supreme court report - june 2013

57

Upload: texas-access-to-justice-commission

Post on 03-Apr-2016

220 views

Category:

Documents


2 download

DESCRIPTION

 

TRANSCRIPT

Page 1: Supreme Court Report - June 2013
Page 2: Supreme Court Report - June 2013
Page 3: Supreme Court Report - June 2013
Page 4: Supreme Court Report - June 2013
Page 5: Supreme Court Report - June 2013
Page 6: Supreme Court Report - June 2013
Page 7: Supreme Court Report - June 2013
Page 8: Supreme Court Report - June 2013
Page 9: Supreme Court Report - June 2013
Page 10: Supreme Court Report - June 2013
Page 11: Supreme Court Report - June 2013
Page 12: Supreme Court Report - June 2013
Page 13: Supreme Court Report - June 2013
Page 14: Supreme Court Report - June 2013
Page 15: Supreme Court Report - June 2013
Page 16: Supreme Court Report - June 2013
Page 17: Supreme Court Report - June 2013
Page 18: Supreme Court Report - June 2013
Page 19: Supreme Court Report - June 2013
Page 20: Supreme Court Report - June 2013
Page 21: Supreme Court Report - June 2013
Page 22: Supreme Court Report - June 2013

Pro Bono Spring Break Region Project Details

Exhibit A

RegionSchools

AttendingMain Project Coordinator Supervising Faculty/Staff School Contacts Project Topics/Info Other events

Abilene-LANWT

Texas Tech and Texas Wesleyan

Shelby [email protected] Director of Pro Bono/Bar Relations/Communications817.339.5330 (direct)

Ashley Whithers (Tech)[email protected](806) 742-3990, ext. 232

Rosalind Jeffers (Wesleyan)[email protected](817) 212-4020I suggest contacting Rosalind to interview as she is Asst. Dean of Student Affairs & practiced before TWU)

Same

1) Pro Se groups – Students will assist pro se litigants, including reviewing pleadings. Students with a 3L bar card will assist with prove-ups at the uncontested docket. 2) Senior group – Students will conduct community education and outreach to senior centers. 3) Rural group – Students will do outreach and conduct clinics in the rural portions of LANWT’s Abilene service area. These areas often are not served with direct visits from legal aid.

March 10th- Students will have a meet and greet with each other and LANWT attnys in second floor seating area of hotel, MCM Elegante, 4250 Ridgemont Drive, Abilene, 79606 at 4:00pm.

March 11th- I believe the plan is to have the students watch LANWT attorney, John Kennedy's, trial on Monday

March 11th from 5:30 to 7:00pm: Tech Alumni will host a reception for their students at the house of an alumnus and I believe the Dean will attend

jcortez
Typewritten Text
Exhibit A
Page 23: Supreme Court Report - June 2013

Pro Bono Spring Break Region Project Details

Exhibit A

RegionSchools

AttendingMain Project Coordinator Supervising Faculty/Staff School Contacts Project Topics/Info Other events

Corpus Christi-TRLA

Baylor, St. Mary's and UT

Tracy [email protected]

Meg Clifford (UT)[email protected]

Jessica Sprague (St. Mary's, Sun to Wed)[email protected]

Adriane Meneses (St. Mary's, Wed to Fri)[email protected]

Stephen Rispoli (Baylor)[email protected](254) 710-3331

Amanda Rivas (St. Mary's)[email protected](210) 431-5712

Tina Fernandez (UT)[email protected](512) 232-6170Elena Yujuico (Tina's asst)[email protected] Clifford

1) Elder Law group – Students will deliver presentations on wills and pre-need documents at senior and community centers. Students will also interview applicants and to prepare simple wills and pre-need documents for eligible individuals.

