November/December 2020
Steve Laird
Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason
It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2020) - Thomson Reuters
Now One of Only 9 Texas Lawyers Board Certified in Truck Accident Law by the National Board of Trial Advocacy. One of the Top 100 Lawyers in the Entire State—Again—There’s a Reason
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S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
President’s Page
by GARY MEDLIN
Welcome to the joy of the Thanksgiving and holiday season!
T
his year has been such a challenge that there has not been in recent times a greater need for some joy and a need for a holiday from the pressures of the pandemic. If 2020 were an unwelcome house guest, we would have kicked him out long ago, changed our locks, and sought an emergency protective order. Many in our community are suffering. Some from the economic downturn, some from illness or deaths in the family, and some from both. And all of us are suffering from some degree of “Covid-19 fatigue.” I hope and pray that you and your loved ones have stayed healthy and financially secure. The demand on social safety nets such as the Tarrant County Food Bank has never been greater; many are facing eviction as well as food insecurity or other challenges. This season is traditionally the time of year when giving is greatest. Charities depend year-round on the increased giving that comes at the end of the year. But this year will surely test the ability of the many generous among us to meet the exceptionally great need. For this reason, I am glad that the Holiday Party Committee planned an opportunity for all of us to give back to the community in lieu of our annual get together. On December 10, we can all donate a toy or stuffed animal at the drop off event at the Bar. Look for details in this Bulletin. Thank you to the Holiday Party Committee and Chair Kim Stoner for planning the service opportunity. I hope you and your family will be able to celebrate the Thanksgiving holiday, even if it’s a smaller gathering this year, and I pray you will still find much to be thankful for. For myself, I am thankful for the health and love of my family, for my firm surviving the economic downturn, for my friends, and for the Tarrant County Bar Association and all it does for the legal community. I am thankful for the profession I love and the ability to use the law to help others as well as provide for my family. It may too much to dream of a white Christmas in
Tarrant County, but I hope that your holidays are as joyous as ever and find you with those you cherish most. For my family, since the snow probably won’t come here, we are hoping to go north to where the snow is and take my eight-year old daughter skiing for the first time. As this special season approaches, please consider giving to charity as much as past holiday seasons if you can. The need is greater than ever. I plan to give more than past years to the Tarrant Food Bank which is striving mightily to help feed the food insecure in our community. There is no shortage of other worthy charities helping those in need now, and year-round. And please stay as involved as possible in our association. We will miss our annual in-person holiday party but there is no shortage of other ways to participate in sections, CLE and other opportunities. Another great opportunity to look forward to is the return in April of our Bench Bar conference; it’s going to be wonderful to get together again and in person at Horseshoe Bay. I can’t wait! Please have a happy Thanksgiving, a merry Christmas, a happy Hanukkah, and a wonderful holiday season. And may you and yours stay safe and healthy! g
The Tarrant County Bar Association Holiday Party Committee invites you to donate new bears, books, and toys for National Adoption Day/Family Courthouses and Toys for Tots. Thursday, December 10, 2020 11:30 a.m.-1:00 p.m. and 4:00 p.m.-5:30 p.m. Drive by and drop off donations will be accepted at the TCBA parking lot. Please RSVP ahead of time at
www.tarrantbar.org/holidaydonations. NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 1
Contents Features 3 5 12
Tarrant County Bar Association’s Holiday Event
21
Brain Break with the Fourteenth Court Houston
11
Tarrant County Bar Foundation’s Advocates for Justice
817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2020-2021 Officers
President.....................................Gary Medlin President-Elect.....................Kimberly Naylor Vice President............................Karen Denney Secretary-Treasurer...........................Lu Pham
TCBA Diversity Committee’s Latest Book Club Selection and Discussion
Directors Term Ends 2021
Director..............................Sherry Armstrong Director.............................Katherine Hopkins Director......................................Scott Lindsey
Departments 1 President’s Page 4 YLA Snapshot 7 100 Club 8 CLE Corner 13 Texas Lawyers for Texas Veterans 14 Lawyers on the Move & in the News 14 Membership Report 17 Wellness Connections Committee 18 Judicial Profile - Judge Christopher R. Wolfe 22 Tarrant County Volunteer Attorney Services 24 Snippets 26 Benefits of Membership 27 LegalLine 28 In Memoriam 29 Other Associations’ News & Information Advertisers' Index
Term Ends 2022
Director....................................John Lively, Jr. Director........................................Dana Manry Director.......................................Lynn Winter
23
Bailey & Galyen.....................................................15, 20 Deborah Adame.........................................................19 Edward Jones...............................................................6 Juris Fabrilis.....................................................................29 Law Offices of Steven C. Laird, P.C.......Inside Front Cover LawPay..................................................................12 Parker Law Firm.........................................................16 Texas Lawyers’ Insurance Exchange.............................25 Tindall Square Office Complex...................................19
2 www.tarrantbar.org
Tarrant County Bar Association
▪ NOVEMBER/DECEMBER 2020
2020–2021 Appointed Directors
Appointed Director.................Ralph Duggins Appointed Director............Marvina Robinson
Tarrant County Young Lawyers Association
Fall 2020 President..................Andrea Palmer Fall 2021 President................Brian Singleterry Immediate Past President...............John Cayce Executive Director....................Megan Cooley Ex-Officio Members State Bar of Texas Director.......................................Steve Naylor Director................................Jason C.N. Smith Bar Bulletin Editor......................................John F. Murphy Graphics/Production............Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers or the Board of Directors. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
Advocates for Justice highlights the impact of the Bar Foundation’s work in Tarrant County and celebrates the Bar Foundation’s Fellows, volunteers, and community partners.
Thank You Our Sponsors Event Sponsors
Adams, Lynch & Loftin, P.C. Bourland, Wall & Wenzel, P.C. Haynes and Boone, LLP Kelly Hart & Hallman LLP McDonald Sanders, P.C. The Medlin Law Firm, PLLC
Advocate Sponsors
Law Office of Aleed J. Rivera, PLLC Parker Law Firm Seltzer & Dally, PLLC Texas A&M University School of Law
Tarrant County Bar Foundation
Welcomes
New 2020 Fellows
Life Fellow Life Fellow Life Fellow Fellow Fellow Fellow Fellow Fellow Fellow Fellow Fellow Fellow Fellow
Jo Ann Pate Jason B. Stephens Lynn Winter Heidi M. Angel Craig Barbolla Kerry Braxton Leslie Hunt Mary-Margaret Lemons Kristin Newman Jay Newton Tori Ford Oblon Jeremy Pruett Robley Sicard
Joe Straus, Former Speaker of the Texas House of Representatives (2009-2019) in A Conversation about Leadership with Representative Charlie Geren (District 99) Bottom: Tarrant County Bar Foundation Chair (2020) Arturo Errisuriz
NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 3
YLA Snapshot Andrea Palmer, President TCYLA
F
all weather is finally here! In a typical year, we’d be holding Fall Fete, gathering with newly licensed attorneys and local judges to kick the year off. That will have to wait until next year, and we have also decided to push the fall charity golf tournament to Spring 2021. While we look forward to in-person events in the future, we remain focused on the here-and-now. In the meantime, we have lots of virtual events to join. Our monthly CLE lunches continue to be well-attended (the September CLE with District Attorney Sharen Wilson really stood out!). I’ve loved seeing TCYLA members at the SIDE* Bar events presented by the TCBA Diversity Committee (lead by TCYLA Director Harrison Smith), and I’d like to encourage those who haven’t yet to attend. These facilitated discussions have really helped open my perspective. Our Wellness Series, sponsored by a generous grant from TYLA, continues with two more events. Plan to join us for a yoga class with Soul Sweat Yoga, with virtual yoga videos on our website (email Brian Singleterry for more info). Or, grab some friends and compete in virtual trivia (email Spencer Mainka to join). Though Election Day has passed, it’s important to keep civically involved throughout the year. Consider making
plans in the future to serve as an Election Poll Worker. If you receive a jury summons and you’re able to serve, make it a priority in your schedule. The iCivics platform, founded by former Supreme Court Justice Sandra Day O’Connor, is an amazing resource for teaching the kids in your life about civic engagement. I look forward to seeing you in a virtual event. Stay safe and stay involved! g
http://www.tcyla.org
We're Social | Follow Us Tarrant County Young Lawyers Association @TCYLA If you need an application or meeting information, call 817.338.4092 or email laurensc@tarrantbar.org.
