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Curriculum STATE BAR OF TEXAS TEXAS YOUNG LAWYERS ASSOCIATION P.O. Box 12487 Austin, Texas 78711-2487 NON PROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NO. 1804 AUSTIN, TEXAS 35129 5/07 TEXAS YOUNG LAWYERS ASSOCIATION ANNUAL REPORT 2006-2007 TEXAS YOUNG LAWYERS ASSOCIATION ANNUAL REPORT 2006-2007

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STATE BAR OF TEXASTEXAS YOUNG LAWYERS ASSOCIATION P.O. Box 12487Austin, Texas 78711-2487

NON PROFIT ORGANIZATION

U.S. POSTAGEPAID

PERMIT NO. 1804AUSTIN, TEXAS

35129 5/07

TEXAS YOUNG LAWYERS ASSOCIATIONANNUAL REPORT 2006-2007

TEXAS YOUNG LAWYERS ASSOCIATIONANNUAL REPORT 2006-2007

XX

Karin R. Crump, Austin

President

Gindi Eckel Vincent, Houston

Chair

Cheryl S. Camin, Dallas

Vice-President

William W. Miller, Jr., Texarkana

President-elect

Lisa Richardson, Austin

Treasurer

Christine G. Albano, McKinney

Secretary

Mary E. Reveles, Richmond

Chair-elect

Lee Ann Reno, Amarillo

Immediate Past President

DIRECTORS

David Anderson, Dallas

Cade Browning, Abilene

Rob Cañas, Dallas

Sylvia Cardona, San Antonio

C. Davis Chapman, Fort Worth

Eraka L. Childs, Houston

Kelly-Ann F. Clarke, Galveston

Kirsten Barron Cohoon, Houston

Rabecca Cross, Houston

Stephanie M. Daley, Fort Worth

Chad P. Ellis, Richmond

Israel Garcia, San Antonio

Clint Harbour, Austin

Cori Harbour, El Paso

Christopher L. Jensen, Amarillo

Christy Martin Liddle, Houston

Edward F. Maddox, Laredo

Errin Martin, Sherman

Brian C. Miller, Corpus Christi

Jennifer Evans Morris, Dallas

Daniel Peugh, Denton

Connie H. Pfeiffer, Houston

Heath C. Poole, College Station

C.E. Rhodes, Houston

Lisa Richardson, Austin

Patrick Rodriguez, Brownsville

Clay B. Scheitzach, Dallas

James R. Secrest, Temple

Michele Surratt, Odessa

Russell H. Thomasson, Lubbock

John D. West, Beaumont

C. Frank Wood, Brownsville

Kristie Wright, Texarkana

Patsy P. Yung, Dallas

LIAISONS

Justice Dale Wainwright, Texas Supreme Court Liaison

Jeff Edwards, Access to Justice Liaison

Kimberly Gregory, ABA-YLD District 25

Amy Davis Benavides, ABA-YLD District 26

Dean Lawrence Sager, Law School Liaison

Dustin Howell, Law Student Liaison

STAFF

Tracy Brown, Director of Administration

Denny Sheppard, Project Coordinator

Bree Trevino, Office Manager

Texas Young Lawyers Association

P.O. Box 12487

Austin, Texas 78711-2487

(800) 204-2222, Ext. 6429

www.tyla.org

TYLA BOARD OF DIRECTORS 2006-07

OFFICERS

1

THE TEXAS YOUNG LAWYERS ASSOCIATION:

EMPOWERING THE PUBLIC THROUGH UNPRECEDENTED SERVICE

Empowering Young Lawyers to Serve the Public

During the 2006-07 bar year, the Texas Young Lawyers Association continued to provide exemplary

service to our members by providing award-winning resources and CLE programs for our new and

experienced lawyers; providing a comprehensive directory of our judiciary; and circulating a monthly

newsletter to more than 20,000 of our members. However, it was TYLA’s service to the public that

made the greatest impact during this year. TYLA’s volunteers dedicated countless hours to educating

members of the public about their rights and duties under the law and taught elementary, middle,

and high school students about the law through award-winning curriculum projects that were

implemented in Amarillo, Midland, Houston, El Paso, Laredo, and everywhere in between. In

addition to the existing projects through which TYLA volunteers continue to serve, TYLA developed

several new programs that met the public demand for information and assistance.

