Tarrant County Bar Association Bar Bulletin (May/June 2024)

(L-R): Judge David Evans, Silver Gavel Award; Jim Whitton, Professionalism Award; Mark Daniel, Blackstone Award; Judge Melody Wilkinson, Outstanding Mentor Award; Spencer Mainka, Outstanding Young Lawyer Award. Not pictured: Stephen Shaw, Liberty Bell Award

County Bar Association 1315 Calhoun Street

817.338.4092 ▪ www.tarrantbar.org

2023-2024 Officers

President Lu Pham

President-Elect........................................Scott Lindsey

Vice President Marvina Robinson

Secretary-Treasurer John Brookman

Directors (Term Ends 2024)

Director......................................................Bryan Bruner

Director Lyndsay Newell

Director..................................................Angel Williams

Directors (Term Ends 2025)

Director Robert Blankenship

Director......................................................Joe Cleveland

Director Bill Ray

2023-2024 Appointed Directors

Appointed Director.........................Antoinette Bone Appointed Director J. B. Strong

Fall 2023 President........................Elizabeth Haslam Fall 2023 President-Elect....................Ola Campbell

State Bar of Texas Ex Officio Members

Director (Term Ends 2024).........Kimberly Naylor Director (Term Ends 2025) Jeff Cochran

Banda

published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant

PRESIDENT'S PAGE

LU PHAM

2023-2024 TCBA President

As my term comes to a close, I want to take this opportunity to express my gratitude for the incredible support and engagement from all of you over the past year. The Tarrant County Bar Association’s strength lies in the dedication and camaraderie of its members, and it has been an honor to serve all of you. I am deeply touched by the many past TCBA presidents who have offered encouragement, support and, in some cases, mentorship to me.

Looking back on the past year, I am proud of the accomplishments we achieved together. From hosting our first Bench Bar conference in Frisco to thought-provoking continuing legal education seminars, we have consistently demonstrated our commitment to upholding the highest standards of professionalism and promoting a tight knit legal community. I am particularly proud of our continued efforts to foster a strong sense of community within the Tarrant County Bar. Whether through networking events, CLE’s, or celebrating our best in the profession, TCBA members have shown ourselves to be supportive and connected to one another.

One of the highlights of the past year was the successful continuation of our Mentor Monday Seminar series, spearheaded by Steve Laird, which has already proven to be invaluable in fostering relationships between experienced attorneys and the next generation of legal professionals. The positive feedback we have received from participants on both sides has been truly heartening, and I am confident that this initiative will continue to flourish in the years to come. In fact, the TCBA and TCYLA are currently exploring a new mentorship program for our members.

I would also like to extend my heartfelt appreciation to the members of our various committees, who have worked tirelessly to organize events and spearhead community outreach efforts. Your dedication has been invaluable, and I am grateful for your service. Also, I want to thank our Executive Director, Kayla Dailey, and our incredible TCBA staff who have dedicated themselves to ensure the smooth operation of our association.

Finally, I want to let each of you know that we have an amazing Board of Directors who have dedicated countless hours to serve our membership. To ensure a smooth transition, I have worked closely with the executive committee

this past year to build consensus and involve all members of the leadership team in every decision concerning TCBA. I am excited to pass the torch to President Elect Scott Lindsey and the incoming leadership team comprising of Marvina Robinson (Vice President) and John Brookman (SecretaryTreasurer). I have no doubt that they will build upon the momentum we have established and continue to push our association to new heights. I encourage each of you to offer them the same support and encouragement that you have shown me throughout this incredible journey.

Thank you, once again, for the privilege of serving as TCBA’s President. It has been an honor and pleasure to work alongside so many talented and dedicated legal professionals. I look forward to remaining an active member of TCBA and continuing to contribute to its success in the years ahead. g

Thank You TCBA Members

Thank you for a wonderful year! Your support and dedication have been the driving force behind Tarrant County Bar Association’s success. Here’s to many more years of growth and collaboration!

With gratitude, The TCBA Staff

Members of the 2023-2024

100 Club

*List Reflected Below is as of May 20, 2024

Adams, Lynch & Loftin, P.C

Albert, Neely & Kuhlmann, LLP

Anderson & Cummings, LLP

Anderson & Riddle, LLP

Baker Monroe, PLLC

Barlow Garsek & Simon, LLP

Blaies & Hightower, LLP

Bonds Ellis Eppich Schafer Jones, LLP

Bourland, Wall & Wenzel, P.C.

Brackett & Ellis, P.C.

Broude Jennings & McGlinchey PC

Brown, Proctor & Howell, LLP

Cantey Hanger LLP

City Attorney’s Office-City of Fort Worth

Curnutt & Hafer, L.L.P.

Dally & Webb Family Law, PLLC

Decker Jones, P.C.

Dismuke & Waters, P.C.

Duane Morris, LLP

Forshey & Prostok, LLP

Freeman Mills P.C.

Friedman, Suder & Cooke, P.C.

Gardner, Smith & Vaughan, PLLC

Griffith, Jay, & Michel, LLP

Harris, Finley & Bogle, P.C.

Harrison Steck, P.C.

Haynes and Boone, LLP

Holland Johns & Penny LLP

Jackson Walker LLP

K & L Gates LLP

Kelly Hart & Hallman LLP

Killen & Dennis, PC

KoonsFuller, P.C.

Linebarger Goggan Blair & Sampson, LLP

Litchfield Cavo LLP

Lively & Associates, PLLC

McDonald Sanders, P.C

Moses, Palmer & Howell, L.L.P.

Murphy Mahon Keffler & Farrier, L.L.P.

Naman, Howell, Smith & Lee, PLLC

Nelson Bumgardner Conroy PC

Noteboom - The Law Firm

Padfield & Stout, LLP

Pham Harrison, LLP

Phelps Dunbar LLP

Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P.

Robbins Travis PLLC

Ross & Matthews P.C.

Second Court Of Appeals

Seltzer Family Law, PLLC

Stoy Law Group, PLLC

Tarrant County Criminal District Attorney’s Office

Taylor, Olson, Adkins, Sralla & Elam, LLP

The Blum Firm, P.C.

The Colaneri Firm, P.C.

Thompson & Knight, LLP

Udeshi Law Firm, PLLC

Underwood Law Firm, PLLC

Varghese Summersett PLLC

Watson, Caraway, Midkiff & Luningham, LLP

Whitaker Chalk Swindle & Schwartz PLLC

Whitley Penn, LLP

Wick Phillips

Winstead PC

To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department with four or more members must attain 100% TCBA membership compliance for the 2023-2024 bar year. This qualifies them for the “100 Club.” The firms/organizations listed above have already paid their membership dues and qualify for 100 Club membership for the new bar year.

Any firm/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA takes pride in the participation of these law firms and other groups. The new bar year began on July 1. If you have not paid your renewal invoice, please contact Carolina Ibarra at carolina@tarrantbar.org.

Tuesday, July 23, 2024 g City Club of Fort Worth g 11:45 AM-1:00 PM

$40 for Members g $55 for Non-Members

KEYNOTE SPEAKER :

STATE BAR OF TEXAS PRESIDENT, 2024–2025

Steve Benesh, who earned his undergraduate and law degrees from the University of Texas at Austin, is a 35-year lawyer and has spent his entire legal career at Bracewell, becoming a partner in 1995. A frequent author and lecturer on legal topics, his practice is focused on business litigation and commercial disputes.

