• Enhance Unity, Forge Common Bonds, and Coordinate Efforts: Streamline and Unify Personal Interactions, Highlighting the Power of Unity and Strength
• Attract and engage new members, achieving a target of 4,000 participants, while actively supporting the "Each One, Reach One" initiative as part of our strategic plan.
• Value Our Institutional Knowledge
• Strategic long-term investment of TCDLA gift to generate investment income for TCDLEI.
• Continue to develop our major donor initiative by identifying individuals, businesses, and entities seeking to invest in changes in the criminal justice system at the grass roots level.
• Identify and develop strategies for obtaining governmental grant funding.
• Educate attendees on high-level trial advocacy techniques utilizing the phases of a trial.
• Provide high quality legal skills and education to as many criminal defense practitioners as possible across Texas.
• Promote effective criminal defense practices by connecting those trial advocacy skills to clientcentered, best practices.
• Engage with new and existing members in rural areas of the State by educating them on the many resources available from TCDL A, such as motions bank, technology in courtrooms and many more topics.
Saturday, July 13, 2024
9:00 am Breakfast
9:30 am Welcome and Introductions
TCDLA Overview, Goals, and Objectives
9:40 am
10:00 am
10:15 am
10:30 am
Board Member Responsibilities and Expectations
Committee Chair Roles
TCD LEI Overview, Goals, and Objectives
Board Member Responsibilities and Expectations
CDLP Overview, Goals, and Objectives
Committee Member Responsibilities and Expectations
TCDLA/TCDLEI/CDLP Overview Challenges for 2024-2025 Board, Staff, and Support
10:40 am Capital Assistance, Resources, Publications
10:45 am Financial Overview
10:50 am Q & A
11:05 am Closing Comments
11:15 am Breakouts – TCDLA, TCDLEI, and CDLP
11:30 am Adjourn & Lunch
David Guinn
David Guinn
Jim Darnell
Paul Tu
Melissa Schank
Rick Wardroup
Mari Flores
David Guinn, Jim Darnell, Paul Tu
David Guinn
David Guinn, Jim Darnell, Paul Tu
TCDLA table of contents
TCDLA Articles of Incorporation
TCDLA Bylaws
TCDLA Mission Statement
TCDLA Board
TCDLA Committee Chairs
Membership Expired and Board Comps TCDLA
Board Minutes June 2023 – March 2024 TCDLA
Financials & Budgets
Publications Report
Seminar Summary | 2023 - 2024
Internal Control Document
TCDLA Organizational Chart
TCDLA Job Descriptions
TCDLA Miscellaneous Forms
Updated 6/15/2024
Affiliate Association Membership
Association, Art. IV
Application for Affiliation, Art. IV §3
Approval or Denial, Art. IV, §3(c)
Referral to Executive Committee, Art. IV, §3(b)
By-laws/Operating Rules Requirement, Art. IV, §2(b)
Eligibility for Affiliation, Art. IV, §2(a)
Qualifications, Art. IV §2
Revocation of Affiliation, Art. IV §5
Contested Revocation, Art. IV §6
Notification by Secretary, Art. IV, §6(a)
Petition for Reinstatement, Art. IV, § 6(a)
Approval or Rejection of Petition, Art. IV, §6(b)&(d)
Application for, Art. III, §8 Charter, Art. III, §2
Eligibility, Art. III, §1 Honorary, Art. III, §4
Public Defender, Art. III, §7 Regular, Art. III, §1
Revocation of, Art. III, §10 Student, Art. III, §5
Sustaining or Voluntary Sustaining, Art. III, §3
Voting members, Art. III, §9
Membership Areas
Art. III, §11
Meetings
Annual, Art. VI, §1 Commencement of, Art. VI, §7
Notice of, Art. VI, §5
Quarterly, Art. VI, §2
Rules of, Art. VI, §8
Special Board Meetings, Art. VI, §3
Special Membership Meetings, Art. VI, §4
Voting, Transaction of Business, Art. VI, §6
Majority of Board, Art. VI, §6(a)
Quarterly meetings, Art. VI, §6(b)
Name and Status
Art. I
Nonprofit Corporation
See NAME AND STATUS, supra
Officers
Assumption of Office, Art. VIII, §3
President-elect, Art. VIII, §3(a)
Removal of Treasurer, Art. VIII, §3(b)
Election of, See ELECTIONS, supra Officers of TCDLA, Art. VIII, §1
First Vice-President, Duties of, Art. VIII, §6
President, Duties of, Art. VIII, §4
President Elect, Duties of, Art. VII, §5
Second Vice-President, Duties of, Art. VIII, §7
Secretary, Art. VIII, §9
Treasurer, Art. VIII, §8
Policies of the Corporation
Authorization of Board of Directors, Art. X, §1
Special Circumstances, Art. X, §2
Pronouncement or Declaration of, Art. X, §1
Procedure for Voting
Business transacted by the Executive Committee, Board, and committees, Art. XII
Majority Vote of Quorum, Art. XII
Purposes of TCDLA
ART. II
Article 1—Name and Status
The name of this organization shall be the Texas Criminal Defense Lawyers Association (“the Association”). It shall be a nonprofit corporation organized under the laws of the State of Texas.
Article II—Purposes
The purpose of the Association shall be: To protect and ensure by rule of law those individual rights guaranteed by the Texas and Federal Constitutions in criminal cases; to resist the constant efforts which are being made to curtail these rights; to encourage cooperation between lawyers engaged in the furtherance of these objectives through educational programs and other assistance; and through this cooperation, education, and assistance to promote justice and the common good.
Article III—Membership
Sec. 1. Regular Membership.
An attorney who is actively engaged in the defense of criminal cases, is eligible for membership in the Association. Upon ceasing active engagement in criminal defense, the membership is revoked except for those who retire from the practice of law.
Sec. 2. Charter Membership.
The charter members of the Association shall consist of members who, prior to December 31, 1971, signified their intention to join the Association as charter members and whose membership applications were subsequently approved by the Board of Directors.
Sec. 3. Sustaining or Voluntary Sustaining Membership.
A regular or charter member is eligible for such membership by the payment of dues established for such membership.
Sec. 4. Honorary Membership.
A person who has made an outstanding contribution to the welfare and has aided the achievement of the goals of this Association may be elected an honorary member of the Association. An affirmative vote of a majority of the Board of Directors is required to elect any honorary members. Honorary membership shall extend for an indefinite period.
Sec. 5. Student Membership.
A person who is enrolled in school of law in this state is eligible for student membership in the Association.
Sec. 6. Affiliate Membership.
A person active in a field which contributes regularly to the defense of criminal cases and the goals of the Association is eligible for affiliate membership in the Association. Examples include full-time professors of law or criminal justice, legal assistants and other support staff persons working for regular members, investigators, technical experts, law librarians, out-of-state lawyers and other persons approved by the Board of Directors.
Sec. 7. Public Defender Membership.
A full-time member of a federal, state or local public defender organization actively engaged in the defense of criminal cases is eligible for public defender membership in the Association.
Sec. 8. Application for Membership.
(a) Each application for membership must be endorsed by one member of the Association.
(b) All applications shall be subject to approval by the president or Chief Executive Officer acting for the Board of Directors.
(c)At the discretion of the Board of Directors, an attorney who does not meet the requisites of Article III, Section 1, may be admitted as a regular member if he or she is otherwise qualified. Any such decision of the Board of Directors shall be final and not appealable to the general membership.
Sec. 9. Voting.
All members except honorary, affiliate and student members are entitled to vote as provided in Article VI, Section 6.
Sec. 10. Revocation of Membership.
May be revoked for cause by vote calling for such revocation by three-quarters vote of the total members of the Board of Directors after notice and hearing.
Sec. 11. Membership Areas.
The following are the membership areas of this association; 1 West Texas; 2 Permian Basin; 3 Panhandle; 4 North Texas; 5 Tarrant County; 6 Dallas County; 7 Northeast Texas; 8 Central
Texas; 9 Travis County; 10 Bexar County; 11 South Central Texas; 12 South Texas; 13 Gulf Coast; 14 Harris County.
Article IV Affiliate Association Membership
Sec. 1. Other Associations.
The Board of Directors may establish procedures and requirements by which other voluntary bar associations may affiliate with this the Association.
Sec. 2. Qualifications of Affiliate Associations.
To be eligible to become an affiliate association, a voluntary bar association must:
(a) Be composed of persons of professional competence, integrity, and good moral character, who are actively engaged in the defense of criminal cases, and who would otherwise qualify for membership in this association.
(b) Have objectives and purposes, as part of its own bylaws or operating rules, which are consistent with the by-laws, objectives, and purposes of the Association, as determined by the Board of Directors.
(c) Not accept or allow members who are employed by any city, state or federal government or other entity as a prosecutor of the criminal law, or who work in any other capacity which is in conflict with the objectives and purposes of the Association. Notwithstanding this provision, affiliate associations may accept or allow members who accept an appointment as a temporary prosecutor or as a temporary police legal advisor, so long as their acceptance of that position is not inconsistent with the objectives and purposes of this association as set forth in Article II of these bylaws. This provision shall not place a more restrictive membership requirement on an affiliate association than the association places on itself under Article III, Sections 1-7 of these bylaws.
Sec. 3. Application for Affiliation.
(a) Voluntary bar associations may request affiliation with this association by submitting an application, on a form available from the Texas Criminal Defense Lawyers Association Chief Executive Officer
(b) An application for affiliation shall be referred by the Chief Executive Officer to the executive committee, which shall review it and make a recommendation for approval or denial to the Board of Directors.
(c) Approval or denial of an application for affiliation shall be by majority vote of the Board of Directors.
Sec. 4. Rights and Privileges of Affiliate Associations.
(a) The Board of Directors of this association may, by a majority vote, grant such rights and privileges to affiliate associations as it deems necessary and proper, but said rights and privileges shall be no greater than that combined within the bylaws of the Association.
(b) Any rights and privileges granted to an affiliate association shall be reduced to writing as a standing board policy and shall be made available to any member of affiliate association upon request.
Sec. 5. Revocation of Affiliation.
Affiliate association status may be revoked after due notice and opportunity to be heard, for good cause, by three-quarters majority vote of the Board of Directors in any lawfully called meeting.
Sec. 6. Contested Revocation.
Procedure. In the event an affiliate association is revoked for cause, the following procedure shall govern if the affiliate association contests its revocation:
(a) The secretary shall notify that association of its revocation by certified United States mail. A written petition for reinstatement and request for an appearance by a representative must be submitted to the
association office in Austin within thirty (30) days from the date the notice was mailed.
(b) Copies of the petition shall be transmitted to the Board of Directors. The matter will be remanded to the President or his or her designee to conduct an inquiry, in which the petitioner will have pertinent proof to show good and just cause as to why the petitioner is entitled to reinstatement.
(c) The President shall forthwith prepare and file a report to the Board of Directors, with a nonbinding recommendation for sustaining the petition or rejecting the petition.
(d) The Board of Directors shall vote to reinstate or to uphold the revocation. A majority vote of the Board of Directors shall be final.
Article V—Finances
Sec. 1. Annual Dues.
All dues shall be payable annually. Any member whose annual dues are more than three months in arrears shall cease to be a member of the Association in good standing.
Sec. 2. Dues Schedule. It shall be the duty of the Board of Directors to set membership dues. Until modified by the Board, the dues schedule is as follows:
a. Honorary Member: no dues required
b. Student Member
c. Affiliate Member (non-lawyers such as investigators, paralegals, experts and law professors)
d. Public Defender Member (employee of a public defender office)
e. Initial membership year, or licensed less than two years
f. Regular and Charter Member
g. Sustaining Member
h. Officer, Director, and Voluntary Sustaining Member
i. Past Presidents and Members over 70 years of age
Sec. 3. Budget.
The Board of Directors shall approve a budget annually.
Article
VI—Meetings
Sec. 1. Annual Meeting.
The annual meeting of the Association shall be held at a time and place fixed by the Board of Directors.
Sec. 2. Quarterly Meetings.
The Board of Directors shall hold regular quarterly meetings, at such time and place as designated by the President with the approval of a majority of the executive committee.
Sec. 3. Special Board Meeting.
The Board of Directors shall hold such special meetings as may be called by the President or upon written request by at least eight (8) members of the Board of Directors. This shall include Internet Votes.
Sec. 4. Special Membership Meetings.
Special meetings of the members of the Association may be held as the Board of Directors deems necessary.
Sec. 5. Notice of Meetings.
(a) Written notice of the annual meeting shall be given to each member at least seventy-five (75) days in advance of the meeting.
(b) Written notice of each quarterly and any special meeting shall be given to each member at least fourteen (14) days in advance of the meeting, including a proposed agenda for any special meeting.
The agenda for a special meeting may be enlarged by approval of two thirds of those present and voting at the special meeting.
(c) Written notice here and elsewhere in these bylaws is accomplished by publication in Voice for the Defense within the deadlines stated.
Sec. 6. Voting.
(a) The transaction of business at each quarterly meeting or special board meeting shall be by a majority of a quorum of the members of the Board of Directors, including past presidents, who are physically present and voting. A minimum of thirty-one (31) Board of Director Members, including past presidents, physically present at the roll call of the meeting shall be required to reach a quorum. Once a quorum is reached, there is a deemed quorum until the meeting is adjourned.
(b) The transaction of business at each annual meeting shall be by a majority vote of the members in good standing who are present and voting, except as to the election of officers, and directors which is governed by Article VIII.
Sec. 7. Commencement of Meetings.
Each meeting shall be commenced by the president calling the meeting to order and immediately thereafter shall cause the roll to be called to determine whether there is a quorum present.
Sec. 8. Rules of Meetings
All Membership and Board of Directors meetings shall be conducted in accordance with Robert’s Rules of Order, unless otherwise provided therein. All Executive Committee and other committee meetings may be conducted in accordance with Robert’s Rules of Order, upon proper motion. Electronic voting via the Internet for the Board of Directors shall not be in accordance with Robert’s Rules of Order but shall be conducted as provided herein.
Article VII Board of Directors
Sec. 1. Powers, Membership, and
Terms.
a) The business and affairs of the Association shall be managed by a Board of Directors. The Board of Directors shall consist of the elected officers of the Association, the past presidents of the Association, the editor of the VOICE for the Defense, and fifty-four (54) directors. Each past president of the Association is a member of the Board of Directors, provided said past president is a member in good standing. Directors shall be elected for terms of three (3) years.
(b) No Director may be elected to serve for more than two (2) full consecutive terms, not to include any term or terms served as an associate Director (under prior Bylaws), provided this restriction shall not prevent officers and the editor of the VOICE for the Defense who are Directors by virtue of office from serving on the Board of Directors, and further provided that Directors who have served two full consecutive terms may apply for and serve as a Director again after two (2) years out of the office as a Director. The executive committee shall have the responsibility for establishing rules to ensure the orderly election of the board of Directors.
(c) Each membership area designated in Section 11 of Article III shall be represented by a director from that area. The nominations committee shall have responsibility for establishing rules for elections which will achieve this objective.
(d) On a one-time basis in 2019, the board shall assign the fifty-four (54) directors into 6 groups of 9 members for election synchronization purposes. This group assignment may create a minimal number of terms that slightly exceed 6 total years and that is permitted on this one-time basis.
Sec. 2. Executive Committee.
The Executive Committee shall consist of the officers of the Association, the editor of the Voice for the Defense, and two members of the board of directors appointed by the President. The President may select Ex-Officio(s) in a non-voting capacity, to serve on the Executive Committee. The Executive Committee shall have such powers and duties as are provided in these bylaws and as may be prescribed by the Board of Directors. The Chief Executive Officer is a non-voting member of the Executive Committee.
Sec. 3. Organization.
The President of the Association shall serve as chair of meetings of the Board of Directors. In absence of the president, the President-Elect, or in his or her absence the First Vice President, shall serve as chair.
Sec. 4. Procedures.
The Board of Directors may act by telephone, email, or any other method approved by the Executive Committee.
Sec. 5. Vacancies.
A vacancy occurring in the Board of Directors caused by the death, resignation, or removal of the person elected or appointed thereto may be filled by appointment of any eligible member by the President, subject to confirmation by the Board of Directors. Confirmation shall be secured at the option of the President either by a majority vote of a quorum of the directors or by a poll of the directors. The failure of any director to send in his or her vote within ten days after the date the poll is placed in the mail to him or her shall be counted as a vote for confirmation. Under this section the appointee’s term ends when the term of the director replaced by death, resignation, or removal would end.
Sec. 6. Removal and Absences.
An elected officer, or director may be removed for cause by a vote calling for such removal by a majority of all the Board of Directors present at such meeting, after notice and an opportunity to be heard. Removal may result from failure to attend two consecutive meetings of the Board of Directors without good cause. The Chief Executive Officer shall receive and approve written requests for excused absences for good cause.
Sec. 7. Qualifications
All Members of the Association who are authorized to vote are eligible to become members of the Board of Directors by election or appointment.
Article VIII Officers
Sec. 1. Officers.
The officers of the Association shall consist of a President, a President-Elect, a First Vice-President, a Second Vice-President, Treasurer, and Secretary.
Sec. 2. Qualifications.
(a) All members of the Board of Directors shall be voting members in good standing.
(b) The Board of Directors shall determine the qualifications of the Chief Executive Officer.
(c) Prior to applying for office, an applicant, must have served at least one (1) full term as a Director, or have served at least three (3) years on the Texas Criminal Defense Lawyers Educational Institute, or have served as chair of the Criminal Defense Lawyers Project.
Sec. 3. Assumption of Office.
(a) The President-Elect shall assume the office of President upon the expiration of the term of the preceding President. In the event of the death of the President, or his or her resignation or removal
from office, the President-Elect shall accede to the office of President, holding said office for the remainder of said term, and for the full succeeding term.
(b) Assumption of Office. In the event of the death, resignation or removal from office of any officer, other than the President, each officer below the office which is thus vacated shall immediately accede to the office immediately above the office held by that officer. The President shall appoint, with the approval of a majority of the remaining officers, a replacement who will serve as Secretary for the remainder of the regular term of office in which the vacancy occurs. If there is a period between the vacation of an office and the appointment of the new secretary, the officer assuming the office of Treasurer shall fulfill the duties of Secretary until a replacement is appointed. The hierarchy of office in descending order is: President, President-elect, First Vice-President, Second Vice-President, Treasurer, and Secretary.
Sec. 4. Duties of the President.
The President shall supervise and coordinate the activities of the Association and preside at its meetings. The President shall appoint the members of each committee and designate the respective chairs thereto. Appointment and removal of the editors of the Voice for the Defense and Significant Decisions Report shall be by the President subject to the approval of the Board of Directors.
Sec. 5. Duties of President-Elect.
The President-Elect shall assist the President and perform such other duties as may be prescribed by the Board of Directors. In case of the absence of the President, the President-Elect shall act as President of the Association.
Sec. 6. Duties of First Vice-President.
The First Vice-President shall assist the President and shall also perform such other duties as may be prescribed by the Board of Directors. In the absence of the President and President-Elect, the first Vice-President shall act as President of the Association.
Sec. 7. Duties of Second Vice-President.
The Second Vice-President shall assist the President and First Vice-President in the performance of their duties and perform such other duties as may be prescribed by the Board of Directors.
Sec. 8. Duties of Treasurer.
The Treasurer shall serve as chair of the Budget Committee and oversee the financial affairs of the Association and the preparation of an annual budget to be approved by the Board of Directors.
Sec. 9. Duties of Secretary.
The Secretary of the Association shall attend and assure that minutes of all meetings of the Association are kept and shall assist the Treasurer and shall also perform such other duties as may be prescribed by the Board of Directors. In the absence of the Treasurer, the Secretary also shall act as Treasurer and Secretary.
Sec. 10. Chief Executive Officer
(a) Duties of the Chief Executive Officer the Chief Executive Officer shall act as the Recording Secretary of the Association and shall be the custodian of the records of the Association. The Chief Executive Officer shall also perform all duties usually required of a Chief Executive Officer and such other duties as may be assigned by the President or the Board of Directors.
(b) Hiring: Subject to any advance determination of qualifications by the Board of Directors under Article VIII, Sec. 2(b) above, the Executive Committee shall, on behalf of the association, select and hire the Chief Executive Officer and determine the terms of his/her employment, said terms to be consistent with Subsection (c) below.
(c)Termination of Employment: The Association shall be authorized to terminate employment of the Chief Executive Officer by, and only by, one of the following two procedures:
(1) By Board of Directors: Conclusive vote on termination can be undertaken at either a regular quarterly or special meeting of the Board of Directors upon written request to the President by at least eight (8) members of the Board of Directors. Prior to said meeting written notice shall be given complying with the 14 days advance written notice required by Sec. 5 (b) of Article VI and shall include a statement that the agenda for that meeting will include a vote on termination of the Chief Executive Officer Provided there is a quorum at said meeting, termination shall result if supported by a vote of two-thirds (2/3) of those present, or
(2) By Designated Officers: Conclusive vote on termination can be undertaken at a meeting requested for this purpose, at which the officers of the Association designated in Sec. 1 of this article are eligible to vote. Said meeting must be requested by at least (2) of the eligible voters with at least 72 hours advance notice to each other eligible voter, communicated either directly, in writing, or by phone message. Attendance and vote may be either in person or by phone. Termination shall result if supported by vote of four (4) or more of those voting in said meeting.
Sec. 11. Duties of the Editor.
(a) The editor of the Voice for the Defense shall be responsible for the overseeing the content and publication of the Voice for the Defense, including securing materials for publication and performing technical editing of published material.
(b) The Editor of Significant Decisions Reports shall be responsible for the timely preparation for publication of summaries of Texas and Federal cases deemed to be significant to the practice of criminal law in Texas. To this end, the editor may appoint, subject to the approval of the Board of Directors, one (1) or more associate editors of Significant Decisions Reports who shall assist in the performance of the responsibilities.
Article IX Elections
Sec. 1.
Elections.
At each annual meeting the Association shall elect all officers except President, and elect directors to replace each director whose term is expiring and to fill any vacancy. Officers shall serve for one (1) year or until their successors take office. Directors shall serve for three (3) years or until their successors take office, unless appointed to complete a term for which another was elected. The President-Elect shall assume the office of President and all elected officers and directors shall take office upon adjournment of the annual meeting.
Sec. 2. Nominations Committee.
Prior to January 31st of each year, the President-Elect shall appoint a Nominations Committee consisting of one member from each of the Association’s membership areas and all officers. Each member shall be an attorney who is a current member of TCDLA and has a minimum of five years of practice in criminal law. Past presidents may be appointed to the committee but shall be non-voting members. The chair of the Nominations Committee shall be designated by the President. The Nominations Committee shall meet, and the members present shall select its nominee(s) for those positions in the Association which are open for election or reelection. The chair of the Nominations Committee shall report in writing on or before 90 days prior to the next annual meeting all said nominee(s) for each such position to the President, the Board of Directors, the Chief Executive Officer, and the editor of the Voice for the Defense magazine. Association members shall be given notice in writing of the nominee(s) for each such elective position on or before 75 days prior to the next annual meeting. Such notice may be by publication in Voice for the Defense and shall also advise the membership that any qualified member in good standing may seek election for the position as an officer, other than President, director, or associate director of the Association by following requisites of Article IX Section 3(b) of the Bylaws. Any disputed questions regarding an election shall be resolved by those members in good standing who are present and voting at the annual meeting.
Sec. 3. Nominations.
(a) A voting member may nominate a qualified member for an office or for director from the floor only if the Nominations Committee nominee is deceased, withdraws, or is other wise disqualified.
(b) A qualified member who desires election as an officer or director of the Association may file a petition to that effect. Such petition shall set forth the office sought and shall have attached to it the signed statements of twenty (20) members who believe the petitioner is qualified for such office or directorship and will perform the duties imposed by the office sought. Petitions for President-Elect shall also contain the statements of at least ten (10) officers and/or directors in support thereof. Such petition shall not be required of those nominated by the committee under Section 2 of this article. Petitions for election to an office, directorship, or associate directorship must be delivered to the Chief Executive Officer at the main office of the Texas Criminal Defense Lawyers Association in Austin, Texas, 50 days prior to the annual meeting.
Sec.
4.
Voting Procedure.
Written ballots shall be mailed to members in good standing no later than 30 days prior to the annual meeting. To be valid, ballots must be returned by the member and received by the Chief Executive Officer no later than ten days before the annual meeting. Each member in good standing shall be entitled to one vote for each contested race. The results of the voting shall be announced at the annual meeting.
Article X—Policies of the Corporation
Sec. 1. Pronouncement or Declaration of Policy.
No member of the Association shall officially make any pronouncement or declaration on a question of policy until it has been authorized by the Board of Directors except as provided in Section 2.
Sec. 2. Special Circumstances.
As a matter of discretion, when the President determines it necessary to make a pronouncement or declaration of policy, and where circumstances do not reasonably permit a meeting or poll of the Board of Directors, then after obtaining the consent of a majority of the Executive Committee he or she may make said pronouncement or declaration.
Article XI Committees
There shall be an Executive, Budget, Nominations and such other special or study committees as deemed necessary by the President or the Board of Directors.
Article XII—Procedure for Voting
(a) All business transacted by the Executive Committee, the Board of Directors, and committees shall be by majority vote of the quorum present. A quorum for the transaction of business of each respective committee is a majority of the members. A quorum for the transaction of business of the Board of Directors is thirty-one (31) members, including past presidents.
(b) Internet Voting
(1) If there is business that a majority of the Executive Committee deems necessary to determine before the next scheduled quarterly meeting, Special Board Meeting, or annual meeting, the matter can be determined by discussion and vote over the Internet.
(2) A quorum for an Internet Vote shall be at least thirty-one (31) Board of Directors Members, including past presidents. All business transacted by the Internet voting shall be by a majority of the quorum voting.
(3) The business matter under consideration shall be presented by the Executive Committee as an executive committee motion by email to the email address that each member of the Board of Directors has provided to the Association. A second to the motion shall not be necessary. No amendment of the executive committee motion is permitted.
(4) There shall be a period of discussion no less than three (3) full business days. A business day shall be considered 8 a.m. to 5 p.m. Central Time.
(5) After the period of discussion a vote shall be held. The period of voting shall be determined by the Executive Committee but shall be no less than twenty-four (24) hours beginning at 9:00 a.m. the first business day after the discussion period has ended. One Motion to Table is allowed but must be made during the discussion period. If there is a Motion to Table and a second to the motion, which must be made during the discussion period then after the discussion period, there will be a voting period of not less than twenty-four (24) hours to vote on the Motion to Table beginning at 9 a.m. on the first business day after the discussion period has ended. If the Motion to Table passes by a majority of those voting on the Motion to Table, then the business matter subject to the vote will be placed on the agenda for the next regularly scheduled quarterly or annual meeting. If the Motion to Table does not pass, there will be an additional voting period of not less than twenty-four (24) hours beginning at 9 a.m. on the first business day after the vote on the motion to table expires to vote on the matter under consideration.
(6) Members shall vote according to the instructions included in the email with the proposed business matter. Once a vote is cast, the vote cannot be changed. The votes shall be counted by the Chief Executive Officer and published to the Board of Directors by email and to the membership of the organization by the regular procedures for such business matters. There shall be no secret ballots. The Chief Executive Officer shall ensure that the ballot cast by each person is visible to the other voters as the ballots are cast.
(7) At the next regularly scheduled quarterly or annual meeting, the Executive Committee Motion and resulting vote of any business conducted by Internet voting under this section will be included on the Agenda for the meeting and reported to the Board of Directors. At this time, a motion to reconsider the matter may be made by a member of the Board of Directors. A Motion to Reconsider shall require a majority of the quorum present at the beginning of the regularly called meeting to be approved. There shall be no discussion on the Motion to Reconsider. If the Motion to Reconsider is approved, the matter will be placed on the agenda under “Old Business.” Discussion and voting will be as any other business item on the agenda.
Article XIII—Amendment
These bylaws may be amended by majority vote of the members present and voting at any annual or special meeting of the membership.
Article XIV—Dissolution
Upon the dissolution of the Association, the Board of Directors of the Texas Criminal Defense Lawyers Association shall, after making provisions for the payment of all liabilities of the Association, dispose of the assets of the Association exclusively for the purpose of the Association in such a manner, or to such organization or organizations organized and operated exclusively for the charitable, education, religious or scientific purposes as shall at the time qualify to exempt said organization or organizations under Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code of 1954, or the corresponding provisions of any future United States Internal Revenue Law, as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by a Court of proper jurisdiction of Travis County, Texas, exclusive for such purposes or such organization or organizations as said Court shall determine, which are organized and operated exclusively for such purpose.
TCDla mission sTaTemenT
The purpose of TCDla is to protect and ensure by rule of law those individual rights guaranteed by the Texas and Federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives through educational programs and other assistance; and through such cooperation, education and assistance to promote justice and the common good.
David Guinn
President Attorney
Hurley, Guinn, Singh & VonGonten
1805 13th St
Lubbock, TX 79401-3823
Work Phone: (806) 771-0700
Fax: (806) 763-8199
Term Ends: 6/21/2025
Clay B. Steadman
1st Vice President
Attorney
Jesko & Steadman
612 Earl Garrett St
Kerrville, TX 78028-4535
Work Phone: (830) 257-5005
Fax: (830) 896-1563
Term Ends: 6/21/2025
Lance Evans
Treasurer
Daniel, Moore, Evans, Biggs, Decker and Smid (Not a Partnership)
301 Commerce, Suite 2001
Fort Worth, TX 76102
Work Phone: (817) 332-3822
Fax: (817) 332-2763
Term Ends: 6/21/2025
Jeep Darnell
Editor-Voice for the Defense
Attorney
Jim Darnell, P.C.
310 N Mesa St Ste 212
El Paso, TX 79901-1301
Work Phone: (915) 532-2442
Fax: (915) 532-4549
Term Ends: 6/21/2025
Paul F. Tu
Parliamentarian
Attorney
Arrington, Tu Burnett
200 South 10th Street
Richmond, TX 77469
Work Phone: (713) 774-2800
Fax: (713) 774-2808
Term Ends: 6/21/2025
As of 6/16/2024
Nicole DeBorde Hochglaube President-Elect
Attorney
Hochglaube & DeBorde, PC 3515 Fannin St. Houston, TX 77004
Work Phone: (713) 526-6300
Fax: (713) 808-9444
Term Ends: 6/21/2025
Sarah E. Roland
2nd Vice President
Attorney
Law Office of Sarah Roland 903 N Elm St Ste 101 Denton, TX 76201-6926
Work Phone: (940) 323-9305
Fax: (940) 312-6830
Term Ends: 6/21/2025
Adam L. Kobs
Secretary
Attorney
Law Office ofAdam Kobs
310 S Saint Marys St Ste 1920
SanAntonio, TX 78205-3154
Work Phone: (210) 223-4177
Fax: (210) 223-4188
Term Ends: 6/21/2025
John Hunter Smith
Immediate Past President
Attorney
Wynne & Smith
707 W Washington St Sherman, TX 75092-5639
Work Phone: (903) 893-8177
Fax: (903) 892-0916
Term Ends: 6/21/2025
Sam D.Adamo, Sr. Director
Adamo/Adamo
3200 Travis St Fl 4 Houston, TX 77006-3651
Work Phone: (713) 237-8380
Fax: (713) 547-4950
Term Ends: 6/20/2026
Molly Petersmeyer Bagshaw
Director
AssociateAttorney
Hochglaube & DeBorde, P.C.
3515 Fannin St.
Houston, TX 77004
Work Phone: (713) 526-6300
Fax: (713) 808-9444
Term Ends: 6/21/2025
Lara E. Bracamonte Davila
Director
Attorney
Bracamonte Law, PLLC
104 East BoydstunAvenue
Rockwall, TX 75087-4931
Work Phone: (214) 304-6640
Fax: (214) 504-1274
Term Ends: 6/20/2026
Jessica Zaneta Victoria Canter
Director
Felony Public Defender
Concho Valley PDO
2779 Notre DameAve
SanAngelo, TX 76904
Work Phone: 512-496-5489
Term Ends: 6/21/2025
Garrett Cleveland
Director
Hill Country Regional Public Defender Office
128 Homestead
Kerrville, TX 78028
Work Phone: (830) 315-2788
Fax: (830) 315-2787
Term Ends: 6/1/2027
Justin Ryan Crisler
Director
SupervisingAttorney
CapitalArea Private Defender Service
910 Lavaca St.
Austin, TX 78701
Work Phone: (281) 302-9889
Term Ends: 6/20/2026
As of 6/16/2024
Robert J. Barrera
Director
Attorney
Robert J. Barrera, P.C.
424 E Nueva
SanAntonio, TX 78205-3422
Work Phone: (210) 227-7372
Fax: (210) 224-5890
Term Ends: 6/1/2027
Anne More Burnham
Director
Attorney
Harris County Public Defenders Office 1310 Prairie 4th Floor Suite 400 Houston, TX 77002
Work Phone: (713) 274-6907
Term Ends: 6/1/2027
Jason D. Cassel
Director
Attorney
The Cassel Law Firm, P.C 204 North Fredonia Longview, TX 75601
Work Phone: (903) 758-5200
Fax: (866) 278-4488
Term Ends: 6/21/2025
Angelica Cogliano
Director
Attorney
Cogliano Law Firm
505 W 12th St. Ste. 206 Austin, TX 78701
Work Phone: (512) 478-0758
Term Ends: 6/1/2027
Cesar De Leon
Director
Law Office of Cesar de Leon 622 East St. Charles Brownsville, TX 78520
Work Phone: (956) 551-1327
Term Ends: 6/21/2025
Aaron M. Diaz
Director
AssociateAttorney
Goldstein & Orr
310 S. St. Mary's St. Ste. 2900
SanAntonio, TX 78205
Work Phone: 210-226-1463
Fax: 210-226-8367
Term Ends: 6/1/2027
Michael James Edwards, II
Director
Attorney
2818 Cleburne Street
Houston, TX 77004
Work Phone: (832) 291-6788
Fax: (832) 572-5549
Term Ends: 6/21/2025
JosephA. Esparza
Director
Attorney
Gross & Esparza, P.L.L.C.
1524 NAlamo St
SanAntonio, TX 78215-1205
Work Phone: (210) 354-1919
Fax: (210) 354-1920
Term Ends: 6/21/2025
Robert Gill
Director
Third Chair Digital Forensics
The Law Office of Gill & Brissette
3663 Airport Fwy
Fort Worth, TX 76111
Work Phone: (817) 803-6918
Fax: (817) 554-1534
Term Ends: 6/20/2026
Lisa Greenberg Director
Attorney
Law Office of Lisa Greenberg
622 S Tancahua St
Corpus Christi, TX 78401-3426
Work Phone: (361) 446-2476
Fax: (361) 288-3476
Term Ends: 6/21/2025
Clifford Perry Winter Duke Director
Public Defender
Dallas County Public Defender's Office
133 N Riverfront Blvd, LB2 Dallas, TX 75207-4339
Work Phone: (214) 875-2319
Fax: (214) 653-3539
Term Ends: 6/20/2026
Brian Erskine Director
Erskine Law 910 WAve Austin, TX 78701
Work Phone: 512-359-3030
Term Ends: 6/20/2026
Don Flanary, III
Director
Attorney
Flanary Law Firm
One International Center
100 NE Loop 410, Ste 650 SanAntonio, TX 78216
Work Phone: (210) 738-8383
Fax: (210) 728-3438
Term Ends: 6/1/2027
John S. Gilmore, III Director
Attorney
Goldstein & Orr
315 E. Commerce St.Suite 301 SanAntonio, TX 78205
Work Phone: (210) 226-1463
Fax: (210) 226-8367
Term Ends: 6/21/2025
Paul S. Harrell Director
Attorney
Law Office of Paul S. Harrell
703B E Main St
Gatesville, TX 76528-1431
Work Phone: (254) 404-3323
Fax: (254) 404-2183
Term Ends: 6/1/2027
Sean Hightower
Director
Hightower, Franklin, & James
115 South St
Nacogdoches, TX 75961-5539
Work Phone: (936) 560-3300
Fax: (936) 560-5600
Term Ends: 6/21/2025
Jonathan Hyatt
Director
Attorney
Office of the Federal Public Defender
110 N. CollegeAve., Suite 1122
Tyler, TX 75702
Work Phone: (903) 531-9233
Fax: (903) 531-9625
Term Ends: 6/21/2025
Jolissa K. Jones
Director
1923 Blodgett St
Houston, TX 77004
Work Phone: (832) 295-0279
Fax: (713) 520-7000
Term Ends: 6/1/2027
Ryan Michael Kreck
Director
Attorney
Wynne, Smith & Young
7300 S.H. 121, Suite 300 Office 393
Mc Kinney, TX 75070
Work Phone: (903) 893-8177
Fax: (469) 777-4389
Term Ends: 6/1/2027
Jani J. Maselli Wood Director
Assistant Public Defender
Harris County Public Defender's Office
1310 Prairie St 4th Floor
Houston, TX 77002
Work Phone: (713) 274-6721
Fax: (713) 437-4322
Term Ends: 6/21/2025
As of 6/16/2024
Joseph Hoelscher Director
Attorney
Hoelscher Gebbia Cepeda, PLLC
909 NE Loop 410 Ste 500 SanAntonio, TX 78209-1398
Work Phone: (210) 222-9132
Fax: (888) 519-8229
Term Ends: 6/20/2026
Kameron D. Johnson Director
Managing Partner
Johnson Roberts LLP
15808 Ranch Road 620, Suite 200N Austin, TX 78717-4906
Work Phone: (512) 761-4766
Term Ends: 6/20/2026
SeanA. Keane-Dawes Director
Director ofAttorney Development Texas Riogrande Public Defender 331AN Washington St Beeville, TX 78102-4507
UNITED STATES
Work Phone: (830) 433-7898
Term Ends: 6/20/2026
PeterA. Lesser Director
Attorney
Lesser & Lesser
8035 E R LThornton Fwy Suite 310 Dallas, TX 75228-7136
Work Phone: (214) 630-3066
Fax: (214) 630-3068
Term Ends: 6/20/2026
Lauren McCollum Director
Concho Valley Public Defender Office 113 W. BeauregardAve
SanAngelo, TX 76903
Work Phone: (325) 229-4642
Term Ends: 6/20/2026
Addy M. Miró
Director
Attorney
Law Office ofAddy Miro
505 W 12th St Suite 206
Austin, TX 78701
Work Phone: (512) 478-0758
Fax: (512) 651-9389
Term Ends: 6/1/2027
Oliver Neel
Director
Neel Law Firm
405 W. Live Oak
Fredericksburg, TX 78624
Work Phone: (830) 856-2548
Term Ends: 6/1/2027
MarioA. Olivarez
Director
Attorney
Cassidy, Delgado & Olivarez
413 N. Tancahua
Corpus Christi, TX 78401
Work Phone: (361) 887-2965
Fax: (361) 885-0320
Term Ends: 6/21/2025
Rebekah Perlstein
Director
15455 Dallas Parkway Suite 540
Addison, TX 75001
Work Phone: (214) 987-4100
Fax: (214) 922-9900
Term Ends: 6/1/2027
Rick Russwurm
Director
Moore Lewis & Russwurm
PO Box 718
Dumas, TX 79029-0718
Work Phone: (806) 935-9272
Fax: (806) 935-9354
Term Ends: 6/21/2025
Dean Miyazono Director
Attorney
1319 Ballinger St. Fort Worth, TX 76102
Work Phone: (817) 335-0200
Term Ends: 6/21/2025
Mitchell Nolte Director
Attorney
Gibbs Nolte Campos PLLC 1575 Heritage Dr, Suite 301 Mc Kinney, TX 75069
Work Phone: (972) 562-0266
Fax: (972) 569-9278
Term Ends: 6/21/2025
Stephanie K. Patten Director
Law Office of Stephanie K. Patten 2101 Moneda St Fort Worth, TX 76117-5309
Work Phone: (817) 348-0925
Fax: (817) 338-9525
Term Ends: 6/20/2026
Shane Phelps Director
Founder/ManagingAttorney
The Law Office of Shane Phelps 400 N WashingtonAve Bryan, TX 77803-5310
500 E. SanAntonioAve. Ste. 501 El Paso, TX 79901-2434
Work Phone: (915) 546-8185
Fax: (915) 546-8186
Term Ends: 6/1/2027
PattyA. Tress Director
Attorney
Law Office of PattyA Tress
222 E. McKinney Suite 210 Denton, TX 76201-2900
Work Phone: (972) 325-1758
Fax: (940) 222-2769
Term Ends: 6/21/2025
Amanda M. Webb
Director
Attorney
The Webb Firm, P.C.
207 Simonton
Conroe, TX 77301
Work Phone: (936) 647-3352
Fax: (281) 936-0266
Term Ends: 6/1/2027
Judson K. Woodley
Director
Attorney
Woodley & Dudley Law Office
PO Box 99
Comanche, TX 76442-0099
Work Phone: (325) 356-2502
Fax: (325) 356-5193
Term Ends: 6/20/2026
RichardAlanAnderson
Past President
Attorney
Burleson, Pate & Gibson L.L.P.
900 Jackson St Ste 330 - Founders Square
Dallas, TX 75202-4485
Work Phone: (214) 728-2208
Fax: (214) 871-7543
Term Ends: 6/1/2099
Samuel E. Bassett
Past President
Speaker/Attorney
Minton, Bassett, Flores & Carsey
1100 Guadalupe St
Austin, TX 78701-2116
Work Phone: (512) 472-0144
Fax: (512) 479-8315
Term Ends: 6/1/2099
Betty Blackwell
Past President
Attorney
Law Office of Betty Blackwell
1306 Nueces St
Austin, TX 78701-1722
Work Phone: (512) 479-0149
Fax: (512) 320-8743
Term Ends: 6/1/2099
Theodore Wenske
Director
Concho Valley Public Defender's Office
441 Butternut St
Abilene, TX 79602
Term Ends: 6/1/2027
KerriAnderson Donica
Past President
Past President
Law Office of KerriAnderson Donica
301 W 3rdAve
Corsicana, TX 75110-4665
Work Phone: (903) 872-7107
Fax: (903) 872-9281
Term Ends: 6/1/2099
Heather J. Barbieri
Past President
Attorney
Barbieri Law Firm, P.C.
7000 Preston Rd Ste 700 Plano, TX 75024-2573
Work Phone: (972) 424-1902
Fax: (972) 208-2100
Term Ends: 6/1/2099
David R. Bires
Past President Attorney
The Lyric Centre
440 Louisiana St, Suite 200 Houston, TX 77002
Work Phone: (713) 526-9575
Fax: 713-564-0026
Term Ends: 6/1/2099
JamesArnette Bobo
Past President
300 N GrantAve Ste 234 Odessa, TX 79761-5109
Work Phone: (432) 498-4110
Term Ends: 6/1/2099
David L. Botsford
Past President
Attorney
Botsford & Roark
1307 WestAve
Austin, TX 78701-1715
Work Phone: (512) 479-8019
Fax: (512) 479-8040
Term Ends: 6/1/2099
JohnA. Convery
Past President
Attorney
Hasdorff & Convery, P. C.
100 NE Loop 410 Ste 650
SanAntonio, TX 78216-4713
Work Phone: (210) 738-9060
Fax: (210) 738-9426
Term Ends: 6/1/2099
Gerald H. Goldstein
Past President
Attorney
Goldstein & Orr
310 S Saint Marys St Ste 2900
SanAntonio, TX 78205-3117
Work Phone: (210) 226-1463
Fax: (210) 226-8367
Term Ends: 6/1/2099
H.F. Rick Hagen
Past President
Attorney
Jackson & Hagen
100 W Oak St Ste 302 - Texas Building
Denton, TX 76201-4164
Work Phone: (940) 566-1001
Fax: (940) 382-5829
Term Ends: 6/1/2099
William S. Harris
Past President
Attorney
Wm. S. Harris, Attorney
604 E. 4th Street, Suite 101
Fort Worth, TX 76102
Work Phone: (817) 718-7060
Fax: (682) 238-5577
Term Ends: 6/1/2099
Lydia Clay-Jackson
Past President
Attorney
Law Office L. Clay-Jackson
309 Carnes St Conroe, TX 77301-2556
Work Phone: (936) 760-2889
Fax: (936) 760-2892
Term Ends: 6/1/2099
Mark G. Daniel
Past President
Attorney
Daniel, Moore, Evans, Biggs, Decker & Smid (Not a Partnership)
301 Commerce Street, Ste 2001 Fort Worth, TX 76102
Work Phone: (817) 332-3822
Fax: (817) 332-2763
Term Ends: 6/1/2099
Ronald L. Goranson
Past President
900 Jackson St. Ste. 430-Founders Square
Dallas, TX 75202
Work Phone: (214) 651-1122
Fax: (214) 871-0620
Term Ends: 6/1/2099
Emmett Harris
Past President Attorney
625 Cenizo Blvd Uvalde, TX 78801-4008
Work Phone: (210) 422-7055
Fax: (830) 261-5527
Term Ends: 6/1/2099
Michael P. Heiskell
Past President
Attorney
Johnson, Vaughn & Heiskell
5601 Bridge St Ste 220 Fort Worth, TX 76112-2306
Work Phone: (817) 457-2999
Fax: (817) 496-1102
Term Ends: 6/1/2099
Robert C. Hinton, Jr.
Past President
Attorney
3300 Oak LawnAve, Suite 700
Dallas, TX 75219
Work Phone: (214) 219-9300
Fax: (214) 219-9309
Term Ends: 6/1/2099
Craig Jett
Past President
Of Counsel
Burleson, Pate & Gibson, LLP
900 Jackson St Ste 330 Dallas, TX 75202-4485
Work Phone: (214) 871-4900
Fax: (214) 871-7677
Term Ends: 6/1/2099
EdwardA. Mallett
Past President
Attorney
Mallett, Saper & Berg
5300 Memorial Drive Suite 750
Houston, TX 77007
Work Phone: (713) 236-1900
Term Ends: 6/1/2099
David E. Moore
Past President
Past President
Holmes, Moore, Waldron & Parrish, PLLC
110 W Methvin St
Longview, TX 75601-6307
Work Phone: (903) 758-2200
Fax: (903) 758-7800
Term Ends: 6/1/2099
Cynthia Hujar Orr
Past President
Goldstein & Orr | The Historic Staacke-Stevens Building
315 E. Commerce St., Ste. 301
SanAntonio, TX 78205-2944
Work Phone: (210) 226-1463
Fax: (210) 226-8367
Term Ends: 6/1/2099
As of 6/16/2024
Daniel W. Hurley
Past President
Attorney
Hurley & Guinn
1805 13th St
Lubbock, TX 79401-3823
Work Phone: (806) 771-0700
Fax: (806) 763-8199
Term Ends: 6/1/2099
Robert Lerma
Past President
1000 E Van Buren St
Brownsville, TX 78520-7145
Work Phone: (956) 546-1910
Fax: (956) 546-4013
Term Ends: 6/1/2099
Bobby D. Mims
Past President
Attorney
Boren & Mims, PLLC
216 W Erwin St Suite 300A Tyler, TX 75702-7365
Work Phone: (903) 595-2169
Fax: (903) 596-0719
Term Ends: 6/1/2099
E. G. Gerry Morris
Past President Attorney
Law Office of E. G. Morris
505 W 12th St. Suite 206 Austin, TX 78701
Work Phone: (512) 478-0758
Fax: (877) 497-8347
Term Ends: 6/1/2099
Vincent Walker Perini
Past President
3526 WycliffAve Dallas, TX 75219-2824
Work Phone: (214) 563-3838
Term Ends: 6/1/2099
KentAlan Schaffer
Past President
Schaffer Carter Kennedy & Mays
1001 McKinney Street Suite 1600
Houston, TX 77002
Work Phone: (713) 228-8500
Fax: (713) 228-0034
Term Ends: 6/1/2099
Stanley G. Schneider
Past President
Schneider & McKinney, P.C.
5300 Memorial Drive #750
Houston, TX 77007
Work Phone: (713) 951-9994
Fax: (713) 224-6008
Term Ends: 6/1/2099
J. Gary Trichter
Past President
DWI Specialist
Trichter, LeGrand, Houlton & White Law Firm
8777 FM 2828
Bandera, TX 78003
Work Phone: (713) 524-1010
Fax: (713) 524-1080
Term Ends: 6/1/2099
Bill Wischkaemper
Past President
Attorney
Bill Wischkaemper, P. C.