Empowering Students to Make a Difference in their Communities

They Had a Dream Too: Young Leaders of the Civil Rights Movement, a multi-media project that includes

a high school curriculum, website, and 28-minute film narrated by Julian Bond, taught thousands

of students about the role played by young people during the Civil Rights movement.

The project encouraged students of all ages to learn more about laws and legal decisions that affect their

lives and inspired them to have a positive impact on their communities.

Empowering Children with the Voice of a Volunteer Lawyer

Through TYLA’s ProBAR Children’s Project, TYLA responded to the dire need for legal representation

of unaccompanied immigrant children who are detained along the Texas border. In partnership with

the South Texas Pro Bono Asylum Representation Project (ProBAR), TYLA recruited and trained more

than 100 volunteer attorneys to represent migrant children, who had escaped devastating conditions in

their home countries and who were simply waiting for an opportunity to tell their story.

Empowering Cancer Patients with a Legal Guide to Issues that Affect their Lives

TYLA also created a comprehensive guide to provide legal information resources to those who have

been diagnosed with cancer and their caretakers.

Through an extraordinary level of hard work and service this year, TYLA volunteers have made an

enormous impact on our communities. It has certainly been my great pleasure to serve TYLA and the

great State of Texas.

Very truly yours,

Karin Crump

2006-07 President, Texas Young Lawyers Association

“It was awesome. It was very well put together. I know it has made an impact on [the students] about how much young people can do if they are willing to take a stand!” — Karen Garey Volunteer Coordinator of the South East Texas Foster Grandparent Program Beaumont, Texas

“The work that the TYLA has done on the civil rights DVD and materials is fabulous!” — Rosemary Morrow, PhD. Assistant Director of Social Studies Austin, Texas

“We watched the video not once, but twice. It was motivating. The video has generated a lot of discussions among the students in my classes. I hope TYLA will produce more projects like this one. We need to get our young people politicized and involved in law.” — Maricela Lazarin 10th Grade Teacher San Antonio, Texas

“I used the DVD and accompanying Teacher’s Guide to build a one-day mini-lesson for Martin Luther King Day. My students told me it was one of the best lessons we had done together this year! The video was well-paced and had just the right mix of explanatory narrative and live action sequences. The interviews with some of the actual participants really made it come to life.” — Tom Jaggard US History Teacher Refugio, Texas

3

★ 2,399 curriculums distributed

TYLA’s goal is to inspire future generations of Texans to understand and support our legal system.

TYLA programs were introduced to more than 1,000 Texas school administrators at the Winter

Conference of the Texas Association of School Administrators Education Expo in Austin. School

administrators responded enthusiastically, which challenged TYLA to find new avenues to implement

these programs in more schools and communities.

Junior Judges, We the Jury, and Supreme Team educate children of all ages about their Constitutional and

legal rights. Crossing the Line: Your Rights and Responsibilities, designed to educate junior high students

about their rights and obligations as they enter the adult world, was recently updated and republished.

2

EMPOWERING STUDENTS TO MAKE A DIFFERENCE

IN THEIR COMMUNITIES

Funded through a grant from the Texas Bar Foundation, They Had a Dream Too: Young Leaders of the

Civil Rights Movement is a multi-media project that takes students on a ride through the turbulent Civil

Rights movement of the 1950s, 60s, and 70s. Through a curriculum, website, and short documentary

film featuring archival footage and interviews with participants, They Had a Dream Too teaches

students about the profound impact that young leaders had on the world during the Civil Rights

movement and motivates students to positively change their world.

THE DREAMMAKERS

The film, narrated by NAACP Chair Julian Bond and filmed on location in Texas, California, North

Carolina, and Washington, D.C., features moving personal accounts from some of the young leaders

of the Civil Rights movement who helped change the nation.