March 11th- Students will start out at the TRLA office located int the Corpus Christi courthouse, 901 Leopard, Suite 105, Corpus Christi, Texas 78401, at 8 a.m.; Staff will break them up into two groups at that point

March 13th- St. Mary's Alumni will be hosting a reception for their students

Page 24: Supreme Court Report - June 2013

Pro Bono Spring Break Region Project Details

Exhibit A

RegionSchools

AttendingMain Project Coordinator Supervising Faculty/Staff School Contacts Project Topics/Info Other events

East Texas-LSLA

Baylor, SMU, South Texas College of Law, & Thurgood Marshall

Dana [email protected] ext1522

Stephen Rispoli (Baylor)[email protected](254) 710-3331

Rebecca Greenan (SMU)[email protected](214) 768-2567I suggest contacing Rebecca to interview as she is the Director of Public Service Program and practiced family law before; she is also very involved with DVAP and on the LANWT Board.

Stephen Rispoli (Baylor)[email protected](254) 710-3331

Rebecca Greenan (SMU)[email protected](214) 768-2567

Gladys Radetti (STCL)[email protected]

Andreaus Boise-Fontenot(Thurgood Marshall)[email protected](713) 313-1014

1) The Montgomery County Court’s Self-Help Center: will be assisting pro se litigants with pleadings and assist the reference attorney at the uncontested docket. Sarah Williams is the project site coordinator, [email protected]) Montgomery County Women’s Center: outreach and education to victims of domestic violence. Sarah Loeffler is the project site coordinator, (936) 441-4044 and her email is [email protected]) Polk County Judical Center: working with LoneStar Legal Aid to build upon a brand new pro se project. The address is 101 W. Mill St, Ste. 157, Livingston, TX 77351. LSLA Attorneys Dana Bias & Sonia Lopez are project site coordinators.

March 11th- Students already have their week's assignment and will go to their desginated project site at 9:00am

Page 25: Supreme Court Report - June 2013
Page 26: Supreme Court Report - June 2013

Exhibit B

2013 Pro Bono Spring Break Project Breakdown

Abilene

• Viewed several court proceedings, including a voir dire process- which most students had never seen. Spoke with a County Judge about court process and pro se litigants

• Traveled to more rural locations to do outreach at rec centers and senior centers on topics such as landlord-tenant law and probate.

• Sat in or conducted client interviews for cases • 3Ls prepared clients and conducted uncontested divorce prove ups in court • Participated in LANWT staffing meeting and were able to give their input on taking certain cases

Corpus Christi

• Traveled to senior centers and conducted client intakes for will draw ups • Entered client intake information into TRLA database and wrote wills for clients. • Went over wills with clients to ensure correct information and made any corrections needed • Conducted will execution ceremonies for clients

East Texas Montgomery County Self Help Center

• Helped pro se litigants seeking divorces • Provided legal guidance on how to proceed with their divorce matter

Montgomery County Women’s Center

• Assisted victims of domestic abuse with future-planning documents such as Power-of-Attorney and Declaration-of-Guardianship

• Conducted a presentation for clients on Texas Probate Law and the importance of future-planning documents

Polk County Judicial Center Self-Help Center

• Helped clients in the newly instituted self-help center • Reviewed Petitions, Drafted final divorce decrees and conducted prove ups in court • Presented to a small group on final divorce decrees • Received mentoring from the County Judge and viewed court proceedings

Page 27: Supreme Court Report - June 2013
Page 28: Supreme Court Report - June 2013

