Children’s Commission® SUPREME COURT OF TEXAS PERMANENT JUDICIAL COMMISSION FOR CHILDREN, YOUTH AND FAMILIES TRIAL SKILLS TRAINING STUDENT NOTEBOOK DEVELOPED BY THE CHILDREN’S COMMISSION SPRING 2021 CHILDREN’S COMMISSION The Children’s Commission was created by order of the Supreme Court of Texas in 2007 to help improve the judicial handling of child protection cases through improvements in judicial practice; child welfare policy and legislation; technology; training; and court improvement pilot projects. Chaired by Supreme Court Justice Eva Guzman, Children’s Commission membership includes officials from DFPS and CPS, non-profit foundation and state bar leaders, private attorneys, legislators, judges, and other leaders in child protection. The Children’s Commission also consults with an advisory group that represents the many and varied disciplines involved in the child welfare system. The Commission’s mission is to strengthen courts for children, youth and families in the Texas child protection system and thereby improve the safety, permanency, and well-being of children. HONORABLE EVA GUZMAN, CHAIR, CHILDREN’S COMMISSION Justice Eva Guzman has been a member of the Supreme Court of Texas since October, 2009. Before serving on the Supreme Court, Justice Guzman served as an Associate Justice on the Houston-based Texas Fourteenth Court of Appeals, having been appointed in 2001 by Gov. Rick Perry. She also served as a trial court judge on the 309th Family District Court after her appointment by then-Gov. George W. Bush. Justice Guzman has been recognized by many law and community organizations for her service on and off the bench. She is the Chair of the Supreme Court Permanent Judicial Commission for Children, Youth and Families and has served in that capacity since June, 2010. CHILDREN’S COMMISSION STAFF Jamie Bernstein Aimee Corbin Andrea Vicencio Executive Director Staff Attorney Program Specialist [email protected] [email protected] [email protected] Milbrey Raney Jessica Arguijo Tiffany Edwards Assistant Director Communications Manager Executive Assistant [email protected] [email protected] [email protected] Dylan Moench Monica Mahoney Chelsea Martinez Legal Representation Director Program Specialist Executive Assistant [email protected] [email protected] [email protected] Jocelyn Fowler Patrick Passmore Staff Attorney Grant and Finance Specialist [email protected] [email protected] Renée Castillo-De La Cruz Willette Sedwick Staff Attorney Accountant [email protected] [email protected] ACKNOWLEDGEMENTS The Trial Skills Workgroup and the Children’s Commission Staff would like to recognize the leadership and support of Justice Eva Guzman, Chair of the Children’s Commission, and Justice Michael Massengale, former Chair of the Commission’s Training Committee and current Senior Judicial Advisor to the Commission. Under their guidance, the Trial Skills Training has grown from a concept to a reality which will serve to improve the caliber of legal services to Texas’ children and families. We are grateful for their leadership. The Commission would also like to express our gratitude to Judge Piper McCraw, our Training Committee Chair, and thank her for her support and enthusiasm for the Trial Skills Training. The Commission would also like to thank the following contributing authors and editors who collaborated to produce this Trial Skills Training: Tina Amberboy Peter T. Hoffman Leigh Mathews Rodriguez Judge Karin E. Bonicoro Patrick Howard Tiffany Roper Judge Gary Coley Pamela Kemp Judge Robin Sage Glenna Cordray Lori Kennedy Leslie Strauch Alice Emerson Doug Lowe Mauro Valdez Anna Saldaña Ford Jackie Sparks Martin Elizabeth Watkins Rob Galvin Mary V. Mitchell Trevor Woodruff Joanna Guerrero Amanda Molina- Martinez LaRu Woody David Halpern Dr. Sandeep Narang Tracy Harting The Commission would also like to express its gratitude to Texas CASA and National CASA for providing the initial Harris- Price fact pattern, which formed the basis of this Case Scenario. Additionally, the Commission would like to thank Hedy Bower, Professional Development Director, and the staff at TexasBarCLE for generously donating their time and resources to taping, archiving, and promoting CPS-related webinars. The Bar’s partnership with the Commission on the related webcasts “Trial Skills in the CPS Case” in 2017 and “Moving from Ordinary to Extraordinary Representation in CPS Cases” in 2015 was especially helpful in providing accessible and affordable CLE to all Texas attorneys in the CPS courtroom. Also, the Commission would like to thank Judge Camile DuBose, who oversaw this project from its beginning during her service to the Children’s Commission as the Training Committee Chair. © The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families Finally, the Commission would like to thank the founding members of the Trial Skills Training Faculty, whose generous commitment of time and ideas helped to develop