Texas Lawyers for Texas Veterans
Tarrant County Chapter
TLTV presents “Representing Veterans and Their Families”—a veteran’s benefits nuts and bolts training by Mary Markovich. 3.5 hours of CLE (including .5 ethics) now available on-demand.
Ֆ Free for attorneys who have volunteered 10+ hours with TLTV in 2020. Ֆ $49 for attorneys licensed less than 5 years Ֆ $99 for attorneys licensed 5+ years
Email kayla@tarrantbar.org to access the on-demand webinar.
4 www.tarrantbar.org
▪ NOVEMBER/DECEMBER 2020
NOVEMBER/DECEMBER 2020
â–ª TCBA BULLETIN 5
IBRAM X. KENDI’S
HOW TO BE AN ANTIRACIST #1 New York Times BESTSELLER
Join the Diversity Committee for a Book Club Discussion
November 16, 2020 |12:00 PM
Reading the book is not required, all are welcome. ABOUT THE AUTHOR IBRAM X. KENDI is a #1 New York Times bestselling author, the Andrew W. Mellon Professor in the Humanities at Boston University, and the founding director of the BU Center for Antiracist Research. Before entering academia, Kendi trained and worked as a journalist. He earned his undergraduate degrees from Florida A&M University, and his doctorate from Temple University. Kendi lives in Boston.
Antiracism is a transformative concept that reorients and reenergizes the conversation about racism—and, even more fundamentally, points us toward liberating new ways of thinking about ourselves and each other. At its core, racism is a powerful system that c reates false hierarchies of human value; its warped logic extends beyond race, from the way we regard people of different ethnicities or skin colors to the way we treat people of different sexes, gender identities, and body types. Racism intersects with class and culture and geography and even changes the way we see and value ourselves. In How to Be an A ntiracist, Kendi takes readers through a widening circle of antiracist ideas—from the most basic concepts to visionary possibilities—that will help readers see all forms of racism clearly, understand their poisonous consequences, and work to oppose them in our systems and in ourselves. Kendi weaves an electrifying combination of ethics, history, law, and science with his own personal story of awakening to antiracism. This is an essential work for anyone who wants to go beyond the awareness of racism to the next step: contributing to the formation of a just and equitable society.
NOTICE: TCBA offices will be closing at noon on Wednesday, November 25. Offices will be closed Thursday, November 26 and Friday, November 27 for the Thanksgiving holiday. Regular hours resume Monday, November 30. 6 www.tarrantbar.org
The foregoing book summary is courtesy of Amazon, www.amazon.com.
▪ NOVEMBER/DECEMBER 2020
Members of the 2020–2021
100 Club
*List Reflected Below is as of October 26, 2020 Adams, Lynch & Loftin, P.C Albert Neely & Kuhlmann, LLP Anderson & Riddle, LLP Baker Monroe, PLLC Bank of America, Private Bank Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude, Smith, Jennings, & McGlinchey P.C. Brown, Proctor & Howell, LLP Curnutt & Hafer, LLP Decker Jones, P.C. Forshey & Prostok, LLP Freeman Mills, P.C. Friedman, Suder & Cooke, P.C. Frost Bank Gaydos Duffer, P.C. Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Hutchison & Stoy, PLLC Jackson Walker, LLP K&L Gates LLP Kelly Hart & Hallman LLP KoonsFuller, P.C. Law, Snakard & Gambill, P.C.
Linebarger Goggan Blair & Sampson, LLP Lively & Associates, PLLC McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman Howell Smith & Lee, PLLC Nelson Bumgardner Albritton, P.C. Noteboom Law Firm Padfield & Stout, LLP Pham Harrison, LLP Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Robbins Travis, PLLC Second Court of Appeals Seltzer & Dally, PLLC Sharen Wilson, Criminal District Attorney's Office Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm, P.C. The Clark 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, P.C.
100 Club
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2020–2021 bar year qualifies 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 is proud of 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, contact our Membership Director Lauren St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org. g
CLE
Corner
TCBA Offers Free and Low Cost Online CLE to Its Members: 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 Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Appellate Section Meeting & CLE
Topic: Brain Break with the Fifth Court Dallas Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Chief Justice Robert D. Burns III • Justice Cory L. Carlyle • Justice John G. Browning CLE: .5 hour of Ethics (FREE to TCBA Members) Topic: The Office of Solicitor General: Twenty Years of Representing Texas’s Interests Speaker: Kyle Hawkins, Solicitor General CLE: .75 hour
Appellate /Business Litigation Law Sections
Topic: Proof and Pitfalls in Seeking Recovery of Attorney’s Fees Speaker: Justice Mike Wallach, Second Court of Appeals CLE: 1 hour
Business Litigation/Construction Law Sections
Fort Worth Business & Estate Webinars
Topic: Recent Developments in Estate Planning Speaker: Professor Stanley Johanson, University of Texas at Austin School of Law CLE: 1 hour Topic: Hot Topics in Estate Planning Speakers: Steve Ackers, Bessemer Trust; Mike Bourland, Bourland Wall & Wenzel, P.C.; John Porter, Baker Botts, LLP; Lee Schwemer, Former Supervisory Attorney (Estate Tax), IRS; Current Lecturer - UTA CLE: 1 hour Topic: National Economic Update Speaker: Joe Tracy, Executive Vice President and Senior Advisor to the President - Federal Reserve Bank of Dallas CLE: 1 hour
Topic: Zoom Trials - Lessons Learned in the First Fully Zoom Trial Speaker: Judge Nicholas Chu, Justice of the Peace, Pct. 5 Travis County, Texas CLE: 1 hour
Real Estate Section Webinars
Construction Law Section Meeting & CLE
Topic: Evictions in the Era of Covid-19 Speaker: Sam Johndroe, Johndroe Law, PLLC CLE: .75 hour (FREE to TCBA Members)
Topic: The Intersection of Contracts and Technology Speakers: Christian Blomdahl, Suffolk; Grant Hagen, The Beck Group CLE: 1 hour Topic: Issues in Commercial Construction Bankruptcies Speaker: Jason Kennedy, Harrison Steck, P.C. CLE: 1 hour
Corporate Counsel/Labor & Employment Law Sections Webinar
Topic: Arbitrarily Selecting Black Arbitrators for Employment Discrimination Disputes Speaker: Professor Michael Green, Texas A&M School of Law CLE: .75 hour
8 www.tarrantbar.org
▪ NOVEMBER/DECEMBER 2020
Topic: Lessons Learned Related to Water in a Real Estate Transaction Speaker: Mark McPherson, McPherson Law Firm, PLLC CLE: .75 hour (FREE to TCBA Members)
Topic: Intersections of Real Property and Family Law in Texas Speaker: Martin Garcia, Simplified Title Company CLE: .75 hour (FREE to TCBA Members) Topic: Intersections of Real Property and Immigration Law in Texas Speaker: Shae Armstrong, Partner, Stinson LLP CLE: 1 hour (FREE to TCBA Members) Topic: Real Estate and Bankruptcy: Issues that May Arise in light of Covid-19 Speaker: Machir Stull, Cantey Hanger LLP CLE: 1 hour (FREE to TCBA Members)