806 Main St
Lubbock, TX 79401-3418
Work Phone: (806) 763-4568
Fax: (806) 763-2727
Term Ends: 6/1/2099
Melissa J. Schank
Staff
Chief Executive Officer
Texas Criminal Defense LawyersAssociation
6808 Hill Meadow Dr
Austin, TX 78736-1948
Work Phone: (512) 646-2724
Fax: (512) 469-0512
Term Ends: 6/1/2099
Grant M. Scheiner
Past President
Attorney
Scheiner Law Group, P.C. 2211 Norfolk St Ste 735 Houston, TX 77098-4062
Work Phone: (713) 783-8998
Fax: (866) 798-9854
Term Ends: 6/1/2099
Mark S. Snodgrass
Past President
Past President
Law Office of Mark S. Snodgrass 1402 TexasAvenue
Lubbock, TX 79401
Work Phone: (806) 762-0267
Fax: (806) 762-0277
Term Ends: 6/1/2099
Randy Wilson Past President
Attorney
Law Office of Randy Wilson 104 Pine St Ste 408 Abilene, TX 79601-5931
Work Phone: (325) 677-4678
Fax: (325) 677-6129
Term Ends: 6/1/2099
Mari Flores Staff CFO
Texas Criminal Defense LawyersAssociation
6808 Hill Meadow Dr Austin, TX 78736-1948
Work Phone: (512) 646-2727
Term Ends: 6/1/2099
Keri Steen Staff
Texas Criminal Defense LawyersAssociation
6808 Hill Meadow Dr Austin, TX 78736-1948
Work Phone: (512) 646-2721
Term Ends: 6/15/2099
As of 6/16/2024
Rick L. Wardroup Staff Attorney
Texas Criminal Defense LawyersAssociation (TCDLA)
630 Zuni, Apt 15
Taos, NM 87571-6616
Work Phone: (806) 283-1469
Term Ends: 6/1/2099
Total Records 101
Affiliate
Key, Laurie L. | Co-Chair Law Office of Laurie L. Key 1213 Avenue K Lubbock, TX 79401-4025 (806) 771-3933 p (806) 771-3935 f lauriekeylaw@gmail.com www.lauriekeylaw.com
Rosenthal, Jeremy | Co-Chair
Rosenthal, Kalabus & Therrian, PLLC 7300 State Highway 121, #400 Mc Kinney, TX 75070 (972) 369-0577 p (972) 369-0532 f jeremy@texasdefensefirm.com www.texasdefensefirm.com
Amicus Curiae Brief
Therrian, Kyle T. | Chair
Rosenthal, Kalabus & Therrian 7300 State Highway 121 Suite 400 McKinney, TX 75070 (972) 369-0577 p (972) 369-0532 f kyle@texasdefensefirm.com https://www.texasdefensefirm.com/
Awards
Botsford, David L. | Co-Chair
Botsford & Roark 1307 West Ave Austin, TX 78701-1715 (512) 479-8019 p (512) 479-8040 f dbotsford@aol.com www.botsfordroark.com
Awards
Smith, John Hunter | Co-Chair
Wynne & Smith 707 W Washington St Sherman, TX 75092-5639 (903) 893-8177 p (903) 892-0916 f jsmith@wynnesmithlaw.com www.wynnesmithlawfirm.com
Budget & Financial Development
Evans, Lance | Chair Daniel, Moore, Evans, Biggs, Decker and Smid (Not a Partnership) 301 Commerce, Suite 2001 Fort Worth, TX 76102 (817) 332-3822 p (817) 332-2763 f lanceevans@egdmlaw.com www.egdmlaw.com
By-Laws
Tu, Paul F. | Chair
Arrington, Tu Burnett 200 South 10th Street Richmond, TX 77469 (713) 774-2800 p (713) 774-2808 f paul@atblawfirm.com www.atblawfirm.com
Committee Chairs and Co-Chairs
Cannabis Flanary III, Don | Chair Flanary Law Firm One International Center 100 NE Loop 410, Ste 650 San Antonio, TX 78216 (210) 738-8383 p (210) 728-3438 f donflanary@hotmail.com www.flanarylawfirm.com
Capital Assistance
McCann, Patrick F. | Chair Law Offices of Patrick F. McCann 700 Louisiana St Ste 3950 Houston, TX 77002-2859 (832) 390-2731 p writlawyer@outlook.com Superlawyers.com
Client Mental Health Ferguson, Alyse | Chair Rosenthal Kalabus and Therrian 130 Pecan Hollow Cir Anna, TX 75408 (972) 544-9319 p alyse@texasdefensefirm.com
Corrections & Parole
AnthesJr., Gene | Chair
Gunter, Bennett & Anthes, P.C. 600 W 9th St Austin, TX 78701-2212 (512) 476-2494 p (512) 476-2497 f gene@GBAfirm.com www.gbafirm.com www.geneanthes.com www.gunterandbennett.com
Criminal Defense Lawyers Project Tu, Paul F. | Chair
Arrington, Tu Burnett 200 South 10th Street Richmond, TX 77469 (713) 774-2800 p (713) 774-2808 f paul@atblawfirm.com www.atblawfirm.com
Criminalization and Reproductive Health Task Force
DeBorde Hochglaube, Nicole | Chair
Hochglaube & DeBorde, PC 3515 Fannin St. Houston, TX 77004 (713) 526-6300 p (713) 808-9444 f nicole@houstoncriminaldefense.com www.debordelawfirm.com
Crimmigration
Pasch, Julie | Chair Harris County Office of Managed Assigned Counsel 1310 Praire St Ste 1600 Houston, TX 77002 (713) 261-5911 p julie.pasch@mac.hctx.net
Texas Tech University 3311 18th St. Suite 108 Lubbock, TX 79409 (806) 834-0167 p (806) 742-4199 f dwight.mcdonald@ttu.edu
Yasin, Huma | Co-Chair
Spangler Law, PLLC 400 N. Saint Paul Street Suite 750 Dallas, TX 75201 (214) 295-2379 p hyasin@spanglerlaw.com
DWI Resource
Flood, Tyler A. | Co-Chair Tyler Flood & Associates, Inc. 2019 Washington Avenue, Suite 300 Houston, TX 77007 (713) 224-5529 p (713) 224-5533 f tyler@tylerflood.com www.tylerflood.com
DWI Resource
Murphy, Doug | Co-Chair
Doug Murphy Law Firm, P.C. 902 Heights Blvd Houston, TX 77008-6912 (713) 229-8333 p (713) 583-0205 f doug@dougmurphylaw.com www.dougmurphylaw.com
Ethics
Mayr, Thomas Brent | Co-Chair Mayr Law, P.C. 5300 Memorial Dr Ste 750 Houston, TX 77007-8228 (713) 808-9613 p (713) 808-9991 f bmayr@mayr-law.com www.mayr-law.com
Ethics
Pelton, Robert | Co-Chair Pelton Law Offices 4001 N Shepherd Dr Ste 200 Houston, TX 77018-5507 (713) 524-8471 p (888) 834-3696 f rpeltonlawyer1@aol.com www.robertpeltonlawyer.com
Federal Assistance
Balli, Roberto | Co-Chair PO Box 1058 Laredo, TX 78042-1058 (956) 712-4999 p (956) 724-5830 f robertoballi@sbcglobal.net www.webbcountycriminaldefense.com
Lorfing, Russell H. | Co-Chair
The Lorfing Law Firm, PLLC 265 S Legget Drive Abilene, TX 79605 (325) 480-8100 p russell@lorfinglaw.com russlorfing@gmail.com
Health & Wellness
Gonzalez, Savannah | Co-Chair Law Office of Savannah Gonzalez 107 E Samano St Edinburg, TX 78539-4641 (956) 378-4060 p (956) 378-4066 f attorney@savannahgonzalez.com www.savannahgonzalez.com
Ryan, David | Co-Chair Ryan & Associates 6161 Savoy Dr Ste 1116 Houston, TX 77036-3326 (713) 223-9898 p (713) 223-8448 f david@davidmryan.com www.davidmryan.com
Judicial Conduct
Greenberg, Lisa | Co-Chair Law Office of Lisa Greenberg 622 S Tancahua St Corpus Christi, TX 78401-3426 (361) 446-2476 p (361) 288-3476 f lisagreenberglaw@gmail.com https://lisagreenberglaw.com/
Castañeda, Rubén V. | Co-Chair Travis County Juvenile Public Defender's Office
2201 Post Rd., Ste. 200 Austin, TX 78704 (512) 854-4128 p (512) 854-4148 f ruben.castaneda@traviscountytx.gov
Stevens, Stephanie L. | Co-Chair St. Mary's School of Law 2507 NW 36th St San Antonio, TX 78228-3918 (210) 431-5710 p (210) 431-5750 f sstevens@stmarytx.edu
Law School Students
Bagshaw, Molly Petersmeyer | Co-Chair Hochglaube & DeBorde, P.C. 3515 Fannin St. Houston, TX 77004 (713) 526-6300 p (713) 808-9444 f molly@houstoncriminaldefense.com www.houstoncriminaldefense.com
Burnham, Anne More | Co-Chair Harris County Public Defenders Office 1310 Prairie 4th Floor Suite 400 Houston, TX 77002 (713) 274-6907 p fanne.burnham@pdo.hctx.net
Committee Chairs and Co-Chairs
Legislative Harris, William S. | Chair Wm. S. Harris, Attorney 604 E. 4th Street, Suite 101 Fort Worth, TX 76102 (817) 718-7060 p (682) 238-5577 f wmsharris.law@gmail.com www.williamharrislawfirm.com
Listserve
Rosenthal, Jeremy | Chair Rosenthal, Kalabus & Therrian, PLLC 7300 State Highway 121, #400 Mc Kinney, TX 75070 (972) 369-0577 p (972) 369-0532 f jeremy@texasdefensefirm.com www.texasdefensefirm.com
Long-Range Planning
DeBorde Hochglaube, Nicole | Chair Hochglaube & DeBorde, PC 3515 Fannin St. Houston, TX 77004 (713) 526-6300 p (713) 808-9444 f nicole@houstoncriminaldefense.com www.debordelawfirm.com
Managed Assigned Counsel
GunterII, Russell I. | Chair Chief Defender 1401 Crickets Ave. Lubbock, TX 79401 (806) 749-0007 p (806) 749-0009 f rusty.gunter2@gmail.com www.rustygunter.com
Media Relations
Greenberg, Lisa | Co-Chair Law Office of Lisa Greenberg 622 S Tancahua St Corpus Christi, TX 78401-3426 (361) 446-2476 p (361) 288-3476 f lisagreenberglaw@gmail.com https://lisagreenberglaw.com/
Hunter, John Torrey | Co-Chair Hunter, Lane, & Jampala 310 S Saint Marys St Ste 1740 San Antonio, TX 78205-0001 (210) 202-1076 p (210) 880-6162 f john@hljdefense.com www.hljdefense.com
Membership
Miró, Addy M. | Co-Chair Law Office of Addy Miro 505 W 12th St Suite 206 Austin, TX 78701 (512) 478-0758 p (512) 651-9389 f addy@coglianolaw.com
Membership
Nimz, Dustin E. | Co-Chair Nimz Law 900 8th St. Ste 1230 W ichita Falls, TX 76301-6814 (940) 766-5335 p (940) 403-2525 f dustin@nimzlaw.com www.nimzlaw.com
Memo Bank
HargroveIII, Theodore A. | Chair 202 W Beauregard Ave Ste A San Angelo, TX 76903-5884 (325) 653-6931 p tipcid71@gmail.com
New Lawyers
Singh, Mehr | Co-Chair
Hurley & Guinn 1805 13th St Lubbock, TX 79401-3823 (806) 771-0700 p (806) 763-8199 f mehr@hurleyguinn.com
Tress, Patty A. | Co-Chair Law Office of Patty A. Tress 222 E. McKinney Suite 210 Denton, TX 76201-2900 (972) 325-1758 p (940) 222-2769 f planyourdefense@yahoo.com
Nexus
Bagshaw, Molly Petersmeyer | Co-Chair Hochglaube & DeBorde, P.C. 3515 Fannin St. Houston, TX 77004 (713) 526-6300 p (713) 808-9444 f molly@houstoncriminaldefense.com www.houstoncriminaldefense.com
Tu, Paul F. | Co-Chair Arrington, Tu Burnett 200 South 10th Street Richmond, TX 77469 (713) 774-2800 p (713) 774-2808 f paul@atblawfirm.com www.atblawfirm.com
Nominations
DeBorde Hochglaube, Nicole | Chair Hochglaube & DeBorde, PC 3515 Fannin St. Houston, TX 77004 (713) 526-6300 p (713) 808-9444 f nicole@houstoncriminaldefense.com www.debordelawfirm.com
Past Presidents
Blackwell, Betty | Chair Law Office of Betty Blackwell 1306 Nueces St Austin, TX 78701-1722 (512) 479-0149 p (512) 320-8743 f bettyblackwell@bettyblackwell.com www.bettyblackwell.com
Prosecutorial Conduct
SolomonIII, Monroe | Co-Chair
Nickols | White | Solomon 4200 West Vickery Suite 200 Fort Worth, TX 76107 (817) 617-7500 p monroe@nwslawfirm.com
Wynne, Thomas P. | Co-Chair
Milner Wynne 1845 Woodall Rodgers Freeway #1500 Dallas, TX 75201 (214) 651-1121 p (214) 953-1366 f thomas@mfplaw.com www.dallascriminal.law
Public Defender
Davis, Eric J. | Co-Chair 1310 Prairie, 4th Floor Houston, TX 77002-1929 (713) 274-6730 p (713) 437-8563 f eric.davis@pdo.hctx.net
Duke, Clifford Perry Winter | Co-Chair Dallas County Public Defender's Office 133 N Riverfront Blvd, LB2 Dallas, TX 75207-4339 (214) 875-2319 p (214) 653-3539 f cliff.duke@dallascounty.org
Rural Practice
Harrell, Paul S. | Co-Chair
Law Office of Paul S. Harrell 703B E Main St Gatesville, TX 76528-1431 (254) 404-3323 p (254) 404-2183 f paul.s.harrell@gmail.com
Phelps, Shane | Co-Chair
The Law Office of Shane Phelps 400 N Washington Ave Bryan, TX 77803-5310 (979) 775-4100 p (979) 775-4300 f shane@shanephelpslaw.com www.shanephelpslaw.com
Sexual Assault
Steadman, Clay B. | Chair Jesko & Steadman 612 Earl Garrett St Kerrville, TX 78028-4535 (830) 257-5005 p (830) 896-1563 f CSteadman612@hotmail.com
Social Committee
Diaz, Aaron M. | Co-Chair Goldstein & Orr 310 S. St. Mary's St. Ste. 2900 San Antonio, TX 78205 210-226-1463 p 210-226-8367 f adiazlaw1@gmail.com
Committee Chairs and Co-Chairs
Social Committee
GilmoreIII, John S. | Co-Chair
Goldstein & Orr 315 E. Commerce St.Suite 301 San Antonio, TX 78205 (210) 226-1463 p (210) 226-8367 f johnstuartgilmore@gmail.com
Strike Force
DeBorde Hochglaube, Nicole | Co-Chair Hochglaube & DeBorde, PC 3515 Fannin St. Houston, TX 77004 (713) 526-6300 p (713) 808-9444 f nicole@houstoncriminaldefense.com www.debordelawfirm.com
Darnell, Jim | Chair Jim Darnell, P.C. 310 N Mesa St Ste 212 El Paso, TX 79901-1301 (915) 532-2442 p (915) 532-4549 f jdarnell@jdarnell.com www.jdarnell.com
Technology
Duke, Clifford Perry Winter | Co-Chair Dallas County Public Defender's Office 133 N Riverfront Blvd, LB2 Dallas, TX 75207-4339 (214) 875-2319 p (214) 653-3539 f cliff.duke@dallascounty.org
Hightower, Sean | Co-Chair Hightower, Franklin, & James 115 South St Nacogdoches, TX 75961-5539 (936) 560-3300 p (936) 560-5600 f seanhightower@yahoo.com www.thegoodlawyer.com
Transcript Database
Smid, Matthew J. | Chair Daniel, Moore, Evans, Biggs, Decker & Smid 301 Commerce St Ste 2001 Fort Worth, TX 76102 (817) 332-3822 p (817) 332-2763 f matt@mattsmidlaw.com www.egdmlaw.com
Veterans Assistance
Harrell, Paul S. | Co-Chair Law Office of Paul S. Harrell 703B E Main St Gatesville, TX 76528-1431 (254) 404-3323 p (254) 404-2183 f paul.s.harrell@gmail.com
Veterans Assistance
Shelburne, Jon | Co-Chair
Military Justice Attorneys 10115 Sahara St #606 San Antonio, TX 78216 (619) 208-4272 p jon@mja.law www.militaryjusticeattorneys.com
Women's Caucus
Hernandez, Amanda | Co-Chair Flanary Law Firm, PLLC 100 NE Loop 410, Ste 650 San Antonio, TX 78216 (210) 738-8383 p (210) 728-3438 f amanda@flanarylawfirm.com www.flanarylawfirm.com
Roland, Sarah E. | Co-Chair Law Office of Sarah Roland 903 N Elm St Ste 101 Denton, TX 76201-6926 (940) 323-9305 p (940) 312-6830 f sarah@sarahroland.com www.sarahroland.com
Expired Membership Report by District 2/16/2024 - 5/15/2024
LAST NAMEFIRST NAMECITYEMAILWORK PHONEEXPIREDCOUNTY
Heather J. Barbieri, the President, calls the meeting to order at 12:35pm A quorum was present.
Roll Call:
Officers
P Heather Barbieri, President
P John Hunter Smith, President-Elect
P David Guinn Jr., 1st VP
P Nicole DeBorde Hochglaube, 2nd VP
P Clay Steadman, Treasurer
P Sarah E. Roland, Secretary
P Jeep Darnell, Voice Editor
A Michael Gross, Immediate Past President
P Adam Kobs, Parliamentarian
Directors
E David Adler
P Matthew Allen
E Stephanie Alvarado
P Gene Anthes Jr.
P Molly Bagshaw
A Phil Baker
P Robert Barrera
A Clinton Broden
E Jessica Canter
A Omar Carmona
E Jason Cassel
P Allison Clayton
P Angelica Cogliano
P Cesar De Leon
E Aaron Diaz
E Clifford Duke
P Joseph Esparza
P Amber Farrelly
A Ricardo Flores
P Robert Gill
P John Gilmore
P Lisa Greenberg
A Mark Griffith
P Paul S. Harrell
P Amanda Hernandez
A Sean Hightower
P Joseph Hoelscher
P John Torrey Hunter
A Johnathan Hyatt
E JoLissa Jones
A Sean Levinson
Key: P = Present; E = Excused Absence; A = Unexcused Absence
P Jani Maselli Wood
A Allison Mathis
A Dwight McDonald
P Dean Miyazono
P Dustin Nimz
P Mitchell Nolte
P Mario Olivarez
P Damon Parrish
A Scott Pawgan
P Shane Phelps
A Brian Raymond
A Carmen Roe
P Rick Russwurm
P Suzanne Spencer
P Joe Stephens
P Stephanie Stevens
P Mark Thiessen
P Patty Tress
P Paul Tu
P Amber Vazquez
P Judson K. Woodley
P Thomas Wynne
P Jennifer Zarka
Past Presidents in Attendance: Sam Bassett, Betty Blackwell, Lydia Clay-Jackson, John Convery, Gerry Goldstein, Ron Goranson, Michael Heiskell, Bobby Mims, David Moore, Gerry Morris, Cynthia Orr, Mark Snodgrass
Staff: Melissa Schank, Mari Flores, Rick Wardroup, Keri Steen, Miriam Duarte, Grace Works, Alicia,
Guests: Kyle Therrian, Jessica Lieck, Lance Evans, Allan Morris, Eric Davis, Kameron Johnson, Lara Bracamonte Davila, Scott Stillson, Annie Scott, Meghan Darnell
President's Comments, Heather J. Barbieri
Welcomed everyone to the board meeting, acknowledged past presidents and guests. Thanked everyone for attending Rusty Duncan this year!
Special Recognition of Course Directors, TCDLEI and CDLP Chairs
Thanked course directors for Rusty Duncan: David Botsford, Eric Davis, Lisa Greenberg, and David Moore for all their great work! Thanked Kyle Therrian as LEI Chair for all his work, Monique Sparks for all her Journey to Justice work, and Adam Kobs as parliamentarian.
Thanked outgoing board members: Clint Broden, Scott Pawgan Mark Griffith, Amanda Hernandez, Sean Levinson, Allison Mathis, Dwight McDonald, Dustin Nimz, Damon Parrish, Brian Raymond, Carmen Roe, Stephanie Stevens, and Amber Vazquez.
Amicus Recognition – Prible v. Lumpkin written by Jonathan Landers, Ashley Steele, Natasha Baker-Bradley, Stacie Lieberman (Amicus Committee members under leadership of Niles Illich.
In Prible v. Lumpkin, the Fifth Circuit reversed a federal district court’s grant of habeas relief based on Brady and Massiah grounds, holding in large part that because state postconviction counsel did not raise those claims in Prible’s initial state post-conviction petition, he could not benefit from the cause/prejudice exception to the exhaustion procedural bar. Prible was convicted of multiple homicides arising from the same incident and sentenced to death. The centerpiece of the State’s case was a jailhouse informant named Michael Beckcom and DNA found in the adult female victim’s mouth, which the State asserted was deposited close in time to her death. Beckcom met Prible in FCI-Beaumont, where Prible was held pre-indictment on unrelated federal charges. After Prible was sentenced to death, he heard rumors in prison that the same ADA used the same group of informants at FCI-Beaumont in another death penalty case. Prible identified a witness to this, another federal inmate known only as “Walker.” Prible conveyed this to his state postconviction attorney attempted to interview Beckcom and Beckcom’s cellmate Foreman who was transferred to FCI-Beaumont on the same day Prible was moved to medium security after he was indicted for murder. Foreman refused to speak with Prible’s attorney and Beckcom’s lawyer refused to let him be interviewed. Pre-trial, the ADA made assertions on the record that she did not have any notes or work product relating to Beckcom other than what she had disclosed, among other things. She later described her discover y policy as “open file.” Prible’s state post-conviction attorney was unable to gather any corroboration to the jailhouse rumors and did not plead claims relating to the ring-of-informants in the initial state habeas petition in 2004. Prible filed pro se pleadings alleging the ring-ofinformants conspiracy based on jailhouse gossip but provided no corroboration. State habeas relief was denied by the CCA.
CDR: Lawrence G. Boyd, David Burrows, & Frank Sellers
06/15/2023 - 06/18/2023 Rusty Duncan | San Antonio
Seminars: 5
Numbers Trained: 429
Course Directors: 11
Speakers: 52
Total CLE: 121.75 including 9.5 ethics.
Update on Contribution of $500,000 to LEI, David Guinn
After learning more about the donor advised fund, we are requesting to amend the previous motion to approve the donation and strike donor advised fund from the motion.
Moved David Moore, second by Jeep Darnell. Motion carries
MOTION: Amend previous motion, December 3, 2023 motion, to excise the “Donor Advised Fund restriction on TCDLEI”
TCDLA EC and Board Motion – December 3, 2023
MOTION: $500,000 TCDLEI Investment
Motion to approve EC motion to contribute $500,000 to TCDLEI Donor Advised Fund with TCDLEI contributing a matching amount. Interest to be paid to TCDLEI, made by David Moore, seconded by Jeep Darnell - motion carries.
MOTION: Minutes – March 4, 2023
Motion to approve the minutes from March 4, 2023, TCDLA Board Meeting held in Houston, TX made by David Guinn, seconded by Jeep Darnell - motion carries.
Recognition of Fallen Heroes and Heroines, Heather J. Barbieri
Charles Scott Sexton (Orange), Robert Marcus Cady, Sr. (Dallas), Paul F. Anderson (San Antonio), Robert D. Jones - Past President (Austin), Christian Thomas Souza (Dallas).
TCDLEI Chair Comments, Kyle Therrian
Recognized donors at Rusty Duncan LEI Booth. Anyone else that has contributed really increases and spreads the cause throughout Texas to allow lawyers to attend CLE. Thanked LEI board members who volunteered at the booth to help fundraise this year and appreciate all their hard work. Recognized Charles Butts Memorial Scholarship Recipient – Jessica Lieck.
Chief Executive Officer's Report, Melissa Schank
Melissa welcomed everyone to the meeting. Rusty Duncan had an all-star cast directed by Eric Davis, David Botsford, Lisa Greenberg, and David Moore. I have been with TCDLA for 17 years and am proud to be here and continue to shine alongside all the staff.
• Staff Anniversaries – Please thank all staff for always going above and beyond! Melissa Schank Executive Director - 17 Years
Mari Flores Chief Financial Officer - 11 Years
Rick Wardroup Curriculum Director/Staff Attorney - 12 Years
Miriam Duarte Database Director - 16 Years
Grace Works Director of CLE - 1 Year
Alicia Thomas Communications Director - 2 Years
Keri Steen Executive Assistant - 7 Years
Cristina Abascal Accountant - 15 Years
Meredith Pelt CLE Coordinator - 1 Year
Sonny Martinez Media Specialist - 2 Years
Kierra Preston Registrar - 1 Year
Jessica Steen Seminar Planner - 3 Years
Jayla Davis Seminar Clerk - 1 Year
Megan Mitchell Seminar Clerk - 1 Year
Sarah Hemmitt Seminar Clerk - 6 Months
Ashley Ybarra Seminar Clerk - 3 Months
Lucas Seiferman Seminar Clerk - 3 Months
• TCDLA Side Bar Podcast Trademark – Approved download from app store, new additions are the SDRs. Always looking for new voices and topics, contact Aaron Diaz if interested.
• Strategic Plan – The strategic plan is helping us grow as an organization. It gives a plan which we have worked on with board members, committee members and staff.
The first quarter work starts in July. If you haven’t completed the survey in your Rusty packet, look out for an email to complete. In your packet you will find the initiatives, with specific accomplishments. We have set deadlines and measurables. In September, we will give you an update.
Initiatives are:
Enhancing Communication & Reorganizing Resources
Revitalizing the Organization
Empowering & Supporting Members & Volunteers
Understanding Member Resources to Increase Education Access
• Declaration Reading – scheduled for June 30, 2023. Thanked Chuck Lanehart and Robb Fickman and their new addition Phil Ricker. They have been organizing and getting everything ready. Check our website to see if your county is represented, this is a fun event to get together on the courthouse and read the declaration. We provide everything you need and can also assist with press releases. Staff have been joining the Austin Criminal Defense Lawyers Association for close to a decade and we look forward to it each year Send in your pictures of the event, we memorialize it each year and put them on the website.
• Annual Report – is in your packet, it goes into detail about the status of funds managed, checks written, speakers, course directors, publication, membership, staff, TCDLEI, CDLP, CLE hours and website traffic – lots of good information in a snapshot.
• Seminar Report –We have over 50 in-person seminars, and have brought back SFST and added DRE, ARIDE to make this a super course not to be missed
Psychodrama will happen again next year along with Federal Law in New Orleans. Livestream attendance has declined, we are still offering it as an option for TCDLA events. Overall, with inflation for food and services we made seminar budget.
• Membership Report – Current members are 3740, which is 10 more than this time last year. We are trying to focus on retaining our members who do not renew: 2020 – 478, 2021 – 422, 2022 – 425, 2023 – 433 The number of board comps given this year is 33, last year 27 were given and half renewed. We should be giving out at least 100 board comps each year. Starting July each board member will have 2 memberships to give to someone who has never been a member and then we ask you to get one person to join by paying.
• Write Offs Report – Katie Gomez $400.
• Code of Conduct and Conflict of Interest Forms – if you have not completed the forms and Keri has not seen you today, please complete the form. This is a requirement for each year.
Curriculum Director/Staff Attorney Report, Rick Wardroup
• Capital Assistance – course director for Capital and Mental Health in South Padre Island - November 2022. Additional capital assistance involvement in oversight committee for RPDO and Board of Directors of LPDO.
• Publication updates – currently updating Code of Criminal Procedure, Trial Manual with Philip Wischkaemper, Traffic Manual, Search and Seizure Manual with Jaratta Adams, Appellate Manual, Cheat sheets, # 1, 2, 3, 4, 5 and 9
• Other publications in the works – Adapting Forensics Manual, and updating Losch Capital Trial Manual, assisted by interns from the UK
Budget Report, Clay Steadman
Clay gave a FY23 budget update as of 4/30/23. Two budget board orientation calls on the FY24 Proposed budget were held last week, thank you for participating as a board member. The FY24 Budget was approved by the board electronically on June 9th Check Policy was updated to only require two signatures on checks over $25,000.
Voice for the Defense, Jeep Darnell
One of the most rewarding jobs he has had with TCDLA is being editor of the Voice
Recognized all Assistant Editors, they do a lot of work behind the scenes. – Sarah Roland, Clay Steadman, Amanda Hernandez, Jeremy Rosenthal, John Gilmore, III, and Mehr Singh.
Board Member Responsibility Article - Reminder was given on board responsibility to write an article for the Voice.
Electronic Voice Available – You can opt out of print copy, there will always be an option for a print version.
36th Annual Rusty Duncan Advanced Criminal Law Course, Eric Davis
Heather recognized and thanked course directors: David Botsford, Eric Davis, Lisa Greenberg, and David Moore for a great Rusty! Eric reported 1,001 attendees at Rusty, and commended all speakers it was exceptional and exceeded expectations. The work that happened behind the scenes was amazing, Melissa and the staff did an amazing job. TCDLA is strong!
Members' Retreat, TCDLA/CDLP/TCDLEI Orientation, John Hunter Smith
At South Padre Island. If you’re a young lawyer come to our trainer of trainers, preparing, and presenting makes you a better lawyer. It also gets you involved in the organization.
Members' Retreat with President-Elect John Hunter Smith, July 12-16, 2023
Trainer of Trainers, July 12, 2023
Journey to Justice, July 13-14, 2023
TCDLA, CDLP and TCDLEI Orientation, July 15, 2023
President's Trip, John Hunter Smith
Mark your calendars! February 14-18, 2024 – Charleston, South Carolina
There will be good food, shopping, and a good time. Welcoming everyone to attend!
Committee Reports:
Legislative Committee, Allen Place
David Gonzalez spoke at Rusty. The veto period ends tomorrow at midnight. There are numerous bills that we favor that there is no decision on. A final paper after the session will be available and will have all the bills that you will need and will affect you. Thanked all committee members for all their work this session! Targeted the 10 worst bills and 1045 bills were tracked by Shae. We do expect one or two more sessions on bail. Recognized and thanked Betty Blackwell, she will go and testify and stand up for individual rights for our group. Allan also congratulated Michael Heiskell for becoming President of NACDL.
Ethics Committee - 3.09 Disciplinary, Mike Ware
Disciplinary rules, conduct and resources update. Would appreciate any help from anyone please email Mike Ware if you are interested.
New Lawyers Committee, Patty Tress
Had a mixer during Rusty and had a sponsor to help buy drink tickets. It was a success, but we need more sponsors for next year. Looking at having other new lawyer receptions for other seminars as well. The New Building Blocks seminar is coming up in August. If you know someone that would be interested in attending have them sign up for this seminar. Available online to register or call the office!
Juvenile Committee, Kameron Johnson
Update on case. Working on e-file – juvenile are only cases not allowed to e-file. Does not require a legislative fix.
Cannabis Committee, Joseph Hoelscher
Look out for the 420 new edition articles in the Voice. Thanked staff for helping keep the committee organized.
Old and New Business
Next Meeting: Saturday, September 9, 2023
Aloft Hotel – Dallas
Board Dinner Fogo de Chao – Friday, September 8 at 7:00 pm Hotel Reservation Deadline: August 31, 2023, or until filled (whichever occurs first).
Reminder to fill out RSVP form staff handed out, make hotel reservations now, we will sell out of our room block and cannot get more rooms for that rate. Register for our new Evidence Seminar which will be interactive and have a fact pattern.
Vote on Nominations Committee Recommendations, Heather J. Barbieri
Proposed Officers for 2023-2024*
John Hunter Smith - President
David Guinn - President-Elect
Nicole DeBorde Hochglaube - 1st Vice President
Clay B. Steadman - 2nd Vice President
Sarah Roland – Treasurer
Lance Evans - Secretary
MOTION: Approve Proposed Officers 2023-2024
Motion to approve proposed officers 2023-2024, John Hunter Smith – President, David Guinn, Jr. - President-Elect, Nicole DeBorde Hochglaube - 1st Vice President, Clay B. Steadman - 2nd Vice President, Sarah Roland – Treasurer, Lance Evans –Secretary, made by David Moore, seconded by Joseph Hoelscher - motion carries.
Proposed Reappointed and New Board Members 2023-2024*
Renewals – 2nd Term
Clifford Duke
Robert 'Bob' Gill
Joseph Hoelscher
Suzanne Spencer
Judson Woodley
New – 1st Term
Sam Adamo
Lara Bracamonte Davila
Justin Crisler
Brian Erskine
Kameron Johnson
Sean Keane-Dawes
Peter Lesser
Lauren McCollum
Stephanie Patten
Lisa Shapiro Strauss
Matthew Smid
Fred Stangl
Scott Stillson
MOTION: Approve Reappointed and New Board Members 2023-2024
Motion to Approve Reappointed and New Board Members 2023-2024, Renewals – 2nd Term: Clifford Duke, Robert 'Bob' Gill, Joseph Hoelscher, Suzanne Spencer, Judson Woodley, New – 1st Term: Sam Adamo, Lara Bracamonte Davila, Justin Crisler, Brian Erskine, Kameron Johnson, Sean Keane-Dawes, Peter Lesser, Lauren
McCollum, Stephanie Patten, Lisa Shapiro Strauss, Matthew Smid, Fred Stangl, Scott Stillson, made by David Guinn, seconded by Clay Steadman - motion carries.
Oath of Office, 2023-2024 President, Heather J. Barbieri
Heather J. Barbieri, outgoing President, swears in incoming President, John Hunter Smith. Presentation of the ceremonial gavel to John Hunter Smith by Heather J. Barbieri
Oath of Office, 2023-2024 TCDLA Officers, John Hunter Smith
TCDLA Officers for 2023-2024 are sworn in.
John Hunter Smith - President
David Guinn - President-Elect
Nicole DeBorde Hochglaube - 1st Vice President
Clay B. Steadman - 2nd Vice President
Sarah Roland – Treasurer
Lance Evans – Secretary
Oath of Office, 2023-2024 TCDLA Renewing and New Board Members, John Hunter
Smith
TCDLA Renewing and New Board Members are sworn in.
Renewals – 2nd Term
Clifford Duke
Robert 'Bob' Gill
Joseph Hoelscher
Suzanne Spencer
Judson Woodley
New – 1st Term
Sam Adamo
Lara Bracamonte Davila
Justin Crisler
Brian Erskine
Kameron Johnson
Sean Keane-Dawes
Peter Lesser
Lauren McCollum
Stephanie Patten
Lisa Shapiro Strauss
Matthew Smid
Fred Stangl
Scott Stillson
Special Recognitions
Special gift to Heather J. Barbieri, outgoing President, presented by John Hunter Smith and the Executive Committee. John Hunter Smith thanked Heather and presented a gift from the Executive Committee.
Past President pin presented to Heather J. Barbieri by Alex Barbieri – Alex pins Heather with her Past President name badge.
John Hunter Smith gift to Alex Barbieri – presented Alex with a gift from TCDLA for his support over the past year.
Heather J. Barbieri presents gift to Laurie Smith – Heather thanks Laurie in advance for the support she will give TCDLA and John Hunter Smith and presents flowers from TCDLA
2023-2024 President’s Remarks, John Hunter Smith
John is humbled and honored to be your 53rd President for TCDLA! John thanked everyone and presented his goals for his year of presidency. Acknowledged all Past Presidents.
Everyone join us to celebrate at Rosario’s.
MOTION: Adjourn Meeting
Motion to adjourn at 2:05 pm, made by John Hunter Smith - motion carries.
Respectfully submitted, Sarah Roland TCDLA Secretary
TCDLA Board of Directors Meeting
Minutes
Saturday, September 9, 2023
Aloft Hotel - Dallas, TX
TCDLA Purpose: TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives through educational programs and other assistance; and through such cooperation, education, and assistance, to promote justice and the common good.
Introduction
John Hunter Smith, the President, calls the meeting to order at 10:37 am. A quorum was present.
Roll Call:
Officers
P John Hunter Smith, President
E David Guinn, Jr., PresidentElect
P Nicole DeBorde Hochglaube, 1st VP
E Clay Steadman, 2nd VP
P Sarah E. Roland, Treasurer
P Lance Evans, Secretary
P Jeep Darnell, Voice Editor
A Heather Barbieri, Immediate Past President
P Adam Kobs, Parliamentarian
Directors
P Sam Adamo
E David Adler
A Matthew Allen
A Stephanie Alvarado
P Gene Anthes Jr.
P Molly Bagshaw
E Robert Barrera
P Lara Bracamonte Davila
P Jessica Canter
A Omar Carmona
P Jason Cassel
A Allison Clayton
P Angelica Cogliano
A Justin Crisler
P Cesar De Leon
P Aaron Diaz
P Clifford Duke
P Brian Erskine
A Joseph Esparza
A Amber Farrelly
A Ricardo Flores
E Robert Gill
P John Gilmore
P Lisa Greenberg
E Paul S. Harrell
P Sean Hightower
P Joseph Hoelscher
A John Torrey Hunter
A Johnathan Hyatt
P Kameron Johnson
Key: P = Present; E = Excused Absence; A = Unexcused Absence
E JoLissa Jones
P Sean Keane-Dawes
P Peter Lesser
E Jani Maselli Wood
P Lauren McCollum
E Dean Miyazono
P Mitchell Nolte
P Mario Olivarez
P Stephanie Patten
P Shane Phelps
E Rick Russwurm
P Lisa Shapiro Strauss
P Matthew Smid
P Suzanne Spencer
P Fred Stangl
P Joe Stephens
P Scott Stillson
E Mark Thiessen
P Patty Tress
P Paul Tu
P Judson K. Woodley
P Thomas Wynne
E Jennifer Zarka
Past Presidents in Attendance: Kerri Anderson Donica, Sam Bassett, William Harris, Craig Jett, Bobby Mims.
Staff: Melissa Schank, Mari Flores, Keri Steen, and Grace Works
Guests: Kyle Therrian, Jon Shelburne, Dustin Nimz, Shea Place, Allen Place
New Board Members: Welcomed new board members to their first board meeting. We hope you are sitting with your board partner, and they are bringing you up to speed about our Board.
Sam Adamo
Lara Bracamonte Davila
Justin Crisler
Brian Erskine
Kameron Johnson
Sean Keane-Dawes
Peter Lesser
Lauren McCollum
Stephanie Patten
Lisa Shapiro Strauss
Matthew Smid
Fred Stangl
Scott Stillson
Oath of Office, Swearing in of New Board Members, John Hunter Smith
We had a few new board members that still needed to be sworn in
TCDLA New Board Members are sworn in.
New – 1st Term
Brian Erskine
Peter Lesser
Lisa Shapiro Strauss
President's Comments, John Hunter Smith
Welcomed everyone to the board meeting, acknowledged past presidents and guests. John Hunter thanked everyone for attending the first board meeting of the year.
Special Recognition of Course Directors, TCDLEI and CDLP Chairs, John Hunter Smith
Recognized TCDLEI Chair, Kyle Therrian, they had an amazing year supporting TCDLA offering scholarships and looking at new services for our members.
Recognized CDLP Chair, Jeep Darnell, who is doing a great job with our new theme. Hope everyone has seen the brochure for Riding for the Defense.
David Botsford, Eric Davis, Lisa Greenberg, & David Moore
36th Annual Rusty Duncan - San Antonio
Doug Murphy and Mark Thiessen
21st Annual Top Gun DWI - Houston 8/23-8/26/2023 John Collins and Tyler Flood TCDLA DWI SFST/ARIDE/DRE Super Course - Austin 9/7-9/8/2023 Sarah Roland, Regan Wynn, and Thomas Wynne Evidence: It's All Elementary - Dallas
The Nexus committee came up with Evidence topic for September. It was very well received and attended. We will continue to have this topic in the future.
The DPS Crime Laboratory Division is looking for two TCDLA representatives for the EDiscovery Portal – The executive committee voted and passed a motion recommending Mark Daniel and Angelica Cogliano. We would like to have a motion from the board.
MOTION: E-Discovery Portal – Mark Daniel and Angelica Cogliano
Motion for Mark Daniel and Angelica Cogliano to be TCDLA’s representative made by William Harris, seconded Nicole DeBorde Hochglaube – motion carries.
Amicus Brief
We have filed two Amicus Briefs and have several in the works. We are recognizing two from this past quarter.
Storey II Amicus Brief - Drafters: Stacie Lieberman and Aaron Diaz
During the State’s closing argument in the penalty phase of Paul Storey’s death penalty trial, the prosecutor told the jury that the victim’s family wanted a death sentence. After Mr. Storey’s direct appeal, state habeas proceedings, federal habeas proceedings, and the issuance of his death warrant, Mr. Storey’s counsel learned through a twist of fate that the victim’s parents steadfastly did not want the death penalty for Mr. Storey and that the prosecution knew that before his trial. During successive state habeas proceedings, Mr. Storey’s counsel elicited robust evidence of the Brady and other due process violations and that Mr. Storey’s initial state habeas counsel was diligent. The State, at that time represented by the AG’s office, opposed. The district court judge recommended relief, having found initial state habeas counsel diligent under Texas Code of Criminal Procedure article 11.071 section 5(a). In 2019, the CCA denied relief, holding that they could not find diligence because initial state habeas counsel could not testify about what he did or did not know (he passed away in 2011). In 2022, the Tarrant County Criminal District Attorney’s Office, now representing the State, filed a motion for the CCA to reconsider the 2019 denial, admitting that the prosecutor lied to the jury and that the trial prosecutors engaged in a continuous effort to conceal the due process violations through the post-conviction evidentiary hearing during the successive proceedings. TCDLA filed an amicus brief in support of Mr. Storey and TCCDA’s motion in 2022. In June 2023, the CCA issued an order inviting amici to file supplemental briefing on the issue of initial state habeas counsel’s diligence, among other things. TCDLA and NACDL submitted supplemental briefing arguing that, in light of TCCDA’s admissions, initial state habeas counsel was diligent for purposes of the inquiry under 11.071 section 5 because the State’s egregious misconduct prevented him from learning information that would have led to discovery of the facts underlying the due process claim (i.e. that the trial prosecutor lied to the jury about the family’s wishes) and that TCCDA’s motion gives the CCA the opportunity to prevent
the imposition of a host of unintended consequences stemming from the 2019 decision. The authors would like to thank the Texas capital habeas community for its generous assistance.
Brock Peters - Drafters: Kyle Therrian, Jason Niehaus, Aaron Diaz
Brock Peters is seeking mandamus relief from the Supreme Court of Texas (SCOTX) after being ordered by a civil judge to divulge the bars at which he consumed alcohol before a major motor vehicle accident. While defending this civil lawsuit, Peters is also defending himself in an intoxication assault prosecution with prosecutors who would assuredly like to have the same information. The pending mandamus asks SCOTX to order the civil trial judge to follow the Fifth Amendment and honor his assertion of privilege against selfincrimination.
TCDLA wrote as amicus a brief tracking the history of the Fifth Amendment right against self-incrimination from the English Star Chamber to Dave Chapelle pleading the Fifth. It illustrates for a court versed in civil practice the experiences of criminal defense lawyers in courts where the right is taken as a given.
MOTION: Minutes – June 17, 2023
Motion to approve the minutes from June 17, 2023, TCDLA Board Meeting held in San Antonio, made by Patty Tress, seconded by Jeep Darnell - motion carries.
Recognition of Fallen Heroes and Heroines, John Hunter
Smith
Each fallen here had a few words said in remembrance and a moment of silence was had for our fallen heroes. Robert Garcia, Jr. (Odessa), Anthony Gunn (Troup), William Habern (Houston), Kimberly Marie Knapp (Fort Worth), Larry Sauer (Austin), Samuel Terry (Fort Worth), Dominick Marsala (Denton), Teresa Pace (Tyler)
TCDLEI Chair Comments, Kyle Therrian
TCDLEI has been doing great and we have been self-sustaining. TCDLEI has invested funds for long-term. We are coming up with new fundraising ideas to continue to sustain into the future. Charles Butts Memorial Scholarship application deadline is December 20, 2023. An email will be sent out with an application, please help promote. Sam Bassett sponsors this scholarship every year. TCDLEI raised nearly over 35k during Rusty Duncan. We encourage you to continue to donate.
Publications Report, John Hunter Smith
A written report is in your packet, please get your copy of the new Code Books, Cheat sheet and other updated publications from this session. We had over 1000 bills passed, 100 being criminal defense related. If you missed David Gonzales’ Legislative Update from September 1st, it is free on the website along with other member exclusives Legislative paper and cheat sheets are all online or printed. All new publications you purchase will now be on your TCDLA app! If you need to download your TCDLA app, go to our “how to section” under resources for instructions or call the office for help.
Chief Executive Officer's Report, Melissa Schank
I recently presented to my executive counterparts from other states, at the Defense Association, about the services we offer to members. There were so many we had that they wanted to do another hour of Q&A with me. You all should be so proud of the work each of you contribute to, our committees and members’ work. We would not have the service
without dedicated volunteers like you! We are working on making sure you all know what we do because we offer so much.
• Staff Anniversaries – Miriam Duarte, Database Director – handles all training, membership and technology, she celebrates 17 years, Cristina Abascal in Accounting celebrates 15 years, Megan Mitchell, Part time Seminar Clerk one year.
• Declaration Reading Project – This was held on June 30, 2023. Chuck Lanehart, Robb Fickman and Phil Ricker have put on another great event, it is a fun time reading on the steps of the courthouse, videos and pictures are on our website’s main page at the top. Mark your calendar for next year, July 3, 2024. If interested in participating next year get with Melissa.
• Board Report Cards – Everyone has a board report card, staff has updated and will continue to be updated and passed out at board meetings. If anything is incorrect update and return it to us. The Nominations committee will use the board report card for renewing board positions The board report card outlines responsibilities as a board member. Board Comp memberships were way down last year, reminder you have two every year.
• Annual Report - Highlights from the annual report are in your packet. This is for FY23: 9/1-8/31/2023. We had a stellar year with our amazing legislative team and committee showing up to the capital at all hours and attending numerous special sessions We updated our new app with lots of new features and ended the year with a positive fiscal year.
• Seminar Report - We had over 30 seminars which were live, in person and available on demand. TCDLA and CDLP trained approximately 8000 attorneys and supporting staff. If you need training for PD, MAC or local affiliates let me know. We have our traveling legislative update, Innocence, and Mental Health. We can assist with helping your local bar grow as well.
• Membership Report - Lexis Nexis higher discount rate, MyCase and Travel Insurance. Our current membership is 3757, a little higher than last year. We want to reach 4000. We have approximately 600 that do not renew annually, help encourage members and welcome and include them at events or socials you enjoy Miriam sent out an initial email with comps, Ashley will send a reminder. Follow up with them and with the deleted member lists that are provided. These have been called, emailed, and mailed by staff and received no response. It means more when you know them. If anyone is having financial difficulties let me know and we will assist.
• Write Offs Report - None at this time.
• Code of Conduct and Interest Forms – These need to be signed each year, a few are still outstanding. Please get with Keri to sign yours if it is still outstanding.
We are currently accepting applications for board positions; we have nine board positions open. We also have Awards applications – send in one or two and the Charlie Butts 3L scholarship application -encourage someone to apply. These are all available online or send me an email and we will get them to you – encourage someone you know
Budget Report, Sarah Roland
Sarah gave a FY23 budget update as of 7/31/23
Voice for the Defense, Jeep Darnell
Jeep recognized his Assistant Editors – Sarah Roland, Clay Steadman, Amanda Hernandez, Jeremy Rosenthal, John Gilmore, III and Anne Burnham
Board Member Responsibility include two Voice Articles - Reminder was given on board responsibility to write an article for the Voice or you can opt out by contributing $750 each term. A report in the board packet and your report states if you have made the commitment. Any kudos you have send to TCDLA so we can include in the Voice. Do not post these on the listserv.
37th Annual Rusty Duncan Advanced Criminal Law Course, Bobby Mims
Mark your calendars for Rusty Duncan!
Course Directors: Bobby Mims, Jeremy Rosenthal, Monique Sparks, Clay Steadman
Date: June 13-15, 2024, Hyatt Regency, San Antonio, TX
Hotel reservation deadline: May 21, 2024
Members' Retreat, TCDLA/CDLP/TCDLEI Orientation, John Hunter Smith
John invited everyone to join David Guinn and mark your calendars for the Members’ Retreat in South Padre Island! The links for hotel and registration are ready. Join us, also if you are interested in brushing up on your speaker skills or knows someone that wants to start speaking let Melissa know, this is for veteran speakers and new speakers.
