www.elpasobar.com April / May 2009 ȱȱ Ȃȱ ȱȬ¢ȱȱȱ ȱŜ ȱ ¢ȱ DZȱќяȱ ќѦȱȱȦȱȱŗŜ Three Sides of the Same Moon, by ȱ ǯȱ¢ȱȦȱȱŗŞ ѝџіљȱȦȱюѦȱŘŖŖş W. Reed Leverton, P.C. $WWRUQH\DW/DZ0HGLDWRU$UELWUDWRU $OWHUQDWLYH'LVSXWH5HVROXWLRQ6HUYLFHV 300 EAST MAIN, SUITE 1240 EL PASO, TEXAS 79901 (915) 533-2377 - FAX: 533-2376 on-line calendar at: www.reedleverton.com ([SHULHQFH Licensed Texas Attorney; Former District Judge; Over 900 Mediations &RPPLWPHQWWR$'53URFHVVHVFull-Time Mediator / Arbitrator &RPPLWPHQWWR3URIHVVLRQDOLVPLL.M. in Dispute Resolution Your mediation referrals are always appreciated. Ready to get it done? HARDIEMEDIATION.COM See our website calendar and booking system Bill Hardie ѝџіљȱȦȱюѦȱŘŖŖş 3 THE PRESIDENT’S PAGE The probability that we may fail in the struggle ought not to deter us from the support of a cause we believe to be just. State Bar of Texas Award of Merit ABRAHAM LINCOLN 1996 – 1997 – 1998 – 1999 2000 – 2001 – 2006 n May 1st, the legal community will celebrate Law Day, a day created Star of Achievement 2000 - 2008 State Bar of Texas to strengthen our great heritage of liberty, justice, and equality under the Best Overall Newsletter – 2003, 2007 Publication Achievement Award law. This year’s theme is A Legacy of Liberty—Celebrating Lincoln’s 2003 – 2005 – 2006 – 2007 – 2008 Bicentennial. Abraham Lincoln is widely regarded as one of this country’s NABE – LexisNexis Community & Educational Outreach Award 2007 O greatest presidents, for both his eloquence and his inspiring leadership. As we celebrate &RUL+DUERXUPresident this distinguished lawyer and president, let us not forget that the battle for justice is just as &DUORV&DUGHQDVPresident-Elect &KDQWHO&UHZVVice President important today. The economic downturn has had a negative impact on many industries %UXFH.RHKOHUTreasurer and unfortunately, the legal community is not immune. The number of low-income Texans -XGJH0DULD6DODV-0HQGR]D, Secretary -XGJH5REHUW$QFKRQGR, LQQHHGRIIUHHRUUHGXFHGUDWHOHJDOVHUYLFHVKDVVLJQL¿FDQWO\LQFUHDVHGZKLOHDWWKHVDPH ImmediatePast President %RDUG0HPEHUV time, a drop in interest rates has impacted IOLTA funds, the ma- Stephanie Townsend Allala jor source of funding for such services. This drop in funding has Robert Belk Judge Oscar Gabaldon created a “crisis of epic proportions” for programs that provide Joseph Strelitz legal aid to the poor according to Chief Justice Wallace Jefferson. Ann Ward Regina Arditti In 2007, a special fund provided Texas legal aid agencies with Gerald Howard Walker Crowson $20 million to support services for people at or below the federal Anna Perez poverty line. This year, the fund is projected to plummet to $1.5 Jaime Sanchez Francisco Dominguez million, Jefferson said. That will force some legal aid programs Cheryl Lay Judge Tom Spieczny to greatly scale back services, and other programs may close, said Diana Valdez Betty Balli Torres, executive director of the Texas Access to Justice Donald Williams EX-OFFICIO Foundation, which distributes the money. Jim Sales, who in the -HDQQH³&H]\´&ROOLQV early 1980s helped create a volunteer legal services program for the working poor and a SBOT Director, District 17 +HFWRU%HOWUDQ foundation to