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THE RIO GRANDE VALLEY LAW RESOURCE GUIDE 2020 Brought to you by IT’S BEEN TWO MONTHS SINCE TEXAS HAD NORMAL DAILY TRAFFIC. ARE YOU READY? WE ARE. CALL TODAY 1-855-5-R-U-HURT JOIN OUR EMERGENCY AND RECALL MESSAGING SYSTEM, AND GET UP-TO-DATE NOTICES ON YOUR PHONE TODAY! TEXT “CARCRASH” TO 555888 SERVING THE RIO GRANDE VALLEY 1009 E Expy 83 Pharr, TX 78577 Office: 956-630-0885 Serious Auto Accidents and Personal Injury CHRIS M. TAMEZ RICHARD A. ORTEGON ATTORNEY AT LAW ATTORNEY AT LAW SERVING THE GREAT STATE OF TEXAS FROM OUR PRINCIPAL OFFICE IN PHARR, TEXAS HELPING INJURED CLIENTS RECOVER SINCE 2004 2 MA-30161250 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR AGGRESSIVE REPRESENTATION THE LAW OFFICE OF O. RENE FLORES, P.C. “Once in a while someone fi ghts back” 956-383-9090 208 W. Cano Street Oscar Rene Flores Edinburg, TX Board Certifi ed Criminal Law www.orenefl oreslaw.com Trial Attorney Criminal Law – Family Law State & Federal • Divorce • Capital Murders • Custody • DWI • Adoption • Drug Cases • Sex Crimes Personal Injury • Juvenile • Auto Accidents • Appeals • Truck Accidents THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 3 EMPLOYMENT LAW FIGHTING FOR CLIENTS RIGHTS THROUGHOUT SOUTH TEXAS FOR OVER 35 YEARS Jose G. Gonzalez Carlos E Hernandez, Jr At the Law Offi ce of Jose G. Gonzalez, our attorneys are dedicated to helping employees pursue the compensation they deserve while exposing injustice in the workplace. WE SPECIALIZE IN EMPLOYMENT LAW SERVICES: SEXUAL HARASSMENT CLAIMS • WORKPLACE DISCRIMINATION AGE DISCRIMINATION • RELIGIOUS DISCRIMINATION • HOSTILE WORK ENVIRONMENT • UNPAID OVERTIME • MINIMUM WAGE ISSUES • • WHISTLEBLOWER CASES • WRONGFUL TERMINATION • EMPLOYMENT LAW FAQS • INSURANCE CLAIMS AND DISPUTES Do You Have A Case? Call (956) 731-4324 and schedule a FREE consultation today! Visit us at www.rgv-employmentlawyer.com for more information. 4 | JUNE 2020 Available 7 RIO days GRANDE a Week VALLEY • SeLAW Habla BOOK Espanol THE MONITOR EZEQUIEL REYNA LAW OFFICE The Right Choice for the Right Results Ezequiel Reyna Personal Injury Attorney Graciela Orellana Personal Injury Attorney THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 5 Greetings! The Monitor is pleased to bring you the 2020 edition of the Rio Grande Valley Law Book. As always, our goal is to TABLE OF offer readers fundamental information on a variety of common legal topics. In this issue, for example, you’ll find insight on what to do if you’re involved in a car accident, why CONTENTS you might need a special needs trust, how 8 Know your rights: Covid-19 and the workplace to appeal a property appraisal, and other topical matters. The articles are intended 10 Impact of Covid-19 on personal injury cases for non-attorneys, and thus are presented in a concise, readily understandable manner, without confusing legalese. 12 Hidalgo County Judicial Directory This publication also includes an up-to-date 15 Hidalgo County court system adapts to Covid-19 era directory for the county’s judicial system. In one convenient resource guide, you’ll find contact information for every court in the 16 Exploring four common myths about personal injury law county, from Justices of the Peace to state and federal District courts. 20 Want to become a court bailiff? Legal information is not just for attorneys and judges. Most of us will be faced with 22 Child custody in the Covid-19 era hinges on child’s some kind of legal problem at some point best interest during our lifetime. Arming yourself with a fundamental understanding of the law is a 24 Covid-19 and the importance of estate planning critical part of being prepared and could make all the difference when your freedom, Texas Rio Grande Valley Aid inundated with Covid-19 money, or property might hang in the 26 balance. employment questions The content of this publication is not So you want to be a District Clerk? presented as legal advice. Rather, our goal 28 is to bring you fundamental information designed to stimulate conversation and help 30 Marroquin prepares to assume judgeship of make you a better-informed partner with newly-created court your attorney when confronted with a legal challenge. 