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 e orts 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.
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
AGENDA
Board Meeting
Drury Hotel – Willow Ballroom – Arlington, Texas Updated (2/11/25)
Saturday, March 1, 2025 10:30 am – 12:30 pm
Call to Order, David Guinn President
Roll Call
Welcome
Introduction of Past Presidents
Introduction of Guests Report and Comments
Special Recognition of Course Directors and CDLP Chair
Judge Stipends
Amicus Recognition
Minutes, David Guinn
Review and approve minutes from January 11, 2025, TCDLA Board Meeting held in Lubbock
Recognition of Fallen Heroes, David Guinn
John Tatum (Lufkin), Tim Edwards (San Angelo), Jacob Loehr (Austin)
TCDLEI Chair Comments, Jim Darnell
Charlie Butts Recipient Winner, Sam Bassett
Chief Executive Officer’s Report, Melissa Schank
Staff Anniversaries
Report Cards
Annual Report
Seminar Report
Membership Report
Write Offs Report
Strategic Plan Updates
Declaration Reading, July 3, 2025
Constitution Day, September 18, 2025
State Bar of Texas President Steve Benesh
Curriculum Director/Staff Attorney Report, Rick Wardroup
Capital Assistance
Publication Report & Sales
Publication on App
Budget and Finance Committee Report, Lance Evans
FY 25 Current Financials
Voice for the Defense, Jeep Darnell
Assistant Editors – Sarah Roland, Clay Steadman, Amanda Hernandez, Jeremy Rosenthal, John Gilmore, III and Anne Burnham
Board Member Responsibility Article Report
38th Annual Rusty Duncan Advanced Criminal Law Course, Sarah Roland
Course Directors: Angelica Cogliano, Michael Gross, David Moore, Sarah Roland
June 19-21, 2025, Hyatt Regency Riverwalk, 123 Losoya St San Antonio, TX 78205
Hotel reservation deadline: May 27, 2025
Board Meeting
Drury Hotel – Willow Ballroom – Arlington, Texas Updated (2/11/25)
Saturday, March 1, 2025 10:30 am – 12:30 pm
Members Retreat and TCDLA, CDLP, TCDLEI Orientation, Nicole DeBorde Hochglaube
South Padre Island
Members’ Retreat with President-Elect Nicole DeBorde Hochglaube, July 9-13, 2025
Trainer for Trainers, July 9, 2025
The Way of the Warrior, July 10-11, 2025
TCDLA, CDLP, and TCDLEI Orientation, July 12, 2025
President’s Trip, David Guinn
President David Guinn, Boston, April 2-6, 2025
Other Commission and Taskforce Reports
Texas Forensic Science Commission (Mark Daniel)
Texas Indigent Defense Commission (Alex Bunin)
Governor’s Criminal Justice Advisory Board Council (Sam Bassett)
Texas Board of Legal Specialization (Craig Jett)
Liaison to SBOT Criminal Justice Section (Dwight McDonald)
Judicial Commission on Mental Health (Alyse Ferguson)
Judicial Mental Health Council (Melissa Schank)
Criminal Justice Section Committee - Drug Testing Protocols (Mark Daniel)
Committee Reports
Affiliates (Laurie Key, Jeremy Rosenthal)
Amicus Curiae (Kyle Therrian)
Attorney Outreach & Engagement (Dwight McDonald, Huma Yasin)
Awards (David Botsford, John Hunter Smith)
Budget (Lance Evans)
By-Laws (Paul Tu)*
Capital Assistance (Patrick McCann)
Cannabis (Don Flanary)
Client Mental Illness (Alyse Ferguson)
Corrections & Parole (Gene Anthes)
Criminal Defense Lawyers Project (Paul Tu)
Crimmigration (Julie Pasch)
DWI Resource (Tyler Flood, Doug Murphy)
Executive (David Guinn)
Ethics (Robert Pelton, Brent Mayr)
Federal (Roberto Balli, Russell Lorfing)
Health & Wellness (Savannah Gonzalez, David Ryan)
Indigent Defense (Suzanne Spencer)
Judicial Conduct (Lisa Greenberg, Philip Wischkaemper)
Media Relations (Lisa Greenberg, John Torrey Hunter)
Membership (Dustin Nimz, Addy Miro)
Mentor/Mentee (Jason Parrish, Jani Masselli)
Memo Bank (Tip Hargrove)
New Lawyers (Patty Tress, Mehr Singh)
Nexus (Paul Tu, Molly Bagshaw)
Nominations (Nicole DeBorde Hochglaube)
Past Presidents (Kerri Anderson Donica)
Prosecutorial Conduct (Monroe Solomon III, Thomas Wynne)
Public Defenders (Eric Davis, Clifford Duke)
Rural Practice (Paul Harrell, Shane Phelps)
Sexual Assault (Clay Steadman)
Social Media (Aaron Diaz, John Gilmore)
Strike Force (Nicole DeBorde Hochglaube, Reagan Wynn)
Technology (Clifford Duke, Sean Hightower)
Transcript Database (Mathew Smid)
Veteran’s Assistance (Paul Harrell, Jon Shelburne)
Women’s Caucus (Amanda Hernandez, Sarah Roland)
Criminalization of Reproductive Health (Nicole DeBorde Hochglaube)
Investment (Frank Sahr)
Board Meeting
Drury Hotel – Willow Ballroom – Arlington, Texas Updated (2/11/25)
Saturday, March 1, 2025 10:30 am – 12:30 pm
Old and New Business
Next Meeting: Saturday, June 21, 2025: 10:30 am
Board Dinner, Friday, February 28, 2025, at 7:00 pm
Hyatt Regency on the Riverwalk – click for hotel reservations (210) 222-1234 | Hotel Cut-Off: 5/25/2025 or until full, whichever occurs first
Adjourn*
TCDLA Board of Directors Meeting MINUTES
Saturday, January 11, 2025
Texas Tech Law School – Room 250 | Lubbock, 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
David Guinn, the President, calls the meeting to order at 10:19 am. A quorum was present.
Roll Call:
Officers
P David Guinn, President
P Nicole DeBorde Hochglaube, President-Elect
P Clay Steadman,1st VP
P Sarah E. Roland, 2nd VP
P Lance Evans, Treasurer
P Adam Kobs, Secretary
P Jeep Darnell, Voice Editor
A John Hunter Smith, Immediate Past President
P Paul Tu, Parliamentarian
Directors
E Sam Adamo
E Molly Bagshaw
A Robert Barrera
P Lara Bracamonte Davila
P Anne Burnham
A Jessica Canter
A Jason Cassel
E Garrett Cleveland
A Angelica Cogliano
E Justin Crisler
P Cesar De Leon
E Aaron Diaz
E Clifford Duke
A Michael Edwards
A Brian Erskine
P Joseph Esparza
P Don Flanary
A Robert Gill
E John Gilmore
P Lisa Greenberg
P Paul S. Harrell
P Sean Hightower
E Joseph Hoelscher
E Johnathan Hyatt
P Kameron Johnson
A JoLissa Jones
E Sean Keane-Dawes
P Ryan Kreck
E Peter Lesser
P Jani Maselli Wood
A Lauren McCollum
E Addy Miro
Key: P = Present; E = Excused Absence; A = Unexcused Absence
A Dean Miyazono
P Oliver Neel
P Mitchell Nolte
P Mario Olivarez
P Stephanie Patten
E Rebekah Perlstein
P Shane Phelps
P Rick Russwurm
E Annie Scott
E Lisa Shapiro Strauss
E Matthew Smid
P Sara Smitherman
P Monique Sparks
E Suzanne Spencer
P Fred Stangl
P Scott Stillson
E Rebecca Tavitas
E Mark Thiessen
P Patty Tress
P Amanda Webb
E Theodore Wenske
A Judson K. Woodley
Past Presidents in Attendance: John Convery, Dan Hurley, David Moore, Bill Wischkaemper
David welcomed everyone to the Board Meeting. David acknowledged Past Presidents and thanked them for attending.
Special Recognition of Course Directors and CDLP Chair, David Guinn
CDLP Chair, Paul Tu
Paul reported a great quarter for CDLP and expressed appreciation to the Course Directors for the programs from the last quarter from 8/16/24 to 11/15/24 - 29 courses, 2,135 attendees and over 282.5 hours of CLE, 33.75 ethics. Capital trained 78, with 7.25 CLE, 1.0 ethics.
Paul also thanked Dustin Nimz for a great presentation during the Way of the Warrior Labor Day seminar and Vice Chair Patty Tress for stepping up to help at that seminar. Come on out for our next Way of the Warrior seminars: January 24th - Waco, April 11thTyler. Also come out to South Padre for the Trainer of Trainers and the Way of the Warrior in July.
February 20-21: MAC training - please help by inviting people to this seminar that are employed by MAC, entire staff is eligible to attend
March 2-7: Tim Evans Criminal Trial College is full and there is a waiting list. If you know someone who wants to attend, have them still submit their application. We may have someone dropout and if not, they will be first on the list for next year.
TCDLA Seminars and Course Directors, David Guinn
David expressed his appreciation to the Course Directors for the programs last quarter from 8/16/24 to 11/15/24 - 4 courses, 648 attendees and over 130 hours of CLE, 5.0 ethics
Date Seminar Title Course Director
08/16/24 Top Gun DWI XXII Decoding DUI
08/16/24
Financial Friday - Debt Module
Doug Murphy and Mark Thiessen
Sylvan Schwart
08/28/24 Office Hours Rick Wardroup
09/05-06/24 Criminal Law Master Class
09/13/24
Financial Friday - Asset Protection
Elizabeth Berry, Anne Burnham, and Greg Westfall
Sylvan Schwartz
09/18/24 New Lawyer - Indigent Burnout Wilvin Carter
11/07-8/24 20th Annual Stuart Kinard Advanced DWI Bobby Barrera, Adam Kobs,
11/08/24
11/13/24
Ashley Morgan, Gary Trichter
Financial Friday - Academics of Investing Sylvan Schwartz
New Lawyer - Bail Reform
Each on Reach One, David Guinn
Mark Hochglaube
An update was given on the progress to date. David would like Board members to ask people on their list how they got involved and if they know someone, they can help get involved with TCDLA.