Members’ Retreat with President-Elect David Guinn, July 12-16, 2023
Trainer of Trainers, July 10, 2024
Riding for the Defense, July 11-12, 2024
TCDLA, CDLP and TCDLEI Orientation, July 13, 2024
President's Trip, John Hunter Smith
February 14-18, 2024 – Charleston, South Carolina Forms have been distributed, sign up and mix and match socials, hotel cut off will be approaching. Make your reservations, this is a fun place and has excellent food.
Committee Reports:
Ethics, John Hunter Smith
The Ethics committee is up and going well. The continue to receive several calls a week with lawyers searching for help. All members of the Ethics committee are outstanding lawyers, and the callers are always well satisfied with the fast response.
Rural Practice, Shane Phelps
There has been a name change in the Voice for the Front Porch Column, it is now called Beyond City Limits. Check out the news article. Our committee has a roundtable once a month. We need your experience if you want to join our monthly roundtable meetings or committee, please let us know we are a very active committee.
Legislative Committee, Bill Harris
The legislature is not in session. Allen believes there may be a 50/50 chance the legislature will call another special session regarding bail reform.
Women’s Caucus, Sarah Roland
We had a great women’s caucus meeting in June. It was fabulous. We had another successful seminar in Austin as well. Please attend next year. There will be a luncheon at next year’s Rusty.
Technology, Clifford Duke
Cliff gave an update of where we were on the full disclosure project. TCDLA decided to build their own database and has launched. We need Brady on any of your officers, or other individuals who are consistently involved. Submit this information to TCDLA for the database. We are working with the transcripts committee to also include that information. I encourage all of you and who you speak to help grow our database. There will be some prizes for those who help submit product for the database Melissa will send out information to the board on how to submit the information. There was a request to provide a video on how to use JotForm for those who do not understand technology very well. Clifford let everyone know there is a technology how to section on the website where we have 60+ how to videos. If there is anything missing that you think would be helpful let us know so we can create that video.
Law Schools, Molly Bradshaw
Our goal is to have at least one TCDLA event at each law school. A lot of logistics goes into this. If anyone is involved in a school get with our committee to help plan an event at the law school.
Social Media, John Gilmore
Sonny and Alicia have put in great efforts to promote seminars. Posts have brought higher traction and views; we are hoping this will promote and help increase attendance.
Corrections and Parole Committee, Gene Anthes
There is a Bill Habern Corrections and Parole seminar on October 5–6,2023, in Austin. Please attend and support us, there will be a memorial for Bill Habern, Thursday evening immediately following the seminar If you have any anecdotes or photos, please send them to Gene at gene@GBAfirm.com, we are working on a zoom video to present during the memorial.
Juvenile Justice, Kameron Johnson
We are working on criminal juvenile justice cheat sheets, motions, and a brief. Special shout-out to Melissa and Keri for going above and beyond getting our information out there and on website. Statewide juvenile monitoring on criminal justice
CDLP, Jeep Darnell
September 15th in McKinney will start off the FY24 Riding for the Defense road show. We encourage you to attend any that are in your area. Upcoming road shows through the end of the year will be October 27th in South Padre Island with Cesar de Leon and December 15th in Denton with Patty Tress.
Veteran Assistance, Jon Shelburne
A veteran clinic is done once a year. Trying to educate on access to veteran’s court and how to use them. We are having a seminar on February 23, 2024.
Post Dobbs, Nicole DeBorde Hochglaube
We need to monitor further city ordinances. We need your input and the community, mostly border cities, to let us know of any city ordinances or changes. If you hear of a city law that is not a state one that legislative tracks, we need to know about it. A form will be sent out so you can alert us.
Strike Force, Nicole DeBorde Hochglaube
Currently working on Wilkerson/Campbell case. Once it’s over we will have Bobby Mims give a recap.
Membership, Dustin Nimz
Have had good gains on retention over the last couple of years. A list of lapsed members goes to the board, please reach out to anyone you know. Membership fun events are being put together. Invite someone if you are coming to get them involved and meet people. If there is a good group event idea in your area let me or let Amber Vazquez know.
New Lawyers, Patty Tress
Building blocks in August did very well. Patty thanked the committee, John Hunter, Paul Tu, Melissa, Kierra, and Keri for all their work on the seminar. We hope to do this again, if you know new lawyers send them our way.
Nexus, Paul Tu
We are meeting monthly to comb through suggestions. If you have any ideas let me, Sonny or Melissa know of any ideas for us to review.
Transcript Database, Mathew Smid
Prosecutors have a big advantage they have an internal database on transcripts. Our committee would like to have the same for us statewide. Currently we are trying to get as many transcripts as we can, we are focusing on experts. We will move onto another focus once we have a good amount. Even if you just have one transcript, please email it to me at matt@mattsmidlaw.com. We need volume, we need the transcripts.
47th Tim Evans Texas Criminal Trial College, Lance Evans
We are accepting applications for next year which will be held from March 17-22, 2024, at Sam Houston State University. If you have a new associate or know a new lawyer, get them an application, and have them fill it out. Limited to a certain number.
Affiliate, Laurie Key
We have an affiliate program on October 5th. Local affiliate bars can become members of TCDLA, and we can help with seminars. If there is not a local affiliate in your area get with us, we can help you establish one. There is an affiliate list you can find on our website.
MOTION: Cameron County as an affiliate of TCDLA
Motion to vote Cameron County in as an affiliate of TCDLA, made by Patty Tress, seconded by Nicole Deborde Hochglaube - motion carries.
Listserv, Jeremy Rosenthal
Alert Jeremy Rosenthal or office on other items placed on listserv.
Old and New Business
Declaration Reading
A concern was brought up about the word “savage” when we read the declaration as a TCDLA event.
Motion to strike the word savages from the declarations readings, made by Patty Tress, seconded by Craig Jett.
MOTION: Table Motion
I make a motion to table this discussion until the next meeting made by John Hunter Smith, seconded by Nicole DeBorde Hochglaube
Melissa stated we will get more information so we can better discuss the issue and what we have done in the past with like issues.
President’s Closing Announcements, John Hunter Smith
John Hunter Smith thanked the Legislative Committee – Legislative Counsel Allen Place, Shea Place, David Gonzalez, Chair Bobby Mims, and the committee members. This is one of the most valuable resources our membership has. A round of applause was given
Equally important and just as valuable is the Strike Force Committee, thank you to Nicole DeBorde Hochglaube, Bobby Mims, Joseph Connors, Russell Wilson, and the rest of the committee for all your hard work.
Next Meeting: Saturday, December 2, 2023, at 10:15 am in Round Rock
Kalahari Resorts | $129 S/D
3001 Kalahari Blvd
(877) 525-2427 Hotel Cut-Off: 11/15/23
Round Rock, TX 78665
Holiday Dinner: Double Cut Steakhouse, Friday at 7:00 pm (call the office to RSVP).
We encourage everyone to come to the November 30th – December 1st, Defending Sex Crime Allegations: Adults and Children in Round Rock. Please make your hotel reservations now, we will not be able to make any last-minute reservations after the cutoff date due to our very low rate. You can call the office if you need someone to make your reservation. This location offers lots of fun for adults only as well as for your family Make hotel reservations here: 2023 TCDLA Sexual Offenses - Start your reservation (passkey.com)
MOTION: Adjourn Meeting
Motion to adjourn at 12:07 pm, made by Joseph Hoelscher, seconded by Jeep Darnell - motion carries.
Respectfully submitted,
Lance Evans TCDLA Secretary
TCDLA Board of Directors Meeting MINUTES
Saturday, December 2, 2023
Kalahari (Salon A), Round Rock, Texas
TCDLA Purpose: TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives through educational programs and other assistance; and through such cooperation, education, and assistance, to promote justice and the common good.
Introduction
John Hunter Smith, the President, calls the meeting to order at 10:15 am. A quorum was present.
Roll Call:
Officers
P John Hunter Smith, President
P David Guinn, Jr., PresidentElect
P Nicole DeBorde Hochglaube, 1st VP
E Clay Steadman, 2nd VP
P Sarah E. Roland, Treasurer
P Lance Evans, Secretary
P Jeep Darnell, Voice Editor
P Heather Barbieri, Immediate Past President
P Adam Kobs, Parliamentarian
Directors
P Sam Adamo
E David Adler
A Matthew Allen
A Stephanie Alvarado
P Gene Anthes Jr.
P Molly Bagshaw
P Robert Barrera
P Lara Bracamonte Davila
A Jessica Canter
E Omar Carmona
E Jason Cassel
E Allison Clayton
P Angelica Cogliano
P Justin Crisler
P Cesar De Leon
P Aaron Diaz
E Clifford Duke
A Brian Erskine
P Joseph Esparza
A Amber Farrelly
A Ricardo Flores
P Robert Gill
P John Gilmore
P Lisa Greenberg
P Paul S. Harrell
P Sean Hightower
P Joseph Hoelscher
A John Torrey Hunter
P Johnathan Hyatt
P Kameron Johnson
Key: P = Present; E = Excused Absence; A = Unexcused Absence
P JoLissa Jones
P Sean Keane-Dawes
P Peter Lesser
E Jani Maselli Wood
A Lauren McCollum
A Dean Miyazono
E Mitchell Nolte
P Mario Olivarez
P Stephanie Patten
P Shane Phelps
E Rick Russwurm
P Lisa Shapiro Strauss
P Matthew Smid
E Suzanne Spencer
P Fred Stangl
A Joe Stephens
P Scott Stillson
E Mark Thiessen
P Patty Tress
P Paul Tu
A Judson K. Woodley
P Thomas Wynne
E Jennifer Zarka
Past Presidents in Attendance: Kerri Anderson Donica, Sam Bassett, Betty Blackwell, Lydia Clay-Jackson, John Convery, Michael Gross, William Harris, Michael Heiskell, Daniel Hurley, Bobby Mims, David Moore, Cynthia Orr
Guests: Kyle Therrian, Allen Place, Tonya Place, Randy Ortega, Addy Miro, Amber Vasquez, Ryan Kreke, Jon Shelburn, Rebecca Tavitas
President's Comments, John Hunter Smith
John welcomed everyone to the board meeting Past presidents were applauded, and John thanked them for attending and expressed how special their attendance was as they brought a lot of wisdom and knowledge to our board.
We had a great seminar in Kalahari; it was the largest attended sexual assault seminar. John acknowledged and thanked course directors – Heather Barbieri, Jeff Kearney, and Ryan Kreck.
John recognized NACDL President Michael Heiskell. Michael wanted to commend everyone for their work and give special recognition to Melissa Schank for doing an amazing job.
Special Recognition of Course Directors, TCDLEI and CDLP Chairs, John Hunter Smith
CDLP Chair Jeep Darnell is doing a great job with our new theme – I hope everyone has seen the brochure for Riding for the Defense.
Course Directors and seminars September 1 to December 1, 2023
• 09/7-8/2023: Evidence: It's All Elementary, Dallas - Sarah Roland, Reagan Wynn, and Thomas Wynne - great seminar and exceeded attendance.
• 10/5-7/2023: Future Indigent Defense Leaders 3.0/4.0, San Antonio
• 11/2-3/2023: 19th Stuart Kinard Advanced DWI, San Antonio - Bobby Barrera, Adam Kobs, Ashley Morgan, & Gary Trichter
• 11/30-12/1/2023: Defending Sex Crimes, Round Rock - Heather Barbieri, Jeff Kearney, and Ryan Kreck
Total Trained for TCDLA: 367 | Total CLE: 42.5 | including 2.0 ethics
MOTION: Minutes – September 9, 2023
Motion to approve the minutes from September 9, 2023, TCDLA Board Meeting held in Dallas, made by David Guinn, seconded by Adam Kobs - motion carries.
Recognition of Fallen Heroes and Heroines, John Hunter Smith
John Harding (Fort Worth), Richard Mock (Burnet), William Trantham (Denton), Celeste Villarreal (Austin), William Habern (Houston), Kimberly Knapp (Fort Worth)
TCDLEI Chair Comments, Kyle Therrian
John recognized TCDLEI Chair Kyle Therrian. Kyle recognized Sean Hightower for donating $15,000 to TCDLEI. LEI invested $ 1 million, and it has been performing as expected. TCDLEI board voted on a new designation called the Distinguished Lifetime Fellow, which is designated for those who donate at least $25,000 We have three donors to date and are discussing as a board as to how to recognize these donors. LEI is currently doing a holiday donation challenge; staff will go around and take donations Charles Butts Memorial Scholarship Application Deadline 12/20/2023.
• Board Report Cards – everyone has a report card handed to you when you checked in; if anything is incorrect, update and return it to staff. We will give you a copy at each meeting. The Nominations committee will use these for renewing positions.
• Annual Report – last year we had a great year adding new programs. We are working on new member benefits with Financial Fridays, from starting a law practice to marketing, HR, and AI.
• Seminar Report – we are having more and more challenges in finding hotels that will work within our budget for food and hotel rates. This is taking 75% longer to negotiate and find. In addition to hotel turnover for A/V and banquets, we are starting over with each hotel. We had built relationships in the past to learn our group set up and specifics
• Membership Report – we continue to stay at 3,800, we really want to reach 4,000. Help us grow and invite colleagues, there are over 20,000 criminal defense attorneys in Texas. We are accepting Awards applications – send in one or two nominees. Charlie Butts 3L applications are due December 20th. Applications are found online, or send me an email, and we will get it to you
• Write Offs Report – we have two in the amount of $300 that are uncollectable.
MOTION: write off - $300
Motion to write off $300 from two accounts that are uncollectable, made by Jeep Darnell, seconded by Nicole Deborde Hochglaube - motion carries.
• Strategic Plan Updates – The work sessions the committee and the staff have been doing this past quarter have been engaging and exciting. Each staff lead reported on 1st quarter goals and accomplishments for the four initiatives.
Capital Assistance, Rick Wardroup
Publications – purchase new code books that are current and up to date. Cheat sheets are very useful and easy to read and access.
Budget Report, Sarah Roland
Sarah gave a FY23 End of Year budget update and a FY24 budget update as of 9/30/23. Everyone is making fiscally responsible decisions.
Voice for the Defense, Jeep Darnell
Jeep recognized his Assistant Editors – Sarah Roland, Clay Steadman, Amanda Hernandez, Jeremy Rosenthal, John Gilmore, III, and Anne Burnham The articles we are getting are great.
Board Member Responsibility includes two Voice Articles - Reminder was given on board responsibility to write an article for the Voice, or you can opt out by contributing $750 each term. A report in the board packet states if you have met the commitment; this information is also found on your individual report card.
37th Annual Rusty Duncan Advanced Criminal Law Course, Monique Sparks
Mark your calendars for Rusty Duncan!
Course Directors: Bobby Mims, Jeremy Rosenthal, Monique Sparks, Clay Steadman
Date: June 13-15, 2024, Hyatt Regency, San Antonio, TX.
Hotel reservation deadline: May 21, 2024
We mailed 20,000 plus postcards. The hotel is already getting full. We are moving the awards banquet to dinner time; you can wear your Rusty shirt to dinner banquet and membership party!
Members' Retreat, TCDLA/CDLP/TCDLEI Orientation, David Guinn
Mark your calendars for the Members’ Retreat in South Padre Island! The links for hotel and registration are ready. David encouraged everyone to come. If you are interested in brushing up on your speaker skills or know someone who wants to start speaking, let Melissa know. The Trainer of Trainers is for veteran speakers and new speakers.
Members’ Retreat with President-Elect David Guinn, July 12-16, 2023
Trainer of Trainers, July 10, 2024
Riding for the Defense, July 11-12, 2024
TCDLA, CDLP and TCDLEI Orientation, July 13, 2024
President's Trip, John Hunter Smith
February 14-18, 2024 – Charleston, South Carolina. Forms have been distributed, sign up , mix and match socials, and a hotel cut-off is approaching. We have lots of fun activities and great food.
Defending Vehicular Crimes, January 26th in Austin; this is the first year for this new topic. I have a personal request that each of you come to this seminar and make it a success. We have some great speakers and topics. Melissa will send an email out to everyone we are hoping you can help bring in two paid attendees to the seminar.
Committee Reports:
Strike Force, Nicole Deborde Hochglaube
Thank you to Bobby Mims who has been helping with motions, drafting, and mitigation. Waiting for the Judge to make a ruling is a complex matter that affects us all.
Post Dobbs, Nicole Deborde Hochglaube
The survey will be sent out on the listserv again to see if anyone has been impacted. Currently, there is no interest in training. If you know of any issues, get with Nicole as soon as possible to see how the committee can help.
Legislative Committee, Bill Harris
Senate Bill 4 regarding immigration, you need to read this. All of us will have opportunities to represent people regarding this issue. This is truly a horrible bill and unconstitutional. We have the best legislative team.
Corrections and Parole Committee, Gene Anthes
Gene and Randy Ortega in support of the 85 to Stay Alive campaign. A new initiative we are working on is looking at trying to get A/C in the jails and also having a parole resources tab on TCDLA’s website page. There was a lot of feedback given as to what we could include.
Awards, Betty Blackwell
February 23rd is the deadline for awards nomination. We need nominations – please send these in. We will be having a dinner this year to recognize award winners.
Women’s Caucus, Betty Blackwell
We will have a new program at Rusty on June 13th.
Past Presidents, Betty Blackwell
We are all still here!
Technology, Sean Hightower
Police Accountability - TCOLE records will be available through TCDLA. We have a staff person we have hired to help. Every six months we will update; this will be a member benefit available next year.
New membership app – the price of the app went up significantly. There hasn’t been as much activity on this app as hoped for. Since we do not need all the bells and whistles the new app provides, we are going back to the Lawbox App, which we still had been using.
Amicus, Kyle Therrian
There is a petition for review involving the 5th Amendment. It was emailed out to everyone; take a look at it.
The committee is proposing a change to the front page of the amicus. Drafters will appear first, followed by the president, chair, and vice chair of the committee.
MOTION: Front page of Amicus Brief change
Motion to change the front page of the amicus brief so that drafters will appear first, followed by president, chair, and vice chair of the committee, made by Nicole Deborde Hochglaube, seconded by David Guinn - motion carries.
New Lawyers, Patty Tress
We are working on new cheat sheets for new lawyers. Paul Tu is working with the Texas Lawyers Association to recruit new lawyers. If you know anyone, please encourage them to join and get involved.
Transcripts, Mathew Smead
If you need one or two transcripts, please email any you may have to Mathew. Melissa will send the flyer to everyone so you know the criteria. The committee is working on an article for the Voice.
Membership, Amber Vasquez
We are collaborating with local bars to try and have a membership drive and trying to appeal to new people. Let us know if you have any ideas. Our goal is to reach 4,000. You also get a list of expired members from Miriam
Capital Assistance, Philip Wischkaemper
Pat McCann will do 15-20 minute podcasts to mentor people into the capital community. Please let us know if you would like to see a topic to be covered.
Judicial Conduct, Philip Wischkaemper
We had a judge in San Antonio who was livestreaming procedures. The committee is monitoring the situation; let us know if there is something the committee needs to know regarding this.
Juvenile Justice, Kameron Johnson
We are doing lots of training. We have one on April 12th in Austin: hands-on advocacy training. We are adding more content and motions on the website under the juvenile justice tab and also working with the Justice Alliance youth group looking at the environment in the justice system. We will be getting with Gene to work together on this issue. Statues on juveniles are found on the app. Look for more cheat sheets and motions that are Juvenile specific to come.
Rural Practice, Paul Harrell
We are conducting round tables for rural members.
Veterans Assistance, Jon Shelburn
We will have a program on February 23rd in Houston that will focus on veterans’ treatment. Encouraging participation of non-veterans so you can get an idea of what veterans are going through when you represent them.
Cannabis, Don Flanary
There will be a full day cannabis THC and DWI seminar in Dallas on May 3, 2024.
Nexxus, Paul Tu
We are streaming all comments to get new topics for the upcoming year. We have narrowed it down to about 15 topics, and we will work with David Guinn for next year’s planning. From Start to End on February 29th – March 1st, in Sugar Land, is one of the new topics for FY24. Please come and support it.
DWI, Doug Murphy
We have five seminars planned – the next one is Defending Vehicular Crimes: Alcohol and Drugs on January 26th in Austin; help us increase attendance. We are also working on an article for the Voice
By-Laws, Adam Kobs
Adam presented an amendment to the bylaws for review and approval.
MOTION: By-Laws - Sec. 2. Executive Committee
Motion to edit the By-Laws Sec. 2. Executive Committee – remove wording “, immediate past president” see below, made by Lance Evans seconded by Paul Tu, 25 approved, 17 oppose – motion carries.
Sec. 2. Executive Committee
The Executive Committee shall consist of the officers of the Association, the editor of the Voice for the Defense, immediate past president, and two members of the board of directors appointed by the President. The President may select Ex-Officio(s) in a nonvoting capacity, to serve on the Executive Committee. The Executive Committee shall have such powers and duties as are provided in these bylaws and as may be prescribed by the Board of Directors. The CEO is a non-voting member of the Executive Committee.
47th Tim Evans Texas Criminal Trial College, Lance Evans
We are accepting applications for next year, which will be held from March 17-22, 2024, at Sam Houston State University. If you have a new associate or know a new lawyer, get them an application and have them fill it out. We are limited to a certain number.
Old and New Business
President’s Closing Announcements, John Hunter Smith
We encourage everyone to attend the Sugar Land Start to End seminar on February 29th –March 1st. Sign up!
Next Meeting: Saturday, March 2, 2024 at 10:15 am Hyatt Place Houston/Sugar Land 16730 Creekbend Drive
Sugar Land, TX 77478 (281) 491-0300
MOTION: Adjourn Meeting
Motion to adjourn at 11:34 am, made by Jeep Darnell, seconded by Nicole Deborde Hochglaube - motion carries.
Respectfully submitted, Lance Evans
TCDLA Secretary
TCDLA Board of Directors Meeting MINUTES
Saturday, March 2, 2024
Hyatt Place (Ballroom) - Sugarland, Texas
TCDLA Purpose: TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives through educational programs and other assistance; and through such cooperation, education, and assistance, to promote justice and the common good.
Introduction
John Hunter Smith, the President, calls the meeting to order at 10:13 am. A quorum was present.
Roll Call:
Officers
P John Hunter Smith, President
P David Guinn, Jr., PresidentElect
P Nicole DeBorde Hochglaube, 1st VP
P Clay Steadman, 2nd VP
P Sarah E. Roland, Treasurer
P Lance Evans, Secretary
P Jeep Darnell, Voice Editor
E Heather Barbieri, Immediate Past President
P Adam Kobs, Parliamentarian
Directors
A Sam Adamo
A David Adler
A Matthew Allen
E Stephanie Alvarado
E Gene Anthes Jr.
P Molly Bagshaw
P Robert Barrera
P Lara Bracamonte Davila
E Jessica Canter
A Omar Carmona
E Jason Cassel
E Allison Clayton
P Angelica Cogliano
P Justin Crisler
A Cesar De Leon
P Aaron Diaz
E Clifford Duke
P Michael Edwards
A Brian Erskine
P Joseph Esparza
P Amber Farrelly
A Ricardo Flores
A Robert Gill
P John Gilmore
E Lisa Greenberg
P Paul S. Harrell
P Sean Hightower
P Joseph Hoelscher
A John Torrey Hunter
A Johnathan Hyatt
P Kameron Johnson
P JoLissa Jones
Key: P = Present; E = Excused Absence; A = Unexcused Absence
E Sean Keane-Dawes
E Peter Lesser
P Jani Maselli Wood
P Lauren McCollum
P Dean Miyazono
P Mitchell Nolte
P Mario Olivarez
P Stephanie Patten
P Shane Phelps
E Rick Russwurm
P Lisa Shapiro Strauss
E Matthew Smid
P Suzanne Spencer
P Fred Stangl
A Joe Stephens
P Scott Stillson
P Mark Thiessen
P Patty Tress
P Paul Tu
P Theodore Wenske
A Judson K. Woodley
P Thomas Wynne
Past Presidents in Attendance: Kerri Anderson Donica, Sam Bassett, David Bires, Bobby Mims, David Moore, and Gerry Morris
Staff: Melissa Schank, Mari Flores, Meredith Pelt, Sonny Martinez
John welcomed everyone to the board meeting. John acknowledged Past Presidents and thanked them for attending.
John Hunter Smith introduced new board member – Michael Edwards from Houston.
We had a great seminar in Sugarland. John acknowledged and thanked the course directors, Nicole DeBorde Hochglaube, Annie Scott, and Paul Tu.
Special Recognition of Course Directors, TCDLEI and CDLP Chairs, John Hunter Smith
CDLP Chair – Jeep Darnell continues his Riding for the Defense-themed seminars along with Vice Chair Paul Tu. TCDLA events we have had this quarter:
Course Directors and seminars December 4 to March 1, 2024
• 1/4-5/2024: 43rd Annual Prairie Dog – Lubbock - Kristen Ayers, Charles Chambers, and Rachel Etheridge
• 1/12/2024: A Guide to DWI Cases: Essentials Upon Accepting the Case – WebinarBetty Blackwell and Jessica Bernstein
• 1/26/2024: Defending Vehicular Crimes – Austin - Betty Blackwell, David Guin Jr., Brent Mayr, and Mark Thiessen
• 1/26/2024: Financial Friday Marketing Your Practice – Livestream - Mark Thiessen
• 1/30/2024: New Lawyer Don't Be in Contempt 1 – Livestream - Bobby Mims
• 2/01/2024: Federal Law Gumbo – New Orleans - Roberto Balli and Michael Gross
• 2/7-10/2024: TCDLA DWI SFST/ARIDE/DRE Super Course – Austin - Michael Gross, John Collins and Tyler Flood
• 2/9/2024: Financial Friday HR Basics – Livestream - David Moore
• 2/14-18/2024: President's Trip | Get Your Defense with Some Shrimp & Grits –Charleston - Tip Hargrove, David Moore, and John Convery
• 2/29-3/1/2023: Start to End – Houston - Nicole DeBorde Hochglaube, Annie Scott, Paul Tu
Total Trained for TCDLA: 1,074 | Total CLE: 125, including 11.25 ethics
It was announced that the FY25 CDLP Chair is Paul Tu, and Patty Tress will be Vice Chair.
MOTION: Minutes – December 2, 2023
Motion to approve the minutes from December 2, 2023, with Member’s Trip date corrections, TCDLA Board Meeting held in Round Rock, made by David Guinn, seconded by Jeep Darnell - motion carries.
Recognition of Fallen Heroes and Heroines, John Hunter Smith
Tim Evans (Fort Worth), Rachel Etheridge (Lubbock), a moment of silence was had
TCDLEI Chair Comments, Kyle Therrian
John recognized TCDLEI Chair Kyle Therrian. Kyle recognizes Fred Stangl as a new Associate Fellow. If you are wanting to donate $750 instead of writing an article, contact Kyle on cell phone. Sam Bassett presents the Charles Butts Memorial Recipient, Kiara Vaughters, with a scholarship award.
• Staff Anniversaries, we congratulate some very special staff who are key to our success. Rick, Curriculum/Staff Attorney, starts his 13th year, Mari Flores, CFO, starts her 12th year, and I start my 19th year, and I still love my job! A round of applause was given.
• Board Report Cards – everyone has a report card handed to you when you check in; if anything is incorrect, update and return it to staff. We will give you a copy at each board meeting. The Nominations Committee will use these to renew positions.
• Annual Report: We are on target and have met goals for the third quarter. Details are in the board packet, and we send weekly emails with highlights.
• Seminar Report – we continue to have more and more competition for seminars.
• Membership Report – We are at 3,722; last year, at this time, we were at 3,768. 71% of members were on auto-renew. In 2023, we did not renew 583 members, and the year before, it was 373; this number continues to increase. Board comps given were 31/92, which is eight more than last year. Also, we need members from districts 2,7,11, and 14 on the membership committee. If interested, let Melissa know. We will be working on each one reach one drive goal from the Strategic Plan – Revitalizing the Organization. We will provide more information at a later date. Career Pathways went well - we got new members and were successful.
• Write-Offs Report – none at this time.
• Declaration Reading, July 3, 2024 – Chuck Lanehart, Robb Fickman, and Phil Ricker will be sending out notices, again this reading is optional and a lot of fun; if you opt-out we have a second option.
• Constitution Day, September 17, 2024 – Grant Scheiner is working with staff to coordinate. We are looking for board members to be coordinators in each county. We will send an email.
• Staff Update – Alicia Thomas had her leap- year baby, Emerson Jane.
Capital Assistance, Rick Wardroup
• Capital Assistance – We have a Capital Mitigation program in August. We will rotate Capital with Dallas and the Valley.
• Publication Report and Sales – Board Specialization and Study Group exams. We are offering free cheat sheets for anyone who purchased code books for any new laws
that passed in the 3rd and 4th special sessions. The app and electronic version will be automatically updated.
• Publication on App – Our current app providers are working with our database providers on coding to link everything together; when this is complete, you will be able to access publications when purchased. Rick will start updating live, and then we will start customizing to add some additional features that we have been working on with the Technology committee. For the future, new cases and updates will be updated in real time.
Strategic Plan Updates – We completed the second quarter. Each staff lead reported on the four initiatives' 2nd quarter goals and accomplishments
Budget Report, Sarah Roland
• FY24 Budget – Sarah gave a FY24 budget update as of January.
• FY23 Audit – We had a clean audit, and the report is in your packets. Mari Flores, Cristina Abascal, and Miriam Duarte do an outstanding job of maintaining accurate and clean data. We need a motion to approve the audit. Sarah expressed her gratitude to all who volunteer for this organization, which makes TCDLA successful.
MOTION: Approve FY23 TCDLA Audit
Motion to approve the FY23 TCDLA Audit, made by Nicole DeBorde Hochglaube, seconded by Sarah Roland - motion carries.
Voice for the Defense, Sarah Roland
Assistant Editors – Sarah Roland, Clay Steadman, Amanda Hernandez, Jeremy Rosenthal, John Gilmore, III, and Anne Burnham. The articles we are getting are great.
Board Member Responsibility includes two Voice Articles – A reminder was given on board responsibility to write an article for the Voice, or you can opt out by contributing $750 each term. A report in the board packet states that if you have met the commitment, this information can also be found on your individual report card.
37th Annual Rusty Duncan Advanced Criminal Law Course, Jeremy Rosenthal and Monique Sparks
Course Directors: Bobby Mims, Jeremy Rosenthal, Monique Sparks, and Clay Steadman
Date: June 13-15, 2024, Hyatt Regency, San Antonio, TX.
Hotel reservation deadline: May 21, 2024
Please sign up – our paid numbers are up from the last report. It has a military theme. On Saturday, we have great topics and speakers. There are posters for you to take with you. Capital Training and Mental Health and PD training will be held on that Wednesday. Travel stipends are available.
Awards dinner followed by membership party. John encourages everyone to attend and hear about our heroes going into the Hall of Fame. Order your T-shirt, which you can wear for the Awards dinner and membership party.
Members' Retreat, TCDLA/CDLP/TCDLEI Orientation, David Guinn
Mark your calendars for the Members’ Retreat in South Padre Island! David encouraged everyone to come. Let Melissa know if you are interested in brushing up on your speaker skills or know someone who wants to start speaking. The Trainer of Trainers is for veteran speakers and new speakers. If you are interested in fishing, let David know, and he will get you his contact information.
Members’ Retreat with President-Elect David Guinn, July 10-13, 2024
Trainer of Trainers, July 10, 2024
Riding for the Defense, July 11-12, 2024
TCDLA, CDLP, and TCDLEI Orientation, July 13, 2024
Committee Reports:
Strike Force, Nicole Deborde Hochglaube
Bobby Mims, Russell Russwurm, and Joseph Connors won on the ruling reported at the last board meeting. There was lots of work with motions, drafting, and mitigation. Nicole stated what great work was done, and a giant round of applause was given. Strike Force is working on another case. Members are grateful for Strike Force and what TCDLA does.
Women’s Caucus, Betty Blackwell
On Thursday, Rusty will have a women’s caucus luncheon with roundtable discussions. If you are female, please come for comradery.
Diversity, Justice and Inclusion, Ted Wenske
The seminar is on April 11th in Austin – Navigating a Changing World. Last year, we had a great CLE with great speakers. We expect the same this year. Travel stipends are available. Melissa said you can sign up complimentary to the seminar; if interested, let her know.
New Lawyers, Patty Tress
We have upcoming CLE’s: 3/27 - Effective Assistance and 5/15 - Different Types of Clients. If you know someone new, have them sign up. 8/1 is our big New Lawyer CLE in conjunction with Innocence; we have stipends available.
Membership, Dustin Nimz
Our numbers have been stagnant, and we continue to have trouble with retention. If you can contact anyone you know from the list you get from lapsed members, that would help. We are looking for district leaders to contact everyone who needs to be reached out. Autorenew has been helpful. We need members to join the membership committee. Two social events: Spurs game April 7th in SA - $35 tickets, and Texas Rangers on May 18th - $53 tickets.
Amicus, Kyle
We adopted a new font. The committee helps make laws and helps members. If you have a case, email Melissa and me. Call Kyle if you have an issue as well.
Juvenile Justice, Kameron Johnson
We have Juvenile website tools, worksheets, and cheat sheets. We have an April 12th juvenile seminar in Austin. We are looking at doing an SDR article regarding Juveniles. For the juvenile specialization exam, we are looking to see if we can help with study groups.
47th Tim Evans Texas Criminal Trial College, Lance Evans March 17-22, 2024, at Sam Houston State University. We are full, but if someone is interested, let Kerri know there may be room. John acknowledged Lance, Kerri, and Melissa, who have worked hard to put this together.
Old and New Business
President’s Closing Announcements, John Hunter Smith I hope to see everyone at Rusty! If you haven’t already, remember to sign up. Rooms are going fast.
Next Meeting: Saturday, June 15, 2024 Hyatt Regency Riverwalk 123 Losoya St. San Antonio, TX 78205 (210) 222-1234 | Hotel Cutoff: May 21, 2024
MOTION: Adjourn Meeting
David Guinn made the motion to adjourn at 10:58 a.m., seconded by Nicole Deborde Hochglaube. The motion carries.
Study Outline for Board Specialization Exam in Criminal Law, updated by Susan E. Anderson (currently at the printer)
Titles Currently Available
ALR/Occupational License Manual, updated by Stephen Hamilton and Kayla McCaffity
Basics of Immigration, updated by Zelda Vasquez
Texas Annotated Criminal Codebooks, updated Rick Wardroup
Appellate Manual updated by Rick Wardroup
Chapter 42A Community Supervision, ready for sale Rick Wardroup
Trial Notebook: ready for sale Philip Wischkaemper and Rick Wardroup
Cheat Sheets 1, 2, 3, 4, 5, 6, 9, 12, 13 updated by Rick Wardroup
Cheat sheet 7, updated by Adam Kobs
Cheat sheet 8, updated by Mark Theissen
Cheat sheets 10 and 11 updated by Charles Blevins
Cheat sheet 14 updated by David O’Neil
Sexual Assault Pamphlet updated by Rick Wardroup
Legislative Update Checklist updated by Shae Place and David Gonzales
Mental Health Pamphlets (Ch. 55) & (Ch. 46b & Ch. 46c), updated by Chris Lopez
Texas Traffic Laws, 2021-2022 being updated by Rick Wardroup
Search and Seizure, 2021-2022 updated by Rick Wardroup (delivered to Alicia for preparation of proof)
Texas Punishment being updated by Rick Wardroup
Potential Publications
• Forensics Manual
• Losch Capital Defense Manual
• Juvenile Litigation – with Kameron Johnson
• DWI Notebook with Tyler Flood
CLE Hours Approved by State
FY23-24 September 9/1/2023 - 8/31/2024
CDLP REPORT 2/16/2024 - 5/15/2024 Date Run 5/13/2024
Staff
Chief Executive Officer – Melissa Schank
Chief Financial Officer – Mari Flores
Curriculum Director/Staff Attorney – Rick Wardroup
Database Director - Miriam Duarte
Director of CLE – Grace Works
Communications Director – Alicia Thomas
Executive Assistant – Keri Steen
Accountant - Cristina Abascal
CLE Coordinator – Meredith Pelt
Media Specialist – Sonny Martinez
Registrar – Kierra Preston
Seminar Associate – Jessica Steen
Service Associate - Jayla Davis
Program Associate – Ashley Ybarra
Seminar Clerks – Lucas Seiferman, Dajon White, Mary Crosby, Anastasia Chapa
Cash Receipts
1. Incoming mail is opened by the executive assistant or seminar clerks They date stamp the check and supporting documents. Attaches the check to the document and writes on the check what it is for. Also writes the check number and dollar amount on the supporting document. All incoming mail is entered into the mail log (an excel spreadsheet).
2. Checks and supporting documents are then placed in the folder in the CEO’s office. There is a separate folder for checks vs. credit card payments.
3. Credit Card transactions can be done in 2 ways. Either online by the individual entering the information themselves or by the individual providing the required information to a TCDLA staff member who will then enter it into IMIS.
4. The CEO then distributes the contents of the 2 folders to various seminar clerks, database coordinator, seminar planner to process the payments. The staff enters the information into IMIS. The batch report is then generated. The batch report, with checks/supporting documents attached, is then initialed by the person who entered the batch and given to the database coordinator to verify the batch. Once batch is determined to be OK, the 2nd person then initials the batch report. If an error is discovered, it is returned for correction.
5. All credit card transactions are processed through Imis. A batch is generated and the other procedures remain the same. Imis automatically processes the credit card information and the funds are directly deposited into the Well Fargo Merchant Account. This account is reconciled monthly by CFO.
6. Once batch is signed off on, it is scanned by the staff and given to the accountant.
7. The accountant then logs into the remote deposit system through First Financial Bank.
8. The accountant then removes the checks from their supporting documents, runs through the remote deposit machine; the verification report is printed and then stamps them with the “Electronically Processed” bank stamp.
9. The verification report is attached to the batch (including the checks) and placed in a folder waiting to be entered into Quickbooks.
10. In QuickBooks, the accountant uses the Make Deposits function under banking to enter the deposit. The Batch # and Deposit Date are used to identify the deposit in QuickBooks.
11. Once entered into QuickBooks, the report is stamped “Entered” and the entire package is filed in the deposit folders in a locked file cabinet.
Cash Disbursements
1. Cash disbursements are issued by a check or bank ACH.
2. All checks are to be signed by 2 authorized signers. However, checks under $1,000 may occasionally be released with only 1 signature, depending on the situation.
3. All invoices are given to accountant for coding and distribution for approval. CEO (departments, board, committee’s expenses) CFO (monthly reoccurring expenses) reviews the invoices and codes, sign off as approved and return to accountant to cut checks.
4. The accounts payable function is not used, we are on a cash basis.
5. Accountant then uses the Write Checks function to enter and print checks.
6. Printed checks are then given to the CFO to verify and initial all supporting documents. Then checks are given to the first signer (usually CEO). CEO signs all checks and initials all supporting documents indicating approval. The checks are returned to the accountant to then obtain the second signature. The second signer signs all checks and supporting documents indicating his/her approval.
7. Once signed, the checks are returned to accountant for mailing. One of the check stubs is attached to the supporting documents and the checks are then filed in the paid bills files.
Bank Reconciliation
1. When bank statements are received in the mail, they are given by person opening mail to accounts payable specialist to have an authorized signor open the statement. The opened statement is then returned to accounts payable specialist, who forwards them to CFO for filing.
2. CFO prints the monthly statements from the First Financial website and Wells Fargo website and reconciles all bank accounts each month and files in appropriate folder.
Billing – Membership Dues
1. Database Director runs a report from IMIS which indicates the renewals for each month.
2. An e-mail is then sent to the member (3 months in advance) notifying them that they need to renew and indicating the current expiration date. If they have not renewed within a week of expiration, a paper invoice is mailed out.
3. Subsequent to the expiration date, a post card is mailed out letting members know that their membership has expired.
Payroll
1. All employees are on Direct Deposit
2. Upon hire, the direct deposit form is completed by the new employee and submitted to Payroll. Accountant will then set up the new employee for direct deposit through the bank website.
3. Weekly timesheets run from Wednesday through Tuesday. All employees are required to submit a weekly timesheet approved by supervisor.
4. Timesheets for hourly employees are used to determine the hours to be paid on each pay day.
5. Timesheets for employees that are not paid for overtime are used to determine that the employee has a total of 40 hours on the timesheet through a combination of paid time off, holiday hours or comp time.
6. Pay day is the 15th and last day of each month. If pay day falls on a weekend or holiday, then pay day is the last business day proceeding the non-working day.
7. Pay stubs are handed out by accounts payable specialist on pay day.
8. Accountant prepares the payroll by entering the hours to be paid for the hourly staff and processing the semi monthly pay for the salaried staff. She then prints a Payroll Summary and submits the Payroll Summary and all timesheets to CFO, for review. If any errors are noted, the package is returned to accounts payable specialist for corrections. If OK, CFO will stamp Approved and initial off.
9. Accountant then uploads the net pay for each employee through the bank website. She prints out a verification form.
10. The verification form shows net amount of the uploaded payroll. This form is then signed off by the CEO and then faxed by accounts payable specialist to First Financial Bank. The bank will not process the direct deposit with out receiving this fax.
11. Accounts payable specialist transfers the payroll taxes using the on-line system within 3 business days of pay day. The confirmation is filed in the 941 file for the related period.
12. Employee 401K contributions are remitted via check.
Property, Plant and Equipment
1. The list of fixed assets includes the item description, cost, date purchased and accumulated depreciation)
2. Items with a useful live of over 1 year and greater than $1,000 will be capitalized and depreciated over the appropriate life based on GAAP.
3. Items will be removed from the fixed asset list when determined that the item is no longer being used or no longer owned.
Reporting
1. A copy of the P&L Summary, Balance Sheet and Budget Comparison are provided to the CEO and board each month
2. Financial statements are included in the quarterly board packages.
3. CFO reviews the W-2’s & 1099 prior to mailing.
4. The first of each month, a copy of the QuickBooks file for each grant is provided to the Court of Criminal Appeals as well as a report on expenses at the end of the each month in comparison to budget.
Sales of Publications
1. Seminar clerks pack the publications based on the prior sales of this event the previous year. The seminar clerk prepares the order form and edits the city tax for the venue city. The publications are boxed and labeled to ship with the seminar materials three to five days prior to the event.
2. All items to be shipped are labeled TCDLA. A freight company (Team Air) picks up the materials and places them on a pallet onsite and shrink wraps the pallets. The materials are delivered to venue. If this is a small event the boxes are sent with two seminar staff that drive.
3. Any venue that has a loading dock does not unwrap the shrink wrap. Two staff are normally sent to an event. When the staff arrive the day prior they will unwrap pallet. If the venue unwraps the shrink wrap the boxes are placed in storage until staff arrives.
4. The staff then unpacks publications displays and place on a display shelf. The remaining publications are left in boxes behind registration. Displays are covered with hotel table cloths daily.
5. When a sale is made, the staff person completes the order form with the attendees, name, and address, bar number and specific item and quantity sold. The staff person totals the form including adding proper tax then accepts payment.
6. Three types of payments are accepted: credit card, check and cash. If payment is made with credit the number and expiration date is written down. If the payment is made with check the box on the form paid with check is marked and the check number is written down and the check is stapled to the form. If paid with cash"CASH" is written largely on the form, the amount collected by cash is circled. The cash is placed in a preprinted cash envelope in the payment tray behind registration. All forms are placed in the payment tray behind registration.
7. At the end of each day the cash envelope is counted by the two staff. The following are completed on the preprinted envelope: event name, date, total, staff initials and amount of the funds. The envelope is then stapled several times and remains stapled until turned into home office. A new envelope is collected each day.
8. The envelope and forms are given to the CEO; if she is not present it will go in order of staff seniority. The envelopes and forms are then taken to the office.
9. At the end of the seminar the items are repacked, hotel staff places in a holding room until the freight company picks up. The freight company picks up and returns to the home office. The items are unpacked by seminar clerks and replaced on the shelves.
10. When the forms and cash return to the office they are brought to the CEO. The CEO then calls the CFO or the accounts payable specialist. Together the cash envelopes are opened. The cash is counted and verified.
11. The forms are then separated between: seminar, membership, publications and merchandise. A cash intake form is completed for each. The CEO and CFO or accounts payable specialist verify the cash and forms match. Any over or under is documented on the cash intake form.
12. The cash intake forms are then copied. The original goes to accounting to use to reconcile when batch is turned in and match with deposit. The copy of the cash intake form is attached to the corresponding forms and used to process as a batch by seminar clerks. Batch process above is performed.
13. The cash is then prepared for deposit by the accountant and given to the CEO. The CEO deposits at bank and returns deposit slip to the accountant. In the event the CEO is not available the cash is locked in the safe until she returns.
Position: Chief Executive Officer (CEO)
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Supervised by: President of TCDLA
Job Summary: Serves as the Chief Operating Officer, plans, organizes, coordinates, controls and directs the staff, programs and activities of TCDLA (the Association), TCDLEI (the Institute) and CDLP (the Project) under the direction of the Board of TCDLA, TCDLEI and CDLP.
Reporting Relationships:
The Chief Executive Officer reports directly to the Boards of TCDLA and TCDLEI through the President of TCDLA, Chairperson of TCDLEI, and Chairperson of CDLP. The Chief Executive Officer recommends, participates in Board formation of the Organization’s mission, goals, objectives and related policies. Has regular contact with the elected officers and the Board of Directors and its committees on policy matters and other issues as appropriate. All staff, paid and volunteer, reports to the Chief Executive Officer. The Chief Executive Officer reflects exclusively the views and agenda of TCDLA, TCDLEI and CDLP to the general public. The Chief Executive Officer maintains a public image, which is not detrimental to the views, agenda and goals of TCDLA, TCDLEI and CDLP.
Primary Responsibilities:
1. Implements the instructions and polices of the Board of TCDLA, CDLP and TCDLEI;
2. Manages the day-to-day operations which included financial and budget activities and other operations or programmatic activities.
3. Assist the Board in the formation and development and implementation of policy and business planning for the Association, the Project and the Institute.
4. Ensures organization adheres to goals, objectives, and strategies. Identifying and managing strategic risks.
5. Reviews and analyzes organizations operations to evaluate the performance and to identify areas of potential program modifications or improvement.
6. Oversees the Chief Financial Officer in the fiscal administration of the office.
7. Oversees and directs reports and studies.
8. Works with the Chief Financial Officer and the Treasurer in the setting of the budget.
9. Oversees the Curriculum Director/Staff Attorney in the publication of educational material and curriculum for CDLP programs.
10. Oversees the Curriculum Director/Staff Attorney in the compilation of legal resource materials.
11. Serves as liaison with legislative lobbyists and committee and implements and updates constituents of legislative changes.
12. Serves as liaison for the Association to other defender associations, state agencies and the media.
13. Establishes and oversees the human resources function for the office.
14. Establishes the organizational structure for the office and related staffing structure.
15. Establishes and oversees administrative policies and procedures for office functions.
16. Manages the finances of the organization, including the preparation of an annual budget and long-range forecast of needs.
17. Represents the Association in contract negotiations.
18. Provides leadership in the office and works with the staff to promote creativity, productivity and good morale.
19. 20% travel is required for the position.
20. Performs other related duties as assigned
Education: Master’s Degree
Position: Chief Financial Officer (CFO)
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Exempt
Supervised by: Chief Executive Officer
Job Summary: Directs the financial affairs of the organization and prepares financial analyses of operations, including interim and final financial statements with supporting schedules, for the guidance of management. Establishes, interprets and analyzes complex accounting records of financial statements. These may include general accounting, costing or budget data. Relies on experience and judgment to plan and accomplish goals. The position involves supervision over general accounting, property accounting, internal auditing, cost accounting, and budgetary controls. Oversees all work performed by the Accountant and Accounting Clerk positions. Work closely with the seminar, publication, technology, membership and communication departments. Utilize sound judgment in all financial matters.
