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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.
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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
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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.
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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. Well, they would be under normal according to Garcia. Business to come from employees. they’re probably right, but conditions. people who are incurring Among the allegations there is a matter of national Almost all personal injury losses will understandably that are likely to be seen emergency. They’re going cases settle before going be making claims, but Garcia in the coming months: to have to show something to trial, but many cases expects that there’s going to employees denied wages, totally unrelated to the proceed through at least one be a lot of legal back-and- discrimination during Covid-19 that the cruise hearing in a court before the forth with the insurance layoffs, or putting workers ships did or the government parties reach a settlement. companies over payment of in unsafe conditions. So did in order to get around Therefore, some accident such claims. far, employees for the that. It’s going to be very, victims may face delays in “People that are losing government, a hand bell very difficult.” getting their case resolved. any kind of business income factory and a hair salon Garcia says he continues “We have definitely need to make claims,” said have filed class actions, to get calls on a variety of seen many different kinds Garcia. “But they’ve got to and lawyers predict different case scenarios. of cases,” said McAllen expect that there’s going many more to come, as Most of those calls have been personal injury attorney, to be a big fight with the millions of people file for in regard to business losses. Bobby Garcia. “I’ve gotten insurance companies with unemployment claims. “We guide each one of more calls from business respect to all the issues that The first Covid-19 related them through the process, people than I’ve ever had come out of it, and all of the lawsuit was filed March 9th depending on what their in the almost 30 years that obstacles that the insurance by a Florida couple suing insurance policy says,” I’ve been practicing law. companies are going to a cruise line after being stated Garcia. “We encourage However, the judges, at least provide for you to get over it, quarantined on a ship. people to call. We’re here to here in the Valley, have done for a person who rightfully The couple is seeking $1 serve the public. Probably a pretty darn good job of needs and has a claim for million in damages, claiming one-third of our work is free. having telephonic or other business income through Princess Cruise Lines put We tell people who have virtual hearings. Today I their insurance policy in passengers in danger. Garcia, questions with regards to have a mediation hearing order for them to receive it.” however, says winning such this to call us, and if we can via Zoom, and it’s all virtual. As unemployment rises cases will be an uphill battle. help them we certainly will.”
10 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR 34 | Wednesday May 30, 2018 Rio Grande Valley LAW BOOK The Monitor HIDALGO COUNTY JUDICIAL DIRECTORY United States Southern District of Texas (McAllen Division)
JUSTICES OF THE PEACE Donna JAVIER F. GARZA (956) 464-6942 Precinct 1, Place 2 JESUS E. MORALES (956) 968-0707 Edcouch ESPIRIDION “SPEEDY” JACKSON (956) 262-2140 Precinct 2, Place 1 BOBBY CONTRERAS (956) 784-3540 Edinburg TORIBIO PALACIOS (956) 289-7797 Precinct 2, Place 2 JERRY MUNOZ (956) 787-1986 Elsa OSIEL RAMOS (956) 262-9866 South Texas Bail Bonds is committed in providing fast and reliable service to all our clients. Our Precinct 3, Place 1 agents are licensed and trained to answer all your questions related to bail bonds. We will work LUIS GARZA (956) 519-8422 Hidalgo hard to address all your questions and concerns in securing bail for your family or loved one. IVAN F. PEREZ (956) 843-8140 We are one of the top leading Bail Bond agencies in Precinct 3, Place 2 South Texas providing licensed bail agents 24 hours MARCOS OCHOA (956) 581-2124 La Joya a day 7 days a week to work with you. Our agents ALEX CANTU are experienced and trained to understand your (956) 581-7095 situation during this tough time. Our goal is take Precinct 4, Place 1 the necessary steps in providing all the information CHARLIE ESPINOZA (956) 380-4473 McAllen about how to process a bail. We will explain to you KATHLEEN HENLEY (956) 681-2900 the bail bond process and answer all the necessary questions you may have. From the initial phone Precinct 4, Place 2 call to the defendant being processed out of jail HOMER JASSO (956) 383-0921 Mercedes we will be right with you. At anytime you have any JUAN RAMON ALVAREZ (956) 565-3114 additional questions our agents will be available 24hrs a day. ADDITIONAL NUMBERS Mission Our agency is specialized in working all types of bail bonds in South Texas. District Attorney JONATHAN WEHRMEISTER (956) 584-5150 RICARDO RODRIGUEZ (956) 292-7600 Palmhurst We handle DWI, Drug and Domestic Violence District Clerk HORACIO PEÑA, JR. (956) 583-2695 LAURA HINOJOSA (956) 318-2200 THE FASTEST WAY OUT! Pharr County Clerk RODOLFO “RUDY” MARTINEZ (956) 783-7859 ARTURO GUAJARDO, JR. (956) 318-2100 Progreso Public Defender’s Office VICTOR HUGO DE LA CRUZ (956) 565-0241 12506 Bail Bond Drive 121 S. 8th Street JAIME E. GONZALEZ (956) 292-7040 Edinburg, TX 78542 Donna, TX 78537 San Juan MUNICIPAL COURT JUDGES ELOY HERNANDEZ (956) 223-2460 www.southtexasbailbonds.com Alamo Sullivan City CELIA GARCIA (956) 787-8689 ROBERTO GARZA (956) 485-2828 Bail Bond Locations South Texas Bail Bonds offers its service in the area and regions of Texas:McAllen (Hidalgo County), Edinburg Alton Weslaco (Hidalgo County), Pharr, Mission, Weslaco, San Juan, (Hidalgo County), Kingsville (Kieberg County CARLOS E. ORTEGON (956) 213-8080 SAMUEL SANCHEZ (956) 968-6123 THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 11 MA-3008608 HIDALGO COUNTY