the core curriculum of the program: Justice Michael Massengale Judge Karin Bonicoro Judge Gary Coley Jr. Rob Galvin David Halpern Tracy Harting Doug Lowe Jackie Sparks Martin Sandeep Narang, MD JD Judge Robin Sage Leslie Strauch Elizabeth Watkins Trevor Woodruff © The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families WELCOME Dear Trial Skills Training Participants, I want to extend my gratitude on behalf of the Supreme Court of Texas Children’s Commission for your willingness to participate in the Children’s Commission Trial Skills Training program to improve your legal representation skills, both inside and outside of the courtroom. Child welfare is one of the most important areas of law to our society and sense of justice. The right to family integrity is recognized as a constitutional substantive due process right under the Fourteenth Amendment, but it must be balanced with the state’s right and duty to protect children and youth when their health, safety, and well-being are jeopardized. When a family is involved in a child welfare proceeding, quality legal representation for all parties is absolutely essential to ensure that the court strikes the appropriate balance between the rights and duties of all parties involved. A prepared and well-informed state’s attorney can be instrumental in charting a legal course to help ensure a safe, speedy, and permanent placement for a child. A well-trained parent’s attorney can provide their client with information, guidance, and assistance to help them reunify with their children or identify a safe and suitable home with a relative. A zealous and educated child’s attorney can mean the difference between a child languishing in foster care or finding a permanent home before turning eighteen. While it is possible for attorneys to obtain a basic comprehension of the issues a client may be facing, it is more difficult to accumulate trial skills in this practice area. In 2013, the Children’s Commission created a hands-on training to assist all attorneys working on the CPS docket. This modified version of the Trial Skills Training will be presented under the exceptional leadership of our Training Committee Chair, Judge Piper McCraw, and in partnership with our experienced and knowledgeable faculty. These are uncertain times, but the need for quality representation for Texas children and families remains unwavering. Thank you for the time and talent you are dedicating to this training. The Children’s Commission truly appreciates your commitment to improving the delivery of legal services to the children and families involved in child welfare proceedings across Texas. Sincerely, Jamie Bernstein Executive Director, Children’s Commission TABLE OF CONTENTS AGENDA Agenda 1-5 DIRECTORIES Training Committee Chair and Faculty Directory 6-8 Faculty Biographies 9-13 Participant Directory 14 Witnesses 15 Special Guests 16 TRIAL SKILLS TRAINING Pretrial Training: January 27, 2021 SCHEDULE OF EVENTS Wednesday, January 27, 2021 2:00 p.m. -2:15 p.m. Welcoming Remarks & Review of Program - Judge Piper McCraw, Milbrey Raney, and Renée Castillo 2:15 p.m. – 2:30 p.m. Introductions of Participants, Faculty, and Commission Staff–TST Faculty 2:30 p.m. – 3:00 p.m. Case Strategy Sessions: Brainstorming about Good and Bad Facts, Choosing your Best Theme and Theory (2 Breakout Groups) –Rob Galvin and Michele Surratt 3:00 p.m. – 3:15 p.m. Break 3:15 p.m. -4:00 p.m. Laying Your Evidentiary Foundation Lecture and Discussion - Judge Piper McCraw, Michele Surratt 4:00 p.m. -5:00 p.m. Making and Responding to Objections in the CPS Case and Preserving Your Appellate Record Lecture, Demo, and Discussion- Mark Zuniga, Jack Sigman 5:00 p.m. - 5:05 p.m. Closing Remarks and Evaluations - Judge Piper McCraw and Renée Castillo 1 TRIAL SKILLS TRAINING SCHEDULE OF EVENTS Wednesday, February 3, 2021 9:00 a.m.- 9:10 a.m. Morning Announcements and Introduction of Witnesses - Judge Piper McCraw and Renée Castillo 9:10 a.m.-9:40 a.m. Crafting your Opening Statement in a CPS Case Lecture and Discussion – Judge Gary Coley and David Halpern 9:40 a.m.-10:00 a.m. Case Strategy Sessions: Preparing for Opening Statement (3 Breakout Groups) –TST Faculty 10:00 a.m.-11:00 a.m. *Practice Sessions: Opening Statement (3 Breakout Groups) –TST Faculty 11:00 a.m.- 11:15 a.m. Plenary: Screen Actor Tips: Best Practices for Virtual Lawyering in CPS Cases –TST Faculty 11:15 a.m. -11:45 a.m. Conducting a Successful Direct Examination Lecture, Demo, and Discussion – Elizabeth Watkins 11:45 a.m.-12:15 p.m. Lunch Break 12:15 p.m.-12:35 p.m. Case Strategy Sessions: Preparing for Direct Examination in a CPS Case (3 Breakout Groups) –TST Faculty 12:35 p.m.-1:35 p.m. *Practice Sessions: Direct Examination of Caseworker and Kathy Price (3 Breakout Groups) –TST Faculty 1:35 p.m.-2:05 p.m. Conducting a Successful Cross Examination in a CPS Case Lecture, Demo, and Discussion – Judge Charles Griffin 2:05 p.m.-2:35 p.m.