Primary Responsibilities:
1. Develop and maintain policies and procedures in order to strengthen the internal control environment, establish best accounting practices to ensure accurate and reliable data necessary for business operations;
2. Directs and oversees the following accounting functions: monthly/annual audits, payroll, accounts receivable, accounts payable, budgeting, completion of ledger accounts, financial statements, and cost accounting for the Association, Grant/Project and Educational Institute;
3. Improve and maintain the integrity of the Association's financial accounting information;
4. Responsible for organizing, coordinating, and preparing budgetary activities
5. Responsible for preparation of operating budgets for the Association, Grant/Project and Educational Institute
6. Responsible for developing and evaluating budgetary performance
7. Analyzes expenditure patterns and reports to management as necessary
8. Informs management of budget deviations and problems with explanations of causes
9. Oversees third-party financial reviews, including the accumulation of data, financial modeling, reporting and responses. Prepare correspondence and reporting requirements to external auditors to ensure accuracy and completion of audit in a timely manner;
10. Responsible for the timely preparation and submittal of all financial statements and reports as required by the Association, Grant/Project and Educational Institute, including the monthly accounts, annual budgets, account reconciliation, and quarterly Board of Directors reporting;
11. Supporting management with ongoing financial information by examining, analyzing and interpreting accounting records;
12. Perform monthly bank reconciliations;
13. Prepares quarterly and yearly tax reporting including, but not limited to, payroll, sales tax, and information returns;
14. Developing and maintaining strong relationships with internal departments;
15. Must thoroughly understand and ensure compliance with all accounting/finance related CCA Grant conditions;
16. Manage the recording of and summarize financial transactions and produce accurate and complete financial reports as specified by the CCA Grant Conditions;
17. Responsible for the organization and management of supporting documentation for all grant-related transactions; and ensures accuracy of State and Federal reports for Grant compliance;
18. Works with the Auditor of the Court of Criminal Appeals, the Chair of the Project and the Chief Executive Officer on all grant-related issues
19. Performs other related duties as assigned;
20. 20% travel is required for this position.
Qualification Standards - Required Knowledge, Skills and Abilities:
Possess excellent management skills, interpersonal skills, communication skills and leadership skills.
Must have significant experience in a broad range of accounting activities with a sound foundation in accounting concepts, practices, procedures and principles and have the ability to analyze and understand complex financial data and reference materials.
Excellent- High level of proficiency using QuickBooks Pro and spreadsheet programs such as Microsoft Excel.
Advanced knowledge of other high-end computer financial/payroll software and statewide, non-profit association operations and/or membership database programs for accounting and record keeping purpose a plus.
Necessary Special Requirements:
Ability to exercise tact and discretion.
Education and Experience:
The ideal candidate will have.
BS in accounting is required; Master’s degree preferred.
Management experience preferred.
10 years in accounting and grant writing, preferably with a state or non-profit association.
Public sector grant experience.
Position: Curriculum Director/Staff Attorney
Location: 915 Texas Ave., Lubbock, TX 79401
Status: Exempt
Supervised by: Chief Executive Officer
Job Summary: Develop a comprehensive curriculum legal education including capital training program, to work with existing agencies, programs, judges, investigators, and national experts to identify the components of a comprehensive criminal defense attorneys and capital training program, provide technical assistance, and provide easily accessible reference materials for criminal defense attorneys and capital defenders.
Primary Responsibilities:
1. Development of a yearly substantive 2-day capital seminar designed to provide the capital trial litigator with the latest updates in the law as well as the latest defense and mitigation techniques. This program should also include an update on the available reference materials and resources available both in the TCDLA office and on the TCDLA website.
2. Develop or assist in the development of or participation in a yearly (minimum 5 day) trial advocacy seminar designed to assist capital trial lawyers develop and hone the courtroom skills needed to defend clients facing the death penalty. This effort may be a Project program or may be in conjunction with other agencies such as the Center for American and International Law and/or Texas Defender Service.
3. Development of or participation in a seminar that focuses on post-conviction habeas representation.
4. The program should emphasize not only the litigation of "record" issues in post-conviction proceedings but also the "extra-record" issues and the investigation and development of those issues. This effort may be a Project program or may be in conjunction with other agencies such as the National Institute for Trail Advocacy (NITA) or Texas Defender Service.
5. Develop or assist in the development of other training programs designed to assist the capital litigator. These would include programs such as the Annual Forensics seminar, the Annual Capital Issues Seminar held yearly as a capital “community building” project, mental health seminar or any other seminar that might assist an attorney litigating capital case.
6. Development of quality written training and resource materials for Capital Litigators. This includes compiling briefs, motions, lists of experts, and testimony of expe1t witnesses from previous trials, sample habeas claims and appellate briefs. This element should also include providing links on the TCDLA website for capital resources that may be available on the web. This element includes publishing ten Capital Litigation Updates per year that include both state and federal case law of particular interest to the Capital Litigator. This update will include at least one "Motion of the Month" or article relevant to capital litigation.
7. Maintain close relationships with litigators in the field to both assist them in their cases and to stay abreast of the new issues that are from time to time faced and assist them in creating solutions for those problems
8. Attend a variety of national training seminars to stay abreast of national trends in capital litigation and bring new and different concepts and ideas back to Texas attorneys in the field.
9. Coordinate training programs with the Assistant Chief Executive Officer and her assistants to ensure that the necessary programs are scheduled and that there are no conflicts with other TCDLA Programs.
10. Work with the Law Clerks to insure quality materials are available to the members who handle capital cases. Curriculum Director/Staff Attorney assumes responsibility for supervision of Law Clerks in the development of materials and any technical assistance issues.
11. Work and coordinate with the Network Specialist to insure the available materials and resources are accessible on the Internet website in a user-friendly format.
12. Perform other related duties as assigned.
13. 15% travel is required for the position.
Qualification Standards:
Knowledge Skills Abilities: Extensive knowledge of the capital litigation process including all current legislation and case law relevant to capital litigation.
Ability to develop training programs for capital litigators including the ability to personally present topics.
Ability to draft and edit motions, briefs and other pleadings.
Ability to use independent judgment.
Knowledge of computer applications to include Microsoft Outlook, Word, Excel, Word Perfect 9, Association I Database software.
Education: Graduation from an accredited school of law.
Necessary Special Requirements:
Admission to the Texas State Bar and ten years of successful and responsible experience in the practice of law. Additionally, applicant must
1) have been on the list of attorneys approved by the local selection committee of the administrative judicial region in which he or she resides for appointment in death penalty cases as provided in Article 26.052 of the Texas Code of Criminal Procedure;
2) have tried to verdict at least 15 felony jury trials as lead counsel;
3) have tried to verdict at least 2 death penalty cases as first or second chair defense counsel; and
4) have litigated as first or second chair defense counsel at least 2 post-conviction writs of habeas corpus.
Job Description
Position: Database Director
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Exempt
Supervised by: Chief Executive Officer
Job Summary: Responsible for management, departments, and the accuracy of all database and financial information, technical reports, and website.
Job Duties:
1. Manage all aspects of the association database, including reports, review of data entry for accuracy, and exporting.
2. Maintain data standards, authentication and access control systems, security, and PCI compliance
3. Provides technical advice and status reports to management
4. Prepares and updates procedures for all technical aspects
5. Assist with the installation of database software and all other computer software updates for all staff and seminar computers/laptops
6. Assist with the design and maintenance of database structures.
7. Assist with establishing and implementing database security controls and user access levels
8. Provide technical assistance and support for troubleshooting system software and hardware problems, performing system reviews.
9. Manages database payment system, enters credit cards and bank information in IMIS database for ACH processing
10. Create website coding and update the website
11. Create and run technical reports for checks and balances and CCA requirements or other requests
12. Research and resolve website, registration, and other data-related issues.
13. Assist with the development and implementation of strategies for membership recruitment, retention, and benefits.
14. Set up/maintain database, email-groups for seminar coordinating meetings and committees.
15. Oversee and train for electronic communications, event confirmations, and notices
16. Train all staff on databases, processes, procedures, and duties for all part-time and non-exempt staff.
17. Maintain transaction batches through the IMIS database
18. Create and run reports using the IMIS database and Crystal Reports
19. Assist with organizing board meetings, including reports, packets, agendas, and notifications
20. Coordinate with appropriate staff and TCDLEI members for all related items, including donations, merchandise, and marketing
21. Perform other related duties as assigned by the Chief Executive Officer.
22. 25% travel required.
Abilities:
Qualifications
• Ability to effectively manage database, communicate with staff, and membership
• Organizational skills, including demonstrated attention to detail, ability to work independently, ability to take initiative and be a self-starter, ability to efficiently schedule time and activities, ability to maintain effectiveness in varying environments and with varying tasks, responsibilities or people, excellent oral
and written communication skills.
• Display ability to make decisions, exercise tact and discretion.
Experience:
Two to four years’ experience in database management, preferably with non-profit. Hands-on experience with nonprofit or membership association.
Computer Applications:
• Knowledge of iMIS or similar association database software,
• Crystal and IQA Reports
• Microsoft Office (Outlook, Word, Excel)
Education: Bachelor’s degree or educational equivalent, prefer some upper-level education courses
Hours: 8 AM-5:00 PM Monday-Friday, after-hours and weekend work may be required.
I, the undersigned, acknowledge receipt of a copy of the above job description. By affixing my signature here to I certify I have read, had the opportunity to discuss, and understand this document.
Signature Date
Supervisor Date
Position: Director of CLE
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Exempt
Supervised by: Chief Executive Officer
Job Summary: Performs moderately complex consultative and technical assistance work related to seminar/event planning and will be the department representation in the absence of the CEO.
Primary Responsibilities:
1. Serves as point of contact for speakers/boards for travel needs and presentation materials including power points and papers and all correspondence to speakers including confirmation and thank you letters to speakers
2. Develops seminar materials for attendee book, USB or link;
3. Works with communication department for artwork for blast emails and fax, and marketing artwork and communication
4. Assists with registration forms and agenda preparation
5. Assists Chief Executive Officer with BEO’s and AV arrangements for venues
6. Places speaker power points on seminar laptop and reviews each is presentation is running properly prior to seminar, collects onsite papers and distribute after event
7. Attends selected seminars and assists with all on-site needs and registration, to include a/v, sale of publications, merchandising & membership;
8. Collects CLE cards, evaluations and sign-in sheets, publication/merchandise and counts money with second staff member from seminar on site
9. Ensures balances for registrants, exhibitors and other seminar related items are invoiced monthly
10. Ensures copies of sign-sheets, evaluations and 30-day reports are sent to the court of criminals appeals timely
11. Sets up meeting and pricing in iMIS and other seminar related information into database for each event, online meetings, applies for cle credit
12. Coordinates training and educational programs, services, and activities
13. Communicates and works closely with the CEO to be up to date with all seminar related activities
14. Compiles data and prepares reports
15. Collaborates with staff to determine trends, marketing needs, and technical issues
16. Assists in the collection, organization, analysis, and/or preparation of materials in response to requests for program information and reports.
17. Assists in preparing program budgets
18. May train others and may supervise the work of others.
19. Performs other related duties as assigned;
20. 40% travel is required for this position.
Qualifications
Abilities:
Dynamic and ability to communicate and interact effectively with membership while exercising tact and discretion/maintain confidentiality.
Required: One year of association office experience with emphasis on meetings and events, hotel/conference room set-up, and food and beverage negotiations. Ability to exercise tact and discretion. Extensive knowledge of computer applications to include Microsoft Outlook, Word, Excel, Word Perfect 9, Association/Database software.
Education: Bachelor’s degree, prefer some upper level education courses.
Job Description
Position: Graphic Designer & Communications Director
Location: 6808 Hill Meadow Dr. Austin, TX 78736
Status: Exempt
Supervised by: Chief Executive Officer
Job Summary: Determines and implements design parameters, style guides, and visual standards for media. Responsible for concept, design, and production of all association communications, including, multipage publications (Voice for the Defense), brochures, postcards, posters, invitations, forms, educational/seminar manuals, legal publications, membership directory, signage and specialty advertising; communication planning and direction with management team; management of print vendors (bids, coordination, proofs, and press checks); development of multiple project timelines simultaneously; editing and proofing all media materials. Will assist with webmaster duties as able
Primary Responsibilities:
1. Voice for the Defense magazine - Designs graphic art, concept, design, layout, and production of the magazine with editors and staff for print and online issues, which is published 10 times a year. Edit and proof articles, working closely with the magazine editor, feature articles editor, and Chief Executive Officer.
2. Solicit potential advertisers for the Voice for the Defense, working with Chief Executive Officer on media kits.
3. Act as editor and proofreader for all printed materials and correspondence ensuring consistency and accuracy while abiding by association-branding standards.
4. Design artwork and concept of all media- related materials for all conferences, and membership marketing projects
5. Designs, edits, proofs and produces all publications after each legislative session, grant projects and annual membership directory
6. Coordinate with management and department staff, on project deadlines, promotion of seminars and timely distribution of all marketing materials.
7. Active role with social media, website, and listservs.
8. Write and distribute press releases and coordinate press conferences, as needed.
9. Manage server backups.
10. Performs other duties as assigned.
11. 25% travel required for this position.
Qualification Standards Required Knowledge, Skills, and Abilities:
• Knowledge of and experience with professional and other non profit organizations .
• Organizational skills, including demonstrated attention to detail; willingness to take initiative, be a selfstarter; ability to efficiently schedule time and activities; proficiency in maintaining effectiveness in varying environments and with varying tasks, responsibilities, or people; excellent oral and written communication skills.
• Capable of exercising tact and discretion.
Computer Applications:
Extensive knowledge of MAC computer applications to include the Creative Cloud Suite (InDesign, Photoshop, Illustrator), Microsoft Word, Outlook, Excel, along with an ability to learn new software applications. May be called on to learn audio/audiovisual programs to produce multimedia content.
Education: College degree required. Three to five years of successful communication background, internships,
or similar experiences
Hours: 8:00 AM - 5:00 PM Monday-Friday, or as needed.
I, the undersigned, acknowledge receipt of a copy of the above job description. By affixing my signature here to I certify I have read, had the opportunity to discuss, and understand this document.
Job Summary: Serves as developer, editor, and coordinator for instructional technology programs including the website, online learning center, social media, and listserv;
Job Duties:
1. prepares instructional online educational units using current video tools and remote learner by incorporating audio and video to enhance learning;
2. coordinates and oversees “dry runs” or rehearsal sessions for speakers;
3. records speakers at seminars and edits these productions for use online;
4. manage recordings and storage
5. uploads videos onto website and ensures all materials are saved onto the server;
6. serves as the technical coordinator of the webinar series;
7. collects all speaker papers, PowerPoints, and biographies to organize into a Dropbox according to company procedures;
8. run report prior to event to ensure unique users and both registered in database and zoom
9. creates coded webpage for each event to house all videos, materials and forms to turn in for participants
10. creates and sets up email template to include dates, times and instructions to access virtual events
11. orders technical equipment and software to be up to date
12. set up event in Zoom, website and database – test all work including registration
13. oversees Zoom and oversees bridge software work together
14. oversees material software and any other related to event
15. provides reports, graphs, and visual aids including PowerPoint presentations
16. prepare certificates and/or CLE verification;
17. ensure data and materials are correct to comply with CCA reports and guidelines
18. review and enter CLE credit
19. coordinates with on-site audio/video specialist as to the technical requirements of the cameras and sound systems;
20. manages computer system, providing training to staff and constituents in software, as well as maintaining hardware;
21. performs other related duties as assigned;
22. 40% travel is required for this position.
Qualifications
Abilities:
Dynamic and ability to communicate and interact effectively with membership while exercising tact and discretion/maintain confidentiality.
Required: One year of association office experience with emphasis on media experience. Ability to exercise tact and discretion. Extensive knowledge of computer applications to include Microsoft Outlook, Word, Excel, Word Perfect 9, Association/Database software.
Education: Bachelor’s degree or experience equivalent.
Job Description
Position: CLE Coordinator
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Non Exempt
Supervised by: Chief Executive Officer
Job Summary: Provides assistance in all aspects of seminar/event planning
Primary Responsibilities:
1. Serves as point of contact for speakers/boards for travel needs and presentation materials including power points and papers and all correspondence to speakers including con firmation and thank you letters to speakers
2. Collects papers both in hard/electronic copy to produce seminar book, USB, work with communication department for artwork and marketing/brochures
3. Assists with registration forms and agenda preparation
4. Assists with BEO’s and AV arrangements for venues
5. Places speaker power points on seminar laptop and reviews each is presentation is running properly prior to seminar, collects onsite papers and distribute after event
6. Attends selected seminars and assists with all on-site needs and registration, to include a/v, sale of publications, merchandising & me mbership;
7. , publication/merchandise and counts money with second staff member from seminar on site
8. Ensures balances for registrants, exhibitors and other seminar related items are invoiced monthly
9. Ensures copies of sign-sheets, evaluations and 30-day reports are sent to the court of crimi nals appeal s timely
10. Sets up meeting and pricing in iMIS and other seminar related information into database for each event, online meetings, applies for cle credit
11. Pack and review packing for each seminar using pre and post seminar checklist including av and double checks all items are returned after each seminar, working with seminar clerks
12. Communicates and works closely with the Chief Executive Officer to be up to date with all seminar related activities
13. Create seminar app with materials, speaker bios, and evaluation
14. Prepare training presentations and provide training as needed
15. Meet with hotel contact on upcoming seminar, and seminar needs
16. Assists with preparing administrative reports to send to the CEO, and Course Directors
17. Performs other related duties as assigned;
18. 40% travel is required for this position.
Abilities:
Qualifications
Dynamic and ability to communicate and interact effectively with membership while exercising tact and discretion/maintain confidentiality
Required: One year of association office experience with emphasis on meetings and events, hotel/conference room set -up, and food and beverage negotiations. Ability to exercise tact and discretion. Extensive knowledge of computer applications to include Microsoft Outlook, Word, Excel, Word Perfect 9, Association/Database software.
Education: Bachelor’s degree or educational equivalent, prefer some upper level education courses.
Employee Name Signature
Supervisor Name Signature
Position: Registrar
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Non-Exempt
Supervised by: Chief Executive Officer
Job Summary: Manages website programs for the grant; registration portal and assistance with CLE
Primary Responsibilities:
1. Manages and updates website programs for grants
2. Manages the registration portal and the registration process
3. Assists in setting up meeting and pricing in iMIS and other seminar related information into database for each event, online meetings
4. Assist, review and enter CLE credit
5. Assists with creating and setting up email template to include dates, times and instructions to access website programs
6. Assists in preparing registration forms
7. Proof seminar evaluations, compiled evaluations, registration forms and agendas
8. Assists with adding agendas and registration forms to website
9. Print seminar badges/materials as needed
10. Assists with packing seminar packets
11. Assists with maintaining all seminar supplies in stock and ordered
12. Assists in ensuring balances for registrations and other seminar related items are invoiced monthly
13. Attends selected seminars and assists with all on-site needs and registration
14. Ensure data and materials are correct to comply with CCA reports and guidelines
15. performs other related duties as assigned;
16. 40% travel is required for this position.
Qualifications
Abilities:
Dynamic and ability to communicate and interact effectively with membership while exercising tact and discretion/maintain confidentiality.
Required: One year of office experience with emphasis on registration processes. Ability to exercise tact and discretion. Extensive knowledge of computer applications to include Microsoft Outlook, Word, Excel, Word Perfect 9, Association/Database software.
Education: Bachelor’s degree or experience equivalent.
Job Description
Position: Accountant
Location: 6808 Hill Meadow Dr. Austin, TX
Status: Non Exempt
Supervised by: Chief Financial Officer
Job Summary: Assists the Chief Financial Officer to ensure all financial transactions are conducted within the organization's accounting policy. Work involves maintaining, preparing, posting, and balancing accounting financial statements, records, documents, or reports. Specializes in Court of Criminal Appeals grant guidelines. All work is directed and overseen by the Chief Financial Officer
Job Duties:
1. Supports the Chief Financial Officer in ensuring financial compliance with the TCDLA, CDLP, Innocence, and Public Defender Grants;
2. Processes payroll, prepares technical reports on payroll estimates and cost data. Oversees accuracy of time paid on TCDLA/CCA timesheets and correct deductions and withholdings.
3. Audits batches from database, financial documents for accuracy and compliance with procedures/guidelines
4. Classifies, codes and posts, financial and accounting records
5. Ensures that all expenditures are coded correctly and percentages are split correctly amongst the different grants and TCDLA prior to entering into appropriate QuickBooks.
6. Reviews and contacts all grants’ speaker, public defenders and participants submitting travel reimbursements. Ensures that all travel reimbursements for speakers and participant reimbursements fall with in guidelines and caps imposed by the grants. Ensures all reimbursement forms for each event are updated with the correct hotel reimbursement on the GSA website and caps are updated depending on the location of the event and date.
7. Upholds communication with internal and external vendors;
8. Records and processes all accounts payable;
9. Enter credit card charges into QuickBooks;
10. Records credit card deposits into QuickBooks;
11. Organize and maintain filing system for all accounting hard copy records,
12. Consolidate and maintain all accounting electronic files;
13. Prepares and/or processes payments, reports, schedules, exhibits, travel, and related vouchers;
14. Prepares analysis of detailed seminar income/expenses, budget line balances and expenditures
15. Accounting processes, payments, prepares deposit slips, and maintains control records;
16. Conducts an annual inventory of equipment and property;
18. Researches and reconciles discrepancies in accounts, batches, and detailed event reports
19. Recommend improvements to accounting procedures
20. Perform other related duties as assigned.
21. 20% travel required; some occasional weekend work;
Qualifications
Abilities:
• Must possess excellent organizational skills, including demonstrated attention to detail, ability to understand and analyze financial data, ability to take initiative and be a self-starter, ability to efficiently schedule time and activities, ability to maintain effectiveness in varying environments and with varying tasks, responsibilities or people, excellent oral and written communication skills.
• Ability to exercise tact and discretion.
• Ability to work in a team environment.
Computer Applications:
• Extensive knowledge of QuickBooks Pro, Microsoft Outlook, Word, Excel, Word Perfect 11 or above.
• Knowledge of iMIS or other association database preferred.
Education: Bachelor’s degree in Accounting preferred, or 5-7 years solid AP experience. Familiarity with membership associations and/or ability to learn.
Hours: 8 AM-5:00 PM Monday-Friday, or as needed
I, the undersigned, acknowledge receipt of a copy of the above job description. By affixing my signature here to I certify I have read, had the opportunity to discuss, and understand this document.
Signature Date
Supervisor Date
Job Description
Position: Executive Assistant
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Non Exempt
Supervised by: Chief Executive Officer
Job Summary: Is responsible for initiating and coordinating the administrative support functions of the office.
Primary responsibilities:
1. All aspects for support to the Chief Executive Officer, communicate all business-related matters internally and externally to CEO and exercise confidentiality
2. Communicate, collects RSVPS, makes travel arrangements, and handles, website update, reminders, scheduling and confirmations for all board and committee meetings
3. Record keeping of motions and minutes for all board and committee meetings on server and website
4. Prepares board books/packets for board meetings, orientation packets, new hire packets
5. Attends board meetings (4 per year), takes attendance, takes minutes and transcribes them for next meeting.
6. Maintains files of board of directors, board meeting minutes, motions, human resources, conflict of interest
7. Oversees the zoom phone system, maintenance of the building, i.e., scheduling and reporting any issues to management and troubleshooting
9. Insures and orders adequate inventory of office supplies, maintain appropriate stock on hand
10. Opens mail, date stamps, logs into computer, and forwards to the appropriate staff
11. Provides back up support for the accounting, seminar and membership departments
12. Creates and maintains employee folders for record keeping, maintain confidentiality with employee records
13. Assists in researching, composing, and editing registration forms, other forms and reports
14. Work with online CLE classes in the form of mp3 and live webinars
15. Assists in researching technical issues
16. Serve as back up for answering phones
17. Oversee programs as assigned and Declaration Project
18. Performs other related duties as assigned by Chief Executive Officer
19. 25% travel is required for this position
Qualifications
Computer Applications:
• Type at least 45 wpm
• Extensive knowledge of word processing software to include Microsoft Office 2000 (MS Word, Outlook, Excel), Word Perfect 12
Experience:
• At least 4 years as secretary/receptionist and/or administrative assistant
Abilities:
• Organizational skills
• Demonstrated attention to detail
• Excellent oral and written communication skills Excellent customer service
• Exercise tact and discretion
• Take initiative and be a self-starter
• Efficiently schedule time and activities
• Maintain effectiveness in varying environments and with varying tasks, responsibilities, or people
Preferred:
• Knowledge of iMIS Association Database software
• Experience with professional and/or other non-profit organizations
Education: College graduate preferred. High School diploma or educational equivalent required.
Hours: 8:00 AM-5:00 PM Monday-Friday, or as needed. Some weekend work may be required
I, the undersigned, acknowledge receipt of a copy of the above job description. By affixing my signature here to I certify I have read, had the opportunity to discuss, and understand this document.
Signature Date
Supervisor Date
Position: Seminar Associate
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Non-Exempt
Supervised by: Chief Executive Officer
Job Summary: Aids in all aspects of seminar/event planning
Primary Responsibilities:
1. Assist with attendee and speaker travel, confirmations, and contacting speakers
2. Collects papers both in hard/electronic copy to produce seminar book and cd, work with communication department for artwork
3. Packs for seminars including packets, course director notebooks, supplies, AV, publications and merchandise while working with part-time staff
4. Places speaker power points on seminar laptop and reviews each is presentation is running properly prior to seminar
5. Maintain speaker paper, power point and bio database are up to date
6. Collects CLE cards, evaluations and sign-in sheets from seminar
7. Assist with scholarships and travel stipends
8. Assist with registration forms and agenda preparation
9. Import/export/merge data from iMIS
10. Maintain seminar files, speaker papers and bio database
11. Complete CDLP and TCDLA reports
12. Ensures that pre-seminar and post-seminar checklists are completed
13. Maintains all seminars supplies are stocked and ordered
14. Communicates and works closely with Program Coordinator and Chief Executive Officer to be up to date with all seminar related activities
15. Performs other duties as assigned
16. 40% travel is required for this position
Qualifications
Abilities:
Ability to exercise tact and discretion/maintain confidentiality
Ability to communicate well and get along with others
Computer Applications:
Knowledge of Microsoft Office 2000 (MS Word, Outlook, Excel), Word Perfect 12
Knowledge of iMIS or similar association database
Education: Graduation from high school. Some college preferred.
Job Description
Position: Services Associate
Location: 6808 Hill Meadow Drive, Austin Texas 78736
Status: Non-Exempt
Supervised by: Chief Executive Officer
Job Summary: Responsible for all aspects of publications and merchandise sales and processing, including marketing via mass email, entering and tracking order information using iMIS database, ordering reprints of publications from printer, interacting with members via phone/email regarding orders.
Primary Responsibilities:
1. Run inventory reports and prepare board reports and weekly counts
2. Mailing, marketing and ordering of updated publications and merchandise
3. Oversee publications and merchandise project management
4. Assist in the creation of online electronic publications, such as bookmarking and creating USBs and placing on app
5. Maintain publications and merchandise master folder on server and in database
6. Ensure commercials, social media and other outlets are marketing up to date items
7. Prepare and pack publications and merchandise for shipment to seminars; including displays
8. Overseeing quality control for packing for seminars including packets, course director notebooks, supplies, AV, publications and merchandise while working with part time staff for out going
9. Check return delivery to ensure all is accounted for and returned to designated area
10. Maintain all order forms up to date for events and website
11. Complete process and shipment of online orders in iMIS daily
12. Store and organize publication and merchandise inventory in designated area in office
13. Update website images of publication and merchandise inventory
14. Maintain and order merchandise and publications and related items needed for mailing
15. Prepare for end of year inventory: up to date inventory forms with all current items and organize publications and merchandise.
16. Serve as backup to open mail, date stamp and forward to the appropriate staff
17. Process membership, publications, merchandise, seminars, and LEI donations
18. Creating and sending out LEI donation letters and LEI invoices
19. Police Accountability Database updates and management
20. Perform other related duties as assigned
21. 25% travel; weekend hours sometimes required
Qualifications:
Knowledge of and experience with professional and other nonprofit organizations. Organizational skills, including demonstrated attention to detail, ability to work independently, ability to take initiative and be a self starter, ability to efficiently schedule time and activities, ability to maintain effectiveness in varying environments and with varying tasks, responsibilities or people, excellent oral and written communication skills. Ability to exercise tact and discretion.
Experience: One to two years working in non-profit, business, marketing, or related field.
Job Description
Position: Program Associate
Location: 6808 Hill Meadow Drive, Austin Texas 78736
Status: Non-Exempt
Supervised by: Chief Executive Officer
Job Summary: Coordinates CDLP training series and webinars, specifically focusing on Innocence and Mental Health topics. Your responsibilities include ensuring timely compliance with grant requirements, managing logistics, maintaining databases, and assisting with registration forms, all while maintaining a high standard of quality control.
Primary Responsibilities:
1. Assist with CDLP training series and webinars including Innocence and Mental Health
3. Coordinate with affiliates and cosponsors for trainings and logistics related to Innocence
4. Ensuring all affiliates and CDLP grant meet deadlines and submit required documents for grant
5. Assist with attendee and speaker travel, confirmations, and contacting speakers
6. Overseeing quality control for packing for seminars including packets, course director notebooks, supplies, AV, publications and merchandise while working with part time staff for out going
7. Check return delivery to ensure all is accounted for and returned to designated area
8. Maintain speaker paper, power point and bio database is up to date
9. Oversees projects are up to date in project management software
10. Assist with registration forms and agenda preparation
11. Complete CDLP reports
12. Collects papers both in hard/electronic copy to produce seminar book and cd, work with communication department for artwork
13. Communicates and works closely CLE Director and Chief Executive Officer to be up to date with all seminar related activities
14. Process refunds, cancellations, auto payments, follow up for declines and outstanding invoices
15. Respond to email customer inquiries on phone or through email
17. Review and resolve issues for batches and maintain quality
18. Police Accountability Database updates and management
18. Performs other duties as assigned
19. 40% travel is required for this position
Qualifications:
Knowledge of and experience with professional and other nonprofit organizations. Organizational skills, including demonstrated attention to detail, ability to work independently, ability to take initiative and be a self starter, ability to efficiently schedule time and activities, ability to maintain effectiveness in varying environments and with varying tasks, responsibilities or people, excellent oral and written communication skills. Ability to exercise tact and discretion.
Experience: One to two years working in non-profit, business, marketing, or related field.
Computer Applications:
Knowledge of computer applications to include Windows XP, Microsoft Office 2000, Word Perfect 10 or above,
I, the undersigned, acknowledge receipt of a copy of the above job description. By affixing my signature here to I certify I have read, had the opportunity to discuss, and understand this document.
Employee Name Signature Date
Supervisor Name Signature Date
Computer Applications:
Knowledge of computer applications to include Windows XP, Microsoft Office 2000, Word Perfect 10 or above, iMIS or other association database software.
Education: High school diploma or educational equivalent; prefer some college courses.
Hours: 8 AM-5:00 PM Monday-Friday, or as needed.
I, the undersigned, acknowledge receipt of a copy of the above job description. By affixing my signature here to I certify I have read, had the opportunity to discuss, and understand this document.
Employee Name Signature Date
Supervisor Name Signature Date
Position: Seminar Clerk Part-Time
Location: 6808 Hill Meadow Dr., Austin, TX 78736
Status: Non-Exempt
Supervised by: Chief Executive Officer
Primary Responsibilities:
1. Answer phones and assist with questions and follow up calls
2. Data entry and payments in iMIS for seminars, membership, publications and LEI
3. Update member’s information, experts lists, referrals and committees
4. Assist with confirmations for all departments
5. Assist with packing for seminars including packets, CDR notebooks, supplies, av, publications and merchandise
6. Prepare, compile and mail speaker evaluations
7. Assist members with inquiries related to seminars, membership, publications and website
8. Mailing seminar materials, postage machine and mail log
9. CLE data entry
10. Maintain seminar files, speaker papers and bio database
11. Performs other duties as assigned
Qualifications
Computer Applications:
Extensive knowledge of word processing software to include Microsoft Office 2000 (MS Word, Outlook, Excel), Word Perfect 12
Abilities:
Ability to exercise tact and discretion/maintain confidentiality
Ability to communicate well and get along with others
Education: Graduation from high school. Some college preferred.
Position: Law Clerk Part-Time
Location: 915 Texas Ave., Lubbock, TX 79401
Status: Non-Exempt
Supervised by: Curriculum Director/Staff Attorney
Primary Responsibilities: Legal research to provide curriculum and materials for education programs for educating criminal defense attorneys. Update and/or draft legal memoranda for TCLDA/CDLP website and correspondence; research and draft legal memoranda on issues requested by attorneys for all aspects of criminal law attorneys.
Secondary Responsibilities: Other related duties as assigned.
Qualifications
Knowledge, Skills, Abilities: Interest in criminal defense litigation, ability to research electronic databases (Lexis-Nexis, Westlaw and related databases) as well as perform extensive internet searches and library research, effectively communicate both verbally and in writing (esp. grammar and spelling), basic computer literacy (spreadsheets and word processing), ability to work independently with minimal supervision. Writing sample required.
Necessary Special Requirements: Ability to exercise tact and discretion/maintain confidentiality; a willingness to take positions and stand firm on unpopular and/or controversial topics, especially capital punishment.
Education: Completion of two semesters at an accredited school of law or a minimum of one-year experience in the legal profession, specifically in the performance of legal research and drafting (e.g. paralegal). Must rank in top one-half of class (transcript required, unofficial okay).
Position: Services Clerk Part-Time
Location: 6808 Hill Meadow Drive, Austin, TX 78736
Status: Non-Exempt
Supervised by: Chief Executive Officer
Job Summary: Assists with sales and processing
Primary Responsibilities:
1. Responsible for all aspects of publications sales and processing, including marketing via mass email, entering and tracking order information using iMIS database, ordering reprints of publications from printer, interacting with members via phone/email regarding orders;
2. Prepare and pack publications items for shipment to seminars;
3. Travel to seminars and assists with registration, publications sales, etc.;
4. Open mail, date stamp and forward to the appropriate staff when Administrative Assistant is absent;
5. Provide back up support for the membership and seminar departments when needed;
6. Organize and maintain onsite publications storage;
7. Perform other related duties as assigned;
8. 10 - 15% travel; weekend hours sometimes required.
Qualifications:
Knowledge of and experience with professional and other nonprofit organizations. Organizational skills, including demonstrated attention to detail, ability to work independently, ability to take initiative and be a self-starter, ability to efficiently schedule time and activities, ability to maintain effectiveness in varying environments and with varying tasks, responsibilities or people, excellent oral and written communication skills. Ability to exercise tact and discretion.
Experience: One to two years working in non-profit, business, marketing, or related field.
Computer Applications:
Knowledge of computer applications to include Windows XP, Microsoft Office 2000, Word Perfect 10 or above, iMIS or other association database software.
Education: High school diploma or educational equivalent; prefer some college courses.
Get to know your staff! The loop report is sent out every Friday to TCDLA and TCDLEI Board members and CDLP, Executive Committees. Below are three items highlighting what staff are working on this week. Feel free to contact any staff member with questions or assistance.
Melissa J. Schank
Chief Executive Officer | Bio | Hire Date: 1/1/2005 – 18 years | Full time
Paid Percentage Split: TCDLA 40.49% | CDLP 54.39% | INNO 5.12% mschank@tcdla.com | 512.646.2724 direct line | 512.619.2060 cell
Mari Flores
Chief Financial Officer | Bio | Hire Date: 2/1/2012 – 10 years | Full time
Paid Percentage Split: TCDLA 39.32% | CDLP 60.68% mflores@tcdla.com | 512.646.2727 direct line | 512.743.5149 cell
Rick Wardroup
Curriculum Director/Staff Attorney | Bio | Hire Date: 3/1/2011 – 11 years | Full time
TCDLA is seeking enthusiastic and motivated individuals for upcoming openings to its 2024–2025 committees. Committee descriptions and mission statements are listed on the website. Complete the form below and check one or more of the committees that you would be interested in serving on.
Responsibilities ofaTCDLA Committee Member:
1. Member of TCDLA.
2. Committees will provide advice, guidance and recommendations to the TCDLA President and/or Board of Directors on relevant matters related to their particular committee.
3. Committees will have assigned responsibilities associated with TCDLA’s strategic plan and objectives.
4. Meet throughout the year via zoom call and/or at quarterly board meetings.
5. Members are expected to review and respond to email requests in a timely fashion.
6. Committee Chairs are expected to prepare written reports for inclusion in the board packets for each board meeting. Any items requiring a decision of the Board should be included on agenda. Committee members will assist chairs in the preparation of reports.
7. Visit TCDLA website for committee mission statements and procedures.
Your information
Last name
First name
Law school Years in practice
Primary areas of practice
Contact information
Work phone Cell phone
Email
Committee preference: Select committees you would like to serve on or scan the QR code to complete the online form.
❏ Amicus (Brief) Curiae
❏ Bylaws
❏ Cannabis
❏ Capital Assistance
❏ Client Mental Health
❏ Corrections & Parole
❏ Crimmigration
❏ Diversity Justice & Inclusion
❏DWI Resources
❏ Ethics
❏ Federal Law
❏ Judicial Conduct
❏ Juvenile Justice
❏ Law School Students
❏ Listserv
❏ Long-Range Planning
❏ Managed Assigned Counsel
❏ Media Relations
❏ Membership
❏ Memo Bank
❏ New Lawyers
❏ Nexus (Seminars)
❏ Prosecutorial Conduct
❏ Public Defender
❏ Rural Practice
❏ Social Media
❏ Strike Force
❏ Technology & Communications
❏ Transcript
❏ Veterans Assistance
❏ Health & Wellness
❏ Women’s Caucus
Email the completed form with a brief resume. The form may include a personal statement describing your interest in serving on a committee to ksteen@tcdla.com by July 1, 2024 but accepted throughout the year
How to Donate
Annual Gift – Contact us to set up a recurring gift. You can donate to TCDLEI annually, quarterly, or monthly.
One time donation – We are always grateful for any donations we receive.
What Do You Get?
We have various levels of recognitions. All contributions are tax deductible.
$10,000+ - Gideon’s Trumpet:
Your name or your rm’s name will appear on signage for Rusty Duncan, the Tim Evans Texas Criminal Trial College, and the CDLP theme seminars. You will receive ve tickets to the Rusty Duncan awards luncheon. All the items below are also included.
$5,000 - $9,999 - Miranda’s Circle:
Your name or your rm’s name will appear in Voice for the Defense for an entire year (10 issues).
Three tickets to the Rusty Duncan awards luncheon. All the items below are also included.
$3,000 - $4,999 - Brady’s Bar:
Donors in this tier are acknowledged once a year in our magazine, Voice for the Defense.
Your name or your rm’s name will be featured annually on our website. Signage with your name or your rm’s name will be featured during the annual Rusty Duncan Advanced Criminal Law Course.
You will receive a Certi cate of Appreciation. You will receive a special gift.
You will be featured in the “Super Fellows” list on our website. You will receive one ticket to to the Rusty Duncan awards luncheon. All the items below are also included.
$1,500 - $2,999 - The Defender:
Your name or your rm’s name will appear on TCDLA.com for six months. All the items below are also included.
$750 - $1,499 - The Associate:
Your name or your rm’s name will be listed on the commercial run during seminar breaks.
Your name or your rm’s name will appear on TCDLA.com for three months. You will receive a letter of acknowledgment.
Texas Crimina l Defens e Lawyers Association
The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education
Who Are We?
Texas Criminal Defense Lawyers Education Institute (TCDLEI) is a non-pro t educational foundation supporting the Texas Criminal Defense Lawyers Association (TCDLA). The goal of TCDLEI is to promote the administration of justice in Texas by providing assistance to lawyers without the nancial ability to attend the various statewide o erings of criminal-based continuing legal education. Together, these organizations advance the following goal:
“To protect and ensure by rule of law those individual rights guaranteed by the Texas and Federal Constitutions in criminal cases; to resist the constant e orts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives though educational programs and other assistance; and through such cooperation, education and assistance to promote justice and the common good.”
In a state that leads the nation in prisoner executions, TCDLA has been in the forefront of a push to reform criminal jurisprudence nationwide—most notably in recent years in the crusade against “junk science,” awed forensic science, and untested or unproven theories presented as scienti c fact in the courtroom. Let there be no mistake about the gravity of this problem. False murder convictions in our state have found their origins in bite-mark analysis, blood-spatter patterns, questionable DNA and ngerprint analyses, and even arson investigation techniques.
But this only scratches the surface of problems in our criminal justice system. TCDLA o ers training on issues relating to:
• shaken-baby syndrome;
• reliability of eyewitness identi cation;
• withholding of exculpatory evidence, as well as lack of penalties for doing so;
• arbitrary prison sentences;
• racial bias in convictions and length of sentences;
• discrepancies among states in adjudged mental disability;
• reliability of expert testimony (and credentials);
• science associated with DWI convictions and eld drug-testing;
• problems in certi cation of medical examiners (some since discredited) or awed autopsies;
• crime labs that have been accredited despite a history of misconduct and sloppiness.
The proper functioning of our criminal justice system requires lawyers trained on discovering and addressing these types of issues—training that parallels if not exceeds that of a well-funded district attorney’s o ce. That is precisely what these two organizations do, year in and year out through o erings like The Rusty Duncan Advanced Criminal Law Seminar, Trial Lawyers College, and the Criminal Defense Lawyers Project—a traveling CLE circuit o ered at various locations throughout the State of Texas.
When factoring in air fare, hotel accommodations, and other miscellaneous expenses, the costs of attending these seminars can be prohibitively high for many attorneys. Every year TCDLEI provides scholarship opportunities to young attorneys, public defenders, and many others. But, our organization can only do this through the support of donors like you.
What You Provide
Your generous contribution to the TCDLEI can be applied in several ways to fund a variety of legal and educational services for our membership. All contributions are tax deductible.
Endowment Fund – Donations to this fund go toward various scholarships for law students, underrepresented groups, and new lawyers. TCDLEI provides over $50,000 in scholarships annually. These scholarships help with travel to various CLE seminars put on by TCDLA.
Our scholarships include:
• General Scholarships
• Christine S. Cheng Memorial Asian-American Scholarship & Travel Fund
• Charles Butts Law Student Scholarship
• Bertha Martinez Trial College Travel Scholarship
• Kelly Pace Memorial New Lawyer Travel Fund
• Associate Fellows Fund
• Fellows Fund
• Super Fellows Fund
Estate Fund – Please consider making TCDLEI a beneficiary in your estate plan. TCDLEI may receive property under a Last Will and Testament and also life insurance proceeds. This is a great way to be a TCDLEI Legacy donor. Contact us to get set up today.
Capital Fund – Our home in Austin is our headquarters and is almost 20 years old. We anticipate our building will require a roof replacement and our flood-damaged concrete floors will need repair. We need your help to raise a minimum of $30,000 to maintain our home.
Texas Criminal Defense Lawyers Educational Institute
Make a Difference Support an Attorney
The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education of criminal defense lawyers and their staff. Your generous tax-deductible contribution to the Texas Criminal Defense Lawyers Educational Institute can be applied in several ways to fund a variety of legal and educational services for our membership. Deserving members without the wherewithal to attend our seminars can get financial aid o help in their continuing legal education.
Pledge Options
Choose a fund that’s near and dear to you:
q ASSOCIATE FELLOWS FUND ($750) q FELLOWS FUND ($1500)
q In one lump sum q Quarterly q Monthly
I would like to designate this donation for use on these specific funds: Donate Monthly in the amount of $_________
SUPER FELLOWS FUND ($3000) q in __________ payments of $ __________
q CHARLES BUTTS LAW STUDENT SCHOLARSHIP in the amount of $_________
q CLE SCHOLARSHIPS in the amount of $__________ COMANCHE CLUB in the amount of $__________
q CHRISTINE S. CHENG MEMORIAL ASIAN-AMERICAN SCHOLARSHIP & TRAVEL FUND in the amount of $__________
q BERTHA MARTINEZ TRIAL COLLEGE TRAVEL SCHOLARSHIP in the amount of $__________
q KELLY PACE MEMORIAL NEW LAWYER TRAVEL FUND in the amount of $__________
q CLIFTON "SCRAPPY" HOLMES MEMORIAL INDIGENT DEFENSE SCHOLARSHIP FUND in the amount of $__________
q 25K DISTINGUISHED LIFETIME FELLOW $__________ BUILDING FUND in the amount of $__________
Contact Information
Your membership is effective upon approval of application and receipt of annual membership dues.
New-Member Endorsement (must be completed for new members)
As a current member of TCDLA, I believe this applicant to be a person of professional competency, integrity and good moral character.
* These questions are optional and for internal statistics only. The information provided will not be distributed at any time.
Membership Fees Get Involved: Committees/Lawyer Locator
Membership Category and Yearly Fees:
$_______ $100 First-time ($100 for each of the first two years)
$_______ $180 Regular member
$_______ $60 Public defender (must be a PD employee)
$_______ $330 Voluntary sustaining (required for TCDLA officers and directors)
$_______ $100 TCDLA past president
$_______ $80 Distinguished member (70+ years old)
$_______ $20 Law student (not auto-renew)
$_______ $80 Affiliate: Paralegal Investigator Expert Other (law professors and others approved by board)
I prefer not to participate in auto-renewal
$_______ Total
I’m interested in serving on a committee - send information.
Send me a Board application
Yes! Include me in the online Lawyer Locator.** You may list up to three areas of specialty in criminal defense law for public access (example: DWI, sexual assault, appeals).
**Disclaimer: Provider makes no promises, guarantees, or warranties regarding the attorneys listed on its Lawyer Locator. Said attorneys are TCDLA members who have requested inclusion on provider’s website to provide the public with choices for possible legal services. Provider expressly disclaims all warranties, including contained on or made available through this website is not intended to and does not constitute legal advice, and no attorney-client relationship is formed. The accuracy, completeness, adequacy, or currency of the content is not warranted or guaranteed. Your use of information on the website or materials linked from the website is at your own risk.
I would like to donate to the TCDLEI scholarship fund, 501(c)(3) organization, in the amount of $ _________________________________.
TCDLA members receive a printed copy of the Voice for the Defense magazine as an included member benefit. However, we have had members request to receive only an electronic version. If you prefer to receive only the electronic version, we will email you each month when it is available.
Check here to enroll in Electronic Only copies of the Voice (can switch to receiving printed copies at any time)
For your convenience, TCDLA uses AUTO RENEWAL for all membership dues, using your checking account or credit card. You will be automatically enrolled in the auto-simply contacting TCDLA by emailing mrendon@tcdla.com or by checking the opt-out option above.
As the account holder at the financial institution, I have designated for Automatic Draft. I authorize TCDLA to automatically draft the account I have designated and I authorize my financial institution to debit my payments automatically from the Draft Account on the date the payment is due. I further understand and agree as follows:
Authorization will remain in effect until TCDLA receives a written notification of cancellation at least 10 business days in advance of the next payment due date.
(first, middle, last) Date of Birth*
Send me a Board application
Yes! Include me in the online lawyer locator.* Market your practice to the public on our website. You may list up to three practice areas in criminal defense law for public access. (example: DWI, sexual assault, appeals)
Provider makes no promises, guarantees, or warranties regarding the attorneys listed on its Lawyer Locator. Said attorneys are TCDLA members who have requested inclusion on provider’s website to provide the public with choices for possible legal services. Provider expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. Moreover, content contained on or made available through this website is not intended to and does not constitute legal advice, and no attorney-client relationship is formed. The accuracy, completeness, adequacy, or currency of the content is not warranted or guaranteed. Your use of information on the website or materials linked from the website is at your own risk.
*To enjoy a complimentary membership for this year, we kindly request that you provide payment information for automatic renewal at a rate of $100 for the following year
For your convenience, TCDLA uses AUTO RENEWAL for all membership dues, using your checking account or credit card. You will be automatically enrolled in the auto-renewal program so you do not have to do anything while continuing to enjoy membership benefits every year! You can always opt out of auto-renewal anytime by simply contacting TCDLA by emailing mduarte@tcdla.com or by checking the opt-out option above.
As the account holder at the financial institution I have designated for Automatic Draft, I authorize TCDLA to automatically draft the account I have designated and I authorize my financial institution to debit my payments automatically from the Draft Account on the date the payment is due. I further understand and agree as follows: This authorization will remain in effect until TCDLA receives a written notification of cancellation at least 10 business days in advance of the next payment due date.
Signature Date
Checking Account
of Institution
Credit card (Visa, Mastercard, Amex, or Discover)
Credit Card Number Expiration Date
RSVP
September 5-7, 2024, Boards and Committee
Meetings
Dallas, Texas
ACTION NEEDED: email ksteen@tcdla.com, call 512-646-2721 or fax 512.469.9107
Location September 5-7, 2024, Dallas, TX Phone Rate The hotel cutoff date is 8/31/2024 or Aloft Dallas Downtown 1033 Young Street, (214)761-000s/d: $139 until filled, whichever occurs first.