Doreen Loury helped desegregate public pools in Columbus, Ohio, when she participated in a

swim-in when she was 8 years old. Gloria Bradley participated in the March on Washington when she

was 14. Mary Beth Tinker stood up for free speech by protesting the Vietnam War at the age of 13,

which led to a seminal U.S. Supreme Court decision championing the rights of students and teachers

in school. Franklin McCain made history as one of four young men who participated in a sit-in at a

Woolworth’s lunch counter in North Carolina. Terrence Roberts faced angry mobs on the way to

school as one of the first African American students to integrate Little Rock’s schools. John Martin was

a lawyer who won one of the first Voting Rights Act cases. Texans Norma Cantu and Henry Cisneros

provide perspective on the Mexican-American struggle for civil rights. Narrator Julian Bond was

a founding member of the Student Nonviolent Coordinating Committee, which staged a number of

sit-ins across the South. Many of these young leaders risked their lives and safety to fight for equality

for all.

A DREAM REALIZED

Lawyers across the country have helped realize the dream by taking this project into local schools in

38 states and three countries. TYLA has shared the project with more than 38,000, students and the

They Had a Dream Too website has attracted more than 90,000 visitors.

The project has been well received by the media. It was the cover story of the November 2006 Texas

Bar Journal. They Had a Dream Too was also featured on the Fox Morning Show in Austin and the

KSAT News in San Antonio. It has been implemented in schools and by community groups in 38

states across the country.

November 2006, Vol. 69, No. 10

Another leader was Terrence Roberts, now a professor in

California, who was 15 years old when he was recruited to inte-

grate the Little Rock schools three years after the U.S. Supreme

Court’s decision in Brown v. Board of Education.

“On the first day, when I walked up to Central High

School, I could hear the swelling noise before I arrived,”

Roberts says. “By the time I got there, the mob was in full

voice. Fortunately, I was surrounded almost immediately by a

cadre of photographers and reporters who served as sort of a

buffer zone between me and the mob. It was like a pack of

snarling dogs yelling all kinds of obscenities and profanities,

making it clear they would join the National Guard to keep us

out.” A year later, Roberts had to transfer out of state because

the Arkansas governor closed the schools rather than integrate.

A 25-minute video, They Had a Dream Too intersperses

original interviews with archival photos and film footage. After

chronicling several chapters in the civil rights movement — the

Freedom Riders, the Long Hot Summer, and Bloody Sunday

— the video shifts to social justice movements inspired by the

black civil rights movement.“Every other American and every other community owes

the African American community a debt of gratitude,” says

Henry Cisneros, the former San Antonio mayor and U.S. sec-

retary of housing and urban development. “When MLK Day

comes around each year, my first instinct — and what I advise

Latinos to do — is to say ‘Thank you.’ Our world has been

changed, our lives have been changed, and our horizons of

opportunity have been changed because of Dr. King and what

civil rights leaders of that era did.”They Had a Dream Too was the inspiration of TYLA Pres-

ident Karin Crump, who was spurred by an article Jeffrey

Zaslow contributed to The Wall Street Journal last year. Zaslow

challenged educators to teach young Americans about the piv-

otal roles teenagers played during the civil rights movement.

The Texas Bar Foundation awarded TYLA a grant to produce

the video, and Crump assembled a committee of TYLA direc-

tors to develop the script, coordinate the interviews, and over-

see the rollout: Kelly-Ann Clarke of Greer, Herz & Adams,

L.L.P. in Galveston; Jennifer Morris of Carrington, Coleman,

Sloman & Blumenthal, L.L.P. in Dallas; C.E. Rhodes of Baker

Hughes, Inc. in Houston; Chad Ellis of Ellis & Irwin, L.L.P.

in Richmond; and Clint Harbour of the Texas Attorney Gen-

eral’s Office. ZoMotion Picture Co. and Zone Communica-

tion Group handled the video production.

The They Had a Dream Too crew traveled the country to

tape interviews, from Greensboro to Los Angeles to Washing-

ton, D.C. In addition to the interviews with McCain and

Bond, the video features UT School of Law Professor and for-

mer Assistant Secretary of Education Norma Cantu; John Mar-

tin, a civil rights lawyer with the Justice Department in the

1960s who now serves of counsel to Carrington Coleman in

Dallas; and Mary Beth Tinker, one of the plaintiffs in Tinker v.

