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 Texas 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 Lawyers’ 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 lawyer, 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 SPTEMBERE 2 0 11 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 San Antonio, 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 SPTEMBERE 2 0 11 | p . 2 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.