Missed a Brown Bag CLE? Check out the Brown Bag Seminar (Webinar) recordings below and watch at your convenience. Visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Topic: Ethics CLE: 3 hours of Ethics Presentations include: Moderator: Brian Singleterry, Cantey Hanger LLP • Tips and Traps to Avoid Malpractice (Robert Tobey, Tips and Traps to Avoid Malpractice) • Law Practice Disruptions (Charles Awalt, Charles H. Awalt Law Office; Dwayne Smith, Gardner & Smith, PLLC) • Diversion Program Ethics (Leon Reed, The Law Office of Leon Reed, Jr.) • Professional Ethics (Magistrate Judge Hal R. Ray, Jr., United States District Court Northern District of Texas) • Technology Ethics (Miles Brissette, The Law Offices of Gill & Brissette - not a partnership; Bob Gill, The Law Offices of Gill & Brissette - not a partnership)
Topic: “Pot-Pourri” CLE: 3.0 hours Presentations include: Moderator: Sherry Armstrong, The Law Office of Sherry R. Armstrong • Cannabis Law Issues (Benson Varghese, Varghese Summersett PLLC-Defense) • Cannabis Law Issues (David Alex, Tarrant County Criminal District Attorney's Office-Prosecutor) • “Growing the Texas Cannabis Market: State and Federal Cannabis Legislation Now and Tomorrow” (Leslie Ritchie Robnett, Kelly Hart) • Trademark Registration Issues for Businesses (Lee Hunt, Brackett & Ellis, P.C.) • Landlord/Tenant (Veronica Chavez Law, Brackett & Ellis, P.C.) • Judicial Panel (Judge Mollee Westfall, 371st District Court; Associate Judge Lindsay DeVos, 231st District Court)
Brown Bag Seminar (Webinar)
Appointment Wheel CLE (Webinar)
Brown Bag Seminar (Webinar)
Topic: Quick Hits for Navigating Covid-19 CLE: 3.25 hours, including 1 hour ethics Presentations include: Moderator: Brian Singleterry, Cantey Hanger LLP • Employment Issues (Caroline Harrison, Pham Harrison, LLP; Jason Smith, Law Office of Jason Smith) • Virtual Mediations and Ethical Implications (Jennifer Caldwell, Jennifer M. Caldwell, P.C.) • Bankruptcy Issues (Mark French, Law Office of Mark B. French) • CARES Act – Small Business Incentives (Professor William Byrnes, Texas A&M School of Law; Professor Neal Newman, Texas A&M School of Law) • Judicial Panel (Judge Brooke Allen, Probate Court #2; Judge Patricia Bennett, 360th District Court; Judge Kimberly Fitzpatrick, 342nd District Court; Judge Chris Wolfe, 213th District Court)
Brown Bag Seminar (Webinar)
Topic: Real Estate, Construction, Planning and Zoning CLE: 3.0 hours Presentations include: Moderator: Mary Barkley, Cantey Hanger LLP • Texas Ad Valorem Property Tax Litigation Preston J. Dugas III, Preston Dugas Law Firm, PLLC • Planning and Zoning Law Justin Light, Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P. • Emerging Issues in Real Estate Drafting Suzanne Frossard, M. Suzanne Frossard, P.C. • Texas Lien Law Summary Stephen D. Harrison, Harrison Steck P. C. • Updates on Texas Construction Law Cara Kennemer, Underwood Law Firm
Topic: Juvenile Law CLE: 4.0 hours Presentations include: Moderator: Angel Williams, Assistant City District Attorney • Departmental Overview and Specialty Program (Tarrant County Juvenile Services) • Public Access to Juvenile Proceedings (Brian Willett, Willett Law Office, PLLC) • Evidence in Juvenile Cases (Lane D. Thibodeaux, Law Office of Lane D. Thibodeaux) • Determine Sentencing & Juvenile Certifications (Kevin Boneberg, Tarrant County Criminal District Attorney’s Office; Zane Reid, Tarrant County Criminal District Attorney’s Office) • The Importance of Youth Voice in Court (Dylan Moench, Supreme Court of Texas Children’s Center Commission) • Juvenile Dispositions (Frank Adler, Frank Adler Law Office)
Free to TCBA Members:
Covid-19 Task Force Presents: Tarrant County Family Courts Covid-19 Update (Webinar)
CLE: 2 hours Moderator: Kim Naylor, TCBA Task Force Board Liaison and 2020-2021 TCBA President-Elect Judicial Panel: • Judge Jesse Nevarez, Jr. (231st District Court) • Judge Kenneth E. Newell (233rd District Court) • Judge James Munford (322nd District Court) • Judge Jerome S. Hennigan (324th District Court) • Judge Judith Wells (325th District Court) • Judge Patricia Baca Bennett (360th District Court) • Judge Cherami Jenkins (IV-D Court No. 2)
NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 9
Covid-19 Task Force Presents: Tarrant County Civil Courts Covid-19 Update (Webinar) CLE: 2 hours Moderator: Nick Bettinger, TCBA Task Force Co-Chair and TCBA Past President (2017-2018) Judicial Panel: • Judge David Evans (48th District Court) • Judge Don Cosby (67th District Court) • Judge Susan Heygood McCoy (153rd District Court) • Judge Josh Burgess (352nd District Court) • Judge Mike Hrabal (County Court At Law No. 3)
Covid-19 Task Force Presents: Tarrant County Criminal Courts Covid-19 Update (Webinar) CLE: 2 hours Moderator: Sherry Armstrong, 2020-2021 TCBA Board Director Judicial Panel: • Judge George Gallagher (396th District Court) • Judge Robb Catalano (Criminal District Court No. 3) • Judge Brent Carr (County Criminal Court No. 9) • Judge Deborah Nekhom (County Criminal Court No. 4) • Judge David Cook (County Criminal Court No. 1)
Lessons Learned From 157 Zoom Mediations: Maximizing Your Effectiveness in Your Next Zoom Mediation Presenters: Beth Krugler and John Brookman CLE: 1 hour
Tarrant County Young Lawyers Association Webinar
Upcoming CLE
November 16, 2020 | 12:00 p.m. – 1:00 p.m. Bankruptcy Law Section Presents:
Topic: Bankruptcy Court Procedures During Pandemic and Other Updates Panelists: • Bankruptcy Judge Mark Mullin • Bankruptcy Judge E. Lee Morris CLE: .5 hour (FREE to TCBA Members) The panel welcomes submission of questions in advance of the presentation. Please send to nancy.ribaudo@kellyhart.com.
November 19, 2020 | 12:00 p.m. – 1:00 p.m.
Fort Worth Business & Estate Section: Webinar & CLE
Topic: The Riley Case: A Comprehensive Charitable Estate Planning Case for a Business Owning Family Speaker: Phil Cubeta, CLU, ChFC, CAP, AEP, The Wallace Chair in Philanthropy at The American College of Financial Services CLE: 1 hour
November 19, 2020 | 4:00 p.m. – 4:30 p.m. Appellate Law Section
Topic: Brain Break with the Fourteenth Court Houston Moderator: Jody Sanders, Kelly Hart CLE: .5 hour of Ethics (FREE to TCBA Members) Please mark your calendars and feel free to email questions in advance to leslie.robnett@kellyhart.com.
Topic: E-Discovery Best Practices and Protocols Speaker: Dr. Gavin N. Manes, Avansic E-Discovery & Digital Forensics CLE: 1 hour
November 20, 2020 | 12:00 p.m. – 3:10 p.m.
Other Online Seminars Available (with no CLE) Tarrant County Young Lawyers Association Webinar
Register Now at www.tarrantbar.org.
Brown Bag Seminar (Webinar) Topic: Bankruptcy and Real Estate CLE: 3 hours of Ethics
Topic: “Busy World, Calm Mind: Using Mindfulness to Alleviate Stress and Live with Purpose” Speaker: Dr. Kathryn Soule, PhD, LPC, Soule Therapy
Wellness Connections Committee Program
Topic: Office Workshop – Pilates at Your Desk Speaker: Laura West Strawser, Pilates Instructor at the School for Classical and Contemporary Dance at Texas Christian University
Wellness Connections Committee Program
Topic: Cooking Demonstration & Menu Planning Speaker: Ed Soto, Culinary Director at Fount Board and Table in Dallas’ Uptown neighborhood
Covid-19 Task Force
Topic: Remote Working Tips Speakers: Nick Bettinger, McDonald Sanders, P.C. Jim Zadeh, Law Office of Jim Zadeh, P.C.