Des Moines, a landmark freedom of speech case.www.texasbarjournal.com

Vol. 69, No. 10 • Texas Bar Journal 955

TOP: Austin lawyer David Courreges, a Bowie High School student, TYLA President

Karin Crump, and UT Law Professor Norma Cantu. Cantu and Texas Supreme Court

Justice Dale Wainwright talked to students about leadership.

MIDDLE: Juniors at San Antonio’s Harlandale High School at a showing of They Had

A Dream Too: Young Leaders of the Civil Rights Movement.

BOTTOM: A student ask Justice Carolyn Wright and John Martin questions about the

civil rights movement.

Bar Journal • November 2006

www.texasbar.com

BY KEVIN PRIESTNER

utside the Woolworth’s in Greensboro, N.C., a plaque

commemorates one of the landmarks of the civil rights

movement with an apposite quote: “Sometimes taking a

stand for what is undeniably right means taking a seat.”

On Feb. 1, 1960, four black students, dressed in their Sun-

day best, sat down at the whites-only lunch counter and asked

to be served. Woolworth’s summoned the police, who declined

to take action because of the lack of provocation. Woolworth’s

decided to close early. The four students returned the next day.

Joined by other students, their sit-in attracted national atten-

tion and prompted protests in dozens of cities. Six months

later, Woolworth’s integrated its lunch counter.

Franklin McCain, one of the Greensboro Four, recounted

the first day of the sit-in

: “There was a little white lady about

four or five stools down from us who was having her after-

noon coffee. She started to walk straight toward us, and I said

to myself, ‘This cannot be good.’ She came over, put her

hands on our shoulders, and said, ‘Boys, I am so proud of

you. I only regret that you didn’t do this 10 years ago.’”

McCain is one of several figures from the civil rights

movement featured in a new video from the Texas Young

Lawyers Association, They Had a Dream Too: Young Leaders of

the Civil Rights Movement. Narrated by Julian Bond, chair of

the NAACP, the video tells the inspiring stories of young

leaders who helped change their world and asks students to

consider how they might change theirs.

“You’ve probably heard of the Rev. Martin Luther King,

Jr. and Rosa Parks,” Bond says in the video. “They’re the

most famous figures from the civil rights movement. But it

was a people’s movement that produced leaders of its own. It

relied not on the noted, but on the nameless. Not on the

famous, but on the faceless.”

One of those faceless leaders was Gloria Bradley, who

marched on Washington, D.C., when she was 14 years old. “I

knew as a teenager that this was something special, that we

were making history,” she says.

TOP: TYLA Director Kelly-Ann Clarke (right) with Franklin McCain at the Woolworth’s

counter where McCain and the other members of the Greensboro Four staged their sit-in.

BOTTOM: NAACP Chair Julian Bond taping his narration for They Had a Dream Too

in front of the steps to the U.S. Supreme Court building.

O

HONDURAS

LOS FRESNOS

EL SALVADOR

GUATEMALA

54

EMPOWERING UNACCOMPANIED CHILDREN

WITH THE VOICE OF A VOLUNTEER LAWYER

Each year, more than 6,000 unaccompanied children reach the United States border after fleeing abuse,

neglect, or persecution in their home countries. Approximately 25 percent of those detained children

are held in the Rio Grande Valley. In order to address this growing crisis, TYLA partnered with the

South Texas Pro Bono Asylum Representation Project (ProBAR) to help provide a voice for those

children through the TYLA/ProBAR Unaccompanied Children’s Project.

ProBAR, created in 1989 by the State Bar of Texas, the American Bar Association, and the American

Immigration Lawyers Association, is a national effort to provide legal services to immigrants,

including children, who are detained in South Texas. With the assistance of dedicated ProBAR staff,

TYLA provided widespread public awareness to Texas attorneys of the constant need for pro bono

services to these children by hosting a series of training sessions throughout the state. TYLA trained

more than 100 attorneys in Austin, El Paso, Brownsville, Dallas, and Houston. As a result, young

lawyers have provided a voice to children who otherwise would not have had one.

The TYLA/ProBAR Unaccompanied Children’s Project has garnered attention from media outlets

across the state, including the Texas Bar Journal, the Univision affiliate in Dallas, The Monitor in

the Rio Grande Valley, KURV Talk Radio’s Davis Rankin Show and the Austin Lawyer. The legal

community’s involvement has been amazing, with each participant taking to heart the project’s motto,

“You could save the life of a child.”

