UPDATE September 2011 Increasing access to justice for low-income Texans Commission and Foundation Applaud the Legislature for Providing Legal Aid Funding

In a tremendous show of bipartisan a privilege to offer this amendment to help want to speak at funerals. I want to speak at support, the Legislature appropriated protect Texans' fundamental right to fair commencements and places we've invested $17.5 million for civil legal aid and $7.6 legal representation,” Pitts said. in folks at a bad time in their lives," she said. million for county indigent defense Rep. Will Hartnett and Rep. Jerry Madden Sen. José Rodriguez, Rep. Pete P. Gallego programs in general revenue for the were also among the many supporters and James B. Sales, Chair Emeritus of the biennieum during the recent special session. in the House. “Assuring access to basic TAJC, also spoke at the briefing in support Gov. Rick Perry signed Senate Bill 2 that legal services is a vital role of our state of funding for legal aid in Texas. included an amendment for funding civil government,” Hartnett said. “I am delighted legal services on July 19. that the House has renewed the funding of This funding mitigates the decline in this important program.” Interest on ’ Trust Accounts (IOLTA) In a historic move, the Texas Legislature funds, a primary source of funding for legal issued a joint resolution in June commending aid. IOLTA funding has declined more than the Supreme Court for its efforts to preserve 71 percent since 2007. access to justice for all Texans. “All Texans should be grateful for the actions of the Texas House and Senate in Press Conference Highlights Needs these efforts to provide access to justice Before the approval of legal aid funding for Texans who could otherwise not afford in the special session, several groups and it,” Texas Supreme Court Justice Nathan L. individuals worked on proposals and bills Hecht, the Court’s liaison for access to justice during the regular session. The Commission Texas Supreme Court recognized issues, said. “For its own integrity’s sake, the and Foundation hosted a news conference at the Senate civil justice system must be available to every in February at the Capitol to highlight the Texan victimized by domestic violence, to continued funding crisis in the Texas legal each veteran wrongly denied the benefits aid system. our country has promised, and to all families Access to justice leaders detailed how a who have paid their bills but are nevertheless legislative cut of 51 percent in funding evicted from their homes.” for legal aid would affect less fortunate Following the formal request for Texans and also outlined a legislative plan to emergency relief by the Texas Supreme help combat the issue. The rise in poverty Court, and with the leadership of Senators and historically low interest rates on IOLTA Ogden, West, Rodriguez, Hinojosa, Ellis and continues to strain available resources for Duncan, the Senate amended SB 2 on June Texans in need of civil legal services. 3 to include a provision for funding legal Crystal shared her emotional account as an Texas Legal Aid Clients Council visits legislators at the Capitol aid. example of a client who desperately needed "As a former legal aid , I am grateful help. With increasing economic pressures, that the Legislature provided the funding her husband began physically abusing her, necessary to live up to our commitment of threatening her life and her children – even ensuring that everyone, regardless of their pointing a shotgun at her face. She left her means, can access our justice system,” Sen. home with a bag, and credits the help of José Rodriguez said. legal aid through Aid to Victims of Domestic In the House, the amendment appropriating Abuse (AVDA) with saving her life. $25 million for the two programs was Jacqueline Pontello, executive director of offered by Rep. Jim Pitts, chairman of the AVDA, recalled a client that she once had to House Appropriations Committee. "It was turn away due to lack of resources, "I don't TAJC Press Conference

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909064 SBOT ATJ NL.indd 2 9/13/2011 3:57:32 PM Chair's Report By Harry M. Reasoner, Commission Chair

Two years ago, the poor – to combat human trafficking, to represent themselves in simple matters a woman was domestic violence, veterans’ homelessness when no legal representation of any kind found locked in or wrongful denial of benefits, unlawful can be had. It will also enhance the ability of the trunk of a car evictions, or other life crippling problems – the Courts to deal efficiently and fairly with in Hidalgo, Texas. are at the bedrock of our nation’s aspiration self-represented litigants. For three months, of justice for all. Pro bono legal service We are delighted she had been providers are facing devastating funding to welcome Trish sexually abused by shortfalls. Your support will give them McAllister as the her captors – but the ability to represent thousands of low- Commission’s new discovered in that income families. Executive Director. locked trunk, her legal struggles were just In order to keep the rule of law from being Before joining the beginning. T-visas, offered by the U.S. to mere rhetoric, we must strive to give as Commission in combat the human trafficking industry, many Texans as possible meaningful access February, Trish served are extremely difficult to obtain. Catholic to the legal system. With 5.7 million Texans as executive director McAllister Charities , which is supported qualified to receive free legal assistance, of Volunteer Legal by access to justice funding, took her case. legal aid can provide help to only one in five Services of Central Texas, a nonprofit After two years of legal struggle, that woman poor Texans who need legal help. There are legal aid provider in Austin. Trish’s long learned this past month that she would now simply not enough resources to meet the career in the legal services industry has receive the protections of a T-visa, safe and growing demand for legal aid. been highlighted by passion, dedication, secure with her family. The Commission is therefore supporting and great success. You can support this lifesaving work the work of the new Texas Supreme by making the suggested $150 donation Court Taskforce on Uniform Forms. The to the Access to Justice Fund through creation of standardized forms for all Texas the State Bar of Texas. Legal services for courts will enhance the ability of people