Benesh began his service to the profession over 20 years ago as a member of the Austin Bar Association, culminating in his service as

as Austin Bar president in 2006–2007. Thereafter, he served on the State Bar of Texas Board of Directors from 2008 to 2011 and chaired the State Bar of Texas Annual Meeting in 2014, for which he received a Presidential Citation. From 2017 to 2023, Benesh served on the Texas Bar Foundation Board of Trustees, including service as its chair.

Benesh has twice received the Austin Bar Association President’s Award for Outstanding Service.

The Membership Luncheon will include the installation of TCBA's 2024-2025 Board of Directors, recognition of last year's section and committee chairs, President's Awards, and the passing of the gavel by Immediate Past President Lu Pham to Incoming President Scott Lindsey.

Snippets

Civil and Criminal

ASK JUDGE BOB

Co-Editor

Judge Carey Walker, County Criminal Court No. 2

by Judge Bob McCoy g County Criminal Court No. 3

Judge Bob, what do I need to do if inadmissible evidence is before the jury?

“To preserve error after inadmissible evidence is allowed before the jury, a party must sequentially pursue an adverse ruling from the trial court by: (1) objecting to the complainedof evidence, (2) moving the court to strike the evidence from the record, (3) requesting the court to instruct the jury to disregard the evidence, and (4) moving for a mistrial. Absent an adverse ruling from the trial court nothing is preserved for appellate review.”

Salazar v. Payan, 676 S.W.3d 752, 757 (Tex.App.—El Paso 2023).

IN MEMORIAM

BATHSHEBA (Unknown - April 14, 2024)

An Old Soul.

A friend to everyone she met. A lover of carrots.

THE PACK’S MONTHLY PARAPROSDAKIAN (a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous)

You’re never too old to learn something stupid.

THE

PACK’S

QUOTE OF THE MONTH

He is very imprudent, a dog is. He never makes it his business to inquire whether you are in the right or in the wrong, never bothers as to whether you are going up or down upon life’s ladder, never asks whether you are rich or poor, silly or wise, sinner or saint. Come luck or misfortune, good repute or bad, honor or shame, he is going to stick to you, to comfort you, guard you, and give his life for you.

—Jerome K. Jerome

CRIMINAL ITEMS OF INTEREST

1.Driving While Intoxicated

Even where a person is not conscious inside their parked vehicle when confronted by law enforcement, they may still be guilty of having “operated” their vehicle while intoxicated based on a totality of the circumstances.

In re Eller, 672 S.W.3d 194 (Tex.App.—Waco 2023).

2. Chain of Custody

A chain of custody is sufficiently authenticated when the State establishes “the beginning and the end of the chain of custody, particularly when the chain ends at a laboratory.” “Links in the chain may be proven by circumstantial evidence.” Absent evidence of fraud or tampering, alleged problems in the chain of custody do not affect the admissibility of the evidence –they affect the weight to be given to the evidence.Simmons v. State, 672 S.W.3d 821 (Tex.App.—Corpus Christi 2023).

3. Evidence

Circumstantial evidence is just as probative as direct evidence, and the jury may draw reasonable inferences from the circumstantial evidence.

Stephenson v. State, 673 S.W.3d 370 (Tex.App.—Fort Worth 2023).

4. Motion for New Trial

The purpose of a hearing on a motion for new trial is to: (1) decide whether the cause shall be retried and (2) prepare a record for presenting issues on appeal in the event the motion is denied. As a prerequisite to a hearing when the grounds in the motion are based on matters not already in the record, the motion must be supported by an affidavit, either of the defendant or someone else, specifically setting out the factual basis for the claim.

Griswold v. State, 673 S.W.3d 423 (Tex.App.—Dallas 2023).

5. Homicide

A defendant raising sudden passion to mitigate a murder conviction must prove that a passion or an emotion such as fear, terror, anger, rage, or resentment existed, that homicide occurred while that passion still existed and before there was reasonable opportunity for that passion to cool, and that there was a casual connection between provocation, passion, and homicide.

Bullock v. State, 673 S.W.3d 758 (Tex.App.—Dallas 2023).

Noah Elijah Abigail

6. Hearsay

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement. Hearsay is inadmissible unless made admissible by statute or rule.

Bordelon v. State, 673 S.W.3d 775 (Tex.App.—Dallas 2023).

7. Motion for New Trial

A trial judge abuses his discretion in failing to hold a hearing if the motion and accompanying affidavits (1) raise matters that are not determinable from the record and (2) establish reasonable grounds showing that the defendant could potentially be entitled to relief.

Cooper v. State, 673 S.W.3d 724 (Tex.App.—Fort Worth 2023).

CIVIL ITEMS OF INTEREST

1. Scheduling Order

The deadlines in a scheduling order did not reset after a continuance of the trial date when the scheduling order “expressly provided that a reset or continuance of the initial trial setting would not alter any deadline established in the order unless otherwise provided by order of the trial court”.

In Re Enriquez, 676 S.W.3d 675, 676 (Tex.App.—El Paso 2023).

2. Summary Judgment

“Although the denial of summary judgment is normally not appealable, we may review such a denial when both parties moved for summary judgment and the trial court granted one and denied the other.” … We review all the summary judgment evidence, determine all issues presented, and render the judgment the trial court should have.

Cockrell Inv. Partners v. MPGCD, 676 S.W. 3d 677, 682 (Tex. App.—El Paso 2023).

3. Uniform Declaratory Judgments Act (UDJA)

Generally, a plaintiff may seek a declaration of his or her rights under a statute or other law under the UDJA. But to maintain such an action against a party with governmental immunity, the plaintiff must plead a valid waiver of immunity.

Cockrell Inv. Partners v. MPGCD, 676 S.W. 3d 677, 687 (Tex. App.—El Paso 2023).

4. Commission for Lawyer Discipline

The Texas Supreme Court has endorsed the uncontroversial principle that “all attorneys” are subject to the professional disciplinary processes, procedures, and standards of review to “ensure ethical lapses are disciplined.” Exempting an entire

category of attorneys [the Attorney General’s Office] from the State’s disciplinary rules would be contrary to precedent, both in Texas and elsewhere.

Comm’n For Lawyer Discipline v. Webster, 676 S.W.3d 687, 699 (Tex.App.—El Paso 2023).

5. Divorce

A final, unambiguous divorce decree that disposes of all martial property bars re-litigation. Seeking an order that alters or modifies a divorce decree’s property division constitutes an impermissible collateral attack. However, a court rendering a final divorce decree retains subject-matter jurisdiction to clarify and to enforce the property division. The trial court may enter an order of clarification if its divorce decree is ambiguous.

Leblanc v. Leblanc, 676 S.W.3d 703, 706 (Tex.App.—El Paso 2023).

6. Attorney Disqualification

A lawyer can be disqualified from representing another person adverse to a former client if there is a “threat of disclosure” of confidential information. Matters are substantially related when the similarity of the facts involved ‘creates a genuine threat that confidences revealed to the client’s former counsel will be divulged to his present adversary.’