EMPOWERING CANCER PATIENTS WITH A LEGAL GUIDE

TO ISSUES THAT AFFECT THEIR LIVES

★ 1,296 copies distributed

★ 6,450 visitors to the website

TYLA developed, drafted, and distributed the Legal Guide for Cancer Patients, a 71-page pamphlet

providing comprehensive information on legal issues faced by most cancer patients.

Cancer patients are confronted with numerous legal issues every day but had no specific resources to

assist them. Members of the legal community recognized this need and TYLA responded. The result

was the Legal Guide for Cancer Patients, which provides patients and their caretakers with information

on 10 areas of law that affect most cancer patients. Topics include Insurance, Clinical Trials,

Employment Disability, Guardianship, and Estate Planning. The guide was completed in January and

presented to audiences in El Paso, Dallas, Laredo, and McKinney. It is also available in Spanish.

76

PROVIDING TOOLS FOR FAMILIES

★ More than 5,000 Family Law Resource Tools Distributed.

KIDS IN THE CROSSFIRE

Kids in the Crossfire, a video aimed at helping parents understand the impact their behavior has on their

children during and after divorce, was launched last year and has been adopted throughout the state by

courts, counselors, and children’s advocates. TYLA has presented the program to judges and family law

practitioners throughout the state at a variety of conferences and seminars. Several states have adopted

the program or been granted permission to modify it to meet local needs.

ADOPTION OPTIONS

Adoption Options, a guide for those who are considering growing their families through adoption, was

updated in 2006 and made available on the TYLA website. The guide answers commonly asked questions

about the adoption process and provides contact information for agencies throughout the state.

WHAT TO EXPECT IN FAMILY LAW COURT

What to Expect in Family Law Court was created to help those unfamiliar with the judicial system in

general and family law courts in particular make their way through the system when involved in

divorce, custody, adoption, or child support cases. The easy-to-understand brochure guides readers

through the family law system. The brochure has recently been translated into Spanish.

PRO SE DIVORCE HANDBOOK

The Pro Se Divorce Handbook is intended to assist those who choose to navigate a divorce without legal

counsel. The step-by-step guide helps individuals through the process of divorce and addresses key

topics such as courtroom etiquette, deadlines, and procedures.

EDUCATING THE PUBLIC

SAFEGUARDING DEMOCRACY: PROMOTING AN INDEPENDENT JUDICIARY

TYLA partnered with the Texas League of Women Voters to educate the public about the judicial

branch of government. Safeguarding Democracy aired on KLRN and is being distributed throughout

Texas by PBS.

★ More than 30,000 public information pamphlets distributed.

TYLA, with the support of the State Bar and volunteer attorneys, is one of the leading providers of free

legal resources for consumers in Texas:

• Segments of “It’s the Law” featuring University of Houston law professor Richard Alderman

are filmed and shown on local newscasts.

• “How to Sue in Small Claims Court” provides a plain-language explanation to Texas

citizens and attorneys of the rules and procedures that apply in small-claims courts, from

deciding whether to sue to appealing a small-claims judgment.

• The “Tenants’ Rights Handbook” (which is available in both English and Spanish) advises

Texas renters of their rights under Texas’ tenant protection laws.

• “To Will or Not to Will” provides Texans with estate-planning guidance.

JUST HANG UP!

★ 324 pamphlets distributed

Just Hang Up! began as a public service announcement and now includes a pamphlet focused on

protecting Texas seniors against unscrupulous telemarketers. Each year, thousands of Texas seniors lose

money to fraudulent telemarketers using a variety of illegal scams. TYLA is attempting to curb this loss

by distributing its Just Hang Up! brochure statewide.

AMERICAN JUROR

★ 4,366 unique visitors to AmericanJuror.org this year

Through its American Juror: The Decision is Yours video, TYLA continues to educate Texans about the

importance of jury service. The video is shown to potential jurors prior to their being questioned by

attorneys during the voir dire process.

TYLA also developed an American Juror educational PowerPoint presentation for attorneys to use in

their communities as a way to educate the public about the jury system.