United States Southern District of Texas (McAllen Division)
DISTRICT JUDGES (McAllen) (956) 618-8085 Case Manager: LinhThu Do Chief Judge Ricardo H. Hinojosa (713) 250-5421 (956) 618-8100 Judge Eduardo V. Rodriguez Case Manager: Alex De La Garza (956) 928-7080 (956) 618-8474 Case Manager: Jeannie Chavez Judge Randy Crane (956) 928-7082 (956) 618-8083 Case Manager: Ludi Cervantes ADDITIONAL NUMBERS (956) 618-8473 General Information: (956) 618-8065 Judge Micaela Alvarez Jury Clerk: (956) 618-8479 (956) 618-8270 Federal Public Defender (956) 630-2995 Case Manager: Iris Belmares United States Attorney (956) 618-8010 (956) 618-8470 United States Pre-Trial Services (956) 618-8077 MAGISTRATE JUDGES United States Marshal (956) 618-8025 United States Probation (956) 618-8035 Judge Dorina Ramos (956) 618-8100 STATE AND COUNTY COURTS Case Manager: Lupita Corbett (956) 618-8428 13th Court of Appeals Main Office: Judge Peter E. Ormsby 901 Leopard (956) 618-8080 Corpus Christi, TX 78401 Case Manager: Carmel Rodriguez (361) 888-0416 (956) 618-8431 Hidalgo County Office: Judge Juan F. Alanis 100 East Cano Case Manager: Jennelle Gonzalez Edinburg, TX 78539 (956) 618-8478 (956) 318-2405 Judge J. Scott Hacker Justices Case Manager: Janie Leyva Chief Justice Dori Contreras (956) 618-8427 Justice Gina M. Benavides Justice Nora Longoria BANKRUPTCY JUDGES Justice Leticia Hinojosa Judge Marvin Isgur Justice Rodolfo “Rudy” Delgado (Houston) (713) 250-5639 Justice Gregory T. Perkes
12 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR JUDICIAL DIRECTORY
United States Southern District of Texas (McAllen Division)
STATE DISTRICT COURT JUDGES 449th District Renee R. Betancourt 92nd District (956) 381-0744 Luis M. Singleterry (956) 318-2250 COUNTY COURT-AT-LAW JUDGES 93rd District County Court #1 Fernando Mancias Rodolfo “Rudy” Gonzalez (956) 318-2375 (956) 318-2255 County Court #2 139th District Jaime Palacios (956) 318-2380 Roberto “Bobby” Flores County Court #4 (956) 318-2260 Fred Garza (956) 318-2390 206th District County Court #5 Rose Guerra Reyna Arnoldo Cantu (956) 318-2460 (956) 318-2265 County Court #6 275th District Albert Garcia (956) 289-7400 Maria Cuellar (956) 318-2270 County Court #7 Sergio Valdez (956) 292-7780 332nd District Mario E. Ramirez, Jr. County Court #8 (956) 318-2275 Omar Maldonado (956) 292-7740 370th District Probate Court Noe Gonzalez JoAnne Garcia (956) 318-2385 (956) 318-2280 MASTER COURT JUDGES 389th District Letty Lopez Master Court #1 (956) 318-2080 Nereida Lopez-Singleterry (956) 318-2398 398th District Master Court #2 Keno Vasquez Ismael “Kino” Flores (956) 318-2452 (956) 318-2470 430th District JUSTICES OF THE PEACE Israel Ramon, Jr. Precinct 1, Place 1 (956) 318-2900 Gilberto Saenz (956) 447-3995
Continues on page 14
THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 13 HIDALGO COUNTY JUDICIAL DIRECTORY
Precinct 1, Place 2 Ricardo Rodriguez (956) 292-7600 Jesus E. Morales (956) 968-0707 District Clerk Precinct 2, Place 1 Laura Hinojosa (956) 318-2200 Bobby Contreras (956) 784-3540 County Clerk Precinct 2, Place 2 Arturo Guajardo, Jr. (956) 318-2100 Jerry Munoz (956) 787-1986 Public Defender’s Office Precinct 3, Place 1 Jaime E. Gonzalez (956) 292-7040 Luis Garza (956) 519-8422 Precinct 3, Place 2 MUNICIPAL COURT JUDGES Juan Jose Peña, Jr. (956) 581-2124 Alamo Precinct 4, Place 1 Celia Garcia (956) 787-8689 Charlie Espinoza (956) 380-4473 Alton Precinct 4, Place 2 Carlos E. Ortegon (956) 213-8080 Homero Jasso, Sr. (956) 383-0921 Donna Precinct 5, Place 1 Javier F. Garza (956) 464-6942 Jason Pena (956) 292-7015 Edcouch ADDITIONAL NUMBERS Armando Marroquin/Robert Schmalzried (956) 262-2140 District Attorney Edinburg Toribio Palacios (956) 289-7797 Elsa Osiel Ramos (956) 262-9866 Hidalgo Ivan F. Perez (956) 843-8140 La Joya Alex Cantu (956) 581-7095 McAllen Kathleen Henley (956) 681-2900 Mercedes Juan Ramon Alvarez (956) 565-3114 Mission Jonathan Wehrmeister (956) 584-5150 Palmhurst Horacio Peña, Jr. (956) 583-2695 Pharr Rodolfo “Rudy” Martinez (956) 783-7859 Progreso Crystal Garza (956) 565-0241 San Juan Eloy Hernandez/Rick Perez (956) 223-2460 Sullivan City Roberto Garza/Jesse Lerma (956) 485-2828 Weslaco Samuel Sanchez/Juan Alvarez (956) 968-6123
14 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR HIDALGO COUNTY COURT SYSTEM ADAPTS TO COVID-19 ERA By Benjamin Treviño There is a misconception that the Hidalgo County courthouse is closed due to the outbreak of Covid-19, according to Judge Noe Gonzalez of the 370th District Court. Gonzalez, who also serves as Presiding Administrative Judge of the county, says that is not the case.
