The district court agreed. The Fifth Circuit reversed as to some of the plaintiffs’ claims. Distilling Texas Supreme Court precedent, the court explained that applying the Act may proceed in multiple steps. First, for the Act to apply, the requested relief must to some degree stop the assessment, levy, or collection of state taxes. Second, the court considers whether the relief stopping an assessment, levy, or collection does so directly. If so, the suit is barred. But if the relief acts only indirectly on an assessment, levy, or collection, the court must make a more exacting examination to determine from the face of the taxpayer’s complaint whether the target of a requested injunction is a tax obligation. A court considers the effect of the law targeted, the law’s relationship to the tax, and whether the relief tries to circumvent a state’s “pay-now-sue-later” tax scheme. Applying those rules, the court concluded the Act does not bar the plaintiffs’ alternative claims for just compensation and for city services because that relief does not stop any assessment, levy, or collection. The court next found that— assuming the plaintiffs’ claims challenging the ordinance would indirectly prevent the City from assessing, levying, and collecting future taxes—the Act does not bar them because the challenged ordinance is not a tax but merely a prerequisite to taxation. The ordinance is several steps removed from actual taxation, its effect goes beyond taxes, and the plaintiffs would still have to seek a refund of taxes even if they prevail. Finally, the court held that the Act did bar the plaintiffs’ remaining claims that sought to control the City’s acts with regard to the Travis County Appraisal District (TCAD). The court found the remedies sought go beyond the ordinance to directly challenge taxing power by affirmatively precluding TCAD from assessing, levying, and collecting future taxes on the plaintiffs’ properties.

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

FIRST AMENDMENT: City curfew on sexually oriented businesses likely did not violate businesses’ freedom of speech. Ass’n of Club Executives of Dallas, Inc. v. City of Dallas, 83 F.4th 958 (5th Cir. 2023). After a sustained uptick in latenight violence around sexually oriented businesses (adult cabarets, bookstores, etc.), the City of Dallas enacted a city zoning ordinance barring those businesses from operating between the hours of 2 a.m. and 6 a.m. Owners and operators of the businesses located within Dallas city limits and their trade association sued, challenging the ordinance on free speech grounds. The plaintiffs argued that the ordinance is a content-based restriction on their speech and that Dallas enacted it without sufficient, valid, empirical information to support it. The district court largely agreed and preliminarily enjoined enforcement of the ordinance. The Fifth Circuit reversed. The court first considered the standard of review, rejecting plaintiffs’ argument that recent Texas Supreme Court decisions had overruled prior precedent. That earlier precedent held that a time, place, and manners regulation will be upheld if it does not directly target free expression, is designed to serve a substantial governmental interest, and allows for reasonable alternative avenues of communication. The court refused to apply Supreme Court precedent applying strict scrutiny to certain sign ordinances to these facts. The court further clarified that none of the reasoning from its earlier opinion, Reagan National Advertising of Austin, Inc. v. City of Austin, survived the Supreme Court’s reversal of that decision. Applying intermediate scrutiny, the court then focused on whether Dallas could reasonably believe that its evidence linked the businesses’ operation between 2:00 a.m. and 6:00 a.m. and the secondary effects targeted by the ordinance. Answering yes, the court faulted the district court for applying too strict a standard.

Very little evidence is required, the court explained, because Dallas must have latitude to experiment. Evidence is sufficient so long as it allows a reasonable inference. Finally, the court made clear that regulations need not be costless to satisfy intermediate scrutiny. So long as a significant amount of the desired speech remains available, the ordinance is valid. The plaintiffs still had reasonable opportunity to open and operate their businesses, which is all that is required. AL

THIRD COURT OF APPEALS CIVIL UPDATE

Laurie Ratliff is a former staff attorney for the Third Court of Appeals. She is board-certified in civil appellate law by the Texas Board of Legal Specialization and owner of Laurie Ratliff LLC.

The following are summaries of selected civil opinions issued by the Third Court of Appeals during October 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Nov. 7, 2023.

> FAMILY LAW: Court affirms fraud-on-the-community judgment. Rue v. Rue, No. 03-22-00758-CV (Tex. App.—Austin Oct. 6, 2023, no pet. h.) (mem. op.). The trial court found husband had dissipated over $600,000 in community property and awarded wife a disproportionate share of the community estate. In rejecting husband’s challenge to the

fraud-on-the-community finding, the court of appeals observed that intent to deceive is not required to prove constructive fraud. The court further noted that wife’s signing tax returns and mortgage documents did not prevent the presumption of fraud from arising. Wife denied knowing about the mortgage and explained that she routinely signed documents without inquiring into the details. As to the spousal maintenance award, husband argued wife was awarded sufficient property to meet her needs post-divorce. The court concluded that a spouse is not required to liquidate all available assets or incur new debt to meet short-term needs. The court affirmed. ARBITRATION: Court holds unsigned MSA’s arbitration clause is unenforceable. Thompson v. Thompson-Hamilton Eng’g Servs., LLC, No. 03-2200155-CV (Tex. App.—Austin Oct. 12, 2023, no pet. h.) (mem. op.). Hamilton and Thompson coowned Thompson-Hamilton Engineering Services, LLC. Hamilton sued Thompson after Thompson started a competing business and shifted prospective business to his new company. After mediation, the mediator circulated a draft mediated settlement agreement (MSA) that contained an arbitration clause for future disputes. The parties did not sign the MSA. The trial court denied Thompson’s motion to compel arbitration. The court of appeals rejected

Thompson’s argument that the parties did not have to sign the MSA to make it effective. According to the court, multiple provisions in the MSA expressed an intent for the parties to sign to make the agreement effective. The court held the MSA was unenforceable and affirmed. WORKERS COMPENSATION: Exclusive-remedy provision bars employee’s personal-injury lawsuit. Gonzalez v. Dynamic Motors, Inc., No. 03-21-00512-CV (Tex. App.—Austin Oct. 19, 2023, no pet. h.) (mem. op.). Dynamic employed Gonzalez as a car detailer and porter. Gonzalez was injured while assisting with a roof repair. Dynamic filed a workers compensation claim on Gonzalez’s behalf, and he received income benefits. Gonzalez sued Dynamic for negligence, contending he was not an employee when injured. The trial court granted summary judgment for Dynamic. Gonzalez argued that because roof repairs were not Dynamic’s business, when injured he was not engaged in the course and scope of the business and thus not an employee. The summary-judgment evidence established that Gonzalez’s job included “other duties as assigned.” The court of appeals held that the dispositive inquiry is whether Gonzalez’s employment—not the assigned task—was in the course and scope of the employer’s business. Because Dynamic proved