Amicus Recognition (two have been filed), Kyle Therrian
Villarreal Update - authors Jason Edward Niehaus and Douglas Gladden
This case raises the issue of whether a trial court may exercise its dismissal authority as a remedy for an Article 39.14 discovery violation. Doug Gladden and Jason Niehaus wrote exhaustively on the history of Texas's Due Course of Law provision and how it provides protections beyond what can be claimed under the federal constitution. It is a fantastic tool to put in the tool bag of our CCA judges who think highly of trial court authority but who are without a familiar framework for explaining where it derives.
Physical presence of the defendant and those who accuse are indispensable components to the Sixth Amendment right to confrontation.
Beecher Montgomery was sentenced to 20 years' incarceration at the end of a hearing conducted in his absence. He sat in a jail cell watching witnesses accuse him of wrongdoing from the comfort of live video streams inside their homes or offices. He was unable to assist his attorney in challenging the accusations against him. The solemnity of the proceeding was underscored by the nature of the thing itself Zoom a platform for meetings where pants are optional.
TCDLA wrote on behalf of Beecher Montgomery and other litigants whose Sixth Amendment rights are denied when they are forced to defend themselves without full access to an attorney and the ability to meaningfully confront their accusers.
Minutes, David Guinn
Review and approve minutes from September 6, 2024, TCDLA Board Meeting held in Dallas.
MOTION: Minutes – September 6, 2024
Motion to approve the minutes from September 6, 2024, held in Dallas, made by Paul Harrel, seconded by Ryan Kreck - motion carries.
Declaration Reading July 3, 2025, Chuck Lanehart - on behalf of himself and Robb Fickman, thank you to TCDLA for all your help with the declaration readings. This coming July 3rd will be the 15th year of reading. We are going to try and cover 254 counties in the state of Texas.
Recognition of Fallen Heroes and Heroines, David Guinn
Charles Brown (Webster), Richard Corbitt (Dallas), Devin Coffey (Abilene), Charles Gregory III (Houston), William Harrison (Conroe), Patrick Lara (Houston), Ronald Tisdell (Georgetown), and Martin Underwood (Comstock), Connie Williams (Houston), Ron Barosso (Corpus Christi), Steven John Gilbert (Richmond)
• Staff Anniversaries – Cristina Abascal, accountant - celebrates 17 years, Keri Steen - celebrates 9 years and will be taking some time off for wellness.
• Report Cards – Everyone should look over their report cards and update, turn them into staff. Have you made the dean’s list?
• Annual Report - Currently on target for budgets. We need your help to promote the February 27 – 28th Karton/Pozner seminar. This will be in conjunction with the March 1st board meeting. I hope all of you can attend, the hotel offers breakfast and a social hour
• Seminar Report – We have increased our free seminars for members with financial Fridays, mental Mondays, roundtables with DWI, rural, Crimmigration and public defenders, and office hours.
• Membership Report – We are at 3783 members; we are down about 273. We will target the last 15 months.
• Write-Offs Report – None this quarter.
• Strategic Plan – These reports are in your packets, we have accomplished a lot and added on new resources, benefits and resources. Look over these reports to see what all we have done and accomplished
• Constitution Day – Suzanne Spencer will be heading this up, look out for notifications.
Capital Assistance, Melissa Schank and Rick Wardroup
• Capital Assistance – the Capital Assistance Committee is monitoring new capital cases. Anticipating assisting the attorneys handling the cases that develop issues which the Supreme Court has handled favorably on Constitutional grounds in the past.
• Publication Report & Sales – the Punishment Manual is at the printer and the Traffic Manual has been proofed and will be at the printer shortly. The expanded Mental Health Trial Manual is being updated by Alyse Ferguson and edited by Rick Wardroup. It is anticipated that it will be ready for printing in the next month. We are updating 42a with some changes made in January.
• Publication on App – We have been actively updating publications which are provided on our app. There have been some issues with the app company not having updated the publications as often as we have and as often as we need them to, but we believe those issues will be remedied shortly.
Budget Report, Lance Evans
• FY24 End of Year Update – Lance gave a FY24 budget report through the end of the fiscal year We had a great year and gave thanks to everyone involved in a successful year, with those involved in membership, seminars and the staff.
• FY25 Current Financials – Lance gave a FY25 budget update report through October.
Voice for the Defense, Jeep Darnell
David acknowledged Jeep and all his hard work on the Voice.
Jeep is thankful for Assistant Editors – Sarah Roland, Clay Steadman, Amanda Hernandez, Jeremy Rosenthal, John Gilmore, III, and Anne Burnham There is a lot of behind-thescenes work. Thanks to Kyle Therrian as well for SDR work for the Voice.
Board Member Responsibility Article Report – Reminder you are required to write an article for the voice. If you get an expert to write an article related to criminal defense, Jeep will give you credit on your report card. Get with Melissa if you are interested in seeing what topics of experts we need.
38th Annual Rusty Duncan Advanced Criminal Law Course, Sarah Roland
Course Directors: Angelica Cogliano, Michael Gross, David Moore, Sarah Roland
Defending Liberty Together is our theme, with great speakers lined up! We also have mental health and capital cle the day before Rusty. All our speakers have been selected, except one which we will have very soon. Donate items for the Silent Auction!
Mark Your Calendars!
June 19-21, 2025, Hyatt Regency Riverwalk, 123 Losoya St. San Antonio, TX 78205
Members’ Retreat with President-Elect Nicole DeBorde Hochglaube, July 9-13, 2025
Trainer for Trainers, July 9, 2025
The Way of the Warrior, July 10-11, 2025
TCDLA, CDLP, and TCDLEI Orientation, July 12, 2025
Please make the time to come. This will be a great opportunity to meet new people and for them to meet you.
President’s Trip, David Guinn
April 2-6, 2025 – Boston, Massachusetts. Everyone has a registration form in your packets, sign up today! We will be staying at the Omni Parker House, there will be lots of activities you will have to choose from. You can also do other activities on your own, there is so much to do. We will have a great time, please come!
Committee Reports:
New Lawyers, Keltin VonGonten
New lawyers’ reception during Rusty, this will be an early entrance invitation at Pachanga. We will have new ribbons for new members which they wear on their badges. Building Blocks seminar on August 6th will be online with a great lineup of speakers. We have a lot of articles in the Voice We still need lots of help with writing some articles, please get with the committee if you can help.
Bylaws, Paul Tu
Changes are in your packets with some minor edits. See the end of this document for edits approved.
MOTION: Bylaws amendment Nominations and Officer Clarification
Motion to approve the Bylaws amendment Nominations and Officer clarification, below, made by Lisa Greenberg, seconded by Adam Kobbs - motion carries.
Membership, Dustin Nimz
Working on how to videos and rolling out to the website, Miriam Duarte has been very helpful. We have 3783 members. David would like to be over 4,000 before his term ends. Please help as much as you can with recruitment. The Executive Committee passed a motion that allowed membership committee members to receive two Board Comps to give out for membership recruitment. LCDLA helped with membership for Praire Pups and Praire Dogs seminar. We have several membership socials coming up over the next couple of months, look out for notifications of events happening in your area.
TCDLEI, Mehr Singh
TCDLEI provided $45,000 in scholarships for FY24 Currently working on investment account for best CD yield. TCDLEI pays for Judges to receive the Voice. Distinguished Lifetime Fellow Inaugural – if you can solidify $25,000 accumulated donation you will be recognized at Rusty. In March we will announce the $5,000 3L Charles Butt scholarship recipient.
Veterans Assistance, Paul Harrell
We will be having a Veterans Justice Clinic on January 31st in San Antonio. Trying to assist representation of Veterans. We have a great lineup of speakers. If you can attend and/or help get the word out to help with attendance
Corrections and Parole, Gene Athens
The committee will get busy with the Legislative session starting. Keeping in touch with Allan. Bill to fund having A/C in jails has passed and we are starting to see more A/C’s put in jails On October 9-10 we will have the Corrections and Parole seminar in Houston
DWI, Doug Murphy
Great seminars coming up: January 29th – February 1st, DWI/SFST/DRE/ARIDE in San Antonio, and March 27th – 28th, MSE in New Orleans. Please attend and/or help get the word out.
Prosecutorial Conduct, Thomas Wynne
Issues in Denton and Wise County – looking more into this to see who all is involved in these cases. If anyone has any information let us know we are here to help.
Nexus, Paul Tu
The committee met and reviewed over 300 cle surveys. We have compiled a list of suggestions for upcoming CLEs for Nicole to review. Jeep wanted to commend Paul and Nicole for their work on this committee
Sexual Assault/Family Violence, Angelica Cogliano
Looking for a new seminar to put on and we also need some members to join this committee. Our next meeting will be on January 29th – please email Angelica if interested in being on this committee or wanting to help to put on a seminar.
Strike Force, Nicole DeBorde Hochglaube
Nicole thanked Bobby Mims for his constant help. Also, David Moore for being available during the holidays to help answer calls. Strike force is here to protect the defense function by assisting attorneys under attack for their role defending the accused.