Jones-Hospod, 676 S.W.3d 709, 718 (Tex.App.—El Paso 2023).

7. Oil and Gas: Water

And because the Legislature defines produced water as oil and gas waste, it cannot also be groundwater. … The term “produced water” is essentially a misnomer, as it bears little resemblance to water given the “numerous constituents” it contains other than water. Instead, produced water is more accurately classified as a waste byproduct of oil and gas production.

Cactus Water Services v. COG Operating., 676 S.W.3d 733, 739 (Tex.App.—El Paso 2023).

QUOTE OF THE MONTH

One man’s justice is another’s injustice; one man’s beauty another’s ugliness; one man’s wisdom another’s folly.

—Ralph Waldo Emerson

THE EDITOR’S NOTES FROM THE FARM – EIGHT SECONDS

Eight seconds seems forever in bull riding, but seems to go by instantly in bulldogging. g

Congratulations to Snippets for receiving the 2024 Stars of Texas Bars Award for Series of Articles – Substantive Law!

A WORD FROM OUR SECTIONS

By Tracy Card, Office Manager

Celebrating Section Successes & Planning Ahead

As we bid farewell to spring and welcome the summer months, it’s time to reflect on the wonderful accomplishments of our sections this bar year. We’ve hosted several great events and shared a wealth of knowledge during our CLE sessions.

Be sure to watch your emails to stay updated on the latest

news and updates. Remember, the bar year ends June 30, so don’t forget to renew your membership! If you haven’t already, please start sending in your nominations for your section’s leadership teams. Whether you’re volunteering yourself, nominating someone, or expressing your desire to continue in your role, we welcome your support! g

Interested in taking on a leadership role with the TCBA? Contact tracy@tarrantbar.org for more information on becoming a 2024-2025 Section Officer.

The Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association.

Please submit queries or articles to elizabeth@tarrantbar.org.

Your work will be fully attributed to you, the author.

Law Day, May 1 annually, is a national day set aside to celebrate the rule of law. Law Day underscores how law and the legal process contribute to the freedoms that all Americans share. In Tarrant County, the Tarrant County Bar Association and the Tarrant County Young Lawyers Association have traditionally celebrated this day by honoring and recognizing outstanding members for their service to our legal community and the community at large.

The Blackstone Award has been given annually since 1963 and recognizes a legal career that exemplifies professional aptitude, integrity and courage. Mark G Daniel’s career has surpassed these qualities, showcasing unparalleled dedication and excellence.

The Silver Gavel Award recognizes a distinguished member of the judiciary who has made a significant and remarkable contribution to the legal profession. This year’s recipient is Judge David L. Evans

The Professionalism Award is bestowed upon a member of the legal profession who has demonstrated exemplary professional conduct throughout their career. This year’s recipient is Jim Whitton.

The Outstanding Young Lawyer Award, presented by TCYLA, recognizes a talented and dedicated young lawyer who has shown exceptional skill, outstanding service to the legal profession, and a strong commitment to serving the community. This year’s recipient is Spencer Mainka.

The Outstanding Mentor Award recognizes an attorney or judge who has demonstrated a commitment to mentoring young lawyers in the legal community. This year’s recipient is Judge Melody Wilkinson.

The Liberty Bell Award honors an exceptional nonlawyer who has selflessly contributed to the community, strengthening the effectiveness of the American system of justice and fostering a greater understanding and appreciation of the law. This year’s recipient is Stephen Shaw

Award recipients were honored at the 2024 Law Day Awards Luncheon held on Wednesday, May 1, 2024, at The Ashton Depot.

MBlackstone Award

MARK G. DANIEL

ark G. Daniel practices law in Fort Worth, Texas. He is the past president of Texas Criminal Defense Lawyers Association (TCDLA) and chaired TCDLA’s Legislative Committee for five legislative sessions from 2004 to 2016. Mr. Daniel is board certified in criminal law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy. He is a member of the American College of Trial Lawyers. He was inducted into the TCDLA Hall of Fame in 2021. He was selected as Percy Foreman Lawyer of the Year by TCDLA both in 2009 and 2024. He has been selected by Texas Monthly magazine as one of the top 100 lawyers in Texas across all categories for many years. Mr. Daniel formerly served as an assistant district attorney for the Tarrant County District Attorney’s Office. Mr. Daniel earned his J.D. from St. Mary’s University School of Law and his B.B.A. from The University of Texas. Currently, he serves on the Texas Forensic Science Commission and is a frequent author and lecturer on criminal law topics throughout Texas.

DJUDGE DAVID L. EVANS Silver Gavel Award

avid L. Evans is the Presiding Judge of the Eighth Administrative Judicial Region and a former judge of the 48th District Court of Tarrant County (20032021). He graduated from Texas A&M University in 1971

with BBA in Finance. Following his service in the United States Army (1971-1975), he attended Baylor School of Law. Upon being licensed in June 1979, he entered private practice where he initially handled civil, criminal, and family law cases. Over time his practice became more specialized as he limited his practice to civil litigation.

Judge Evans is Board Certified in Civil Appellate Law and Civil Trial Law by the Texas Board of Legal Specialization. He is admitted to practice in the courts of Texas, the federal district courts of Texas, the Fifth Circuit of the United States, and the United States Supreme Court.

He has served as President of the Tarrant County Bar Association, Director of the State Bar of Texas, Chair of the Judicial Section of the State Bar of Texas, Chair of the Texas Commission for Lawyer Discipline, Vice Chair of the Texas Board of Legal Specialization, and as a Trustee of the Texas Bar Foundation.

The State Bar of Texas recognized his service by awarding him with the Judge Sam Williams Local Bar Leadership Award (1996), the Certificate of Merit (1998) and Presidential Citations for his contributions to the lawyer disciplinary system. In 2023, the Judicial Section named him as a recipient of the Judicial Lifetime Achievement Award.

The Texas A&M University School of Law honored him in 2013 as the recipient of the law school’s Excellence in Justice Leadership Award. In 2019, Judge Evans was named the Distinguished Aggie Lawyer of the Year by the Texas Aggie Bar Association. In 2022, his friends established the Judge David L. Evans Endowed Scholarship at the Texas A&M University School of Law.

Judge Evans is currently serving the Supreme Court of Texas as a member of the Supreme Court Advisory Committee and as Chair of the Judicial Panel on MultiDistrict Litigation.

Judge Evans is an Emeritus Member of the Eldon Mahon Inn of Court, a Sustaining Life Fellow of the Texas Bar Foundation, a Sustaining Charter Fellow of the Tarrant County Bar Foundation, a Lifetime Member of the Baylor Law Alumni Association, and a member of the Dean’s Advisory Council Texas A&M University School of Law. He has participated as speaker and panelist in a number of continuing legal and judicial education programs.