370th District Judge Noe Gonzalez discusses an objection during a murder trial in this Monitor file photo from October 2017. File Photo Every single court in transmission of a disease. create a link for litigants, and making sure that the “the county in one form Basically we’re preparing the attorneys, and others, and Hidalgo County court system or another has continued courthouse so that all people also to stream that conference continues to function. to work,” Gonzalez told can come in and feel safe.” to the public on the internet. “I want the general public to RGV Law Guide, via Zoom The Texas Constitution To stream proceedings to the be confident that their courts teleconference. “That mandates that Texas courts public, Texas courts would are working,” Gonzalez stated. includes municipal courts, remain open to the public. As create YouTube channels or “Having said that, patience JP courts, county court at law the Coronavirus continues Facebook Live channels. is going to be of utmost judges, district courts, and changing court operations, “I was appointed to do a importance for everybody appellate courts. We have and more hearings move test case sometime in July,” because things are running all been working. What has to telephone or video said Gonzalez. “But we still differently. changed is we do not have conference, judicial leaders haven’t found a case we’re The picture looks different, juries, and we will not have are developing ways to allow satisfied with, one that would but once we get cranking up juries until after August 1, for the public to listen or watch. fit the bill for a test case.” and our knowledge of the now.” “There’s a general provision Meantime, the filing of technology catches up, we’ll Visitors to the courthouse in the Texas Constitution new cases has not stopped, be able to do this faster. In will find a building that is that says Texas courts should since much of it can be done fact, I envision after Covid-19 mostly empty, but Gonzalez be open,” Texas Supreme remotely. All courts are still settles down, hopefully emphasizes that it’s only Court Chief Justice told the moving forward – divorces, sooner than later, that a lot of because almost every online judicial industry name changes, contract cases the technology we’re utilizing department is working publication, Law.com. – any type of case being filed now is going to stay in place. remotely. As of press deadline “There’s nothing specific in is still moving through the We’re going to continue to for this publication, Gonzalez the U.S. Constitution, but it’s system. use it. had submitted an updated really understood that court “There has definitely been Gonzalez has penned a plan which, if approved by proceedings need to be open a backlog across the board,” letter to the public explaining the 5th Region, the Texas to the public, unless there’s a said Gonzalez. “Starting at how the county is trying Supreme Court, and the Office reason to close them.” municipal level and moving to balance Constitutional of Court Administration, Essential proceedings such up to the highest trial requirements for judicial would give greater access to as bond hearings, writs of courts, which are the district proceedings with the effort the general public. habeas corpus, and others are courts, and then there’s the to protect public safety. “That plan allows us to moving forward as normal. appellate courts. There has Additionally, the Texas have live hearings, but only But, nonessential matters been some backlog that has Supreme Court has issued if we cannot do it remotely,” such as motion papers and accumulated. What those 17 Executive Orders on the said Gonzalez. “That includes notices of appeal have either numbers will look like in the subject, and Gonzalez has social distancing, that been postponed or handled end, we don’t know, because issued five of his own for includes special disinfectants through electronic hearings. we’re adjusting as we go. But, Hidalgo County. The letter, and tissues and masks, and The Texas Office of Court we’ll eventually catch up.” along with all the orders, all those things that come Administration is testing a Gonzalez praised his fellow can be accessed at: www. along with trying to protect video conferencing system judges and local attorneys hidalgocounty.us/2634/ the public from further that would allow a judge to over how they are adapting COVID-19-Judicial-Orders.
THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 15 EXPLORING FOUR COMMON MYTHS ABOUT PERSONAL INJURY LAW
By Benjamin Treviño
Contacting a lawyer for help with a personal injury case can feel intimidating, especially in the wake of a serious accident. Many victims are struggling with huge medical bills, further adding to the confusion about what one should do in order to get compensation. RGV Law Guide wants to help our readers understand personal injury law a bit better by dispelling some common myths and misconceptions about this legal specialty.
yth #1: It costs a lot of money to talk fee or retainer up front, or during the obviously the insurance companies M to and hire a personal injury lawyer. process of the actual development and are going to take advantage of their This is a common myth mainly prosecution of the case.” situation.” because there are different ways that Myth #2: My insurance company will Myth #3: The person or company attorneys charge for their services. cover my medical bills and other losses. responsible for my injuries will Hiring certain lawyers, such as a divorce The truth is most insurance experience financial hardship. attorney or criminal defense attorney, companies will try to pay you the In almost every personal injury case, usually does require an up-front charge. least amount of money possible to insurance companies pay the claim, not However, in personal injury law, the vast make your claim go away. Each year, the individual or company responsible. majority of attorneys use a contingency insurance companies only pay about Furthermore, there may be several fee structure. 50% of the costs associated with motor different sources of insurance coverage “The lawyer who works on a vehicle crashes. Moreover, crash victims that can be sought to pay for your contingency basis does not get paid end up paying about 26% of motor personal injury claim. If you are hit by until the case is settled and the funds vehicle crash costs out of their own a company truck, for example, you may are disbursed,” said Weslaco personal pockets. be able to sue the driver, the trucking injury attorney, Zeke Reyna. “If for “Insurance companies are created to company, and/or a parts manufacturer whatever reason there is no settlement, make money for their shareholders,” to get the compensation you need to most contingency fee contracts will Reyna said. “The less money they pay pay for your losses. specify that the lawyer does not receive to a claimant, the more money they “By and large, most people do have any fees at all. That’s a huge advantage make. Since most claimants don’t insurance, because it’s compulsory to the client, because the client does know their rights and have no ability to under state law,” stated Reyna. “The not have to come up with any type of enforce those rights on their own, then See INJURY |17
16 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR INJURY| FROM 16 are experiencing pain, and other insurance company takes over symptoms. They miss work, miss the responsibility and obligation out on their hobbies, and may even on behalf of the insured. If struggle with psychological, or the person responsible for the emotional issues such as PTSD after accident has insurance, that being injured. particular person has no personal “It behooves the claimant to seek responsibility for the victim that medical attention if they’ve been they injured.” injured in an accident, even a minor Myth #4: It’s not worth accident,” said Reyna. “If nothing else, talking to a lawyer over to verify that they’re going to be okay minor injuries. in the long term. This is especially In truth, the average important for older people, because as personal injury claim we all know the aging process the body award is $28,000, starts hurting without any real trauma. according to data So when there’s an accident like this it from the Bureau of can come back to haunt you.” Justice Statistics. Don’t delay So-called “minor In Texas, personal injury suits injuries” can generally must be filed within two often become years of the date of the accident. Two more painful years might seem like a long time, and serious but it can go by quickly for patients over time. who are focused on recovery. While Patients can there are some circumstances that end up seeing can extend the time frame you have several doctors available to file a lawsuit, they are and having limited and complicated. This is just multiple one more reason why it’s important to tests done talk to a lawyer right away if you have just to find been injured and you believe you’re out why they entitled to compensation. MA-30161741
THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 17 MCALLEN LOCATION: BROWNSVILLE LOCATION: HOUSTON LOCATION: 207 North 15th Street 914 East Van Buren 6666 Harwin Dr. Suite 490 McAllen, Texas 78501 Brownsville, Texas 78520 Houston, Texas 77036 956.278.0888 956.621.4530 832.307.0770 18 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 18 MA-30161 40 18 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 19 YOU WANT TO BECOME A COURT BAILIFF? HERE’S WHAT YOU NEED TO KNOW By Benjamin Treviño
The bailiff profession has been around since before the Norman conquest of England in 1066. Today’s bailiffs fundamentally serve as peace officers of the court.