Ethics, David Guinn
Robert Pelton states they have gotten calls from troubled members and have been helping
Old and New Business
Next Meeting: Saturday, March 1, 2025: 10:15 am
Board Dinner at Texas Live, Friday, February 28, 2025, at 7:00 pm
Drury Hotels | Rate: $156|101 E Road to Six Flags Street, Arlington, TX (817) 261-2100 | Hotel Cut-Off: 2/12/2025 | Hotel Registration Link
Register for the March Board Meetings
Register for the Karton on Voir Dire: Communication & Pozner on Cross CLE
Sign up for the Pozner/Karton seminar, complete form for reservations – dinner and socials at Texas Live, it will be super fun!
MOTION: Adjourn Meeting
Jeep Darnell made the motion to adjourn at 11:19 am, seconded by Clay Steadmanmotion carries.
Respectfully submitted, Adam Kobs
TCDLA Secretary
Texas Criminal Defense Lawyers Association Bylaws Amendments
Will be presented at the TCDLA Annual Members Meeting, June 21, 2025
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 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 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. 5. Vacancies.
A vacancy occurring for any reason in the Board of Directors caused by the death, resignation, lack of qualified applicants, or removal of the person elected or appointed thereto may be filled by Presidential 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 original term of the director replaced by death, resignation, or removal for any reason would end. Article VIII Officers
Sec. 1. Officers.
The elected officers of the Association shall consist of a President, a President-Elect, a First Vice-President, a Second Vice-President, Treasurer, and Secretary. The appointed officers are the editor of the Voice for the Defense and the Chief Executive Officer.
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, and shall be a non-voting member.
Sec. 11. Duties of the Editor.
(c) The editor of the Voice for the Defense shall have voting rights on the Executive Committee.
Article IX Elections
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, editor of the Voice for the Defense. The Chief Executive Officer is a non-voting member. 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 as a voting member as a district representative or may participate as a but shall be non-voting members. The chair of the Nominations Committee shall be the PresidentElect 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.
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
SEMINAR
CLE Hours Approved by State
FY23‐24 9/1/2023 ‐ 8/31/2024
MENTAL HEALTH REPORT11/16/2024 ‐ 2/15/2024
Date Run2/4/2025
Mindful
MEMBERSHIP
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
MEMBERS ON AUTO RENEW AND DECLINES
Membership Drops (Drops are completed on a monthly basis)
FY25 Members Not Renewing (as of 9/1/24-2/15/2024)
FY24 Members Not Renewing (as of 9/1/23-8/31/2024)
FY23 Members Not Renewing (as of 9/1/22-8/31/2023)
FY22 Members Not Renewing (as of 9/1/21-8/31/2022)
FY21 Members Not Renewing (as of 9/1/20-8/31/2021)
Membership Engagement
• Hosting membership socials in different cities for members to network.
• The Voice magazine and the new TCDLA Weekly Update email both highlight a monthly membership benefit
• Following a seminar, staff sends an email to non-members encouraging them to join.
• Staff makes monthly reminder calls to members before they expire (month of expiration), and to expired members after they expire (within 30 days)
• Postcards are mailed monthly to new members and expired members
• Scheduled emails are sent to members expiring 3 months out and 1 month out with auto login function for easy access to renew.
• Seminar envelopes include verbiage to show if a member is on Auto-Renew including paid through date. If they are not on auto renew verbiage shows “Sign up for Auto-Renew” and an auto-renewal (yellow) form is included in their seminar packet.
• Personalized renewal forms are attached to the front of seminar attendee packets for easy renewal.
Looking Ahead
• Continue implementing items from the Strategic Plan.
• Review and enhance the new member onboarding process.
• Monthly membership benefit email.
• Continue marketing membership to prospects who attend various TCDLA events.
• Incorporate ideas from the Membership Committee as feasible and appropriate.
Hotel pet fee: House burned down, car caught fire, unable to pay Multiple $300.00 Total $475.38
STRATEGIC PLANNING
EMPOWERING & SUPPORTING MEMBERS & VOLUNTEERS
Committee Members: Jeep Darnell, Lance Evans, Lisa Greenberg, Thuy Le
Staff: Miriam Duarte (Lead), Rick Wardroup, Dajon White, Anastasia Chapa
Focus on expired members and how to retain and reinstate members
Staff is calling members who lapsed within the past 15 months, followed by personal emails and a customized renewal form mailing. Monthly reminder calls continue for expiring members, and to ensure timely auto-renewal, we call, email, and mail a renewal form three times a month.
Review of evaluations from programs to ensure attendee satisfaction
Reviewed past and current CDLP & TCDLA evaluation questions to set a baseline for attendee satisfaction. We will analyze ratings from the past three years and report at the next meeting.
ENHANCING COMMUNICATION & REORGANIZING RESOURCES
Year Two: 1st Quarter Goals and Accomplishments
November 1 - January 31, 2025
Committee Members: Nicole DeBorde Hochglaube, Aaron Diaz, John Gilmore, Dustin Nimz, Paul Tu
Staff: Sonny Martinez and Alicia Thomas (Leads), Lohtse Hernandez, Lucas Seiferman, Jessica Steen,
• Call Log and Data Collection -– We successfully implemented a call log system to establish a baseline for the types of calls received by our organization. The system has been actively used throughout the quarter, and we have consistently collected valuable data that will guide us in the creation of a Frequently Asked Questions page.
• Commercial Video Campaign – Progress has been made in developing a commercial video campaign to enhance awareness of the goals for TCDLA, TCDLEI, and CDLP. Scripts for the videos have been written and distributed to the selected individuals who will feature in the recordings. Scheduling for the recording sessions is currently underway, and we remain on track to achieve our goal of reaching at least 500 views collectively for the videos.
Strategic Plan Initiative: Revitalizing the Organization
Year Two: 1st Quarter Goals and Accomplishments
November 1 – January 31, 2025
Committee Members:
Members: Michael Edwards, Amanda Hernandez, Kameron Johnson, Rocky Ramirez, Sarah Roland, Ted Wenske
Staff: Mari Flores (Lead), Cristina Abascal, Anastasia Chapa, Jayla Davis
o A list of benefits by TCDLA for full-time and part-time staff was distributed to all staff for review and an opportunity was given for staff to discuss any questions or concerns they may have regarding the benefits.
o An anonymous staff survey was created using SurveyMonkey. The purpose of the survey was to ensure that all TCDLA staff are fully aware of their benefits and to provide a safe, confidential space for them to share any concerns or suggestions for improvement. The results showed that all staff members are aware of their benefits and are satisfied with the company benefit. Attached is results of the survey and additional comments provided by staff.
o We held two meetings with our 401k representative and our insurance health provider to discuss the benefits provided under these programs and address any questions or concerns staff had.
o Compensation Sheets have been created for all staff and will be distributed during their yearly evaluation.
Each One Reach One Drive – Continued work and advertising of this drive was extended to 1/22/25 to help reach the goal of 4,000 members. We will kickoff a new drive in the next fiscal year.
Baseline of Data (Dashboard) – Updated dashboard to include data for the quarter. The dashboard was created to capture beginning data and progress data through the year such as current membership number, member satisfaction, awareness of mission statement and board report card status. See attached report and graphs.
Mission Statement – a document on how to understand the mission statement was created. See the attached report. The mission statement link has also been added to employee signature lines. The mission statement continues to appear on all board and committee agendas.
(no label)
Q1 Rank how satisfied you are with TCDLA benefits, where 5 is very satisfied, and 1 is very dissatisfied.
Answered: 16 Skipped: 0
REVITALIZAING THE ORGANIZATION - FY25 BASELINE OF DATA
REVITALIZING THE ORGANIZATION - BASELINE OF DATA CHARTS BOARD REPORT CARD SUMMARY
Officer & Director Board Meeting Attendance
2 Comp memberships per board member
REVITALIZING THE ORGANIZATION - BASELINE OF DATA CHARTS
MEMBERSHIP AND STAFF
Current Member Satisfaction Pending June 2025 results
understanding of benefits
Have You Read TCDLA’s Purpose Statement?
As a criminal defense attorney in Texas or being part of a defense team, the path to ensuring justice often feels like a relentless battle. Every case presents its unique challenges, and navigating the complexities of the law requires not only legal expertise but also a sense of purpose. That purpose is often captured in a mission statement an essential guiding principle that informs the actions, values, and aspirations of an organization or individual.
For TCDLA, a mission statement is not just a rhetorical exercise or an association formality. It was a foundational tool written by our 250 charter members, prior to December 31, 1971 They gathered and signified an intent to become members of a fledgling association of criminal defense attorneys, the primary purpose of which was to protect and defend the rights bestowed upon the citizen accused by the federal and state constitutions, and to fight the constant attacks on those rights. Because of their determination, foresight, and zealous advocacy, they wrote our purpose.
TCDLA's Purpose Statement
“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.”
This purpose statement reflects a deep commitment to the fundamental tenets of justice and individual rights. The core elements of the TCDLA mission should resonate deeply with every criminal defense attorney in Texas, emphasizing the importance of the following: Protecting Constitutional Rights, Resisting Efforts to Undermine Rights, Encouraging Collaboration Among Lawyers and Defense Teams, and Promoting Justice and the Common Good
In Texas, criminal defense attorneys play a pivotal role in ensuring that justice is upheld for every individual, regardless of the charges they face. The TCDLA mission statement serves as a powerful reminder of the essential purpose behind their work. It unites attorneys with a shared vision, promotes the protection of constitutional rights, and encourages cooperation and education for the common good.