10 www.tarrantbar.org
▪ NOVEMBER/DECEMBER 2020
TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag
Seminar Series
12:00 pm 12:30 pm 1:00 pm 1:05 pm 1:35 pm 2:05 pm 2:10 pm 2:40 pm 3:10 pm
BANKRUPTCY AND REAL ESTATE NOVEMBER 20, 2020 Join the Webinar for CLE credit
Moderator: Scott Lindsey, Boyd Powers & Williamson
Construction Project-Owner Bankruptcy: Lien Priorities and Other Issues Jason Kennedy, Harrison Steck. P.C.
Intersections Between Bankruptcy and Real Estate Machir Stull, Cantey Hanger LLP BREAK
Claims that Survive Bankruptcy Mike McBride, J. Michael McBride, P.C. Bankruptcy Court Updates and Practice Tips Judge Mark Mullin, U.S. Bankruptcy Court Northern District of Texas BREAK The Landlord/Tenant Relationship Within the Bankruptcy Context Katherine Hopkins, Kelly Hart Tips and Tricks with Frequently Used Real Estate Documents Robert Ginsburg, McDonald Sanders, P.C. ADJOURN
3 hours of CLE credit requested
(This program will be videoed for showing throughout the year.)
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Brown Bag Registration: Bankruptcy and Real Estate | November 20, 2020 $50 TCBA Member
$75 non-TCBA Member
$15 TCBA Member Staff
Brown Bag Season Pass Holder
WHEN YOU REGISTER FOR THE WEBINAR ON THE TCBA WEBSITE, YOU WILL RECEIVE A CONFIRMATION EMAIL WITH THE ZOOM WEBINAR DETAILS. NOVEMBER/DECEMBER 2020
â–ª TCBA BULLETIN 11
POWERING
PAYMENTS Trust Payment IOLTA Deposit
FOR THE
LEGAL INDUSTRY
Amount
$ 1,500.00 Reference
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â–Ş NOVEMBER/DECEMBER 2020
Texas Lawyers for Texas Veterans
Tarrant County Chapter
T
Consider Volunteering for TLTV
LTV is always looking for more attorney volunteers. To get involved with TLTV, go to www.txltxv.org. We asked each of the attorneys who have done a phone consultation during Covid-19 “Why do you volunteer with TLTV?” Here are some of the responses: “I’m a veteran and support veterans getting help.” —Bob Brown, Bob Brown Law, P.C. “I had military service and knew a person who served in Afghanistan.” —John Corbin, The Law Office of John J. Corbin “Because veterans have given so much to our country and I feel we should give back to them.” —Wendy Hart, The Law Office of Wendy L. Hart “I want to help needy veterans with the skills I have.” —Lisa Jamieson, Bourland, Wall & Wenzel, P.C. “This is the least I can do for the true patriots of our country. Throughout my career, I have represented many Vets in Labor & Employment matters. Many worked at military bases following their active duty service. I am glad to have the opportunity to assist those patriots who do not have the means to hire an attorney to vindicate their rights. Thank you TLTV!!” —Deborah Krane, Law Office of Deborah A. Krane
“I like doing phone consults for TLTV because it gives me the opportunity to help people in a way that I would otherwise not be able to.” —Spencer Mainka, Pham Harrrison, LLP “I respect military service and want to give something back to people who have served.” —Zoe Meigs, The Law Office of Zoe Meigs, P.C. “Because I love it!” —Melissa Sircar, Sircar Law Office
Thank you to everyone who did a TLTV phone consultation in the last couple of months * Kee Ables Whitney Beckworth Julie Camacho Ola Campbell John Corbin Shawn Crawford Ali Crocker Jonathan Fox Amy Fuqua Ndidi Gbulie
David Pritchard Kyla Gunter Caroline Harrison Hannah Recker Wendy Hart Aleed Rivera Sam Johndroe Lynn Rodriguez Spencer Mainka Greg Roper Michael McBride Melissa Sircar Zoe Meigs Brandon Weaver Jason Miller George White George Muckleroy Melton Myers * List as of 10.9.2020
Kayla Dailey Pro Bono Programs Director
Texas Lawyers for Texas Veterans
Tarrant County Chapter
Looking for ways you can support TLTV but unable to volunteer? Consider sponsoring a remote or in person clinic! Contact kayla@tarrantbar.org for more details. NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 13
Welcome New Members of the TCBA: ATTORNEYS
Mary Baum Morgan Blair Elizabeth Brammer Stafford Brantley Kerry Braxton Elan Cabrero Louise Coffey Victoria Cornett Bethany Echols Jamie Harrison Amy Hedgecock Ashley Iovine Jennifer Luethke Denise McGettrick Kelsey McGlothin Courtney Mowdy Ladawn Nandrasy Ryan Phelan Michael Ricketts Luis Suarez Jennifer Therazin Suzy Vanegas Ryan Wangler Samantha Wommack
ASSOCIATES Hyun Rocco
Lawyers on the Move &
in the News
David A. Skeels of Fort Worth’s Whitaker Chalk Law Firm has been named a Fellow of the Texas Bar Foundation, based on his professional achievements and his demonstrated commitment to the improvement of the justice system and his commitment to the rule of law. Each year, the top one-third of one percent of Texas attorneys are invited to become Fellows. g
Susan Davis was recently honored with the 2019– 2020 Exceptional Pro Bono Service Award at the State Bar of Texas Paralegal Division’s first virtual Annual Meeting. The Academy of Truck Accident Attorneys elected Wade A. Barrow of Barrow Law, P.L.L.C., to its Board of Regents. A.T.A.A. is a national organization of plaintiffs attorneys specializing in truck accident law.
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@tarrantbar.org.
Membership Report - CLE on Demand
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s 2020 comes to an end and the season for being thankful is upon us, I’d like to extend a sincere note of thanks and appreciation to our members for your support of the Tarrant County Bar Association. While this year’s event calendar looks a little different from years past, we’re happy to continue providing you with the best tools and resources to keep you connected with one another and engaged in the association. If you’ve missed any recent CLE webinars provided by the TCBA, you’ll be happy to know that
these recordings are available for free or at a reduced cost exclusively to TCBA members via our new CLE on Demand catalogue at www.tarrantbar.org/cleondemand. In October, the TCBA hosted a virtual “Welcome to Tarrant County” event for the Texas A&M Law School’s 1L students. Please help us welcome our new members and law students to the TCBA family. g Lauren St. Clair Membership Director
Welcome 1L Students Shawn Abraham Paige Alderink Olivia Alland Matthew Allen Tiaotiao Anchondo Angelika Anderson Alexis Archer Jennifer Arnold Jeanna Ayres Joshua Barnhart Harrison Block Breyton Briggs Ayanna Brown James Carey Christyn Cavazos Hunter Chapa Matthew Childrey Mason Corbett Erendira Cruz
Samantha Davis Madeleine Dickson Ellen Earl Emily Earnshaw Claire Fecteau Emily Flinchpaugh Alyssa Flores Joshua Ford Terrance Foster James Frazee Mark Gannon Baldemar Garcia Charles Garcia David Garner Emily Garza John Gillett Gillermo Gomez Cristobal Gonzales Anna Graves
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Joshua Greene Madeline Greer Preslie Grumbles Rebekah Guajardo Rachel Guenther Kalvin Guyer Faraaz Haerinejad Colby Harbuck Merrick Hayashi James Heath Charles Hernandez Carl Hundt Jens Jacobson Jasmine Jones Kennedy Jones Makayla Jones Yvana Kepnga Sydney Key Abdullah Khalil
Michael Kline Julia Leary Ethan Libby Pelletier William Mahaffy Rebeca Martin Marissa Maxim Erin Mayes Ashlyn McCall Kayla McCallum Kelly McCauley Sydney McCaulley Cody McCrary Alexis Mielke Alyssa Mierzejewski Mason Miller Seth Montandon Caroline Muldowny Kathleen Nink Sarah Ong
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Brittany Osemwengie Kristen Paulsen Matthew Perez McCurdy Abrielle Perry Rhyan Phillips Casandra Pieper Haley Polk Rowan Pruitt Heather Raun Anne-Claire Rhymes Theodore Richardson Kate Rosenberg Daniel Schafer Jacob Schuler Rachel Sherrill Joseph Silva Ravyn Simmons Christian Simpson
Stacy Slaughter Maggie Smith Sarah Subramanian Alexis Symcheck Kayla Tabuena Emily Walker Robinett Waverly Anh Weinberg Hannah Welch Rachel West Justin Whitley Zane Williams Nicholas Wilson Paige Witt Sarah Wright Janet Wyse Bryn Young Claudia ZissmanMonzon
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he State Bar of Texas Board of Directors voted September 25 to petition the Supreme Court to order a vote of bar members on proposed amendments to the Texas Disciplinary Rules of Professional Conduct and Texas Rules of Disciplinary Procedure, as provided by Tex. Govt. Code 81.0877. On September 29, the court issued an order calling a referendum on the proposed rule changes. Under the order, voting will take place by paper and online ballot from February 2 to March 4, 2021. The proposals involve the following subjects: A. Scope and Objectives of Representation; Clients with Diminished Capacity B. Confidentiality of Information—Exception to Permit Disclosure to Secure Legal Ethics Advice C. Confidentiality of Information—Exception to Permit Disclosure to Prevent Client Death by Suicide D. Conflict of Interest Exceptions for Nonprofit and
Limited Pro Bono Legal Services E. Information About Legal Services (Lawyer Advertising and Solicitation) F. Reporting Professional Misconduct and Reciprocal Discipline for Federal Court or Federal Agency Discipline G. Assignment of Judges in Disciplinary Complaints and Related Provisions H. Voluntary Appointment of Custodian Attorney for Cessation of Practice The Committee on Disciplinary Rules and Referenda and the State Bar Board of Directors approved the eight proposals for inclusion on the ballot. For a rule change to take effect under this process, it must be approved by the committee, the board, the State Bar membership, and the Supreme Court. For more information on the rules vote, including a copy of the proposed rule changes, go to texasbar.com/rulesvote. g
NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 15
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â–ª NOVEMBER/DECEMBER 2020
Wellness Connections Committee The Wellness Committee Monthly Podcast Club NOVEMBER 2020
“For A Meaningful Life, Get Over Yourself ” Podcast Discussion
November 17, 2020 | 12:00 p.m.
FREE Event Speaker: Kate Casey, JD LPC of Autumn Ridge Counseling and Wellness in Southlake
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re you interested in making a small investment in your overall wellness with the potential for a lasting pay off? If so, then join the Wellness Committee’s monthly Podcast Club. Each month we will listen to a designated podcast, each at their own convenience, and gather for lunch hour discussion. For many of us, the post-graduation years are spent chasing the traditional markers of success. In “For a Meaningful Life, Get Over Yourself ” New York Times columnist David Brooks joins guest host Courtney Collins to talk about how acquiring fame and fortune can still leave us empty inside – and about how true joy is found when we begin to lead our lives in service to others. His latest book is called “The Second Mountain: The Quest for a Moral Life.” g
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Attorney Wellness – Mindfulness Meditation
and Wellness Connections Committee Meeting November 18, 2020 | 4:00 p.m.
Committee business to be conducted after presentation, at approximately 4:50 p.m. FREE Event Speaker: Mary Colchin Johndroe, Of Counsel, Cantey Hanger LLP
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ttorney Wellness-Mindfulness Meditation: Why do it? And, how you do it. A presentation about the benefits of Mindfulness Meditation, as evidenced by neuroscience, together with a brief, guided Mindfulness Meditation practice. g After you register for an event online with TCBA, you will receive an email that will include information about joining the event. For questions, please contact sladekj@lanwt.org. The Wellness Connections Committee has launched small group activities to promote social relationships and wellness during the pandemic. These groups meet virtually or in person with social distancing in outdoor settings. It is not necessary to be a member of the Wellness Connections Committee to join in these activities.
Updates from the Covid-19 Task Force
he mission and purpose of the (TCBA) Covid-19 Task Force is to identify and assess the needs of the TCBA members and the public arising from the Covid-19 pandemic, make recommendations to address those needs, and help mobilize relevant TCBA committees, volunteer lawyers, and other legal professionals to implement those recommendations.
How can we help you? Questions or Suggestions
If you have questions or suggestions for the TCBA Covid-19 Task Force, contact megan@tarrantbar.org. g
NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 17
Judicial Profile
By Perry Cockerell, Perry Cockerell, P.C.
Judge Christopher R. Wolfe
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n October 2018, Governor Abbott appointed Christopher R. Wolfe as Judge of the 213th Judicial District Court. He follows Judge Louis Sturns, who retired prior to the end of his elected term. Born in Lubbock, Texas, to Billy and Jill Wolfe, the Judge knew early on that he would become an attorney. He frequently watched his father, an attorney in Lubbock, try court cases in Lubbock and surrounding West-Texas courthouses. He recalls how greatly his father impressed him while trying personal injury or insurance defense cases. He was “moved by how hard his dad worked, and the responsibility he felt, to advocate for someone during one of the most stressful times of their life.” His dad was, and still is, Judge Wolfe’s hero. The Judge attended Lubbock High School and in 1995 graduated from Baylor University, where he majored in History. He attended Baylor Law School, where his interest in litigation from the years of watching his dad in trial led him to join the Baylor Mock Trial Team and the Order of Barristers. He and his BU mock-trial team became Regional Champions and National Finalist. For his litigation competence, Judge Wolfe received the BU Dewitt and Linnie Bowmer Award for excellence in cross-examination skills. After law school, the firm of Cowles & Thompson, P.C. in Dallas offered him a position as a litigation associate attorney. He accepted, but something else pulled him a different direction and could have changed his entire career path: He wanted to become a pastor and considered seminary school. Torn between two professions, he asked for a one-year deferral of his job at the Dallas law firm to spend time exploring another direction. “I loved the law, but I also loved theology.” He viewed both attorney and pastor as noble callings. In 1999, he left for Branson, Missouri and spent one year there assisting troubled teenagers at a Christian ministry and working through his decision whether to return to the legal profession. The trip became fortuitous because in Branson he met his future wife, Sarah Wolfe, when she traveled from Minnesota to visit her college roommate who was a co-worker with the future judge. The chance meeting ended up with her moving to Texas, and they became engaged. They were married by Pastor Ray Badgero, who was Sarah’s pastor at Moody Bible Institute, in 2000 at a chapel at Northwestern College in
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St. Paul, Minnesota. In 2000, he returned to Cowles & Thompson, P.C. and was assigned to the business litigation section in the firm. When he realized that it would take time for him to be in court on his own, another opportunity presented itself: He met with Tarrant County Criminal Court Judge Phil Sorrells who encouraged him to join the Tarrant County District Attorney’s office to gain significant trial experience. He agreed, and District Attorney Tim Curry hired him in 2000. He worked for the next three years in the District Attorney’s office handling numerous criminal cases ranging from DWIs to sexual assault, robbery, kidnapping, and drug-trafficking. In October 2003 he applied for an opening as a federal prosecutor in the United States Attorney’s Office in Fort Worth. Then U.S. Attorney Jane Boyle (now a U.S. District Judge), hired him to work in the Fort Worth office. He spent the next five years handling numerous federal criminal offenses, governmental theft, violent crime, bank robbery, public corruption, white-collar fraud, and complex, multi-defendant, drug-trafficking cases. One notable case involved the murder -for-hire plot to kill the Mayor of Arlington and City Attorney. He tried and convicted an FBI Special Agent for falsifying government documents, and in another case tried and convicted defendants who were operating a Ponzi scheme that targeted Christian ministries. In 2008, his family decided to transfer to Minnesota to be near his wife’s family. In Minnesota he worked for the U.S. Attorney’s Office in the District of Minnesota, Criminal Division prosecuting drug-trafficking cases. In 2010, he and his family moved “home” to Fort Worth. U.S. Attorney Richard Roper hired him. For the next eight years, he worked in the Fort Worth Office, becoming the Deputy Branch Manager of the USAO, Fort Worth Division. In 2018, Governor Abbott appointed him to the 213th Judicial District Court.