Adoption OptionsA Directory of Adoption Agencies in Texas

T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N

T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N

What to Expect in

Texas Family Law Court

LIVING TRUST SCAMS

AND THESENIOR CONSUMER

98

SERVING OUR MEMBERS

PROFESSIONAL DEVELOPMENT SEMINARS

Wouldn’t it be great if some of the best attorneys in their practice areas shared their secrets and

techniques with young lawyers just entering the profession? That’s exactly what happens at TYLA’s New

Lawyer Course and its first ever Practice Skills Course for New Lawyers..

A distinguished panel of lawyers and judges headlines the Federal Court Practice Seminar, at which

young lawyers learn the ins and outs of practicing in federal court. In addition to satisfying the

educational requirements for admission to the federal district courts in Texas, this program includes the

training required by the Southern District of Texas for the electronic filing system.

Young lawyers at the Choosing and Courting a Jury Course hear practical advice from top Texas

litigators about the art and law of voir dire, how to court a jury throughout trial, and the use of

focus groups.

PROFESSIONAL ETHICS

Participants in TYLA’s first-ever webcast, Understanding the Grievance Process: Expert Advice to Navigate

the Attorney Discipline Process, heard practical advice about the grievance process and avoiding common

ethical pitfalls from the Chief Disciplinary Counsel for Texas and three other distinguished panelists.

The TYLA Thumbnail Guide to Texas Ethics contains an overview of the grievance process, information

about helpful ethics-related resources, and summaries of the disciplinary rules governing the most

common complaints about lawyers: neglect, failure to communicate, and issues related to withdrawal

and termination of representation. The guide is being distributed to almost 3,000 newly licensed Texas

lawyers with their membership cards and CDs containing copies of the TYLA Survival Guide.

★ 23,000 young lawyer recipients of the TYLA eNews each month

The TYLA eNews, a monthly online newsletter, continues to keep Texas young lawyers informed about

state and local activities, upcoming events, and opportunities for involvement. The eNews also includes

useful articles on various legal issues, legislative developments, and practice tips for lawyers.

★ 236 video segments viewed on TenMinuteMentor.org

from June 2006 to March 2007

TenMinuteMentor.org is an online video library of brief presentations by Texas lawyers and judges

that provides information and practice tips on a wide variety of subjects. Ten Minute Mentor is free of

charge and can be searched by keyword, speaker, or category. This growing library contains more than

200 educational segments in dozens of topic areas.

The Texas Young Lawyers Association has prepared the following overview of the attorney discipline process and some of themost frequently violated rules of professional conduct. A webcast, “Understanding the Grievance Process,” is available throughTexasBarCLE’s Online Classroom at www.texasbarcle.com. Participants can earn 1.75 hours of MCLE ethics credit.

454 Texas Bar Journal • May 2007 www.texasbar.com

Overview of Grievance ProceduresFiling — The grievance process begins when a complainantfiles a grievance form with one of the regional offices of theChief Disciplinary Counsel. A copy of the form is availableat www.texasbar.com.

Classification — Once a Grievance is filed, the Chief Dis-ciplinary Counsel has 30 days to determine if it alleges a vio-lation of the Texas Disciplinary Rules of ProfessionalConduct or other professional misconduct. Grievances thatallege professional misconduct are classified as Complaints,and those that do not are classified as Inquiries and dis-missed. The Chief Disciplinary Counsel’s decision to classi-fy a Grievance as an Inquiry may be appealed to the Boardof Disciplinary Appeals. See Tex. R. Disciplinary P. 1.06,2.10.

Response — If a Grievance is classified as a Complaint, theChief Disciplinary Counsel gives notice and a copy of theComplaint to the attorney against whom the grievance isfiled, and the attorney has 30 days to deliver a response. SeeTex. R. Disciplinary P. 2.10.

Just Cause Determination — Within 60 days of theresponse deadline, the Chief Disciplinary Counsel investi-gates the Complaint to determine whether there is JustCause to believe that professional misconduct has occurred.If the Chief Disciplinary Counsel determines that there isno Just Cause to proceed on the Complaint, the case is pre-sented to a Summary Disposition Panel comprised of localgrievance committee members. If the Panel accepts theChief Disciplinary Counsel’s determination, the Complaintis dismissed. Otherwise, the Panel votes to proceed on theComplaint. See Tex. R. Disciplinary P. 2.12, 2.13.