For criminal defense lawyers, aligning their practice with the values outlined in TCDLA's mission statement is more than just professional responsibility; it is a commitment to safeguarding justice, fairness, and the rule of law. As the legal landscape evolves, TCDLA’s mission remains a steadfast guide, helping Texas criminal defense attorneys navigate the complexities of their profession and continue their vital work in ensuring justice for all.
UNDERSTANDING MEMBER RESOURCES TO INCREASE EDUCATION ACCESS
Year Two: 1st Quarter Goals and Accomplishments
November 1 - January 31, 2025
Committee Members: Paul Harrell, Mario Olivarez, Rick Russwurm, Monique Sparks, Clay Steadman, and Judson Woodley
Staff: Grace Works (Lead), Meredith Pelt, Kierra Preston, Peyton Martinez, and Lucas Seiferman
• Create a Mentor/Mentee Program
The program will launch on July 15, following a completed dry run and the formation of a dedicated committee.
• Scholarship Awareness for Rusty Duncan
Scholarship details for Rusty Duncan are in one document, available on the Rusty website, and included in emails, and in the Voice magazine.
• Customize CLE – Choose Your Own Adventure
Customize your CLE with flexible options mix and match one- or two-day sessions or choose half-day programs.
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
SOCIAL MEDIA
TCDLA Social Media Report
Social Media Stats
4.8k members
898 followers
4.8k
2.6k followers
648 followers
In the Works
Social Media Campaign Ideas
• New Member Mondays
• *Member Features
• Submit Kudos
• Committee/Board/Etc. Appreciation
• *Seminar Posts
• Speakers
• Seminar Prep
• Commercial with course directors
• Member Interactive Posts - contests, question prompts, nostalgic posts, memes
Channel Exploration
• Snapchat - geofilters, stories
• Instagram *stories/reels*
• Facebook stories*
Video Promotions
• Rusty Hype Video
• “What is Rusty Duncan” Video
• Rusty Socials Rundown
• “These are a Few of My Favorite Things” Rusty
• *Member Testimonial
• Staff “Backstage” Rusty - behind the scenes prep
• Be a Speaker - Trainer for Trainers Promo
Podcast Episodes
• Podacst Series
• Significant Decisions Reports
• Interview episodes lined up
• Multiple series to begin diving deeper into topics
• 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
FINANCIALS
EXPENSES BUDGET
Texas Criminal Defense Lawyers Association
Texas Criminal Defense Lawyers Association
Texas Criminal Defense Lawyers Association
Texas Criminal Defense Lawyers Association
Texas Criminal Defense Lawyers Association
Texas
Britton Bender Carey PC
CERTIFIED PUBLIC ACCOUNTANTS
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
INDEPENDENT AUDITOR’S REPORT AND FINANCIAL STATEMENTS
31 AUGUST 2024
Montemayor
Montemayor Britton Bender Carey PC CERTIFIED PUBLIC ACCOUNTANTS
Arturo Montemayor III CPA, President & CEO | Stacy Britton CPA, Shareholder | Sean Bender CPA, Shareholder Danielle Guerrero, Shareholder | Sara Carey CPA, Shareholder
Board of Directors and Management
Texas Criminal Defense Lawyers Association
INDEPENDENT AUDITOR’S REPORT
Opinion
We have audited the accompanying financial statements of Texas Criminal Defense Lawyers Association (Association), which comprise the statement of financial position as of 31 August 2024, and the related statements of activities and cash flows for the year then ended, and the related notes to the financial statements.
Inour opinion, thefinancialstatements referredtoabovepresent fairly, inall material respects, thefinancialposition of the Association as of 31 August 2024, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under thosestandards arefurther describedin theAuditor’s Responsibilities for theAudit of the FinancialStatementssectionofourreport.Wearerequiredtobeindependent oftheAssociationandtomeetourother ethical responsibilities in accordancewiththerelevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Responsibilities of Management for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, consideredintheaggregate,thatraisesubstantialdoubtabout theAssociation’sabilitytocontinueasa goingconcern within one year after the date that the financial statements are available to be issued.
Auditor’s Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absoluteassurance and therefore is not a guaranteethat an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatementwhenit exists. Therisk of not detecting a material misstatement resulting fromfraud ishigher thanfor one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the overrideofinternalcontrol.Misstatementsareconsideredmaterialifthereisasubstantiallikelihoodthat,individually
2110 Boca Raton Drive
Building B, Suite 102
512.442.0380
or in the aggregate, theywould influencethe judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error,anddesignandperformauditproceduresresponsivetothoserisks.Suchproceduresincludeexamining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriateinthecircumstances, but not for thepurposeof expressing an opinion ontheeffectiveness ofthe Association’s internal control. Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Association’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scopeandtimingof theaudit, significant audit findings, andcertain internalcontrolrelatedmattersthatweidentified during the audit
20 February 2025 Austin, Texas
TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION
STATEMENT OF FINANCIAL POSITION
31 AUGUST 2024 ASSETS
711,246 $3,522,896 LIABILITIES AND NET ASSETS
The accompanying notes are an integral part of this financial statement presentation.
$3,522,896
REVENUE
STATEMENT OF ACTIVITIES
YEAR ENDED 31 AUGUST 2024
STATEMENT OF CASH FLOWS
YEAR ENDED 31 AUGUST 2024 CASH FLOWS FROM OPERATING ACTIVITIES:
CASH AND RESTRICTED
2,628,853 ENDING CASH AND RESTRICTED CASH $2,720,678
NOTES TO FINANCIAL STATEMENTS
NOTE 1:ORGANIZATION
Texas Criminal Defense Lawyers Association (the Association), a non-profit corporation, was established under the laws of the state of Texas on 12 August 1971. The Association’s membership consistsofattorneyswhosepracticeincludescriminaldefenselaw.Theirmissionistoprotectandinsure 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 among lawyers through educational programs and other assistance, and through such cooperation, education and assistance to promote justice and the common good. The corporate headquarters is located in Austin, Texas. TheAssociation is supportedprimarily throughmembership dues, seminar registration fees, and grants from the Texas Court of Criminal Appeals (CCA).
NOTE 2:SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
BASIS OF ACCOUNTING
Thefinancial statements of theAssociation arepreparedon theaccrual basis of accounting whereby revenues and expenses are recognized in the period earned or incurred regardless of when money is received or paid.
FINANCIAL STATEMENT PRESENTATION
Net assets, revenues, expenses, gains, and losses are classified based on the existence or absence of donor imposed restrictions. Accordingly, net assets of the Association and changes therein are classified and reported as follows:
Net Assets Without Donor Restrictions: Net assets available for usein general operations and not subject to donor (or certain grantor) restrictions.
Net Assets With Donor Restrictions: Net assets subject to donor (or certain grantor) imposed restrictions.Somedonorimposedrestrictionsaretemporaryinnature,suchasthosethatwillbemet by thepassageof timeor other events specifiedby thedonor. Other donor imposedrestrictions are perpetual in nature, where the donor stipulates that resources be maintained in perpetuity. Donor imposed restrictions are released when a restriction expires, that is when the stipulated time has elapsed, when the stipulated purpose for which the resource was restricted has been fulfilled, or both.
INVENTORY
Inventory consists of books and general merchandise held for resale. Inventory is stated at lower of cost or net realizable value as determined by the first in first out method.
PROPERTY AND EQUIPMENT
Property and equipment are recorded at cost. All donated assets are recorded at fair market valueat the date of donation. Depreciation is based on the estimated useful life of the assets using the straight-line method of depreciation. Property and equipment costing more than $1,000 and having a useful life of one year or more are capitalized.
NOTES TO FINANCIAL STATEMENTS
NOTE 2:SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
CONTRIBUTIONS
Contributions received are recorded as with or without donor restriction depending on the existence and/or nature of any donor restrictions. When a restriction is satisfied, net assets with donor restrictions are reclassified to net assets without donor restrictions.
FEDERAL INCOME TAX
TheAssociationhasobtainedexempt statusfor Federalincometaxpurposesunder InternalRevenue Code Section 501(c)(6). Contributions to the Association qualify for deduction under IRC Section 170(b)(1)(A)(vi). The Association is required to pay Federal income tax on its unrelated business taxableincome.Unrelatedbusiness taxableincomeconsistsprimarilyofadvertisingincomefromthe Association’s newsletter. For the period ended 31 August 2024, the Association did not incur a tax liability for unrelated business income tax.
ESTIMATES
The preparation of financial statements inconformitywith generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.
FUNCTIONAL ALLOCATION OF EXPENSES
The financial statements report certain categories of expenses that are attributed to more than one program or supporting function. Therefore, some expenses require allocation on a reasonable basis that is consistently applied. The expenses that are allocated include payroll and taxes, insurance, governance, retirement, other expenses, professional fees, postage and shipping, office supplies, depreciation, and other expenses which are allocated based on estimates of time and effort by personnel.
SUPPORT AND REVENUE
The Association receives grant funds from CCA. A grant is not considered to be an exchange transaction.Accordingly,grantrevenueisrecognizedwhenearned,andgrantexpensesarerecognized whenincurred.Grant advances aretreatedas unearnedrevenue. Programrevenueis generatedfrom membership dues and seminar registration fees. Dues and registration fees are recorded by the Association as income when earned. Future Indigent Defense Leaders (FIDL) grant is recognized when project management work has been performed, the Association bills the grantor based on approved hourly rates. Publication sales are recognized by the Association as sales are made.
SUBSEQUENT EVENTS
TheAssociationhasevaluatedsubsequent eventsasof thedateof theIndependent Auditor’s Report, the date the financial statements were available to be issued.