hey are responsible for qualifications are the same the Texas Commission large, metropolitan areas. T maintaining courtroom for all bailiffs. Generally on Law Enforcement Salaries also increase order, which includes speaking, a bailiff candidate (TCOLE). In some areas, depending on the level of providing security to must at minimum: law enforcement training court in which you serve jurors, attorneys, judges • Have a high school is required. Some bailiffs from county courts at law and members of the public diploma or GED may even need to graduate all the way up to the Texas present in the courtroom. • Be at least 21 years of age from the police academy Supreme Court. A bailiff also helps facilitate (18 for some positions) before attaining a full-time Rodriguez was born, all court proceedings, such • Pass a background position. Bailiffs may also be raised, and attended as announcing the arrival of check, drug screening and expected to have: high school in Hidalgo. the presiding judge. physical endurance test • Firearms training He attended college at “We are responsible • Have some knowledge, • Non-lethal defense STC, before transferring for the overall safety of familiarity or training in training (pepper sprays, to UTRGV. Rodriguez not the court,” said 370th criminal justice or law police batons, etc.) only serves as bailiff of the District Court Bailiff and enforcement • Self-defense techniques 370th District Court, he is Coordinator, Romeo “Here in the Valley, • Threat neutralization also the court coordinator, Rodriguez. “We protect the being bilingual is a training which includes many other judge and the audience plus,” said Rodriguez. • First aid and CPR logistical duties on top of in the courtroom itself. “Court proceedings are training maintaining order in the Safeguarding the jury is conducted in English, so “I have been a bailiff on court. He encourages others another duty we have. When we do a lot of interpreting and off for about five years,” in the law enforcement field there is a jury trial we’re in court, because of the said Rodriguez. “But, I also to consider the rewards of responsible for the members large Spanish-speaking have 15 years of experience becoming a bailiff. of the jury. We bring them population.” with the Hidalgo County “You can take pride in in, prepare them for court, At a minimum, bailiffs Sheriff’s Office and the the fact that your services and keep them away from are required to have District Attorney’s office. are needed and respected,” the public during the trial an associate’s degree When the opportunity to said Rodriguez. “I sure do itself. If there’s a need for an in criminal justice or a become a bailiff presented recommend it. If they come interpreter, we can do that related field. However, itself, I took advantage and across the opportunity, I as well.” having a bachelor’s degree got hired on.” think they should take it. The responsibilities of a will make an applicant Texas bailiff salaries can Obviously, you should have courtroom bailiff can vary a more-competitive vary greatly, depending on some law enforcement considerably, depending candidate for a bailiff job. where you decide to work. experience, and be TCLOE on the courthouse in Bailiffs are also required The pay ranges from about certified, which all peace which they serve. However, to have a Courtroom $26,000 in smaller counties, officers in Texas are. It’s a the requirements and Security certificate from to as much as $60,000 in good job.”
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THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 21 MA-3016 3 0 CHILD CUSTODY IN THE COVID-19 ERA HINGES ON CHILD’S BEST INTEREST
By Benjamin Treviño
The Covid-19 epidemic has cast a pall of uncertainty over many aspects of our lives. One of the more important questions divorced parents may face during the pandemic is when, or if, they can violate a court-ordered custody agreement in an effort to protect the child from exposure to the virus.