JJIM WHITTON Professionalism Award

im Whitton is of counsel to the Fort Worth law firm of Brackett & Ellis, a Professional Corporation. He has practiced law for over 40 years and has been with Brackett & Ellis for over 30 years, representing independent school districts and private schools in North and West Texas. Jim is also a frequent speaker at continuing education events including the Annual School Law Conference of the University of Texas School of Law, the Joint Annual Convention of the Texas Associations of School Administrators and School Boards, and the Annual Retreat of the School Law Section of the State Bar of Texas. He received his undergraduate degree from the University of Texas at Austin in 1976 and his law degree from the University of Houston in 1979.

Jim is a 15-Year Fellow of the Texas Bar College, a Lifetime Sustaining Fellow of the Texas Bar Foundation, and a Sustaining Life Fellow of the Tarrant County Bar Foundation. He currently serves as a member of the Boards of Directors for the Center for Transforming Lives of Fort Worth and the Trinity Terrace Continuing Care Community of Fort Worth. Jim is also: a Past-Chair of the Council of School Attorneys for the Texas Association of School Boards; a Past-Chair of the Church Council, the Board of Trustees, and the Staff-Parish Relations Committee for the First United Methodist Church of Fort Worth; a Past-President of the Rotary Club of Fort Worth; a Past Chair of the Board for the Fort Worth Region of the American Heart Association; a Past Vice Chair of the Board for the United Way of Metropolitan Tarrant County; and a former member of the Executive Council of the School Law Section of the State Bar of Texas.

Jim’s wife Debbie is an academic language therapist. They have two daughters and two sons-in-law, Lauren and Clark Sykes of Fort Worth and Sarah and Tim Schmitz of Wayland, Massachusetts. Jim and Debbie are the proud grandparents of Whit Sykes, Eva Sykes, Henry Schmitz, and Ellie Schmitz.

SOutstanding Young Lawyer Award

SPENCER MAINKA

pencer Mainka is a Senior Associate Attorney at Pham Harrison, LLP in Fort Worth, Texas where her practice includes a variety of employment defense litigation and counseling services. She holds a J.D. from Texas A&M University School of Law where she served as a teaching assistant for Academic Support, completed a concentration in Workplace Law, and graduated in the top 15% of the Class of 2019. While she is an Aggie in spirit, Spencer received her undergraduate degree from The University of Texas at Austin in 2013 and will always be a Longhorn at heart.

Spencer is actively involved in the legal community. At the local level, she has been a member of Tarrant County Young Lawyers Association (TCYLA) since law school and was on the board of directors from 2019 to 2023. She is also the chair of the Tarrant County Bar Association (TCBA) Community Service Committee and past-chair of the Labor and Employment Section. At the State Bar level, Spencer currently serves on the steering committee for the Texas Minority Counsel Program (TMCP).

Recognized for her expertise and service, Spencer has been honored as a Top Attorney by Fort Worth Magazine and 360 West Magazine since 2021.

Originally from Corpus Christi, Texas, Spencer now calls Fort Worth home where she lives with her wife and three small dogs but stills visits the beach as often as possible.

TOutstanding Mentor

Award

JUDGE MELODY WILKINSON

he Honorable Melody Wilkinson proudly serves as Judge of the 17th District Court, a civil preference court, in Tarrant County, Texas. Prior to Judge Wilkinson’s 2008 election to the bench, her twenty-year law practice focused on civil and business litigation, employment law, and the handling of thousands of product liability and toxic tort defense cases throughout Texas. She has been re-elected as a state district judge without opposition in 2012, 2016, 2020 and 2024. Judge Wilkinson was elected by her district judge colleagues to serve as the Local Administrative District Judge for a two-year term that ends in December 2024.

Judge Wilkinson’s commitment to the legal profession through her extensive work in local, state and national bar associations uniquely sets her apart. Judge Wilkinson is the Immediate Past Chair of the Judicial Section of the State Bar of Texas. She has also previously served as President of the Texas Association of District Judges. She has served as Chair of the Tarrant County Juvenile Board. Earlier in her legal career, she served as the President of the Fort Worth-Tarrant County Young Lawyers Association and as President of the Texas Young Lawyers Association, an organization of approximately 20,000 young lawyers when Judge Wilkinson was President in 2000. She has served on the State Bar of Texas-Board of Directors, College for the State Bar of Texas-Board of Directors, and as Chair of the Fellows of the Texas Bar Foundation. She previously led the Tarrant County Bar Association as its President.

In addition, Judge Wilkinson has received numerous awards and recognitions throughout her career including the prestigious national Delta Zeta Woman of the Year award and “40 Under 40” recognizing up-and-comers in the Texas legal community. She is a recipient of the Charles J. Murray Outstanding Jurist Award. Judge Wilkinson has been recognized as a Distinguished Alumnus at her alma mater, Angelo State University. She has also been the featured speaker at three commencement ceremonies: Angelo State University, Texas Tech University School of Law and Texas Wesleyan

School of Law now known as the Texas A&M School of Law. She has given back to her local community through her service on several boards including the Easter Seals of North Texas, Ryan Y.M.C.A and Sports Advisory Council of the Fort Worth Parks and Recreation Department.

She graduated from Angelo State University summa cum laude with a B.A. in Government and English in 1985. In 1988, she earned her law degree from Texas Tech University School of Law.

She is most proud of her three young adult children, son Ned (a third year law student), and twin daughters, Elizabeth (a banker) and Emily (a young lawyer).

SSTEPHEN SHAW Liberty Bell Award

tephen Shaw’s career in the Texas Child Welfare System began in 2000 with the Texas Department of Family and Protective Services (CPS). He had the privilege of working in many positions for the Department such as a Childcare Licensing Inspector & Investigator, CPS Investigator, CPS Special Investigator, CPS Regional Training Specialist, and CPS Legal Liaison for the Tarrant County District Attorney’s Office. Stephen retired from the Department in 2018. He then went to work for Court Appointed Special Advocates (CASA) of Tarrant County from 2018 to 2023 as a Child Advocacy Specialist. While working at CASA, he supervised CASA Volunteers and worked with local stakeholders OCOK and DFPS to continue to advocate for the best interest of the children of Tarrant County.

THANK YOU TO OUR LAW DAY SPONSORS

GOLD SPONSOR

SILVER SPONSOR

Cantey Hanger LLP

David Cook for Texas

Kelly Hart & Hallman LLP

Pham Harrison, LLP

BRONZE SPONSOR

Bonds Ellis Eppich Schafer Jones LLP

Boyd Powers Williamson

The Medlin Law Firm, PLLC

Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P.

Judge Louis Sturns

Texas A&M University School of Law

LegalLine

Do you have 2 hours that you can commit on a Thursday night to assist those that need legal advice in your area of expertise?

Upcoming Volunteer Dates

June 13, 5 PM - 7PM

June 27, 5 PM - 7PM

LJuly 11, 5 PM - 7PM

June 25, 5 PM - 7PM

egalLine needs attorneys in all areas of law. Thank you to all the attorneys who have volunteered in the last two months. If you want to know more about volunteering, email sarah@tarrantbar.org.

The Attorney’s Therapist

As a former practicing attorney, Kate understands the overwhelming feelings of stress, burnout, and isolation that often accompany the art of balancing life with the practice of law. Kate will help you evaluate your choices, identify areas for change, and implement a plan which will allow you to become the best version of yourself.

www.tarrantbar.org ▪ MAY/JUNE 2024 Contact me. Together we will chart the course for your success. 817.881.1914 • Kate@AutumnRidgeLPC.com AutumnRidgeLPC.com | 270 Miron Dr.