Gage Fender March 30, 2013 Location: East Texas

Being of Service to Others My experience with the Texas Access to Justice Commission’s Pro Bono Spring Break was both educational and moving. I was assigned to the Montgomery County Women’s Center, and worked under Equal Justice Works Fellow Sarah Loeffler. My team and I assisted about eight clients with future-planning documents such as Power-of-Attorney and Declaration-of-Guardianship. We first self-administered a crash course in the meaning and requirements of these documents before meeting with the women to help explain the documents purpose and importance. After our explanations, the women told us what their desires would be should catastrophic events take place in the future; we carefully noted their wishes, and drafted the documents accordingly. We concluded this project by presenting the completed forms to the women for signing. I say my experience with Pro Bono Spring Break was educational because, well, I knew nothing practical about Power-of-Attorney or Declaration-of-Guardianship before undertaking the project at the Women’s Shelter. I have long believed that the best way to truly master complex theories of law is through practical application, and my time at the Women’s Shelter reinforced this belief. But, more importantly, I say my experience was moving because I was able to get outside myself for a brief moment and be of service to others. The clients of the Montgomery County Women’s Center have all gone through traumatic experiences and are now in the process of rebuilding their lives. In interviewing them in preparation for drafting the future-planning documents, I was able to hear their stories and come to some kind of appreciation of what they have been through and survived. So much of law school is ego-centric and fueled by individualistic competiveness: three years of curve-graded exams, interviews, internships, all under the ever present need to hustle and out-compete. In such an environment, it’s easy to forget that there is a world outside the library window that’s bigger than where I’ll be at graduation. Being of service to others reminds me of this, and by assisting the women of the Center I returned to some basic concepts of human decency and compassion that I had momentarily pushed to the background. In addition to assisting in future-planning, my team members and I gave a brief presentation on Texas Probate Law and the importance of the above mentioned future-planning documents. This was an unique experience for me, because it gave me a new appreciation for the skills I’ve been acquiring through law school. Again, instead of absorbing knowledge for some purely ends based reason, such as passing a test or impressing a firm partner, I learned about these areas of the law to potentially help others. I found this to be eminently satisfying. Whatever the women ultimately took away from the presentation, and I do hope they learned something practical and implementable, I felt as though I was using my lawyerly abilities for a good purpose. This inspired in me the ambition to incorporate this type of service work into my life in the coming years.

jcortez
Typewritten Text
Exhibit C
Page 29: Supreme Court Report - June 2013

I am very happy that I was able to be part of the Pro Bono Spring Break program. The experience gave me an appreciation for the nobility of public-interest work, as well as personal insight into the lives of people who have experienced real misfortune. As I’ve already mentioned, I would like to continue to use my newfound skills by being of service to others. I would highly recommend the Pro Bono program to other law students looking to expand their horizons and add meaning to their law school endeavors.

Page 30: Supreme Court Report - June 2013
Page 31: Supreme Court Report - June 2013

STATE BAR of TEXAS

LAW STUDENT PRO BONO COLLEGE Requirements for Admission into the Pro Bono College:

1. Be a student enrolled in a Texas law school and be in good academic standing; 2. Complete at least 50 hours of pro bono work per year (September 1 – August 31); and 3. Complete an application documenting all hours performed.

Pro Bono Work Defined:

1. The services must be law-related and be provided free of any charge to: a. A person who qualifies as indigent under the federal poverty income guidelines; b. Charitable, public interest organizations with respect to matters or projects designed

predominantly to address the needs of poor persons; or c. The State Bar or any other body or organization in furtherance of the rights of indigent

persons. 2. With the exception of travel time, any time spent working on the pro bono projects counts,

including training sessions and research for the project. 3. Pro bono work does not qualify if it:

a. Resulted in monetary compensation to the student above and beyond reimbursement for expenses incurred in the delivery of pro bono services;

b. Was performed as part of a course or other activity for which the student received any academic credit; or

c. Was performed in connection with fundraising activities. Benefits of Pro Bono College Membership:

Bronze Membership: (1st year of Membership) 1. Certificate signed by the State Bar President and Chief Justice of the Texas Supreme Court; 2. Recognition in the program for the New Lawyer Induction Ceremony; and 3. Pro Bono College pin.

Silver Membership: (2nd year of Membership)

1. The Bronze perks plus 1 year of access to TexasBarCLE Online Library after graduation.

Gold Membership: (3rd year of Membership) 1. Silver perks plus a reduced registration fee to the Guide to Basics of Law Practice up to 50

students with the most pro bono hours accrued; or 2. Silver perks plus one-time free tuition to the Poverty Law Conference.

jcortez
Typewritten Text
Exhibit D
Page 32: Supreme Court Report - June 2013
Page 33: Supreme Court Report - June 2013
jcortez
Typewritten Text
Exhibit E
Page 34: Supreme Court Report - June 2013
Page 35: Supreme Court Report - June 2013

From: Trish McAllisterTo: Trish McAllisterSubject: Texas Access to Justice CampaignDate: Friday, May 17, 2013 11:01:28 AM

From: Texas Access to Justice Commission [mailto:[email protected]] Sent: Wednesday, May 08, 2013 8:11 AMTo: Trish McAllisterSubject: Texas Access to Justice Campaign

May 8, 2013

On behalf of the almost 6 million Texans who qualify for Legal Aid, we urge you to become aChampion of Justice by contributing to the Access to Justice Campaign. Providing access to justice toeveryone is a fundamental principle on which our country was founded.