If you, as a parent, making a telephone call or she has been exposed, or that it is in your child’s best “have any reasonable to local police in an effort lives in an area where there is interest to remain with you expectation that your to preempt any issues,” rampant community spread either temporarily or for the child’s well-being or safety said Flores. “By calling the of the virus. Another issue duration of the pandemic, is compromised because police ahead of time, you are is whether a former spouse then that’s what you need to of Covid-19, then you allowing them to understand can be trusted to practice do. should be encouraged to the reason why you’re not effective social isolation. “Part of your job as a not necessarily violate the going to let the kids go. Most child custody law parent is to protect the court’s order, but disallow I would also encourage agreements will contain the safety and the mental and the visitation,” said Edinburg communication with the ex- following details: physical well-being of the attorney, Oscar Rene Flores. spouse. Obviously violating a • Where the child will child,” Flores stated. “We are “Don’t let the visitation court order in any situation live seeing an uptick in domestic happen unless and until is dangerous. You shouldn’t • Whether one parent violence. We’re seeing an you are satisfied that mom, be contemplating that, but will have primary physical uptick in child abuse. Some or dad, or grandma, or there are realities. You’re also custody parents are going through grandpa, or whoever they’re encouraged to visit with an • Who will make major financial troubles that are going to be with, unless attorney so that you can file decisions regarding child’s affecting their ability to deal you’re satisfied that the the appropriate paperwork, upbringing with emotions. Whatever environment is going to be if you need to modify the • Visitation rights you do, don’t lose your cool, safe.” court order that’s in place • How and where because if you do, you may The reality is that now.” the child will spend their not need a custody lawyer, violating any court order There is nothing more holidays you may need a criminal is legally perilous, and the important than the child’s • How will contact defense lawyer.” consequences can be severe. health. If your former spouse with grandparents and Before relinquishing If a judge finds that you have is infected with the virus, other relatives or friends be custody of your child, violated the terms of the then the decision to not send handled especially in high-risk areas, custody agreement without your child to their home is Custody determinations it’s important that you cause, then you risk losing pretty clear cut. always come down to the discuss strategies for your custody rights entirely. The grey area arises when “Best Interest Standard.” “I would encourage an ex is not infected, but he If you can prove to a judge See CHILD | 19
22 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR CHILD | FROM 18 in terms of modifying the court’s order,” said Flores. isolation and quarantine. “Even during a pandemic It’s also a good idea to have your divorce attorney emergency protocols in will likely be willing to place should anyone in the teleconference with you household begin showing to discuss your concerns symptoms or be exposed. and establish a strategy Typically, minor children to protect your child of divorced parents will be and preserve your under the court’s jurisdiction custody rights. Any until 18 years of age. But modifications will turn during that time frame, on what’s in the best children grow, lives change, interest of the child. It and circumstances change. always comes back The best interest of a child to that.” who is five may or may not be the same when the child reaches age 12. The Covid-19 pandemic is an extraordinary example of how drastically life and circumstances can change. “If circumstances change that significantly compromise the ability for the order to work, then I would encourage them to visit with their attorney to find out what their rights are MA-301616
THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 23 COVID-19 AND THE IMPORTANCE OF ESTATE PLANNING By Benjamin Treviño During uncertain times, it’s natural for people to think about getting their affairs in order to ensure their loved ones and assets are protected should something happen to them. Estate planning is always a good idea, but it’s especially important in times such as this year’s Covid-19 pandemic.
This virus has created a lot wanted to be entrusted with passes property outside of specific treatment plans, “of uncertainty and a lot of your kids. probate court. There are no you take uncertainty out of people are worried about it,” “Most people don’t court or attorney fees after the equation and make it said estate planning attorney, understand how much the trust is established. Your easier for people to follow Leo Lara. “It has raised trouble, confusion, expense, property can be passed your wishes. Be sure that awareness and I think it’s and hardship they leave immediately and directly to the document also includes appropriate that it is getting behind for their survivors your named beneficiaries. a HIPAA (Health Insurance attention. One thing that is when they don’t plan to “The trust is a little more Portability and Accountability certain is that we’re all going provide for their survivors,” expensive to set up,” said Act) privacy waiver so that to die someday, and so we’re Lara said. “The will is going Lara. “But the trust lays out your medical agent has access all going to have to do some to have certain provisions who’s in charge. A trust is to your medical information. kind of preparation. It has to like who the maker (of the more efficient and it’s private. “The medical power of be done sooner or later.” will) is, who the family is, Nobody knows what went attorney is for when you are Estate planning means and are they going to pay the in it. You don’t have to tell unable to make decisions more than just having a final expenses? It also states anybody what you own, for yourself about medical will. A strong estate plan how the assets of the person what you have, or how it’s treatment,” said Lara. “You also includes important are going to be divided. It going to be distributed. The can also have advanced documents such as a names the executor. And it documents themselves are guardianship designations. revocable trust (sometimes gives them the power and self-authenticating, they’re For example, if you’re an called a living trust), financial the authority to do what they notarized, they’re set up, and elderly person and you don’t powers of attorney, and health need to do. They can also the property gets transferred really have children you can care powers of attorney. provide how they want to into the trust. The good thing designate ahead of time if be buried and so on and so about that is you don’t have to I become incapacitated or Wills forth.” go to court to get any kind of have Alzheimer’s I can do this A will is a legal document authority. There’s a lot more guardianship document and stating how you want your Trusts flexibility in a trust. I can choose in advance who affairs handled and assets There are many types of I’d like to take care of me.” distributed after you die. If trusts, but they generally fall Advance Medical you have minor-aged children into two categories: living and Directive Update as Necessary at home, It’s important to testamentary. You can also It’s also important to Finally, take the time to have a will that appoints create a trust for the purpose consider your medical periodically review your guardianship of your children. of avoiding probate court, decisions. Setting up an beneficiary designations to If a guardian is not appointed called a revocable living trust. Advance Medical Directive make sure everything is up to through your will, your It is called revocable, as it tells doctors and caretakers date. It’s recommended you surviving family will have to can be changed during the to make the appropriate review them every year along seek help in a probate court life of the trustor. The trustor decisions if you become with your assets, insurance, to have a guardian appointed maintains ownership of the terminally ill and can’t act on and beneficiaries. Questions for your children. The person property held by the trust your own. about your specific situation appointed may or may not be while the trustor is alive. By specifying how and should be addressed with the the person you would have Unlike a will, a living trust when to proceed with attorney of your choice.