By Sarah Hall Hoffman, Pro Bono Programs Director

Amy Allen

Brittany Allen-Brantley

John Barnes

Robert Blankenship

Ola Campbell

Julie Camacho

Ali Crocker

Madeline D’Alise

Jackson Field

Ndidi Gbulie

Dustin G. Hoffman

Merrit Klapperich

Patrick McCarthy

Angelia Megahan

Karon Rowden

Kate Casey, LPC, JD

Any room can be rented for an hourly rate of $35 regardless of membership status. Rates are for 9 a.m. - 5 p.m. rentals. Outside of normal rental hours incur an additional fee of $25 per hour per staff member and must be preapproved. Last-minute time extensions are not allowed.

Social, Charitable, and Judicial/Political receptions are $500 from 4-9 p.m. After 9 p.m. an additional fee of $100 per hour per staff member will be charged. Last-minute time extensions are not allowed.

For room rental reservations, contact Tracy Card at tracy@tarrantbar.org.

Welcome

New Members of the TCBA:

ATTORNEY

Annabelle Ackling

Blake Bailey

Mark Broom

Daniel Chism

Caitlin Clark

Jennifer Clewis

Daniel Collins

Jacob Crawley

D. Mark Daniel

William de los Santos

Chandler Dean

Guillermo Flores

Ryan Grant

Scott Griffith

Kate Hancock

Courtney Hanson

Matthew Harper

Claudine Jackson

Matthew Jackson

Jeffrey Johnson

Christopher Jones

Paige Jones

Scott Keffer

Diane Kozub

Michael Kurmes

James Lanter

Madison Littlefield

Andrew Lombardi

Christy Mazurek

Wade McMullen

Alicia Murphy

Timothy O'Brien

Christopher Parvin

Paul Penny

Julien Petit

Sarah Powers

Davis Purcell

Chad Reed

Josef Reimer

Adam Rideau

Taylor Ross

Catherine Rude

Maritza Sanchez

Robyn Sanford

LAWYERS ON THE MOVE &

in the News

Susan Fortney, a law professor and recognized national expert on ethics, is the 2024 recipient of the Michael Franck Professional Responsibility Award, one of the American Bar Association’s top ethics honors. The award recognizes an individual whose contributions reflect the highest level of dedication to legal professionalism.

The Underwood Law Firm is pleased to announce that Elizabeth (Beth) Bones has joined the firm’s Employment Law practice in our Fort Worth office.

Fortney is the Stephen R. Alton University Professor and director of the Program for the Advancement of Legal Ethics at Texas A&M University School of Law in Fort Worth. She is internationally renowned for her research, scholarship and teaching on legal ethics and the regulation of lawyers. She has also earned the reputation as an outstanding, dedicated and creative public servant, whose work with scholars, lawyers, regulators, courts and bar organizations demonstrates a commitment to improving lawyer ethics, conduct and regulation.

The award, named after Michael Franck, the late director of the State Bar of Michigan and long-time champion of improvements in lawyer regulation in the public interest, highlights Fortney’s pioneering work in legal ethics and her impact on the profession. The award was presented May 30 during the 2024 ABA National Conference on Professional Responsibility in Denver, Colorado.

Phelps welcomes experienced Fort Worth lawyer Richard DeBerry, board-certified in commercial real estate by the Texas Board of Legal Specialization, to its Real Estate and Construction team. With extensive experience in structuring complex agreements and litigating construction and real estate matters, Richard brings valuable insight to help clients navigate projects and resolve disputes. His addition enhances Phelps’ ability to serve clients across North Texas and the Gulf Coast. Richard DeBerry can be reached at 817.386.1176 or via email at richard.deberry@phelps.com.

Beth primarily represents employers in litigation before state and federal courts and before state and federal agencies such as the Equal Employment Opportunity Commission and the Texas Workforce Commission. She regularly handles employment claims of discrimination, harassment, and retaliation under Title VII, the ADA, ADEA, and Chapter 21 of the Texas Labor Code. She also represents employers in matters involving employee leave under the ADA and FMLA, wage and hour issues under the FLSA and Texas Payday Law, and contractual disputes, such as the enforceability of non-compete, non-solicitation and non-disclosure agreements. She regularly counsels employers on federal and state employment laws and advises on employee discipline and terminations. She is also often involved with assisting or conducting investigations into employment matters. She proactively works with clients to manage risk and avoid litigation by reviewing employee policies and procedures, providing employee and management trainings, and advising on other matters affecting the employer-employee relationship.

Beth graduated from Baylor University School of Law (J.D. 2010) and Iowa State University (B.S. 2006).

Local Legend Honored

By Joseph Green-Bishop, Arise Rejoice News Service

Judge L. Clifford Davis, who successfully sued the Mansfield and Fort Worth, Texas school districts in 1955, was proclaimed a “Texas Legal Legend” by the Texas State Bar Association at a ceremony held Monday at the Texas A&M University School of Law in Fort Worth.

“The purpose of this recognition is to memorialize the stories of legendary lawyers who have practiced in Texas,” said Federal Judge Christine Stetson, who presented the award to Judge Davis.

Several attorneys and citizens were on hand to honor the Judge, who will celebrate his 100th birthday on October 12, 2024.

“Judge Davis is one of the finest lawyers and legal scholars to have ever practiced law in our state, and in our country,” said Michael Heiskell, the president of the National Criminal Defense Lawyers Association, who shared a law practice with Judge Davis in North Texas.

A graduate of the Howard University Law School, Judge Davis, a native of Arkansas, founded one of the first Black law practices in Texas. Among the legal scholars he regularly worked with was former U. S. Supreme Court Associate Justice Thurgood Marshall.

Exactly one year after the U. S. Supreme Court in Brown v. Board of Education ruled separate but equal schools unconstitutional, Judge Davis filed successful discrimination law suits against two North Texas School Districts.

“My law practice and my life have been inspired and enhanced by Judge Davis,” said Bobbie Edmonds, a North Texas attorney who has written a biography about Judge Davis, a member of Saint Andrews United Methodist Church in Fort Worth.

“I believe that life requires all of us to pursue justice, equality and fairness for all people without regard to race, gender or status,” Judge said at the conclusion of the 60-minute ceremony with nearly 100 in attendance at the ceremony that was sponsored by the Texas A&M University School of Law. “We all must work for the general welfare of people.”

Published in Texas Metro News by Cheryl Smith g

LAWYERS

ON THE MOVE & IN THE NEWS

Alexandra Schooley

Kasi Schuelke

Harmony Schuerman

John Scott

Katherine Soley

Xintong Song

Daniel Steppick

John Stewart

Desiree Strong

C. Matthew Terrell

Regina VasquezEspinosa

Stolle Voigt

Mike Ware

Craig Woodcook Workman

Justus Young

JUDICIARY

Judge Lynn Kelly

ASSOCIATE

Jay Bartley

Mary Dennie

Chris Hamilton

Noel kersh

Mary Nicholson

Diamond Stinson

Patrick Wallace

If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you.