Life in the 213th Judicial District Court
Judge Wolfe decided to carry on the traditions of Judge Sturns. “Judge Sturns is a legend. He is loved and respected by everyone in Tarrant County and around the State.” He retained Judge Sturns’s staff and, as much as possible, maintained the same rules and procedures for the court, except that his federal experience caused him to require more writing from the attorneys before his court than they might be used to. “There are similarities in the state and federal criminal practices, but not many. The volume of cases before the state
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courts require procedural differences. A federal motions practice is unrealistic. However, I still prefer written product for out-of-the-ordinary or dispositive issues. Writing clarifies. In my experience, written litigation yields a more thoughtful analysis and is oftentimes more efficient.” He is comfortable in the new role and observes that the attorneys practicing in his court are “highly skilled and hard working.” “Their clients are in good hands.” Having been on the other side of the bench for 20 years, he understands the stress inherent in the criminal trial practice. “There’s nothing like it. It’s a rewarding, but hard life.” “We all have our roles, but I hope the attorneys before me feel respected and appreciated. I hope they think I’m fair and just. If not, my door is always open.” He is impressed with the attorneys who appear before him and expects attorneys to be punctual, friendly, and professional. Judge Wolfe and his wife have six children. They adopted one child after being foster care parents of the child. They are members of Covenant Orthodox Presbyterian Church in Fort Worth. g
Follow us on
@tarrantcountybar
NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 19
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â–ª NOVEMBER/DECEMBER 2020
The TCBA Appellate Section invites our members to celebrate the technological flexibility that allows us to eliminate distance by participating in virtual “brain breaks” with appellate benches from afar! We have invited members of the Fourteenth Court in Houston to engage in a 30-minute, informal panel conversation on everything from brief-writing and oral argument tips to “advice and lessons learned from the bench.” We hope these sessions will help us all learn how we can best help these Courts when we appear there. The Section has requested .5 hours of Ethics CLE credit for the conversation. Please mark your calendars for the session, and feel free to email questions in advance to leslie.robnett@kellyhart.com.
Register Today at www.tarrantbar.org/BrainBreak NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 21
Tarrant County Volunteer Attorney Services TVAS Legal Resource Center at True Worth Place Launches!
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n September 30, 2020, the TVAS Legal Resource Center at True Worth Place had a soft launch and held its first virtual office hours. Guests at True Worth Place were invited to participate in a quick information and intake session on legal matters via video conference. Using an iPad kiosk set up for video conferencing, guests were able to speak with an intake specialist who can help match the guest with legal resources and information. The Legal Resource Center does not provide guests with legal advice or representation. Instead, the Legal Resource Center provides legal information, related resources, and personalized referrals to other community organization that can give legal advice and/or pro bono representation. The Center is intended to provide True Worth Place guests with a consistent contact point and source of legal information and personalized assistance with matching a guest’s legal needs to an established legal aid or pro bono provider in the Tarrant County legal community. Originally intended to be an in person service, Covid has inspired some out-ofthe-box thinking and the office hours went virtual. A printer positioned next to the kiosk, allows the intake specialist to print documents instantly for a guest during the intake interview. Guests walk away with documents that clearly indicate their next steps, directions on how to stay in touch with the LRC, and resources that will hopefully allow them to resolve their legal matters. LRC has already scheduled its next virtual offices and expects to have a regular schedule of virtual office hours along with quarterly general advice clinics in 2021. The quarterly clinics will provide an opportunity for guests of True Worth Place to speak directly to an attorney for legal advice. If you are interested in being involved with the Legal Resource Center and/or the True Worth Place General Advice Clinics as a volunteer, please contact kayla@tarrantbar.org. g Melissa Sircar True Worth Place Legal Resource Center Project Manager
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Thank you to those who volunteered for the October Uncontested Divorce Clinic:
Attorneys Ademola Akande John Corbin Lizette Cortez Eleonora Esparza Joanna McKinney
Richard Price Karon Rowden Melissa Sircar Whitney Zwieg
Paralegals Jessica Amyett Susan Davis Claudia Goetz Lisa Grimaldi
Doris Jackson Trisha Klement Monty Mayes Julie Sherman
Thank you to everyone who is volunteering with the Fall HEROES Wills Clinic: John Corbin Shawn Crawford Karen Johnson Cynthia Maragoudakis Martin Rechnitzer Lynn Rodriguez Kathy Roux
Victoria Sheedy Melissa Sircar Julia Sladek Beth Thurman Wendy Walton Diane Wanger Whtiney Zwieg
Pro Bono CLE Series Learn the Nuts and Bolts
Free CLE webinars are available to TCBA members. Each CLE webinar has been previously recorded and is 1 hour. Visit www.tarrantbar.org/TVAS to get the links to the webinars.
Ֆ Landlord Tenant Basics in a Covid-19 World Ֆ Uncontested Divorces (with Covid-19 information) Ֆ Drafting Simple Wills and End of Life Planning Documents
NOVEMBER/DECEMBER 2020
â–ª TCBA BULLETIN 23
Snippets
Co-Editor Judge Carey Walker, County Criminal Court No. 2
Civil and Criminal
by Judge Bob McCoy g County Criminal Court No. 3
ASK JUDGE BOB
Judge Bob, what is a “Motion to Retax Costs”? An example would be costs assessed against an individual that include costs that are not properly taxable. The proper method for correcting this type of error is to file a motion to retax costs. See Ochoa-Bunsow v. Soto, 587 S.W.3d 431, 446 (Tex. App.— El Paso 2019).
MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN
(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) A diplomat is someone who can tell you to go to hell in such a way that you will look forward to the trip.
Moses
Noah
DANES’ QUOTE OF THE MONTH I would recommend to those persons who are inclined to stagnate, whose blood is beginning to thicken sluggishly in their veins, to try keeping four dogs, two of which are puppies. —Elizabeth Bon Arnum
CRIMINAL ITEMS OF INTEREST 1. Hearsay Evidence
Once the opponent of hearsay evidence makes the proper objection, it becomes the burden of the proponent of the evidence to establish that an exception applies that would make the evidence admissible in spite of its hearsay character. Amberson v. State, 552 S.W.3d 321 (Tex. App.—Corpus Christi 2018).
2. Expunction
A person who has been arrested is entitled to have all records and files relating to the arrest expunged if: (1) the person has been released; (2) the charge, if any, has not resulted in a final conviction and is no longer pending; (3) there was no court-ordered community supervision for the offense; and (4) the applicable limitations period has expired. Ex parte N.B.J, 552 S.W.3d 376 (Tex. App.—Houston [14th Dist.] 2018).
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3. Mistrial
The remedy of a mistrial is intended for a “narrow class of highly prejudicial and incurable errors”–those that would render any further expenditure of time and expense in trying the case wasteful and futile. Factors to consider include (1) the severity of the misconduct, (2) measures adopted to cure the misconduct, and (3) certainty of conviction absent the misconduct. Gomez v. State, 552 S.W.3d 422 (Tex. App.—Fort Worth 2018).
4. Constitutional Law
When reviewing the constitutionality of a statute, “we presume the statute is valid and that the Legislature has not acted unreasonably or arbitrarily. The burden rests upon the individual who challenges the statute to establish its unconstitutionality,” and “in the absence of contrary evidence, we will presume that the legislature acted in a constitutionally sound fashion.” Harty v. State, 552 S.W.3d 928 (Tex. App.—Texarkana 2018).
5. Disqualification
A trial court has limited authority to disqualify an elected district attorney and his or her staff from the prosecution of a criminal case. The office of a district attorney is constitutionally created and protected; thus, the district attorney’s authority “cannot be abridged or taken away.” Disqualification requires a conflict of interest rising to the level of a due process violation. Guzman v. State, 552 S.W.3d 936 (Tex. App.—Houston [14th Dist.] 2018).
6. Confrontation Clause
The Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him. To implicate the Confrontation Clause, an out-of-court statement must (1) have been made by a witness absent from trial and (2) be testimonial in nature.” Moore v. State, 553 S.W.3d 119 (Tex. App.—Texarkana 2018).
7. Child’s Testimony
A trial court may allow “any person whose presence would contribute to the welfare and well-being of a child” to remain in the courtroom during the child victim’s testimony if the trial court finds, by a preponderance of the evidence, that: “(1) the child cannot reliably testify without the possession
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of the item or presence of the support person, as applicable; and (2) granting the motion is not likely to prejudice the trier of fact in evaluating the child’s testimony.” Garcia v. State, 553 S.W.3d 645 (Tex. App.—Texarkana 2018).
CIVIL ITEMS OF INTEREST 1. Waiver of Error
When an appellee urges several objections to challenged evidence and on appeal, the appellant complains of its exclusion on only one of those bases, the appellant waives any error by not challenging all possible grounds for the trial court’s ruling that sustained the objection. Ochoa-Bunsow v. Soto, 587 S.W.3d 431, 437 (Tex. App.—El Paso 2019).
2. Costs of Court
to set a hearing on the motion. When a party gives a reasonable explanation for failing to appear, the court must reinstate the case. Some excuse, but not necessarily a good excuse, is enough to show a lack of conscious indifference in failing to appear. Roman v. Halverson, 587 S.W.3d 509, 513 (Tex. App.—El Paso 2019).
7. Intervention
Tex. R. Civ. P. 60. Authorizes a party with a justiciable interest in a pending suit to intervene in the suit as a matter of right. . . . Any party who opposes the intervention has the burden to challenge it by a motion to strike. . . . Intervenors are parties until the trial court grants a motion to strike. Ctr. Rose Partners, LTD. V. Bailey, 587 S.W.3d 514, 531 (Tex. App.—Houston [14th Dist.] 2019).
The trial court’s role in regard to costs of court is to adjudicate which party bears those costs, not to determine their amount. Ochoa-Bunsow v. Soto, 587 S.W.3d 431, 446 (Tex. App.—El Paso 2019).
QUOTE OF THE MONTH
3. Community Property
OLD NEWS
The community property presumption applies to both assets and liabilities. Therefore, there is a presumption that debt acquired by either spouse during marriage was procured on the basis of community credit.” Further, “an asset purchased on borrowed funds is presumptively community in character. Delgado v. Delgado, 587 S.W.3d 450, 458 (Tex. App.—El Paso 2019).
Law: An ordinance of reason for the common good, made by him who has care of the community. —St. Thomas Aquinas
The first car to be produced at the new General Motors plant in Arlington rolled off the assembly line January 6, 1954. It was a black Pontiac Chieftain deluxe four-door sporting the serial number T (for Texas) 1001. g
4. Derived Judicial Immunity
“The policy reasons for judicial immunity are also implicated when a judge delegates or appoints another person to perform services for the court or when a person otherwise serves as an officer of the court.” In this circumstance, the immunity attaching to the judge follows the delegation, appointment, or court employment. A person acting in such a capacity receives the same immunity as a judge acting in his or her official judicial capacity—absolute immunity for judicial acts performed within the scope of jurisdiction. Hernandez v. Sommers, 587 S.W.3d 461, 469 (Tex. App. – El Paso 2019).
5. Proof of Judicial Bias
Adverse rulings alone are not evidence of judicial bias. . . . . “Judicial remarks, even those that are critical or disapproving of, or even hostile to, parties or their cases, do not ordinarily support a bias or partiality challenge.” In re L.B., 587 S.W.3d 472, 478 (Tex. App.—El Paso 2019).
6. Motion to Reinstate
Texas Rules of Civil Procedure 165a(3) provides that a dismissed party may file a motion to reinstate his case within thirty days after the order of dismissal is signed. … The rule is mandatory, and a trial court has no discretion about whether
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NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 25
TCBA Membership 2020–2021
BENEFITS OF MEMBERSHIP
Follow us on social media Tarrant County Bar Association - Fort Worth @tarrantbar @tarrantcountybar
The Tarrant County Bar Association is comprised of over 2600 members and offers the best way to connect with the legal community in Tarrant County.
Membership benefits include: • • • • • •
Free and reduced cost CLE events offered through the TCBA’s 18 substantive law sections, Brown Bag CLE pass, and other CLE events. In addition, TCBA offers many of its CLE events online at a discounted rate for its members. The new and improved tarrantbar.org helps you to stay informed and connected with many member-only resources and features to help you track your TCBA involvement, committee and sections happenings, and upcoming TCBA events and CLE. Networking opportunities through joining a TCBA section or committee. Not sure how to get involved with TCBA? We can help! Contact laurensc@tarrantbar.org if you have any questions about a TCBA section or committee. Access to discounts and free professional services, including free document shredding and a discount for Lawyer Referral & Information Services (LRIS) membership. An online subscription to the Bar Bulletin, the TCBA’s bi-monthly magazine, and weekly emails detailing news and events in the Tarrant County legal community. Opportunities for community service at annual events like National Adoption Day, People's Law School, and the Blood Drive. The TCBA also provides pro bono volunteer opportunities at legal clinics through Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans- Tarrant County Chapter (TLTV).
Visit the website to learn more about all the great things the TCBA is doing for its members and the community. www.tarrantbar.org We thank you for your continued support of our organization. We look forward to your renewal for the 2020–2021 bar year. Please contact Lauren St. Clair at the bar office at 817.338.4092 or by email at laurensc@tarrantbar.org.
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▪ NOVEMBER/DECEMBER 2020
LegalLine Legal “
Why Do You Do LegalLine?
Some nights I start to back out because it has been a hectic day. Then I think of the hectic lives’ that most of the callers have and how just pointing them in the right direction CAN make a difference. Even if I only end up giving them referrals I often hear – you do not understandwhat it has meant that you heard me, listened to me and gave me direction, I have been lost but now I have hope that I can get this issue resolved! That is why I do it – I love helping people and I get great fulfillment when they tell me that I have touched them or made a difference for them in some way.” —Karon Rowden, Staff Attorney with Texas A&M School of Law Veterans and Advocacy Clinic
Thank you to those who volunteered with LegalLine in the last few months:* Norma Bazán Nick Bettinger Julie Camacho Ola Campbell Ali Crocker Eleonora Esparza Ndidi Gbulie Linda Gregory Kate Kim Bryce King
Kursten King Cynthia Maragoudakis Rocio Martinez Margarita Morton Violet Nwokoye David Pritchard Albert Roberts Lynn Rodriguez Karon Rowden Melissa Sircar * List as of 10.9.2020
NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 27
In
Memoriam
Rice M. Tilley, Jr. 1936-2020
R
ice M. Tilley, Jr., passed away Wednesday, Oct. 28, 2020. Rice was born June 21, 1936, the son of Rice M. and Lucille Tilley, Sr. He graduated from Phillips Academy at Andover (1954), Washington & Lee University (undergraduate 1958), SMU School of Law (J.D. Degree - 1961) and New York University School of Law (master's degree in taxation - 1962.) From 1962 to 1964, he served in the U.S. Army stationed in Germany as Battery Commander of a Missile Air Defense Battery retiring as a Captain. In 1964, Rice returned to Fort Worth to begin his legal career. He lectured numerous times in Texas, Oklahoma, and at Notre Dame in the fields of taxation, securities law, and real estate law. He served as Chairman of the Real Estate and Probate Section of the State Bar of Texas. His civic involvement included service on the Board of Regents of the University of North Texas (six years) and Board of Trustees of Texas Wesleyan University (thirty years). He served a two year term as Chairman of the Board of the Fort Worth Chamber of Commerce. He also served as President of the Fort Worth Opera Association, President of Casa Manana Musicals, and on the Boards of Directors (and attorney for) the Van Cliburn Foundation and the Fort Worth Symphony Orchestra. For several decades he was Chairman Emeritus of Leadership Fort Worth. In 2010, he was named as one of the top one hundred lawyers in the United States in the fields of taxation and estate planning. In 2012, he received the Distinguished Citizen Award awarded annually by the Longhorn Council of the Boy Scouts of America. Prior to his retirement he was named by the Fort Worth Business Press as one of Fort Worth's Power Attorneys. In 2014, he retired from the Haynes and Boone Law Firm after practicing law for half a century. At the time of his retirement, he received the Lifetime Achievement Award presented by the Texas A&M University School of Law. Rice was an active member of Fort Worth Club, River Crest Country Club, and the Exchange Club. Those who knew Rice best celebrate his change from an arms-length truce with God to a deep and personal relationship with Him through Jesus Christ. He came to realize that in spite of his many great accomplishments in life, his greatest blessings came from God. He insisted on thanking God for his many blessings as he so often prayed together with Sandra. As one of his last requests, Rice did want to say, he did not want a funeral because he did not want any of his friends
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to get this virus. There will be a private family burial service. Preceded in death by his parents; and sister, Nancy Tilley Snyder. He is survived by the love of his life and his soul-mate, Sandra Cooper Tilley, with whom he shared 26 wonderful years of marriage. Sandra wishes to thank the doctors, nurses, and staff at THR Harris Hospital. He is also survived by four children, Marisa Hammond, Angela Crates, Lisa Anderson and husband, Mike and Matt Tilley and wife, Michelle; two stepchildren, Kelli Dent York and husband, David of Argyle and Andrew Dent and wife, Laura of Burleson; 17 grandchildren; and two great-grandchildren. g Published in Star-Telegram on Nov. 1, 2020.
Warren W. Shipman III 1930-2020
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arren W. Shipman III went to be with his Lord and Savior Jesus Christ on November 3, 2020. He was born in Fort Worth on July 24, 1930 to Warren W. Shipman Jr. and Elizabeth Wardlaw Shipman. He attended South Hi Mount Elementary, Stripling Middle and Arlington Heights High School. He could be tempted to recount gridiron glory from his days as an all-district 145-pound end at Arlington Heights. After graduating Arlington Heights, Warren went to Washington and Lee University for one year prior to transferring to the University of Texas at Austin for undergraduate and law school degrees. At The University he was a member and the President of Phi Delta Theta and he was a member of the Texas Cowboys. He met his wife, Diane Lehman, while at The University and they married in 1954. After graduating law school, he served for three years as a First Lieutenant in the Judge Advocate General Corp (JAG). After serving in the JAG, he returned to Fort Worth where he joined the law firm of what later became Godfrey, Decker, McMackin, Shipman and McLane. He later became Of Counsel at Cantey Hanger. He served on the Board of the Texas State Bar and was on the Board of Law Examiners for 11 years. Warren loved Fort Worth and was actively involved in the community. He was a founding Board Member of Streams & Valleys, served as President of the Day Care Board, and was
â–Ş NOVEMBER/DECEMBER 2020
Other Associations’ News & Information
an integral part of organizing a group of mentors for the I Have a Dream Foundation. Warren was an avid reader and chose to share this passion with school age children as a volunteer reading tutor at Van Zandt Guinn Elementary for many years. He served as President of the Exchange Club and also served as Secretary for many years. He was an active member at First Presbyterian Church where he served as an elder, Sunday School teacher, and Youth Sponsor. Later he joined Christ Chapel Bible Church. He had but one request of an obituary that it be mentioned that he was Captain of the Patrols at South Hi Mount Elementary. It must have been an elite unit. Warren loved people and was truly interested in them. There were no strangers as he liked to greet and meet all. He was fun-loving and loved by many. He will be greatly missed. Warren is survived by his wife of 66 years Diane Lehman Shipman. He is also survived by his son Ware and wife Nancy; son Randy and wife May; and son Alan and wife Roxanne; 5 grandchildren, Katie, Ware and wife Brooke; David, Lauren and Will. g
Arlington Bar Association
Meets on the 3rd Wednesday of each month. President, Duncan Price. For location & information, email duncan@manesslaw.net or call 817.300.1196.
Black Women Lawyers Association
For meetings and information, contact Marvina N. Robinson, President, at 817.884.1623 or mnrobinson@tarrantcountytx.gov.
Dee J. Kelly Law Library Welcomes Bar Members!
For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu or call 817.212.3800.
Fort Worth Chapter Association of Legal Administrators
Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd at 817.339.2478 or lboyd@belaw.com.
Fort Worth Paralegal Association
Published in Star-Telegram from Nov. 5 to Nov. 8, 2020.
Happy Holidays
from the Tarrant County Bar Association Staff!
Anne, Carolina, Elizabeth, Kayla, Lauren, Megan, and Rae
General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org.
L. Clifford Davis Legal Association
(f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Angel Williams at 817.884.1830.
MABA (Mexican American Bar Association)
Meets on the last Thursday of each month with location to be announced. For more information, contact Eloy Sepulveda at 817.332.1285.
Northeast Tarrant County Bar Association (NETCBA)
Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact Cynthia Williams at 817.318.0523 or cynthia@cynthiawilliamslaw.com.
Tarrant County Criminal Defense Lawyers Association (TCCDLA)
Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Gary D. Smart at 817.419.0023 or gsmart1053@aol.com.
Tarrant County Family Law Bar Association
Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Dana Manry of KoonsFuller, P.C. at 817.481.2710 or dana@koonsfuller.com.
Tarrant County Probate Bar Association
Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Beth Hampton at 817.334.0066 or bhampton@theblumfirm.com.
Tarrant County Trial Lawyers Association
Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Rieker Carsey at 817.294.1900.
Tarrant County Young Lawyers Association
The 2020–2021 TCYLA year began September 1, 2020. If you need an application or meeting information, call 817.338.4092, email laurensc@tarrantbar.org, or go to the website at tcyla.org.
Texas Association of Defense Counsel
This civil defense organization offers local lunches and happy hours, as well as CLEs geared toward the defense practice. Contact Brittani Rollen of McDonald Sanders at 817.336.8651 or visit www.tadc.org.
NOVEMBER/DECEMBER 2020
▪ TCBA BULLETIN 29
Bar Bulletin â–Ş November/December 2020 PRESORTED STANDARD Tarrant County Bar Association TCBA members may take advantage of discounts U. S. POSTAGE PAID 1315 Calhoun Street provided by the following vendors: FORT WORTH, TX AMO Office Supply offers TCBA members the Fort Worth, TX 76102-6504 PERMIT 1807 lowest price guaranteed on office supplies, with next-day ADDRESS SERVICE REQUESTED
Member Benefits Vendor List
delivery and free shipping! Call 800.420.6421.
Falcon Document Solutions, provides quick, efficient and reliable process service, doument scanning, printing, copying and electronic discovery, litigation displays and trial boards. We are available 24 hours 7 days a week at 817.870.0330 or at www.falcondocs.com. Discounts available to TCBA Membership. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $13.00 adult, $10 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call 940.783.6580 for details. 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. g
http://www.tcyla.org
If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to tcba@tarrantbar.org.
Classified Advertising NOTICE Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org.
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