NOTES
TO FINANCIAL STATEMENTS
NOTE 3:COMMITMENTS AND CONTINGENCIES
As of 31 August 2024, the Association has entered into agreements for seminars and events through 2027. The minimum amount due if the events were canceled would be $526,377 at 31 August 2024.
CCAhasnotaudited2024grantexpenses.CCAcouldpotentiallyrequestreimbursementfordisallowed expenses. Each year CCA reviews grant expenses. Any disallowed expenses are required to be paid back to CCA.
NOTE 4:CONCENTRATION
During the year ended 31 August 2024, 57% of total revenue was received from one funding source, CCA,22%was receivedfromseminar registrationfees,and13%frommembershipdues. Cashat year end was in excess of FDIC coverage by $1,419,261.
NOTE 5:EMPLOYEE BENEFIT PLAN
As of 1 September 1991, theAssociation adopteda profit sharing plan in accordance with the Internal RevenueCodeSection401(k).Effective1January2009theplanisreferredtoas a "safeharbor 401(k) plan." In order to maintain "safe harbor" status, theAssociation may makea contribution equal to 3% of employee’s compensation. Additionally, the Association can make additional contributions equal to 6.5% of employee’s compensation for all employees meeting age and length of service requirements. Plan contributions incurred by theAssociation during theyear ended 31 August 2024 were $119,742.
NOTE 6:LIQUIDITY AND AVAILABILITY
Financialassets availablefor generalexpenditures, that is, withoutdonorrestrictionslimitingtheiruse, within one year of the statement of financial position date, comprise the following:
$2,720,678
(992,501) $1,728,177
As part of theAssociation’s liquidity management, it has a policy to structureits financial assets to be available as its general expenditures, liabilities and other obligations come due. The policy is that monthly revenues are to cover monthly expenses. Monthly revenues and expenditures are deposited in and deducted from the Association’s operating accounts.
Several of the Association’s cash accounts are restricted for grant purposes. Restricted cash is not available for general expenditures.
NOTE 7:RESTRICTED CASH
Cashisrequiredtobeheldinseparateaccountsforeachgrant.Thiscashisrestrictedfor grantpurposes only. The total amount of restricted cash as of 31 August 2024 is $992,501.
NOTES TO FINANCIAL STATEMENTS
NOTE 7:RESTRICTED CASH
The following table provides a reconciliation of cash and restricted cash reported within the statement of financial position to the sum of the corresponding amounts within the statement of cash flows:
NOTE 8:PROPERTY AND EQUIPMENT
NOTE 9:REVENUE FROM CONTRACTS WITH CUSTOMERS
DISAGGREGATION OF REVENUE FROM CONTRACTS WITH CUSTOMERS
The following table disaggregates the Association’s revenue based on the timing of satisfaction of performance obligations for the year ended 31 August 2024:
Revenuerecognizedatapointoftimeincludepublicationsales,seminarregistrationfees,sponsorships, and exhibit fees for events, which are recognized when control of the product or services transfers to the customer in an amount that reflects the consideration the Association expects to be entitled to in exchange for the service. Typically, control is deemed to transfer at the date at which the customer received the benefit from the event. Revenue recognized over time consists of membership dues and FIDL grant, which are recognized over the membership period as services are provided and over the grant period as work is completed.
CONTRACT BALANCES
Contract liabilities consist of the Association’s obligation to hold events for customers for which considerationis receivedinadvanceoftheevent, andprovidemembership services. Theseamountsare includedindeferredrevenuein the statementoffinancialposition. Balances of contract liabilities at 31 August 2024 were as follows:
NOTES TO FINANCIAL STATEMENTS
NOTE
9:REVENUE
FROM CONTRACTS WITH CUSTOMERS
PERFORMANCE OBLIGATIONS
Revenue related to membership dues is recognized as services are provided to members over the membership period. With respect to seminars and events and publication sales, revenue is recognized when the event occurs, when expenses are incurred, or a sale has occurred or the service has been performed, in an amount that reflects theconsideration theAssociation expects to be entitled to for the exchange. With respect to the FIDL grant recorded, in other revenue on the statement of activities, is recognized when the work has been performed, in an amount that reflects the consideration the Associationexpectstobeentitledtofor theexchange. Paymentis typicallydueupon completion of the services. Transaction prices vary depending the nature of the event, expense, or sale provided. In general, revenuedoesnot havea significantfinancingcomponentbecausepayment terms arerelatively short.
NOTE 10:FUNCTIONAL EXPENSES
See next page.
NOTES TO FINANCIAL STATEMENTS
NOTE 10:FUNCTIONAL EXPENSES
Montemayor Britton Bender Carey PC CERTIFIED PUBLIC ACCOUNTANTS
Arturo Montemayor III CPA, President & CEO | Stacy Britton CPA, Shareholder | Sean Bender CPA, Shareholder
Danielle Guerrero, Shareholder | Sara Carey CPA, Shareholder
Board of Directors and Management
Texas Criminal Defense Lawyers Association
COMMUNICATIONS WITH THOSE CHARGED WITH GOVERNANCE
We have audited the financial statements of the Texas Criminal Defense Lawyers Association (Association) for the year ended 31 August 2024, and have issued our report thereon dated 20 February 2025. Professional standards requirethat weprovideyou with information about our responsibilities under generally acceptedauditing standards, as well as certain information related to the planned scope and timing of our audit. We have communicated information related to the planned scope and timing of our audit in our engagement letter to you dated 5 December 2024. Professional standards also requirethat wecommunicatetoyouthefollowinginformationrelatedtoour audit.
Accounting Policies
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policiesusedby theAssociation aredescribedin Note2 tothefinancialstatements. Nonewaccountingpolicieswere adopted and the application of existing policies was not changedduring fiscal year 2024. We noted no transactions entered into by the Association during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’sknowledgeandexperienceaboutpastandcurrenteventsandassumptionsaboutfutureevents. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were:
1. Management’sestimateoftheusefullivesoffixedassetsisbasedongeneralknowledgeoftheassetsinvolved and customary lives used by other organizations for similar assets. We evaluated the key factors and assumptions usedtodevelop theestimatedusefullivesoffixedassets(andrelatedaccumulateddepreciation) in determining that they are reasonable in relation to the financial statements taken as a whole.
2. Management’s estimate of the functional allocation of expenses is based on estimates of time spent by staff onvariousfunctionalactivities. Weevaluatedthekeyfactorsandassumptionsusedtodeveloptheallocation offunctional expenses indetermining that theyarereasonablein relation to thefinancialstatementstakenas a whole.
2110
Board of Directors and Management
Texas Criminal Defense Lawyers Association
Communications with Those Charged with Governance
Page 2
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Uncorrected Misstatements
Professional standards requireus to accumulateall known andlikelymisstatements identifiedduring the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The uncorrected misstatements or the matters underlying themcould potentially causefutureperiod financial statements to be materially misstated, even though, in our judgment, such uncorrected misstatements are immaterial to the financial statements under audit.
Disagreements with Management
For purposes of this letter, professional standards definea disagreementwithmanagementasa financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or theauditor’sreport. Wearepleasedtoreport thatnosuchdisagreementsaroseduringthecourseof our audit.
Management Representations
Wehaverequestedcertainrepresentationsfrommanagementthatareincludedinthemanagementrepresentationletter dated 20 February 2025.
Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principletotheentity’sfinancialstatementsor a determinationof thetypeof auditor’s opinion thatmaybeexpressed on those statements, our professional standards requiretheconsulting accountant to check with us to determine that theconsultant has all therelevant facts. To our knowledge, therewereno such consultations with other accountants.
Other
We generally discuss a variety of matters, includingtheapplication of accounting principles and auditing standards, with management each year prior to retention as the Association’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of the Board of Directors and management of the Association and is not intended to be and should not be used by anyone other than these specified parties.
20 February 2025
Austin, Texas
UNCORRECTED MISSTATEMENTS
31 AUGUST 2024
To capitalize kitchen cabinets and counters.
VOICE FOR THE DEFENSE
TCDLA BOARD Voice
Nicole
Michael C.
David Guinn,
Paul
Kameron
Paul
Thomas
Judson
8/13=24
Amicus Brief No. 24-6057
Luis Alfredo Aparicio was detained and arrested as part of Operation Lone Star (OLS) Governor Abbott’s multibillion dollar initiative to address illegal immigration. In the trial court, Mr. Aparicio argued that his arrest violated the Equal Protection Clause because OLS’s policy excluded women from being prosecuted. Thus, the government discriminated against him because he was a male. The Fourth Court of Appeals agreed with Mr. Aparicio that OLS’s policies violated the Equal Protection Clause, but the Court of Criminal Appeals reversed that decision. Mr. Aparicio filed a writ of certiorari to the Supreme Court challenging the CCA’s decision, and TCDLA filed an amicus brief in support of that petition
Click her for the Amicus Brief No. 24-6057
TCDLA Amicus Committee List
Click here for TCDLA's Amicus Brief Bank
Inger Chandler Bio:
Inger Chandler obtained her undergraduate degree from Mississippi University for Women in English (1995) and her law degree from South Texas College of Law (2003). Inger was employed as a prosecutor with the Harris County District Attorney’s Office from 2003 through 2016. She spent her last three and a half years there serving as Chief of the Conviction Integrity Unit, where she litigated post-conviction requests for DNA testing, investigated claims of actual innocence, and handled mass-notification case reviews. Following her career at the Harris County District Attorney’s Office, Inger opened a solo criminal defense practice in Houston.Inger has spoken at numerous conferences about wrongful convictions/actual innocence, Brady evidence, and flawed forensics. In 2018, she obtained her Board Certification in Criminal Law from the Texas Board of Legal Specialization.