32 Free non-profit legal services available to low income We invite you to view this resource guide on Texans impacted by Coronavirus our website of themonitor.com and don’t forget to reserve the date for our next issue 34 MALDEF: Championing Latino rights for more than coming soon! 50 years OUR TEAM Publisher: Stephan Wingert Advertising Writer: Benjamin Trevino 1400 E Nolana, McAllen, TX 78504 Graphic Designer: Eddie Mirza Coordinator: Betty Tamez 956.683.4113 www.themonitor.com 6 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR rodriguez 30162381 THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 7 KNOW YOUR RIGHTS: COVID-19 AND THE WORKPLACE By Benjamin Treviño The coronavirus (COVID-19) outbreak has affected the job situations for thousands of people across the Valley. Employment law attorneys are particularly focused on protecting people’s job rights, so RGV Law Guide asked a local lawyer to explain a few key points of the Families First Coronavirus Response Act (FFCRA) might protect your livelihood. FCRA, which is effective April diagnosis. which means an employer can generally 1 through December 31, 2020, • Is caring for an individual fire any employee for any reason, addresses the impact of COVID-19 subject to a quarantine order. or even no reason at all. However, Fon the domestic front by providing “That’s generally correct,” said employers cannot get rid of employees expanded nutrition assistance, paid McAllen employment law attorney, for discriminatory reasons. sick leave, enhanced unemployment Cindy A. Garcia. “The ADA does provide If an employee suspects the employer insurance coverage, free coronavirus for disability by association, however, has used the pandemic as an excuse testing, and increased federal Medicaid they’re governed and controlled by to cover a discriminatory firing, Garcia funding. case law. Some courts here will allow urges them to contact a qualified The key takeaways are: that, but some courts won’t. If you attorney even though disposition of the • Nutrition funding for Americans have someone in your home that has case may be impacted by ongoing safety facing food insecurity. some underlying condition that you’re restrictions. • Mandated family medical and paid concerned about going out to work, “I, personally, have been home-bound sick leave for employees. I would make the employer aware since mid-March,” said Garcia. “I’ve • Tax credits to reimburse employers of it, but a lot of employers are not been handling all my consultations by for sick leave and family medical leave. necessarily abiding by that.” phone and/or by Zoom. It has worked • Free coronavirus testing for Who, then, is in charge of well. People that need a consultation everyone, but treatment is not covered. enforcement? Garcia says at this point, have been generally understanding. If • Extended unemployment benefits it’s an open-ended question. someone wants to meet in person, we and additional funding to states. “Honestly, this is sort of an evolving can make arrangements to do that.” Under the FFCRA, an employee thing,” said Garcia. “All of us who There are several websites that qualifies for paid sick time if the practice in this area have been employees can use to get basic employee is unable to work (or unable maneuvering through, figuring out how FFCRA information. They include the to telework) due to a need for leave we help these clients out and where Small Business Administration, the because the employee is: do we plead it. Is it Department of Centers for Disease Control, the Texas • Subject to a federal, state, or local labor? Is it going to be filing a charge Workforce Commission, and the Equal quarantine or isolation order. of discrimination with Texas Workforce Employment Opportunity Commission. • Has been advised by a health care Commission or the EEOC? Where is it For specific information about specific provider to self-quarantine. we’re going to get the help they need situations, employees should contact • Is experiencing COVID-19 once this comes down?” a trusted attorney who specializes in symptoms and is seeking a medical Texas is an at-will employment state, employment law. 8 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR AWARD WINNING RESULTS THE MONITOR’S READERS’ CHOICE FAVORITE ATTORNEY Moore es Más 4900 N. 10th St. Suite F-3 - McAllen, TX 78504 (956) 631-0745 | www.moore--rm.com THEMA-30162382 MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 9 IMPACT OF COVID-19 ON PERSONAL INJURY CASES By Benjamin Treviño As Covid-19 cases continue across the U.S., many people will continue to suffer injuries in car accidents, slips and falls, and other unforeseen incidents. Accident victims should know that they still can bring a personal injury claim to pursue compensation for their injuries. However, they may want to be aware of certain issues that may affect their case. ne of these issues involves We’ve had depositions, and an increasing number of “I think it’s going to be Othe court system, which and all forms of discovery. workers raise safety concerns real difficult,” said Garcia. for a time was largely shut Discovery has not been a over the coronavirus, lawyers “In a case like this, the down as the emergency problem.” in the class action bar people say they were peaked. This means some Business interruption predict that the largest group unduly quarantined, and personal injury cases may insurance will be a big issue of class actions filed over the they infringed on their not be resolved as quickly as in the coming months, COVID-19 outbreak is likely constitutional rights.