Models of Civility: Oscar J. Kazen and Veronica Vasquez

By Amy E. Bitter

January 1, 2019, ushered in a new generation of probate judges in Probate Courts No. 1 and 2 of Bexar County, Texas. Both courts have historically had long-standing judges who have retired (the Honorable Polly Jackson Spencer, the Honorable Sandee Bryan Marion, and the Honorable Thomas E. Rickhoff, respectively) and left a legacy of care, compassion, and dedication. Oscar J. Kazen and Veronica Vasquez are following in some big footsteps and are hoping to lead by example for the rest of the legal community. When asked what impression they would like to leave with the people who appear before them in the probate courts, they immediately agreed that they want to be “guides”— leading people through the toughest part of their lives. As Judge Kazen states, “No one chooses to appear in probate court—it is never because of something they have done.” The cases come through either the death of a loved one or, in the case of a guardianship, because of an incapacity issue—whether intellectual disability, dementia, mental health challenges, age/minority issues, or the like.

Judges Kazen and Vasquez are two community-minded individuals, with a great deal of respect for each other and the population that they serve. They agree that civility is absolutely necessary in their courtrooms. According to both of them, there is no reason that the atmosphere in the probate courts should become discourteous or rude, and they expect the behavior of those appearing before them to be respectful.

Judge Kazen, the presiding judge of Probate Court No. 1, earned his Bachelor of Arts from the University of Texas, followed by his law degree from Thurgood Marshall School of Law in 1993. He proudly served in the United States Marine Corps. Professionally, he has served as a Family Law Master and as presiding judge of Bexar County Court at Law No. 9. Additionally, he was a managing partner of Kazen & Robberson while in private practice. In 2007, he was appointed to serve as the Associate Probate Judge for Probate Court No. 1 under Judge Polly Jackson Spencer. Prior to his present position, he presided over more than 100 jury trials without reversal or remand, and over more than 30,000 non-trial case dispositions without reversal or remand.

While serving as the Associate Probate Judge, he realized his passion for helping individuals in the justice system with mental illness. He created and oversaw the implementation of the first fully operational civil Assisted Outpatient Treatment (AOT) court in Texas, which addresses the intersection between the law and treatment of individuals with serious mental illness. The program serves an area covering fifty-two counties. This court is a national model, saving lives and lessening the suffering of those with severe mental illness by offering an alternative to hospitalization. Judge Kazen is a frequent speaker across the United States to help bring this model court to other states. He is also designated as a subject matter expert in mental health courts.

Judge Vasquez, the presiding judge of Probate Court No. 2, was born in Houston, Texas, to hardworking, lower middle-class parents who brought their children up to respect and serve others, while guided by a strong moral compass. She has dedicated much of her career to serving the community. While attending college at the University of Texas, she interned at the Texas Civil Rights Project (TCRP) and experienced how crucial legal advocacy is for everyday Americans. This life-changing experience sparked her desire to serve others and influenced her decision to become a lawyer. She earned her law degree from the University of Texas School of Law in 2008, while working in the office of a Texas state senator. Upon her graduation, she moved to New York for a year and interned for New York Legal Assistance Group’s Total Life Choices. While there, she worked on drafting wills and powers of attorney and dealt with other estate-related issues for low-income individuals. This experience lead to a passion for elder law and probate matters.

Clearly, these two dedicated, compassionate judges are working hard to better the lives of our vulnerable populations, including those with mental health issues, the elderly, and children. Together, they are working toward the creation of a third probate court for Bexar County, in order to better serve these growing populations.

Judge Veronica Vasquez

photo by Martha Istueta

Judge Oscar J. Kazen

photo by Martha Istueta

Upon returning from New York, Judge Vasquez was offered a job at Perdue, Brandon, Fielder, Collins & Mott, LLP. She opened their San Antonio office and became an equity partner within four years. Five years later she left the firm to serve as a Hearing Examiner (an administrative judge) appointed by the Harris County Commissioner’s Court. Although she loved the work, she longed for the satisfaction of helping people with probate matters. She returned to private practice, both in her own office and then with Catholic Charities, ultimately serving as Director of the Guardianship and Probate Department, which provides legal aid to low-income families in the San Antonio Community.

Together, Judge Vasquez and Judge Kazen preside over all cases that involve the probating of wills, will contests, intestate estates, guardianships, eminent domain issues, and mental health commitments. Further, they preside over Adult Protective Services (APS) removals, which include removal of individuals from circumstances that are validated to put the individual at risk of being exploited, neglected, or abused. While they each have developed a particular focus on those areas of probate law about which they are most passionate, they agree that working together in a respectful atmosphere is absolutely essential. They have the same view of humanity, respect for each other, and the public that they serve. Even when they disagree, they agree to work together to find appropriate solutions. They agree they do not have all of the answers, but their power is in bringing together the people who have the ideas and in looking to what the community needs.

In addition to creating the national model for mental health courts, Judge Kazen is working with Child Protective Services to assist with the cases involving children who are aging out of the CPS system and are transitioning to guardianships. He is also working to provide mental health treatment on a long-term basis for children who are often overlooked. Judge Kazen, along with Judge Vasquez, is working to change policies in dealing with individuals with mental illness. Rather than sending them to jail for “criminal behavior,” they are trying to lead the “system” away from incarceration and toward appropriate treatment. For example, by working with the San Antonio Police and Fire Departments, they are hopeful that more people will receive the mental health assistance they need. This job became more difficult recently with the loss of mental health unit beds as a result of the Nix Hospital System’s closure, so they are actively seeking to develop new solutions.

At the same time, Judge Vasquez is spearheading, as co-chair with State Senator Jose Menendez, an Elder Abuse and Exploitation Task Force dedicated to ensuring prosecution of perpetrators who abuse, neglect, or exploit the incapacitated—some of the society’s most vulnerable members. The purpose of the Task Force is to: (a) determine why we are not more consistent as a City/County in prosecuting crimes againstthe elderly; (b) look at communication gaps between local agencies addressing elder fraud and exploitation; and (c) propose workable solutions for closing some of these gaps, more successfully prosecuting perpetrators against the elderly, and educating the public about ways to protect our senior citizens.

Clearly, these two dedicated, compassionate judges are working hard to better the lives of our vulnerable populations, including those with mental health issues, the elderly, and children. Together, they are working toward the creation of a third probate court for Bexar County, in order to better serve these growing populations. As the fourth mostpopulated county in Texas, we are at a distinct disadvantage. For example, Tarrant County (which is closest to Bexar County in size) has two probate courts with associate judges and twice the staff. Travis County, which is less than two-thirds the size of Bexar County, has the same amount of staff. El Paso County, which is less than one-half the size of Bexar County, has one less staff member than Bexar County. Judges Vasquez and Kazen are hopeful that Bexar County can add a new court and additional staff to accommodate the present and ever-increasing need for assistance to those most vulnerable.

Outside of the probate courts and their daily jobs, both Judge Vasquez and Judge Kazen have worked on various community projects, ranging from serving as co-chair for the Community Justice Program (Judge Vasquez), to the board of the Rape Crisis Center (Judge Kazen), and other outreach programs, all while also enjoying time with their families. They have shown a sincere dedication to the work before them and have created an environment in their courts—polite, considerate, and courteous—that should serve the community well. As a practitioner before them, I believe their predecessors would be proud.

Amy Bitter is a solo practitioner in the areas of Estate Planning, Probate, Guardianship, and Elder Law.