Your $150 Access to Justice donation will help make a life-changing difference to our fellow citizensacross Texas. The attached video highlights how your gift provides critical support to Texas' mostvulnerable residents. This support may include assistance to the elderly, veterans, victims of domesticabuse, at-risk families facing issues such as home foreclosure or victims of natural disasters. Yourvoluntary tax-deductible donation will be used to support legal services provided to the poor throughlocal programs funded by the Texas Access to Justice Foundation and the Texas Bar Foundation.

Individuals wishing to show their strong support of access to justice may contribute at a higher level tobecome a member of the Champion of Justice Society. Individuals may contribute at the Sustaining($1,000 per year for 5 years), Gold ($1,000+), Silver ($500-$999), and Bronze ($250 - $499) levels.

Membership benefits include:

Invitation to the Champion of Justice Society reception as well as recognition at the State Barof Texas annual meeting,The Champion of Justice Society crest displayed next to your name on the State Bar website“Find a Lawyer” page,Listing in the Texas Bar Journal and the Commission’s Update newsletter, website, andFacebook page.

Follow the link to make your donation and become a Champion of Justice today.

Thank you!

Texas Access to Justice Commission | Texas Law Center | 1414 Colorado St. , 4th Floor | Austin, TX 78701

<< Send this email to a friend! >>

Please go here to opt-out from receiving this mailing from Texas Access to Justice Commission.

jcortez
Typewritten Text
Exhibit F
Page 36: Supreme Court Report - June 2013

2013 Access to Justice (ATJ) Campaign Key Elements

I). An online giving page at www.TexasATJ.org/donate

II). Giving Page at www.TexasBar.com. Once attorneys log in with their bar card number, they are able to contribute to the campaign.

Page 37: Supreme Court Report - June 2013

III). Campaign Video: http://www.youtube.com/user/TxAccesstoJustice

IV. Champion of Justice Society:

Individuals wishing to show their strong support of access to justice may contribute at a higher level to become a member of the Champion of Justice Society at the Sustaining ($1,000 per year for 5 years), Gold ($1,000+), Silver ($500-$999), and Bronze ($250 - $499) levels.

Membership benefits include:

• Invitation to the Champion of Justice Society reception as well as recognition at the State Bar of Texas annual meeting on Thursday, June 20 at 5pm at the Dallas Anatole,

• The Champion of Justice Society crest displayed next to your name on the State Bar website “Find a Lawyer” page,

• Listing in the Texas Bar Journal and the Commission’s Update newsletter, website, and

Facebook page.

Page 38: Supreme Court Report - June 2013
Page 39: Supreme Court Report - June 2013
Page 40: Supreme Court Report - June 2013

CHAMPION OF JUSTICE SOCIETY Individuals who wish to show their strong support of access to justice may contribute annually at a higher level to become a member of the Champion of Justice Society.

Membership benefits include: invitation to Champion of Justice Society annual reception, recognition at State Bar of Texas annual meetings, Champion of Justice Society crest displayed on the "Find a Lawyer" page; listing in a Texas Bar Journal issue, and listing in the Commission newsletter, website and Facebook page.

Membership levels are as follows:

Sustaining Member ($5,000 -- $1,000 x 5 years)

Gold Member ($1,000 +)

Silver Member ($500 - $999) Bronze Member ($250 - $499)

jcortez
Typewritten Text
Exhibit G
Page 41: Supreme Court Report - June 2013

Please join us

For the first annual Access to Justice Reception

Honoring Champion of Justice Society Members

Thursday, June 20, 2013 5:00 p.m.