Important Dates and Times at Aloft Downtown Dallas
Thursday, September 5, 2024
8:15 am: Criminal Law Master Course
Friday, September 6, 2024
8:15 am: Criminal Law Master Course
4:00 pm: Legislative Committee & Officers Meeting
5:00 pm: Executive Committee Meeting
7:00 pm: Board Family Dinner | Fogo De Chao | $90
Saturday, September 7, 2024
9:15 am: CDLP Committee Meeting
10:30 am: TCDLA Board Meeting
12:30 pm: Adjourn
TCDLEI Articles of Incorporation
TCDLEI Bylaws
TCDLEI Mission
TCDLEI Board
TCDLEI Board Minutes | June 2023 - March 2024
TCDLEI Financials
TCDLEI Merchandise Report
TCDLEI Super Fellows
TCDLEI Fellows
TCDLEI Association Fellows
TCDLEI Miscellaneous Forms
Texas Criminal Defense Lawyers Educational Institute Bylaws Amendments Approved 3/7/2020
ARTICLE I Name and Purpose
Section 1. Name.
The name of this corporation shall be Texas Criminal Defense Lawyers Educational Institute, which is referred to in these by laws as the Institute.
Section 2. Purpose.
Within the general charitable and educational purposes, the specific and primary purpose of the Institute is to promote and support the administration of justice in Texas, particularly through the continuing legal education of criminal defense lawyers and staff.
ARTICLE II Powers
Section 1.
In effectuating its purpose, the Institute shall have all powers conferred by applicable law.
Section 2. Notwithstanding the foregoing statement of powers, the Institute shall not engage in any activities which are not in furtherance of, and limited to, the purposes set forth in Article Four of the Articles of Incorporation.
ARTICLE III Members
Section 1. Qualifications, Charter Members, Voting Members
a. Qualifications. A duly licensed attorney or a citizen interested in the education of attorneys in the practice of criminal defense law is eligible for membership in the Institute. To become a member, a person must apply as described in Sec. 7 6 below.
b. Charter Members. Charter members of the Institute shall consist of those members who have contributed more than $250.00 to the Institute prior to June 15, 2010, or who have been elected Fellows prior to June 15, 2010, as described in Section 3 below.
c. Voting Members. The only members who shall have the right to vote on any Institute issues, business matters, or bylaws are those members who are Board of Directors.
Section 2. Title.
The non-voting members of the Institute shall be referred to collectively as the Membership.
Section 3. Super Fellows, Fellows, Associate Fellows
a. Super Fellow - A member of the Institute becomes eligible for election as a Super Fellow Member by (a) making outstanding contributions to the Institute, or (b) contributing at least $3,000.00 in cash or pledge to the Institute or (c) a person who has in the opinion of the Board of Texas Criminal Defense Lawyers Educational Institute made a contribution of time and effort in the furtherance of the education and training of criminal defense attorneys in the State of Texas. An affirmative vote of the majority of the Board of Directors of the Institute is required to elect a member as a Super Fellow.
b. Fellow - A member of the Institute becomes eligible for election as a Fellow Member by (a) making outstanding contributions to the Institute, or (b) contributing at least $1,500.00 in cash or pledge to the Institute or (c) a person who has in the opinion of the Board of Texas Criminal Defense Lawyers Educational Institute made a contribution of time and effort in the furtherance of the education and training of criminal defense attorneys in the State of Texas. An affirmative vote of the majority of the Board of Directors of the Institute is required to elect a member as a Fellow.
c. Associate Fellow – A member of the Institute becomes eligible for election as an Associate Fellow Member by (a) making outstanding contributions to the Institute, or (b) contributing at least $750.00 in cash or pledge to the Institute or (c) a person who has in the opinion of the Board of Texas Criminal Defense Lawyers Educational Institute made a contribution of time and effort in the furtherance of the education and training of criminal defense attorneys in the State of Texas. An affirmative vote of the majority of the Board of Directors of the Institute is required to elect a member as an Associate Fellow.
Section 4. Meetings.
a. The membership shall meet annually and at such other times and locations as may be set by the Board of Directors.
b. Upon receipt of a written petition by twenty-five (25) or more members requesting a special meeting of the Membership, the Board of Directors shall call such meeting.
c. The Institute Chair may call or schedule a meeting upon giving all members at least ten (10) days written notice.
d. Written notice of all meeting shall be sent to all members at least ten (10) days prior the date of the meeting.
e. The transaction of business taken at any meeting of the Membership, however called and noticed, shall be as valid as if taken at a meeting held after regular call and notice, provided a quorum is present.
f. The number of members present shall constitute a quorum for the transaction of business at any meeting of the Membership. Unless otherwise provided in these by laws, meetings will be conducted in accordance with Robert’s Rules of Order.
g. Executive sessions may be called either by a vote of the Board of Directors or by the Chair of the Institute.
Section 5. Liabilities.
No member shall be personally liable for any indebtedness or liability for the Institute, and any and all creditors shall look only to the assets of the Institute for payment.
Section 6. Application for Membership.
a. Each application for membership must be endorsed by one Voting Member of the Institute.
b. All applications shall be subject to approval by the Board of Directors.
c. An initial payment of $250.00 must accompany the application for membership.
d. If the applicant is an attorney, they must be in good standing with the bar association or state which has licensed said attorney.
e. If the applicant is not an attorney, then they shall meet such standards as may be set by the Board of Directors, with the primary consideration being the applicant's interest in the education of criminal defense lawyers.
ARTICLE IV Board of Directors
Section 1. Number.
There shall be a Board of Directors, referred to hereinafter as the Board. The Board shall
be composed of the Chair, the Vice Chair, the Secretary-Treasurer, Immediate Past-Chair and 16 members. Member directors of the Board shall be elected for a term of three (3) years. The Board officers; Chair, Vice Chair, Secretary-Treasurer and Immediate Past Chair serve (2) year terms.
Section 2. Qualifications.
Each director shall be at a contributing level of Super Fellow or Fellow Member of the Institute. No officer or director of the Institute may serve on the Board while serving as an officer or director of the Texas Criminal Defense Lawyers Association (hereinafter TCDLA). Past Presidents are exempt from this rule so long as they do not vote in any capacity in the governing bodies of TCDLA.
Section 3. Election and Term of Office.
A. At the annual board meeting, the Board shall elect, from the nominees proposed by the Nominating Committee, those officers for which a vacancy has occurred for the upcoming year. No nominee shall be elected to the office of Chair without having served as Vice Chair and Secretary-Treasurer.
B. Each member director elected shall serve for a term of three (3) years and until their qualified successor shall have been elected. Notwithstanding, a member shall not be precluded from being reelected and serving more than one term.
C. If a director becomes incapacitated, during their term of office as director, their directorship shall become vacant effective with the happening of the event.
D. Any elected member of the Board who fails to attend three consecutive meetings without good cause may, by a majority vote of the other directors, be removed from the Board.
E. If a directorship becomes vacant, the Chair shall appoint a replacement to serve during the remainder of the term for which the vacating director was elected with approval of a majority of a quorum at the next meeting of the board.
F. The current President of the Texas Criminal Defense Lawyers Association, the Chief Executive Officer, and the Chair of the Criminal Defense Lawyers Project shall be ex-officio non-voting members of the Board.
Section 4. Authority.
The Board shall have the authority to manage the business and financial affairs of the Institute, including all lawful powers necessary, expedient and appropriate to:
A. Select a Chief Executive Officer in accordance with Article V.
B. Select and remove all employees of the Institute, prescribe their duties and responsibilities, fix their compensation, and delegate all or any part of such
authority to the Chief Executive Officer
C. Create special Project Committees and Ad Hoc Committees in accordance with Article VI.
D. Approve the publication and dissemination of any report or other document prepared by any component body of the Institute, except where such approval is the responsibility of the Membership.
E. Approve the selection of all contractors of the Institute in accordance with Article VIII.
Section 5. Meetings.
A. The Board shall meet annually and as often, at such locations, on such dates, and upon such notice as it deems necessary and appropriate.
B. Five of the members of the Board, including officers shall constitute a quorum for the transaction of business.
C. Executive sessions may be called either by a vote of the Board or by the Institute Chair.
D. Minutes of the meetings of the Board shall be available to all members of the Board and the Membership.
Section 6. Voting.
A. Each member of the Board shall have one vote on every matter voted on by the Board. No proxy voting shall be permitted.
B. Action bythe Board shall require the affirmative vote of a majority of the members at the meeting attended by a quorum. The method of voting shall be at the discretion of the Institute Chair.
C. The Institute Chair may initiate a Vote on any matter coming before the Board by mail, telephone or any electronic means, in which event a deadline for response shall be fixed and a lack of response within the designated time shall be recorded as an affirmative vote. Approval of any action by such means of voting shall require the affirmative vote of a majority of the members of the Board.
ARTICLE V. Officers
Section 1. Number, title and qualifications.
The officers of the Institute shall be those designated below:
A. Number and Title. There shall be a Chair, a Vice Chair and aSecretary-Treasurer. The hierarchy of office in descending order is: Chair, Vice Chair and Secretary-Treasurer. Each office accedes to the office immediately above the office currently held by that officer.
B. Qualifications. The Chair, Vice Chair, and Secretary-Treasurer shall be Super Fellow Members of the Institute or shall be granted such status based upon his or her contributions oftime andefforttotheeducation and/orthefurtheranceofeducation and training of criminal defense attorneys in the State of Texas, by the Board of Directors oftheInstitute,andshallhavecompletedatleastone3-yearterm ontheTCDLEIBoard of Directors.
Section 2. Chair.
A. Election. At the annual meeting of the Board and at each annual meeting thereafter, a Chair of the Institute shall be elected by the Board for a period of one year or until the qualified successor Chair is elected. Should the Chair resign or be unable to continue in office, their duties and responsibilities shall be assumed by the Vice Chair of the Institute until a qualified Chair is elected at the next annual meeting of the Board.
B. Authority and responsibilities. The Institute Chair shall preside at meetings of the Membership and the Board, performing the usual duties of the presiding officer at such meetings. The Chair shall be the official representative of the Institute when the Institute is to be represented, unless the Board, by a majority vote, shall designate some other member(s) or officer(s) to serve in such capacity. Where authorized, the Chair shall, with the approval ofthe Board, appoint individuals to committees to serve at the pleasure of the Board.
Section 3. Vice Chair.
A. Election. At the annual meeting of the Board and at each annual meeting thereafter, a Vice Chair of the Institute shall be elected by the Board for a period of one year or until the qualified successor Vice Chair is elected. Should the Vice Chair resign or be unable to continue in office the Board may designate of their members to serve as Vice Chair until a qualified Vice Chair is elected at the next annual meeting of the Board.
B. Authority and responsibilities. The Vice Chairman shall, in the absence or disability of the Chairman, perform the duties of the Chairman. They shall perform such other duties and have such other responsibilities as may be delegated to them by the Board.
Section 4. Secretary-Treasurer.
A. Election. At the annual meeting of the Board and at each annual meeting thereafter, a Secretary-Treasurer of the Institute shall be elected by the Board for a period of one year. Should the Secretary-Treasurer resign or be unable to continue in office, the duties and responsibilities of the office shall be assumed by a successor to be appointed by the board until the next qualified Secretary- Treasurer is elected at the next annual meeting of the Board.
B. Authority and responsibilities. The Secretary-Treasurer, with such staff assistance as the Board shall deem appropriate to provide, shall perform all duties requisite of the secretary and treasurer of a corporation, including, but not limited to:
a. Keep the minutes of the meetings of the Membership and Board.
b. Maintain custody and supervision of the records and the books of the Institute.
c. Maintain custody of the official seal of the Institute, with authority to affix it to the documents of the Institute and to attest to the same.
d. Receive the property and funds due and belonging to the Institute, exercising custody of all funds, securities, and title documents, and depositing the same in depositories that are prescribed by the Board.
e. Sign all checks, drafts, and such other orders upon the accounts of the Institute, unless such duty shall be delegated to other officers or agents designated by the Board.
f. Keeping regular and correct accounts that shall be submitted to the Board and Membership when requested.
g. Give such bonds for the faithful performance of the duties as the Board may deem necessary, the cost of which shall be paid by the Institute.
h. Maintain the records concerning the membership areas of each elected board member, the term of each elected board member, and when each elected board members term is completed or schedules for reelection.
Section 5. Chief Executive Officer
A. Selection and term of office. A Chief Executive Officer shall be selected and appointed by the Board for the term to be determined by the Board. Their term may be extended from time to time, and they may be removed for cause by the Board.
B. Authority and responsibilities. The Chief Executive Officer shall be the chief executive officer of the Institute, having al powers and performing all duties appropriate to the capacity and as may be further designated by the Board. Generally, he/she shall perform all acts and have all powers required or authorized by law for the chief executive officer of a corporation, including the signing or verifying of all documents required by law. They shall exercise such authority over the selection, employment, compensation and direction of the staff of the Institute as may be delegated to him/her by the Board.
C. The Chief Executive Officer shall be allowed to bring to meetings such members of their staff necessary to assist them in the execution of their duties. Said members
of staff will have no voting rights in any meeting.
Section 6. Compensation of Officers.
A. The Chair, Vice Chair, and Secretary-Treasurer shall receive no compensation for their services as officers of the Institute, but shall be entitled to reimbursement for their expenses and to a per diem allowance for attendance at official meetings of and official functions for the Institute.
B. The Chief Executive Officer, Deputy Director(s) if any, and all other employees of the Institute shall receive such compensation and other benefits, if any, as the Board may determine and, additionally, shall be entitled to reimbursement of expenses and to a per diem allowance for attendance at official meetings of and official functions for the Institute under a policy established by the Board.
ARTICLE VI. Committees
Section 1. Purpose.
The purpose of any committee established shall be to provide information and recommend a course of action to the Membership or Board on matters relevant to the business of the Institute.
Section 2. Establishment.
A. Standing Committees shall be established by the Board to recommend policy guidance to the Membership or Board of matters relevant to the Institute.
B. Project Committees may be established by the Board to conduct each individual project initiated by the Institute.
C. Ad Hoc Committees may be established by the Board, or under its direction, from time to time to assist in the operation of the business of the Institute.
Standing Committees
Section 1. Composition.
Each Standing Committee shall be composed of three (3) members of the Membership and/or such other persons as may be deemed appropriate to provide expertise in the area of the committee’s operation. At the time a Standing Committee is activated, the Institute Chair shall, with the approval of the Board, appoint all members of the committee who shall serve a term of one (1) year. Thereafter, each Institute Chair shall, with the approval of the Board, appoint three (3) members of the Membership and/or such other persons as may be deemed appropriate for a term of two (2) years. Each Institute Chair shall name, form the persons appointed, one to serve as chair of the committee for a term
of one (1) year.
Section 2. Meetings and Activities.
Standing Committees shall establish their own business procedures and schedules of meetings with advice and consent of the institute Chair. No alternative representation or proxy voting at Standing Committee meetings shall be permitted. The Committee may, with the approval of the Institute Chair, create such Ad Hoc Committees or subcommittees when deemed appropriate to the conduct of the committee’s business. Standing Committees shall make such formal or informal reports as they deem necessary or as may be requested by the membership or Board. Chairs of Standing Committees shall attend such meetings of the Board as the Institute Chair may request.
Section 3. Consultants.
With the approval of the Board, a Standing Committee may retain a consultant to provide legal, technical, or other assistance not available from the staff of the Institute.
Section 4. Compensation.
Committee members shall receive no compensation for their services to the Institute, but shall be entitled to reimbursement for their expenses and a per diem allowance for attendance at official meetings and approved functions of the Institute under a policy established by the Board.
Section 5. Activation or Dissolution.
A Standing Committee may be activated or an established Standing Committee may be dissolved by a vote of two-thirds of the Board present at a meeting attended by a quorum of the Board.
Section 6. Initial Standing Committees.
The following committees shall be authorized as Standing Committees:
A. Continuing Legal Education Committee. The purpose and function of the committee shall be to formulate, subject to the approval of the Board, a program for the ongoing education of the criminal defense lawyers and their staff in this state in all matters touching on the administration of criminal justice.
B. Funding Committee. The purpose and function of this committee shall be to investigate sources of funding and, subject to the approval of the board, to formulate for execution a program toward securing funding in furtherance of achieving the purpose of the Institute.
C. Nominating Committee. The purpose and function of this committee shall be to select from among the Membership nominees for officers and directors of
the Institute.
D. Executive Committee. This committee shall be composed of the Institute Chair, the Vice-Chair, the Secretary-Treasurer, the Immediate Past Chair of theInstitute, and three directors. The current President of TCDLAandthe Chief Executive Officer mayattend all meetings of the Executive Committee but may not vote on any matter coming before said committee. The purpose and function of this committee shall be as follows:
1) To have regularly scheduled meetings at least three (3) times annually;
2) To set policy for the organization;
3) To advise and consent to the normal day to day operations of the organization;
4) To consult with the Chief Executive Officer concerning the needs and requirements of the organization;
5) To make decisions concerning various normal operating functions and policies of the organization;
6) To make recommendations to the Membership, for their consideration concerning, projects, funding, grants, scholarships, or other internal matters.
Project Committees
Section 1. Establishment.
Project Committees may be established by approval of the Board for a specific project that is being considered by the Board.
Section 2. Composition.
Members of a Project Committee and its chair may be appointed by the Institute Chair withthe approval ofthe Board. The Institute Chair shall appoint to each Project Committee such members from the Membership and other qualified persons deemed appropriate to provide the expertise and experience necessary for the successful conduct of the project for which the committee is responsible. Project Committees may be appointed upon the approval of a majority of the Board at a scheduled meeting.
Section 3. Meetings and Activities.
A. Each Project Committee, if established, shall establish its own business procedures andscheduleof meetings with theadviceand consent ofthe Institute Chair.
B. Each Project Committee, if established, shall submit a progress report at each meeting of the Board and these reports shall be embodied in the minutes of the meeting. In addition, the committee shall make such formal or informal reports to the board or Membership assist deems necessary or as may be requested. Each chair of a Project Committee shall when requested, attend the meetings of the Board and the Membership.
C. Each Project Committee, if established, shall prepare a final technical report on its project. The report shall contain a full description of the project, the findings and conclusions of the committee, recommendations arising from the findings and, where appropriate, a section discussing the implementation of the project activity. Upon consideration and recommendation by the Board, such reports may be approved by the Institute Chair for publication to the Membership. Technical reports shall contain, in a prominent place, a disclaimer of intent to establish by publication and dissemination of the report a formal policy statement of the Institute.
D. Ad Hoc Committees and subcommittees may be formed by the committee where deemed appropriate to conduct the business of the committee.
Section 4. Selection of Contractors.
The selection of contractors shall be based on project committee recommendations, but the Board shall make the final selection of all contractors, Contractors selected shall report to, and be directed by, the Board.
Section 5. Dissolution.
Each Project Committee shall be dissolved upon completion of its assigned project and the approval of its final report on the project.
Ad Hoc Committees
Section 1. Composition.
Ad Hoc Committees may be established from time to time for a particular purpose shall be composed of such members of the Membership and other persons a may be appointed by the Institute Chair, who shall name the chair of the committee.
Section 2. Meetings and Activities.
Each Ad Hoc Committee shall establish its own business procedures and schedule of meetings, with the advice and consent of the Institute Chair, for the accomplishment of the purpose for which it was formed.
Section 3. Dissolution.
Each Ad Hoc Committee shall be dissolved upon completion of the purpose for which it was formed.
ARTICLE VII Initiation of Individual Projects
Section 1. Proposal of Project.
Proposals for the initiation of projects to be undertaken by the Institute may be submitted to the Board by any member of the Institute, any State official, any public or private agency, or any component body of the Institute.
Section 2. Consideration and action by the Board.
A. Upon receipt of a new project proposal, the board may direct the Chief Executive Officer to prepare the proposal in a standardized form approved by the board, summarizing the goals and objectives of the proposed project and including a preliminary description of the methods and techniques to be employed and a preliminary budget estimate. In such an event, the Chief Executive Officer shall make a recommendation to the Board concerning (1) whether the proposal is within the scope of the Institute’s authorized activities and (2) whether the project qualifies as an interimproject as provide in Section 5, of this Article.
B. The Board may, by a vote of a majority of its members present at a regularly scheduled meeting, declare a project to be not within the scope of the purpose of the Institute. In that event no further action will be required unless notification to the Membership is deemed appropriate.
C. If the Board votes to report a project to the Membership, the Institute Chair shall direct the Chief Executive Officer to prepare the proposal in the appropriate form.
Section 3. Action by the Board.
If, in the exercise of its authority, the Board approves a project, the Board may set policies for the conduct of the project or may delegate that authority to the Executive Director.
Section 4. Final action.
Upon approval of a project by the Board, the Chair shall direct the Chief Executive Officer to prepare the proposal in final form, to negotiate with the Board or others for funding of the project, and to prepare the formal grant application. The Chief Executive Officer shall prepare a monitoring and evaluation plan to be incorporated in the grant application to assure that the project is carried out in accordance with the policies and objectives of the Institute. The grant application, final budget, and final project plans shall be approved by the Board. Such authority may be delegated by the Board to the Chief Executive Officer or to the chair of the Project Committee charged with the conduct of the project. Such delegation of authority shall be specific in each case and shall not constitute a general delegation for the Board’s authority.
Section 5. Interim projects.
A. Authority. Pursuant to Article III, Section 3b, there is granted, and the Board shall have, authority to approve interim projects.
B. Definition. An interim project is one which, in the opinion of the Board, is within the scope of the purpose of the institute and can be initiated and substantially completed before the next meeting of the Board.
C. Initiation. An interim project may be proposed by the Board by any member of the Institute, any State official, any public or private agency, or any component body of the Institute.
D. Action. The initiation of an interim project shall require the same action as is required for regular projects except that prior approval of the Board shall not be required.
ARTICLE VIII Contractor Selection
Section 1. Competitive Bids.
All contractors retained to perform work for the Institute or any of its component bodies shall be selected, to the maximum extent feasible, through a formal procedure of inviting and evaluating bids from as many qualified contractors as possible, with the view toward obtaining the maximum competition feasible under the circumstances.
Section 2. Noncompetitive Bids.
Noncompetitive or sole source awards of contracts shall be made only where the circumstances do not permit any form of competition.
ARTICLE IX Nominations and Elections
Section 1.
Before the call of each annual meeting of the Board, the Nominating Committee shall meet and nominate one person of the offices are becoming vacant for the upcoming year. In considering nominees for the position of director, attention shall be given to maintaining on the Board representation from all areas of the State. Immediately following the meeting, a list of the nominees shall be furnished to the Institute Chair.
Section 2.
The list of the nominees shall be made known to the Board at the time of the call of the annual board meeting.
Section 3.
At the annual board meeting, there shall be placed in nomination those nominees selected by the Nominating Committee.
Section 4.
All elections shall be conducted at the annual meeting of the Board, and each nominee receiving a simple majority of the vote at said annual meeting shall be elected to the office to which he or she was nominated.
ARTICLE X Conflict of Interest and Ethical Standards
Section 1. Conflict of Interest
Any member of the Institute or of its component bodies having the right to vote shall be disqualified from voting on any matter in which, or where, he has a financial interest.
Section 2. Ethical
Standards.
Anymemberofthe Instituteorofits componentbodieshavingtherighttovoteshalldisclose tothedecision-makingbodyanypast,current,orprospectiveassociation,personal,financial, or otherwise, if in his/her their opinion such association may unduly influence his/her decision. Moreover, it shall be the policy that all employees shall be guided by this standard in making recommendation upon which any decision will be reached.
ARTICLE XI Offices
Section 1. Principal
Office.
The principal office for the transaction of the business of the Institute is hereby located in the City of Austin, County of Travis, State of Texas. The Board shall have full power and authority to change the principal office from one location to another in said County.
Section 2. Other offices.
Branch or subordinate offices may be established at any time the Board at any place or places where the Institute is qualified to conduct its affairs.
ARTICLE XII Amendment
These by laws may be amended by:
The written consent of two-thirds of the Board; or
Two-thirds of the directors present and voting at an annual board meeting attended by a quorum; or
Two-thirds of the directors present and voting at a board meeting called for that
purpose at which quorum is present.
15 TCDLEI By-Laws 3/7/2020
TEXAS CRIMINAL DEFENSE LAWYERS EDUCATIONAL INSTITUTE
Missi
The Texas Criminal Defense Lawyers Education Institute (TCDLEI) empowers lawyers to uphold the US and Texas Constitution’s and provide the best legal defense. Our mission includes education, protecting rights,andpromotingajustsociety.
Jim Darnell
Chair
Attorney
Jim Darnell, P.C.
310 N Mesa St Ste 212
El Paso, TX 79901-1301
Work Phone: (915) 532-2442
Fax: (915) 532-4549
Term Ends: 6/20/2026
Philip Wischkaemper
Vice Chair
Professional Development Director
Lubbock Private Defender
915 TexasAvenue
Lubbock, TX 79401
Term Ends: 6/20/2026
CoryA. Clements
District 2
Clements Law Firm, PLLC
PO Box 2161
Abilene, TX 79604
Work Phone: (325) 437-6544
Fax: (817) 668-3004
Term Ends: 6/20/2026
Gonzalo Serrano
District 4
Attorney
Rosenthal Kalabus Therrian
7300 State Highway 121 Ste. 400 Mc Kinney, TX 75070
Work Phone: (972) 369-0577
Fax: (469) 353-6275
Term Ends: 6/20/2026
Monroe Solomon, III
District 5
Attorney
Nickols | White | Solomon
4200 West Vickery Suite 200 Fort Worth, TX 76107
Work Phone: (817) 617-7500
Term Ends: 6/20/2026
As of 6/25/2024
Mehr Singh
Secretary | Treasurer
Hurley & Guinn
1805 13th St
Lubbock, TX 79401-3823
Work Phone: (806) 771-0700
Fax: (806) 763-8199
Term Ends: 6/20/2026
Kyle T. Therrian
Immediate Past Chair
Partner
Rosenthal, Kalabus & Therrian
7300 State Highway 121 Suite 400 McKinney, TX 75070
Work Phone: (972) 369-0577
Fax: (972) 369-0532
Term Ends: 6/20/2026
Laurie L. Key District 3
Attorney
Law Office of Laurie L. Key 1213 Avenue K
Lubbock, TX 79401-4025
Work Phone: (806) 771-3933
Fax: (806) 771-3935
Term Ends: 6/1/2027
Harmony M. Schuerman
District 5
Law Offices of Harmony M. Schuerman 909 W MagnoliaAve Ste 6 Fort Worth, TX 76104-4571
Work Phone: (817) 406-8665
Fax: (817) 887-3822
Term Ends: 6/1/2027
Greg Westfall District 5
Partner
Cantey Hanger, LLP 415 Hazelwood Dr. W. Fort Worth, TX 76107
Goldstein & Orr | The Historic Staacke-Stevens Building
315 E. Commerce St., Ste. 301 SanAntonio, TX 78205-2944
Work Phone: (210) 226-1463
Fax: (210) 226-8367
Term Ends: 6/21/2025
Frank B. Suhr
District 11
Attorney
Law Office of Frank B Suhr
473 S SeguinAve Ste100
New Braunfels, TX 78130-7642
Work Phone: (830) 625-4345
Fax: (830) 606-4511
Term Ends: 6/20/2026
David Ryan
District 14
Attorney
Ryan & Associates
6161 Savoy Dr Ste 1116
Houston, TX 77036-3326
Work Phone: (713) 223-9898
Fax: (713) 223-8448
Term Ends: 6/21/2025
TCDLEI Board Committee Minutes
Friday, June 16, 2023
Hyatt Regency
San Antonio, TX
Introduction
Kyle Therrian calls the meeting to order at 9:15 am. A quorum was present.
Roll Call:
P Kyle Therrian, Chair
P Jim Darnell, Vice Chair
P Philip Wischkaemper, Secretar y | Treasurer
P Laurie Key, Immediate Past Chair
A Claudia Balli
A Samuel Bassett
A Lydia Clay-Jackson
P Cory Clements
P Lance Evans
E Don Flanary
P Steve Keathley
E Susan Kelly
P Patrick McCann
P Angela Moore
P Audrey Moorehead
A JoAnne Musick
A Cynthia Orr
P David Ryan
P Mehr Singh
P Monroe Solomon
P Frank Suhr
P Heather Barbieri
Key: P = Present; E = Excused Absence; A = Unexcused Absence
Staff: Melissa Schank, Mari Flores, Rick Wardroup
Guests: David Guinn, Clay Steadman, Sarah Roland and Gonzalo Serrano
Welcome and Introductions, Kyle Therrian
Kyle welcomed everyone, recognized guests and TCDLA officers in attendance, and Charles Butts Scholarship recipient, Jessica Lieck He thanked everyone for their hard work this year.
Chair Report, Kyle Therrian
Kyle thanked TCDLA staff, everything works so smoothly. We are doing very well this year and meeting projections. Looking at new opportunities to raise funds and seek grants which we will discuss later in the meeting.
Rusty Booth raised $9,050 on the first day, thanks to everyone who volunteered to work at the booth. We need to push raffle prize for $1,000, limited to 100 tickets. Special recognition to Randy Wilson for the idea and the donation Also, $20 raffle prizes for beverage sets
Donations for $100-$499 get a smaller gold star, $500 plus get the large gold star on the board. Geezer booth is also raising funds for advice and SBOT life insurance at booth to sign up for TCDLEI beneficiary. Announcements during Rusty to visit LEI booth and Silent Auction. We will follow up a the next meeting to see if the Geezer booth was a success.
We had a suggestion for someone that donates over $3000 to have a name. Distinguished Donor was a suggestion for the new name. Melissa will send a survey out for feedback of name and limit i.e. 10k, 15k, 20k etc.
MOTION: Minutes – February 23, 2023
Motion to approve the minutes on February 23, 2023, from TCDLEI Board Meeting held via Zoom, made by Cory Clements, seconded by Pat McCann - motion carries.
TCDLA President’s Comments, Heather J. Barbieri
Heather thanked Kyle for being the chair and for everything he had done the past year.
Chief Executive Officer Report, Melissa Schank
• CDLP Mileage Increase 65.55 cents* – TCDLA mirrors CDLP mileage rate, motion request to approve the increase. TCDLEI still has cap of $300 for optional reimbursement for June meeting and July Orientation.
MOTION: Mileage Increase 65.55 cents
Motion to approve a Mileage Increase of 65.55 cents effective September 1, 2023, made by Lydia Clay-Jackson, seconded by Cory Clements - motion carries.
• Check Signatures Policy – TCDLA Executive Committee has changed the check signature policy to allow one signature for anything $25,000 or less. TCDLEI Budget Committee has changed the check signature policy to allow one signature for anything $5,000 or less. We have more security in place and staff then we did 20 years ago. TCDLEI Budget committee passed a motion for one signature of $5,000 or less. Anything over $5,000 will require two signatures.
• FY12 Last Audit – 2012 was the last audit. It is estimated at $9,500 to do another audit. This is based on the last two years financials and includes inventory count. Melissa discussed processes for other boards she has served where they do internal audits by board members and have a check list of expenses if you all want to do this. After discussion the budget committee will come back with a recommendation for the next meeting. Melissa will send a checklist to the budget committee to review.
• TCDLA Board Responsibilities – Associate Fellow $750, 25 or so TCDLA board members haven’t written articles. Report in packets.
• Merchandise Report – hope you get a chance to look at our new shirts, we have spent the budgeted amount.
• Board Member Donations/Recruitment ($1500) FY23 – more than half have not completed their commitments Reminder you can recruit.
• Code of Conduct and Conflict of Interest Forms – Keri emailed and distributed printed copies for those we still need.
• Judge Voice Increase – price is supposed to go down, have been getting bids, previous printer has reached back out.
Budget Committee Report, Philip Wischkaemper
Philip gave a FY23 budget recap as of 4/30/23 The proposed FY24 Budget was presented.
MOTION: Approve FY24 Proposed Budget
Motion to approve the FY24 Proposed Budget, made by Monroe Solomon, seconded by Laurie Key - motion carries.
Recognition of Donations February 16 – May 15, 2023, Kyle Therrian
• Associate Fellows $500
• Fellows $1,100
• Super Fellows $0
• Trial College Alumni $225
• General Scholarships $0
• Bertha Martinez Trial College Travel Scholarship $0
• Christine S. Cheng Memorial Asian-American Scholarship $0
• Charles Butts Law Student Scholarship $4,820
• Kelly Pace Memorial Scholarship for New Lawyers $0
• Scrappy Holmes Indigent Defense Scholarship Fund $0
Review Inactive Funds, Melissa Schank
There are some memorial funds that have had no activity over the past five years. Will review this in a year to see what the status is on the funds.
Scholarship Recipients, Kyle Therrian
• Charles Butts Memorial Scholarship – Kyle recognized recipient of the award, Jessica Lieck. Her essay and application are available for you to review in your packets. She will be recognized and given her award at Rusty Duncan Saturday after the first speaker and at the TCDLA Annual Members Meeting.
• FY23 Scholarship Awards – This fiscal year TCDLEI has awarded a $5,000 3L scholarship, 68 scholarships for tuition ($28,975), one Scrappy Holmes scholarship to attend Rusty and one Kelly Pace travel stipend scholarship. Scholarship requests are still coming in, we still have scholarships for Top Gun DWI available prior to the end of the fiscal year.
Nominating Committee, Kyle Therrian, Jim Darnell and Philip Wischkaemper
Vote on Committee Recommendations for Board Members Renewing*
Renewals
Don Flanary, District 10
Steve Keathley, District 8
Angela Moore, District 10
Patrick McCann, District 14
Monroe Solomon, District 5
MOTION: Approve Board Renewals for another three-year term.
Motion to approve Board Renewals for another three-year term; Don Flanary, Steve Keathley, Angela Moore, Patrick McCann, and Monroe Solomon, made by Cory Clements, seconded by Audrey Moorehead - motion carries.
Vote on Committee Recommendations for New Board Member
New Gonzalo Serrano, District 10
MOTION: Approve New Board Member Gonzalo Serrano
Motion to approve New Board Member Gonzalo Serrano, made by Jim Darnell, seconded by David Ryan - motion carries.
Fundraising
• Fundraising Brochure – these are in the packet for you to make personal contacts.
• SBOT Life Insurance & Kiosk, Kyle Therrian, Philip Wischkaemper, Laurie Key We had this available to sign up at the booth, Laurie discussed how the process works. Staff need to send out one more email and do some social media.
• Golf (affiliation competition, pledges for help) – Laurie Key, Monroe
Solomon, Sam Basset and Susan Kelly No update.
• Donation Holiday Challenge – Dec 2023, Monroe Solomon
Sample is in your packet. The board made no changes and is ready for staff to set up.
• Major Donor Initiative, Kyle Therrian
Looking at grants to see how we can get more funds.
• Grant Writer – Melissa Schank
Cynthia wanted to look into possibly hiring a grant writer to help with grants. Melissa can also help with grant writing instead of hiring someone, have other committee members like Audrey who has experience seeking out grants and that can also help. Thanked Cynthia for her work on this.
Old and New Business
• Investment Fund, Kyle Therrien, Frank Suhr, Philip Wischkaemper
Have placed funds into a money market account and will move into a CD when rates go down for the money market account. Putting funds into a more conservative fund instead of a donor advised fund. Working on proposals and will have the budget committee come back with a decision. Thanked David Guinn and Heather Barbieri for their work on getting us to where we are and working together. TCDLA Officers came to show their support for TCDLEI.
• Long Range Planning Committee, Philip Wischkaemper Grants will be important for long range planning. Want to see a push for larger donations for beneficiary policies for TCDLEI. Staff will follow up with Cory Clements will help with getting a speaker for the Financial Friday webinar to discuss wills, and provide a template and give an opportunity to have TCDLEI as a beneficiary and Angela Moore also has a presentation of what to prepare for business.
• Meme for social media, Jim Darnell
Melissa will reach out to Chris Estrada in Jim’s office, to see if he will be able to help create memes. Staff will also start working on this.
Next Board Meeting: August 31, 2023 – Zoom Meeting at 4:00 pm.
MOTION: Adjourn
Motion to adjourn meeting at 10:15 am, made by Monroe Solomon, seconded by Angela Moore – motion carries.
Respectfully submitted, Philip Wischkaemper
TCDLEI Secretary
TCDLEI Board Committee Minutes
Thursday, August 31, 2023
Zoom Meeting
Mission: The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education of criminal defense lawyers and their staff.
Introduction
Kyle Therrian started the meeting at 4:10 pm. A quorum was not present.
Roll Call:
P Kyle Therrian, Chair
A Jim Darnell, Vice Chair
P Philip Wischkaemper, Secretar y | Treasurer
P Laurie Key, Immediate Past Chair
A Claudia Balli
P Samuel Bassett
A Lydia Clay-Jackson
A Cory Clements
A Don Flanary
P Steve Keathley
P Patrick McCann
A Angela Moore
P Audrey Moorehead
P JoAnne Musick
A Cynthia Orr
A David Ryan
A Gonzalo Serrano
E Mehr Singh
A Monroe Solomon
P Frank Suhr
P John Hunter Smith
Key: P = Present; E = Excused Absence; A = Unexcused Absence
Staff: Melissa Schank
**Due to not having a quorum all motions moved to in person December meeting. Keri will call and confirm attendance.
Welcome and Introductions, Kyle Therrian
Kyle welcomed everyone and we had a roundtable of introductions and catching up.
Chair Report, Kyle Therrian
Kyle report final Rusty donations of $24.920 in addition we had Silent Auction donations of $10,364.26 – great year, please help us get items for next year’s silent auction, we start now.
Minutes – June 16, 2023
NO motion – quorum not present – move to December meeting.
TCDLA President’s Comments, John Hunter Smith
John Hunter Smith thanked the board and appreciated all their work supporting TCDLA and looks forward to continuing working.
Chief Executive Officer Report, Melissa Schank
• TCDLA Board Responsibilities Voice – Options for associate for $750, we are implementing a new TCDLA board report card based on our strategic plan, this will include this as an item, we will work on creating one for TCDLEI
• Merchandise Report - we had approximately $5300 left to spend which we did before August 31, 2023, to replenish our merchandise – any other new ideas?
• Board Member Donations/Recruitment ($1500) - we have 7 who have not met their commitments for the year, they should have been emailed this week.
• Code of Conduct and Conflict of Interest Forms – we only one person
• Attendance to the TCDLA Quarterly Meeting & TCDLEI Booth & Announcements need volunteers sending a list of events – Laurie – commercial – Laurie and Gonzalo
• Geezer Response overall they really liked the idea minus one person who thought term was bad they just didn’t think people wanted to pay for the service so they came up with some other ideas how to do this but most were offering mentoring free, we are brainstorming how to get the past presidents involved, get rates on koozies to give away if they donate, coffee cup order – Melissa will send an email for ideas, Audrey for the Defense cup
• LEI Reception – suite in hotel for a little while before the Pachanga thoughts – Cynthia? Or do we like early entrance to Pachanga?
• Staff Person & Admin Rate - in your packets you have a list of duties we did fairly quickly, these do not include website, server and other technical aspects, flyers in all seminar items, commercials and social media, we will continue to add to the list after I discuss you can follow up would like to see TCDLEI cover progressively, 10-15k, then 29k, Melissa will study budget and projections and bring back more information to the December Board meeting
• Grant Ideas – NACDL has a lot of these we can apply for and some we may be able to do directly, one we want to do is the PAC, we are thinking of some of our publications, what other items do you think would be good services for us to provide to our members? I will also ask around, this may make it easier for us to solicit donations by having additional meaning services TCDLEI provides in addition to scholarships brainstorming, publications and writs, ALR, compliments book, immigration expert book - Melissa sending an email for other ideas.
Budget Committee Report, Philip Wischkaemper
• FY23 Budget Update – Philip gave a FY23 budget recap as of 7/31/23
• Audit – Laurie and Philip will come down to the home office and do an audit, concerns were raised if grans would require an audit done by a CPA. As we start searching for grants, we will look at requirements and address as needed regarding an audit
• Investment Funds – $1 million invested with Wells Fargo Investments MMA. $500,000 TCDLEI portion and $500,000 TCDLA portion.
Recognition of Donations May 16 – August 15, 2023, Kyle Therrian
Total Contributed $30,219 for time period is below.
• Associate Fellows $975
• Fellows $4,500
• Super Fellows $4,500
• Scholarships $20,244
• Comanche Club $0
• Bertha Martinez Trial College Travel Scholarship $0
• Charles Butts Law Student Scholarship $0
• Christine S. Cheng Memorial Asian-American Scholarship $0
• Kelly Pace Memorial Scholarship for New Lawyers $0
• Scrappy Holmes Indigent Defense Scholarship Fund $0
• Texas Criminal Trial College Alumni $0
Review Inactive Funds, Melissa Schank
We are still reviewing the funds and will present at the next meeting
Scholarship Recipients, Kyle Therrian
• FY23 Scholarship Awards – This fiscal year TCDLEI has awarded a $5,000 3L scholarship, 117 scholarships for tuition two Scrappy Holmes and two Kelly Pace travel stipend scholarship totaling $45,000
Fundraising
• Fundraising Brochure & Letter - these are in the packet for you to make personal contacts, has anyone made a contact since the June meeting?
• SBOT Life Insurance – Melissa will reach out to SBOT and have Philip be part of Wills training for Financial Friday
• Golf (affiliation competition, pledges for help), Laurie Key, Monroe Solomon, Sam Bassett – no action at the time, will work on this and bring back information
• Donation Holiday Challenges – Will roll out November 2023, Monroe Solomon staff has this ready to roll out, please share on social media and via text when it is sent out
• Major Outside Donor Initiative, Kyle Therrian - Cynthia Orr, Angela Moore, Pat McCann – no update
• Grant Writer, Cynthia Orr – no update
• Sheet of Ideas, Kyle Therrian and Melissa Schank shared two sets in packet, will look send form to Kyle to edit the current verbiage to be better that anyone can donate i.e. $10 a month to start some consistent revenue, Laurie brought up text numbers, keep an eye out for donation day, The Most Generous Day in NTX! Early Giving for NTX Giving Day opens on September 1! You can browse from over 3,300 nonprofits. We will send ideas to brainstorm and add to the list and/or streamline
• Coke Brothers, David Ryan update and for what item?
• Distinguished Donor Name & Amount, Melissa gave history of amounts of members had give accumulative, and a vote will be sent out on amounts and names
• Long Range – work on legacy giving, follow up with SBOT, have Philip moderate introduce and throughout the Financial Fridays and discuss options
Next Board Meeting:
December 2, 2023, at 8:15 am in Round Rock
Kalahari Resorts | $129 S/D
3001 Kalahari Blvd (877) 525-2427 Hotel Cut-Off: 11/15/23
Round Rock, TX 78665
2023 TCDLA Sexual Offenses - Start your reservation (passkey.com)
Holiday Dinner at Double Cut Steakhouse, Friday at 7:00 pm
MOTION: Adjourn
Motion to adjourn meeting at 5:00 pm, made by Kyle Therrian, seconded by Philip Wischkaemper – motion carries.
Respectfully submitted, Philip Wischkaemper
TCDLEI Secretary
TCDLEI Board Committee
MINUTES
Saturday, December 2, 2023
Kalahari (Salon A), Round Rock, Texas
Mission: The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education of criminal defense lawyers and their staff.
Introduction
Kyle Therrian started the meeting at 8:21 am A quorum was not present.
Roll Call:
P Kyle Therrian, Chair
P Jim Darnell, Vice Chair
P Philip Wischkaemper, Secretar y | Treasurer
E Laurie Key, Immediate Past Chair
A Claudia Valdez Balli
P Samuel Bassett
P Lydia Clay-Jackson
P Cory Clements
A Don Flanary
P Steve Keathley
P Patrick McCann
E Angela Moore
P Audrey Moorehead
A JoAnne Musick
P Cynthia Orr
P David Ryan
E Gonzalo Serrano
E Mehr Singh
A Monroe Solomon
P Frank Suhr
P John Hunter Smith
Key: P = Present; E = Excused Absence; A = Unexcused Absence
Guests: David Guinn
Staff: Melissa Schank, Mari Flores, Rick Wardroup
Welcome and Introductions, Kyle Therrian
Kyle welcomed and thanked everyone for coming; it means a lot for us all to get together with the TCDLA board and CDLP committee
Chair Report, Kyle Therrian
Silent Auction Donations - we need more donations. We will send out a list of items donated in the past to get ideas.
Raffle Table Item – we will continue doing the wine pull and raffle item. We can look at adding new liquor or fun items like giant wine bottles.
The new designation and amount of contribution with the most votes is as follows: Distinguished Lifetime Fellow (10), $25,000 (11). The suggestion was made to recognize these contributors at the awards dinner during Rusty. Melissa will check with the awards committee
Looking at getting an LEI pin for this donation designation. Melissa will work with Cynthia on an award similar to some given in June for the for the Distinguished Lifetime Fellow. Cynthia will send Melissa an image of one she received to get quotes for a similar image. Kyle will get an email thread going to collect any other ideas. We will discuss it again at the next board meeting. Ideas include sapphire pin for $25,000 and diamond pin for $50,000. Cory Clements knows a jeweler he will contact to see if he can help.
MOTION: Distinguished Lifetime Fellow - $25k
Motion to approve the new designation of Distinguished Lifetime Fellow for those who donate $25,0000 or more made by Pat McCann, seconded by Lydia Clay-Jackson – motion carries.
MOTION: Lapel Pins for Distinguished Lifetime Fellow
Motion to order Lapel Pins to distribute to Distinguished Lifetime Fellow made by, Kyle Therrian, seconded by Cory Clements – motion carries.
Sean Hightower gave a $15,000 donation; he will be recognized at the TCDLA board Meeting. If you see him thank him.
We did not have a quorum at the August 31st meeting, so no motions were made, or minutes taken. Review and approve minutes from the June 16th board meeting held in San Antonio
MOTION – June 16, 2023 Minutes
Motion to approve the TCDLEI Board Meeting minutes on June 16, 2023, in San Antonio made by Pat McCann, seconded by Sam Bassett – motion carries.
TCDLA President’s Comments, John Hunter Smith
John Hunter Smith thanked the board and appreciated all their work supporting TCDLA
Chief Executive Officer Report, Melissa Schank
• Mission Statement – we want to expand the mission to do advocacy and other projects like police accountability database This is in your packet; review it for future discussion. It was mentioned that the mission statement proposed is too long. The mission statement will be circulated for better streamlining and will be sent to the committee for review.
• Review Inactive Funds - Berth Martinez fund has not had any contributions; we are using $300-$1,200 annually for Trial College. When funds have been depleted for Bertha Fund Martinez, we will report back so you can decide what you want to do.
• Dashboard & Report Card – working on this to implement by end of year to be used for next fiscal year, using format from TCDLA Board.
• Merchandise Report – We have new winter gear! Go look at them and buy some. Ordered new merchandise and restocked hot sellers. To date , we have sold 228 items for a total of $4,448 out of a budgeted $20,000. Looking at making canvas’ as well.
• Board Member Donations/Recruitment ($1500) - year starts 9/1/23.
• Attendance to the TCDLA Quarterly Meeting & TCDLEI Booth & Announcements: We need volunteers to promote and educate about TCDLEI. If you are
attending a seminar, come to registration, and we will have an announcement sheet for you.
• LEI Reception – this will be an early entry to Pachanga.
Kyle thanked Philip, Laurie and Frank for going to the home office and doing an Audit for LEI. They spent a whole day doing this.
Budget Committee Report, Philip Wischkaemper
• FY23 End of Year Report - Philip gave a FY23 end of year budget recap.
• FY24 Budget Update - Philip gave a FY24 budget recap as of 9/30/23
• Investment Update - update given on interest earned from Sept – Oct.
• FY23 Audit Report - Philip, Laurie, and Frank came down to the home office on October 11th to perform a 100% audit of TCDLEI income and expenses.
• FY24 Audit – We are looking at hiring a CPA firm to conduct an audit for FY24.
MOTION: FY25 budget to include FY24 audit expense up to $12,000
Motion to approve and plan for FY25 budget to include FY24 audit expense up to $12,000 and to move money from the reserve account at end of FY25 if revenue projections do not cover audit expense, made by Philip Wischkaemper, seconded by Cynthia Orr – motion carries.
• 10 and 2-Year Audit Plans – An audit firm will be hired every 10 years to perform an audit and a small committee of the board will perform an audit every 2 years. We will set aside $1,500 as yearly reserve transfers for the 10-year audit.
MOTION: $1,500 Yearly reserve transfers for 10-year audit
Motion to approve to move $1,500 a year into the reserve account to cover audit to be performed every 10 years to cover up to $12,000, the next to be in FY2035. Have three board members perform internal audit every other year starting FY2027, made by Philip Wischkaemper, seconded by Pat McCann – motion carries.