Gonzalez was an employee, his lawsuit was barred by the exclusive-remedy provision. The court affirmed. REAL ESTATE: Court modifies interest calculation and affirms foreclosure judgment. Penta v. Easy Street Capital, LLC, No. 03-21-00606-CV (Tex. App.— Austin Oct. 31, 2023, no pet. h.) (mem. op.). Penta appealed a judgment for Easy Street following his default on a personal guaranty of a loan. Penta challenged the trial court’s fair-market-value determination. The court of appeals observed that a factfinder can reasonably select a fair market value within the range of competent value evidence. The parties presented a range of valuation evidence, including Easy Street’s expert and Penta’s use of the Travis County Appraisal District’s appraised values. According to the court, the trial court reasonably departed from the valuation witnesses and relied on the actual sales prices after foreclosure. The court agreed, however, with Penta that the note’s heightened interest rate applied only after maturity. The court held that the trial court erred in retroactively applying the higher rate before Penta defaulted. The court modified the judgment and affirmed. AL

DECEMBER 2023/JANUARY 2024 | AUSTINLAWYER

THIRD COURT OF APPEALS CRIMINAL UPDATE

Zak Hall is a staff attorney for the Third Court of Appeals. The summaries that follow 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 from June 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Nov. 1, 2023.

> POLICE INTERROGATIONS – TRANSLATION ISSUES: Trial court did not abuse its discretion by admitting police-interrogation video over defense objections regarding the accuracy and constitutional adequacy of the interrogation translation. Gonzalez v. State, No. 03-2100104-CR (Tex. App.—Austin June 8, 2023, no pet.) (mem. op.). Gonzalez, a Spanish speaker, was charged with murder. Police interrogated him at the crime scene using a translator. One of the officers testified that, during the interrogation, he came up with the questions while another officer translated both the questions and Gonzalez’s answers. This officer, although fluent in Spanish, was not a certified translator and was not “doing a word for word interpretation” but rather “a summary.” The officer testified that he had spoken Spanish “[p]retty much [his] whole life,” that Spanish was spoken in his home, that he 18

was able to speak and write Spanish, that he took Spanish classes in high school and as part of his police licensing process, that he translates for the police department two to four times a month, that he is “[f]or the most part” comfortable translating Spanish to English, and that he speaks a “TexMex type” of Spanish, which is what he encounters in his dayto-day activities. He also testified that he read Gonzalez the Miranda warnings in Spanish from a card, that he tried to translate word-for-word, that it ended up being “more of a summary,” that he was able to “communicate effectively” with Gonzalez, and that there were no “misunderstandings.” On cross-examination, Gonzalez elicited testimony from the officer tending to show that the translation might not have been entirely accurate. Gonzalez objected to the accuracy and constitutional adequacy of the translation, and the trial court overruled the objections. On appeal, Gonzalez contended that the trial court erred “when it admitted a summarized translation of [his] statement by an unqualified police officer rather than a competent certified translator.” Specifically, he asserted that the translation provided during the interrogation was constitutionally inadequate and inaccurate. The court rejected both contentions. Regarding constitutional adequacy, the court explained that “the constitutional right to adequate interpretive services is a trial right designed to ensure that a defendant can understand and participate in the proceedings in a meaningful way.” There was no right to a constitutionally adequate interpretation during a preindictment police interrogation. To the extent that the admission of the translation might have violated Article 38.30 of the Code of Criminal Procedure or Rule 1009 of the Texas Rules of Evidence, both relating to translations, Gonzalez failed to preserve error on those issues. Regarding the accuracy of the translation, the court observed that a challenge to the accuracy of a translation is an issue of fact

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

that must be settled by the trier of fact and “is not reviewable by this Court.” The court explained, “An appellate court can no more determine whether a translation is accurate or which of two translations is more accurate, than it can determine which of two witnesses is telling the truth, or which of the two is more truthful.” INJURY TO A CHILD – LESSERINCLUDED OFFENSES: Evidence that was insufficient to support conviction for injury to a child was sufficient to support conviction for lesser-included offense of endangering a child. Edwards v. State, No. 03-2000138-CR (Tex. App.—Austin June 23, 2023, no pet.) (mem. op. on remand). Edwards was convicted of injury to a child for causing her daughter to suffer serious mental deficiency, impairment, or injury by allowing her to ingest cocaine. The Court of Criminal Appeals concluded that the evidence was

insufficient to support the conviction and remanded the case to the intermediate court to address whether Edwards’s “conviction could be reformed to some lesser-included offense” under the analysis provided in Thornton v. State, 425 S.W.3d 289 (Tex. Crim. App. 2014). The appellate court concluded that the offense of endangering a child satisfied both prongs of the Thornton analysis. First, in the course of convicting Edwards of injury to a child, the jury must have necessarily found every element necessary to convict the appellant for endangering a child. Second, the evidence was sufficient to establish that Edwards recklessly allowed the child to access and ingest cocaine when she was younger than 15 years old and that this conduct placed her in imminent danger of mental impairment. The court modified the trial court’s judgment to reflect a conviction for the offense of endangering a child and remanded the case to the trial court for a new punishment hearing on that offense. AL

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Decriminalizing Mental Health in Travis County: Part 5 This is the fifth in a series of eight articles about the Travis County Forensic Mental Health Project.

he Travis County Forensic Mental Health Project delivered its recommendations to the Travis County Commissioners in March 2023. The goal of these recommendations is to provide solutions other than jail to address mental health and substance abuse disorders in the county. Recommendation #4 The Project’s fourth recommendation is to increase the number of certified peer support specialists (CPSSs) in Travis County. A peer support specialist is defined by Texas Health and Human Services as someone “with lived experience from mental illness or addiction. By combining this experience with skills learned in formal training, peer specialists deliver services in behavioral health settings to support long-term recovery.”1 Peer support services can be covered by Medicaid if the support specialist is certified by the Texas Certification Board (TCB). The Travis County Sheriff’s Office (TCSO) currently has one CPSS employed through the Via Hope program. This program also offers up to two unpaid internship positions. Integral Care has up to six CPSS positions available. The Austin State Hospital has several CPSSs employed, as well as a director of peer support services. “To a person unfamiliar with the system, this current (number of CPSSs) may seem sufficient,” the recommendation document says.2 “However, each certified peer is most effective with a caseload of roughly 20 individuals or less.” The Project analyzed data from the Texas Institute for Excellence in Mental Health and found “roughly 880 certified peers through the Texas Certified Board, and there are roughly 30,000 certified peers nationally, according to Mental Health America.”3 “(30,000) represents less than half 20

a full-time employee per 100,000 people in Texas,” the document says. TCSO estimated they would need eight to 12 additional CPSSs to meet the needs of the jail population and those transitioning from jail to the community upon release. Via Hope’s pilot CPSS program at TCSO was rated very favorable, according to a survey of 29 inmates at the Travis County jail.4 Based on a scale of 0-100, the mean ratings for TCSO’s CPSSs were: • 95.97 – how well the inmates felt heard and understood • 96.48 – how much they felt they could talk about the things they wanted to talk about • 97.79 – how well they felt supported • 94.07 – working with the CPSSs overall “The National League of Cities reported that Wayne County, Michigan’s Third Circuit’s peer supports resulted in a recidivism rate below 10 percent compared to more than the 30 percent in the remaining jurisdictions,” the document says.5 The most effective CPSSs are those who have experiences similar to the people they’re working with, the document says. One issue with increasing the number of CPSSs in Travis County is disqualification based on criminal history. “Precluding people who have served time in jail or prison, and have successfully re-entered the community, eliminates those individuals