Hilton Anatole

Ming Room (Mezzanine Level) 2201 North Stemmons Freeway

Dallas, TX 75207

Please RSVP by Friday, June 14, 2013 to [email protected] or (800) 204-2222, ext. 1892

Business attire

Page 42: Supreme Court Report - June 2013
Page 43: Supreme Court Report - June 2013
Page 44: Supreme Court Report - June 2013
Page 45: Supreme Court Report - June 2013
Page 46: Supreme Court Report - June 2013
Page 47: Supreme Court Report - June 2013
Page 48: Supreme Court Report - June 2013
Page 49: Supreme Court Report - June 2013
Page 50: Supreme Court Report - June 2013
Page 51: Supreme Court Report - June 2013
Page 52: Supreme Court Report - June 2013
Page 53: Supreme Court Report - June 2013
Page 54: Supreme Court Report - June 2013
Page 55: Supreme Court Report - June 2013
Page 56: Supreme Court Report - June 2013

2013 POVERTY LAW CONFERENCE AGENDA April 3-5 • Austin, TX • DoubleTree Hotel Austin

WEDNESDAY, April Phoenix North Phoenix South Phoenix Central Austin Room

10:00 REGISTRATION {Box Lunches Available in Pre-function Area}

11:00 - 12:00

1: Representing Clients with Federal Housing Program Legal Issues: A Quick Overview for the

New Housing Advocate S: Fred Fuchs

2: Guardianships 101 (.25 hr ethics)

S: Julie Balovich & Emily Rickers

3: Medicaid Estate Recovery in Texas S: Norma Baker & Bruce Bower

4: Immigration Basics: What Do I Need To Understand About Immigration If I Am Not An

Immigration Attorney -- And Why Should It Matter?!

(.25 hr ethics) S: Linda Brandmiller

12:15 - 1:15 5: Recent Changes to the Texas Rules of Civil

Procedure S: Nelson Mock & Aaron Johnson

6: Using Family Violence Advocates as Expert Witnesses

S: Tracy Grinstead-Everly

7: Social Security Disability Insurance, Supplemental Security Income, and

Returning to Work S: John Coburn

8: Deferred Action for Childhood Arrivals (DACA): Issues and Updates S: Sr. Veronica Schueler,FSE

Break in Pre-function Area

1:30 - 2:30 9: Meet TexFile: Introduction to the State's New

Electronic Filing System S: Casey Kennedy

10: To Be or Not to Be Married: Federal Benefits, Tax & Consumer Issues Raised by

Common Law Marriage S: Sapna Aiyer, Jeff Larsen, Patty Rangel &

Christina Gindratt

11: Current Developments in Elder Financial Exploitation

S: Bruce Bower, Judy Doran, Sandra Huhn, Letha Sparks; Commissioner John Specia &

JoAnn Woodruff

12: Representing Children in Immigration Court

S: Dalia Castillo-Granados & Michelle Garza

2:45 - 3:45

13: Developing or Refreshing a Pro Bono Program for Volunteer Attorneys

in the Private Bar S: Steve Elliot, Jane Fritz, Hon. Nathan Hecht,

Michelle Reed, Hon. Phylis Speedlin & Shauna Wright

14: Drugs, Diapers, and Danger: Drug Use and Its Effect on Custody

S: Barbara Stalder & Janet Heppard

15: Heads or Tails - The Choice Between Veterans Pension & Medicaid for

Long Term Care S: Janet Totter

16: Nuts & Bolts of Cleaning Up Criminal History

S: Justin Thompson & Leslie Schweinle

4:00 Housing & Consumer TF Family TF Public Benefits & Health TF Immigration TF Labor & Employment TF Veterans Issues

5:30 Poverty Law Section Meeting

THURSDAY, April 4

Phoenix North Phoenix South Phoenix Central Austin Room

7:45 REGISTRATION {Continental Breakfast Available in Pre-Function Area}

8:30 - 9:30 17: Creative Lawyering for Systemic Change {Phoenix Central} S: Wayne Krause Yang & Rudy Sanchez

BREAKOUTS: Phoenix Central Phoenix North Phoenix South Austin Room DeWitt South

9:45 - 10:45 18: Housing and Consumer 19: Family 20: Public Benefits and Health 21: Immigration 22: Labor and Employment