• Future Administrative Rate - in your packets you have a list of duties staff supports TCDLEI with. Currently the administrative rate paid by TCDLEI is $6,000 a year. Looking to increase this amount gradually up to $15,000 for this year, then $29,000 in the future. Looking at performance of investment account to help offset the additional expenses.
Recognition of Donations September 1 – November 15, 2023, Kyle Therrian
Total Contributed - $4,597.87
• Associate Fellows $975
• Fellows $750
• Super Fellows $0
• Scholarships $1,069.87
• Comanche Club $1,128
• Bertha Martinez Trial College Travel Scholarship $0
• Charles Butts Law Student Scholarship $0
• Christine S. Cheng Memorial Asian-American Scholarship $0
• Kelly Pace Memorial Scholarship for New Lawyers $0
• Scrappy Holmes Indigent Defense Scholarship Fund $0
• Texas Criminal Trial College Alumni $0
Scholarship Recipients, Kyle Therrian
• FY24 Scholarship Awards – we have started distributing scholarships for the year.
• Charlie Butts Scholarship - application Deadline is 12/20/2023.
Fundraising
• BJA Grants – Melissa met with NACDL. The funds are no longer available, we are looking to see what other funds they may have but it is more for a specific project. We will continue to look at this in the future. Cynthia stated there are funds for Post Dobbs to educate and train and have advocacy programs like TCTC; if we have a component in that, we could get some funding. We need to get with Nicole DeBorde Hochglaube to see what we can train our people on in direct relation to what the funds are requesting. Melissa will set up a meeting with Cynthia and Nicole for further discussion.
• Fundraising Brochure & Letter - these are in the packet for you to make personal contacts. Make use of these and let us know if you find them useful.
• SBOT Life Insurance – Melissa will contact SBOT to see if anyone has signed up. We had a Financial Friday with Philip Wischkaemper. Go to the SBOT website, and you can sign up. You can have this as part of seminar announcements letting people know they can sign up.
• Golf, Laurie Key, Monroe Solomon, Sam Bassett – Sam stated that he and Laurie will donate for this next year. We will try TopGolf one more year, with the same attendance as the golf tournament, but people seem to enjoy it better.
• Donation Holiday Challenge, Monroe Solomon – the holiday challenge was rolled out in November 2023; please share on social media and via text
• Major Outside Donor Initiative, Kyle Therrian, Cynthia Orr, Angela Moore, Pat McCann – no update.
• Sheet of Ideas – Kyle Therrian and Melissa Schank shared two sets in the packet.
• Coke Brothers, David Ryan reported it was best to wait until the mission statement is resolved before moving forward.
• Giving Tuesday – looking at not doing this annually due to competition, and instead focusing on the Holiday Challenge. The board agreed with this as its less competition and sets us apart from others.
Old and New Business
• Long Range – the strategic report for TCDLA will be shared with LEI
• Meme for social media (office mate), Jim Darnell – someone needs to contact Cris Estrada and is ready to work on this.
Hyatt Regency (Chula Vista Room & Breakfast) San Antonio, Texas
Everyone make your reservations; it is important that everyone comes to interact with boards and committee members
MOTION: Adjourn
Motion to adjourn meeting at 9:11 am, made by Audrey Moorehead, seconded by Cory Clements – motion carries.
Respectfully submitted, Philip Wischkaemper TCDLEI Secretary
TCDLEI Board Committee
MINUTES
Tuesday, February 27, 2024
Zoom Meeting
Mission: The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education of criminal defense lawyers and their staff.
Introduction
Kyle Therrian started the meeting at 4:00 pm. A quorum was not present.
Roll Call:
P Kyle Therrian, Chair
P Jim Darnell, Vice Chair
P Philip Wischkaemper, Secretary | Treasurer
P Laurie Key, Immediate Past Chair
P Claudia Valdez Balli
P Samuel Bassett
A Lydia Clay-Jackson
A Cory Clements
P Don Flanary
P Steve Keathley
A Patrick McCann
P Angela Moore
P Audrey Moorehead
A JoAnne Musick
A Cynthia Orr
P David Ryan
P Gonzalo Serrano
P Mehr Singh
P Monroe Solomon
P Frank Suhr
A John Hunter Smith
Key: P = Present; E = Excused Absence; A = Unexcused Absence
Staff: Melissa Schank, Mari Flores
Welcome and Introductions, Kyle Therrian
Kyle welcomed and thanked everyone for their contributions and time to the board to achieve goals.
Chair Report, Kyle Therrian
Silent Auction Donations – 15 out of 100. Help us gather more donations. Keri will mail everyone the silent donation form so you can reach out to your contacts for donations.
Randy Wilson – He is not doing well. He has done so much for TCDLEI with his time and his generous contributions over the years. Melissa will get a card from LEI and LA for people to sign and will get it to him.
Daily Updates: Randy | CaringBridge https://www.caringbridge.org/visit/randywilson4
If you can send a note, it will go a long way to his office, and his officemate, Kristin Postell, has offered to take it to him. He is not able to use the phone right now due to hand paralysis.
Randy Wilson
104 Pine St Ste 408 Abilene, TX 79601-592
MOTION – December 3, 2023 Minutes
Motion to approve the TCDLEI Board Meeting minutes on December 3, 2023, in Round Rock, made by Angela Moore, seconded by Steve Keathley – motion carries.
TCDLA President’s Comments, Kyle Therrian
Kyle reported that he just returned from John Hunter Smith’s President’s trip and had a fantastic time, and it was a great CLE.
Chief Executive Officer Report, Melissa Schank
• Dashboard & Report Card – TCDLA Board Report Card is included for review. Includes board member responsibilities and will be looked at during nominations. We need two to three volunteers to assist in updating for TCDLEI.
• TCDLA Board Responsibilities Voice – Associate Fellow $750 is on the TCDLA Board Report Card as a requirement. In December, we had two opt-in, this is for each three- year term.
• Merchandise Report – We have all brand-new merchandise. We exceeded about $2k from the budget due to high demand items.
• Board Member Donations/Recruitment ($1500) - year starts September 1st
• Attendance at the TCDLA Quarterly Meeting, TCDLEI Booth, and Announcements
– We will send a list of upcoming quarterly seminars. If you are attending one of the events, let us know so you can announce who and what TCDLEI is, we have a script –you can read it or add your own flare! We will have a booth as usual during Rusty and will need volunteers.
• LEI Reception and Pachanga – Cynthia Orr, Gerry, and Christine Goldstein have graciously offered to allow Fellows and Super Fellows early entrance to the Pachanga. It will be at the same location as last year.
• TCDLEI Pins – We now have these in silver and gold; they are $5 each. We will send a notice to all; we will have them at the TCDLEI Rusty booth, run an ad in the Voice, and put it on social media periodically. Melissa will send an email with a link to the order.
• TCDLA Audit – TCDLA had their annual audit, and we received a report of a clean audit; Mari Flores and Cris Abascal, along with staff, do an amazing job ensuring all data and records are accurate.
Budget Committee Report, Philip Wischkaemper
• FY24 Budget Update – Philip gave a FY24 budget recap as of 1/31/24.
• Investment Update – an update was given on interest earned from September to January
• FY24 Audit – Audit bids have been requested in preparation for FY25 budget planning.
• Future Administrative Rate - Currently, the administrative rate paid by TCDLEI is $6,000 a year. We are looking to increase this amount gradually this year or next year. Looking at the performance of the investment account to help offset the additional expenses. We can talk more in detail about it at June’s board meeting. We will work on putting it into the FY25 budget.
Recognition of Donations November 16, 2023 – February 15, 2024, Kyle Therrian
Total Contributed - $26,289.16
• Associate Fellows $0
• Fellows $0
• Super Fellows $15,000
• Scholarships $1,039.16
• Comanche Club $0
• Bertha Martinez Trial College Travel Scholarship $0
• Charles Butts Law Student Scholarship $6,000
• Christine S. Cheng Memorial Asian-American Scholarship $0
• Kelly Pace Memorial Scholarship for New Lawyers $0
• Scrappy Holmes Indigent Defense Scholarship Fund $2,500
• Texas Criminal Trial College Alumni $750
• Building Fund $1,000
Sam Basset has requested to increase the Charles Butts Law Student Scholarship from $5K to $6K.
MOTION – Change Charles Butts Law Student Scholarship from $5K to $6K
Motion to change Charles Butts Law Student Scholarship from $5K to $6K, made by Jim Darnell, seconded by Steve Keathley – motion carries.
Review Inactive Funds, Melissa Schank
We are working on depleting funds and will provide another report in December 2024.
Recruitment and Obligations - Below are board members to recruit or donate $1,500 by June 1, 2024; staff can help with ideas to meet goals.
Claudia Balli
Lydia Clay-Jackson
Cory Clements
Jim Darnell
Don Flanary
Steve Keathley
Laurie Key
Patrick McCann
Angela Moore
Audrey Moorehead
Joanne Musick
Cynthia Orr
David Ryan
Gonzalo Serrano
Mehr Singh
Monroe Solomon
Frank Suhr
Kyle Therrian
Philp Wischkaemper
Kyle is encouraging everyone to make donations or help recruit donations as much as possible, especially at Rusty.
Scholarship Recipients, Kyle Therrian
• FY24 Scholarship Awards – there is a list in your packet, this fiscal year we have awarded 52 scholarships for $17,605. We have this quarter’s list in the packet; this is confidential due to financial needs.
• Charlie Butts Scholarship – This year’s recipient is Kiara Renae Vaughters. Kyle and Sam Bassett will present an award and check to Kiara at the TCDLA March Board meeting in Sugarland. We have included her application in the board packet if you want to learn more about her. If you are attending the Board dinner or meeting in Sugarland, introduce yourself.
Nominations, Jim Darnell
• Secretary/Treasurer - Let Melissa know if anyone is interested in getting into the officer chain
• Renewals - We are checking with everyone up for renewals to ensure this still fits their needs and they can meet their requirements.
• 1 New Board Position - Currently, we need one new member, and District 7 (link below) is not represented. Help us recruit! We will run in weekly news for a month, on social media, and run an ad in April's Voice. Melissa will send the board application to everyone so they can have conversations and find someone to assist in TCDLEI’s mission. We will vote on renewals and applications in June.
• BJA Grants, Melissa Schank – No report; we are still working on this.
• Fundraising Brochure & Letter - these are in the packet for you to make personal contacts. Use this to meet one on one.
• SBOT Life Insurance, Melissa Schank – They are looking to see if they can add TCDLEI as a drop-down option to select. Melissa asked if anyone has designated TCDLEI as a beneficiary and is waiting to hear back. We will put applications in every Rusty Duncan bag and will have some at the Rusty LEI booth.
• Golf, Laurie Key, Monroe Solomon, and Sam Bassett – The committee will be meeting during Rusty to discuss further.
• Donation Holiday Challenge Dec 2023, Monroe Solomon – Raised $1,311. The consensus is to continue doing this. Melissa will get an image together and bring it to
Monroe to update for the 2024 Holiday Challenge as needed. We will continue doing Giving Tuesday.
• Major Outside Donor Initiative, Kyle Therrian, Cynthia Orr, Angela Moore, and Pat McCann – no report at this time; agenda item should be kept for the future.
• Grant Writer, Cynthia Orr – no update.
• Sheet of Ideas, Kyle Therrian, and Melissa Schank – two sets in the packet. The idea to sign up for a reoccurring sustaining payment - look into making auto monthly donations.
• Coke Brothers, David Ryan - no update.
• Distinguished Lifetime Fellow certificates and letter, Melissa Schank – Working on a certificate and letter for $25k donors. Volunteers who will help with the vision for the certificate are Monroe, Kyle, Sam, and Mehr.
• Dobbs and Training Items, Audrey Moorehead, and Cynthia Orr – Audrey and Cynthia are working on looking at how we can incorporate some training.
• Mission Statement, Audrey Moorehead, and Cynthia Orr – Continuing to work on editing and hoping to finalize and vote on a new mission statement in June. It needs to be a concise and clear mission statement for use on grant applications and public documents.
• Diamond and Sapphire Pins, Cory Clements – Melissa will send the images and prices.
Old and New Business
• Long Range Planning Committee, Philip Wischkaemper – no update. We will send you TCDLA’s strategic plan for review and decide if LEI would like to go this route.
• Meme for social media (office mate), Jim Darnell – Cris Estrada is working on some memes.
Next Board Meetings:
In-Person: Friday, June 14, 2024, at 9:15 am Hyatt Regency (Chula Vista Room & Breakfast) San Antonio, Texas
Everyone make your reservations; it is essential that everyone comes to interact with boards and committee members. A $300 reimbursement will be available, or you can donate back.
The Law Offices of Nathan Miller, PLLC 1701 N Locust St Denton, TX 76201-3067
Work Phone: (940) 293-0550
Fax: (940) 293-0551
Term Ends:
George R. Milner, III
Fellow
Attorney
Milner & Finn
2828 N Harwood St Ste 1950
Dallas, TX 75201-2143
Work Phone: (214) 651-1121
Fax: (214) 953-1366
Term Ends:
David Ryan
Fellow
Attorney
Ryan & Associates
6161 Savoy Dr Ste 1116
Houston, TX 77036-3326
Work Phone: (713) 223-9898
Fax: (713) 223-8448
Term Ends:
Stanley G. Schneider Fellow
Schneider & McKinney, P.C.
5300 Memorial Drive #750
Houston, TX 77007
Work Phone: (713) 951-9994
Fax: (713) 224-6008
Term Ends:
Dwayne Jerel Simpson Fellow
Attorney at Law
The Simpson Law-Group 25511 Budde Road, Suite 2701
The Woodlands, TX 77380
Work Phone: (832)916-0702
Fax: (832) 430-7075
Term Ends:
Barry Sorrels Fellow
Sorrels Hagood
2619 Hibernia St
Dallas, TX 75204
Work Phone: (214) 774-2424
Term Ends:
Patrick O'Fiel Fellow
Attorney
The Law Office of Patrick O'Fiel, P.C.
222 Sidney Baker Street South Suite 500 Kerrville, TX 78028
Work Phone: (830) 792-5291
Fax: (830) 353-8021
Term Ends:
Barney W. Sawyer Fellow
Attorney
10199 US Hwy. 82 E Blossom, TX 75416
Work Phone: (903) 332-2125
Fax: (903) 784-0834
Term Ends:
Thomas Franklin Sellers Fellow
Attorney
Sellers Law Firm, PC 1612 SummitAve., Ste 200 Fort Worth, TX 76102
Work Phone: (817) 928-4222
Fax: (817)385-6715
Term Ends:
Monroe Solomon, III Fellow
Attorney
Nickols | White | Solomon 4200 West Vickery Suite 200 Fort Worth, TX 76107
Work Phone: (817) 617-7500
Term Ends:
Ronald T. Spriggs Fellow
Attorney 901 Business Mail.com 1011 S Jackson St Amarillo, TX 79101-3332
Work Phone: (806) 376-7260
Fax: (806) 372-3298
Term Ends:
Samuel R. Terry
Fellow
Samuel Terry
Law Offices of Samuel R Terry
115 N. Henderson Street
Fort Worth, TX 76102
Work Phone: (817) 882-9977
Fax: (888) 735-8305
Term Ends:
Keltin L. VonGonten
Fellow
Partner
Hurley, Guinn, Singh & VonGonten
1805 13TH ST
Lubbock, TX 79401-4022
Work Phone: 806-771-0700
Fax: (806) 763-8199
Term Ends:
Greg Westfall Fellow Partner
Cantey Hanger, LLP
415 Hazelwood Dr. W.
Fort Worth, TX 76107
Term Ends:
Thomas P. Wynne
Fellow
Attorney
Milner Wynne
1845 Woodall Rodgers Freeway #1500
Dallas, TX 75201
Work Phone: (214) 651-1121
Fax: (214) 953-1366
Term Ends:
Clifford W. Brown
Deceased
AttorneyAt Law
1601 Broadway
Lubbock, TX 79401-3120
Work Phone: (806) 763-9493
Fax: (806) 744-5411
Term Ends:
TonyA. Vitz
Fellow
Attorney
Vitz Law Firm 1413 HarrounAve McKinney, TX 75069-3430
Work Phone: (972) 569-8600
Fax: (888) 317-8776
Term Ends:
Teana V. Watson Fellow
Attorney
Fort Bend County Justice Center 1422 Eugene Heimann Way Richmond, TX 77469
Work Phone: (281) 491-4838
Fax: (832) 471-1848
Term Ends:
Judson K. Woodley Fellow
Attorney
Woodley & Dudley Law Office PO Box 99 Comanche, TX 76442-0099
Work Phone: (325) 356-2502
Fax: (325) 356-5193
Term Ends:
Jack B. Zimmermann Fellow
Attorney
Zimmermann & Zimmermann, PLLC. PO Box 3699
Conroe, TX 77305
Work Phone: (713) 552-0300
Term Ends:
Philip L. Burleson, Jr. Deceased
5068 W, Plano Pkwy. Ste,300 Plano, TX 75093
Work Phone: (972) 447-8216
Term Ends:
Charles L. Caperton
Deceased
Attorney
Charles L. Caperton, PC
3500 MapleAve Ste 400 Dallas, TX 75219-3933
Work Phone: (214) 651-8144
Fax: (214) 748-7067
Term Ends:
Buddy M. Dicken
Deceased
112 S Crockett St
Sherman, TX 75090-5906
Term Ends:
C. David Evans
Deceased
Term Ends:
George E. Gilkerson
Deceased
Attorney
George E. GilkersonAttorneyAt Law
PO Box 151
1704 14th Street
Lubbock, TX 79408-0151
Work Phone: (806) 763-7373
Fax: (806) 763-0928
Term Ends:
Harry R. Heard
Deceased
Atty. at Law
PO Box 531
Longview, TX 75606-0531
Work Phone: (903) 757-7655
Fax: (903) 753-4596
Term Ends:
Brandon T. Hudson
Deceased
Attorney
Brandon T. Hudson, P.C.
1815 San PedroAve
SanAntonio, TX 78212-3604
Work Phone: (210) 222-2297
Fax: (210) 222-9101
Term Ends:
Charles Carver
Deceased
Criminal District Court 13 Sandelwood Trail
Beaumont, TX 77706
Term Ends:
Louis Dugas, Jr.
Deceased
1804 N 16th St
Orange, TX 77630-3309
Work Phone: (409) 883-3506
Fax: (409) 883-4844
Term Ends:
Tim Evans
Deceased
301 Commerce St Ste 2001
Fort Worth, TX 76102
Work Phone: (817) 332-3822
Fax: (817) 332-2763
Term Ends:
John Hannah, Jr.
Deceased
221 W. Ferguson No. 100
Tyler, TX 75702
Term Ends:
Weldon Holcomb
Deceased
PO Box 114
Tyler, TX 75710-0114
Work Phone: (903) 597-5595
Term Ends:
Knox Jones
Deceased
PO Box 720848
McAllen, TX 78504-0848
Work Phone: (956) 686-1119
Fax: (956) 686-5064
Term Ends:
Robert D. Jones
Deceased
State of Texas
1607 Sharon Ln
Austin, TX 78703-3233
Work Phone: (512) 789-1034
Fax: (512) 473-2042
Term Ends:
George F. Luquette
Deceased
Term Ends:
Frank Maloney
Deceased
3106 Pleasant Run Pl
Austin, TX 78703-1163
Work Phone: (512) 476-4306
Fax: (512) 476-0001
Term Ends:
Charles M. McDonald
Deceased
149 County Road 1744
Clifton, TX 76634-3977
Work Phone: (254) 749-5073
Fax: (254) 622-2266
Term Ends:
George R. Milner, Jr.
Deceased
Attorney
Milner & Finn
2828 N Harwood St Ste 1950 Dallas, TX 75201-2143
Work Phone: (214) 651-1121
Fax: (214) 953-1366
Term Ends:
George C. Roland, Jr.
Deceased
7592 Fm 1377
Blue Ridge, TX 75424-6339
Work Phone: (972) 734-3005
Fax: (972) 734-3005
Term Ends:
Jack Paul Leon
Deceased
500 LexingtonAve
SanAntonio, TX 78215-1930
Work Phone: (210) 223-4254
Fax: (210) 227-7721
Term Ends:
Lynn Wade Malone
Deceased
McDonald & Malone
PO Box 488
Waco, TX 76703-0488
Work Phone: (254) 754-7317
Fax: (254) 754-1466
Term Ends:
John Mann
Deceased
115 W FosterAve
Pampa, TX 79065-6427
Work Phone: (806) 665-2555
Fax: (806) 665-9273
Term Ends:
Frank Bobbitt McGregor
Deceased
McGreer, McGregor & Carmichael
PO Box 284 66th Dist Court
Hillsboro, TX 76645-0284
Work Phone: (254) 582-4045
Fax: (254) 582-9911
Term Ends:
John J. C. O'Shea
Deceased
PO Box 2187
Lubbock, TX 79408-2187
Term Ends:
Thomas Gilbert Sharpe, Jr.
Deceased
PO Box 4648
Brownsville, TX 78523-4648
Work Phone: (956) 346-4435
Term Ends:
Stanley I. Weinberg
Deceased
Levin, Weinberg & Levin
12271 Coit RdApt 2111
Dallas, TX 75251-2313
Work Phone: (972) 386-3862
Fax: (214) 748-7048
Term Ends:
WilliamA. White
Deceased
Law Office of William White, P.C.
1307 WestAve
Austin, TX 78701-1715
Work Phone: (512) 476-1494
Fax: (512) 476-8050
Term Ends:
Roberto Jose Yzaguirre Deceased
Yzaguirre & Chapa
6521 N 10th St SteA
McAllen, TX 78504-3230
Work Phone: (956) 682-4308
Fax: (956) 682-7864
Term Ends:
Total Records 89
John T. White Deceased
Borger, TX Term Ends:
Garland G. Wier Deceased
Term Ends:
Robert J. Barrera
Associate Fellow
Attorney
Robert J. Barrera, P.C.
424 E Nueva
SanAntonio, TX 78205-3422
Work Phone: (210) 227-7372
Fax: (210) 224-5890
Term Ends:
Andrew John Decker
Associate Fellow
Daniel, Moore, Evans, Biggs, Decker, and Smid
301 Commerce St Suite 2001
Fort Worth, TX 76102
Work Phone: (817) 332-3822
Term Ends:
Lon Garner
Associate Fellow
The Garner Firm, P.C.
1216 N Central Expy Ste 203A
McKinney, TX 75070-3317
Work Phone: (972) 562-8280
Fax: (469) 714-0161
Term Ends:
Joseph Hoelscher
Associate Fellow
Attorney
Hoelscher Gebbia Cepeda, PLLC
909 NE Loop 410 Ste 500
SanAntonio, TX 78209-1398
Work Phone: (210) 222-9132
Fax: (888) 519-8229
Term Ends:
Adam L. Kobs
Associate Fellow
Attorney
Law Office ofAdam Kobs
310 S Saint Marys St Ste 1920
SanAntonio, TX 78205-3154
Work Phone: (210) 223-4177
Fax: (210) 223-4188
Term Ends:
Lara E. Bracamonte Davila
Associate Fellow
Attorney
Bracamonte Law, PLLC
104 East BoydstunAvenue Rockwall, TX 75087-4931
Work Phone: (214) 304-6640
Fax: (214) 504-1274
Term Ends:
Andrew L. Farkas
Associate Fellow
Law Office ofAndrew Farkas
6200 Chase Oaks Blvd Ste 102 Plano, TX 75023-4657
Work Phone: (972) 423-9393
Fax: (972) 424-1636
Term Ends:
Russell I. Gunter, II
Associate Fellow
Attorney
Chief Defender 1401 CricketsAve Lubbock, TX 79401
Work Phone: (806) 749-0007
Fax: (806) 749-0009
Term Ends:
Susan N. Kelly
Associate Fellow
Attorney
Law Office of Susan N. Kelly PO Box 1923 Waco, TX 76703-1923
Work Phone: (254) 751-1818
Fax: (254) 751-9192
Term Ends:
Brian Raymond
Associate Fellow
Attorney
202 W BeauregardAve SteA SanAngelo, TX 76903-5884
Work Phone: 325-703-6666
Term Ends:
Rick Russwurm
Associate Fellow
Moore Lewis & Russwurm
PO Box 718
Dumas, TX 79029-0718
Work Phone: (806) 935-9272
Fax: (806) 935-9354
Term Ends:
Fred M. Stangl
Associate Fellow
Attorney
Chappell, Lanehart & Stangl, P.C. 1217 Avenue K
Lubbock, TX 79401-4025
Work Phone: (806) 765-7370
Fax: (806) 765-8150
Term Ends:
JenniferAnn Zarka
Associate Fellow
Attorney
Zarka Law Firm
620 N Flores St
SanAntonio, TX 78205
Work Phone: (210) 468-0400
Fax: (210) 855-5630
Term Ends:
Total Records 16
As of 6/25/2024
Matthew J. Schlake
Associate Fellow
Schlake Law Firm 1415 HarrounAve McKinney, TX 75069
Work Phone: (469) 839-6655
Term Ends:
LaTawn White
Associate Fellow
Criminal DefenseAttorney
Law Offices of V LaTawn White, PLLC 110 W. LouisianaAve Suite 310 Midland, TX 79701
Work Phone: (432) 247-1620
Term Ends:
Larry Gist
Deceased
Senior Judge Drug Impact Court 215 Franklin Beaumont, TX 77701-3646
Work Phone: (409) 835-8506
Fax: (409) 839-2304
Term Ends:
• Meeting reminder calls to LCDB
Get to know your staff! The loop report is sent out every Friday to TCDLA and TCDLEI Board members and CDLP, Executive Committees. Below are three items highlighting what staff are working on this week. Feel free to contact any staff member with questions or assistance.
Melissa J. Schank
Chief Executive Officer | Bio | Hire Date: 1/1/2005 – 18 years | Full time
Paid Percentage Split: TCDLA 40.49% | CDLP 54.39% | INNO 5.12% mschank@tcdla.com | 512.646.2724 direct line | 512.619.2060 cell
Mari Flores
Chief Financial Officer | Bio | Hire Date: 2/1/2012 – 10 years | Full time
Paid Percentage Split: TCDLA 39.32% | CDLP 60.68% mflores@tcdla.com | 512.646.2727 direct line | 512.743.5149 cell
Rick Wardroup
Curriculum Director/Staff Attorney | Bio | Hire Date: 3/1/2011 – 11 years | Full time
TCDLA is seeking enthusiastic and motivated individuals for upcoming openings to its 2024–2025 committees. Committee descriptions and mission statements are listed on the website. Complete the form below and check one or more of the committees that you would be interested in serving on.
Responsibilities ofaTCDLA Committee Member:
1. Member of TCDLA.
2. Committees will provide advice, guidance and recommendations to the TCDLA President and/or Board of Directors on relevant matters related to their particular committee.
3. Committees will have assigned responsibilities associated with TCDLA’s strategic plan and objectives.
4. Meet throughout the year via zoom call and/or at quarterly board meetings.
5. Members are expected to review and respond to email requests in a timely fashion.
6. Committee Chairs are expected to prepare written reports for inclusion in the board packets for each board meeting. Any items requiring a decision of the Board should be included on agenda. Committee members will assist chairs in the preparation of reports.
7. Visit TCDLA website for committee mission statements and procedures.
Your information
Last name
First name
Law school Years in practice
Primary areas of practice
Contact information
Work phone Cell phone
Email
Committee preference: Select committees you would like to serve on or scan the QR code to complete the online form.
❏ Amicus (Brief) Curiae
❏ Bylaws
❏ Cannabis
❏ Capital Assistance
❏ Client Mental Health
❏ Corrections & Parole
❏ Crimmigration
❏ Diversity Justice & Inclusion
❏DWI Resources
❏ Ethics
❏ Federal Law
❏ Judicial Conduct
❏ Juvenile Justice
❏ Law School Students
❏ Listserv
❏ Long-Range Planning
❏ Managed Assigned Counsel
❏ Media Relations
❏ Membership
❏ Memo Bank
❏ New Lawyers
❏ Nexus (Seminars)
❏ Prosecutorial Conduct
❏ Public Defender
❏ Rural Practice
❏ Social Media
❏ Strike Force
❏ Technology & Communications
❏ Transcript
❏ Veterans Assistance
❏ Health & Wellness
❏ Women’s Caucus
Email the completed form with a brief resume. The form may include a personal statement describing your interest in serving on a committee to ksteen@tcdla.com by July 1, 2024 but accepted throughout the year
How to Donate
Annual Gift – Contact us to set up a recurring gift. You can donate to TCDLEI annually, quarterly, or monthly.
One time donation – We are always grateful for any donations we receive.
What Do You Get?
We have various levels of recognitions. All contributions are tax deductible.
$10,000+ - Gideon’s Trumpet:
Your name or your rm’s name will appear on signage for Rusty Duncan, the Tim Evans Texas Criminal Trial College, and the CDLP theme seminars. You will receive ve tickets to the Rusty Duncan awards luncheon. All the items below are also included.
$5,000 - $9,999 - Miranda’s Circle:
Your name or your rm’s name will appear in Voice for the Defense for an entire year (10 issues).
Three tickets to the Rusty Duncan awards luncheon. All the items below are also included.
$3,000 - $4,999 - Brady’s Bar:
Donors in this tier are acknowledged once a year in our magazine, Voice for the Defense.
Your name or your rm’s name will be featured annually on our website. Signage with your name or your rm’s name will be featured during the annual Rusty Duncan Advanced Criminal Law Course.
You will receive a Certi cate of Appreciation. You will receive a special gift.
You will be featured in the “Super Fellows” list on our website. You will receive one ticket to to the Rusty Duncan awards luncheon. All the items below are also included.
$1,500 - $2,999 - The Defender:
Your name or your rm’s name will appear on TCDLA.com for six months. All the items below are also included.
$750 - $1,499 - The Associate:
Your name or your rm’s name will be listed on the commercial run during seminar breaks.
Your name or your rm’s name will appear on TCDLA.com for three months. You will receive a letter of acknowledgment.
Texas Crimina l Defens e Lawyers Association
The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education
Who Are We?
Texas Criminal Defense Lawyers Education Institute (TCDLEI) is a non-pro t educational foundation supporting the Texas Criminal Defense Lawyers Association (TCDLA). The goal of TCDLEI is to promote the administration of justice in Texas by providing assistance to lawyers without the nancial ability to attend the various statewide o erings of criminal-based continuing legal education. Together, these organizations advance the following goal:
“To protect and ensure by rule of law those individual rights guaranteed by the Texas and Federal Constitutions in criminal cases; to resist the constant e orts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives though educational programs and other assistance; and through such cooperation, education and assistance to promote justice and the common good.”
In a state that leads the nation in prisoner executions, TCDLA has been in the forefront of a push to reform criminal jurisprudence nationwide—most notably in recent years in the crusade against “junk science,” awed forensic science, and untested or unproven theories presented as scienti c fact in the courtroom. Let there be no mistake about the gravity of this problem. False murder convictions in our state have found their origins in bite-mark analysis, blood-spatter patterns, questionable DNA and ngerprint analyses, and even arson investigation techniques.
But this only scratches the surface of problems in our criminal justice system. TCDLA o ers training on issues relating to:
• shaken-baby syndrome;
• reliability of eyewitness identi cation;
• withholding of exculpatory evidence, as well as lack of penalties for doing so;
• arbitrary prison sentences;
• racial bias in convictions and length of sentences;
• discrepancies among states in adjudged mental disability;
• reliability of expert testimony (and credentials);
• science associated with DWI convictions and eld drug-testing;
• problems in certi cation of medical examiners (some since discredited) or awed autopsies;
• crime labs that have been accredited despite a history of misconduct and sloppiness.
The proper functioning of our criminal justice system requires lawyers trained on discovering and addressing these types of issues—training that parallels if not exceeds that of a well-funded district attorney’s o ce. That is precisely what these two organizations do, year in and year out through o erings like The Rusty Duncan Advanced Criminal Law Seminar, Trial Lawyers College, and the Criminal Defense Lawyers Project—a traveling CLE circuit o ered at various locations throughout the State of Texas.
When factoring in air fare, hotel accommodations, and other miscellaneous expenses, the costs of attending these seminars can be prohibitively high for many attorneys. Every year TCDLEI provides scholarship opportunities to young attorneys, public defenders, and many others. But, our organization can only do this through the support of donors like you.
What You Provide
Your generous contribution to the TCDLEI can be applied in several ways to fund a variety of legal and educational services for our membership. All contributions are tax deductible.
Endowment Fund – Donations to this fund go toward various scholarships for law students, underrepresented groups, and new lawyers. TCDLEI provides over $50,000 in scholarships annually. These scholarships help with travel to various CLE seminars put on by TCDLA.
Our scholarships include:
• General Scholarships
• Christine S. Cheng Memorial Asian-American Scholarship & Travel Fund
• Charles Butts Law Student Scholarship
• Bertha Martinez Trial College Travel Scholarship
• Kelly Pace Memorial New Lawyer Travel Fund
• Associate Fellows Fund
• Fellows Fund
• Super Fellows Fund
Estate Fund – Please consider making TCDLEI a beneficiary in your estate plan. TCDLEI may receive property under a Last Will and Testament and also life insurance proceeds. This is a great way to be a TCDLEI Legacy donor. Contact us to get set up today.
Capital Fund – Our home in Austin is our headquarters and is almost 20 years old. We anticipate our building will require a roof replacement and our flood-damaged concrete floors will need repair. We need your help to raise a minimum of $30,000 to maintain our home.
Texas Criminal Defense Lawyers Educational Institute
Make a Difference Support an Attorney
The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education of criminal defense lawyers and their staff. Your generous tax-deductible contribution to the Texas Criminal Defense Lawyers Educational Institute can be applied in several ways to fund a variety of legal and educational services for our membership. Deserving members without the wherewithal to attend our seminars can get financial aid o help in their continuing legal education.
Pledge Options
Choose a fund that’s near and dear to you:
q ASSOCIATE FELLOWS FUND ($750) q FELLOWS FUND ($1500)
q In one lump sum q Quarterly q Monthly
I would like to designate this donation for use on these specific funds: Donate Monthly in the amount of $_________
SUPER FELLOWS FUND ($3000) q in __________ payments of $ __________
q CHARLES BUTTS LAW STUDENT SCHOLARSHIP in the amount of $_________
q CLE SCHOLARSHIPS in the amount of $__________ COMANCHE CLUB in the amount of $__________
q CHRISTINE S. CHENG MEMORIAL ASIAN-AMERICAN SCHOLARSHIP & TRAVEL FUND in the amount of $__________
q BERTHA MARTINEZ TRIAL COLLEGE TRAVEL SCHOLARSHIP in the amount of $__________
q KELLY PACE MEMORIAL NEW LAWYER TRAVEL FUND in the amount of $__________
q CLIFTON "SCRAPPY" HOLMES MEMORIAL INDIGENT DEFENSE SCHOLARSHIP FUND in the amount of $__________
q 25K DISTINGUISHED LIFETIME FELLOW $__________ BUILDING FUND in the amount of $__________
CDLP Mission Statement CDLP Committee CDLP Committee Minutes | June 2023 - March 2024
CDLP Seminar Summary
CDLP Financials and Budget Grant Guidelines
Paul F. Tu
Chair
Attorney
Arrington, Tu Burnett
200 South 10th Street
Richmond, TX 77469
Work Phone: (713) 774-2800
Fax: (713) 774-2808
Term Ends:6/21/2025
Jeep Darnell
Immediate Past Chair
Attorney
Jim Darnell, P.C.
310 N Mesa St Ste 212
El Paso, TX 79901-1301
Work Phone: (915) 532-2442
Fax: (915) 532-4549
Term Ends:6/21/2025
Angelica Cogliano
Committee Member
Attorney
Cogliano Law Firm
505 W 12th St. Ste. 206
Austin, TX 78701
Work Phone: (512) 478-0758
Term Ends:6/21/2025
Lance Evans
Committee Member
Daniel, Moore, Evans, Biggs, Decker and Smid (Not a Partnership)
301 Commerce, Suite 2001
Fort Worth, TX 76102
Work Phone: (817) 332-3822
Fax: (817) 332-2763
Term Ends:6/21/2025
Amanda Hernandez
Committee Member
Attorney
Flanary Law Firm, PLLC
100 NE Loop 410, Ste 650
SanAntonio, TX 78216
Work Phone: (210) 738-8383
Fax: (210) 728-3438
Term Ends:6/21/2025
PattyA. Tress
Vice Chair
Attorney
Law Office of PattyA. Tress
222 E. McKinney Suite 210 Denton, TX 76201-2900
Work Phone: (972) 325-1758
Fax: (940) 222-2769
Term Ends:6/21/2025
Roberto Balli
Committee Member
Attorney PO Box 1058
Laredo, TX 78042-1058
Work Phone: (956) 712-4999
Fax: (956) 724-5830
Term Ends:6/21/2025
Nicole DeBorde Hochglaube
Committee Member
Attorney
Hochglaube & DeBorde, PC 3515 Fannin St.
Houston, TX 77004
Work Phone: (713) 526-6300
Fax: (713) 808-9444
Term Ends:6/21/2025
Paul S. Harrell
Committee Member
Attorney
Law Office of Paul S. Harrell
703B E Main St
Gatesville, TX 76528-1431
Work Phone: (254) 404-3323
Fax: (254) 404-2183
Term Ends:6/21/2025
Sean Hightower Committee Member
Hightower, Franklin, & James 115 South St
Nacogdoches, TX 75961-5539
Work Phone: (936) 560-3300
Fax: (936) 560-5600
Term Ends:6/21/2025
Laurie L. Key
Committee Member
Attorney
Law Office of Laurie L. Key
1213 Avenue K
Lubbock, TX 79401-4025
Work Phone: (806) 771-3933
Fax: (806) 771-3935
Term Ends: 6/21/2025
Ryan Michael Kreck
Committee Member
Attorney
Wynne, Smith & Young
7300 S.H. 121, Suite 300 Office 393
McKinney, TX 75070
Work Phone: (903) 893-8177
Fax: (469) 777-4389
Term Ends: 6/21/2025
Jason Lee Parrish
Committee Member
Attorney
Holmes, Moore, Waldron & Parrish, PLLC.
110 W Methvin St
Longview, TX 75601-6307
Work Phone: (903) 758-2200
Fax: (903) 758-7864
Term Ends: 6/21/2025
Annie Scott
Committee Member
Attorney
Law Office ofAnnie Scott
PO Box 218227
Houston, TX 77218-8227
Work Phone: (281) 846-5020
Fax: (281) 715-2825
Term Ends: 6/21/2025
Catherine S. Stanley
Committee Member
Kearney Law Firm
3100 W. 7th St. Ste. 420 Fort Worth, TX 76107-2793
Work Phone: (817) 336-5000
Fax: (817) 336-5600
Term Ends: 6/21/2025
Adam L. Kobs
Committee Member
Attorney
Law Office ofAdam Kobs
310 S Saint Marys St Ste 1920 SanAntonio, TX 78205-3154
Law Office of Sarah Roland 903 N Elm St Ste 101 Denton, TX 76201-6926
Work Phone: (940) 323-9305
Fax: (940) 312-6830
Term Ends: 6/21/2025
Monique Chantelle Sparks Committee Member
Attorney
The Sparks Law Firm 1923 Blodgett St Houston, TX 77004-5111
Work Phone: (713) 520-7000
Fax: (713) 520-7013
Term Ends: 6/21/2025
Clay B. Steadman Committee Member
Attorney
Jesko & Steadman 612 Earl Garrett St
Kerrville, TX 78028-4535
Work Phone: (830) 257-5005
Fax: (830) 896-1563
Term Ends: 6/21/2025
Rebecca Spencer Tavitas
Committee Member
Director of Operations
El Paso County Public Defender's Office
500 E. SanAntonioAve. Ste. 501
El Paso, TX 79901-2434
Work Phone: (915) 546-8185
Fax: (915) 546-8186
Term Ends: 6/21/2025
Thomas P. Wynne
Committee Member
Attorney
Milner Wynne
1845 Woodall Rodgers Freeway #1500
Dallas, TX 75201
Work Phone: (214) 651-1121
Fax: (214) 953-1366
Term Ends: 6/21/2025
Melissa J. Schank
Staff
Chief Executive Officer
Texas Criminal Defense LawyersAssociation
6808 Hill Meadow Dr
Austin, TX 78736-1948
Work Phone: (512) 646-2724
Fax: (512) 469-0512
Term Ends: 6/21/2025
Total Records 25
Kyle T. Therrian
Committee Member Partner
Rosenthal, Kalabus & Therrian
7300 State Highway 121 Suite 400 McKinney, TX 75070
Work Phone: (972) 369-0577
Fax: (972) 369-0532
Term Ends: 6/21/2025
David Guinn
TCDLAPresident | Ex-Officio
Attorney
Hurley, Guinn, Singh & VonGonten 1805 13th St
Lubbock, TX 79401-3823
Work Phone: (806) 771-0700
Fax: (806) 763-8199
Term Ends: 6/21/2025
Criminal Defense Law yers Project Minutes
Friday, June 16, 2023
Hyatt Regency, Chula Vista San Antonio, TX
Introduction
Monique Sparks, Chair, calls the meeting to order at 10:30 am A quorum was present.
Roll Call:
P Monique Sparks, Chair
P Jeep Darnell, Vice Chair
E Adam Kobs , Past Chair
P Kerri Anderson Donica
A Roberto Balli
P Heather Barbieri
P Anne Burnham
P Jessica Canter
P Lydia Clay-Jackson
P Nicole Deborde Hochglaube
P Joseph Esparza
P Lance Evans
P David Guinn
A Thuy Le
P J ani Maselli Wood
P Dustin Nimz
A Scott Pawgan
P Sarah Roland
P David R yan
P Annie Scott
P J ohn Hunter Smith
P Clay Steadman
P Patty Tress
P Paul Tu
Key: P = Present; E = Excused Absence; A = Unex cused Absence
Staff : Melissa Schank, Mari Flores, Rick Wardroup
Guests: Damon Parrish, Thomas Wynne, Joseph Hoeschler, Ryan Krech and Jason Parrish.
Quarterly Reports and Comments fro m the Chair, Monique Sparks
Welcomed committee members. Thanked the committee for their hard work over the past year. Ended up making numbers for Marfa which was a concern at the last meeting. Appreciate everyone that helped push attendance. Thanked Heather for the opportunity by appointing her as Chair for CDLP.
02/22/2023 - 02/22/2023 FIDL - Bail Reform Training Webinar CDR: Mark Hochglaube
02/23/2023 - 02/23/2023 12th Annual Hon. Craig Washington Houston CDR: Sarah R. Guidry, Zahra Buck Whitfield, Anthony Haughton, Katherine Case, and Brian Ehrenberg
02/24/2023 - 02/24/2023 Rural Roundtable Webinar CDR: Dean Watts
02/28/2023 - 02/28/2023 "State of the Law" - Post Dobbs Webinar CDR: Nicole DeBorde Hochglaube
03/22/2023 - 03/22/2023 Innocent or Guilty? Zealously Advocating for Your Client Houston CDR: Molly Bagshaw
03/24/2023 - 03/24/2023 New Lawyer Roundtable Webinar CDR: Patty Tress
03/26/2023 - 03/31/2023 46th Tim Evans Texas Criminal Trial College Huntsville CDR: Kerri Anderson Donica and Lance Evans
03/26/2023 - 03/27/2023 Operation Lone Star Conference Austin CDR: Amrutha Jindal and Doug Keller
04/14/2023 - 04/14/2023 Journey To Justice | Marfa CDR: Dick DeGuerin, Shane O'Neal, Liz Rogers, Jeep Darnell & Monique Sparks
04/14/2023 - 04/14/2023 Juvenile Law Austin CDR: Kameron Johnson
MOTION: Minutes – March 04, 2023
Motion to approve the minutes on March 04, 2023, from the CDLP Committee Meeting held in Houston, TX, made by John Hunter Smith, seconded by Lydia Clay-Jackson - motion carries.
TCDLA President’s Comments, Heather J. Barbieri
Monique commended Heather for all her great work during the year. Heather thanked Nicole for her help on Dobbs.
Chief Executive Officer’s Report, Melissa Schank
• CDLP Trademark – Finally approved.
• FY20/FY21/FY22 CCA Audit Update – Still pending to complete from CCA Auditor, waiting to hear on status.
CDLP FY22
2 checks voided
Ck# 16631, $211.56
Ck# 16785, $1,127
A check was cut for the balance of the voided checks to the CCA: Ck# 17240, $1,338.56
PD FY22
1 check voided
Ck# 1900, $739.31
A check was cut for the balance of the voided check to the CCA: Ck# 1972, $739.31
• FY23 CCA Performance – CDLP: projected 2305 | actual 2712
Mental Health: projected 840 | actual 684
Innocence: projected 520 | actual 474
Some of the affiliates didn’t meet projections, Women’s and Race seminars attendance was low due to several competition at the same time. Combining this seminar next year and for Veterans – going to make virtual only next year to see if numbers increase, course directors would still like this live
• FY23 Grant Update (SB42, Cash Flow, PD/Judge Travel Stipends, Program Income, Unexpended Balance (UB) Carryover) – Requesting $386k from UB to use for the remainder of the year.
CDLP $125k UB, Innocence $132k UB, Mental Health $152k UB
• Judges Grant Bill – Awarded 40 at $500, several canceled due to not wanting to pay registration, we reawarded those
• Pending: Position Caps (other grantees) – will ask for the next two positions to get close to parity with TDCAA as much as we can. Meal Limits still under review.
• CCA Update – The legislature passed a salary cap increase of 5% for next fiscal year for state employees. We are including a 5% cap increase in FY24 budget. In January 2019 TCDLA requested for parity and gave a detailed analysis of all grantees, we were notified a 15% salary cap was approved for all grantees and then were told we were only allowed to use 4%. The 2023 cost of living expense is 8.7% and in 2022 it was 5.9%. We have submitted a request with history the Grant has always awarded grantees the same salary cap increase provided by the state.
• Seminars and Grant Disallowances – Grant disallowance only for the four February seminars held in Houston, including the normal speaker dinner tips and taxes for all seminars.
• $750 Travel Caps – remains at $750, not approved for additional even though we do have additional funds.
• FY24 Grant Budgets (CDLP, Innocence, PD, Mental Health) * – Depleting all of the extra UB from past COVID years, significantly reduced travel stipends mainly for mental health and innocence seminars. Travel stipends will be limited to $250. Mental Health has a new rider, LBB is moving a lot of items but still dedicated funds. Inflation is still high for food and venues; registration fee will increase to $40. We will provide lunch and continental breakfast when we can. PD Stipends: approved half of 100k for FY24
MOTION: Approve FY24 Grant Budgets: CDLP, Innocence, Public Defender, and Mental Health
Motion to approve the FY24 Grant Budgets: CDLP, Innocence, Public Defender, and Mental Health, made by Kerri Anderson Donica, seconded by Lydia Clay-Jackson - motion carries.
CDLP Upcoming Seminars, Monique Sparks
Journey to Justice Theme Update & Upcoming Seminars
July 13-14: South Padre Island
Invitations have been sent. Encourage anyone to attend.
Upcoming Programs July through August
August 11: San Antonio - SACDLA
August 17: Austin – Building Blocks for New Lawyers
August 17-18: Austin - Innocence Work
August 24-25: Austin – Floyd Jennings Mental Health
Livestream & Webinars
New Lawyers Future Indigent Defense Leaders
August 21: Mindful Monday
Other Programs Available for Affiliate Bars
Legislative & Bail Reform Updates
Mental Health for Attorneys or Clients
Innocence & Forensics
Other Programs for Law Schools
Innocence Forensics Career Pathways
CDLP Orientation, John Hunter Smith
South Padre Island
Members Retreat with President-Elect John Hunter Smith, July 12-16, 2023
Trainer of Trainers, July 12, 2023
Journey to Justice, July 13-14, 2023
TCDLA, CDLP and TCDLEI Orientation, July 15, 2023
Old and New Business
• Mentors for New Speakers, Monique Sparks
Thanked those who worked with their mentors and encouraged those staying on for next year to reach out to the next group of speakers.
• New Speakers for Trainer for Trainers, Monique Sparks
Announced new incoming FY24 Chair, Jeep Darnell and Vice Chair, Paul Tu.
• Presentation of Gift to Chair, Jeep Darnell
Jeep presented an award to Monique Sparks and thanked her for a great year.
• FY 2023-2024 Chair, Jeep Darnell and Vice Chair, Paul Tu
• Riding for the Defense - Theme and Comments, Jeep Darnell Jeep gave an overview of his theme for the upcoming year.