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

with the most relevant experience to the current project goals,” the document says. “Currently, an individual who was previously incarcerated is unable to apply to become a certified peer specialist until at least three years have passed from release, with some being prohibited for up to 10 years, depending on the conviction.” Many of the requirements to become a CPSS are guided by the Texas Administrative Code. TCB has proposed creating an exceptions committee, consisting of active CPSSs, who will review exception requests submitted by individuals who have undergone and failed the background checks required to become a CPSS. TCB would request the individual submit a certification exception request to the board, which would note the date of receipt and forward the request to the chair of the proposed exceptions committee. The chair of the committee would then contact the committee members to schedule a time to discuss and review the exception request before deciding whether to approve the application for exception. The proposed exceptions committee would consider the following factors in deciding whether to approve an exception application: • The age of the offense (length of time since the offense occurred); • The level of severity of the offense;

• Prior offenses of the same nature; and • Other relevant information, such as character references. References must be individuals with direct specific knowledge of character of the person in question. The letters must speak to demonstrated rehabilitation since the offense. If approved, TCB would notify the applicant in writing, along with the next steps to complete an application for certification. If denied, TCB would notify the applicant in writing, along with the steps to file an appeal. If the applicant intends to appeal the decision, the individual must respond to the determination letter indicating their intent to appeal within 10 business days of receiving the determination letter from TCB. If the person does not respond within this timeframe, their right to appeal will be waived. Appeals take place before TCB’s Executive Committee/Appeals Review Committee. The committee has five business days from receipt of the appeals form to review the case to determine the appropriateness of the decision. If the appeals committee finds the exception committee’s decision was reasonable, the applicant will be notified in writing within three business days. If the exception committee’s

determination was not reasonable and the exception should be approved, the applicant will be notified within three days. The decision of TCB’s Executive Committee/Appeals Review Committee will be final. “We recommend that the county review the criminal background requirements for certified peer specialists in a jail setting and adjust to decrease the prohibitive nature of such requirements,” the document says. Currently, the Texas Administrative Code does not allow TCB to certify or renew the CPSS application of individuals convicted or placed on community supervision for the following offenses: • Capital offenses • Sexual offenses involving minors • Felony sex offense involving adult client • Multiple felony sex offenses involving any adult • First-degree homicide6 The Code allows TCB to certify or renew the CPSS applications of individuals convicted of the following offenses to apply to become CPSSs after 15 years have passed: • Kidnapping • Arson • Homicide (lesser degrees) • Felony sex offense involving any adult • Attempting to commit kidnapping or arson The Code allows individuals convicted of the following offenses to apply to become CPSSs after 10 years have passed: • Any felony that results or might result in physical harm to others or animals The Code allows individuals convicted of the following offenses to apply to become CPSSs after five years have passed: • Class A misdemeanor alcohol and drug offenses • Class A misdemeanor offenses that result or might result in physical harm to others or animals • Felony alcohol and drug offenses • Any other unlisted felony The Code allows individuals convicted of the following offenses to apply to become CPSSs after three years have passed: • Class B misdemeanors that

result or might result in physical harm to others or animals The Project only recommends lessening the requirements for individuals convicted of 10year offenses or less. How those requirements should be lessened is not specified. “Experiences from other organizations and centers suggests that for every $1 invested in peer support specialists, about $2 are saved from the overall system,” the document says, citing a document from Mental Health America.7 If this recommendation is implemented, the Project suggests the county also track these investments

to understand where savings occur in order to make the best decisions regarding reinvestment to perpetuate the expanded CPSS program. As noted previously,8 the ability to make these types of assessments will be critically reliant on improved data management and technology. AL FOOTNOTES

1 https://www.hhs.texas.gov/providers/behavioral-health-services-providers/peer-support-services/aboutpeer-support-services. 2 h t t p s : // c i v i c c l e r k . b l o b . c o r e . w i n d o w s . n e t /s t re a m / T R AV I S COT/956f1347-2fce-43cb-b1eeba892db89ae7.pdf?sv=2021-1004&st=2023-03-10T20%3A32% 3A33Z&se=2024-03-10T20%3A

37%3A33Z&sr=b&sp=r&sig=Xdt3nX8msg9WIQY1UAau8pz%2BnkTL99yWLmKOTf%2BHLgQ%3D. 3 h t t p s : // w w w. m h a n a t i o n a l . o rg / peer-workforce#:~:text=Current%20 workforce%20estimates%20 show% 20over,i n% 2 0 w hi ch% 2 0 peers%20serve%20people. 4 https://utexas.app.box.com/s/pbfneya9awzgu3g43wxpy3byfkcsu5p7. 5 https://www.nlc.org/wp-content/ up4 loads/2020/10/Peers_Support_ Brief_v3.pdf. 6 RULE §354.3201 subsection (d) (e) 7 https://www.mhanational.org/sites/ default/files/Evidence%20for%20 Peer%20Support%20May%202019. pdf. 8 Decriminalizing Mental Health in Travis County, Part 1, Austin Lawyer (July/ Aug. 2023).