24 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR COVID-19 AND THE IMPORTANCE OF
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By Benjamin Treviño
Millions of children and teenagers in the United States are injured during school- related activities every year. If you are a parent in Texas, and your child is seriously injured in public school, you’ll likely want to know who is legally responsible for the injury, and if you have any legal recourse.
s discussed in a separate know what to do if they don’t provider is closed. “Every situation is Aarticle in this publication, feel safe at work.” “We know that a lot of fact-specific,” Youker Texas Rio Grande Legal Youker adds the best way employers themselves are emphasized. “I’m not Aid (TRLA) is responding to avoid the virus is to take not aware of it,” said Youker. saying that every employer to a variety of legal issues a leave of absence if you “There just hasn’t been a lot covered by this law is generated by the Covid-19 can. There are a number of of community education obligated to see diabetes pandemic. The non-profit is situations that allow workers or outreach about the new as an accommodation, but offering free legal services to to take leave and retain their Covid paid leave that’s employees certainly have the those impacted by Covid-19, job, but many don’t know available to so many millions right to ask for it and start but who cannot afford an about their rights under the of workers. So, a lot of people that process of finding a way attorney. The number one law. aren’t taking that (leave).” to allow the employee to query TRLA is getting has to The Family and Medical Another reason people can continue to work.” do with employment issues. Leave Act (FMLA) signed take leave is if they have a The Covid-19 pandemic “Almost all the calls we’re into law in March allows disability that has left them has placed many workers in getting right now are almost anyone who works for an immunocompromised, a difficult dilemma. Many exclusively related to the employer with fewer than including HIV, asthma, or feel like they need to choose pandemic, and particularly 500 employees to take Covid- lung disease. As long as between continuing to this topic of employment 19-related leave. Workers the employee works for a work and protecting their rights,” said TRLA attorney can take paid leave for a business that has at least 15 livelihood versus their safety. and labor group coordinator, number of reasons, one of employees, they’re protected TRLA wants people to know Katy Youker. “We’re hearing which is if they were told to under the Americans with they do have rights in many questions such as, ‘Do quarantine by a healthcare Disabilities Act (ADA). of these situations. Knowing I have to return to work provider. They can also take Generally speaking, those those rights, says Youker, now that my employer has leave if they have a condition workers have an existing puts workers in a better reopened?’ They’re asking that puts them at high risk, right to ask their employer position to protect their jobs if they can continue to get or if they are simply unable to make changes to the way and still protect their safety. unemployment if they return to work because their child’s they work in order to allow to work. Also, they want to school or the child’s day care them to continue to work. See EMPLOYMENT | 23
26 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR EMPLOYMENT | FROM 22 and why they’re not getting unemployment. There are lots of “Really it’s best to talk to an questions about that and we’re employment lawyer if possible,” trying to maneuver through said Youker. “They can also them at this time. The consult the materials we have public can also ask TRLA gathered on our website, because questions. It’s free, there are so many different confidential, and existing laws and the new laws (the questions) will that were passed in response be reviewed by to the pandemic that are an attorney.” overlapping and it’s not a very simple situation.” In order to handle the overwhelming requests for Covid-19 legal advice, TRLA is doing online community education presentations through community groups such as La Union del Pueblo Entero (LUPE) and the Texas Organizing Project. Workers are also urged to visit TRLA’s website (www.trla.org), which includes links which offer answers to some of the public’s most frequently asked questions. “We’re getting a ton of questions about qualifying for unemployment,” said Youker. “They want to know how it works
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THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 27 SO, YOU WANT TO BE A DISTRICT CLERK? HERE’S WHAT YOU NEED TO KNOW By Benjamin Treviño
District clerks in the Lone Star State perform the various duties outlined in the Texas Constitution. The office acts as the registrar, recorder, and custodian of all court pleadings, instruments, and papers that arise from any legal cause of action in the district courts.
Laura Hinojosa, Hidalgo County’s District Clerk since 2007.
he major duties of the well. A more-complete listing have been blessed to do.” are here to help.” T office include: about the responsibilities of District clerks are elected There are 425 district a district clerk can be found every four years. To run for clerks in the state. Hinojosa • Serving as clerk and in the “2018 Guide to Texas the office, you must be at currently serves as President custodian of all records for Laws for County Officials.” least 18 years of age, a US of the County and District the District Courts Some duties may vary within citizen, a resident of Texas Clerks’ Association of individual counties. For for at least 12 months, a Texas. The purpose of the • Indexing and securing all example, in Texas counties district resident for at least organization is to promote court records with a population of fewer six months, and you must be professional standards, to than 8,000, the county clerk registered to vote. After being provide for the continuing • Collecting filing fees, also serves as the district elected, district clerks are education of its members, and handling funds held clerk and assumes all required to attain 20 hours and to participate in the in litigation and money constitutional and statutory of continuing education legislative, judicial and awarded to minors duties of both positions. during each calendar year executive processes of state “It’s been a lot of work, but that begins after his or her government that affect • Coordinating the jury it truly has been a labor of election or appointment. the performance of the panel selection process love,” said Laura Hinojosa, “One of the hardest things members’ duties. who has served as Hidalgo is that you don’t have to be Hinojosa’s term as • Processing passport County’s District Clerk since a lawyer to be a clerk,” said president was set to expire applications she was first elected in 2007. Hinojosa. “There’s a very fine June 30, but will likely be “It has taught me a lot about line between legal advice extended due to ongoing • Managing court registry myself, and it’s given me a and legal information, and pandemic restrictions on funds lot of trust and faith in my so as clerks we have to be large gatherings. Hinojosa staff, because without my very careful that we are not says the greatest challenge The district clerk performs incredible staff, I wouldn’t be giving legal advice, because many other functions as able to do the things that I we are not lawyers. But we See CLERK | 25
28 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR CLERK | FROM 24 The access to justice is still together and bring people others, you’re not going to there.” together for the betterment get anywhere. As an elected for her and her fellow Hinojosa’s advice to of the entire office, not the official, everyone who voted clerks has been to keep the aspiring clerks is to be a individual,” said Hinojosa. for you is basically your wheels of justice turning good administrator. That “Hidalgo County has boss, and you have to be while working with only includes a willingness to more than 70 different willing to listen to not only a fraction of their normal work and collaborate with departments. At the end the good, but also listen crews. the various county and of the day, if to the bad and be willing “It’s been tough, trying to state offices and agencies. you are not to make the necessary keep the social distancing, She likens the District willing to changes for the good.” trying to get our work Clerk’s office to one work with done.” Hinojosa said. “The piece of a larger puzzle. courts use electronic filing “I would just 24/7, and we work Monday encourage people through Friday from 8:00 to be willing to work to 5:00. I’m very proud of our judges, because they’re handling their hearings through Zoom, and our lawyers are doing that too. We don’t have a lot of foot traffic here at the courthouse, but we definitely have a lot of work.