Angelica Cogliano Bio:
Angelica Cogliano is an attorney in Austin, TX, where she practices criminal defense exclusively, and has done so since she graduated from Emory Law School in 2016. Prior to attending Emory Law School, Ms. Cogliano earned her undergraduate degree from Cornell University and Master's degree from New York University. Following her internship with the Dekalb County Public Defender's office and her fellowship with the Texas Defender Service, Ms. Cogliano started the Cogliano Law Firm in Austin, Texas, where she currently practices and is of counsel to the Law Offices of E.G. Morris. She is committed to indigent defense, maintaining a significant amount of appointed work on her caseload, and serving on the NACDL Public Defense Committee and the NACDL Texas COVID-19 Detention Order Committee. Additionally, Ms. Cogliano is a member of the Texas Criminal Defense Lawyers Association (TCDLA), for whom she serves on the TCDLAAmicus Curiae Committee, and mentors individuals through the Future Indigent Defense Leaders program run by TCDLA and the Texas Indigent Defense Commission. Ms. Cogliano is invested in her trial work, having tried 15 trials to verdict either as first or second chair during her first three years of practicing law. She graduated the prestigious Trial Lawyers College in 2019, and has since served on their Alumni Board of Directors.
Kyle Therrian Bio:
Kyle practices criminal defense statewide with a focus on state criminal appellate law and federal criminal defense. His office, Rosenthal Kalabus & Therrian, is located in McKinney, Texas, and is Collin County's largest criminal defense firm. Kyle serves as Chair of TCDLA's Amicus Committee, Chair of Texas Criminal Defense Lawyers Education Institute, and is the author of the Significant Decisions Report. Locally he also serves as president of the Collin County Criminal Defense Lawyers Association. He enjoys being a resource for lawyers in need of quick answers to tricky legal problems is always happy to take a call from a colleague in need
Aaron Diaz Bio:
Aaron Diaz is a Visiting Clinical Assistant Professor of Law with the St. Mary’s Law School Criminal Justice Clinic. Before joining the criminal justice clinic, Aaron spent six years working with the Goldstein & Orr law firm in San Antonio, Texas. Prior to law school, Aaron spent over a decade as a paralegal working for a criminal defense firm in South Texas and various State agencies. During that time, Aaron received his Bachelor of Science degree in Criminal Justice from the University of Texas Pan-American, and a Master of Arts degree in Legal Studies from Texas State University. Aaron graduated from St. Mary’s University School of Law, cum laude, in May of 2020. Since becoming licensed, Aaron has solely practiced juvenile and adult criminal defense, representing clients charged with misdemeanor and felony crimes. He has also handled State and federal appeals and post-conviction writs of habeas corpus cases. Aaron is currently on the Texas Criminal Defense Lawyers Association Board of Directors and serves as Vice Chair of the Amicus Committee. He is also a member of the San Antonio Criminal Defense Lawyers Association.
No. 24-6057
IN THE Supreme Court of the United States
LUIS ALFREDO APARICIO, Petitioner, v. THE STATE OF TEXAS, Respondent.
On Petition for a Writ of Certiorari from the Court of Criminal Appeals of Texas
AMICUS CURIAE BRIEF OF THE TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION IN SUPPORT OF PETITIONER
INGER CHANDLER
1207 S. Shepherd Dr. Houston, TX 77019 (713) 970-1060 inger@ingerchandlerlaw.com
Counsel of Record HURLEY, GUINN, SINGH & VONGONTEN 1805 13th Street Lubbock, TX 79401 (806) 771-0700 david@hurleyguinn.com
ANGELICA COGLIANO COGLIANO & MIRÓ 505 West 12th St. Austin, TX 78701 (512) 375-3303 angelica@coglianolaw.com
AARON M. DIAZ
ST. MARY’S UNIVERSITY SCHOOL OF LAW 2507 NW 36th Street San Antonio, TX 78228 (210) 436-3840 adiaz39@stmarytx.edu
Counsel for Texas Criminal Defense Lawyers Association
I. By requiring proof of evil intent to establish a prima facie case of discrimination, the TCCA unduly shifts the State’s burden onto the individual
II. Equal protection rights will be significantly weakened should the TCCA’s additional condition precedent be allowed to stand ........................................ 7
III. A State Court departure from Supreme Court Precedent Frustrates the Practice of Criminal Law and the Sanctity of the Judicial
CASES
TABLE OF AUTHORITIES
Page(s)
Ex parte Aparicio, No. PD-0461-23, 2024 WL 4446878 (Tex. Crim. App. Oct. 9, 2024) ....................... 3, 4, 5, 6
Miss. Univ. for Women v. Hogan, 458 U.S. 718, 102 S. Ct. 3331 (1982) ........ 7, 8
Parham v. Hughes, 441 U.S. 347, 99 S.Ct. 1742 (1979) ........... 3
Romer v. Evans, 517 U.S. 620, 116 S.Ct. 1620 (1996) ......... 10
U.S. v. Virginia, 518 U.S. 515 (1996) ................................... 8
United States v. Windsor, 570 U.S. 744, 133 S. Ct. 2675 (2013) ........ 10
OTHER AUTHORITIES
Section VI- proving discriminationintentional discrimination. Civil Rights Division, | United States Department of Justice. (2021, February 3). https://www. justice.gov/crt/fcs/T6Manual6................... 6
INTEREST OF AMICUS CURIAE1
The Texas Criminal Defense Lawyers Association (TCDLA) is a non-profit voluntary membership organization dedicated to the protection of those individual rights guaranteed by the state and federal constitutions and to the constant improvement of the administration of criminal justice in the State of Texas.
Founded in 1971, TCDLA currently has a membership of over 3,400 and offers a statewide forum for criminal defense counsel, provides a voice in the state legislative process in support of procedural fairness in criminal defense and forfeiture cases, and assists the courts by acting as amicus curiae.
Neither TCDLA nor any of the attorneys representing TCDLA have received any fee or other compensation for preparing this brief, which complies with all applicable provisions of the Supreme Court Rules, and copies have been served on all parties.
SUMMARY OF THE ARGUMENT
The right to equal protection under the law applies broadly to all state action. In the context of the criminal justice system, equal protection means equal treatment by the government. The State may not impose the burden of criminal prosecution upon a man that it would not impose upon a similarly situated woman. Such selective enforcement falls within the plain-text admonitions of the Equal Protection Clause and is thus presumptively unconstitutional. At a
1 Counsel for Amicus has conferred with both counsel for petitioner and counsel for respondent and neither party opposes the filing of this brief. No counsel or party made a monetary contribution intended to fund the preparation or submission of this brief nor did they participate in its drafting. Id.
minimum, the Clause protects against the inequality of a prosecution based on sex. The text, history, and tradition of the Equal Protection Clause offer no support for the arbitrary application of state power to exclusively prosecute men for violations of the State’s criminal trespass laws.
In 2021, Texas Governor Greg Abbott took “historic action” by launching Operation Lone Star (“OLS”), a multi-billion-dollar initiative to address the “record levels of illegal immigrants and deadly drugs” pouring into Texas due to “reckless open border policies.” Abbott deployed the Texas National Guard and Texas Department of Public Safety (“TDPS”) to the southern border and funded detention facilities for male arrestees. At the direction of TDPS Captain Betancourt, “single adult males,” were arrested and charged with misdemeanor criminal trespass if found on the private property of a cooperating landowner. Women found trespassing were neither arrested nor charged but released to the custody of border patrol.
The Texas Court of Criminal Appeals (“TCCA”) found no fault with the State’s decision to only arrest and prosecute trespassing males, concluding that the policy lacked “invidious discrimination” and proof that Aparicio is being punished because he is male. In holding that a prima facie case of discrimination under the equal protection clause can only be made if the discriminatory purpose is driven by animus, the TCCA upended this Court’s longstanding jurisprudence regarding discrimination under the equal protection clause. Allowing this interpretation to stand would condone widespread sex discrimination in the criminal justice system and have a far-reaching impact on the practice of criminal law.
ARGUMENT
Luis Alfredo Aparicio asked a Texas court to determine whether the government improperly discriminated against him because of his gender. The Texas Court of Criminal Appeals (TCCA) ultimately decided that issue against him. It held that the State’s explicit policy of arresting and prosecuting only males caught trespassing in mixed-gender groups is simply not discriminatory. In reaching a result contrary to assumption, the TCCA created a requirement of invidious government intent in the context of unequal gender-based enforcement of a law. The corollary of this requirement is what flowed from the CCA’s definition of the concept of invidiousness: to do something “with an evil eye and an unequal hand.” Ex parte Aparicio, No. PD-0461-23, 2024 WL 4446878, at *22 (Crim. App. Oct. 9, 2024). The TCCA’s evil intent requirement has no basis in this Court’s Equal Protection jurisprudence.
Amicus contends that the TCCA’s analysis went awry in its analysis of this Court’s opinion in Parham v. Hughes, 441 U.S. 347, 99 S.Ct. 1742 (1979).2 Specifically, the TCCA’s opinion results from a disconnect between what this Court meant by “invidious” and what most would assume is meant by “invidious.” The Parham Court gave the term invidious a specialized legal meaning. The paragraph preceding its usage shows this:
Not all legislation, however, is entitled to the same presumption of validity. The presumption is not present when a State has enacted legislation whose purpose or effect is to create
2 Of note are the distinctions between Parham, a disparate impact case involving a non-protected class, and the instant case, an unequal enforcement case involving a protected class.
classes based upon racial criteria, since racial classifications, in a constitutional sense, are inherently "suspect." And the presumption of statutory validity may also be undermined when a State has enacted legislation creating classes based upon certain other immutable human attributes.