Next Meeting: September 9, 2023: 9:15 am
Aloft Hotel – Dallas
Board Dinner TBD – Friday, September 8th at 7:00 pm Hotel Reservation Deadline: August 31, 2023 or until filled, whichever occurs first. Rooms will sell out fast, book now. There will be a new topic on Evidence with a fact pattern, join us.
MOTION: Adjourn
Motion to adjourn meeting at 11:24 am, made by David Guinn seconded by Nicole DeBorde Hochglaube – motion carries.
Respectfully submitted,
Melissa Schank Chief Executive Officer
Criminal Defense Lawyers Project
Minutes
Saturday, September 9, 2023
Aloft Hotel
Dallas, TX
TCDLA Purpose: TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives through educational programs and other assistance; and through such cooperation, education, and assistance, to promote justice and the common good.
Introduction
Jeep Darnell, Chair, calls the meeting to order at 9:23 am. A quorum was present.
Roll Call:
P Jeep Darnell, Chair
P Paul Tu, Vice Chair
A Monique Sparks, Past Chair
P Gene Anthes
A Roberto Balli
P Angelica Cogliano
P Nicole Deborde Hochglaube
P Lance Evans
E David Guinn
E Paul Harrell
P Amanda Hernandez
P Sean Hightower
P Adam Kobs
P Ryan Michael Kreck
P Damon Parrish, II
P Jason Lee Parrish
P Sarah Roland
P Annie Scott
P John Hunter Smith
E Rebecca Spencer Tavitas
E Catherine Stanley
E Clay Steadman
P Patty Tress
P Thomas Wynne
Key: P = Present; E = Excused Absence; A = Unexcused Absence
Staff: Melissa Schank, Mari Flores, Keri Steen, and Grace Works
Quarterly Reports and Comments from the Chair, Jeep Darnell Jeep welcomed everyone to his first meeting as CDLP Chair. Jeep asked everyone to introduce themselves.
Grant applications have been approved for the amounts we asked for, there is more money allocated at the legislature, but we are unsure if there will be additional funds.
CDLP - Fund 540: $1,591,177
Innocence: $160,765
Public Defense: $92,825
Mental Health: $121,014
With additional expenses and penalties for onsite registration, we are going to have to charge everyone onsite registration fees. In the past, we had waived these fees for public defenders but can no longer do this, they will still be complimentary if they preregister. We will be communicating the onsite fees to public defenders in all outlets we have.
With expenses increasing and funding remaining the same we have also increased the pre-registration fee from $35 to $40. We always have the verbiage that if someone is financially unable to pay, we can give them a scholarship.
Next year when reviewing affiliate programs, we will need to look at attendance they anticipated versus actual registration and if they canceled a program, we added in the grant application. Canceling hurts us when reporting to the Legislative Budget Board. If not done correctly we are fined up to $1000 and our participant counts suffer.
We also need to look at evaluations when selecting course directors If they are not attending Trainer for Trainers or trying to improve this does not look favorable for us getting programs approved. The court now has new Judges, and we need to continue to have positive evaluations. We had a few this year that we have made adjustments to improve for next year.
We appreciate the Course Directors for the programs last quarter from 5/16/23 to 8/31/23, 16 courses, 1487 attendees and over 60 hours of CLE.
CDLP Seminars 5/16/23 – 8/31/23
5/18/2023
North Texas Criminal Defense Lawyers Association CLE - Wichita Falls
5/19/2023 Ethics - Dallas
6/13/2023
6/14/2023
6/14/2023
Kathleen Casey-Gamez, Chief Public Defender Training - San Antonio
Alyse Ferguson, Mental Health - San Antonio
Patrick McCann and David Ryan, Capital Litigation - San Antonio
6/14/2023 Jessica Canter and Clifford Duke, Public Defender Training - San Antonio
7/12/2023
7/13-14/23
Monique Sparks and Jeep Darnell, Trainer of Trainers - South Padre Island
Monique Sparks, Bobby Lerma and Jeep Darnell, Journey to Justice –South Padre Island
7/17/2023 Rick Wardroup, Mindful Monday - Effectively Working with Social Workers
8/17/2023
Kyra Leal, Jason Parrish and Patty Tress, Building Blocks for a Next Level Criminal Defense Attorney - Austin
8/17-18/2023 Mike Ware and Gary Udashen, Innocence Work for Lawyers - Austin
8/21/2023
Alyse Ferguson and Rick Wardroup, Mindful Monday
8/24-25/2023 Barbara Drumheller, Eric J. Davis, Lori Gooch, Michael Moore and Mona Kermani, Dr. Floyd Jennings Mental Health Symposium - Austin
MOTION: Minutes – June 14, 2023
Motion to approve the minutes from June 14, 2023, CDLP Committee Meeting held in San Antonio, made by John Hunter Smith, seconded by Paul Tu - motion carries.
TCDLA President’s Comments, John Hunter Smith
Heard great things about the seminar in Austin, thanked everyone for helping bring in the numbers needed. We need attendees at our CDLP seminars if you are local come and bring someone with you to the seminar. Jeep also asks that anyone near the road show seminars to please attend and bring someone with you.
Chief Executive Officer’s Report, Melissa Schank
• Evaluation Comments – The CCA has reviewed comments. Speakers with low scores or negative comments will need to attend trainer for trainers online or in person or work with the course director for improvement.
• FY20/FY21/FY22 CCA Audit Update – Still working on FY20.
• FY23 Grant Update (SB42, cash flow, PD stipends, Judge travel stipends, Program Income, Unexpended Balance carryover) - The grant books will close November 30th and any unused funds will be moved to FY24 budgets for approval.
• FY23 CCA Performance - Met performance attendance for all budgets. Congratulations to you all for helping make this happen.
• Judge Stipends – We will submit for FY24 Judge travel stipends. If you know anyone, encourage them to apply.
• CCA Requests – The CCA approved a 5% cost of living for raises only and a part-time to full time position was approved for FY24. The Psychodrama program and Psychodramatists fee were also approved. Pending is increasing meal limits and hotel room rates
• Seminars and Grant Disallowances - $7500 estimated grant disallowances paid by TCDLA for FY23, which was budgeted. TCDLA budgeted the same amount for FY24
• FY24 Grant Budgets (CDLP, Innocence, PD, Mental Health) – The budgets were submitted and have been approved by the CCA
• FY24 Grant Awards - We were awarded the amounts requested. Public defender travel stipends increased for FY24. Carryovers will be finalized on November 30th. There is extra money but not awarded because it is not guaranteed the LBB will have it. One grantee did not get any awards and the Judges got an increase.
• FY 24 PD Stipends – Additional $50k was available at the last minute by LBB and we resubmitted the budget to include this.
• $750 Travel Caps – Public defenders have a $750 cap available per year. It is first come, first serve An email will be sent out, Mental Health and Innocence programs have travel stipends available. Due to funding a limited number of CDLP programs have travel stipends available for non-public defenders.
• CCA Update – Regarding program income, a request was sent for us to submit brochures and registration forms - program income must be detailed, we are doing both already. Thank the court when you see the Judges, the grants are administered by Judge Hervey.
CDLP Upcoming Seminars, Jeep Darnell
We recently had our legislative update by David Gonzales, and we had 310 attendees, it is also available online for free to everyone.
Upcoming CDLP Programs September through December
• Riding for the Defense - We have filled all of our speaking slots from those who attended trainer of trainers in person or have completed the online training. We do have a waitlist of speakers on standby. Jeep talked about the series and encouraged attendance if they are nearby.
• September 15: McKinney, we need attendance at this seminar. If you are in the area, come out to support and bring someone with you.
• October 27: South Padre Island, we will be duplicating this program at the request of the local group The local bar has recently been created and they feel if we bring the event to SPI they can recruit people from all surrounding areas, and some may want to stay over on Friday evening. The local attorneys do not attend the July event due to courts being closed the whole month and most are vacationing.
• December 15: Denton, Patty Tress puts on an amazing Jolly Roger seminar!
Additional Programs
• October TBD: Dallas - Immigration with DCDLA
• October 4-7: Roundtop – Advanced Trial Skills
• October 5-6: Austin – Corrections & Parole, The Corrections and Parole, Executive and Board voted to rename this program in honor of Bill Habern to the Bill Habern Corrections and Parole Seminar.
There will be a reception in honor of Bill at the October program and his wife, Connie, will be in attendance. Bill was a pillar for Corrections and Parole.
• October 11: Austin – Innocence for Students, please help us get the word out to students, if you are a professor or know someone that is, we pay for law school students to come to these events The Innocence Project of Texas has exonerees speak and then they have the opportunity to attend two days of Forensics, October 12-13. Travel and hotel are covered. Students get to network with attorneys who come to the Forensics seminar.
• October 12-13: Austin - 20th Annual Forensics
• October 13-14: Ruidoso – El Paso Law Group
• October 20: San Antonio – Nuts and Bolts with SACDLA
• November TBD: Houston – Donald Davis Mental Health with HCCLA
• November 16: Allen – Mental Health Symposium with Collin County
• December 14: San Antonio – Against All Odds with SACDLA
• November 16: Dallas – Capital Litigation to assist with marketing we are sending out a postcard with all the dates for Capital and Mental Health
• November 17: Dallas – Mental Health we will have funds for travel reimbursements.
Livestream and webinars
We are always looking for speakers on mental health for the client or the member. We have had several suicides recently and we are trying to send out all our videos periodically. We are working with the Wellness committee to have additional resources available in addition to SBOT’s. The Legislature has Mental Health as one of the top priorities. If anyone has any topics or speakers or can speak, we encourage you to contact Melissa. We are recording events and putting them online, we have had several mishaps with A/V companies on recordings missing sound or picture, service price has tripled, and service is not good or experienced.
• September 18: Mindful Monday
• November 20: Mindful Monday
• December 18: Mindful Monday
Committee ideas for mental health promotion:
1. Postcard to include all mental health trainings for mail outs.
2.Come up with topics that encompass all aspects of mental health.
3. Try to advertise better to distinguish between seminars having client mental issues versus lawyer mental health issues.
4.Suggestions to have group settings to talk as opposed to lecture form. Table discussions and have a leader.
5.At an anchor seminar have 15-30 mins dedicated to someone telling a personal story or sharing something in mental health regard that could help.
CDLP seminars that include topics of mental health we will include the participants in the mental health budget to get credit for these mental health trainings.
Putting resources together through wellness committee. If anyone is interested in getting involved with these committees let us know.
Other Affiliate Bars
We will continue to offer our programs to go to local areas for Legislative Updates, Innocence, and mental health topics. We can provide a speaker or two, snacks or lunch to add to a local bar’s meeting or standalone training.
Law Schools
We are working with Law School Committee and TIDC to go to all the law schools and be on a panel to promote and recruit lawyers to criminal defense. Many of the PD and MAC offices need attorneys. Innocence & Criminal Defense for Law Schools:
• September 14: Texas A&M Law
• September 19: South Texas College of Law
• September 20: University of Houston Law Center
• October 9: Texas Tech School of Law
• Tentative: Thurgood Marshall School of Law
• Tentative: University of Texas Law
We are accepting Trial College applications until 5pm on December 29, 2023. Trial College will be held March 17-22, 2024. Staff will share the marketing email. We encourage everyone to try to recruit two lawyers that would benefit from our signature program, we only take 80 attendees. The fee is $150 which includes hotel, breakfast and lunch and a few dinners.
CDLP Orientation, Jeep Darnell
Start thinking of names to submit for Trainer for Trainers, send to Melissa and we will keep a running list. We will be reaching out to some course directors for their future programs to assist with speakers or those that may need to attend the training prior to speaking again. Staff have created the online version of Trainer for Trainers for those who cannot attend in person. After watching the series of videos there is a test they will take and then they can be added to the speaking circuit.
South Padre Island
Members’ Retreat with President-Elect David Guinn, July 12-16, 2024
Trainer of Trainers, July 10, 2024
Riding for the Defense, July 11-12, 2024
TCDLA, CDLP and TCDLEI Orientation, July 13, 2024
Old and New Business
• Mentors for New Speakers, Jeep Darnell
Everyone needs to reach out to their mentee regarding PPT, paper and deadlines. Have them practice with you before they speak for the first time. We have several events in September and October, we want them to review their paper and let them practice their presentation on zoom and offer constructive criticism. It is important they provide materials on time. Melissa will send out the mentor and mentee list.
Next Meeting: Saturday, December 2nd at 9:15 am
Kalahari Resorts | $129 S/D
3001 Kalahari Blvd
(877)525-2427 Hotel Cut-Off: 11/15/23 Round Rock, TX 78665
MOTION: Adjourn
Motion to adjourn meeting at 10:15 am, made by Nicole DeBorde Hochglaube, seconded by Sarah Roland – motion carries.
Respectfully submitted,
Melissa Schank Chief Executive Officer
Criminal Defense Lawyers Project
MINUTES
Saturday, December 2, 2023
Kalahari (Salon A), Round Rock, Texas
TCDLA Purpose: TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives through educational programs and other assistance; and through such cooperation, education, and assistance, to promote justice and the common good.
Introduction
Jeep Darnell, Chair, calls the meeting to order at 9:23 am. A quorum was present.
Roll Call:
P Jeep Darnell, Chair
P Paul Tu, Vice Chair
P Monique Sparks, Past Chair
P Gene Anthes
A Roberto Balli
P Angelica Cogliano
P Nicole Deborde Hochglaube
P Lance Evans
P David Guinn
P Paul Harrell
P Amanda Hernandez
P Sean Hightower
P Adam Kobs
P Ryan Michael Kreck
A Damon Parrish, II
P Jason Lee Parrish
P Sarah Roland
P Annie Scott
P John Hunter Smith
P Rebecca Spencer Tavitas
P Catherine Stanley
P Clay Steadman
P Patty Tress
P Thomas Wynne
Key: P = Present; E = Excused Absence; A = Unexcused Absence
Staff: Melissa Schank, Mari Flores, Rick Wardroup
Quarterly Reports and Comments from the Chair, Jeep Darnell Jeep welcomed everyone. Hopefully, everyone had a great dinner last night for those who attended.
Reimbursements – a reminder we cannot reimburse for snacks or grocery items or meals provided at the seminars (breakfast and lunch); we cannot reimburse for tips, including Uber tips.
We appreciate the Course Directors for the programs last quarter from 9/1/23 to 11/15/23 10 courses, 1,133 attendees and over 88.5 hours of cle, with 5.5 ethics.
CDLP Seminars 9/1/23 to 11/15/23
09/01/2023 Legislative Update, Livestream – David Gonzalez
09/15/2023 Riding for the Defense, McKinney - Kyle Therrian 09/18/2023 Mindful Monday, Livestream – Rick Wardroup
10/04-10/07/2023 Advanced Trial Academy XI, Round Top - Justin Kiechler and Monique Sparks
10/05-10/06/2023 Bill Habern Corrections and Parole Seminar, Austin - Gene Anthes, Gary Cohen, and Dave O’Neil
10/11/2023 Innocence for Students, Austin – Mike Ware
10/12-10/13/2023 20th Annual Forensics, Austin - Angelica Cogliano, Rob Cowie, Rick Wardroup, Philip Wischkaemper
10/13-10/14/2023 29th Annual El Paso Criminal Law Seminar, New Mexico – U.S. Magistrate Judge Miguel A. Torres & Jeep Darnell
10/20/2023 Nuts & Bolts W/ SCDLA, San Antonio – Trisha Morales Padia
10/27/2023 Riding for the Defense, South Padre Island – Cesar De Leon and Jose Ozuna
MOTION: Minutes – September 9, 2023
Motion to approve the minutes from September 9, 2023, CDLP Committee Meeting held in Dallas, made by Nicole Deborde Hochglaube, seconded by Angelica Cogliano - motion carries.
TCDLA President’s Comments, John Hunter Smith
John appreciates everyone’s hard work. Thank you for everything you do.
Chief Executive Officer’s Report, Melissa Schank
• FY20/FY21/FY22 CCA Audit Update – FY20 audit complete, currently working on FY21.
• FY23 Grant Update (SB42, cash flow, PD stipends, Judge travel stipends, Program Income, Unexpended Balance carryover) – All books were closed on November 30th, and unused funds were moved to the FY24 budget for Operation Lone Star Training and covering travel stipends for other programs.
• FY24 Grant Budgets (CDLP, Innocence, PD, Mental Health) – revised budgets have been submitted.
• CCA Performance - Met performance attendance for all budgets in FY23. We need to make sure we meet the projected attendance for all seminars.
• Judge Stipends – CCA approved $20,000, and notification has been sent out. We will pay up to $750 for a travel stipend. They will have to register and pay the discounted Judge Rate for Rusty of $250.
• PD Stipends – An additional $50,000 is available, a notification has been sent out.
• CCA Requests – The state comptroller denied increasing meal limits and hotel room rates
• Reimbursement items – Reminder: we only reimburse for meals we do not provide at seminars and meetings. We do not reimburse groceries at convenient stores as they have been audit findings in the past.
• Onsite Registration Fee – onsite registration fees will not be waived for anyone, including public defenders. Hotels are penalizing and up charging for seating and food. reviewed registration fees other grantees charge, we may want to see an increase in for onsite. In the future we may want to see about increasing registration fees.
CDLP Upcoming Seminars, Jeep Darnell
Upcoming CDLP Programs December through March
• Riding for the Defense - We have filled all of our speaking slots from those who attended trainer of trainers in person or have completed the online training. We do have a waitlist of speakers on standby. Jeep talked about the series and encouraged attendance if they were nearby.
Additional Programs
December 14: San Antonio – Against All Odds with SACDLA
December 15: Jolly Roger, Denton, and Patty Tress put on an amazing Jolly Roger seminar!
January 3: Lubbock – Prairie Pups
February 16: Dallas – Indigent Defense
February 22: Mental Health – Houston, new small group format, travel stipends available
February 22: Setting up the Appeal – Houston
February 23: Capital – Houston
February 23: Veterans – Austin
February 24: Career Pathways – New format, shorter and interactive
March 17-22: Tim Evans Texas Criminal Trial College – Accepting Applications, Staff will Share the marketing; we encourage everyone to try two recruit 2 lawyers that would benefit from our signature program; we; we only take 80 attendees. The fee is $150, which includes hotel, breakfast, lunch, and a few dinners. Deadline is December 29th.
March 24-25: Operation Lone Star – this is not online. It is by invitation only.
Livestream and webinars
We are always looking for speakers on mental health for the client or the member, Financial Fridays, new lawyers, or how to run an office (PD & private).
December 19: Mindful Monday – Optimizing Defense through the use of subjective, objective, and medical assessments
January 26th: Financial Friday – Marketing your Practice
February 9th: Financial Friday – Sleeping with the fishes
Other Affiliate Bars
We will continue to offer our programs to go to local areas for Legislative Updates, Innocence, and mental health topics. We can provide a speaker or two, snacks or lunch to add to local bars meetings or stand alone. Events we had since last meeting:
September 1: Legislative Update, Livestream
September 15: Public Defender Day, Harris County PD Office
November 9: Legislative Update with Coastal Bend
Innocence & Criminal Defense for Law Schools
Events we had since last meeting:
September 14: Texas A&M Law
September 19: South Texas College of Law
September 20: University of Houston Law Center
September 21: Thurgood Marshall School of Law
October 16: University of Texas Law
October 30: Texas Tech School of Law
If you have any contacts with other schools get with Melissa.
CDLP Orientation, Jeep Darnell
Start thinking of names to submit for Trainer of Trainers, send to Melissa and we will keep a running list. We will be reaching out to some course directors for their future programs to assist with speakers or those that may need to attend the training prior to speaking again. Staff have created the online version of Trainer of Trainers for those who cannot attend in person. After watching the series of videos there is a test they will need to take, and then they can be added to the speaking circuit.
South Padre Island
Members’ Retreat with President-Elect David Guinn, July 12-16, 2024
Trainer of Trainers, July 10, 2024
Riding for the Defense, July 11-12, 2024
TCDLA, CDLP, and TCDLEI Orientation, July 13, 2024
Old and New Business
• Mentors for Riding for the Defense Speakers, Jeep Darnell
Checking in with each committee member, you should have contacted your partner. We have several upcoming events; we want them to review their paper, practice their presentation on Zoom, and offer constructive criticism. It is important that they provide materials on time. You can play a vital role just by being there and answering questions for your mentee. If you need to know who your mentee is reach out to Melissa.
Next Meeting: Saturday, March 2, 2024
Hyatt Place Houston/Sugar Land 16730 Creekbend Drive
Sugar Land, TX 77478
(281)491-0300
In your packets, you have sign-up sheets for the March meeting and Rusty. Rusty was sold out in February; you will need to sign up now as we will not be able to add more rooms. Nicole is encouraging everyone to attend the March seminar. This new collection of cases will take topics from Start to End on February 29th –March 1st in Sugar Land.
MOTION:
Adjourn
Motion to adjourn meeting at 9:42 am, made by Paul Tu, seconded by Nicole Deborde Hochglaube –motion carries.
Respectfully submitted,
Melissa Schank Chief Executive Officer
Criminal Defense Lawyers Project
MINUTES
Saturday, March 2, 2024
Hyatt Place (Ballroom) - Sugarland, Texas
TCDLA Purpose: TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives through educational programs and other assistance; and through such cooperation, education, and assistance, to promote justice and the common good.
Introduction
Jeep Darnell, Chair, calls the meeting to order at 9:16 am. A quorum was present.
Roll Call:
P Jeep Darnell, Chair
P Paul Tu, Vice Chair
A Monique Sparks, Past Chair
E Gene Anthes
P Roberto Balli
P Angelica Cogliano
P Nicole DeBorde Hochglaube
P Lance Evans
P David Guinn
P Paul Harrell
E Amanda Hernandez
P Sean Hightower
P Adam Kobs
P Ryan Michael Kreck
P Damon Parrish, II
P Jason Lee Parrish
P Sarah Roland
P Annie Scott
P John Hunter Smith
E Rebecca Spencer Tavitas
P Catherine Stanley
P Clay Steadman
P Patty Tress
P Thomas Wynne
Key: P = Present; E = Excused Absence; A = Unexcused Absence
Guests: Dustin Nimz, Joseph Hoelscher, Aaron Diaz, John Gilmore, Bobby Mims, David Moore
Staff: Melissa Schank, Mari Flores
Quarterly Reports and Comments from the Chair, Jeep Darnell Jeep welcomed everyone.
We appreciate the Course Directors for the programs last quarter from 11/16/23 to 2/15/24, 29 courses, 1,958 attendees, and over 122.5 hours of CLE, 12.5 ethics.
CDLP Course Director Report (CDR)
11/16/2023 Capital Litigation – Dallas
11/16/2023 Mental Health Symposium – Allen
CDR: Steve Miears and Gary Smart
CDR: Athena Trentin, Co-sponsored with Collin County and NAMI
11/17/2023 Mental Health- Dallas
11/20/2023 Mindful Monday – Livestream
12/08/2023 Against All Odds – San Antonio
CDR: Alyse Ferguson
CDR: Rick Wardroup
CDR: Matt Allen
Co-sponsored with San Antonio Criminal Defense Lawyers Association
12/15/2023 Jolly Roger Hal Jackson – Denton
CDR: Patty Tress and Gina Morgan
Co-sponsored with Dallas Criminal Defense Lawyers Association
12/18/2023 Mindful Monday - Livestream
01/03/2024 Nuts & Bolts – Lubbock
01/19/2024 Riding for the Defense – Waco
MOTION: Minutes – December 3, 2023
CDR: Rick Wardroup
CDR: Rusty Gunter
CDR: Michelle Latray, Robert Callahan, and Paul Tu
Motion to approve the minutes from December 3, 2023, CDLP Committee Meeting held in Round Rock, made by Paul Herrell, seconded by David Guinn - motion carries.
TCDLA President’s Comments, John Hunter Smith
John appreciates everyone’s hard work. Thank you for everything you have done for CDLP; you are the future.
Chief Executive Officer’s Report, Melissa Schank
• FY21/FY22/FY23 CCA Audit Update – FY21 Financial audit is complete with no findings. The FY22 audit is 2/3’s complete with no findings to date. FY21-FY23 program audits are complete with no findings. TCDLA audit is complete and was a clean report; Mari Flores, Cristine Abascal, and Miriam Duarte worked very hard with staff to ensure all data is accurate. The audit goes to the CCA as part of grant guidelines.
Motion: Approve TCDLA FY23 Audit
Motion to approve TCDLA FY23 Audit, made by Sarah Roland, seconded by Nicole DeBorde Hochglaube – motion carries.
• Staff Update - Alicia had a leap year baby, Emerson Jane.
• FY23 Grant Update (SB42, cash flow, PD stipends, Judge travel stipends, Program Income, Unexpended Balance carryover) – The court approved all of our unused funds from last year to FY24 for Mental Health, Public Defender, and CDLP. We cut a check and returned $7,747.92 for unused judge stipends to travel to Rusty, which we cannot carry over.
• FY24 Grant Budgets (CDLP, Innocence, PD, Mental Health) – The Budget request and all UB requested for use has been approved.
• FY25 Co-sponsorship Applications – we have received all applications, but no one is new.
• CCA Performance – we met numbers this quarter.
• Judge Stipends – we have approximately $7,000 left to award to judges. We will email you all and the board to invite judges directly.
• PD Stipends – we have about $5,000 left for the year
• CCA Requests – we have no outstanding requests at this time.
• CCA Update – Judge Hervey and Judge Keller both have opponents running against them. In the next term both would age out since the legislature to extend age did not pass.
• Onsite Registration Fees and Vegetarian Meals – we are still working to get the word out that there is a $5 vegetarian fee due to having to prepare meals separately. Not having meat does not make the meal less expensive due to labor. Onsite registration for all, including public defenders, will be charged a fee due to hotel upcharge to order more food and set up to add more space, The fee will ensure so that we are in grant guidelines and TCDLA does not have to cover expenses
• Registration Fees Other Grantees – Subcommittee – all other grantees charge $150 and up for programs, we are either complimentary, $20, $40 or $75. Clay, Paul, and Damon volunteered to review registration fees and provide feedback to Melissa.
CDLP Seminars, Jeep Darnell
Upcoming CDLP Programs March through June Riding for the Defense, help us promote events in your local areas, and stop by if in your area.
April 5: Longview
April 19: College Station
April 26: San Angelo
Additional Programs
March 17-22: Tim Evans Texas Criminal Trial College – we have a wait list, but still encourage them to apply; they will get first priority if someone cancels, or they will be moved to next year.
March 24-25: Operation Lone Star – not available online, by invitation only.
April 11: Juvenile Training Immersion Program: Fourth Amendment Challenges – Small Groups, travel stipends are available.
April 11: Navigating a Changing World in Law & Inclusivity – travel stipends are available.
April 12: Juvenile – lecture new format, travel stipends are available.
June 11: Public Defense Leaders Training - travel stipends are available.
June 12: Indigent Defense – changed the name this year to be inclusive to MACs, PD offices and those who take court appointed cases.
June 12: Capital – travel stipends are available.
June 13: Mental Health – travel stipends are available.
June 13: Women Defenders Luncheon – this will be an interactive format with discussion
Livestream and webinars
We are always looking for speakers on mental health for the client or the member, Financial Fridays, New Lawyers, or how to run an office (PD and private). We have a large bank of other recorded previous programs from capital, innocence, forensics, indigent and much more.
Upcoming:
March 27: New Lawyer – Effective Assistance
March 29: Financial Friday – Paperless Office
April 17: New Lawyer – Contracts
April 26: Financial Friday – Cash Balance Plans
May 10: Financial Friday – Secure 2.0
May 15: New Lawyer – Different Types of Clients
Other Affiliate Bars
We will continue to offer our programs to go to local areas for legislative updates, innocence, and mental health topics. We can provide a speaker or two, snacks or lunch to add to local bars meetings or stand alone.
Events we had since last meeting:
December 1: Crimmigration with Dallas Criminal Defense Lawyers Association
December 14: Against All Odds with San Antonio Criminal Defense Lawyers Association
February 8: Mental Health in the Criminal Legal System with Coastal Bend Criminal Defense Lawyers Association
February 21: Collin Advanced Criminal CLE with the Collin County Criminal Defense Lawyers Association
Innocence & Criminal Defense for Law Schools
We are working with the Law School Committee to go to law schools for the second time this year.
Events we had since last meeting:
February 13: 13th Annual Craig Washington with Thurgood Marshall School of Law
CDLP Orientation, David Guinn
Invitations have been sent, if you have names to submit for Trainer for Trainers send to Melissa, We will keep a running list; we will be reaching out to some course directors for their future programs to assist with speakers or those who may need to attend before speaking again. Staff have created the online version of Trainer for Trainers for those who cannot attend in person; after watching the series of videos, there is a test they can take and then they can be added to the speaking circuit. If you want to go fishing while in South Padre, get with David, he will give you contact info. Paul’s orientation agenda is different than previous years, it is more interactive.
South Padre Island
Members’ Retreat with President-Elect David Guinn, July 10-13, 2024
Trainer of Trainers, July 10, 2024
Riding for the Defense, July 11-12, 2024
TCDLA, CDLP, and TCDLEI Orientation, July 13, 2024
Old and New Business
• Mentors for Riding for the Defense Speakers, Jeep Darnell
It is critical that you reach out to your mentees. We have several programs coming up and we want them to review their paper and let them practice their presentation on zoom and offer constructive criticism. Melissa has the list if you do not know who your mentee is. Committee members suggested in order to make this more successful instead of reaching out too far in advance have them reach out two months prior to speaking, A text at SPI between CDLP members and their mentees to formally meet would also be helpful. Staff will send a text two months out to assist with reminders for meeting. Melissa will have the to do items for you as well to go over during your meetings. A suggestion was also made to match rural mentors to rural mentees.
• FY25 Chair and Incoming Vice Chair Announcement, Nicole DeBorde Hochglaube Nicole announced Paul Tu as FY25 CDLP Chair and Patty Tress as FY25 CDLP Vice Chair. This will be a great team. A round of applause was given.
• Rusty Awards dinner, John Hunter Smith
John is encouraging everyone to attend and support award recipients and the Hall of Fame recipients at the Awards dinner. Melissa announced we have the Army of One t-shirts available for sale to wear for Rusty Awards dinner and membership party which follows. Get with Melissa if you need to order one
• New committee Members - Jeep asked new committee members if they have gotten more out of serving on this committee - involvement in organization has increased. David and Jeep talked about the importance of being on this committee and how they started out on this committee. Keep working at it, be a mentor, this committee is the best place to start.
Next Meeting: Friday, June 14th at 10:35 am – Breakfast Served (Chula Vista)
Hyatt Regency Riverwalk 123 Losoya St. San Antonio, TX 78205 (210) 222-1234 | Hotel Cutoff: May 21, 2024
This is a reminder to book your room for Rusty Duncan; we will have breakfast provided. Rooms go fast.
MOTION: Adjourn
Motion to adjourn the meeting at 9:47 am, made by Paul Tu, seconded by Nicole DeBorde Hochglaube – motion carries.
Study Outline for Board Specialization Exam in Criminal Law, updated by Susan E. Anderson (currently at the printer)
Titles Currently Available
ALR/Occupational License Manual, updated by Stephen Hamilton and Kayla McCaffity
Basics of Immigration, updated by Zelda Vasquez
Texas Annotated Criminal Codebooks, updated Rick Wardroup
Appellate Manual updated by Rick Wardroup
Chapter 42A Community Supervision, ready for sale Rick Wardroup
Trial Notebook: ready for sale Philip Wischkaemper and Rick Wardroup
Cheat Sheets 1, 2, 3, 4, 5, 6, 9, 12, 13 updated by Rick Wardroup
Cheat sheet 7, updated by Adam Kobs
Cheat sheet 8, updated by Mark Theissen
Cheat sheets 10 and 11 updated by Charles Blevins
Cheat sheet 14 updated by David O’Neil
Sexual Assault Pamphlet updated by Rick Wardroup
Legislative Update Checklist updated by Shae Place and David Gonzales
Mental Health Pamphlets (Ch. 55) & (Ch. 46b & Ch. 46c), updated by Chris Lopez
Texas Traffic Laws, 2021-2022 being updated by Rick Wardroup
Search and Seizure, 2021-2022 updated by Rick Wardroup (delivered to Alicia for preparation of proof)
Texas Punishment being updated by Rick Wardroup
Potential Publications
• Forensics Manual
• Losch Capital Defense Manual
• Juvenile Litigation – with Kameron Johnson
• DWI Notebook with Tyler Flood
FY23-24 September 9/1/2023 - 8/31/2024
CDLP REPORT 2/16/2024 - 5/15/2024 Date Run 5/13/2024
FY23-24 September 9/1/2023 - 8/31/2024
INNOCENCE REPORT 2/16/2024 - 5/15/2024
Date Run 5/13/2024
Tuesday, March 5, 2024
FY23-24 9/1/2023 - 8/31/2024
MENTAL HEALTH REPORT 2/16/2024 - 5/15/2024
Date Run 2/20/2024 Mental Health
Thursday, February 22, 2024
Donald Davis Mental Health Co-Sponsored w/ HCCLA
March 22, 2024
Juvenile Training Immersion Program
05/09/24
COURT OF CRIMINAL APPEALS
JUDICIAL AND COURT PERSONNEL TRAINING PROGRAM
GRANT CONDITIONS
Effective October 17, 2016
*Updated October 17, 2016*
*All updates are highlighted*
COURT OF CRIMINAL APPEALS
JUDICIAL AND COURT PERSONNEL TRAINING PROGRAM
GRANT CONDITIONS
Effective October 17, 2016
Updated 10-17-16
All updates are highlighted
The Court of Criminal Appeals of Texas requires that grantees receiving funds for Judicial and Court Personnel Training comply with state laws, the Rules of Judicial Education, and the Grant Conditions provided herein. Grantees may create and implement their own grant conditions for internal purposes that are more restrictive as long as the grant conditions provided here are met. The term "grantee" as used in these grant conditions includes training centers and other entities that perform functions of the Judicial and Court Personnel Training Program.
Grantees should contact the Court of Criminal Appeals when there is doubt as to the applicability of these grant conditions.
1. POLITICAL AID AND LEGISLATIVE INFLUENCE PROHIBITED.
The moneys granted hereby may not be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. Any employee of a grantee violating this provision is subject to immediate dismissal from employment by the grantee; the grantee, if it fails to take such action, is subject to having its grant funds reduced by the Court of Criminal Appeals in an amount equal to the employee's annual salary. If a member of the governing board or committee having jurisdiction over the operations of the grantee uses grant funds to influence the outcome of any election, or the passage or defeat of any legislative measure and thereafter refuses to resign from the position, the Court of Criminal Appeals may reduce its grant funds by an appropriate amount as determined by the Court of Criminal Appeals. Continued violations of this provision shall subject the grant funds to cancellation by the Court of Criminal Appeals. This prohibition shall not be construed to prevent any official or employee of a grantee from furnishing to any Member of the Legislature or committee upon request, or to any other state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying this information shall subject the person initiating the action to immediate dismissal from employment.
(a) Funds under the control of any grantee may not be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of local government or government of the State of Texas or the government of the United States.
(b) The funds granted hereby may not be expended in payment of the full or partial salary of any employee of the grantee who is also an active lobbyist of any individual, firm, association or corporation.
(c) The moneys granted hereby may not be paid to any official or employee who violates any of the provisions of this action.
2. PUBLICITY OF INDIVIDUALS RESTRICTED. None of the moneys granted hereby shall be used for the purpose of publicizing or directing attention to any individual official or employee of any agency of the state government or of the grantee. This policy shall not be interpreted to prevent a grantee that deems it necessary or desirable in the interests of the program to publish any statement respecting the work, legal responsibilities, or activities of any individual official or employee of any agency of the state government or of the grantee.
3. USE OF ALCOHOLIC BEVERAGES. Grant funds may not be used for the payment of salaries to any employee who uses alcoholic beverages while on active duty. Travel expenses incurred using grant funds may not include the purchase of alcoholic beverages.
4. DISCRIMINATORY PRACTICES. None of the funds granted hereby shall be expended by any grantee that practices discrimination based on race, color, sex, national origin, religion, or disability.
5. PERSONNEL. If only a portion of the compensation of an employee is charged to the grant, the grantee must justify the portion charged by appropriate time and distribution records. Compensation for personnel and fringe benefits, if authorized in the budget, is allowable if the costs are reasonable for the service rendered.
6. GRANT APPLICATION PROCESS.
(a) Applicants for grant funding must use application forms and instructions prescribed by the Court of Criminal Appeals. Grant application files and other submissions (see below) must be submitted electronically unless otherwise stated. The Court of Criminal Appeals will assign file names.
(b) Applications for grant funding are due July 1 unless otherwise specified by the Court of Criminal Appeals. The following submissions are required:
(1) Application for Grant Funding form for the base amount of funding requested for the fiscal year.
(2) Combined Application for Grant Funding form which includes the base amount of funding for the fiscal year plus the following estimates: program income, and unexpended program income and unexpended grant funds to be carried over into the fiscal year. This
submission will be your total estimated funding for the fiscal year requested. Note: this submission does not apply to new applicants.
(3) Program Narrative file in Microsoft Word format that describes the background and mission of the applicant, and the goals and objectives of programming. In stating the objectives of programming, applicants should focus on the overall programmatic objective rather than on operational objectives. The narrative must be 1500 words or less.
(4) A Curriculum file in Excel format that includes the schedule of courses for the fiscal year. The Court of Criminal Appeals will provide the prescribed format. The following information must be included for each course: title, date, time, location, course hours, learning objective(s), description of the program, type of needs assessment used or rationale for the program, and the expected number of attendees by constituent type. The first submission of the Curriculum file must be identified by the numeric character “1” at the end of the file name. For example, the first file submission for Texas Municipal Courts Education Center (TMCEC) would be “Curriculum2011.TMCEC.1”.
a. Program Content. Pursuant to Chapter 56.006 of the Government Code, the Court shall monitor the program performance of entities receiving grant funds. The Court must approve of all program content. Course descriptions should identify specific training topics. The Court may consult with grantees regarding any unfulfilled curriculum needs and may prescribe training content, topics, and courses to meet these needs. The Court may request updated information on the curriculum at any time during the fiscal year.
b. Program Changes. The Court must be notified of all programming changes (i.e., date, time, location, etc.). Due dates are the first business day of the month preceding the scheduled event. Subsequent revisions must be saved using the original file name with the last number changed to the next number in sequence. For example, the first revised file submission would be “Curriculum2011.TMCEC.2”. Subsequent submissions are not required if there are no changes.
(5) Position Description file in Microsoft Word format that includes a description for each staff position to be funded by the grant.
(6) A copy of all other grant agreements between the grantee and other providers for the fiscal year for which funding is requested, regardless of source, i.e. federal, state, or private. Hard copy submissions are permitted when electronic copies are not available.
(7) An explanation of the methodology used to allocate the budget across all funding sources.
(8) Proof of compliance with the grant condition titled- “Independent Annual Audits of all Funds”, to include a copy of the independent audit report for the most recent fiscal year closed, or a written explanation as to the status of the independent audit, or, if the audit report was previously submitted to the Court, the date of submission.
(9) A narrative description of the grantee’s internal system for ensuring grant funds on deposit do not exceed the current FDIC maximum insured limit, and copies of any agreements with financial institutions relating to such protection including arrangements for sweep accounts.
(10) A list of any third party participation agreements, referred to in Grant Condition 18 that will be binding in the fiscal year for which funding is requested (including any reoccurring or ongoing agreements). A copy of any executed agreements must also be submitted. For agreements executed after the application process, see Grant Condition 18. Hard copy submissions are permitted when electronic copies are not available.
(11) A Conflict of Interest Disclosure Form certifying that all actual or potential conflicts of interest have been disclosed.
7. FINANCIAL MANAGEMENT. Grantees must have in place an accounting system for recording and summarizing financial transactions and producing accurate and complete financial reports. The accounting system must provide audit trails for the tracing of transactions. For the purposes of this grant, "accounting system" is defined as the grantee's computerized accounting software and accounting procedures. Accounting procedures should be documented in writing.
(a) Internal Controls. The responsibility for internal controls is placed on grantee management. Internal controls are broad in scope, and include practically anything a grantee does to attain its program objectives. However, the primary focus of internal controls with this grant is on the use of funds in accordance with grant guidelines. Grantee management should ensure that staff responsible for spending grant funds, specifically those responsible for initiating and approving purchases, recording expenditures, handling cash, and reconciling accounts, are knowledgeable and skilled in their fields. These duties must be separated Good internal controls and common sense business practices are synonymous terms. Management should have an appreciation of this basic concept and be capable of detecting internal control flaws before they become a problem. The Judicial Education Auditor may review a grantee's internal controls and make recommendations at any time.
(1) Controls for Transaction Review and Approval. It is a fundamental internal control requirement that the duties of initiating and approving transactions be separated and all persons responsible for such duties are thorough in the execution of their duties and have good working knowledge of grant conditions and common-sense business practices.
Consider a typical expense transaction. It is most common that accountants initiate such transactions by securing the necessary supporting documentation (i.e. purchase orders, invoices, billing statements, receipts, contracts, travel claims, vouchers, etc.) and prepare a request for payment and a check for internal approval. The accountant doesn’t merely assemble the documents and forward them for approval, but takes the time to review each document carefully to ensure accuracy, completeness, and compliance. In order to conduct an effective review the accountant must not only be thorough but also have a good working knowledge of the grant conditions and an understanding of basic business practices. This program requires a two layered approach to controls over transaction processing. The accountant who initiates the transaction is the first layer and the approver is the second layer. Whether the approver is the executive director or some other person assigned that responsibility is irrelevant. However, it is most important that the approver also conduct a thorough and competent review of supporting documentation while applying a good working knowledge of grant conditions and basic business practices. This better ensures grant compliance; in the event that
the first layer of control fails to detect a problem, the second still has an opportunity to detect it.
(b) Whistle Blower Protection. Grantees must have a written policy of protection for their employees who inform the Court of Criminal Appeals of internal control breakdowns, or instances in which management bypasses existing controls or otherwise performs questionable acts.
(c) Request for Funds. Requests for funds may be submitted anytime using forms provided by the Court of Criminal Appeals. No individual requests for funds may exceed the current FDIC insured maximum. Grantees are responsible for monitoring bank deposits so that they do not exceed current FDIC insured maximum. Grantees must provide evidence to the Court that they have a system in place that ensures compliance with the grant condition. Any losses incurred by the grantee for exceeding the FDIC limits will be covered by the grantee’s private funds.
(1) F Fiinnaal l G Grraannt t D Dr
(d) Commingling of Grant Funds and Non-Grant Funds Prohibited. A grantee may not combine two fund types in the same bank account or in the same set of accounting records. For purposes of these grant conditions the two fund types are defined as follows:
Grant Funds
- grant revenue from the Court of Criminal Appeals
- interest income earned on deposits of grant funds
- program income
- non-grant funds contributed to grant funds (typically used to cover over expenditures)
Non-Grant Funds
- private funds
- funds from other grants
(e) Inter-fund Borrowing/Lending. The grant fund may borrow from nongrant funds to cover temporary cash shortages as necessary, but lending of grant funds to cover non-grant fund shortages is prohibited. A grantee would not be in violation for writing a check from the grant fund to pay both grant and non-grant expenditures as long as the purpose is to reduce the number of checks written and the grant fund is reimbursed by the non-
grant fund at least monthly and the amount owed the grant is posted to a receivable account in the grant accounting records.
(f) Personal Expenses. Under no circumstances may personal expenses be charged to the grant, even on a temporary basis where the grant is to be reimbursed.
(g) Source Documentation. All transactions must be supported by documentation such as purchase orders, invoices, receipts, statements, check copies, etc. Adequate descriptive information must appear on support documents so that no doubt is left as to the nature and purpose of the transaction.
(h) Retention Period. Accounting records and source documentation must be retained and made available to the Court of Criminal Appeals for a minimum of three years following the close of the grant year. However, accounting records and source documentation, regardless of age, must be retained until all audits pertaining to a grant year are completed and all outstanding audit related issues are resolved.
(i) Cash Management. Grantees are responsible for safeguarding cash and checks. Only employees whose job descriptions include cash handling responsibilities are permitted access to cash and checks. Grantees are responsible for ensuring that all grant funds deposited in banks are insured, or otherwise adequately protected.
(j) Bank Reconciliation. Bank statements must be reconciled to accounting records on a monthly basis no later than 20 days from the date bank statements were received.
(1) Uncleared Checks. After the reconciliation is completed, a review of uncleared checks must be performed according to the following procedure:
Uncleared checks with an issue date of 4 months or older from the reconciliation date must be identified and the payee contacted.
If a determination is made that the check was lost and cannot be located, the grantee should reverse it in the accounting records and reissue a replacement check.
If the payee cannot be located or contacted for whatever reason the grantee should: 1. Enter a check reversal (deposit entry in
QuickBooks). 2. Clear both the original check and check reversal during the next reconciliation. 3. Enter a general journal entry debiting account 495 (miscellaneous expense) and crediting a liability account titled “Unclaimed Checks Pending.” Each entry to the liability account must include at a minimum the following information: check number of unclaimed check, date issued and amount.
If the bank clears a check that has been reversed, the check should be reissued on the books as originally entered and the reversal entry should be either reversed or deleted. The check should be posted to the same fiscal year as the original check even if the fiscal year is considered closed for further entry
After a fiscal year has ended (November 30) and unexpended balances have been moved forward, the liability account for unclaimed checks for the previous year should be reversed to account 495 and re-entered in the new fiscal year with the same information as entered in the previous year
(2) Unclaimed Property. Checks older than 3 years from the issued date are regarded as unclaimed property per the Texas Property Code and Rules of the Texas Comptroller of Public Accounts, of which the grantee is required to follow. Web links currently available to assist the grantee are as follows:
Checks issued to the Texas Comptroller of Public Accounts as unclaimed property are posted as debits to the liability account titled “Unclaimed Checks Pending.”
(k) Separation of Duties. Grantees are responsible for ensuring separation of the duties of cash handling, recording transactions, reconciling, and inventory control. No employee may perform more than one of the aforementioned duties. If staff shortages or emergency situations prevent a grantee from adhering to this requirement, the grantee must monitor and thoroughly document such situations before and during occurrence. Under no circumstances should the person who records transactions be responsible for handling cash.
(l) Uniform Chart of Accounts. Grantees must adhere to the Uniform Chart of Accounts prescribed by the Court of Criminal Appeals. Grantees may not modify the Uniform Chart of Accounts by creating new accounts, except that grantees may add sub-accounts for internal accounting needs but only insofar as they clearly fit under established accounts in the Uniform Chart of Accounts. Expenditure transactions must be posted to appropriate accounts.
(m) Period Closing. Grantees must not post accounting entries to months that have been closed. Closing a month involves two events: (1) the bank statement for that month has been reconciled to the books and final entries made; and, (2) the month has been set to "closed" in the accounting system to prevent further entry.
(n) Year-End Closing Procedures. The following describes the procedures grantees must follow for the handling of year-end liquidations, UB (unexpended balance) reporting, and UB program income.
(1) Year-End Liquidations. Grantees are allowed 90 days after the end of the grant period (i.e. from September 1 through November 30) to pay all outstanding obligations incurred or encumbered on or before August 31. Encumbrances must be supported by documentation such as purchase orders or contracts. Incurred obligations must be supported by such documentation as bills and invoices. Grant funds may not be used to pay obligations of a prior or subsequent year.
(2) UB Reporting. By the end of the liquidation period (November 30), grantees must submit to the Court of Criminal Appeals the following:
Revised current year budget containing the actual amount of unexpended grant funds and unexpended program income from the prior year, and estimated program income to be generated in the current year.
Narrative in a Microsoft Word files describing how the additional funding is to be used.
Check to the Court of Criminal Appeals for the amount of unexpended grant funds, unless there is none. Unexpended program income is not to be included.
Final QuickBooks file for the prior year.
Final Schedule of Planned Courses for the prior year containing actual participant counts, actual course hours, and any other revised data.
Grantees having no additional funding to budget (i.e. no unexpended grant funds, unexpended program income, or estimated current year program income) are not required to submit a revised current year budget, narrative, or check. However, they must send an email to the Court’s Grants Office stating that they have no additional funds to budget. Note: they are still required to submit a final QuickBooks file and a final Schedule of Planned Courses.
(3) UB Program Income Procedure. Unexpended program income from the prior year should be carried over into the current year by writing a check from the prior year for the balance and depositing it into the current year. This must be an actual bank transaction and not just a recording entry or general journal entry. The account that should be credited for the deposit is UB Program Income Carryover. The grantee may create this transaction at any time after August 31 and after they have determined that all program income for the prior year has been collected. This transaction does not require Court approval.