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THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 29 MARROQUIN PREPARES TO ASSUME JUDGESHIP OF NEWLY-CREATED COURT By Benjamin Treviño
Born in Corpus Christi, and raised in Laredo, Armando Marroquin has been practicing law in the Rio Grande Valley for 17 years. However, it wasn’t until relatively recently that he saw himself running for an elected position in the judiciary.
As time has gone on and friendly. is still under construction, certain ways to do things now “I’ve been exposed to more “The great thing about adding to the uncertainty that might make things a little in the law, that’s kind of what campaigning is you learn a about whether there will be a easier for litigants as well as has opened my eyes,” said lot from people as you speak smooth rollout for the courts for attorneys…such as some Marroquin. “Sometimes if you to them,” said Marroquin. come January. of these Zoom hearings where want to make certain changes, “There’s a lot of people that go “Honestly, I really don’t people don’t actually have to you can do it better from through the legal system that know where they’re going to show up to court. Some of within as opposed to on the have never had a brush with house the court,” Marroquin these things where there’s still outside.” anything legal, so when they said. I don’t know how transparency, but you don’t Marroquin won the get there, it can be scary, and that’s all working out. They have people jammed packed Democratic primary race it can be frustrating. The main know where they’ll put (the in a courtroom I think is for Hidalgo County Court things I heard from people is new courts) in the new probably a good thing.” at Law #10 earlier this year. that they want the courts to be courthouse, but as of right Marroquin says the early The general election isn’t more efficient, because time now, or as of January 1. 2021 days of his term will be used until November, but with is valuable. Number two, they if the new courthouse isn’t to learn as much as possible. no Republican challenger, want to be treated fairly.” finished they’re going to have “In speaking with some of Marroquin’s ascension to The county court at law to come up with a space for the other judges in some of the bench is widely seen as a system in the Valley has a these new courts.” the other courts they’ve all formality. Under state law, he large volume of court cases, As with courts in other talked about how there’s a must receive at least one vote which is why the Texas parts of the state and nation, little bit of a learning curve,” in the general election. Legislature created two new the Covid-19 pandemic has said Marroquin. “I want to Marroquin has a general courts (9 &10) in 2019. Both hampered the Hidalgo County get through that first before I law practice in McAllen, courts are set to begin hearing judiciary. Courts at every level try anything too bold. I think with a focus on criminal cases January 1, 2021. But, have postponed or canceled there’s plenty of opportunity defense and personal according to county budget proceedings in response to to do a lot of cool things for injury. He has also served as office estimates, it will cost the spread of coronavirus. the community, for the kids, municipal judge for the city about $2.7 million a year However, Marroquin believes especially the high school of Edcouch. Marroquin says to run both courts, and some of the lessons learned kids. I plan to be fair. I think his experience practicing law funding is not expected to from the outbreak can be that’s what the people want outside the Valley coupled be hammered out until the used to streamline the system and deserve from the courts – with the feedback he got next budget cycle begins in moving forward. someone who’s fair, someone on the campaign trail have October. “I’m optimistic,” said who treats everyone the same, motivated him to try to make On top of that, the new Marroquin. “What it showed and also somebody who’s the court system more user Hidalgo County courthouse a lot of courts is that there are willing to listen.”
30 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR MA-30161254 DAVIS LAW, P.C. Timm Davis - Attorney
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THE MONITOR RIO GRANDE VALLEY1320 LAW N. BOOK 10th St. #140, McAllen, TX June78501 2020 | 31 FREE NON-PROFIT LEGAL SERVICES AVAILABLE TO LOW-INCOME TEXANS IMPACTED BY CORONAVIRUS By Benjamin Treviño From lost wages, to evictions, to threats of domestic violence, the Coronavirus pandemic and its resulting shelter-in- place orders have left many Texans facing a variety of legal issues.
exas Rio Grande Legal Aid to: “covered properties” several can still be evicted - just not T(TRLA) is responding by • Family: Family violence, protections for a temporary right away. In order to evict offering free legal services to child support, visitation, period of 120 days. At someone legally, a landlord people who cannot afford an courtroom dates covered properties, landlords must file an eviction case in attorney. TRLA services are • Housing: Evictions, are temporarily prohibited Justice of the Peace court. available in 68 southwestern landlord-tenant conflicts, from: “Some local jurisdictions counties, including all rental assistance • filing evictions for non- have extended the eviction counties along the Texas- • Benefits: CARES Act, payment of rent, or moratorium even though Mexico border. SNAP, social security • charging late fees or the Texas Supreme Court “We cover about 45 disability, veterans penalties for late payment of order expired this week,” different process areas,” • Employment: Lost work rent, for a period of 120 days said Alexander. “We want said TRLA Director of opportunities, emergency from March 27 until July 25, people to know that under Communications, Shelby sick leave, unemployment 2020. the CARES Act if they Alexander. “In addition benefits, disabilities (covered During this period, have any type of federally to that, we also operate a in a separate article in this landlords cannot issue subsidized housing or public defender program in publication) notices to vacate for housing that is backed by the 10 counties that are close to One of TRLA’s chief nonpayment. Regardless of federal government they’re the Coastal Bend area and in concerns is protection whether a person lives in a protected through late July.” Starr and Willacy counties, for renters under the covered property, TRLA urges Alexander acknowledged representing low-income Coronavirus Aid, Relief, and everyone to continue to pay it can be difficult for a renter and indigent people accused Economic Security (CARES) rent in full and on time, if to know if their property is of felonies, misdemeanors, Act, which President possible. The CARES Act covered under the CARES and juvenile violations.” Trump signed into law in does not forgive a person’s Act. With this in mind, TRLA’s legal services March. The CARES Act obligation to pay rent. include but are not limited offers renters who live at Tenants who do not pay rent See SERVICES | 29