Id. at 351 (citations omitted). The sentence that follows is “In the absence of invidious discrimination, however . . . [no equal protection problem].” In this grammatical context, “invidious discrimination” means something among the class of examples listed above— things involving intentional sorting. The TCCA erroneously takes invidious to mean evil intent. Because the Parham Court frames this discussion as the threshold consideration before applying scrutiny to a law or governmental policy, the TCCA’s misinterpretation creates a new condition precedent to challenging unequal unconstitutional treatment. In this regard, Amicus agrees with Judge Keel below:
I write separately because the majority opinion jeopardizes future claims of selective prosecution in Texas. Contrary to its understanding, the discriminatory-purpose element of selective-prosecution claims does not depend on hostility or bad faith, and discrimination is not justified by more discrimination. I respectfully dissent.
Aparicio, at *42-43.
To this extent, Amicus builds upon what Judge Keel began.
I. By requiring proof of evil intent to establish a prima facie case of discrimination, the TCCA unduly shifts the State’s burden onto the individual.
The TCCA determined that Mr. Aparicio did not make a prima facie case of discrimination because there was no evidence that the prosecutorial policy was motivated by a discriminatory purpose. The TCCA’s misunderstanding of what that means dictated the thrust of the ensuing analysis: Mr. Aparicio could not prove the government acted with evil intent and his claim is therefore poured out. Flipping the standard on its head, the TCCA expressed a plausible explanation for the government’s unequal treatment as a reason not to engage in equal protection scrutiny. The TCCA tied its analysis together with a remark that the State’s policy of prosecuting only men was more likely due to “the necessities of reality during an ongoing emergency (limited resources in the face of “sheer numbers”), rather than gender discrimination.” Aparicio, at *31. But this age-old governmental problem of limited resources and unlimited demand has never been a sufficient justification to reject a claim for equal protection, let alone a basis to not even engage in the analysis.
Whether the government harbors a discriminatory purpose does not depend on bad faith. Discrimination, in the context of this case, means a decision to prosecute based in part on an arbitrary classification such as gender. This is how the U.S. Department of Justice explains it in their Legal Manual: Some assume that the intentional use of race should be carefully scrutinized only when the intent is to harm a group or an individual defined by race, color, or national origin. That
is not true: the Supreme Court in City of Richmond v. J.A. Croson Co., 488 U.S. 469, 493 (1989), and Adarand Constructors, Inc., v. Pena, 515 U.S. 200, 226 (1995), established that any intentional use of race, whether for malicious or benign motives, is subject to the most careful judicial scrutiny. Accordingly, the record need not contain evidence of “bad faith, ill will or any evil motive on the part of the [recipient].”
Williams v. City of Dothan, 745 F.2d 1406, 1414 (11th Cir. 1984).3
Judge Keel agrees in her dissent: “[g]ood or bad faith may be relevant to a state-interest justification for the discriminatory policies. See, e.g., Fisher, 570 U.S. at 312-14. But discriminatory purpose does not depend on bad faith.” Aparicio, at *43 (Keel, J., Dissenting). The purported evidence cited by the majority opinion – the jail capacity limitations, large numbers of migrants crossing the border, and limited resources available during an ongoing emergency – was offered for, and is relevant to, the State’s attempted justification for their policy. Rather than analyzing the State’s arguments in the context of the proper level of scrutiny, the TCCA uses it to shut the door to any consideration. The blame accordingly flowed to Mr. Aparicio for not proving the impossible—that the government meant to be evil.
This new standard relieves the State of its responsibility to justify facially discriminatory policies by shifting the burden of proving “why” onto the
3 Section VI- proving discrimination- intentional discrimination. Civil Rights Division,| United States Department of Justice. (2021, February 3). https://www.justice.gov/crt/fcs/T6Manual6
individual. It is unfairly burdensome to require an individual to prove that gender, race, or any other classification was the complete or even primary motivating factor. Government institutions usually act based on a variety of motives. Different legislators have different personal motivations. Attempting to aggregate those motives into one general government intent is a perilous enterprise. With the TCCA’s newly defined “invidious discrimination” as the triggering mechanism, the State easily avoids the heightened scrutiny afforded protected classes.4
II. Equal protection rights will be significantly weakened should the TCCA’s additional condition precedent be allowed to stand.
Judge Keel rightfully laments the future of equal protection and selective prosecution claims in Texas should this new framework created by the TCCA stand. It allows State actors to treat classes of individuals differently so long as it is never overtly specified that they are doing so because of animus and hatred for that class. A local sheriff could decide that only male attorneys may visit their detained clients inperson, so long as he expresses concerns for safety and avoids stating anything disdainful about women. A prosecutor could strike all white jurors based on their race, so long as that choice wasn’t grounded in their own repugnant views about white people. In fact, neither of these people would even be called upon to
4 Gender-based discrimination triggers heightened or intermediate scrutiny—a showing of “important governmental objectives” and means “substantially related to the achievement of those objectives.” Miss. Univ. for Women v. Hogan, 458 U.S. 718, 724, 102 S. Ct. 3331, 3336 (1982).
justify their actions without a prima facie case showing their malicious intent first being made.
This new requirement that the discriminatorypurpose element of an equal protection claim be based on hostility or oppression would open doors to discrimination based solely on negative stereotypes or presumptions. For example, the state could choose to only prosecute white men for the offense of sexual assault, women for shoplifting, black men for drug possession. Discrimination for the purported benefit of another would be resurrected. Mississippi University for Women could return to its original mission of providing higher education and training for women –to the exclusion of men. Mississippi University for Women v. Hogan, 458 U.S. 718 (1982). Virginia Military Institute can return to an all-male military school and produce “citizen-soldiers … men prepared for leadership in civilian life and in military service.”
U.S. v. Virginia, 518 U.S. 515 (1996). The TCCA’s implicit permission to discriminate– as long as you’re doing it for the right reason – would wreak havoc on our system of justice and our constitutionally protected freedoms.
Additionally, government actors are often in control of the scenarios giving rise to a justification they would articulate. They can avoid the imputation of malicious intent by creating circumstances to justify their own discriminatory actions. This is especially true in Mr. Aparicio’s case. If jails full of migrant men are too full to accept migrant women, one must ask a question with an obvious answer: how did it get that way? The size of the jail, the facilities acceptable for housing misdemeanants, and the amount of a person’s bond are all decisions made by the government. Accepting this much explanation without an articulation of why
resources should be allocated based on gender rather than other factors like the strength of the prosecution, the defendant’s role, or the egregiousness of conduct is asking too little. The Government’s own-created necessity, and its arbitrary response to it, has never before served as a justification to alter the black letter understanding of the people’s protections.
III. A State Court departure from Supreme Court Precedent Frustrates the Practice of Criminal Law and the Sanctity of the Judicial System.
The decision to depart from this Court’s precedent and enforce the law in an arbitrary and discriminatory manner has a deleterious effect on judicial economy and finality. More cases will require pretrial and postconviction litigation to root out and expose true discriminatory purposes and preserve error, increasing costs and efficiency. The decision to prosecute based on class characteristics, absent overt and malicious discrimination, will lead to inconsistent enforcement of the law. Not only will enforcement vary across jurisdictions, but it could vary between district attorneys’ offices and law enforcement agencies, frustrating the adjudicatory process for practitioners and stakeholders.
Allowing a State high court to graft onto this Court’s precedent additional requirements that arise from arguments rejected by this Court for decades would exacerbate disparities in constitutional law across the country. This Court is the final arbiter of the United States Constitution, and its equal protection jurisprudence is long-standing. If States are allowed to alter the analysis required, citizens – and the lawyers representing them – lose the ability to rely on this Court’s precedent.
Finally, requiring a finding of animus calls upon the courts to morally condemn government actors and lawmakers before a citizen can find relief from discrimination. The gravity of lodging and adjudicating such a charge is an unfair obstacle. The avoidance of hatred, animosity, and bias in the making of law and policy is not only a constitutional obligation, it is a moral duty as well. This is part of what Justice Scalia called “our moral heritage.” Romer v. Evans, 517 U.S. 620, 644 (1996) (Scalia, J., dissenting). For a court to accuse lawmakers of violating this duty is a serious charge. In a state where criminal court judges run for office in partisan elections, there is fertile ground for abuse. An incentive for political agendas to dictate the selective enforcement of law and erode fundamental civil rights cannot stand lest we are willing to acquiesce when the winds of change that would reverse our course.
Even when such a serious judicial declaration is warranted and courage prevails, unnecessarily lodging and adjudicating evil governmental motives has a broader impact. As Chief Justice Roberts suggested in his dissenting opinion in Windsor, such a declaration almost inevitably “tar[s] the political branches with the brush of bigotry.” United States v. Windsor, 570 U.S. 744, 776 (2013) (Roberts, C.J., dissenting). Judicial declarations of animus are likely to exacerbate the animosity that infects contemporary American politics, damaging the democratic system that the Constitution is designed to protect.
CONCLUSION
This is a difficult time, but our dilemmas are certainly not more difficult than ones we have encountered before. What flows from this basic premise is what the Court of Criminal Appeals got correct in the month after issuing its opinion in Mr. Aparicio’s case: “There is no general exception to [Confrontation] right[s] during other global events such as wars and natural disasters. We believe our founders would not so generally dispense with the very rights—which are divine in nature—in which they risked everything to enshrine.” Finley v. State, No. PD-0634-22, 2024 Tex. Crim. App. 2024 WL 4897056, at *20 (Crim. App. Nov. 27, 2024). We know this is no less true in the context of equal protection under the law, but it is right now in Texas. This Court should grant certiorari to correct disparities in the law and under the law.