Helping Self-Represented Litigants Attain Access to the Courts The Self-Represented Litigants (SRL) across the state. The subcommittee is Committee of the Commission provides assembling a comprehensive list of self- a resource for courts and communities help centers and assessing their technical seeking to address the challenges presented assistance needs to more effectively serve by the increasing number of people litigants representing themselves. at the courthouse who cannot afford an The Assisted Self-Representation attorney. The Committee has formed six Subcommittee will work to expand the subcommittees to help communities provide availability of attorney assistance to pro tools and services to low-income litigants so se litigants. In assisted pro se projects, that they can more easily navigate the court attorneys help litigants prepare pleadings The Lubbock County Bar Association system. Save the Date and other forms, weigh options as to which and Texas Legal Services Center created a new video that prepares a pro se The EducationApril Subcommittee 26, 2011 will inform course of action to take, and help them litigant for court. It can be viewed at and educate the judiciary,Austin private bar, and prepare for hearings. www.TexasLawHelp.org. the public about self-represented litigant The Limited Scope Representation issues, and howCo-Chairs: to more effectively serve Subcommittee will promote the involvement is currently investigating rules, orders and these litigants.Joseph Clerks D. andJamail, court Jr. staff will be of private practice attorneys assisting pro standardized policies and forms created by trained how toHarriet provide Miers legal information se litigants through representation on other states. while remainingScott impartial, Rozzell maintaining discrete aspects of a case. With limited scope The Communications and Information confidential information,James B. Sales and avoiding ex representation, the litigant pays an attorney Dissemination Subcommittee will formulate parte communications. Participants will be only for the services needed, be it providing a plan of how to communicate effectively taught the critical difference between legal advice or drafting pleadings. with the judiciary, private bar, and the public advice and legal information. The Rules and Guidelines Subcommittee about the self-represented litigant issues,and The Self-Help Center and Services will be investigating model court rules, create a clearinghouse of information. Subcommittee will work towards expanding legislation, and other policies to ensure equal the quantity and quality of self-help centers access to the courts. The subcommittee

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909064 SBOT ATJ NL.indd 3 9/15/2011 10:57:18 AM Why We Support the Prime Partner Program Jon D. Levy, President-Westlake Branch of PlainsCapital Bank and Texas Access to Justice Foundation Director

C h a l l e n g i n g less fortunate members of our communities economic times often get the legal assistance they need to remain magnify the fact productive citizens. Taking care of our that tough business customers and our communities is part of decisions need to be our culture at PlainsCapital Bank and is made to ensure goals, vitally important to how we do business. collaborations and Being a Prime Partner is the right thing to solutions are realized. do, especially during tough economic times Organizations as well endured by so many in our communities.

as individuals are The State Bar of Texas Board of Directors Prime Partner Awards were presented to often defined by how they react in these demonstrated its support of the Prime Lubbock-area banks. Betty Balli Torres, situations. Banks and financial institutions Partner Program by recently adopting a TAJF Executive Director; Tom Hodges, are no different, and many of us have seen resolution urging lawyers and local bar BBVA Compass; Abel Castro, First Bank & the last months bring new challenges to organizations to support the Program. Trust; Keith Larremore, PlainsCapital; John Richardson, Security State Bank; and Justice our industry as we battle a slow economic The Legal Services to Poor in Civil Matters Phil Johnson. recovery. One way PlainsCapital Bank is Committee of the Bar has been instrumental continuing to serve as a trusted partner in in this effort and in communicating the leaving. A list of Prime Partner banks can be the community is through our support of ways lawyers are called upon to support the found at www.teajf.org. legal services in the Texas Access to Justice program. 3. Talk to your colleagues about the Prime Foundation’s Interest on Lawyers' Trust Consider what you can do to help: Partner Program and the need for increased Accounts (IOLTA) Prime Partner Program. 1. Ask your bank to become a Prime funding for civil legal aid in Texas. At a time when interest rates remain at Partner. This is an extremely important program historically low levels, more than 80 Texas 2. If your bank chooses not to become a for our communities; and with your help, we banks and financial institutions have chosen Prime Partner, move your money to a Prime can expand our base of support and inspire to pay one percent on IOLTAs to help the Partner bank and tell your bank why you are opportunities throughout the state.