Please submit information by email to Elizabeth Banda, Communications Director, at elizabeth@tarrantbar.org.

Susan Young

STUDENT

Jasmine Agolli

Liam Bird

Federal Magistrate Judge Christine Stetson, Judge L. Clifford Davis, and attorney Jackie Robinson

Judge L. Clifford Davis was honored at Texas A&M University School of Law for his legacy in civil rights law.

Fort Worth attorney Bobbie Edmonds, Rev. Floyd Moody and wife, the 16-year-old Plaintiff in the 1955 Mansfield ISD segregation lawsuit with Judge L. Clifford Davis

The Tarrant County Bar Association, established in 1904, is a professional organization comprised of over 2,400 lawyers, judges, law students, and other legal professionals in and around Tarrant County. It offers the best way to connect with the legal community.

TCBA Offers Free and Low Cost Online CLE to Its Members CLE CORNER

Section Webinars:

Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Tracy Card at tracy@tarrantbar.org to purchase the recording.

Civil Court Judicial Panel: Voir Dire Best Practices

Panel: Judge Megan Fahey, 348th District Court

Judge Kimberly Fitzpatrick, 342nd District Court

Judge Susan McCoy, 153rd District Court

Judge Chris Taylor, 48th District Court

CLE: 1 hour Ethics (FREE for TCBA Members)

Appellate Law Section

Topic: Record Problems and (Possible) Solutions

Speaker: Kirsten Castaneda, Alexander Dubose & Jefferson LLP

CLE: .75 hour, 0.25 hour Ethics ($20 for TCBA Members)

Business Litigation Section

Topic: New Business Courts

Speaker: Geoff Gannaway, 2023-2024 State Bar of Texas Litigation Chair

CLE: 1 hour (FREE for TCBA Members)

Collaborative Law Section

Topic: What to Do When a Collaborative Case Gets Stuck

Speakers: Carol Mapp, LCSW, Integrated Healthworks

Kate Smith, Law Offices of Kate Smith, PLLC

CLE: 1 hour (FREE for TCBA Members)

Construction Law Section

Topic: I Guess Some People Are Just Loose With Their Morals

Speaker: Bryan Kelly, Shackelford, Bowen, McKinley & Norton, LLP

CLE: 1 hour Ethics ($15 for TCBA Members)

Energy Law Section

Topic: Carbon Capture & Storage Policy: Building a New Fossil Fuel Industry

Speaker: Professor James W. Coleman, SMU Dedman School of Law

CLE: 1 hour ($20 for TCBA Members)

Women Attorneys Section

Topic: In My Leadership Era: Perspectives from In-House, Private Practice, and Government Employment

Speakers: Susan C. Hudson, Senior Vice President, Chief Legal Officer & Corporate Secretary for Flowserve

Lauren E. Melhart, Kinser & Bates, LLP

CLE: 1 hour (FREE for TCBA Members)

Fort Worth Business & Estate Section

Topic: Taking Care of Business: Beginning with the End in Mind

Speakers: George Coultress, Western Commerce Group

Ryan Heath, TrustPoint Legal, PLLC

CLE: 1 hour (FREE for Section Members)

$30 for Non-Section Members

Mentor Monday Seminar Series with Steven C. Laird:

Guest Speaker: Kleber C. Miller, Lacy Malone Ryder & Menefee, PLLC

1 hour Ethics (FREE for TCBA Members)

Guest Speaker: David Keltner, Kelly Hart & Hallman LLP

1 hour Ethics (FREE for TCBA Members)

Guest Speaker: Mark G. Daniel, Daniel, Moore, Evans, Biggs, Decker, and Smid

1 hour Ethics (FREE for TCBA Members)

Missed a recent Brown Bag Seminar?

Check out the recordings below and watch at your convenience. Visit www.tarrantbar.org/cleondemand to view all available recordings or contact the TCBA at tcba@tarrantbar.org to purchase a recording.

Topic: Ethics | CLE: 4.00 hours

Moderator: Angela Miller-Leathers, Leathers & Associates

Topic: Real Estate and Construction Developments

CLE: 3.50 hours

Moderator: Jim Kiser, Anderson & Riddle, LLP

Topic: Labor and Employment Law | CLE: 3.25 hours

Moderator: Emily Daniell, Christman Attorneys, PLLC

Topic: Appellate Law | CLE: 3 hours, 0.5 hour Ethics

Moderator: Paul Leopold, KoonsFuller, P.C.

Child Welfare Seminar

CLE: 4 hours ($65 for TCBA Members)

Appointment Wheel CLE: Juvenile Law Seminar

CLE: 4.5 hours ($75 for TCBA Members)

Have a CLE topic in mind or suggestions for future programs? We’d love to hear from you! Reach out to us today to help shape our upcoming offerings.

Tarrant County Volunteer Attorney Services

By Sarah Hall Hoffman, Pro Bono Programs Director

Spring 2024 Uncontested Divorce Clinic: Hosted by TVAS & LANWT

At the end of April, TVAS and Legal Aid of NorthWest Texas (LANWT) partnered to hold the Spring 2024 Uncontested Divorce Clinic. This clinic was sponsored by Cantey Hanger LLP. Attorneys met and began representing low-income individuals, assisting them with an uncontested divorce and paralegals involved with TVAS assisted in drafting

THANK YOU TO THOSE WHO ASSISTED WITH THE SPRING 2024 UNCONTESTED DIVORCE CLINIC!

ATTORNEYS PARALEGALS

Bryan Berens

Tiereney Bowman

Devon Davis

Janet Farmer

Summer Chappell

Kelly Cobb

Ninfa Cruz

Susan Davis

the necessary paperwork. Philip Vickers from Cantey Hanger LLP and Lori Spearman from Jim Ross Law Group conducted the free CLE provided to TVAS volunteers prior to the clinic. It takes a dedicated team of volunteer attorneys, paralegals, and mentors to make this clinic a success, and TVAS is grateful for the continued support for this clinic. g

2024 Pro Bono Award Spotlight

SUMMER CHAPPELL

PARALEGAL VOLUNTEER AWARD

Summer Chappell joined The Harris Law Firm in 2012. She works alongside the attorneys from case inception through final trial. She has also served a Certified Community Supervisor since 2011, providing a safe environment for parents and children during litigation. Summer views her job helping clients through tough family situations as a ministry to others. She uses her personal experiences as way to help clients through their darkest moments, and to show them there is light at the end.

believer in community service and supporter of many causes with a focus on Domestic Violence.

She is an active member of the Tarrant County Bar Association, Tarrant County Family Law Association, State Bar of Texas Paralegal Division, Texas Bar College, and Fort Worth Paralegal Association. She is the 2022 Fort Worth Paralegal of the Year. She has served on the Board of Directors for the Fort Worth Paralegal Association since 2019, and the State Bar of Texas Paralegal Division Board since 2019.

In her free time, she enjoys spending time with her family, traveling, riding horses, as well as spending time with her horse, cats and rescue German Shepherd. g

Summer Chappell is also a Certified Divorce and Family Law Life Coach, Certified High Conflict Coach, and a Certified Divorce Transition and Recovery Coach. Summer is a strong Looking for ways you can support TVAS but unable to volunteer?