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Gen Z-er Here:

I’m an Avid Listener of the Council of Firsts Podcast BY CAROLINE LEAL, BOTKIN CHIARELLO CALAF PLLC

Caroline Leal recently graduated from The University of Texas at Austin with a degree in English/Liberal Arts Honors and a minor in Government. She currently works as a legal assistant at the law firm Botkin Chiarello Calaf PLLC while organizing events for the legal organization Cafecítos and applying to law schools.

ustin Bar Foundation Chair Amanda Arriaga was the featured guest of a fireside chat on Oct. 16 at Hilgers House. The focus of the chat was Amanda’s initiative as president of the Austin Bar, “Council of Firsts,” which later became the name of her podcast, and her support for diverse “firsts” in the Austin legal community. I originally came across Amanda’s podcast to support my friend and mentor, Maria Amelia Calaf (MAC). In her episode, MAC spoke about her transition from the New York law scene to Texas and how, after discovering no specific space for Latina lawyers to bond and net-

work, she led the creation of Austin’s chapter of Cafecítos. The group first aimed to meet every so often to catch up over breakfasts, but it has expanded to include personal development events, such as professional workshops and speed networking with college students. The episode, rich with information and anecdotes from both interviewee and interviewer, was also surprisingly easy, fun, and engaging to listen to—which is a high compliment coming from the perspective of a Gen Z kid like me. Tackling the usually heavy issue of having to step up to be the diverse “first” in a professional field can be daunting, but Amanda cultivates an inviting atmosphere that encourages speakers to set aside the formality of their “firsts” and speak candidly from their truths. I found it impossible to listen to just one episode. As a first-generation Latina college graduate from the Rio Grande Valley who is currently applying to law school, promoting diversity and inclusivity in the legal field has been close to my heart. I’ve witnessed the importance of cultivating and growing diversity-prioritized organizations because they are the ones who have guided, informed, and shaped my pre-law journey

when other avenues fell short. And, in the wake of movements and rulings that push for colorblindness, it’s all too easy to feel demotivated and as though the unique barriers we face due to our identities do not exist. So, I get very hyped about supporting any organizations that support diverse pre-laws, such as the undergraduate Austin Minority Women Pursuing Law group at The University of Texas, even past my graduation from college. I sought to do similar work helping MAC in Cafecítos when I discovered that even seasoned lawyers crave the interconnectedness and community that, for the most part, only diverse organizations can provide. In my efforts to learn more about their needs, I kept listening

FRONT (L-R): Veronica Valenzuela, Deborah Trejo, Sandra Avila Ramirez, Amanda Arriaga, Sherine Thomas, Caroline Leal. MIDDLE (L-R): Susana Castillo, April Lucas, Maria Amelia Calaf, Selena Alvarenga, Kimberly Flores. BACK (L-R): Nadia Bettac, Kimia Chitsazan, Mary Henderson, Dominique McLeggan-Brown, Gisela Triana, Maria Cantu Hexsel.

to Amanda’s podcast. I was astonished by the numerous “firsts” achieved in recent years in Austin, despite it being arguably the most progressive area in Texas. I was so captivated by these leaders that I tuned in to episodes during my daily commutes, LSAT study sessions, and even while suffering through my laundry loads. As I delved deeper into the podcast, I not only discovered

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new individuals but also gained a deeper appreciation for those I already knew, like Judge Dimple Malhotra, with whom I interned one summer ago, or Judge Hilda Tagle, whom I had the pleasure of meeting over a Cafecítos breakfast. Yet, in the episodes, we only catch hints of the tremendous work that Amanda has been involved in throughout her life. Of course, her focus in the podcast is to speak to her guests about their lives, but I always wondered about her perspective as a “first” and how she evolved from a first-gen Latina from the Valley to being president of the Austin Bar. So, I was over the moon when MAC and other Cafecítos members embraced my proposal to shift that spotlight and interview Amanda for a special event. With the backing of the Austin Bar Foundation and the Travis County Women Lawyers’ Association, along with Sandra Ramirez Avila reaching out to graciously volunteer to be the interviewer, the event became a reality. While I had initial anxieties

about co-hosting my first fireside chat, the comforting energy from being around Latinas brought much-needed ease to my worries. Before the event and the arrival of the entourage, Amanda treated us to an insider tour of Hilgers House. As we explored the old building, we shared a laugh over the realization that Valley folks always manage to find each other in a crowd—Amanda, Sandra, and I all hail from the Rio Grande Valley (McAllen, Weslaco, and Edinburg, respectively). It was surreal to find familiarity among people I’d admired and researched. In a packed, intimate room that held students, judges, litigators, and more, Amanda spoke to us as if we were old friends. The casual atmosphere of the event allowed us all to inch close to each other, gasp at dramatic details, and laugh at ridiculous situations together. She was very honest about how Austin Bar operations work, what didn’t work, and what needed to be done for the future, but she also wasn’t afraid to get personal and speak about her struggles with identity.

She mentioned that she didn’t even realize her accomplishment of becoming the first Latina president of the Austin Bar until someone mentioned it to her in passing. She was bewildered that others could be similarly living without recognition of their achievements in overcoming the odds. Sandra was quick to meet Amanda’s anecdotes with attentiveness and reflection that invited other people in the group to speak up, share their own experiences, and commend Amanda’s efforts. When the conversation turned toward Council of Firsts, Amanda expressed how she wished for the podcast to last beyond her time with the Bar and maybe even be taken to a national scale. She didn’t shy away from sharing her appreciation many times for the women in the room who were featured as podcast guests, of which there were several, and shared how their stories continue to stick with her so prominently. I feel I learned more about Amanda than I would have ever known from the podcast alone, and that the event was a resounding success for all who attended.

After the fray of women parted ways for the evening, I was able to catch Amanda and let her know just how much her words about belonging struck a chord with me. In the inspiring stories and conversations I encountered through her podcast, I found not just a source of knowledge and connection but a reaffirmation of the importance of nurturing diverse and inclusive communities within the legal profession. As I continue my journey toward law school and beyond, I hope that “firsts” continue to be championed wherever they go, much like the individuals I’ve had the privilege to learn from. It’s a reminder that our unique experiences should be celebrated and leveraged as strengths, not hidden away. Here’s to a future where the legal landscape continues to be enriched by diversity and the power of unity, one podcast episode at a time. New episodes of Council of Firsts are released every Tuesday and are available through YouTube, Apple Podcasts, Spotify, and the Austin Bar website. AL

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What Does Your Billing Say About You? Demonstrating Value in Legal Billing BY BRIAN LEVY, LYNCH LAW FIRM, PLLC

Brian Levy is an employment and commercial litigation attorney with the Lynch Law Firm, representing employers before state and federal trial and appellate courts and administrative agencies.

illing in the legal profession is a fundamental aspect of the attorney-client relationship, and it serves as a tangible reflection of the services provided. As lawyers, we invest significant time, effort, and expertise into our clients’ work, and they must perceive the value in the services rendered. The bill we send to a client is not just a financial transaction; it is a powerful communication tool that can either foster trust and satisfaction or lead to misunderstandings and dissatisfaction. This article explores the importance of transparent and detailed legal billing as a means of effectively conveying the value of legal services, enhancing client relationships, and ensuring fairness in compensation. The Art of Legal Billing When an attorney drafts a motion for summary judgment or undertakes any legal work, it often involves extensive research, analysis, and drafting. This work may seem self-explanatory to the attorney, but to the client, it might appear as a mysterious, monolithic charge on their bill. Clients are not paying for abstract legal concepts; they are paying for the tangible work that goes into their case. Therefore, legal bills should go beyond merely mentioning the task performed and should break down the topics researched, as well as the sections drafted. 24