THANK YOU TO OUR GENEROUS SPONSORS! CHAMPIONS

CONSTRUCTION LAW SECTION

and Charles W. Matthews

Jamail & Kolius

BENEFACTOR King & Spalding LLP PATRONS

Apache Corporation Gardere Wynne Sewell LLP Shell Oil Company Baker Hughes Incorporated Graves, Dougherty, Hearon & Moody, P.C. Temple-Inland, Inc. Beck, Redden & Secrest, L.L.P. Halliburton Thompson & Knight LLP CenterPoint Energy, Inc. Haynes and Boone, LLP Winstead PC The Texas Access to Justice Foundation, in conjunction with the Frank L. Branson, P.C. The Krist Foundation Winston & Strawn LLP Provost Umphrey Law Firm, L.L.P. Commission and State Bar of Texas, honored U.S. Senator John FRIENDS Cornyn with the prestigious Harold F. Kleinman Award, June 24, Abraham, Watkins, Nichols, Sorrels, Brown McCarroll, L.L.P. Scott, Douglass & McConnico, L.L.P. Agosto & Friend ConocoPhillips Sedgwick, Detert, Moran & Arnold LLP ACC and Dell Inc. Consumer and Commercial Law Section, SBOT South Texas College of Law during the State Bar of Texas Annual Meeting in San Antonio. The Law Office of Chad Baruch EOG Resources, Inc. Strasburger & Price, LLP Beirne, Maynard & Parsons, L.L.P. Evans Edwards, L.L.P. Susman Godfrey L.L.P. Justice Hecht presented the award to Sen. Cornyn for his efforts Blue Cross Blue Shield Gibbs & Bruns L.L.P. Tate, Moerer & King, L.L.P. Bracewell & Giuliani LLP McGinnis, Lochridge & Kilgore, L.L.P. Whitehurst, Harkness, Brees & Cheng, P.C. in protecting the federal insurance coverage on IOLTA, thereby We would like to extend our appreciation to the U.S. Marine Corps Color Guard – San Antonio preserving legal services funding for those who otherwise would Recruiting Station, the State Bar Military Law Section for the display of military flags, Harry M. Reasoner for sponsorship of the Gala banners, and the State Bar of Texas for underwriting the event. have no access to our justice system. Pictured left-right: Justice Hecht, Darrell Jordan, Chief Justice Wallace Jefferson, Betty Balli Torres, Sen. Cornyn, and Richard L. “Dick” Tate.

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909064 SBOT ATJ NL.indd 4 9/13/2011 3:57:37 PM State Bar of Texas NONPROFIT Texas Access to Justice Commission ORGANIZATION U.S. POSTAGE P.O. Box 12487 Austin, Texas 78711-2487 PAID 800.204.2222, ext. 1855 PERMIT NO. 1804 AUSTIN, TEXAS

Commission Members and Staff Texas LSC-Funded Programs' Budgets Are Cut Harry M. Reasoner, Chair, Houston Hon. Georgina M. Benavides, Edinburg Hon. Alfred H. Bennett, Houston Much like other legal aid funding, federal funding for legal aid in Texas. Michelle Mei-Hsue Cheng, Austin Beverly B. Godbey, funding for civil legal services is also in A team of leaders with the Texas David Hall, Weslaco jeopardy. Congress approved a cut of $15.8 Supreme Court, State Bar, Commission Clint A. Harbour, Austin million for the Legal Services Corporation and Foundation meet annually with the Hon. Nathan L. Hecht, Austin Hon. Katherine "Katie" Kennedy, Houston (LSC) in April, retroactive to the beginning Texas Congressional Delegation during an Cristy Keul, Tyler of 2011. Out of the budget cut, more than American Bar Association-sponsored event Scott E. Rozzell, Houston Randall O. “Randy” Sorrels, Houston $1.3 million in funds were eliminated for in Washington, D.C. During this year’s Richard L. “Dick” Tate, Richmond Texas legal aid providers. meeting, attention focused primarily on the Ike Vanden Eykel, Dallas Marc E. Vockell, Round Rock Three Texas legal aid organizations funding issues facing both the national and Hon. Rodney Glenn Ellis, Austin receive LSC funding, including: Legal Aid of state legislatures and its effect on the legal B. Keith Ingram, Austin Hon. Aaron Peña, Edinburg NorthWest Texas, Lone Star Legal Aid, and aid delivery system as a whole. James B. Sales, Chair Emeritus, Houston

Texas RioGrande Legal Aid. Some programs Congress established the LSC in 1974 have already begun staff lay offs. These as an independent 501(c)(3) nonprofit Staff organizations cover the entire state and are corporation to promote equal access to Trish McAllister, Executive Director Kimberly Schmitt, Communications Manager the largest providers of basic civil legal aid justice and provide high-quality civil legal in Texas. assistance to low-income individuals and In July, the House Appropriations families. LSC-funded programs assist Committee proposed a 26 percent cut in approximately eight million Americans fiscal year 2012, totaling $104 million. This annually. CONNECT WITH US would lessen the funding for Texas by an additional $8.4 million at a time when the 800-204-2222, ext. 1855 state can ill afford it. [email protected] www.texasatj.org Legal Services Corporation funding www.teajf.org accounts for nearly one-third of the total

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