Break in Pre-Function Area

11:00 - 12:00

23: Walking Debt: The Impact of Debt Buyers and Zombie Debt on Low-Income Consumers S: Paula Pierce, Matt Probus & Eric Roberson

24: How Your Practice Affects Your Clients' Public Benefits

S: Renee Trevino & Priscilla Noriega

25: Insecure Communities: Addressing the Abuses That Arise Out of the Cooperation

Between Law Enforcement and Federal Immigration Authorities

S: Amelia Fischer

jcortez
Typewritten Text
jcortez
Typewritten Text
Exhibit 1
jcortez
Typewritten Text
jcortez
Typewritten Text
Page 57: Supreme Court Report - June 2013

THURSDAY, April 4 (continued)

Phoenix North Phoenix South Phoenix Central Austin Room

12:15 - 1:30 26: Expanding the Toolbox: How Poverty Lawyers Can Use Human Rights Laws in Their Practice {Lunch in Phoenix Central} S: Nelson Mock

1:45 - 2:45

27: Strategies for Addressing Affidavit on Indigency Issues

S:Lee DiFillipo, Linda Gregory & Mary Christine Reed

28: Advanced Topics in Fighting the School to Prison Pipeline

S: Deborah Fowler, Brian McGiverin & Celina Moreno

29: International Parental Abduction: How to Handle a Case under the Hague Convention on

the Civil Aspects of International Child Abduction

S: Pamela Brown, Javier Saenz & Carlos Salinas

Break in Pre-Function Area

3:00 - 4:00 30: Update in Defending Forcible Detainer

Lawsuits -- Focus on Case Law Developments S: Fred Fuchs

31: Best Practices for Protective Orders S: Jeana Lungwitz, Tracy Grinstead-Everly

& Kevin Dietz

32: Advocating for Appropriate Psychotropic Medication for Foster Youth

S: Ian Spechler

33: Everything You Wanted to Know about Mexican Family Law

S:Mariano Nunez Arreola, Pamela Brown & Maria Jose Vallejo

4:15 - 5:15 34: The Ins and Outs of working with

Community Organizers S: Robert Doggett

35: Helping the Kinship Care Client: Authorization Agreements, Guardianships, SAPCRs, and Other Options for Caretaker

Relatives of Minor Children S: Julie Balovich & Amanda Chisholm

36: How Fence-line Communities Can Fight Back: An Introduction to Environmental Law

and a Case Study in Corpus Christi S: Kelly Haragan, Amy Johnson

& Enrique Valdivia

37: Using the Media as an Advocacy Tool (.5 hr ethics)

S: Cynthia Martinez

5:30 Reception in Dover’s

FRIDAY, April 5

Phoenix North Phoenix South Phoenix Central Austin Room

8:00 Breakfast Available in Pre-Function Area

8:30 - 9:30 38: What Every Poverty Lawyer Needs to Know

About Special Education S: Constance Wannamaker

39: Does Domestic Violence + CPS = Neglectful Supervision for the Non-Violent

Parent? S: Donna Bloom & Maricarmen Garza

40: Help! Lawyers Wanted: The Obscure World of Military Discharge Upgrades

S: Eric Marfin

9:45 - 10:45 41: Working with Deaf Clients

S: Joe Berra, Heather Bise-Hughes, Amber Farrelly & Abby Frank

42: Stay Safe, Get Support: Resources and Options to Help Survivors of Family

Violence Pursue Child Support Safety S: Krista del Gallo, Joel Rogers & Ruth

Thornton

43: Medicaid-Funded Services for Individuals with Disabilities

S: Peggy Fuller, Sean Jackson & Maureen O’Connell

Break in Pre-Function Area

11:00 - 12:00

44: Updates on the Homeowners Fight Against HOAs

S:David Kahne, Thai-Anh Nguyen & Elizabeth Lockett

45: How to Have the Last Word S: Delia Parker Mims

46: Healthcare Reform - What Does it Mean to Texas?

S: Keegan Warren-Clem & Trelisha Brown

12:15 - 1:15 47: Practicing Law and Wellness – This is All About You! ( 1 hr ethics) S: Cameron Vann