Election of Forum — If the Chief Disciplinary Counselfinds Just Cause — or if the Summary Disposition Panelrejects his recommendation to dismiss the Complaint — theattorney has 20 days to elect whether the Compliant will betried in District Court or before an Evidentiary Panel com-prised of members of the local grievance committee. If theattorney does not make an election, the Complaint will be

tried before an Evidentiary Panel. The lowest form of sanc-tion, a private reprimand, is only available if the Complaintis tried before an Evidentiary Panel, but a jury is only avail-able in District Court. See Tex. R. Disciplinary P. 2.15, 3.06,3.10.

Trial — After the attorney has made an election, the ChiefDisciplinary Counsel files a Petition in the name of hisclient, the Commission for Lawyer Discipline. If the attorneyhas elected to have the Complaint tried before an Eviden-tiary Panel (or has not made an election), the Petition is filedwith the Evidentiary Panel. If the attorney has elected Dis-trict Court, the Petition is filed with the Clerk of theSupreme Court, who transmits it to the District Court aftera judge is appointed by the Supreme Court to preside overthe case. The presiding judge must be an active districtjudge from outside the administrative judicial district wherethe attorney resides. In District Court, either the Commis-sion or the attorney may demand a trial by jury, althoughthe judge still determines the appropriate sanctions to beimposed. In either forum, the action must be set for trial onthe merits within 180 days after the answer is filed. Trial canbe avoided by an agreed settlement between the attorneyand the Commission. See Tex. R. Disciplinary P. 2.17, 2.18,3.01, 3.02, 3.03, 3.06, 3.07, 3.09.

Sanctions — There are eight available sanctions for profes-sional misconduct, ranging from a private reprimand to asuspension for a term certain to disbarment. Sanctions mayalso include restitution and payment of attorneys’ fees. Aprivate reprimand is not available in District Court. See Tex.R. Disciplinary P. 1.06, 3.10, 15.11.

Appeal — The judgment of an Evidentiary Panel may beappealed to the Board of Disciplinary Appeals, and anappeal from the Board of Disciplinary Appeals may be takento the Supreme Court of Texas. The final judgment of a dis-trict court may be appealed in the same way civil cases aregenerally appealed. See Tex. R. Disciplinary P. 2.24, 2.28,3.16, 7.11.

Live Webcast December 13 10 a.m. to noonUnderstanding the Grievance Process: Expert Adviceto Navigate the Attorney Discipline Process

Topics include:How grievances are filedFrequently-violated rulesWhat to do if a grievance is filed against youCommon pitfalls in the grievance processEvidentiary hearings vs. district court adjudicationAppeals

PanelistsJohn Neal, Chief Disciplinary Counsel; Mark White,former chair, Texas Commission for Lawyer Disci-pline; Melody Wilkinson, member, Texas Commis-sion for Lawyer Discipline; and Warren Clark,Amarillo

UNDERSTANDING THE GRIEVANCE PROCESS: Expert Advice to Navigate the Attorney Discipline Process

Sponsored by the Texas Young Lawyers Association, TexasBarCLE, and Texas Commission for Lawyer Discipline

1110

ASSISTANCE TO LOCAL LEADERS: TAKING TYLA ON THE ROAD

The TYLA Roadshow program continued to provide free support and CLE activities to its local

affiliates throughout the State of Texas. After completing nine Roadshows since the event’s inception,

six more were presented in 2006-2007.

What has TYLA done for me lately? An immediate answer to this question is the Roadshow. Designed

to assist small- to medium-size bar associations in providing quality leadership and CLE programs to

their members at no cost, the Local Leaders Assistance Committee has toured the state with events

tailor-made to meet the specific needs of each affiliate. Whether it was offering a helping hand and

financial support to help organize a CLE dinner or simply meeting with the affiliate leaders to offer

advice on possible projects, TYLA was there for the local bar. During the 2006-2007 bar year,

Roadshows were held in Lubbock, Corpus Christi, Sugarland (Fort Bend County), Galveston, and

College Station (Brazos County).

ENSURING ACCESS TO JUSTICE

★ 3,766 applications downloaded

One way that TYLA supports the principle of “And Justice For All” is by promoting a

specialty license plate.

The “And Justice For All” license plate is available to all Texas motorists for a $30 annual fee, plus $40

if personalized, in addition to regular vehicle registration fees. Twenty-five dollars of the $30 annual fee

supports civil legal services to Texans who cannot afford legal services. The license plate can be

purchased at any time, regardless of when a vehicle registration expires.

This year, TYLA raised more than $22,000 for the Texas Access to Justice Foundation, which uses those

funds to provide grants to legal aid providers. During a time when funding for legal aid is in decline,

the “And Justice for All” license plate serves as an innovative method to increase funding.

El Paso (April 20, 2006)

Midland (Nov. 4, 2004)

Lubbock (Nov. 5, 2004)(Oct. 6, 2006)

Denton (April 7, 2005)

Temple (Nov. 4, 2005)

Waco (Nov. 4, 2005)

Texarkana (Feb. 23, 2006)

Lufkin (Feb. 23, 2006)

Brownsville (April 6, 2006)

McAllen (April 6, 2006)

Corpus Christi (Oct. 26, 2006)

Fort Bend County (Sugarland)

(Jan. 18, 2007)Galveston (Jan. 19, 2007)

Brazos County (College Station)

(March 22, 2007)

1312

LOOKING TOWARD THE FUTURE

In the new bar year, TYLA will continue its outstanding public and member service efforts, with more

than 30 active projects, by educating Texas citizens about the law and improving services to its 23,000

members. TYLA will continue its award-winning elementary, middle and high school curriculum

projects like They Had a Dream Too, Crossing the Line, and Junior Judges. We will also continue to

implement our great educational programs, American Juror and Kids in the Crossfire. For young lawyers,

TYLA will offer valuable CLE programs such as the Success Strategies, New Lawyer and Federal Court

Practice seminars. We will also be developing new programs to address the needs of young lawyers and

Texas citizens, including:

• Forming a Military Affairs Committee to design, develop, and implement programs for

assisting active military personnel and veterans;

• Developing programs to increase awareness of elder abuse and fight its growing trend;

• Focusing on access to justice through the development of mediation tools for Texas’ three

legal aid organizations and low income Texans; and

• Designing, developing, and implementing programs to educate the public about the

importance of the justice system and its role as an equal branch of government, including

how their participation in the jury system makes our system of justice work.

I hope that you will join TYLA in these efforts. The Texas Young Lawyers Association is a great place

to make friends for life, meet other lawyers from across the state, enhance your skills as a lawyer, and

actively make a difference in the lives of Texas students and citizens. Take a minute and look at all of

the different programs TYLA has to offer at www.tyla.org. We would love to get you on board!

Very truly yours,

Bill Miller

2007-08 President, Texas Young Lawyers Association

GUIDING LAW STUDENTS

TYLA has a vested interest in ensuring that law students know about its outstanding programs and

opportunities for service. As law students become lawyers they also automatically become members of

the Texas Young Lawyers Association. Professionalism, camaraderie, public service, and practice

development are all areas where TYLA excels at helping its members.

To introduce law students to TYLA and the legal profession, TYLA attends the orientation events for

first-year law students at each of the nine Texas law schools. TYLA speaks to the students about the

challenges of law school, life as a young lawyer, and the promising future that they have embarked

upon. In addition, TYLA works with local young lawyer associations (known as local affiliates) and the

State Bar of Texas Law Student Division to provide opportunities for law students to become involved

in their local communities, such as the 2006 Triple Play Charity Softball Tournament.

To help law students enter the practice with greater advocacy skills, TYLA annually partners with the

American College of Trial Lawyers to host the National Trial Competition. This year, a record 288

teams participated from 148 schools in the competition nationwide. Twenty-six teams advanced to

Nationals in Houston.

The annual Moot Court Competition brings teams from Texas’ law schools together during the State

Bar Annual Meeting. These programs are planned, coordinated, and staged by Texas young lawyers.