(4) Failure to Comply. Grantees who fail to comply with the November 30 deadline will be charged a penalty of $1,000. Grantees who fail to submit the required items described in paragraph (2) shall be charged a penalty at the Court’s discretion. Penalties will be deducted from a grantee’s award.
(o) Monthly Reporting. Grantees shall submit the items listed below on the first calendar day of every month, or the following workday when it falls on a weekday or holiday. A late submission will result in a penalty of $500 which will be deducted from the grantee’s grant award.
(1) Accounting records. These must be in the form of QuickBooks accounting files, or in unusual and temporary circumstances other forms as approved by the Court.
(2) Budget Files. The latest version of a grantee’s budget file with actual year-to-date expense data entered in the budget recap and DPT recap sheets, and actual participant numbers and course hours in the Schedule Planned Courses. Actual expense data entered in the budget file must agree with data generated from the accounting records at the account level and also class code level for expenses by training event on the DPT recap sheet. Any exceptions will be returned to the grantee for correction and resubmission.
(p) Basis of Accounting. Cash basis accounting is required. No accruals or encumbrances are to be recorded in the accounting records.
(q) Accounting System. QuickBooks accounting software is required for grant accounting.
(r) Void/Lost Check Procedure. For the purposes of this grant, void checks are those which have not been disbursed and are retained on the grantee's premises. Void checks should be immediately recorded as $.00 amounts in the accounting records. However, lost checks are handled differently. For the purposes of this grant, the lost check procedure applies to checks that were lost or destroyed after they were disbursed to the recipient of the check. Lost checks are to be recorded in the accounting records as a reversal of the original check. Any deviation from this procedure results in incorrect accounting reports and related problems with the timing of reported expenses.
(s) Journal Entries to Cash Accounts Prohibited. All transactions affecting the cash account must be in the form of a check or deposit entry; journal entries are allowed only for transfers between non-cash accounts. An example of an allowable journal entry is a correction of a posting by transferring a payment from one expense account to another. Journal entries are allowable only when they affect revenue and expense accounts or balance sheet accounts other than cash.
(t) PROCUREMENT METHODS.
(1) Bids. For the procurement of supplies, non-expendable personal property (capital outlay), and services, the grantee shall obtain competitive bids and award the contract to the responsible bidder whose bid, conforming with all the material terms and conditions of
the invitation for bids, is lowest and best. Decisions regarding lease versus purchase should be based on an analysis of the most economical alternative. Bids should be obtained according to the following guidelines:
Purchase of less than $1,000 - no bids required
Purchase of $1,001 - $5,000 - 3 telephone/verbal bids
Purchase of $5,001 and up - 3 written bids
(2) Emergency Procurement. When it is not practical to obtain bids because of an emergency situation, the grantee must document the circumstances and retain such documentation with the supporting payment documentation.
(3) Small and Minority Firms, Women’s Business Enterprise and Labor Surplus Area Firms. The grantee will take all necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are included in the bidding process. Affirmative steps will include:
Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
Using the services and assistance of the Small Business Administration, the Minority Development Agency of the Department of Commerce, and the state General Services Commission.
(u) Timesheets. Salaries and benefits charged to the grant must be supported by timesheets showing actual time worked for each activity, grant and non-grant. Timesheets must be kept for a minimum of three years after the close of a fiscal year.
(v) Use of Funds Order. The order by which funds are used for grantee expenses is as follows: 1. miscellaneous income (such as interest, rental, voluntary contributions to the grant, etc.). 2. unexpended grant funds from previous years. 3. unexpended program income from previous years. 4. grant funds awarded for the current year. 5. program income earned in the current year.
The Court of Criminal Appeals may at its option require grantees to change the order by which funds are used.
(1) Unexpended Grant Funds Time Limitation – In order to prevent ever accumulating balances of unexpended grant funds grantees are limited to two years of carryover. For example, unexpended grant funds of year 1 may be carried over into years 2 and 3 if approved by the Court, but if unused by the end of year 3 they will automatically lapse into fund 540 and be unavailable for carryover into year 4.
(w) Accounting for Direct Participant Training Expenses. Grantees must record direct participant training expenses in their accounting system by training event in the class code field of the QuickBooks accounting records for those expenses that are allocable or attributable to training events.
(X) Registration Fees. At the discretion of a grantee organization any person designated a constituent under Chapter 56, Gov’t Code, may be considered a constituent for purposes of registration for a program funded by the Court of Criminal Appeals.
It is the intent of the Court that all constituents have access to necessary training notwithstanding any lack of local funds contributed to the program that support the training. Grantees must have policies and procedures in place to ensure that constituents have access to any Court funded training in the event they are unable to pay any registration fee, tuition, contribution, or any other fee regardless of whether or not it is considered program income.
The Court recognizes two types of registration fees. (1) Fees collected for attending a training event, for example, tuition. (2) Fees collected for other purposes, for example, social events. For both types the Court may require specific wording. The Court may require for its review the submission of brochures, publications, and other materials where such fees are solicited.
Except where the Court requires specific wording grantees may use their own wording if the following rules are met:
(1) Fees Collected for Attending a Training Event.
Registration fees collected for a training event are program income, and may be charged to supplement and increase the amount of grant funding available to produce necessary training.
Registration fees must be deposited into the grant account and used for allowable purposes as specified by these grant conditions. This revenue has the same status as grant funds provided by the Court and are subject to the same restrictions.
Wording must state that the fees are used to cover expenses of the grant program (such as additional or specialized programming), or to provide for items the grant cannot sufficiently cover, all of which must be allowable under the grant guidelines of the Court of Criminal Appeals.
Grantees must establish a scholarship program or other method including waiver of registration of fees to insure that constituents who lack local funding may attend all necessary training.
(2) Fees Collected for Other Purposes.
Wording must state that the fee is voluntary.
Wording must state that the fee will be deposited into the grantee’s private fund account.
If the purpose is to cover expenses unallowable under grant guidelines the wording must state so clearly.
Wording must specify the expense categories that such fees will be used for. For example, staff salaries and participant lodging above what the grant will pay, and social activities.
8. OPEN RECORDS. Grantees must keep grant records open and available at all times. This includes all information, i.e. electronic, printed, or any other medium. Grantees must respond within ten (10) workdays to any request for information from parties outside or inside the grant program. The Court of Criminal Appeals must be informed of any disputes with parties over requested information within the ten workday timeline. Charges for printed records may be assessed to parties outside the grant program at a rate of $.10 per page.
9. DUE DATES. Grantees must comply with due dates assigned by the Court of Criminal Appeals. Grant funds will not be advanced to a grantee that is in default of a due date. Defaulted due dates which are unexcused will be reported to the Court of Criminal Appeals and may result in a reduction of grant funds, denial of grant draws, or termination of the grant.
(a) Due Date for Requests for Additional Information. Any request for additional information made by the Court is due within 30 days of the request, unless otherwise stipulated by the Court. If the 30th day falls on a weekend or holiday, the due date is the following business day. This includes, but is not limited to, requests for additional information regarding financial information, grant adjustment requests (see Grant Condition 16), and program details. Grantees failing to respond to requests for additional information within the prescribed time will be considered in default and may result in a reduction of grant funds, denial of grant draws, or termination of the grant.
10. PROGRAM INCOME.
Program Income is defined as income earned by a grantee that is directly generated by grant-supported activity. Grantee compliance with this grant condition will be verified during audits.
(a) Grant Program Income is income from sales of books, publications, property and equipment, videos, mandatory seminar registration fees and must be deposited into the same account (“company” as referred to in QuickBooks) as grant funds and either expended for purposes allowed by the grant under these grant conditions or refunded to the Court of Criminal Appeals. The use and expenditure of grant program income is subject to the same grant conditions and rules that apply to the use and expenditure of grant funds provided by the Court of Criminal Appeals. Therefore, the status of grant program income and its use is identical to that of grant funds. Also, expenditures of grant program income are to be recorded in the grantee’s accounting records using the same accounts as used in the expenditure of grant funds. Grant program income must be recorded at gross amounts and may not be recorded as a net amount of gross program income minus expenditures.
(b) Non-Grant Program Income is defined as income generated from grant funded activities as voluntary contributions. Non-grant program income may be deposited into a grantee’s private fund accounts. The use and expenditure of non-grant program income is not subject to the grant conditions and rules that apply to grant program income. The wording used by grantees to make clear the voluntary nature of the contribution must be pre-approved by the Court of Criminal Appeals. The use of nongrant program income is subject to audit by the Court of Criminal Appeals.
11. OTHER REPORTS.
(a) Inventory Reports. Upon request, grantees must provide the Court of Criminal Appeals a report of grant property. Reports must contain at least the following information: identification number (tag no. assigned by grantee), description, cost, location, and acquisition date.
(b) Course Certification. A Course Certification file must be submitted within 30 days of the conclusion of each training event. If the 30th day falls on a weekend or holiday, the due date is the following business day. The Court of Criminal Appeals will provide the prescribed format. The following information must be included for each course: a completed course certification form, registration material, agenda, sign-in sheet(s), evaluation summation, course-related publication(s), and a biography or resume for each faculty member.
(1) Participant Sign-In Sheets. Sign-in sheets must be submitted electronically as a PDF file. The following information must be included: printed names, titles, office or court, Texas Bar numbers (if applicable), and signatures for all participants who attended.
(2) Participant Evaluation Summation. Grantees must provide participants with seminar evaluation forms for all courses/seminars provided under the grant. Grantees must take affirmative steps to ensure that all evaluation forms are completed and returned to the grantee. Grantees must submit to the Court of Criminal Appeals a summary report of participant comments and grade averages for each faculty member and training topic. The report may also include evaluation of training sites, staff, and the overall program.
(3) Late Submission. A late submission will result in a penalty of $500 which will be deducted from the grantee’s grant award.
12. ALLOWABLE COSTS. To be allowable, costs must meet the following minimum requirements:
Be necessary and reasonable for proper and efficient performance and administration of the grant A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. To be considered reasonable, the cost must also conform to sound business practices, be an “arm’s length” transaction, and be at market prices.
Be adequately documented
Be direct costs rather than indirect costs.
Allowable Direct Costs. Allocable costs are allowable if they are direct costs and the allocation method or basis is reasonable and is agreeable to the Court of Criminal Appeals. An example of an agreeable basis is a percentage of grant personnel costs over total personnel costs. In all cases the grantee must first obtain the Court’s approval before using, or changing, any basis or method for allocation of direct costs.
(a) Subscriptions. Grantees may use grant funds to purchase subscriptions to information providers such as newspapers and professional journals provided that the information is relevant to the work being performed for the grant. Subscription totals in excess of $300 annually must be approved by the Court. This provision does not include electronic services such as LexisNexis or West Law.
13. DISALLOWED COSTS.
Grant funds may be used only for purposes which further the objectives of the grant. Listed below are specifically disallowed costs. Failure to mention a particular cost here does not imply that it is allowable. Grantees must use their discretion in addition to these grant conditions when using grant funds. Grantees must be prepared to show that the use of grant funds has a direct benefit to the program. If a grantee's application for funding contains budgeted expenses which violate these grant conditions, they are automatically disallowed, even if the Court failed to discover them upon review.
- Alcoholic beverages
- Plants
- Decorations (for example, pictures, paintings, etc.)
- Taxes which the grantee is not legally required to pay
- Audits other than those specifically allowed in the grant conditions
- Bank overdraft charges
- Interest and other financing costs on borrowing
- Credit card dues and fees
- Gratuities
- Depreciation
- Late fees, fines, penalties, and damages
- Valet parking (Exceptions: speakers, handicapped, or the hotel requires it.)
- Products consumed by employees at the office, such as soft drinks, coffee, and bottled water.
- State Bar dues
- College courses (for example, semester courses which earn credit toward a degree)
- Moving expenses (all kinds)
- Employment agency fees
- Indirect Costs
- Overtime pay
- Entertainment
- Fund raising
- Losses that should have been covered by insurance
- Profit
- Speaker gifts and awards
14. NON-EXPENDABLE
PERSONAL PROPERTY.
Property, other than real property (land and buildings), costing $1,000.00 or more and having a useful life of one (1) year or more is considered non-expendable personal property, hereinafter referred to as "property", for the purposes of this grant. Such property includes, but is not limited to, office equipment, furniture, computer hardware and software, and books or sets of books. Grantees are responsible for safeguarding property from loss, damage, or theft. Any loss, damage, or theft must be investigated, the circumstances documented, and reported to the Court of Criminal Appeals within ten (10) days of discovering the occurrence.
(a) Ownership. Property acquired using grant funds is the property of the Court of Criminal Appeals Judicial and Court Personnel Training Program with all rights of ownership. Split ownership of property is not allowed. All grant property is 100% owned by the grant. If the Judicial and Court Personnel Training grant program is a minority funding source for the grantee, the property may be owned by another source, and the grantee may charge the grant for a portion of the usage based on depreciated cost as described in (b).
(b) Usage Charges. Grant property may be used by a grantees other programs, and conversely, property owned by other programs may be used by the grant. Usage charges may only be for cost recovery based on depreciation. No profit or other charges in excess of depreciation may be made to the grant.
1. The charge for usage must be based on the following useful life guidelines (source: IRS Publication 946 effective 2008): 5 year property: Computers and peripheral equipment, office machinery, and appliances.
7 year property: office furniture and fixtures.
2. The charge for usage may be based on budgeted percentages by funding source, or actual usage supported by a record, or log of copies made for each program.
3. Example: a grantee has three programs, A, B, and C. Program A is the Judicial and Court Personnel Training Program, and B and C are other programs, all of which share the use of a new copier that cost $10,000. Total budgeted expenses for each program are A 50%, B 35%, and C15%. Since A owns the copier, A may recover monthly charges of $58.33 from B, and $25.00 from C. [e.g. $10,000/60months x 35% = $58.33]. The recovered charged should be recorded in the grant accounting records as credits to the office supplies account. Recovered charges based on actual usage uses the same formula except that the percentages would vary from month to month.
4. Usage charges for property owned by other programs should be recorded in the grant accounting records to the office supplies account. The calculation of such charges should be based on the methodology described for property owned by the grant.
(c) Depreciation. No depreciation expense may be charged to the grant for grant owned property.
(d) Acquisition. Grantees must be prudent in using grant funds to acquire property. Careful screening should take place to ensure that acquisitions are necessary and that the need cannot be met with property already in the possession of the grantee.
(e) Disposition. Subject to prior approval by the Court of Criminal Appeals, grantees may dispose of property when it is no longer useful to the grant due to obsolescence or other conditions. Grantees must request prior approval by submitting a list of property targeted for disposal with a letter describing the method of disposal (e.g. sale or donation), and the parties to which the property will be offered. The list must include the following information: identification number (tag number), description, cost of property, location, and acquisition date. Any proceeds from disposition must be reported as revenue from sale of grant property and used for grant purposes or paid back to the Court of Criminal Appeals. A transfer of property to another grantee may be made, subject to approval of the Court of Criminal Appeals.
(f) Identification. All property purchased with grant funds must be tagged or otherwise labeled to separately identify it as belonging to the Court of Criminal Appeals for the purposes of this grant.
(g) Physical Inventory. Grantees must take a physical inventory once each year to verify the existence of property on hand and ensure the correctness of the inventory report.
(h) Record Keeping. Inventory records of property purchased with grant funds must be maintained on an on-going basis. Acquisitions and dispositions must be recorded immediately. Required information in inventory records is as follows: identification number (tag number), description, cost of property, location, and acquisition date. When property contains a serial number, it is also required. Dispositions must be recorded on the inventory report by recording the date of disposition or by being removed entirely from the inventory report and recorded on a separate list of disposed property.
(i) Reporting. An up-to-date inventory report of property subject to this grant condition must be submitted upon request to the Judicial Education Section of the Court of Criminal Appeals. Property which the grantee inventories for internal reasons that is not subject to this grant condition must be omitted from this report. An inventory report must be submitted to the Court of Criminal Appeals at the termination of a grant period when the grantee does not receive a subsequent-year grant from the state for judicial education purposes.
15. RECORDS RETENTION.
The chief executive officer of a grantee may designate a staff member to act as Records Supervisor. The Records Supervisor shall be responsible for compliance with all applicable state laws governing the retention, preservation and disclosure of state records, including the Preservation of Essential Records and Open Records Act. If a grantee ceases operation, or funding is terminated for any reason, grant records that the Court believes are essential must be returned to the Court of Criminal Appeals upon request
16. GRANT ADJUSTMENT REQUESTS.
The grantee must secure prior written approval from the Court of Criminal Appeals for any of the events listed in (a) through (m) below.
Grant adjustment requests must be submitted by e-mail to the Judicial Education Auditor of the Court of Criminal Appeals. Grant adjustment requests must contain the following: (1) narrative- a note, letter, or message explaining the need/benefit to the grant; the fiscal year affected; and, if regarding a purchase, the unit cost, total cost, vendor, and source of savings; and (2) revised grant application with revisions shown at the same level of detail as in the original approved grant application, with additions, deletions, and revisions formatted in a colored font that enables a reader to easily see the changes. Any requests for additional information by the Court regarding any proposed grant adjustment is due within 30 business days of the request, unless otherwise stipulated by the Court (see Grant Condition 9). Grantees failing to respond to requests for additional information within the prescribed time will be considered in default of due date and subject to possible denial of funds and/or termination of the grant.
(a) New positions. (Provide copy of job description)
(b) Increases in salaries or benefits.
(c) Reclassification of a position to a higher salary level.
(d) Changes in job descriptions.
(e) Changes in the budgeted percentage of time worked on the grant for any employee.
(f) Additions or deletions to the schedule of planned courses, including training events, participant counts, and course hours.
(g) Increases in the cost of rent for office space.
(h) Purchases of property costing $1,000.00 or more per item, other than that approved in the grant application.
(i) Outside legal services.
(j) Unexpended Balances (UB) carried over from the prior year. Due date is November 30 for grant-adjustment requests.
(k) Outside accounting services, other than payroll services and routine preparation and filing of mandated federal forms and reports
(l) Publications of manuals and books. The following supporting documentation must be provided in a separate document(s): (1) a statement of need and purpose. (2) A list of similar publications presently available, and their titles (3) A description as to how the estimated cost was determined, including production cost and author fees, or royalties, if any. If author fees or royalties are included, list the names of potential authors and their affiliation with the grantee, if any, and other organizations in the field, and their qualifications, including authorship in prior publications. (4) The publication format, i.e. printed or CD-Rom. (5) The estimated number to be produced. (6) A statement as to the group or groups the publications are primarily intended for. (7) A statement as to whether they will be provided free of charge or for a price, and if so, the price (8) A copy of bid requests and actual bids received if applicable (9) A copy of the contract to be used.
(m) Sub-grants. A statement must be included that explains why the subgrant is necessary and why the training cannot be provided by the grantee directly. Also, see grant condition 18
(n) Temporary support services or contract labor, other than that approved in the grant application.
17. NOTIFICATION TO THE COURT OF CRIMINAL APPEALS.
Grantees must notify the Court of Criminal Appeals (pre-approval not needed) of the following:
termination of an employee (within 7 work days following event).
hiring a new employee for a vacant but previously approved position (within 7 work days following event)
closing a grantee’s office for a day or more during a workweek for any reason, excepting holidays, but including staff retreats and seminars (at least 7 days preceding the event).
18. THIRD PARTY PARTICIPATION INCLUDING SUB-GRANTS.
The grantee shall retain ultimate control of, and responsibility for, the grant project. The
grantee shall assure that any contractor is bound by conditions and terms of the grant. If a grantee uses funds from its grant to support programs of judicial or professional education planned and conducted by a second association or entity, the grantee shall enter into a written agreement describing the arrangement and the rights and duties of both. The grantee shall also require the second entity to sign an agreement that it will comply with the terms and conditions of the grant and will permit the Judicial Education Auditor to examine all records of the second entity necessary to audit the use of grant funds. The grantee shall provide a copy of each of these agreements to the Court of Criminal Appeals. This subsection does not prevent a grantee from paying to a national nonprofit provider the tuition and related costs to permit a constituent judge to attend the provider's judicial education program.
19. MISAPPROPRIATION OR THEFT OF FUNDS.
The grantee must, immediately upon discovery, report in writing to the Judicial Education Auditor any evidence of misappropriation or theft of funds. The report must contain a description of the event, dollar amounts involved, dates, names of perpetrators, and remedial actions taken by the grantee.
20. GRANTEE COMPLIANCE. The Court of Criminal Appeals may withhold funds from a grantee, reduce their grant amount, or impose penalties if it determines that the grantee has failed to comply with established rules, guidelines, grant conditions, due dates, or contractual agreements on which the award of the grant is predicated. If the Court’s funding is insufficient to meet grant allocations, grant amounts may be reduced or funding withheld.
21. TERMINATION FOR CAUSE.
(a) The Court of Criminal Appeals may terminate a grant for failure to comply with:
(1) Applicable state laws, rules of the Court of Criminal Appeals, regulations, policies, or guidelines; or
(2) Terms, conditions, standards, or stipulations of grant agreements.
(b) The Court of Criminal Appeals may adjudge a grantee ineligible for future grant awards if a grant awarded to the grantee is terminated for cause.
22. MONITORING. The Court of Criminal Appeals may monitor the grantees' financial, administrative, and program activities on an ongoing basis. Grantees must promptly provide information and documentation upon request. Monitoring may be conducted at training conferences and seminars without notice.
23. AUDITS. The following pertains only to audits of grants awarded by the Court of Criminal Appeals and its grant-funded activities. A grantee’s private funds and activities are exempt from this grant condition:
Financial and Performance audits or reviews of grantees may be conducted by the Court of Criminal Appeals or its contractors. Grantees must satisfy the auditor’s request for information within deadlines prescribed by the auditor. Grantees must accommodate auditors in their work efforts and allow free movement within the grantee organization or training site. Documentation to be audited must be submitted to the Court of Criminal Appeals upon request
(a) Records Subject to Audit. All records held by the grantee in support of grant activity are subject to audit by the State Auditor or the Judicial Education Auditor, or Performance Auditor in accordance with provisions of state law and the General Appropriations Act and by the Court of Criminal Appeals.
(b) Support Documents Handoff Sheet. All records to be audited must be listed on a support documents handoff sheet which is provided by the grantee and signed by the receiver of the records. The support handoff sheet must include the following information: Grantee name, date records were provided, name and position of person conveying the records, document numbers or check numbers, or range of document or check numbers, and name of person receiving the records Records should be conveyed in boxes or folders and document numbers or check numbers clearly written on the face of the box or folder. Also, the boxes or folders must be numbered consecutively, e.g. box 1 of 5.
This grant condition applies to anyone receiving grant records, inside or outside the grant program, including the Court of Criminal Appeals auditor or other staff, and external auditors or board members.
When records are returned to the grantee the date of return and name of person returning the records should be written on the support handoff sheet and filed.
(b) (c) Audit Findings. A grantee may be required to make changes or improvements to their system of internal controls as recommended by the State Auditor or the Court of Criminal Appeals, or Performance Auditor. Disallowed costs must be refunded to the Court of Criminal Appeals unless otherwise directed. as directed by the Judicial Education Auditor or the Court of Criminal Appeals Failure to implement the changes without
adequate justification may be considered cause for termination of the grant.
(c) (d) Audit Scope. Audit scope may include virtually any process or activity funded by grants awarded by the Court of Criminal Appeals, including but not limited to qualitative assessments, management audits, performance audits and reviews, and compliance audits. Auditors may appear unannounced at grantee organizations or any grant-funded training events.
(d) (e) Resolution of Findings. Any requests for support documentation or additional information regarding any audit findings must be submitted within 30 business days of the request. Failure to respond within the prescribed time will result in remedial action at the Court’s discretion. The Court may, on a case by case basis, grant up to a 90 day extension in order for grantees to provide support documentation on audit findings.
24. INDEPENDENT ANNUAL AUDITS OF All FUNDS.
Grantees shall provide to the Court of Criminal Appeals a report of an independent annual financial audit including audit findings of all funds subject to the control of the grantee's governing board, including the funds provided by this grant. The independent auditor shall be instructed to present the financial statements in columnar format to enable the reader to identify separate funding sources. Grantees shall have six (6) months subsequent to the closing of their non-grant fiscal year in which to provide the Court with a copy of the report. Failure to comply will result in grant funds being withheld or possible termination of the grant. Grant funds may not be expended for obtaining audits on non-grant funds. Grant funds may be used to cover the portion of the audit related to grant funds providing the grantee obtains three bids and receives Court approval prior to the expending grant funds for this purpose.
25. INSURANCE.
(a) Fidelity Bonds. Each grantee shall maintain in full force and effect during the term of this grant a fidelity bond of at least $10,000.00 for each grant funded employee.
(b) Property/Casualty and Liability Insurance. Grant funds may be expended for the purpose of fire, theft, or property insurance for the grant funded portion of a grantee’s organization, or for liability insurance for grant funded employees, officers, and board members of grantees.
26. INTEREST INCOME. Interest earned on deposits of grant funds must be reported as grant interest income and expended for purposes of the grant or paid
back to the Court of Criminal Appeals. Expenditures of interest income are reported as expenditures of grant funds.
27. TRAVEL REGULATIONS. Grantees are required to comply with all of the following regulations Grantees may not ask the Court of Criminal Appeals or any of its staff for an exception to these regulations:
(a) General.
(1) Actual and Necessary Expenses for Meals and Lodging. Actual and necessary expenses may be reimbursed only to appellate, district, and statutory county judges attending courses pursuant to sections 56.003(b) and 74.062 of the Government Code, and committee and board members of the Texas Center for the Judiciary, Inc., and faculty who teach courses approved by a grantee's education committee. All grantee staff is subject to staterate limitations, as are board and committee members of all grantees other than the Texas Center for the Judiciary, Inc.
Actual and necessary expenses may not exceed twice the state rate limitations, as set forth in Grant Condition 27 b-c.
(2) Out-of-state Lodging and Meals. Out-of-state travelers may be reimbursed for actual lodging and meals, not to exceed the out-ofstate rates issued by the U.S. General Services Administration. Travelers eligible for actual and necessary reimbursement as provided by 27 (a) (2) are limited to twice the out-of-state rates issued by the U.S. General Services Administration. A print-out of the U.S. General Services Administration’s rates for the traveler’s duty point must accompany the supporting documentation for payment of the reimbursement.
(3) Conservation of Funds. Grantees are responsible for ensuring that travel arrangements are the most cost effective in all regards without compromising an acceptable level of quality.
(4) Travel Advances. Travel advances are allowed only if they are accounted for using the "receivable method." Grantees are responsible for contacting the Judicial Education Auditor if there is any question as to how the method works. The Court of Criminal Appeals may revoke a grantee's right to travel advances if a perceived pattern of violation exists.
(5) Procurement of Hotels. Grantees may select hotels through negotiation to obtain the best quality at the best price in lieu of a bidding process whereby the lowest bidder is awarded the contract.
(6) Padding Prohibited. Grantees may not agree to pay more than the true price for goods or services in order to get a price break for another class of goods or services. This is intended to prevent the circumvention of state rates. For example, a grantee would be in violation for arranging with a hotel to pay a higher price than the hotel's normal price for rental of a conference room in exchange for a lower than normal price for staff lodging where the normal price is higher than the state rate
(7) Personal Expenses. The grant may not pay for personal expenses even if the traveler intends to repay the grant at some future point. Therefore, when a traveler stays at a hotel which the grantee will pay directly, the traveler must pay for any personal expenses out-of-pocket prior to departing the hotel. The grant may not at any time be in a receivable status with regard to a traveler's expenses.
(8) Vouchers must be Signed and Certified. Travel vouchers are valid only when they are signed by the claimant and they contain a statement certifying that the claimant guarantees the charges are true and accurate.
(9) Grantees May be More Restrictive. Grantees may at their option impose more restrictive travel regulations than that provided in this grant condition. At no time may they be less restrictive.
(10) Areas Not Covered by These Regulations. These regulations are not to be construed as covering all possible situations. Where these regulations are silent, the Court of Criminal Appeals reserves the right to make any judgments deemed appropriate. Grantees are responsible for seeking the Court's approval before taking a course of action that is not covered by these regulations.
(11) Applying Savings in Lodging Expenses to Meals, and Vice Versa, is Prohibited. For example, a grantee whose actual lodging expenses are under the maximum state rate may not apply the savings to meals expenses which are over the state meal rate. Likewise, savings in meals may not be applied to lodging.
(12) Travel Outside of the Contiguous United States The grant will not pay for travel outside of the contiguous United States.
(13) Out-of-State Staff Travel. Any out-of-state staff travel using grant funds must be pre-approved by the Court of Criminal Appeals.
(14) Expense Limit per Participant. The maximum amount of travel expenses per participant is limited to $750 per year.
Exception. Pursuant to Government Code section 74.062, district, statutory county, appellate and associate judges, and their court personnel are not limited to $750 per year.
(15) 60 Days for Travel Claim Submissions. Travel claims must be submitted to the grantee for processing within 60 days following the travel event. Grantees are not allowed to process late submissions. This includes the travel of participants, staff, faculty, board and committee, and any other class of traveler.
(b) Meals. Except for grant conditions 27 (a) (1) and (2), meals are limited to $36 per day.
(1) Within Designated Headquarters. A claimant may not be reimbursed for meal expenses incurred within designated headquarters. For example, if Austin is the area comprising a claimant’s designated headquarters, meal expenses may not be claimed when incurred within the Austin metropolitan area, even if during travel to or from an area outside of Austin.
Exception - meals may be claimed when in conjunction with a seminar or committee/board meeting regardless of location.
(2) Within Area of Residence. A claimant may not be reimbursed for meal expenses incurred within their area of residence. For example, a traveler resides in Llano and commutes to work in Austin. Meal expenses may not be claimed when incurred in Llano or any points of travel to Austin.
Also, meal expenses incurred within a traveler's area of residence may not be claimed for travel to destinations other than designated headquarters, such as a seminar location, or other points of duty. However, meals may be claimed when incurred at points between residence and duty point when the duty point is other than designated headquarters.
Exception - meals may be claimed when in conjunction with a seminar or committee/board meeting regardless of location.
(3) Supporting Documentation. Receipts are required for reimbursements to individual claimants and must be supported by the individual’s signed travel voucher. If the tracking of receipts would present an unreasonable burden on a grantee’s staff the grantee may request a special exemption from this grant condition from the Court of Criminal Appeals. Receipts are also required as support for the cost of meals provided at training events that are direct-paid to hotels or food service providers during a training event.
a. Unallowable Costs. The grant will not pay for the cost of tips and gratuities or any other unallowable cost specified in these grant conditions. If uncertainty exists as to the allowableness of a cost the grantee should seek guidance from the Court before charging the cost to the grant.
b. Group Meals Disallowed. The grant will not pay for the cost of group meals incurred at restaurants, such as the cost of meals incurred at staff, board or committee meetings, even when associated with training events. Individual claimants may claim reimbursement for such meals on travel vouchers subject to rates provided in these grant conditions.
1. Speaker Meals Exception. The grant will reimburse grantees’ private funds account for the cost of group speaker meals subject to rates and restrictions in these grant conditions. Reimbursements from the grant must be supported by: (1) actual, legible receipts, (2) the names of the speakers who incurred the meal expenses, and (3) a copy of the credit card statement if a credit card account was used. The grant will not reimburse for the cost of non-speakers who are included in the group meal expense. The grant will also not reimburse an individual or any other source other than the grantees’ private fund account.
c. Hotel Room Service Disallowed. The grant will not pay for the cost of room service at hotels. Individual claimants may
claim reimbursement for such meals on travel vouchers subject to rates provided in these grant conditions.
(c) Lodging. Except for the provisions of grant conditions 27 (a) (1) and (2) the cost of lodging is limited to $85 per day, taxes not inclusive. rates provided by the U.S General Services Administration as permitted by the Texas Comptroller of Public Accounts. The rates are exclusive of taxes. The grant will pay only for lodging that is incurred at a commercial lodging establishment.
(1) Taxes. Only lodging taxes the grantee is legally required to pay are allowable.
(2) Receipts Required. Copies of receipts are acceptable. Affidavits are not acceptable at any time.
a. Valid receipts. Valid receipts contain the following information: name of traveler, name of establishment, daily room rate, and an itemization of charges by date. Credit card slips or other supporting documents qualify as valid receipts only if they contain all of the information just described. Internet booking receipts such as Expedia, Travelocity, etc., are not valid receipts.
(3) Shared Lodging. When two or more travelers share a room they each are eligible for a maximum reimbursement of the grant lodging rate for one person per day, taxes not inclusive (also, except for the actual and necessary provisions of grant condition 27 (a) (1) However, the amount reimbursed to each may not exceed each traveler's equal portion of the total lodging expense.
(4) Attrition. Grantees should take steps to minimize lodging charges due to unfilled rooms. Grantees can accomplish this through aggressive negotiation when procuring lodging
(d) Travel.
(1) Mileage. Mileage is reimbursable at $.45 per mile for use of the claimant's vehicle.
a. Route Determination. The number of reimbursable miles may not exceed the number of miles of the most costeffective, reasonably safe route between two destination points. In determining the most cost-effective, reasonably
safe route, the Court may consider the route that provides the shortest distance, the quickest drive time, or the safest road conditions.
Note: Mileage incurred because of receiving inadequate directions or being lost is not reimbursable.
b. Mileage Calculation. Mileage between destination points must be calculated using a mapping website (e.g. Google Maps, MapQuest). Supporting documentation for mileage must include a printout from a mapping website showing, at a minimum, the city and state of the destination points. The printout must be sufficiently detailed for the Court to verify the number of miles.
Note: Mileage may not be calculated using only a vehicle odometer reading.
1. Fuel In Lieu of Mileage. The grant will pay for the cost of fuel in lieu of mileage for use of the claimant’s vehicle, but only if the cost is less than mileage.
2. Travel between residence and duty point. The maximum amount of mileage allowable when traveling between residence and duty point is the lesser of the distance between duty point and the claimant's residence or designated headquarters.
For example, a claimant whose designated headquarters is in Austin travels from his/her home in Georgetown to a duty point in Dallas. The maximum mileage allowed is the distance between Georgetown and Dallas. Now assume instead that the duty point was San Antonio. The maximum mileage allowed would be the distance between Austin and San Antonio since Austin is the claimant's designated headquarters.
3. Travel between residence or designated headquarters and an airport. Mileage to and from the claimant’s residence or designated headquarters and an airport is reimbursable. The maximum amount of mileage allowable is the lesser of the
distance between an airport and the claimant’s residence or designated headquarters.
(2)Airfare. The grant will pay for the cost of the lowest available airfare that is supported by an original or copy of the airfare receipt. A credit-card slip or billing is acceptable if it contains the name of the traveler and airline, the ticket number, class of transportation, fare basis code, travel dates, and dollar amount paid. Affidavits are not acceptable.
a. First Class Airfare. Any class of airfare other than the lowest class is unallowable unless it is the only class available, in which case the supporting documentation must include a statement to that effect.
b. Personal Aircraft. The grant will pay for personal aircraft mileage using rates provided by the Texas Comptroller of Public Accounts.
c. Fuel In Lieu of Mileage. The grant will pay for the cost of fuel in lieu of mileage for aircraft, but only if the cost is less than reimbursable mileage.
(3)Rental Car. The grant will pay for car rental only if paid to a car rental company. The grant will pay for fuel for the rental car, and taxes for which the traveler is not legally exempt. The grant will not pay for liability insurance supplements, personal accident insurance, safe trip insurance, or personal effects. The grant will not pay for the rental of luxury vehicles. Receipts or copies of receipts are required. Affidavits are not acceptable.
(4)Taxis, Shuttles, Bus. The grant will pay for the cost of taxis, shuttles, and bus fares. Receipts are not required unless travel is between cities.
(5)Parking and Tolls. The grant will pay for the cost of parking and tolls. Receipts are not required.
a. Valet Parking. The grant will not pay for the cost of valet parking unless the hotel requires it or the traveler is handicapped. In either case, supporting documentation must contain a statement to that effect.
(e)Other Travel Expenses.
(1)Phone. The grant will pay for the cost of phone calls that are necessary and grant related. Long distance and cell-phone calls must be supported by a statement, billing, or receipt. The traveler must earmark the specific calls on the support documentation by writing "grant related" next to the charges. The support document must contain the claimant's printed name and signature.
(2)Registration Fees. The grant may pay the cost of registration fees for a course, seminar, or similar event if the purpose is clearly within the objectives of the grant. Supporting documentation must include a copy of the registration form, letter, or notice, and a receipt, canceled check, or a credit-card billing or statement.
(3)Incidentals. The cost of incidentals such as photocopying, shipping, postage, loading/unloading, internet access charges, and facsimile charges are allowable. In all cases, receipts must support them. Any expenses deemed personal in nature will be disallowed.
(4)Breaks. The cost of seminar breaks and other breaks, such as board and committee breaks, is limited to $15 per person per day.
28.SPEAKER'S FEES. Officers, board members, employees, or members of the education committees of the grantee or of the parent professional organization, and members of boards and committees that oversee the operations of the grantee training centers, shall not be paid as a speaker at seminars sponsored by the grantee.
Grantees may not pay a state employee a speaker fee if the employee receives compensation (including vacation and sick pay) from his or her regular employment with the State of Texas at the same time.
Prior approval must be obtained from the Court of Criminal Appeals before a grantee may enter into an agreement to pay a speaker an amount in excess of $1,500 from grant funds for a speaking engagement. The grantee must provide the Court with information on how the speaker was selected.
29.PUBLICATIONS. Publications that are published by the grantee and funded by grant funds must include a statement that the publication was funded by a grant from the Court of Criminal Appeals. A copy of each grant-funded publication such as newsletters, seminar brochures, reference books, etc., other than course materials provided to participants, must be submitted to the Court of Criminal Appeals. Grantees may charge the Court of Criminal Appeals for published materials that are normally provided to others at a cost.
30.PURCHASE OF VIDEO TRAINING TAPES. To avoid duplicate purchases, grantees shall coordinate with other judicial-education grantees the purchases of educational video training tapes. Video training tapes purchased by one grantee shall be made available to other grantees for possible use upon mutually accepted terms.
31.COORDINATION OF TRAINING EVENTS SCHEDULES. The Court of Criminal Appeals may require a grantee to adjust the timing and/or location of training events in order to prevent grantees from competing for the same class of participants at the same time.
32. DEADLINE FOR COURT APPROVAL. All requests requiring approval from the Court of Criminal Appeals must be received AT LEAST seven (7) business days prior to when a decision is needed by the grantee.
Get to know your staff! The loop report is sent out every Friday to TCDLA and TCDLEI Board members and CDLP, Executive Committees. Below are three items highlighting what staff are working on this week. Feel free to contact any staff member with questions or assistance.
Melissa J. Schank
Chief Executive Officer | Bio | Hire Date: 1/1/2005 – 18 years | Full time
Paid Percentage Split: TCDLA 40.49% | CDLP 54.39% | INNO 5.12% mschank@tcdla.com | 512.646.2724 direct line | 512.619.2060 cell
Mari Flores
Chief Financial Officer | Bio | Hire Date: 2/1/2012 – 10 years | Full time
Paid Percentage Split: TCDLA 39.32% | CDLP 60.68% mflores@tcdla.com | 512.646.2727 direct line | 512.743.5149 cell
Rick Wardroup
Curriculum Director/Staff Attorney | Bio | Hire Date: 3/1/2011 – 11 years | Full time
TCDLA is seeking enthusiastic and motivated individuals for upcoming openings to its 2024–2025 committees. Committee descriptions and mission statements are listed on the website. Complete the form below and check one or more of the committees that you would be interested in serving on.
Responsibilities ofaTCDLA Committee Member:
1. Member of TCDLA.
2. Committees will provide advice, guidance and recommendations to the TCDLA President and/or Board of Directors on relevant matters related to their particular committee.
3. Committees will have assigned responsibilities associated with TCDLA’s strategic plan and objectives.
4. Meet throughout the year via zoom call and/or at quarterly board meetings.
5. Members are expected to review and respond to email requests in a timely fashion.
6. Committee Chairs are expected to prepare written reports for inclusion in the board packets for each board meeting. Any items requiring a decision of the Board should be included on agenda. Committee members will assist chairs in the preparation of reports.
7. Visit TCDLA website for committee mission statements and procedures.
Your information
Last name
First name
Law school Years in practice
Primary areas of practice
Contact information
Work phone Cell phone
Email
Committee preference: Select committees you would like to serve on or scan the QR code to complete the online form.
❏ Amicus (Brief) Curiae
❏ Bylaws
❏ Cannabis
❏ Capital Assistance
❏ Client Mental Health
❏ Corrections & Parole
❏ Crimmigration
❏ Diversity Justice & Inclusion
❏DWI Resources
❏ Ethics
❏ Federal Law
❏ Judicial Conduct
❏ Juvenile Justice
❏ Law School Students
❏ Listserv
❏ Long-Range Planning
❏ Managed Assigned Counsel
❏ Media Relations
❏ Membership
❏ Memo Bank
❏ New Lawyers
❏ Nexus (Seminars)
❏ Prosecutorial Conduct
❏ Public Defender
❏ Rural Practice
❏ Social Media
❏ Strike Force
❏ Technology & Communications
❏ Transcript
❏ Veterans Assistance
❏ Health & Wellness
❏ Women’s Caucus
Email the completed form with a brief resume. The form may include a personal statement describing your interest in serving on a committee to ksteen@tcdla.com by July 1, 2024 but accepted throughout the year
How to Donate
Annual Gift – Contact us to set up a recurring gift. You can donate to TCDLEI annually, quarterly, or monthly.
One time donation – We are always grateful for any donations we receive.
What Do You Get?
We have various levels of recognitions. All contributions are tax deductible.
$10,000+ - Gideon’s Trumpet:
Your name or your rm’s name will appear on signage for Rusty Duncan, the Tim Evans Texas Criminal Trial College, and the CDLP theme seminars. You will receive ve tickets to the Rusty Duncan awards luncheon. All the items below are also included.
$5,000 - $9,999 - Miranda’s Circle:
Your name or your rm’s name will appear in Voice for the Defense for an entire year (10 issues).
Three tickets to the Rusty Duncan awards luncheon. All the items below are also included.
$3,000 - $4,999 - Brady’s Bar:
Donors in this tier are acknowledged once a year in our magazine, Voice for the Defense.
Your name or your rm’s name will be featured annually on our website. Signage with your name or your rm’s name will be featured during the annual Rusty Duncan Advanced Criminal Law Course.
You will receive a Certi cate of Appreciation. You will receive a special gift.
You will be featured in the “Super Fellows” list on our website. You will receive one ticket to to the Rusty Duncan awards luncheon. All the items below are also included.
$1,500 - $2,999 - The Defender:
Your name or your rm’s name will appear on TCDLA.com for six months. All the items below are also included.
$750 - $1,499 - The Associate:
Your name or your rm’s name will be listed on the commercial run during seminar breaks.
Your name or your rm’s name will appear on TCDLA.com for three months. You will receive a letter of acknowledgment.
Texas Crimina l Defens e Lawyers Association
The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education
Who Are We?
Texas Criminal Defense Lawyers Education Institute (TCDLEI) is a non-pro t educational foundation supporting the Texas Criminal Defense Lawyers Association (TCDLA). The goal of TCDLEI is to promote the administration of justice in Texas by providing assistance to lawyers without the nancial ability to attend the various statewide o erings of criminal-based continuing legal education. Together, these organizations advance the following goal:
“To protect and ensure by rule of law those individual rights guaranteed by the Texas and Federal Constitutions in criminal cases; to resist the constant e orts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives though educational programs and other assistance; and through such cooperation, education and assistance to promote justice and the common good.”
In a state that leads the nation in prisoner executions, TCDLA has been in the forefront of a push to reform criminal jurisprudence nationwide—most notably in recent years in the crusade against “junk science,” awed forensic science, and untested or unproven theories presented as scienti c fact in the courtroom. Let there be no mistake about the gravity of this problem. False murder convictions in our state have found their origins in bite-mark analysis, blood-spatter patterns, questionable DNA and ngerprint analyses, and even arson investigation techniques.
But this only scratches the surface of problems in our criminal justice system. TCDLA o ers training on issues relating to:
• shaken-baby syndrome;
• reliability of eyewitness identi cation;
• withholding of exculpatory evidence, as well as lack of penalties for doing so;
• arbitrary prison sentences;
• racial bias in convictions and length of sentences;
• discrepancies among states in adjudged mental disability;
• reliability of expert testimony (and credentials);
• science associated with DWI convictions and eld drug-testing;
• problems in certi cation of medical examiners (some since discredited) or awed autopsies;
• crime labs that have been accredited despite a history of misconduct and sloppiness.
The proper functioning of our criminal justice system requires lawyers trained on discovering and addressing these types of issues—training that parallels if not exceeds that of a well-funded district attorney’s o ce. That is precisely what these two organizations do, year in and year out through o erings like The Rusty Duncan Advanced Criminal Law Seminar, Trial Lawyers College, and the Criminal Defense Lawyers Project—a traveling CLE circuit o ered at various locations throughout the State of Texas.
When factoring in air fare, hotel accommodations, and other miscellaneous expenses, the costs of attending these seminars can be prohibitively high for many attorneys. Every year TCDLEI provides scholarship opportunities to young attorneys, public defenders, and many others. But, our organization can only do this through the support of donors like you.
What You Provide
Your generous contribution to the TCDLEI can be applied in several ways to fund a variety of legal and educational services for our membership. All contributions are tax deductible.
Endowment Fund – Donations to this fund go toward various scholarships for law students, underrepresented groups, and new lawyers. TCDLEI provides over $50,000 in scholarships annually. These scholarships help with travel to various CLE seminars put on by TCDLA.
Our scholarships include:
• General Scholarships
• Christine S. Cheng Memorial Asian-American Scholarship & Travel Fund
• Charles Butts Law Student Scholarship
• Bertha Martinez Trial College Travel Scholarship
• Kelly Pace Memorial New Lawyer Travel Fund
• Associate Fellows Fund
• Fellows Fund
• Super Fellows Fund
Estate Fund – Please consider making TCDLEI a beneficiary in your estate plan. TCDLEI may receive property under a Last Will and Testament and also life insurance proceeds. This is a great way to be a TCDLEI Legacy donor. Contact us to get set up today.
Capital Fund – Our home in Austin is our headquarters and is almost 20 years old. We anticipate our building will require a roof replacement and our flood-damaged concrete floors will need repair. We need your help to raise a minimum of $30,000 to maintain our home.
Texas Criminal Defense Lawyers Educational Institute
Make a Difference Support an Attorney
The Texas Criminal Defense Lawyers Education Institute (TCDLEI) is committed to ensuring the fair administration of justice in Texas through the continuing legal education of criminal defense lawyers and their staff. Your generous tax-deductible contribution to the Texas Criminal Defense Lawyers Educational Institute can be applied in several ways to fund a variety of legal and educational services for our membership. Deserving members without the wherewithal to attend our seminars can get financial aid o help in their continuing legal education.
Pledge Options
Choose a fund that’s near and dear to you:
q ASSOCIATE FELLOWS FUND ($750) q FELLOWS FUND ($1500)
q In one lump sum q Quarterly q Monthly
I would like to designate this donation for use on these specific funds: Donate Monthly in the amount of $_________
SUPER FELLOWS FUND ($3000) q in __________ payments of $ __________
q CHARLES BUTTS LAW STUDENT SCHOLARSHIP in the amount of $_________
q CLE SCHOLARSHIPS in the amount of $__________ COMANCHE CLUB in the amount of $__________
q CHRISTINE S. CHENG MEMORIAL ASIAN-AMERICAN SCHOLARSHIP & TRAVEL FUND in the amount of $__________
q BERTHA MARTINEZ TRIAL COLLEGE TRAVEL SCHOLARSHIP in the amount of $__________
q KELLY PACE MEMORIAL NEW LAWYER TRAVEL FUND in the amount of $__________
q CLIFTON "SCRAPPY" HOLMES MEMORIAL INDIGENT DEFENSE SCHOLARSHIP FUND in the amount of $__________
q 25K DISTINGUISHED LIFETIME FELLOW $__________ BUILDING FUND in the amount of $__________
RSVP
September 5-7, 2024, Boards and Committee Meetings
Dallas, Texas
ACTION NEEDED: email ksteen@tcdla.co m, call 512-646-2721 or fax 512.469.9107
Location September 5-7, 2024, Dallas, TX Phone Rate The hotel cutoff date is 8/31/2024 or Aloft Dallas Downtown 1033 Young Street, (214) 761-000 s/d: $139 until filled, whichever occurs first.
Important Dates and Times at Aloft Downtown Dallas