Consider sponsoring a clinic! Contact sarah@tarrantbar.org for more details.

Classified advertising is available at www.tarrantbar.org/classifieds.

To place a classified ad on our website, contact Elizabeth Banda at elizabeth@tarrantbar.org.

JUDICIAL PROFILE

Chief Justice Harlan Tod Weaver

Harland Tod Weaver served as the eighth chief justice of the Second Court of Appeals, Fort Worth Texas, from 1988 to 1992 and then as an associate justice from 1992 to 1994.

Weaver was born on August 12, 1924, in the Highway Community, in Dickens County, Texas. He was the youngest of eight children of Newton E. Weaver and Celia Warren Weaver. His parents were farmers who migrated to Dickens County from Eastland County, Texas after World War I. In 1930 when he was six years old, his mother passed away. At age 15 Weaver was sent to live with his sister and brother-in-law Gordon and Lola Mae Parks and their children Yuba Lee and Lola Beth.

In 1942 Weaver graduated from Spur High School in Spur, Texas. He was active in Future Farmers of America, the quarterback of the football team, senior class president and valedictorian in his graduating class.

World War II

Weaver was a senior in high school when the bombing of Pearl Harbor occurred. He was determined to join the Navy after graduation. In the spring of 1942 Weaver qualified as a cadet in the U.S. V-12 Navy College Training Program, a program to supplement the force of commissioned officers in the United States Navy during World War II. Weaver began the program at the University of Texas but was disqualified when he failed the physical exam due to a hernia.

Weaver went to work for the North American Aircraft Factory in Dallas, Texas and saved his money for the surgery. After successful surgery he was drafted into the navy and served aboard a troop transport ship on the Executive Officer’s staff, as a yeoman striker. He was accepted in the naval cadet program and trained at William Jewel College in Kansas City, Missouri. After training he became a naval pilot and naval officer in the U.S. Navy Air Corps.

Education

After the war, Weaver enrolled in the University of Texas and received a business degree in 1951 and a law degree in 1953. During law school he was an Associate Editor of the Texas Law Review and a member of the Delta Theta Phi Law Fraternity.

By Perry Cockerell, Perry Cockerell, P.C.

Legal Practice

In 1953 Weaver began his law practice in Fort Worth. Over the next thirty-three years he handled civil, criminal and family law matters in Tarrant and Dallas counties. He described his practice as “representing the very poor, small businesses, banks and financial institutions, oil and gas clients and major concerns.” Weaver’s last office was in Grapevine.

Personal

Weaver married Virginia Frances “Gina” Sterrett, and the couple had four children, Timothy Tod Weaver, Stanley Shane Weaver and Leigh Ann Weaver and John Weaver.

In 1974, Weaver married Delores Beall Weaver and remained married to her until his death.

Judicial Service

In 1986 Weaver ran as a Republican for judge of the 233rd District Court, a family court, against incumbent Judge Harold Valderas, a Democrat. Weaver argued that when people are “seeing their life crumbling” during a divorce proceeding, they need a judge in charge “who will give it his best.” Weaver defeated Judge Valderas in the general election when the GOP took control of the Tarrant County Commissioner’s Court and the offices of District Clerk and County Clerk. The GOP had previously secured the Sheriff’s office, but not the District Attorney’s office.

In 1988 Weaver announced that he would run for the Second Court of Appeals and challenge Chief Justice Howard Fender, a Democrat. If successful, Weaver’s election would make him the first Republican chief justice on the court since the court was established in 1882.

Weaver campaigned that “his experience would make him a more compassionate judge” and that “a bipartisan court will better serve the people.” He noted that “[A]ll seven 2nd Court of Appeals judges are Democrats” and “I want to be the first elected Republican.” Weaver received endorsements from then Governor Bill Clements and former governor John Connally.

Weaver defeated Chief Justice Fender in the general election. Weaver’s election as a Republican was unprecedented, but his defeat of an incumbent chief justice was not. Fender defeated Chief Justice Frank Massey in 1982 who held the post for thirty years. Massey defeated Chief Justice Earl Hall in 1952.

Prior to Hall, in 1940 former Chief Justice Atwood McDonald defeated Chief Justice Irby Dunklin who was 83 years old and had spent 24 years on the court. Dunklin was seeking a second six year term on the court.

In 1898, Truman Conner challenged Chief Justice Benjamin Dudley Tarlton in the Democrat primary, while Tarlton was serving his first term. Securing a majority of the Democrat delegates prior to the Democrat Convention, Tarlton withdrew from the race rather than face defeat.

Resignation to Serve Again

Weaver’s term on the court was unusual. After winning the election in 1988, in 1991 he announced that he would resign the chief justice position. However, Weaver’s resignation was not to leave the court but to extend his length on the court so that he could serve to age 75 when he would have to take mandatory retirement. Weaver announced that he would seek the seat being vacated by Associate Justice Joe Spurlock who announced that he would not seek reelection.

The Fort Worth Star Telegram reported the story as “Appeals court judge to quit so he can run again.”

“If I waited to run again in 1994 when my present terms ends, another six-year term would take me past the mandatory retirement age,” Weaver said.

Weaver’s resignation was not unprecedented. In 1951 Chief Justice Atwood McDonald, after serving eleven years, resigned his position to return to the private practice of law.

Weaver’s decision to resign as Chief Justice came with political consequences. Democrat Governor Ann Richards who was elected in 1990 tapped Associate Justice John G. Hill to the Chief Justice position. Hill was confirmed by the Texas Senate in February 1993.

Weaver’s dream to work until 75 was short-lived. In December 1994 he resigned from the court at the age of 70 citing the administrative workload. He continued to serve as a retired justice until 2001.

Judicial Decisions

While on the court Chief Justice Weaver ruled in some interesting civil and criminal cases and always sought to pursue justice in his opinions.

In McInroe v. Lloyd , 847 S.W.2d 362 (Tex. App.—Fort Worth 1993, no writ) the appellant filed suit to foreclose a vendor’s lien whose consideration was based on the purchase price, an option agreement to purchase another tract, and assumption of the note given for the option. The deed provided that the vendor’s lien was retained in the real property. The appellant filed suit to foreclose the vendor’s lien. The trial court found that vendor’s lien applied only to the indebtedness secured but not to the option agreement, which the court found had expired. The trial court entered a take nothing judgment and assessed legal fees against the party. Weaver reversed, finding that “purchase money” does not necessarily mean a money obligation, and that a vendor's lien will secure nonmoney obligations. The court found that the trial court erred in finding that the vendor’s lien did not secure the option to purchase the land.

In Ex parte Higginbotham, 768 S.W.2d 4, 5 (Tex. App.— Fort Worth 1989, no writ) Weaver found the contempt order

too vague and did not apprise the acts which were prohibited.

In Runyan v. Mullins, 864 S.W.2d 785, 787 (Tex. App.— Fort Worth 1993, writ denied) a case involving cross motions for summary judgment, the appellee raised error that the appellant had not attacked the grant of summary judgment but only the denial of summary judgment. Weaver found that the appellant’s point of error was “sufficient to advise this court that appellants are contesting both the denial of their motion and the granting of appellees' motion.”

Weaver wrote the opinion in Trinh v State, 930 S.W. 2d 214 (Tex. Civ. App. – Fort Worth 1996, pet’d ref’d) where the State offered a witness who testified to the bad reputation of the defendant. The court found the error harmless because the defendant failed to instruct the jury to disregard the testimony. During the punishment phase of the case, the State offered a witness who testified to the defendant’s bad reputation but he did not know the defendant on the date of the crime. The defendant moved for a mistrial which was denied. Weaver wrote that the admission of the evidence was harmless beyond a reasonable doubt because the State did not emphasize this testimony in arguments to the jury, two other witnesses had testified to the appellant’s bad reputation without objection, and the nature of the appellant’s actions during the crime allowed the jury to assess the maximum sentence under law.

In Martin v. State, 768 S.W.2d 12, 13 (Tex. App.—Fort Worth 1989, no pet.) Weaver wrote the opinion reversing a conviction of murder where the jury instructions failed to include limiting instructions that were required in the law. The court noted that “in his argument at the punishment phase the prosecutor specifically mentioned the parole instructions.”

In Casarez v. State, 857 S.W.2d 779 (Tex. App.—Fort Worth 1993) the prosecutor struck two jurors who were Pentecostal because he was concerned whether they could assess punishment. Weaver held that the traditional equal protection analysis was not appropriate when applied to peremptory challenges. That decision was originally before Justices Weaver, Lattimore and Hopkins but was taken up en banc. Justices Harry Hopkins and Lattimore concurred in the opinion. However, Chief Justice John Hill and Justice Mary Ellen Hicks dissented in the opinion. That decision spawned over forty subsequent citations and at least fourteen law reviews citing that Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986) is limited to race-based peremptory challenges.

Death

Weaver passed away on November 20, 2018, at the age of 94. He was buried in Parker Memorial Cemetery in Grapevine, Texas next to his wife Delores Hutchins Weaver who died in 2011.

Weaver was proud of the fact that he was a member of the State Bar of Texas for over 60 years. g

11:30 a.m. CHECK-IN

12:00 p.m. AI & Ethics

Kassi Burns, King & Spalding LLP

1:00 p.m. HIPPA

Cynthia Maragoudakis, The Law Office of Cynthia Kent Maragoudakis, PLLC

2:00 p.m. Filing Appeals

Clarissa Hodges, Second Court of Appeals

Lisa West, Second Court of Appeals

3:00 p.m. Judges Panel

Tarrant County Criminal District Court

4:00 p.m. ADJOURN

Tarrant County Bar Association

LAWYER REFERRAL & INFORMATION SERVICE

The Lawyer Referral & Information Service (LRIS) is a service of the Tarrant County Bar Association that benefits both TCBA member attorneys and the public.

TCBA’s Lawyer Referral & Information Service is completely customizable for participating attorneys with:

practice areas

Panels by Numbers*

Time Frame: January 2023-March 2024 & calls each month

specialized practice areas from which to choose LRIS averages more than more than 29 330 600

Approved by the American Bar Association, LRIS allows member attorneys to receive client referrals and build their business, while helping callers quickly find an attorney in the area of law they need.

The program is intended to help individuals who are able to pay normal attorney fees but have difficulty finding legal representation due to lack of experience with the legal system, lack of information about needed services, or fear of costs. Membership costs range $150 - $200 annually.

For more information about LRIS membership, please visit www.tarrantbar.org/JoinLRIS or contact lris@tarrantbar.org.

*Time Frame: January 2023-March 2024

How Did Callers Hear About LRIS?

Frame: January 2023-March 2024

TEXAS LAWYERS FOR TEXAS VETERANS

TARRANT COUNTY CHAPTER

By Sarah Hall Hoffman, Pro Bono Programs Director

2024 Pro Bono Award Spotlight

Brittany is an estate planning and probate attorney where she focuses on helping those in Tarrant, Wise, and Parker Counties with their Wills, Trusts, and other planning documents along with assisting with the legal transfer of assets once a loved one has passed away. After receiving her Bachelor’s Degree from University of the Ozarks in Clarksville, Arkansas, Brittany went on to graduate with her J.D. from Texas A&M University School of Law in 2016. Brittany and her wife, Nicole, have one daughter, Adaline, and plenty of pets to keep them busy. When not working and not going to cheer events for her daughter, Brittany enjoys participating in CrossFit and assisting Guardianship Services, Inc., where she serves as a Board Member. g

If you are passionate about providing legal assistance to veterans in need and have creative solutions and ideas to share, consider joining the TLTV committee, which meets the third Wednesday of each month from 12 p.m. to 1 p.m. Contact sarah@tarrantbar.org for more details.

THANK YOU TO OUR VOLUNTEERS WHO ASSISTED WITH 2024’S TLTV

Rachel Barr Kirsten Clark Scott Conyers

George Muckleroy David Pritchard

Karon Rowden

Larry Lexington “Lex” Johnston

1965-2024

Larry Lexington Johnston II, known to family and friends as “Lex”, finished his road trip to heaven on April 21, 2024. Born September 22, 1965 in Fort Worth to Larry and Mary Johnston, he dedicated his life to defending his country, his family, and his clients. Lex was a proud graduate of Euless Trinity High School and Texas Wesleyan School of Law in Fort Worth. He was a true Texas cowboy whose greatest prides were being a father and a “Grumpy”.

Lex is survived by his wife Nelda Altland, daughter Camryn Robbins and husband Bubba and Lex’s favorite cowpoke and grandson Fisher Robbins; son Larry “Trey” Johnston III and wife Annaliese; and step-daughter Isabell Altland; sisters Kathy Rojas and husband Sam, Detta Owens and husband Curtis, Mary Schmidt and husband David and Theresa Smith and husband Steve; brothers Chris Johnston and wife Dianne and Albert Johnston and wife Kindra; and countless nieces, nephews, cousins, colleagues and friends. g

Published by Legacy Remembers on May 7, 2024.

Member Benefits Vendor List

TCBA members may take advantage of discounts provided by the following vendors:

AMO Office Supply guarantees the lowest prices on office supplies for TCBA members, with next-day delivery and free shipping. Call 800.420.6421.

Falcon Document Solutions provides quick, efficient, and reliable process services, document scanning, printing, copying, electronic discovery, litigation displays, and trial boards. They are available 24/7 at 817.870.0330 or visit their website at www.falcondocs.com. TCBA members can enjoy discounts on their services.

Fort Worth JSB Co., Inc. offers a 10% discount for TCBA members on printed materials — business cards, letterhead, envelopes, business forms, brochures, flyers, and more. To receive a quote, call 817.577.0572.

Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details.

For IT Help:

Juris Fabrilis provides members with discounted rates on web-based tools to assist in managing their law practices. For more information, call 817.481.1573 ext. 101.

For Shredding and Document Disposal:

Magic Shred is a secure shredding business that offers TCBA members a 10% discount to TCBA members. They provide on-site document shredding services. TCBA also organizes 4 free shredding events per year exclusively for its members. Members can bring up to five boxes for shredding free of charge. Call 940.783.6580 for details. g

2024 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED

If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, or email tcba@tarrantbar.org

or