support it and now heads the Texas Access to Justice Commission (“TAJC”) TYLA Director, District 14 said, “for any citizen to be denied access to the justice system renders meaningless—at EXECUTIVE DIRECTOR Nancy Gallego least to them—the whole concept of the rule of law of society.” To address this issue, the [email protected] EPBA Board of Directors unanimously adopted a Resolution Supporting Funding For CLINTON CROSS, Editor JUDGE OSCAR GABALDON, Asst. Editor Civil Legal Aid In Texas (see page 15). The Resolution supports TAJC’s request for $37 DONNA SNYDER, Asst. Editor NANCY GALLEGO, Asst. Editor million from general revenue and requests such funds be allocated to bridge this loss of IOLTA funding. The Resolution was sent to the El Paso legislative delegation, as well “The El Paso Bar Journal is a bi-monthly publication of the El Paso Bar Association. Articles, notices, suggestions as to the Chairs and Vice-Chairs of the Senate Committee on Finance, the House Appro- and/or comments should be sent to the attention of Nancy priations Committee, the Select Committee on Federal Economic Stabilization Funding, Gallego. All submissions must be received by the Bar RI¿FHRQRUEHIRUHWKHWKGD\RIWKHPRQWKSUHFHGLQJ and the Appropriations Stimulus Subcommittee. I encourage each of you to contact your SXEOLFDWLRQ&DOHQGDUOLVWLQJVFODVVL¿HGDGVGLVSOD\ ads, and feature articles should not be considered an Legislators to express support for this funding. We owe it to the less fortunate among us endorsement of any service, product, program, seminar to be their voice during this time of need. RUHYHQW3OHDVHFRQWDFWWKH%DURI¿FHIRUDGUDWHV$U- ticles published in the Bar Journal do not necessarily UHÀHFWWKHRSLQLRQVRIWKH(O3DVR%DU$VVRFLDWLRQ LWV2I¿FHUVRUWKH%RDUGRI'LUHFWRUV7KH(O3DVR Bar Association does not endorse candidates for You can read the Resolution Supporting Funding SROLWLFDORI¿FH$QDUWLFOHLQWKH%DU-RXUQDOLVQRW for Civil Legal Aid in TexasRQSDJH and should never be construed to be, an endorsement RIDSHUVRQIRUSROLWLFDORI¿FH´ ѝџіљȱȦȱюѦȱŘŖŖş 4 E L PASO B AR A SSOCIATION $SULO%DU/XQFKHRQ Tuesday, April 14, 2009 (O3DVR&OXE201 E. Main, 18th Floor, Chase Bank $20 per person. 12:00 Noon We will have a panel discussion on the Speciality Courts in El Paso County 3OHDVHPDNH\RXUUHVHUYDWLRQVE\0RQGD\$SULODWQRRQE\FDOOLQJ 1DQF\DWRUYLDHPDLODWQDQF\#HOSDVREDUFRP ȱȱ may- april 2009 $SULO 7KXUVGD\$SULO 6DWXUGD\0D\ )ULGD\$SULO EPYLA Happy Hour /DZ'D\'LQQHUDQG$ZDUGV3UHVHQWDWLRQ MABA General Meeting :HGQHVGD\$SULO 6XQGD\0D\ 7XHVGD\$SULO $GPLQLVWUDWLYH3URIHVVLRQDO¶V'D\ 0RWKHU¶V'D\ (3%$%2'0HHWLQJ 7KXUVGD\$SULO 7XHVGD\0D\ :HGQHVGD\$SULO EPPA Monthly Meeting EPBA Monthly Luncheon EPWBA Monthly Meeting 6DWXUGD\$SULO 6DWXUGD\0D\ )ULGD\$SULO (3</$)DPLO\'D\3LFQLF $UPHG)RUFHV'D\ (3%$ &RXQW\2I¿FH&ORVHG± :HGQHVGD\0D\ Good Friday 0D\ EPWBA Positive Role Model Graduation 6XQGD\$SULO )ULGD\0D\ :HGQHVGD\0D\ Easter Sunday MABA General Meeting TRLA Legal Clinic 7XHVGD\$SULO 7XHVGD\0D\ 7KXUVGD\0D\ EPBA Monthly Luncheon Cinco de Mayo EPPA Monthly Luncheon :HGQHVGD\$SULO 7XHVGD\0D\ 0RQGD\0D\ EPWBA Anti-Hunger Program Begins (3%$%2'0HHWLQJ EPBA and County Courthouse :HGQHVGD\$SULO 6DWXUGD\0D\ &ORVHG±0HPRULDO'D\ TRLA Legal Clinic /DZ'D\&KHVV7RXUQDPHQW 6DWXUGD\0D\ 7KXUVGD\$SULO 6DWXUGD\0D\ EPWBA Charity Bash EPYLA Monthly Meeting EPYLA Golf Tournament PLEASE NOTE: Please check the Journal for all the details regarding all above listed events. If your club, organization, section or committee would like to put a notice or an announcement in the Bar Journal for your upcoming event or function for the months of June, 2009, please have the infor- PDWLRQWRWKH%DU$VVRFLDWLRQRI¿FHE\7XHVGD\0D\,QRUGHUWRSXEOLVK\RXULQIRUPDWLRQZHPXVWKDYHLWLQZULWLQJ:(:,//0$.(12 EXCEPTIONS. We also reserve the right to make any editorial changes as we deem necessary. Please note that there is no charge for this service: ID[QDQF\#HOSDVREDUFRPHPDLO,IZHGRQRWUHFHLYH\RXULQIRUPDWLRQE\WKHVSHFL¿HGGDWHSOHDVHQRWHWKDWZH may try to remind you, but putting this journal together every month is a very big task and we may not have the time to remind you. So please don’t miss out on the opportunity to have your event announced. ѝџіљȱȦȱюѦȱŘŖŖş 5 0D\%DU/XQFKHRQ Tuesday, May 12, 2009 (O3DVR&OXE201 E. Main, 18th Floor, Chase Bank $20 per person. 12:00 Noon Guest Speaker will be Hall of Fame Coach, and Native El Pasoan, Nolan Richardson. 3OHDVHPDNH\RXUUHVHUYDWLRQVE\0RQGD\0D\DWQRRQE\FDOOLQJ 1DQF\DWRUYLDHPDLODWQDQF\#HOSDVREDUFRP Nolan Richardson’s Bio El Paso Charities Supported Born – 12/27/41, raised in El Paso, Texas by grandparents who were By Nolan Richardson’s themselves the children of slaves. Annual Golf Tournament Attended the segregated Douglas School until Brown v. Board of (GXFDWLRQDOORZHGKLPWREHFRPHWKH¿UVW$IULFDQ$PHULFDQVWXGHQW at Bowie High School. The Ronald McDonald House which accommodates Good student and outstanding football, basketball, baseball and IDPLOLHVZKRVHFKLOGUHQDUHLQORFDOKRVSLWDOV¿JKWLQJIRU their young lives. track athlete at Bowie; was not allowed to stay with the rest of the The San Martín de Porras House of Hope with their BHS baseball team at a segregated hotel in Abilene for regional educational programs that teach unwed teenage mothers tournament. how to make better lives for themselves and their babies As a UTEP sophomore (the season before Haskins arrived), despite so that they will have a chance at a bright future and leading the team in scoring and rebounding, was not allowed to travel escape the trap of the welfare system. to a 3-game tournament at Centenary College in Louisiana because The Yvonne Richardson, Mark Haskins, Bobby Joe Hill, Louisiana schools would not even allow blacks to compete against Jim Barnes, and Thelma White Scholarship Foundations, their teams. including The Hispanic Chamber of Commerce Education After completing his basketball eligibility, he played baseball his )RXQGDWLRQLQUDLVLQJPRQH\WRHDVH¿QDQFLDOEXUGHQV VHQLRU\HDU 87(3¶V¿UVWVHDVRQRIKDYLQJWKHVSRUW DQGKLWZLWK so that more students will get an opportunity to further 10 home runs and was among the NCAA leaders in RBIs. their education. The Advocacy Center which helps abused children. Drafted by Houston Colts 45’s (MLB), Dallas Chaparrals (ABA), The Amigo Kidney Fund with their Bus and Lift Fund. and San Diego Chargers (NFL). Spent 2 years with Chargers, before This fund provides assistance