32 | JUNE 2020 RIO GRANDE VALLEY LAW BOOK THE MONITOR SERVICES | FROM 28 are probably hardest to meet determine is if someone income, legal services TRLA has joined with has a (housing) voucher,” asset, and immigration by calling our hotline,” Texas Housers and BASTA said Alexander. “If someone requirements to qualify said Alexander. “It’s open Austin to deliver an online puts in their address and it for free legal services. Monday through Friday map of covered properties. doesn’t show up on the map Since TRLA offices are 9:00 am to 5:00 pm central Tenants can access the we want them to know too temporarily closed due time, excluding holidays. map at: www.texashousers. that if they have a voucher Coronavirus precautions, The number is (888) 988- org/2020/05/21/cares-act- of some sort, then that speaking to a trained intake 9996. Our website (www. tenant-protections-map- does mean that they qualify worker on the phone will be trla.org) is being updated tool-trla-basta/ under the CARES Act.” the first step of the process. every day and there’s a lot of “We know the ones that TRLA applicants must “People can apply for information there, too.” THEY JAILEM, THE LAW OFFICES OF JOE A. FLORES “WE’LL BAILEM”! JD, FNP, ATTORNEY & NURSE PRACTITIONER 500 N. Shoreline Blvd., Suite 1002 Corpus Christi, TX 78401 joe@fl oreslawfi rm.com • Civil & Criminal Law FAST, RELIABLE, COURTEOUS AND • Trial Law CONFIDENTIAL BAIL BOND SERVICES • Healthcare Law in o Bail Bonds is a amil owned and opera ed • Medicare & Medicaid compan . e e een helpin people procure ail onds in idal o Coun , Texas, since 1988. Our a en s are he mos • Federal Law experienced pro essionals in he usiness and now all he ins and ou s o wor in wi h he s s em o e ou or our • Medical Negligence lo ed one ou rom ehind ars and ac home uic l . • Professional Health License Defense • Whistleblower (956) 380-6999 Protection 510 or h Closner Bl d. din ur , Texas
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THE MONITOR RIO GRANDE VALLEY LAW BOOK June 2020 | 33 MALDEF: CHAMPIONING LATINO RIGHTS FOR MORE THAN 50 YEARS By Benjamin Treviño Civil rights activism in the Latino community ranges from grassroots organizing at the local level to national organizations which can litigate causes all the way up to the US Supreme Court. When it comes to the latter, the preeminent Latino-rights organization for more than 50 years has been the Mexican American Legal Defense and Educational Fund, commonly known as MALDEF. he legal defense agency was women who together led the Plyer vs. Doe, which also came “It was critically important T founded in San Antonio organization for 27 of its 52 out of Texas. The case went that we pursued the racial in 1968 by local attorneys years. So I’m very proud that to the US Supreme Court in intent claim in that lawsuit,” Pedro (Pete) Tijerina and MALDEF has been led for 1992, and resulted in creating said Saenz. “I think having Mario Obledo, and a handful more than half of its existence a constitutional right for K the prospect of going to court of other Latino activists from by women.” through 12 students to attend on that, particularly with across the country. MALDEF MALDEF’s first legal victory public schools without charge the newly-revealed evidence emerged at the height of came soon after its founding regardless of their immigration from a deceased Republican the American civil rights in 1968. The group went to status.” consultant, is what led the movement, and was inspired court on behalf of 192 students “I think it’s quite clear, administration to finally, by the National Association for at Edcouch-Elsa High School and the US Supreme Court some two weeks later, decide the Advancement of Colored who were expelled after majority recognized that it to abandon putting the People (NAACP). boycotting classes in protest would be a real blow not just citizenship question on the “We were consciously of the school board’s refusal to to the students involved, census 2020 form.” modeled on the NAACP Legal hear their pleas on educational but to entire communities Even though MALDEF is Defense Fund,” said current abuses. A judge agreed that and society if these children best known for its litigation MALDEF President and the expulsions violated the were excluded from public capacity, it also offers General Counsel, Thomas students’ constitutional right schooling,” said Saenz. “If scholarships and partners Saenz. “Our goal, from the to protest. they weren’t provided an with other organizations on beginning, has been to use the “Education (rights) is one education, they would be a range of educational and legal system to promote social area of law that has always hampered in their ability to leadership initiatives. More change. I think there has been been critically important make contributions to society. information on the group’s progress since then, but there to MALDEF from its very So it really is, as the term history, its services, and how remain significant challenges.” beginning,” said Saenz. “We ‘public education’ suggests, to to contact MALDEF about a Although Obledo and have had to combat both the benefit of the entire public potential civil rights violation Tijerina headed MALDEF blatant and intentional to ensure that all children are are available at www.maldef. for its first five years, Saenz discrimination and we still do. educated.” org. The groups’ email address credits attorney Vilma Socorro We had to challenge the Texas MALDEF still has dozens is [email protected]. Martinez with putting the school financing system half of civil rights cases pending “You have to be optimistic to organization at the forefront of a dozen times throughout our on issues from education, do the work that we do,” said public attention. history, because it still results to housing, to immigrant Saenz. “But, it’s an optimism “She (Martinez) served for in significant discriminatory detentions, to the denial of that is grounded in the long nine years,” Saenz recalled. differences in resources economic stimulus payments history that we have of success. “She is the leader who very available in predominantly to households with mixed We do recognize that progress clearly established MALDEF Latino school districts as well citizenship status. Most comes incrementally, but I as a force and secured its as others.” recently, MALDEF successfully think we can point to many standing as the leading Latino One of MALDEF’s most- blocked the attempt to include instances where our work has civil rights organization in the notable and far-reaching a citizenship question on the contributed to that important country. Vilma is one of two victories came in the case of 2020 Census forms. incremental progress.”
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