For example, instead of billing “draft motion for summary judgment,” the bill should detail the specific components, such as “legal research on case precedent related to summary judgment procedures,” “draft the statement of undisputed facts,” and “prepare the damages section of the memorandum of law in support of the motion.” This breakdown not only clarifies the attorney’s efforts but also educates the client about the complexities of their case. The value of our work should be viewed through the eyes of the invoice beholder. Transparency and Client Satisfaction A transparent and detailed bill is not just about ensuring that clients know what they are paying for; it’s also about making clients feel like they are getting value for their money. Clients want to see a clear connection between the work performed, the fees charged, and the results achieved. When a bill provides a comprehensive breakdown of tasks, clients can better appreciate the time and expertise invested in their case. This transparency can lead to increased client satisfaction, as clients are more likely to perceive the fairness and value of the services rendered. In contrast, vague or ambiguous billing can create frustration and mistrust, potentially damaging the attorney-client relationship. This is true even when a client receives their desired outcome. Demonstrating Value-Add Legal services are not commodities; they are unique solutions to complex problems. Lawyers offer their clients a wealth of knowledge, experience, and strategic thinking that extends beyond the physical tasks performed. Therefore, a legal bill should not just be a list of tasks but should also incorporate a nar-

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

rative that showcases the attorney’s expertise and the strategic decisions made during the case. For instance, in the context of a motion for summary judgment, the bill can include explanations of the legal strategy employed, key legal arguments, and how the attorney’s approach differs from standard practice. This narrative not only highlights the attorney’s value but also helps the client understand the depth of their legal representation. The Bill as a Dialogue Legal billing should not be a oneway communication; it should be a dialogue between the attorney and the client. When a client receives a bill that is clear, transparent, and comprehensive, it invites questions and discussions. Clients may seek clarifications, request additional information, or provide feedback on billing practices. This dialogue is an opportunity for attorneys to demonstrate their commitment to client satisfaction and to address any concerns promptly. It fosters trust and transparency, reinforcing the attorney-client relationship. In the legal profession, the bill an attorney sends to a client is more than just a financial statement; it reflects the attorney’s work, exper-

tise, and commitment to client satisfaction. Transparent and detailed billing practices not only ensure that clients understand what they are paying for but also demonstrate the value of the attorney’s services. When clients perceive the fairness and value in their legal bills, it increases satisfaction and trust in the attorney-client relationship. Legal billing should be seen as a two-way dialogue, encouraging clients to engage with their attorneys, seek clarifications, and provide feedback. This dialogue enhances communication, builds trust, and ultimately contributes to a stronger attorney-client relationship. Therefore, it is imperative for attorneys to approach billing not as a transaction but as a means of conveying their dedication to their clients and the value they bring to each case. In the end, what your bill says about you as a lawyer can significantly impact your reputation, client retention, and overall success in the legal profession. AL

Richard Pena Leads U.S. Legal Delegation to Ireland BY RICHARD PENA, LAW OFFICES OF RICHARD PENA, P.C.

n October 2023, I was pleased to lead a delegation of 16 lawyers and guests who traveled to Ireland at a unique time in its history with the goal of strengthening and supporting the bonds between the legal communities of the United States and Ireland. We had a particular focus of discussing the conflicts Ireland has endured and the conflict resolution process that brought about the current delicate peace. The road to peace, we found, was very difficult and paved with animosity, dislike, violence, and bloodshed. We went to discover the truth about this conflict, and in the end made large strides toward that goal. After a 30-year conflict, referred to as the Troubles, Northern Ireland and the Republic of Ireland arrived at the Good Friday Agreement on April 10, 1998. This agreement effectively stopped the violent 30-year conflict between the two sides. The goal of the “unionists” was to remain part of the United Kingdom. This territory is referred to as Northern Ireland and is still mostly Protestant. The goal of the “nationalists,” also known as “republicans,” was to become part of the independent Republic of Ireland, which is mostly Catholic. However, we found that this was not a religious conflict but rather one of national identity and territorial belonging. We found that the violence was carried out mainly by paramilitary forces, security forces, and British soldiers on behalf of the unionists; and the Irish Republican Army (IRA) on behalf of the nationalists. We were witnesses to the deep feelings still harbored by both sides. Killings during the Troubles exceeded 3,600, and it is estimated that at least 50,000 people were physically injured or maimed. We were told that the Good

Friday Agreement was brokered primarily by U.S. Sen. George Mitchell, President Bill Clinton, and British Prime Minister Tony Blair, and took two years of negotiations. This agreement stopped the violence but not the deep feelings, resentment, and even hatred on both sides. Our delegation concluded that it may take another generation for these feelings to subside. We found Ireland to be a beautiful country and now understand why it is called the Emerald Isle. We began our journey in Dublin in the Republic of Ireland, then went to Belfast and Derry in Northern Ireland. We found these cities to be treasures with open, caring people who have suffered much and who welcomed us warmly. We met with Irish people going about their everyday lives, lawyers, policymakers, law school professors, bar association leaders, nuns who were witnesses to the Good Friday Agreement, members of Parliament, and combatants of the Troubles from both sides who had served time in prison for their actions during the Troubles. We learned about the roles of the IRA and the British security forces, such as the British Army, in the conflicts and about the numerous ceasefires and agreements, as well as Bloody Sunday. Along with our guests, we also took time to partake in the enduring culture of Ireland, such as having a traditional Irish bread-making session at Tracy’s Farmhouse, and scenic tours of Belfast and Dublin. The guests enjoyed a visit to the Titanic Museum and were shown how the Titanic was made. They had high tea and much more. The entire trip was magical and memorable to all of us that went. Among the meetings that especially stand out in my mind are: the president of the Law Society of Northern Ireland; Martina

Purdy and Elaine Kelly—two nuns with firsthand experiences of the Troubles and the Good Friday Agreement; members of the Northern Ireland Assembly—one of whom was a political prisoner and former British soldier; and the energetic professors at Queens University Belfast School of Law. We also attended a panel discussion with the leading civil rights lawyer in Ireland, Padraig O’ Muirigh. Of course, we were all moved during our walk along Peace Wall, which divides the nationalist and unionist areas in Belfast, and we were told that the wall brings security by preventing flare-ups of violence by the two sides. Our delegation traveled to Ireland at a historic time as the House of Commons in London had just passed a highly controversial bill referred to as the Legacy and Reconciliation Bill. During the Troubles, Protestants and Catholics fought against each other, but this bill has united Protestants and Catholics against it, as it prohibits legal remedies for the families of those killed during the Troubles on both sides. Currently, there are 1,800 unsolved Troubles-related deaths in

Austin Bar members Judge Orlinda Naranjo (front, center), Richard Pena (second from right, second row), and Randy Chapman (left, back row) attended Pena’s legal delegation to Ireland in October 2023.

Northern Ireland, including 1,400 pending police investigations. Instead of judicial accountability, an independent commission will be formed that can provide conditional immunity to perpetrators who step forward and offer self-incriminating evidence. Emotions are high over the passage of the bill, and, contrary to the stated purpose, it does little to put the past behind the Irish people. Ireland is a beautiful and complex country full of genuine, caring people who have suffered much and are struggling to put the past behind them. Everyone we talked to said they do not want to go back to how it was and are very mindful of the delicate peace. Special thanks goes to the wonderful delegates who were excellent representatives of our legal community; to my co-leader, Carolyn Malley Pena; and to Nanda Journeys, which did an outstanding job in arranging meetings and coordinating our adventure. AL

DECEMBER 2023/JANUARY 2024 | AUSTINLAWYER

Austin City Council Begins Efforts to Ban Construction of Windowless Apartment Buildings

Jillian Garza is an intern at the Austin Bar Association.

indowless bedrooms are illegal. Right? The issue is apparently not so cut-anddry, much to the dismay of thousands of university students living in downtown Austin. Due to certain loopholes found in the 2021 International Building Code, the code that the City of Austin follows, so-called “luxury” student apartments can legally exclude windows from their apartment bedrooms. As per the Code, a room must have access to “natural light or artificial light.”1 According to The Daily Texan, many popular student apartments, including Villas on Rio, Legacy on Rio, and Ion Apartments, have up to 50 percent of their rooms with no windows.2 Other apartment complexes that include windowless bedrooms are 21 Rio, Waterloo Tower, Torre Student Living, and Rambler Apartments. Coincidentally, all of these apartments promise “high end” features and “resort” like amenities. “Not having a window in my bedroom made me feel isolated,” said Antonio Gonzalez, a UT computer science major. “It really messed with my mood and sleeping patterns,” he said. “My internal clock is much better now that I have natural light coming in through in the morning.” Gonzalez, who is also a former military veteran, was living at Torre Student Living along with five other roommates. His room was the only one without a window. Many students often seek advice on the r/UTAustin subreddit about whether or not windowless living is worth it. “Would you live in a windowless room on West Campus for an entire year?” asked an unnamed student. Yasmin, a biology student at UT, responded: “I’ll just say 26

that I signed a one-year lease for a small windowless room during fall 2021-spring 2022, and now I am on anti-depressants.” “It’s an unspoken term of the lease agreement that you also become vitamin D deficient,” Yasmin joked when I reached out for further comment. She was living at the Legacy on Rio. Despite many students finding humor in the situation, District 9 Austin City Councilmember Zohaib “Zo” Qadri finds the issue no laughing matter. Qadri, who represents the West Campus area, sponsored a resolution to begin the process of closing the loopholes that allow the construction of windowless units. The Austin City Council approved the resolution this past September, and Qadri is making sure the proper steps are being taken to ensure these codes are changed. However, the process will not happen overnight, Qadri told CBS Austin.3 Since 2004, the city has taken major steps to turn the West Campus area into a “high-density” neighborhood by approving zoning changes. Since then, multiple old buildings and businesses have been demolished in favor of these new high-rise apartment buildings. One of the most recent examples of this was the relocation of an old Austin staple in West Campus, the bar Cain and Abel’s. The bar, which has now been relocated two blocks down from the original, is set to be replaced with a 30-story student housing building that is currently being constructed. The issue of windowless apartments seems to have appeared since these efforts to redevelop West Campus began. Many professionals and organizations have been outspoken about their disapproval. Juan Miró, a UT professor who wrote an article about the trend of windowless apartments in the West Campus area in Texas Architect Magazine, finds the

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

Photo courtesy of @utforhousingtransparency on Instagram.

BY JILLIAN GARZA, AUSTIN BAR ASSOCIATION

issue embarrassing to the community, calling it “poor architecture.”4 “This essay is an effort to rally support from architects,” Miró wrote. “For many of us, it is mind-boggling that we are even having this debate in Austin today. It is a non-issue in most large cities where windowless rooms were banned, in some cases, more than 100 years ago.” This rising trend of windowless bedrooms in the West Campus area has garnered national attention from the architectural community, with stories about the area being highlighted in Architectural Digest5 and The Architect’s Newspaper.6 Miró also highlighted the mental health crisis that has arisen among college students that has only gotten worse since the rise of windowless apartments. “Living in a windowless room negatively impacted my mental health,” said UT student Gustavo Meza. “It made it difficult for me to start my day, and I eventually had to buy and program a smart lightbulb to turn on along with my alarm clock. That made the situation a bit better.” Meza, who is an engineering student at the Cockrell School of Engi-

neering, continued that despite the cheaper cost, he did not recommend that anyone live in a windowless bedroom. In an effort to make students more aware of the negative effects of windowless living, UT student Kayla Quilantang has created the Windowless Bedroom Initiative as president of the Undergraduate Architecture Student Council. Quilantang informed me that she actually wrote a letter to Councilmember Qadri, encouraged by Miró. Within two weeks, the resolution was passed. Her windowless bedroom initiative also sent the councilmember a petition, which garnered 800 signatures from students, parents, alumni, and professors in just three days. Quilantang also used social media as a way to maximize outreach, posting her petition to @utforhousingtransparency, an Instagram page dedicated to “improving accessibility of housing information for fellow Longhorns.” “Higher density apartments started advertising rooms with windows as ‘premiums and upgrades,” Quilantang said. “But a window is human right.”

With the resolution by Councilmember Qadri underway, Quilantang says that this victory has only encouraged her and her fellow students to explore more issues. One such issue is what to do with already-established windowless apartments once the construction of them is banned, as well as establishing administrative offices at UT for students devoted to housing issues. She encourages pre-law students, current law students and law alumni to get involved with the issue. “I am glad this story can reach an audience that can get involved in ways students cannot,” Quilantang said. For more information, you can follow the @utforhousingtransparency Instagram page, as well as reach out to the UT School of Architecture. AL FOOTNOTES

1 2021 International Building Code (IBC): ICC Digital Codes, § 1204, paragraph 1. 2 h t t p s : / / t h e d a i l y t e x a n . com/2023/09/14/austin-city-council-approves-windowless-housing-resolution-preventing-construction-of-new-windowless-bedrooms/. 3 https://cbsaustin.com/news/local/ austin-city-council-beginning-process-to-end-windowless-apartment-loophole. 4 https://magazine.texasarchitects. org/2022/09/08/windowless-bedrooms-should-never-be-an-optionlets-ban-them-for-good/. 5 https://www.architecturaldigest. com/story/wait-are-windowlessbedrooms-going-to-be-a-thing. 6 h t t p s : // w w w . a r c h p a p e r . com/2022/10/windowless-dorm-rooms-proliferating-exacerbating-a-growing -stu dent-mental-health -c risis-they-should-be-banned/.

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Marcy Hogan Greer Alexander Dubose & Jefferson LLP Marcy Hogan Greer is the managing partner of Alexander Dubose & Jefferson LLP, a nationally recognized appellate boutique firm. She has been acclaimed for her work in federal and state trial and appellate courts throughout the country. Greer received the 2021 Gregory S. Coleman Outstanding Appellate Lawyer Award from the Texas Bar Foundation, which honors Greg Coleman’s legacy to the appellate bar, requiring that the recipient demonstrate an outstanding appellate practice while maintaining a strong commitment to providing legal services for the underserved, dedication to mentoring young attorneys, and a strong moral compass to guide both professional and personal pursuits. She also received the 2022 Pro Bono/Community Service Award from the University of Houston Law Center Alumni Association. Greer has been board-certified in civil appellate law by the Texas Board of Legal Specialization since 1997. In addition, she has been a member of the State Bar Pro Bono College for almost all of her career, which requires at least 75 hours of pro bono work each year. She is currently representing her second death-row inmate, for whom she has obtained orders staying execution and permitting DNA testing and reanalysis in order to support a claim for actual innocence. In June 2017, Greer received the Louise B. Raggio Award, given

by the State Bar’s Women and the Law Section to recognize an attorney who has actively addressed the needs and issues of women in the legal profession and in the community. She also served as the lead pro bono partner with Texas Appleseed on a major project for the Supreme Court of Texas, focused on improving the lives of foster children in Texas, and was awarded the State Bar’s Frank J. Scurlock Award for Outstanding Legal Services to the Poor in 2011. Greer was elected to the American Law Institute. She currently serves as the vice chair for the American Bar Association’s Tort Trial and Insurance Practice Section, and recently completed a sixyear term on the Executive Committee of the Center for Women in Law. Greer continues to be active in the community as a Greenhill Fellow and former president of the Texas Supreme Court Historical Society; a member of the board of trustees for the Bar Association of the Fifth Federal Circuit; a member of the Texas Supreme Court Advisory Committee; and a member of the Oversight Board of the Texas Office of Capital and Forensic Writs. Greer received her B.A. from Emory University and her J.D. from the University of Houston Law Center. She designed, and was the original national editor of, A Practitioner’s Guide to Class Actions (2010), as well as the 2012 supplement and the second edition (2017). She is the national co-editor of the third edition, which was published in November 2021.

Randy Howry Howry, Breen & Herman LLP As a founding partner of Howry, Breen & Herman, Randy Howry is an accomplished attorney certified in personal injury trial law and civil trial law by the Texas Board of Legal Specialization. Howry’s legal practice focuses on personal injury, product liability, catastrophic injuries, wrongful death, and commercial/business disputes. His mission is to fight to win his clients the best outcome possible while maintaining the trust and confidence his clients deserve. Howry’s skill has been acknowledged by top legal organizations, such as the American Board of Trial Advocates, the American College of Trial Lawyers, and the International Academy of Trial Lawyers. Howry has served as on the boards and as president of the Austin Bar Association, the Austin chapter of the American Board of Trial Advocates, and the Austin Bar Foundation. Howry counts among his professional memberships the American Association for Justice (formerly the American Trial Lawyers Association), the Texas Bar Foundation, the Texas Trial Lawyers Association, and the Texas Center for Legal Ethics and Professionalism. Since 2006, he has been recognized in The Best Lawyers in America. Between 2003 and 2020, he was recognized as a Texas Super Lawyer by Thomson Reuters. Since 2018, Martindale-Hubbel has rated him as AV Preeminent (the site’s highest rating based on peer feedback).

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Since 2017, he has been recognized by Top American Lawyers. In 2009, he was recognized by The Best Lawyers in America for Bet-the-Company Litigation. In 2006, he was recognized by The Best Lawyers in America for Commercial Litigation. Howry was raised in Georgetown, and loves the Austin-Georgetown area. Family is everything to him. He and his wife of 31 years, Julia, share two children, Baker and Daniel. Though he now resides in Austin, he greatly enjoys his frequent visits back to Georgetown to see his mother, Georgia. Howry earned his bachelor’s degree in journalism from The University of Texas in 1980. He is a Longhorn through and through and still supports his alma mater by attending football and basketball games, as well other university events. He obtained his law degree from the South Texas College of Law, where he was president of the Board of Advocates, won national and state championships in multiple moot-court competitions, and was awarded the Dean Garland Walker Award for Outstanding Student. He was named Alumnus of the Year in 2009. He currently serves on the South Texas College of Law board of directors, the 100 Club of Central Texas, and the Austin chapter of the Beta Theta Pi National Fraternity. Howry is licensed to practice law in Texas and Arkansas. He is also admitted to the four U.S. federal District Courts in Texas. In 2017, he had the great honor of being admitted to practice in the Supreme Court of the United States.

Jeff Edwards Edwards Law Jeff Edwards founded Edwards Law to help people obtain the justice they deserve. With this goal in mind, Edwards has successfully tried numerous cases and negotiated hundreds of settlements. Before practicing law, Edwards went to Dartmouth College and taught sixth grade in the Rio Grande Valley as part of the Teach for America Program. In 1999, Edwards graduated with a joint degree in law and public affairs from The University of Texas School of Law and the LBJ School of Public Affairs. While he began his career working at an international defense firm practicing business litigation and defending companies accused of securities fraud, his passion for helping people led him to the plaintiff’s side. Since 2003, Edwards has represented individuals who have suffered serious injuries or endured significant financial hardships. Edwards has been victorious in numerous trials and has achieved several settlements resulting in multi-million-dollar recoveries for his clients. Among these are the Richard Danziger wrongful imprisonment case, a securities fraud case brought by an Austin company against several investment banks, and the drowning of a child at a fitness center swimming pool. Edwards is well known for his work in the medical malpractice and civil rights arenas and has been instrumental in obtaining several high-profile victories in Austin, Dallas, Houston, San An-

gelo, Marshall, Amarillo, San Antonio, and Michigan. These include police shootings, sexual abuse of minors by government employees, jail deaths, and failures by medical providers to diagnose cancer or provide adequate treatment in hospitals and nursing homes. In 2008, the Texas Civil Rights Project awarded Edwards the Pro Bono Champion award for successfully resolving several sexual abuse cases at the Texas Youth Commission and helping them make systemic changes to the way in which children are treated in Texas’s juvenile justice system. In addition to accolades from peers, Edwards is also certified in personal injury law by the Texas Board of Legal Specialization, a certification bestowed upon less than five percent of the plaintiff’s bar and very few people Edwards’s age. Despite his success, Edwards strives to maintain strong working relationships with members of the defense bar and takes great pride when his adversaries recommend him to their friends and colleagues. Edwards and his firm are committed to making a difference in the community. From 2005 to 2009, Edwards served as a commissioner on the Access to Justice Commission, the State Bar and Supreme Court’s effort to provide legal services for the poor, and regularly testifies before the legislature on behalf of its legislative committee. While on the Commission, he chaired the technology section and arranged for the delivery of $800,000 worth of computer equipment to Texas legal services organizations.

Edwards has also been on the board of Volunteer Legal Services for more than 10 years, has served as its president, was a founding member of its Sustainability Society, and has hosted numerous fundraisers at his home. Edwards is a life fellow of the Texas Bar Foundation and a member of the Lloyd Lochridge Inn of Court, and remains active in the bar. He previously served as president of the Austin Young Lawyers Association and on the board of Youth

Launch, a teen-mentoring group. Edwards has spoken throughout the state on topics as diverse as federal practice, evidence, civil rights issues, and pro bono service. Edwards is married to a wonderful woman and attorney, Allison, with whom he has three beautiful children, Bering, Luke and Gracie. Though they are originally from Connecticut and Houston, respectively, they now proudly call Austin home. AL

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ENTRE NOUS

Is This Seat Taken? BY CLAUDE DUCLOUX

The opinions expressed in Entre Nous are those of the author and do not necessarily represent the views of the Austin Bar Association membership or the Austin Bar Association board of directors.

y travels take me through a lot of airports, and being a friendly—okay, “nosy”—guy, I almost always strike up a conversation with a fellow passenger after carefully considering whether they seem amenable to communication. I’ve developed rules for this, based upon miscues and past experiences. They include: 1. Never interrupt the jerk holding an “earbud” business conversation at a sound volume calibrated for the main announcer at ACL Fest. The confidential information these idiots divulge about corporate matters to the entire first 15 rows of passengers is more entertaining than an Austin City Councilmember explaining why we don’t need parking in Austin anymore; 2. Never bother a “snoozer”—they need their rest; and finally 3. Never attempt to converse with someone modifying an Excel spreadsheet. They are rarely good conversationalists. You could get trapped talking about EBITDA, and no one wants that. But I did have the strangest conversation recently with an interesting fellow traveler (Pete), who wanted to tell me about his stunning and confusing conversation with someone else on his intercity commute. “Oooh…please, go on,” I said. And because his experience was somewhat related to our profession, I was fascinated. It gave me a window into public opinion of our profession. That can be scary. 30

“So I’m way back in the C group,” Pete said. “I left my phone in the other room, and I forgot to check in. But I see a middle seat next to a nice-looking gentleman, so I point at the seat and asked, ‘Is this seat open?’ and he says... GUY: Sure, have a seat. PETE: Thanks. GUY: You want a drink coupon? I got extras. PETE: Sure…wow, thanks. Hmm…you seem really happy! Something good happen? GUY: You said it, friend. I’m in the clear. PETE: Well, congratulations. I think that’s great. GUY: Yup. I’m telling you, friend, I’ve been through an ordeal! These people accused me of all sorts of bad stuff. But I just won my trial. I stood tall, and I showed them! PETE: Wow, that really sounds hard. I’ll bet you’re relieved. Do you mind if I ask what happened? Was it in front of a jury? GUY: Yup, jury! But they were pretty smart. In fact, even before the trial started, six voted to acquit me! PETE: Uh…before the trial started, they voted to acquit you? Is that how jury trials work? Didn’t know they could do that. GUY: They can if they’re smart. And, besides, they were all friends of mine. PETE: Your friends were on the jury? GUY: Yup, my wife was, too. PETE: Jeez, I’ve never seen that on Law & Order. But what did you do about the rest of the jury? GUY: I had that jury covered. I had thousands of people calling them and threatening them with losing their jobs if they didn’t vote right. It was great! PETE: What? Your wife? And…wait…threatening jurors? I thought that was like a crime… isn’t that felony jury tampering?

AUSTINLAWYER | DECEMBER 2023/JANUARY 2024

GUY: My friend, in this trial, it’s called, “Freedom!” PETE: Did anyone go complain to the judge? GUY: Oh, the judge totally knew about it…and why would the judge care? PETE: Boy! I am really confused. I thought the judge had to be non-biased. GUY: I hope not. In fact, I had my people give him a little campaign help for the next election. PETE: A campaign contribution? To the judge in your case? GUY: Yup. $3 million, including a $2 million “forgivable loan”—if you get my drift. PETE: Oh my gosh! That’s really something! That wasn’t illegal? Bribery? He’s keeping the money? Isn’t that a felony? GUY: It’s fine. And it was worth every penny. PETE: Well, what was it like testifying? GUY: Oh, I don’t know. I didn’t attend. PETE: Excuse me? GUY: Judge said I didn’t need to testify or even be there. PETE: So, you never once had to give your story under oath… ever? GUY: Nope, and frankly why would I risk that? I had it covered.

PETE: Wow, I apologize, but I’m confused. Your friends were on the jury, the judge got paid, the other jurors who didn’t vote to pre-acquit you were threatened with losing their jobs. I simply gotta ask: What country was this in? GUY: I call it “Heaven.” And, friend, I am dedicated to carrying out my promises. PETE: Promises? GUY: To get even with every one of those yahoos who messed with me.” I must say, I was spellbound by Pete’s obvious confusion recounting this story. I assured him, however, that his fellow passenger simply had a very creative imagination. None of that could ever happen in America. And then we laughed…somewhat nervously. Happy holidays to all my wonderful, law-abiding colleagues. I wish you all a wonderful holiday season and encourage us all to continue our fight for the rule of law, and that we may all use our skills, talents, hopes, and influence for a better world and an enlightened society. May 2024 bring us peace and a little more truth. And, God willing, a lot more consequences. Keep the faith. AL

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