PRAYER
The Court should grant the petition and set the case for argument.
Respectfully submitted,
INGER CHANDLER
1207 S. Shepherd Dr. Houston, TX 77019 (713) 970-1060
DAVID GUINN Counsel of Record HURLEY, GUINN, SINGH & VONGONTEN 1805 13th Street Lubbock, TX 79401 (806) 771-0700 david@hurleyguinn.com
ANGELICA COGLIANO COGLIANO & MIRÓ 505 West 12th St. Austin, TX 78701 (512) 375-3303 angelica@coglianolaw.com
AARON M. DIAZ ST. MARY’S UNIVERSITY SCHOOL OF LAW 2507 NW 36th Street San Antonio, TX 78228 (210) 436-3840 adiaz39@stmarytx.edu
Counsel for Texas Criminal Defense Lawyers Association
REPORTING PERIOD: 11/15/2024 – 2/15/2025 - Due 2/20/25
COMMITTEE NAME: Awards Committee
CHAIR(S): David Botsford & John Hunter Smith, Co-Chairs
PLEASE LIST MAJOR ACTIVITIES SINCE THE LAST REPORT:
NONE
COMMITTEE ONGOING ACITVITIES:
ANTICIPATED ACTION
IN THE UPCOMING QUARTER:
Beginning 2/25/25 the Chairs will meet for committee investigation assignments. Committee investigation reports are due on March 3, 2025. The committee will meet to vote on March 6, 2025, and if necessary, again on March 13, 2025. Once we complete the committee’s business we will report back to the EC and the Board of Directors.
LIST GOALS, OBJECTIVES, AND TASKS COMPLETED THIS YEAR:
DO YOU THINK THIS COMMITTEE SHOULD CONTINUE/ IS THERE A NEED FOR THIS COMMITTEE:
Yes
ADDITIONAL COMMENTS AND/OR SUGGESTIONS:
(2024-2025)
REPORTING PERIOD: 11/15/2024 – 2/15/2025 - Due 2/20/25
COMMITTEE NAME: Ethics
CHAIR(S): Robert Pelton – Co-Chairs Laura Popps & Brent Mayr
PLEASE LIST MAJOR ACTIVITIES SINCE THE LAST REPORT:
We have answered many calls from troubled lawyers
COMMITTEE ONGOING ACITVITIES:
We help lawyers with ethical issues & write articles for the Voice
ANTICIPATED ACTION IN THE UPCOMING QUARTER:
Continue to help members & write articles for the Voice
LIST GOALS, OBJECTIVES, AND TASKS COMPLETED THIS YEAR:
- Continue to help members - Write articles for the Voice
DO YOU THINK THIS COMMITTEE SHOULD CONTINUE/ IS THERE A NEED FOR THIS COMMITTEE:
This committee is the most important and absolutely should continue. We have helped many lawyers
ADDITIONAL COMMENTS AND/OR SUGGESTIONS:
This is the most important committee in TCDLA – We help our members on a confidential basis when they have problems – We also write ethics articles for voice for the Defense
REPORTING PERIOD: 11/15/2024 – 2/15/2025 - Due 2/20/25
COMMITTEE NAME: Indigent Client Defense
CHAIR(S): Suzanne Spencer
PLEASE LIST MAJOR ACTIVITIES SINCE THE LAST REPORT:
1. Creation of “Know Your Rights Pamphlet and Poster,” for distribution in courthouses and to attorneys – in English and Spanish
2. Creation of the “Client Jail Access Google Document,” to provide information re: methods of communication with clients in custody in our county jails
COMMITTEE ONGOING ACITVITIES:
1. Create and provide “How to Resources” for Indigent Defense solo practitioners
2. Address the issue of Judges assessing Attorney Fees to Indigent clients
3. Address Montgomery Co. issue re: Judges not allowing resets when clients are behind on payments
4. Index-together Motions on TCDLA website
5. Address issue of clients posting bond, Judge later determines it insufficient, raises the amount, revokes bond
6. Cheat sheet or Voice article re: Billing Practices from county to county
7. Continue research on Health Insurance for Indigent Defense Practitioners
8. Continue assessing feasibility of Volunteer Assistant Program for Solo Indigent Defense Lawyers
9. Host a Roundtable/Orientation for lawyers new to the practice of Indigent Defense
10.Continue PDR subcommittee from prior year with on-call recruiting from members
ANTICIPATED ACTION IN THE UPCOMING QUARTER:
1. Encompass Public Defenders and MAC lawyers into Committee
2. Edit and print Jani Maselli Wood’s updated Court Cost book and “Know Your Rights” pamphlets and posters
3. Various Voice articles completed and submitted
4. Focus on activities listed above and add to TCDLA Resource Page as appropriate
LIST GOALS, OBJECTIVES, AND TASKS COMPLETED THIS YEAR:
I will defer to Melissa Schank, et al., as I was not the Chair this past year
DO YOU THINK THIS COMMITTEE SHOULD CONTINUE/ IS THERE A NEED FOR THIS COMMITTEE:
Absolutely, this Committee should continue. Indigent Defense is vital to the practice of criminal law. Indigent people will always exist as they are arrested at high rates. The Indigent have the constitutional right to competent counsel. Yet, they cannot afford to pay for one. Therefore, competent assigned counsel is vital to the practice of Criminal Defense and mandated by the Constitution. Assigned counsel requires training and support. TCDLA provides both and therein, the Indigent Client Defense Committee exists to expand upon the support aspect of TCDLA. Each committee member is committed to providing the best support possible to Indigent Defense practitioners.
ADDITIONAL COMMENTS AND/OR SUGGESTIONS:
As chair, I think the word “Client” in the name of this Committee is not needed and should be omitted. The Indigent Defense Committee is tcdla strong!
REPORTING PERIOD: 11/15/2024 – 2/15/2025 - Due 2/20/25
COMMITTEE NAME: Judicial Conduct Committee
CHAIR(S): Lisa Greenberg and Phil Wishkaemper
PLEASE LIST MAJOR ACTIVITIES SINCE THE LAST REPORT: not much activity this quarter except an inquiry into Judge Boyd from San Antonio. The local lawyers were looking into the best course of action and we did not hear back so we have not looked further.
COMMITTEE ONGOING ACITVITIES:
ANTICIPATED ACTION IN THE UPCOMING QUARTER:
We are more of a reactive committee and if anyone has any judicial conduct issues, we are here waiting to help or respond.
LIST GOALS, OBJECTIVES, AND TASKS COMPLETED THIS YEAR: Just to let everyone know we exist and are here to help with any issues regarding judicial conduct that may occur.
DO YOU THINK THIS COMMITTEE SHOULD CONTINUE/ IS THERE A NEED FOR THIS COMMITTEE:
Absolutely, but as a reactive committee, not as a proactive one. There is definitely a need to be a resource for our lawyers who come across these issues.
ADDITIONAL COMMENTS AND/OR SUGGESTIONS:
TCDLA COMMITTEE REPORT (2024-2025)
REPORTING PERIOD: 11/15/2024 – 2/15/2025 - Due 2/20/25
COMMITTEE NAME: Law Student Committee
CHAIR(S): Molly Bagshaw, Dwight McDonald and Anne Burnham
PLEASE LIST MAJOR ACTIVITIES SINCE THE LAST REPORT: We coordinated the 5th annual live webinar “Career Pathways to Criminal Defense Practice” which will occur on Saturday February 22, 2022.
Committee members Anne Burnham, Stephanie Stevens and Aaron Diaz hosted a career day panel promoting public defenders offices, HCPDO, TCDLA and TDIC on 2/14/2025 at St. Mary’s University School of Law’s Criminal Justice Clinic. Other events included: Prairie Pups CLE at Texas Tech University School of Law in January 2025.
COMMITTEE ONGOING ACITVITIES: We are coordinating events at Texas law schools.
ANTICIPATED ACTION IN THE UPCOMING QUARTER: We are planning a social event at Rusty Duncan 2025 for law students and new lawyers to meet TCDLA members. Committee members continue to partner with TDIC and host events at Texas law schools.
LIST GOALS, OBJECTIVES, AND TASKS COMPLETED THIS YEAR:
Continued outreach with Texas law schools and hosted on-campus events. Executed 5th Annual Career Pathways to Criminal Defense Practice live webinar.
DO YOU THINK THIS COMMITTEE SHOULD CONTINUE/ IS THERE A NEED FOR THIS COMMITTEE: This committee should continue, and grow, as reaching and engaging law students is fundamental to the future of the organization.
ADDITIONAL COMMENTS AND/OR SUGGESTIONS:
REPORTING PERIOD: 11/15/2024 – 2/15/2025 - Due 2/20/25
COMMITTEE NAME: Memo Bank
CHAIR(S): Tip Hargrove
PLEASE LIST MAJOR ACTIVITIES SINCE THE LAST REPORT:
COMMITTEE ONGOING ACITVITIES:
The Memo Bank Committee remains at work saving the best of the posts on the List Serve that are of general interest to our members.
ANTICIPATED ACTION IN THE UPCOMING QUARTER:
President Guinn and President-elect Hochglaube has recently tasked us with a “clean up” of the various motions that show up many places on our website. We are in the process of gathering a group/sub-committee to do that. We will report our progress. The week of 17 February I expect to visit with Kristin Brown who has volunteered to serve. Our sub-committee will want to meet in person during Rusty and we will ask for staff assistance to set that up.
LIST GOALS, OBJECTIVES, AND TASKS COMPLETED THIS YEAR:
DO YOU THINK THIS COMMITTEE SHOULD CONTINUE/ IS THERE A NEED FOR THIS COMMITTEE:
