Supreme Court Report - Dec 2020

December 1, 2020 CHAIR Harry M. Reasoner Houston COMMISSIONERS Chad Baruch Dallas Hon. Brett Busby Houston Alistair Dawson Houston Smaranda Draghia San Antonio Lourdes Flores Austin Hon. Eva Guzman Houston Luz Herrera Ft. Worth Roland K. Johnson Ft. Worth Monica Karuturi Houston Richard LaVallo Austin Hon. Joe Lopez Laredo William E. Marple Ft. Worth Hon. Michael C. Massengale Houston David McAtee Dallas Harriet E. Miers Dallas MariBen Ramsey Austin

The Supreme Court of Texas Attn: The Honorable Blake Hawthorne Supreme Court Building 201 West 14th Street, Room 104 Austin, Texas 78701 Re: Report of the Texas Access to Justice Commission to the Supreme Court of Texas for the period December 1, 2019 to November 30, 2020 Dear Justices of the Supreme Court of Texas: I am submitting the enclosed report of the main activities of the Commission from December 1, 2019 to November 30, 2020 on behalf of the Texas Access to Justice Commission. The access to justice activities of the Texas Access to Justice Foundation and the State Bar of Texas are included in the appendices.

The Commission continues to be deeply grateful to the Supreme Court of Texas and the State Bar of Texas for their national leadership in access to justice. Texas remains on the forefront in this area thanks to the Court.

The Commission would be delighted to meet with the members of the Supreme Court of Texas to discuss its activities or answer any questions.

Very truly yours,

Jeannie Rollo Goldthwaite Hon. Ken P. Wise Houston EX-OFFICIO MEMBERS For the Governor Jeffrey L. Oldham Austin For the Lieutenant Governor Hon. Judith Zaffirini Laredo For the Speaker of the House Hon. Gene Wu Houston CHAIR EMERITUS James B. Sales Houston EXECUTIVE DIRECTOR Patricia E. McAllister

Harry M. Reasoner Chair Texas Access to Justice Commission

ACCESS TO JUSTICE

Texas Access to Justice Commission’s 2020 Report to the Court Table of Contents I.

Texas Access to Justice Commission Report A. New Efforts…………………………………………………………………….……….

1. Coronavirus Pandemic…………………………………………….………… a. Virtual Hearings…………………………………………….………… b. Emergency Orders…………………………………………….……. c. COVID-19 Work Group……………………………………………… d. Eviction Prevention………………………………………………….. e. Assistance to Courts on General Matters…………………………

2. Debt Claims……………………………………………………………………

3. Online Dispute Resolution……………………………………………………

B. Continuing Efforts: Capacity Building Initiatives…………………………………....

1. Law School Collaborations………………………………………………….. a. Pro Bono Spring Break……………………………………………... b. Access to Justice Internship Program….………………………….

2. Legal Training Program….…………………………………………………..

3. Supreme Court Form Task Forces….……………………………….……. . a. Landlord-Tenant….……………………………………..………..… . b. Probate….………………………………………………………….… c. Protective Order….………………………………………………..… d. Uniform Forms….…………………………………..……………..… e. Style Guide….…………………………………..……………………

4. Technology….…………………………………..……………………………. a. Snapshot of Access to Justice Technology in Texas: Survey …. b. COVID-19 Response….…………………………………………..… c. ATJ Tech Principles….…………………………………..…………..

C. Continuing Efforts: Policy and Best Practices Initiatives….……………………….

1. Legislative Advocacy….……………………………………………………… a. Federal Funding for Legal Services Corporation….…………..…. b. Federal Funding for LSC’s COVID-19 Response….…………..… c. State Funding for Basic Civil Legal Services….………………..… d. State Funding for Legal Aid’s COVID-19 Response….………..… e. Non-Funding Access to Justice Legislative Initiatives….……...…

2. Rules, Legislation, Policies and Procedures Initiatives….……………..… a. ATJ Impact Statement and Framework….…………………….….. b. Language Access….………………………………………..……..… c. Texas Rule of Civil Procedure 145….……………………………… d. Other Rules Projects….…………..………………………………….

D. Fund Development and Awareness….…………..………………….……………….

1. Awards….…………..………………………………………………………….. a. Corporate Counsel Pro Bono Award….…………..……………….. b. Deborah G. Hankinson Award….…………..………………………. c. Law School Commitment to Service Award….…………………….

1 1 2 2 2 3 3 4 4 5 5 5 5 6 7 7 7 8 8 8 8 8 9 9 10 10 10 11 11 12 12 13 13 13 14 14 15 15 15 15 15

d. Law Student Pro Bono Award….…………………………………… e. James B. Sales Boots on the Ground Award….………………….. f. Harry M. Reasoner Justice for All Award….…………………….…

2. Communications….…………………………………………………..……….

3. Development and Fundraising Efforts ….………………………….…….… a. 2020 Justice for All Campaign….………………………………...… b. Champion of Justice Society….…………………………………..… c. Champions of Justice Law Firm Competition.…………………….. d. Champion of Justice Gala Benefitting Veterans….………………..

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II.

Texas Access to Justice Foundation Report…………………………………..……

Appendix 1

III.

State Bar of Texas Report…………………………………………………………….

Appendix 2

A REPORT TO THE SUPREME COURT OF TEXAS ON THE ACTIVITIES OF THE TEXAS ACCESS TO JUSTICE COMMISSION DECEMBER 1, 2019, TO NOVEMBER 30, 2020

I.

NEW EFFORTS

A. CORONAVIRUS PANDEMIC The majority of the Commission’s efforts this year have been focused on ameliorating the effects of the coronavirus pandemic on low-income people attempting to access the justice system. Within weeks, thousands of people were unemployed and sheltering in place. People were unable to pay their rent, secure health care, leave their homes to escape abuse, navigate visitation orders, or deal with an assortment of other issues that require legal help. It has been a challenging, fast-paced, continually changing environment. While much good has been accomplished, there is a lot more work to do.

Virtual Hearings The Commission has worked extensively with the Office of Court Administration, the Texas Justice Court Training Center, individual courts, and national access to justice leaders on addressing issues arising due to the shift from in-person to virtual court hearings. Access to and the ability to use technology continues to be the main barrier to meaningful participation in virtual hearings, especially as it relates to the ability to timely submit or present evidence for people who do not have smartphones. Accessibility issues for people with disabilities and those who have limited English proficiency can also present challenges.

At the request of the Office of Court Administration, the Commission created Best Practices for Courts in Zoom Hearings Involving Self-Represented Litigants, which guides courts through addressing the most common issues faced by low-income SRLs and includes several appendices (See Exhibit A): • •

•

Accommodations for Persons with Disabilities – A primer on relevant law and best practices when cases involve litigants or witnesses with disabilities.

Language Access and Remote Interpretation – A guide to implementing language access best practices in virtual proceedings, including state and federal law and red flags to avoid.

How to Use Simultaneous Interpretation in Zoom Proceedings – A step-bystep guide to the simultaneous interpretation capabilities in Zoom, including screenshots and a model script for judges.

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The Commission also prepared several guides to assist SRLs with their hearings: • •

•

Getting Ready for a Remote Court Hearing – A litigant’s guide to preparing for a remote hearing (in English and Spanish). (See Exhibit B) Tips for SRLs on Zoom Hearings and Court Processes and Procedures – The guide walks litigants through processes, such as submitting evidence and handling technical problems. (See Exhibit C) Using an Interpreter in Zoom for Your Remote Hearing – A litigant’s guide to using an interpreter in a remote hearing (in English and Spanish). (See Exhibit D)

Emergency Orders The Commission worked with the Court, OCA, legal aid, and other stakeholders to help get emergency orders in place regarding evictions, consumer debt, visitation and exchange orders, as well as addressing issues arising from the interplay of court orders and various stay-in-place orders. The Commission conducted a survey of legal aid needs over the first few weeks of the crisis to understand and advocate for their needs. The fast and ever-changing landscape of federal, state, and local responses kept us on our toes and regularly pivoting to accommodate new information and circumstances. We worked with the creditor’s bar to protect CARES Act funds from being frozen or seized by garnishment or turnover orders. We also worked with landlords and landlord associations to help tenants protected from eviction under the CARES Act and the CDC Moratorium.

COVID-19 Work Group OCA created the COVID-19 Work Group, chaired by Judge Nicholas Chu, Travis County Justice of the Peace Precinct 5, to provide nimble responses to issues arising from the pandemic. Members include justices of the peace, landlords, legal aid attorneys, creditor attorneys, the Texas Justice Court Training Center, and the Commission. Thus far, the group has worked on the 15th, 16th, 18th, 20th, 22nd, 24th, 25th, and 27th Emergency Orders with respect to consumer debt, eviction, and court procedures.

To assist justice courts with interpreting the various orders, the Work Group drafted guidance on the 17th Emergency Order that they subsequently updated with changes occurring in later orders and information relating to the CARES Act and the CDC Moratorium. The Commission took the lead for the access to justice community on working through the various laws and orders to ensure that the ATJ perspective was conveyed to all stakeholders and the Court, as well as included in the justice court guidance. At times, it was challenging to get agreement between stakeholders on what the laws cover and protect, but the Work Group managed to draft helpful guidance that does not spill over into interpreting the law for the judges who will be hearing these matters.

The Work Group also produced a debt claim answer that JPs could provide to the public.

Commission Report to the Court, December 1, 2020

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Eviction Prevention With the CDC Moratorium and most of the remaining protections of the CARES Act expiring on December 31, a deluge of evictions is anticipated around the state. The threat of massive evictions has been a concern since the beginning of the pandemic, and the Commission has been working hard to help preserve housing.

In late May, Judge Jeremy Brown, Harris County Justice of the Peace of Precinct 7, contacted the Commission to get advice and guidance on establishing the Harris County Eviction Prevention Program. The Harris County Commissioners Court and the City of Houston wished to prevent as many evictions as possible and to provide parties who ultimately had evictions filed against them with information and legal assistance. We assisted Harris County Commissioner Rodney Ellis’ office, Judge Brown, and Lone Star Legal Aid with determining the scope of the program and working through the various elements to increase access to justice in eviction cases in Harris County. Trish McAllister was asked to speak at the June Commissioners Court meeting on evictions and the effect of eviction on a family and the community at large, including the associated costs to the state and local governments. Ultimately, the program was funded, and Lone Star Legal Aid, along with several other legal aid programs, started providing eviction prevention services in late summer.

David Slayton, Executive Director at the Office of Court Administration, asked the Commission and other stakeholders to provide thoughts on the concept of creating an eviction diversion program similar to what a few other states had created. The Commission looked at the two most widely regarded programs in Florida and Michigan and provided feedback on what components we felt were important to have in Texas.

Many of those ideas were implemented in the Texas Eviction Diversion Program.

Assistance to Courts on General Matters Throughout the year, the Commission worked with individual district, county, and justice courts to address various components of their court processes, especially as they related virtual hearings. We reviewed and redrafted many citations and notice of hearings to assist courts in making sure to include information that litigants needed to know or have in preparation for their case.

It soon became clear that these fundamental components of our judicial system – the citation and notice of hearing – need significant reform from an access to justice standpoint. Even the most access to justice friendly courts issued citations that were incredibly complex, with a lot of information written in legalese crammed onto the page.

It was rare to find a citation or notice of hearing that was clear and concise with all the information a person would need to move to the next procedural step or find assistance for their legal issue.

Commission Report to the Court, December 1, 2020

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B. DEBT CLAIMS As the Court is aware, debt claim filings continue to rise at a rapid rate while the default rate remains over 90 percent. A high default rate is indicative of barriers to the justice system or other access to justice concerns. It also creates a system where the court is declaring a winner without access to all relevant facts, which ultimately undermines the public’s faith in the judicial system. With the statutory jurisdiction for justice courts increasing from $10,000 to $20,000 on September 1, 2021, the number of filings will only continue to escalate.

High debt claim filings coupled with high default rates are a national issue. The A2J Lab at Harvard University studied the problem and found that default rates decreased significantly when a court simply sent a letter – separate from the citation – coupled with an answer form. We worked with the Texas Justice Court Training Center, the consumer debt collection bar, and other stakeholders to craft a form that could be made available to justice court judges. A disagreement arose regarding whether the answer should be a general denial or should include affirmative defenses. Ultimately, TJCTC determined that affirmative defenses should be included.

The Commission has also been working with Texas Appleseed, SMU Dedman School of Law, and legal aid providers to assess the situation in Texas and make more comprehensive reform recommendations. At the request of the Office of Court Administration, we submitted a report with our recommendations to the Judicial Council in July (See Exhibit E), and they asked us to make a presentation of our recommendations to them at their August 2020 meeting. I am pleased to report that the Judicial Council adopted all of our recommendations.

C. ONLINE DISPUTE RESOLUTION At the request of the Office of Court Administration and in partnership with Texas Appleseed and SMU Dedman School of Law, the Commission collaborated with Tony Fabelo, Senior Fellow for Justice Policy at the Meadows Mental Health Policy Institute, working as a consultant to the Pew Charitable Trusts Civil Legal System Modernization Project, to create a policy framework for online dispute resolution that includes access to justice components in Texas.

The framework sets forth four overarching principles and states, “If implemented well, ODR has the potential to increase efficiency in the court system while also furthering fundamental access to justice principles. An effective ODR platform should: (a) Increase access to the courts for all parties; (b) Enable all parties to participate meaningfully and effectively in court processes; (c) Promote timely and cost-effective resolution of disputes; and (d) Achieve a just result.

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It goes on to list a set of standards, such as accessibility and being fair and impartial, that would define an effective, efficient, and just ODR system. (See Exhibit F)

II.

CONTINUING EFFORTS

A. CAPACITY BUILDING EFFORTS Law School Collaborations The Commission continues to offer educational opportunities to law students to expose them to civil access to justice issues by coordinating the annual Pro Bono Spring Break and providing internships with civil legal aid organizations. Our hope is that the law students of today continue to be the makers of change for tomorrow by upholding the law and ensuring access to the courts is possible regardless of financial status, ethnicity, or race.

Pro Bono Spring Break For nearly a decade, the Commission has hosted Pro Bono Spring Break, where Texas law students spend their spring break serving low-income Texans who need legal assistance. Fifty students, representative of each of the ten Texas law schools, were accepted into this year’s PBSB program. Over a third of the students were fluent in at least one language other than English, increasing the number of low-income Texans helped through this program. This year, students participating in the first week of PBSB were midstream in their work when state and local officials asked people to shelter in place due to health concerns associated with COVID-19. We made the difficult decision to cut the program short and cancel the program for students whose spring break fell the following week.

All PBSB participants are required to submit a written, photo, or video essay at the conclusion of their trip. Two written essays from students who participated during the first week are included in Exhibit G. Access to Justice Internship Program After more than a decade, the Access to Justice Internship Program continues to appeal to law students and legal aid organizations. The ATJIP provides stipends to law students who commit to working at a civil legal aid organization for 400 hours in the summer or 200 hours during the fall or spring semester of the school year.

The Commission accepted 13 students this year. Three applicants were accepted in the Spring 2020 program, eight applicants were accepted to participate in the Summer 2020 program, and two applicants were accepted to participate in the Fall 2020 program. As with Pro Bono Spring Break, many of the students are bilingual, which Commission Report to the Court, December 1, 2020

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helps increase access to justice to those for whom English may not be their primary language.

Law students interned with these organizations across Texas: • Community Revitalization Project of Legal Aid of NorthWest Texas, Fort Worth • Disability Rights Texas, Houston • Equal Justice Center, Austin • Houston Volunteer Lawyers, Houston • Legal Aid of NorthWest Texas in Dallas, Fort Worth, and Lubbock • Opal Mitchell Lee Property Preservation Project, Thurgood Marshall, Houston • Family Helpline, Texas Legal Services Center, Austin • Texas RioGrande Legal Aid in Del Rio and San Antonio, and • Center for Children, Law and Policy, University of Houston Law Center, Houston The ATJIP continues to attract applicants from law schools throughout the United States, but the majority of students attended Texas law schools: • • • • • • • • • •

Baylor Law School South Texas College of Law St. Mary's University School of Law (2) Texas A&M University School of Law Texas Tech University School of Law Thurgood Marshall School of Law (3) University of Houston Law Center University of Texas School of Law University of Tulsa College of Law William and Mary Law School

ATJIP interns must submit a 1000-word essay at the end of their internship. An essay from one of this year’s interns is included in Exhibit H. Applications for the Spring 2021 ATJIP will be due mid-December.

Legal Training Program The Texas Access to Justice Commission, in partnership with the Fellows of American College of Trial Lawyers, has offered a hands-on training program for legal aid attorneys for almost two decades. This training has historically included live demonstrations of courtroom trial skills by some of the most notable trial lawyers in the country. Participants receive extensive one-on-one training and practice in pretrial and trial proceedings, as well as evidence, helping shape the litigation and advocacy skills of countless legal aid attorneys. Unfortunately, due to the coronavirus pandemic, the Trial Academy was not able to take place this year.

Commission Report to the Court, December 1, 2020

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Reagan Brown has served as course director for the past ten Academies. Although the 2020 year was unexpected in a myriad of ways, Reagan has continued to provide his guidance and leadership throughout.

Supreme Court Forms Task Forces Landlord-Tenant The Landlord-Tenant Forms Task Force, chaired by Judge Carlos Villa, meets monthly. This year, the Task Force has been quite prolific. They have completed work on the following forms and instructions kits: •

Security Deposit Kit – for tenant to secure the return of a security deposit.

•

Writ of Retrieval Kit – for tenant to obtain certain personal items from a current or former rental residence.

•

Lockout Kit – for tenant to gain entry to the rental premises when their landlord has improperly locked them out.

•

Utility Restoration Kit – for tenant to seek restoration of their utility service when their landlord has improperly cut off utility service.

•

Right to Vacate: Family Violence – for early lease termination when a tenant or occupant is a victim of family violence.

•

Right to Vacate: Sexual Assault or Stalking – for early lease termination when a tenant or occupant is a victim of sexual assault, sexual abuse, or stalking.

In the coming months, the Task Force will complete a right to vacate for military service kit, a right to vacate for death of sole occupant kit, a landlord’s lien against personal property kit, a rent determination kit, and a landlord’s immediate possession kit. Once these are complete, they will be submitted to the Court for review.

The Task Force previously submitted an eviction kit to the Court in December 2018.

It was presented to the Supreme Court Advisory Committee on September 14, 2019, which approved the kit with a few minor edits, and ultimately submitted it to the Court on November 14, 2019.

Probate The Probate Forms Task Force, chaired by Judge Polly Jackson-Spencer, continues to meet monthly. Currently, the Task Force is finalizing the application, affidavit, and order associated with the Small Estate Affidavit. They are also completing the forms related to Muniment of Title, which include the application, proof of death testimony, testimony by subscribing witness, testimony of Decedent’s handwriting and Commission Report to the Court, December 1, 2020

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signature, an order, and plain language instructions. The Task Force intends to submit the two kits to the Court within the year.

The Task Force will begin their work on the Transfer of Death Deed Tool Kit once the Small Estate Affidavit and Muniment of Title kits are done.

Protective Order The Protective Order Task Force, co-chaired by Stewart Gagnon and Jeana Lungwitz, has successfully completed their work on the revised Protective Order Kit. The Court approved the revisions on May 1, 2020. It is available on the Court’s website, TexasLawHelp.org, and several other legal aid websites.

The entire Protective Order Kit was recently converted to Word format so that future updates may be made more easily and efficiently.

Uniform Forms The Uniform Forms Task Force did not meet this year. Name Change for an Adult and Name Change for a Child kits were modified according to SCAC feedback and submitted to the Court in the fall of 2019.

Style Guide The Commission is drafting a style guide to promote uniformity among the forms and instructions drafted by the various Forms Task Forces.

Technology The Technology Committee is chaired by Monica Karuturi, General Counsel at CenterPoint Energy.

Snapshot of Access to Justice Technology in Texas: Survey Just prior to COVID-19 shutdown orders, the Committee developed and executed a survey to understand how technology is currently being used to help people access justice in Texas. People often have legal issues and do not even realize it or do not know that there are resources available to help resolve them. The survey goals were to gather data on the kinds of tools that providers are currently using to engage their clients, that courts are using to ensure self-represented litigants have an avenue to resolve their issues, and that non-legal service providers use to help someone with a potential legal problem find appropriate resources. The Committee sent the survey to over 600 individual contacts across Texas and various listservs and networks. The survey had a 30% response rate, which is fairly high, equating to about 200 responses.

Commission Report to the Court, December 1, 2020

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We have identified individuals to follow up with for further conversations. We anticipate that these conversations will be especially enlightening now that the pandemic has radically changed the way our justice system engages technology, especially for remote legal services and court hearings. The Committee intends to hold virtual roundtables with small groups (law librarians, court personnel, legal aid providers, medical-legal partnerships, etc.) to draw out additional information reflected in the survey responses.

This snapshot of technology use in Texas will give the Commission the baseline data needed to identify where we can leverage technology to close access to justice gaps, encourage collaboration, and simplify processes.

COVID-19 Response This pandemic forced the hands of many providers, courts, and users to embrace technology rapidly. Remote offices became a necessity. Securing tools for connecting safely and effectively with clients was equally crucial. As everyone goes through a trial and error process of providing remote services, we are seeing both positive and negative results, including the drawbacks of the digital divide. After discussing some of the immediate technology needs (outside of actual hardware and software), the Committee felt that it could plug in their expertise and help providers by creating a technology resource guide that can be used as a centralized hub of information and a “virtual” help-desk.

At our Tech Center, https://techcenter.texasatj.org, visitors can explore technology resources shared by members of the Texas ATJ community to help manage and maximize remote legal work. All resources on the site have been submitted by community members for community members.

ATJ Tech Principles The Commission has been exploring aspirational access to justice technology principles. The emergence of tech principles is incredibly timely as the pandemic caused everyone in the legal world to embrace technology solutions and accelerated the adoption of platforms to ensure the wheels of justice continued to spin. Now, as we continue to adapt and improve upon the technology solutions the pandemic introduced us to, we have an opportunity to establish a framework to guide courts and other access to justice stakeholders in their use of technology.

The Commission worked with Zach Parker, a pro bono attorney from Vinson & Elkins, to research aspirational technology principles already in existence across the nation.

Parker found and analyzed six sets of guidelines and principles and provided us with background information on common themes among the principles, any opposition encountered, and the implementation process for the principles.

We drafted Texas ATJ Technology Principles to ensure that technology enhances access to justice for everyone seeking a resolution to their legal issues in Texas.

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These proposed principles incorporate examples from other states as well as the recommendations made by the Conference of Chief Justices and Conference of State Court Administrators in the “Guiding Principles for Post-Pandemic Court Technology” released this past summer. We will be reaching out to stakeholders for feedback before seeking adoption of these ATJ technology principles.

B. POLICY AND BEST PRACTICE INITIATIVES Legislative Advocacy The Legislative Committee, chaired by Harriet Miers of Locke Lord LLP, assists the Commission in reducing barriers to the judicial system and in securing adequate funding for legal services to the poor.

Federal Funding for the Legal Service Corporation For FY 2020, Congress passed legislation that included $440 million for the Legal Services Corporation, representing an increase of $25 million from the $415 million appropriated for LSC last year. It is the largest appropriation in actual dollars in LSC’s history. Former LSC President Jim Sandman noted that the increase reflected broad bipartisan support for LSC's mission of promoting the most fundamental of American values: equal justice under law.

The annual ABA Days in Washington planned for April 21-23, 2020, were canceled due to the pandemic. While our Texas team was not able to visit our Congressional delegation in person, our efforts continued in other ways. We sent a letter to our delegation urging increased funding for LSC. The letter was supported by the Texas Supreme Court and signed by 182 current and past Presidents and Chairs of the State Bar of Texas, local and specialty bar Presidents, firm managing partners, recognized leaders among the trial bar, and members of the Texas Access to Justice Commission and Texas Access to Justice Foundation. (See Exhibit I) LSC requested an appropriation of $652,600,000 for FY 2021. This request reflected an increase of $59.6 million over last year’s request of $593 million. Last year, LSC used its 2017 Justice Gap Report as the basis for determining the level of funding necessary to narrow the justice gap. LSC’s FY 2021 recommendation is based on a new “intake census” of all LSC grantees that focused on financially eligible individuals who sought assistance for civil legal problems during a four-week period in 2019. The 2019 intake census showed that 42% of the eligible legal problems presented received no service of any kind—an increase of one percentage point from the 2017 survey.

In June, corporate general counsel from 204 companies sent a letter to the House and Senate appropriations committees supporting funding for LSC, including four companies from Texas: David McAtee (AT&T), Rich Rothberg (Dell Technologies), Jeffrey Melucci (Kimberly Clarke), and Mark Kleinman (Pioneer). LSC previously Commission Report to the Court, December 1, 2020

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received letters of support for their FY 21 budget request from the Conference of Chief Justices, the American Bar Association, and leaders of major law firms.

The House passed an appropriations bill under which LSC would receive $465,000,000 for their FY 2021 Budget. This is a $25 million increase from the previous appropriation. While the Senate has not yet scheduled a vote for their funding bills, Congress passed a Continuing Resolution in September that provides funding for the government through December 11 at fiscal year 2020 funding levels and under the same terms and conditions contained in the fiscal year 2020 appropriations laws.

Federal Funding for LSC’s COVID-19 Response LSC received $50 million in the $2 trillion stimulus package passed by Congress to stabilize households and businesses affected by the coronavirus pandemic. The funding will help LSC’s grantees assist low-income clients facing job losses, evictions, and other problems stemming from the pandemic. Low-income Texans, and many Texans not previously eligible for legal aid, are experiencing the loss of their livelihood, requiring legal assistance with unemployment claims, landlord-tenant problems, and consumer credit. These challenges inevitably affect family stability and exacerbate mental and physical health needs.

State Funding for Basic Civil Legal Services Based on projections for state budgetary needs in the upcoming session, the Legislative Committee’s objective was to educate key legislators about the importance of continued funding for legal aid. This summer, the Commission spearheaded a letterwriting campaign from constituents of Texas legislators who are on the Legislative Budget Board and in other key positions, emphasizing the importance of maintaining legislative funding for legal aid. From the list of the State Bar and ATJ community leaders who acknowledged their support for LSC funding in the spring, we identified each supporter’s Texas legislative representative and senator. We also identified the respective legislative members for the ATJ Commissioners, Texas Access to Justice Foundation Board members, and other ATJ partners and supporters. Each of our priority legislators received at least ten letters in support of legislative funding for legal aid.

The Court continues to prioritize Basic Civil Legal Services (BCLS) by including $18.78 million for BCLS funds over the biennium in its baseline budget. The Court also asked for continued support of $10 million for LASSA and $6 million for Veterans and requested an exceptional item (Exceptional Item No. 3) to include a $3 million per year increase for BCLS to help Texans impacted by the COVID-19 pandemic and an additional $1 million per year for legal services for veterans.

We have already started meeting with legislators to build relationships and let them know how important this funding is and how it helps their constituents. We have

Commission Report to the Court, December 1, 2020

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prioritized visits with legislators involved in the Legislative Budget Board. We have also identified additional members to visit before the session begins in January.

Before COVID-19, we would have been in the early stages of planning an ATJ Breakfast for first and second-term legislators and our ATJ Days in mid-February.

Because of the pandemic, we are exploring other ways of connecting with new legislators and making sure they understand what access to justice is, the importance of legal aid, and securing their support for the Court’s budget request.

State Funding for Legal Aid’s COVID-19 Response In September, Governor Abbott announced the allocation of over $171 million in CARES Act funding to be primarily used for rental assistance for Texans at risk of becoming homeless due to eviction. Of that amount, $4.2 million has been allocated through the Texas Supreme Court to help legal aid and pro bono providers continue to provide much needed legal services to eligible Texans through this pandemic.

Non-Funding Access to Justice Legislative Initiatives The Commission is working on non-funding initiatives for the 87th Legislative Session as well.

•

Debt Claims The Commission has been working with a team of legal, policy, and access to justice experts to generate recommendations to enhance access to justice in consumer debt claim cases. Under longstanding Texas law, wages are exempt from debt collection. Wage protections were established in the Texas Constitution in 1876. These protections have only been amended twice to allow narrow exceptions for garnishment of child and spousal support. However, there is no explicit protection of wages once they are deposited into a bank account. The COVID-19 pandemic highlighted the need to modernize the statutory wage exemption language that establishes a basic living needs exemption to protect wages and ensure that families can cover living expenses while still allowing remaining funds to repay the debt.

•

Confidentiality of Eviction Information During the 86th Legislative Session, the Commission worked on an eviction confidentiality bill (HB 3569 Farrar/SB 519 Zaffirini) that would prohibit eviction filing information to be used against someone. We hope it will be refiled. An eviction on someone’s record makes it extremely difficult to secure safe and affordable housing. Landlords often refuse to rent to someone with an eviction record or penalize them with higher rent rates, regardless of the outcome of the case. An eviction can appear on someone’s record even if they prevailed in court or if the eviction was never ordered. The Texas Veterans Coordinating Counsel included

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eviction confidentiality in its recommendations to the Texas Legislature in October, and there is renewed interest in this issue because of the overwhelming numbers of potential evictions due to the pandemic.

Rules, Legislation, Policies and Procedures Initiatives In addressing systemic issues that prevent access to justice, the Commission regularly reviews policies, procedures, rules, legislation, and other practices that impact the ability of low-income people to achieve a fair and just resolution to their legal issues. The Rules and Legislation Committee, chaired by Lisa Hobbs of Kuhn Hobbs, PLLC, helps achieve this goal.

ATJ Impact Statement and Framework In anticipation of a revision of the JP court rules, the Commission has been discussing how to systematically approach reviewing rules, policies, and procedures that impact access to justice. We believe an important first step is to develop an ATJ policy framework to ensure that access to justice considerations are included and evaluated prior to implementation of any new rule, policy, procedure, or process that affects the justice system. Too often, requirements are imposed that disproportionately burden unrepresented litigants, fail to optimally protect due process rights, and ultimately deny self-represented litigants access to justice. For example, rules not written in plain language are not only hard to understand, they are hard to comply with. Plain language is especially important in justice court rules.

The framework may also include a process for evaluating whether changes should be handled by rule, administratively, or via another mechanism. The Rules and Legislation Committee hopes to start working on the framework next year with the ultimate goal of presenting it to the Commission, the Court, and the Judicial Council.

Language Access The Commission kicked off the year by presenting a 4.5-hour training for the staff of Texas RioGrande Legal Aid over three different days in January and February. The sessions touched on all of the issues that commonly arise in cases involving individuals with limited English proficiency, including applicable state and federal law, preparing a client to work with an interpreter, preparing an interpreter to work with your client, assessing interpreters, depositions with interpreters, objecting to the interpretation during a proceeding, and preserving error. We also provided a virtual training for the Austin Area Translators and Interpreters Association about language access in state and federal courts.

Progress continues on the comprehensive guide to language access for Texas courts.

Though that work slowed when we shifted our focus toward COVID-related issues, we developed language access resources to assist courts in the COVID era, as described earlier in this report.

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Throughout the year, we also provided information and guidance to lawyers in private practice, legal aid, the Texas Justice Court Training Center, and courts regarding language access upon request.

Texas Rule of Civil Procedure 145 Proposed Revisions to TRCP 145 In 2018, the Commission submitted proposed refinements to TRCP 145 and a revised statement of inability to afford payment of costs. The Supreme Court Advisory Committee has completed its review, and the Commission awaits the decision of the Court. Legal aid continues to report problems in the implementation and application of the rule.

Bench/Guide Book and FAQs for Judges and Clerks on Current TRCP 145 The Commission worked with pro bono lawyers Steve Schulman (Partner, Washington, DC office), Elizabeth Scott (Partner, Dallas office), and Lewis Tandy (Associate, Dallas office) from Akin Gump Strauss Hauer and Feld, LLP on a bench book for judges and clerks on the proper use of Rule 145. Legal aid attorneys continue to report instances of clerks refusing to accept Statements of Inability to Afford Court Costs, or denying them without having a judge review it or holding a hearing. They also see judges denying Statements without holding a hearing or without issuing a written order stating the reasons for the denial.

Statements are also reviewed differently by different courts. Some courts count future income or include the homestead when determining income, which is divergent from state and federal practice of excluding those items when determining indigency for public benefits. Knowing this, the Commission saw an opportunity to provide more information on how to apply R145. The bench book also includes a FAQs section to cover commonly seen problems in the state.

The Commission had intended to begin publicizing the bench book but recently learned that the Court may take action on the proposed revisions soon. We will now await those revisions and update the bench book and FAQs prior to release.

The Office of Court Administration has agreed to host the bench book on the OCA website for judges once they have had a chance to review it and approve its contents. We also plan to explore collaboration with the Texas Court Clerks Association, with the goal of distributing the bench book to their membership and presenting at their annual meeting.

Other Rules Projects The Court has also started discussions regarding five rules projects that involve potential amendments to the Code of Judicial Conduct, including the Commission's proposed amendments to Canon 3.B(8) and the proposed court policies on the Commission Report to the Court, December 1, 2020

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treatment of court patrons by clerks and other court personnel. These amendments and court policies were reviewed by the SCAC in 2018.

C. FUND DEVELOPMENT AND AWARENESS Awards The Awards Committee, chaired by Justice Ken Wise, convened in March to review nominations for the 2020 James B. Sales Boots on the Ground Award. The committee next convened in May to review nominations for the ATJ Corporate Counsel Pro Bono Award and in October to select recipients to receive awards at the 2020 New Lawyers Induction Ceremony.

Corporate Counsel Pro Bono Award The Corporate Counsel Pro Bono Award was presented to Scott Young, Managing Counsel of Real Estate & Corporate Transactions at Toyota, via a virtual ceremony hosted by Justice Eva Guzman. This award recognizes an outstanding corporate counsel attorney who actively provides pro bono legal services for Texans with low incomes and promotes pro bono culture within the corporate framework.

Mr. Young has an unwavering dedication to pro bono work inside and outside of his role as Managing Counsel at Toyota Motor North America. He is an exemplary pro bono leader who demonstrates what a corporate counsel lawyer can do within their company and community to increase access to justice for all Texans.

Deborah G. Hankinson Award The Deborah G. Hankinson Award honors local bar associations and young lawyer affiliates that demonstrate a commitment to access to justice in their communities and raising financial support for legal service providers on a local and statewide basis. Due to COVID-19 and the cancellation of the Local Bar Leaders Conference hosted by the State Bar of Texas, this award was not presented this year.

Law School Commitment to Service Award Justice Eva Guzman and Justice Brett Busby presented the Law School Commitment to Service Award at the New Lawyers Induction Ceremony in November to St. Mary’s University School of Law. This esteemed award was created to spotlight a law school that has distinguished itself by actively educating its students about access to justice issues.

St. Mary’s University School of Law has created a culture of service for Pro Bono Leadership through social justice programs, law review journals, and social justiceminded curriculums. They exemplify what is possible to achieve, especially during the crises caused by the pandemic. The school demonstrates leadership, compassion, Commission Report to the Court, December 1, 2020

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innovation, and persistence to provide services regardless of obstacles. These qualities are embodied by their institution, faculty, staff, and students, who actively advocate for Texans with low incomes.

Law Student Pro Bono Award Justice Eva Guzman and Justice Brett Busby will present the Law Student Pro Bono Award at the New Lawyers Induction Ceremony in December. The Law Student Pro Bono Award was created to commend a law student whose pro bono work has made a significant impact on the community and reflects a passion for advocating on behalf of underserved populations.

Leslie Alvarez of St. Mary’s University School of Law was the recipient of this year’s Law Student Pro Bono Award. As a recent graduate from St. Mary’s University School of Law, Ms. Alvarez embodies the spirit of this award. She engages clients with empathy and dignity, models professional interactions for her peers, and brings dedication, thoughtfulness, and personal experience to the organizations she serves.

James B. Sales Boots on the Ground Award The James B. Sales Boots on the Ground Award is given to legal aid or pro bono attorneys who are exemplary advocates and give selflessly of their time and talents to provide legal help to those who would otherwise have no voice. After much discussion of each qualified candidate, the committee voted to present Brandon Crisp of Norton Rose Fulbright and Keri Ward with Texas Advocacy Project with the 2020 James B. Sales Boots on the Ground Award. Due to the cancellation of the in-person 2020 Champions of Justice Gala Benefiting Veterans, the award was presented virtually on June 25th. Justice Eva Guzman and Justice Brett Busby delivered remarks about Mr. Crisp and Ms. Ward and presented the awards.

Mr. Crisp is a litigation attorney with Norton Rose Fulbright in Austin and a graduate, with honors, of the University of Texas School of Law. Mr. Crisp is actively involved in the Austin community. His benevolence encourages other attorneys in the private sector to donate their time and talents to bettering their community.

Ms. Ward graduated from Texas Wesleyan University School of Law in 2010, and her current role is managing attorney at the Texas Advocacy Project. She is a fierce leader in the legal aid community and serves selflessly. She is the embodiment of the “boots on the ground” attitude, and thanks to her service, clients are met with empathy and diligence.

Harry M. Reasoner Justice for All Award Although the Commission’s James B. Sales “Boots on the Ground” award has recognized legal aid and pro bono attorneys in the past, the original intent of the Sales award was to honor attorneys who work in the “trenches” helping low-income people Commission Report to the Court, December 1, 2020

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day in and day out. For this reason, the Commission decided to create the Harry M. Reasoner Justice for All award to honor the work of pro bono attorneys and to honor the work of legal services attorneys through the James B. Sales Boots on the Ground award.

The Harry M. Reasoner Justice for All award is named after Texas legal icon and current Commission Chair, Harry Reasoner. Mr. Reasoner set the bar for pro bono work while leading Vinson & Elkins. Throughout his career, he has shown dedication to donating his time to marginalized clients while maintaining a rigorous trial and appellate docket. His decades-long commitment to pro bono includes creating and implementing many of Vinson & Elkins pro bono programs. He embodies the belief that pro bono work is critically important and that lawyers are part of a profession that comes with obligations, including providing legal help and expertise to those who cannot afford it. During his tenure as Chair of the Commission, he has helped raise millions of dollars to support civil legal aid and brought widespread attention to critical access to justice issues.

The Harry M. Reasoner Justice for All Award is open to Texas attorneys in good standing who offer exemplary pro bono legal services to low-income Texans. The Commission seeks to recognize outstanding attorneys who demonstrate dedication and commitment to providing pro bono legal services for the poor and promoting a culture of pro bono within the Bar. Communications The Texas Access to Commission maintains a Business Facebook page, a Twitter account, an Instagram profile- and new in 2020- a LinkedIn Business Page, in addition to our website, www.texasatj.org.

Website visitors consistently use it as a resource for updated information and toolkits, special events, and programming downloads. Analytics of our traffic shows interactive engagement with both static content and seasonal or rotating programs. For example, the Access to Justice Internship Program and Pro Bono Spring Break announcement posts and follow-up posts attract consistent engagement.

The website offers information in a hierarchy of structured pages, while the social media sites remain a more informal communication resource for bringing attention to state and national access to justice issues, sharing the latest Commission news and press releases, and highlighting Commission events and activities from our partners and legal aid providers.

The global COVID-19 pandemic has influenced our social media content as we seek to educate the public about the latest developments in common legal aid challenges, such as unemployment and safe working conditions, evictions, domestic violence, and where to access resources for legal help. A post of the Legal Help for Texans Assistance Hotline post on Facebook in April reached the highest number of people with nearly 1,900 Commission Report to the Court, December 1, 2020

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impressions. The following media released on Instagram and Twitter complemented the April Facebook post:

On February 14, 2020, we noted active user engagement around our Legal Deserts Map, a visual representation of the counties in Texas that lack lawyers. The map was posted in tandem with a panel discussion at the American Bar Association Midyear Meeting in Austin:

We conducted several social media campaigns this year, including a campaign around the release of the revised Protective Order Kit (#POKitTexas) in May, the James B. Sales Boots on the Ground Award in June, the State Bar of Texas Pro Bono Excellence Awards in June, and the Champion of Justice Law Firm Competition Winners and Finalists in October.

Here are a few samples of public awareness, as indicated by the number of impressions and media engagement:

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For the virtual awards presentations, we coordinated with award recipients to add photos and tag their organizations to the graphics we developed. We accomplished our goal of “celebration,” and engagement increased during this period.

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Overall, these campaigns resulted in an increase in activity on our website, with individuals accessing links to our programming, awards, and other essential information available at www.TexasATJ.org.

In terms of social media engagement, the Commission’s Facebook page has experienced a 17% increase in page follows and a 5% increase in individual page likes. We have also had a 15% increase in Twitter followers and a 15.5% increase in Instagram followers.

Currently, our Facebook page has 2,118 followers and 1,889 likes. We have 1,218 Twitter followers and 407 Instagram followers. In October, we created a new LinkedIn business page to reach law firms and attorneys active on this platform.

We increased brand recognition, user interaction, return followers, and audience growth in social media numbers by maintaining a regular and breaking news content schedule with posts expanding our reach with attorneys, firms, legal aid providers, law students, and stakeholders. We also keep a close eye on our editorial calendar, emerging events, Commission Report to the Court, December 1, 2020

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and useful information for the legal access community and distribute this information across all platforms and in a steady stream throughout the week. We release topicspecific campaigns, hashtags, and efforts to capture traffic related to current events and breaking news while maintaining our core values and access to justice goals.

Development and Fundraising Efforts 2020 Justice for All Campaign The Commission is delighted to report that the Justice for All Campaign, conducted annually by the Commission to encourage lawyers to support access to justice when they make their dues payment, raised over $1.4 million this year – the highest amount ever raised. The Commission conducts the campaign annually to encourage lawyers to support access to justice when making their dues payment. We concentrated much of our efforts on retaining last year’s donors and reviving donors who had given in prior years but not last year. We are pleased to say that this strategy was a success.

More than 10,500 lawyers made a charitable contribution, which is 1,000 more than had previously given in any one year.

Champion of Justice Society The Commission established the Champions of Justice Society in 2012 for individuals who wished to show their strong support of access to justice in Texas. Membership levels are Guardian ($1,000 per year for five years), Hero ($1,000), Defender ($500$999), and Advocate ($250-$499). At the time, the goal was to raise enough funds to cover the average starting salary for one legal aid attorney, or about $50,000. As of November 2020, there are 426 COJ Society members, which is 85 more members than in 2019.

While we were unable to host our annual ATJ Reception due to the cancellation of the State Bar’s Annual Meeting, we did honor our then COJ Society members in the October issue of the Texas Bar Journal (See Exhibit J).

Champions of Justice Law Firm Competition Each year, we host the Champions of Justice Firm Competition for firms participating in the State Bar’s firm billing process as a way to offset the decline in giving that sometimes accompanies the automation of the dues payment process. The Firm Competition was held April 6-16, although any firm attorney who made a contribution through July 31 was counted towards the firm’s totals.

We were unable to host a reception to honor our Firm Competition winners, however, we published an ad in the October issue of the Texas Bar Journal (See Exhibit K), sent the winning firms an award by mail, and promoted the winners through a social media campaign.

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Champion of Justice Gala Benefitting Veterans The Champions of Justice Gala Benefitting Veterans was held virtually on April 28, 2020. General Raymond A. Thomas III, who formerly served as the 11th Commander of the U. S. Special Operations Command (USSOCOM), was the keynote speaker.

This year’s gala raised more than $422,500. The State Bar of Texas generously underwrites much of the expense, making it possible for most of the proceeds to provide direct civil legal services to veterans through grants administered by the Texas Access to Justice Foundation.

Co-Chairs of the 2020 event are: • • • • • • •

Jerry Clements, Locke Lord LLP Randall Ebner, Exxon Mobil Corporation Thomas Leatherbury, Vinson & Elkins LLP David McAtee II, AT&T Inc. Richard Mithoff, Mithoff Law Firm Stephen Mount, H-E-B Carlos Zaffini, Adelanto HealthCare Ventures, LLC

If we are able, the 2021 Champions of Justice Gala Benefitting Veterans will be held on Tuesday, April 6, 2020, at the AT&T Executive Education and Conference Center in Austin. If it is not safe to host an in-person event, we will pivot to a virtual gala, as we did this year. A keynote speaker has not been selected at this time.

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Exhibit A

Best Practices for Courts in Zoom Hearings Involving Self Represented Litigants Here are some quick tips on best practices for handling cases involving self-represented litigants (SRLs) on a remote basis.

1. Important Information: a. Lack of Internet or Reliable Internet: Many people do not have access to the internet, or reliable internet, in the home. Public access to the internet via libraries, coffee shops, and other local options is problematic due to privacy issues and may not currently be an option due to stay in place orders. b. Limited Phone Data/Call Minutes: Some people may only have phones with a limited number of call minutes or data plan minutes, so they may not be able to use their phones to participate in a video hearing or even to participate by phone. You may need to work with the litigant to determine how they can have meaningful participation in the hearing. We do not have a solution for this problem, and welcome your ideas c. Email: Some SRLs may not have email. Those who have an email address may not be able to check their email due to a lack of internet access. Those who have access to their email may not understand the importance of checking their email regularly for information about their case. Please explain the need to check email daily or arrange an alternative way to contact SRLs for notice of upcoming hearings. d. Consequences of Failing to Act: Many people do not understand the consequences of failing to respond to a case or act timely in a case. Please explain these consequences to litigants. e. Plain Language. When communicating orally or in writing with a SRL, please use language at a 3rd grade reading level when possible. Short, clear sentences are best. Avoid legalese (for example, most people do not know what “default” means), terms of art, and acronyms. The National Association for Court Management developed a Plain Language Guide in 2019 on how to incorporate plain language into court forms, websites and other materials that may be useful to you. f. Caretaker Responsibilities and Privacy Concerns: Many schools, preschools, day care centers, in-home nursing care and the like have closed. Due to social distancing and stay at home orders, people may not have access to a friend or family member who can take over these responsibilities during a hearing. Be sensitive to a litigant’s ability to participate in a hearing without interruption. Privacy concerns are especially important in cases involving domestic violence or children in the household. Make reasonable accommodations to address privacy concerns and a litigant’s need to give medication to a family member, feed a baby, etc.

2. Notice of Hearing and Materials to Provide with Notice to SRLs a. Send written notice in plain language by mail to the address on file when possible. i. Comment: Email notice is challenging for the above-mentioned reasons. b. Contents of Notice of Hearing. i. Make sure your form notices state that the hearing will occur by video conferencing software, Zoom, and that the party should not to appear in person at the courthouse. ii. Make sure to include basic information on what technology and equipment will be needed to participate in the hearing – such as reliable access to the internet, a phone,

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c. d.

e.

f.

g.

laptop, tablet, desktop, etc. – and what to do if they do not have access to those things. iii. Include a short notice in Spanish, and any other languages that are common in your court, instructing SRLs with limited English proficiency to contact the court to get language assistance such as translation of the notice and the materials provided with the notice.

Instructions on How to Use Zoom + Contact Person: Provide step-by-step instructions in plain language on how to access and use Zoom, including contact information for a person who can assist them if needed. Email alone is not helpful for those without internet.

Information on Court Procedure + Contact Person: Provide step-by-step information in plain language on court procedure for hearings, including how to submit exhibits for the hearing and contact information for a person who can assist them if needed. i. Note: TAJC has included basic information on court processes and procedure in its Tips for Self-Represented Litigants in Zoom Hearings that can be modified to accommodate your local rules and processes and distributed to litigants.

Provide a way for SRLs to inform the court of the following: i. Their phone number and email address, if any; ii. Lack of internet or reliable internet; iii. Lack of ability or limited ability to access the hearing by phone; iv. Lack of ability to submit evidence electronically; v. Lack of childcare or coverage for other caregiver responsibilities; vi. Whether they are ready to have the hearing or need a continuance; vii. How long they think the hearing or trial will take to present their side of the story, including witnesses and evidence; viii. Whether they need any ADA accommodations (Coming Soon – an addendum on accommodations); ix. Whether they, or a witness, needs an interpreter, and if so, what language(s); and x. How many witnesses they want to testify on their behalf.

Develop a Plan B i. Develop a way to handle hearings involving SRLs or parties without reliable access to the internet, phone, tablet, laptop or desktop computer. ii. Develop a plan for handling virtual hearings when technological difficulties make it impractical to continue the hearing.

Provide a list of legal resources serving your area: i. 2019-2020 State Bar Referral Directory. The Legal Access Division of the State Bar of Texas publishes a list of local and statewide legal aid and pro bono providers as well as lawyer referral services in their Referral Directory. ii. Texas Law Help. The Texas Legal Services Center, a legal aid organization, hosts Texas Law Help, a website that provides free information and resources, including a LiveChat feature for low-income people.

3. Hearings: a. At the beginning of the hearing: i. Address potential technical difficulties.

1. Ask litigants about the reliability of their computer, internet, or phone.

2. Tell litigants what to do if they experience problems with their internet, computer, or phone, such as instructing the litigant to click on the Zoom link again if their connection drops, or to call back in to the Zoom number provided.

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3. Provide litigant with a call back number not associated with the Zoom hearing in case they cannot reconnect.

4. Obtain the litigant’s phone number or other emergency contact in case it is needed. ii. Assess need for ADA accommodations or an interpreter.

1. Ask litigant if they need ADA accommodations or an interpreter.

2. Address as needed. iii. Caretaker responsibilities and privacy issues.

1. Ask litigant if there any caregiver responsibilities or privacy issues.

2. Invite them to let you know if these issues arise during the hearing. iv. Overview of hearing.

1. Review what will happen during the hearing in plain language.

2. Provide information about the proceeding and any procedural requirements involved, including how to upload evidence. If the litigant is participating by phone only, tell the litigant how to provide their evidence to the court. b. During the hearing: i. Oath. If a party is unable to participate by video, have them recite the oath while on the phone rather than require a notary. It is impossible to have a notary present when stay in place orders exist. Additionally, if the litigant does not have access to the internet at home or a computer, they likely do not have the funds to pay a notary. ii. Reasonable Accommodations. A judge may make reasonable accommodations to ensure all litigants the right to be heard without violating the duty to remain impartial. A judge may consider the totality of the circumstances, including the type of case, the nature and stage of the proceeding, and the training, skill, knowledge, and experience of the persons involved when making reasonable accommodations.

For example, a judge may: 1. Construe pleadings and briefs liberally, 2. Ask neutral questions to elicit or clarify information, 3. Modify the mode and order of evidence as permitted by the rules of procedure and evidence, including allowing narrative testimony, 4. Explain the basis for a ruling, and/or 5. Inform litigants what will be happening next in the case and what is expected of them. c. At the end of the hearing i. Litigant’s email address.

1. If litigant has access to reliable internet at home (not through a library or public place), ask litigant if they have an email address.

2. If so, tell them that notices of future court hearings will be emailed to the email address they gave you.

3. Admonish them to check it daily and warn them of the consequences of missing a hearing.

4. Tell them how to contact the court if their access to internet or phone number changes while their case is pending. Many people will lose access to their phones and internet if they lose income due to COVID-19. If that happens, they will need to receive notices by mail. ii. Review next steps. Tell the litigants what will happen next, what is expected of them, and inform them of the next hearing date, if known.

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Appendix A Accommodations for Persons with Disabilities

By Brian East, Senior Attorney, Disability Rights Texas

1. Introduction The ADA and other laws apply to state and local courts, 1 as well as to attorneys. 2 These laws prohibit disability discrimination, and generally require that courts and lawyers provide equal access and an equal experience. Specific obligations include: • Providing auxiliary aids and services (e.g., interpreters, captioning) to ensure effective communication • Providing accessible electronic and web content • Providing reasonable modifications to policies and practices • Avoiding criteria or methods of administration that have a discriminatory impact (whether done directly or via contracts, etc.)

2. Give instructions for requesting modifications or auxiliary aids and services • Invite people to ask for any modifications or auxiliary aids and services • Describe in detail how parties should make the request • Do not require a specific form or rigid adherence to the court’s preferred process for requesting accommodations • Avoid inflexible deadlines if possible • Make sure the information is available in accessible formats 3. When attorney, party, or witness is blind or has low vision • Ensure that web pages are accessible to and usable by screen-reader technology 3 • Use a video platform that is usable by screen-reader technology (Zoom is considered generally accessible to blind individuals who use screen readers) • Make sure that any documents being used, including exhibits, are in accessible formats o Word and PowerPoint documents have built in accessibility checkers o PDF documents are only accessible if the Select Text function works (i.e., OCR) • Ensure, to the extent possible, that any documents are circulated in advance o Understand that Share Screen functions may not work for individuals who are blind o Understand that functions done during the hearing such as zooming in and highlighting may not translate • Design any kiosks with accessible features (e.g., “talking,” etc.) 4

42 U.S.C. § 12131(1).

42 U.S.C. § 12181(7)(F).

3 An accessible website generally means it complies with WCAG 2.0 Level AA. See 1 T.A.C. § 206.70(a). See also Accessibility Policy of the Texas Judicial System is online at https://www.txcourts.gov/site-policies/accessibilitypolicy/.

4 For an example of an accessible kiosk, see the 2010 ADA Standards for Accessible Design, Sec. 707 (“Automatic Teller Machines and Fare Machines”), available online at https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#pgfId-1006537.

1 2

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4. When attorney, party, or witness is deaf or hard of hearing • Determine the primary or preferred method of communicating (e.g., American Sign Language; Signed Exact English, real-time captioning [CART], etc.)

• Have ongoing contracts with interpreting and captioning services • When the primary method of communication is sign language: 5 o Remember state law requirements for interpreters 6 o Arrange for interpreter team to join video hearing as official interpreters o Ensure that interpreters are court-certified and fluent in the relevant sign language o Do not use the telephone “relay” service for interpreting o Do not use back and forth writing with deaf individuals unless they request it o Do not rely on lip-reading o Avoid using TTD or TTY machines • If the deaf individual has an attorney or advocate: o Ask attorney/advocate if she will be using a “table” interpreter (i.e., a separate interpreter for private discussions) o Be prepared to place advocate, client, and table interpreters into a private “room” for confidential discussions • For real-time captioning:7 o Use a professional CART provider rather than assuming a court reporter can do it o Avoid automated captioning services or programs • Lip-reading: o Do not rely on lip-reading for deaf individuals who primarily communicate by sign o Occasionally, individuals who are hard of hearing (and particularly those who do not sign) do use lip-reading as part of their communication process, and if that is the case, make sure that speakers are close enough to the camera and well lit.

5. Other Common Modifications/Accommodations • • •

• •

Recognize that some individuals will use a telephone to connect, and may have no webcam.

Ensure that materials and information use plain language.

Even after courts re-open, consider remote attendance if needed as a reasonable accommodation because some people have the needed equipment at home and prefer to use it due to familiarity, etc.

If remote attendance is impossible, consider continuing the hearing to a time that minimizes risk of exposure to COVID-19.

If remote attendance is impossible, consider relocating to a place that allows more distancing.

The ABA’s Commission on Disability Rights has published step-by-step instructions for using interpreters on the Zoom platform, available online at https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/covid/zoomaccessibility.pdf.

6 See https://www.txcourts.gov/lap/.

7 The ABA’s Commission on Disability Rights has published step-by-step instructions for providing Closed Captioning on the Zoom platform, available online at https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/covid/zoomaccessibility.pdf.

5

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Appendix B Language Access and Remote Interpretation Litigants and other court patrons who have limited English proficiency need language assistance services such as interpretation and translation to access the courts and resolve their legal problems. The same laws and rules about language access in Texas courts still apply when courts are partially closed and many proceedings are virtual. Below is a recap of the relevant law and some quick tips on best practices for how to provide meaningful access to justice for LEP persons in remote hearings. Many of these recommendations are also best practices under normal circumstances.

1. Important Terms • Limited English Proficient – Individuals who do not speak English as their primary language and who have limited ability to read, speak, write, or understand English can be limited English proficient, or "LEP." It is important to note that someone can be English proficient in certain contexts but not in others. For example, they may know enough English to accomplish basic tasks like small talk and grocery shopping, but not enough to understand what the teacher is saying at a parent conference or participate in a court proceeding. The English proficiency needed in legal settings is much higher than what most people need in typical daily encounters, which is why legal information and court proceedings can be difficult even for many native English speakers to understand, and why people who know some English often need language assistance services in court. See below for some sample questions to help you assess whether a person would benefit from an interpreter in court.

• Language access – An umbrella term encompassing the idea that people with limited English proficiency (LEP) are entitled to meaningful access to programs and services. It implies the existence of laws and policies and the availability of services and supports to ensure that access is not significantly restricted, delayed, or inferior as compared to English proficient individuals.

• Interpretation – When a competent interpreter listens to something in one language (source language) and orally translates it into another language (target language).

• Translation – When a competent translator renders written text from one language (source language) into an equivalent written text in another language (target language).

• Sight translation - The reading of text written in one language (source language) by a competent interpreter who orally translates it into another language (target language).

• Vital document - A document that contains information critical for obtaining access to justice. Some examples of vital documents that courts may need to translate to ensure that LEP individuals are provided meaningful access can include information about and applications for programs, benefits, or services; intake forms; court forms; consent or complaint forms; notices of rights; letters or notices that require a response or responsive action; or orders that prohibit or compel conduct; and information about language assistance services.

• Simultaneous interpretation - When a competent interpreter listens to something in one language (source language) and orally translates it into another language (target language) in real-time without pauses.

• Consecutive interpretation – When a competent interpreter listens to something in one language (source language) and orally translates it into another language (target language) while the speaker pauses to allow for the interpretation before continuing.

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2. State and Federal Law Title VI of the Civil Rights Act of 1964 Title VI and its implementing regulations prohibit national origin discrimination in court programs and services, whether criminal, civil, or administrative. 8 The regulations prohibit discriminatory conduct such as providing a service or benefit that is different, or provided in a different manner, from what is provided to others under the program or that restricts in any way the enjoyment of any advantage or privilege enjoyed by others under the program on the basis of national origin. 9 The regulations also prohibit administering programs in a manner that has the effect of discriminating in those ways or “substantially impairing accomplishment of the objectives of the program” based on national origin. 10 In 1974, the U.S. Supreme Court held that Title VI’s prohibition against discrimination on the basis of national origin includes discrimination against LEP individuals based on language. 11 This means that courts must “ensure that LEP parties and witnesses receive competent language services … At a minimum, every effort should be taken to ensure competent interpretation for LEP individuals during all hearings, trials, and motions during which the LEP individual must and/or may be present.” In situations where courts typically rely on written communication, translating documents that are vital to providing meaningful access is also required. 12 Language assistance must be provided free of charge. 13 Texas Government Code Chapter 57 Section 57.002 defines when a judge must appoint a licensed court interpreter 14 and when a judge may appoint an unlicensed court interpreter. It also describes the minimum criteria an unlicensed interpreter must meet to be appointed in a court proceeding. It applies to all courts and both civil and criminal proceedings. Because the language of the statute has become somewhat convoluted over the years, we have summarized its requirements in the charts below for simplicity’s sake.

The first chart illustrates when a judge is required to appoint an interpreter and when the judge has discretion to appoint an interpreter. The second chart is for after a judge decides to appoint an interpreter either because a motion was filed, a request was made, or the judge decided sua sponte that an interpreter is needed to provide meaningful access to the proceeding for an LEP person. It illustrates when a judge must appoint a licensed court interpreter and when a court has discretion to appoint an unlicensed court interpreter. It also shows what minimum criteria an unlicensed court interpreter must meet to interpret in a Texas court proceeding.

42 U.S.C. § 2000, et seq 28 C.F.R. § 42.104(b)(1) (Aug. 26, 2003).

10 28 C.F.R. §§ 42.104(b)(2), 42.203(e) (1966).

11 Lau v. Nichols, 414 U.S. 563, 569 (1974).

12 Id. at 41,463.

13 Id. at 41,462.

14 There are two types of licenses for Texas court interpreters: a basic license that authorizes you to interpret in municipal and justice courts, and a master license that authorizes you to interpret in any Texas court. When you hire a licensed interpreter, be sure they hold the appropriate license for your court.

8 9

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Step One: Are you required to appoint an interpreter?

When to Appoint an Interpreter According to Tex. Gov. Code § 57.002 Court must appoint an interpreter

Court may appoint an interpreter

When a party files a motion for an interpreter or a witness requests an interpreter in a civil or criminal proceeding. 15 16

Upon its own motion for an LEP person. 17

Step Two: Does the interpreter have to be licensed? If not, what criteria must the interpreter meet?

Appointing a Licensed v. Unlicensed Court Interpreter According to Tex. Gov. Code § 57.002 County with population of at least 50,000 18

County with a population under 50,000

County to which Section 21.021 of Tex. Civ. Prac.

Rem. Code applies 19

Must appoint a licensed court interpreter

When language is Spanish

No

No

May appoint an unlicensed court interpreter

1. When language is not Spanish; 2. The judge makes a finding that there is no licensed court

If the interpreter is:

If the interpreter is:

a. qualified by the court as an expert under the Texas Rules of Evidence;

a. qualified by the court as an expert under the Texas Rules of Evidence;

15

Tex. Gov. Code. Sec. 57.002(a).

Tex. Gov. Code Sec. 57.001(7) states a “court proceeding” “includes an arraignment, deposition, mediation, court-ordered arbitration, or other form of alternative dispute resolution.”

17 Tex. Gov. Code Sec. 57.002(b). Note the statute does not specify that the person must be a party or a witness.

An example of a situation where a court may elect to appoint an interpreter for an LEP person who is not a party or witness is when the parent of a minor who is a party or witness has limited English proficiency and needs an interpreter to comprehend the proceeding affecting his or her child. In some cases involving minors, state law includes parents and guardians in the definition of “party” or “plaintiff,” but the court may appoint an interpreter for the parent even in cases where they are not explicitly a “party.”

18 The counties with a population over 50,000 that aren’t subject to Tex. Civ. Prac. Rem. Code Sec. 21.021 are Anderson, Angelina, Bastrop, Bell, Bexar, Bowie, Brazoria, Brazos, Cherokee, Collin, Comal, Coryell, Dallas, Denton, Ector,* Ellis, Fort Bend, Grayson, Gregg, Guadalupe, Hardin,* Harris, Harrison, Hays, Henderson, Hood, Hunt, Johnson, Kaufman, Kerr,* Liberty, Lubbock, McClennan, Midland, Montgomery, Nacogdoches, Orange, Parker, Potter, Randall, Rockwall, Rusk, San Patricio, Smith, Tarrant, Taylor, Tom Green, Travis, Van Zandt, Victoria, Walker, Wichita Williamson, and Wise. Those denoted with an asterisk were added to the list based on 2017 5-year estimates from the Census Bureau. All other counties already had a population of at least 50,000 in 2010 when the last census was completed.

19 At this time, Sec. 21.021 applies to Cameron, Culberson, El Paso, Galveston, Hidalgo, Hudspeth, Jefferson, Maverick, Nueces, Starr, Terrell, Val Verde, Webb, and Zavala counties.

16

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interpreter available within 75 miles; and 3. If the interpreter is: a. qualified by the court as an expert under the Texas Rules of Evidence; b. at least 18 years of age; and c. not a party to the proceeding.

b. at least 18 years of age; and c. not a party to the proceeding.

b. at least 18 years of age; and c. not a party to the proceeding.

Code of Criminal Procedure 38.30 Requires a court to appoint an interpreter upon a party’s motion or upon the court’s motion if the accused or a witness does not have English proficiency. 20 Before Section 57.002 became law, “any person” could be appointed as an interpreter in criminal proceedings regardless of their qualifications. However, as of 2001, when a court appoints an interpreter in a criminal proceeding, the interpreter must fulfill the requirements of 57.002. 21 The statute also requires the county to pay for the interpreter in criminal proceedings.

Texas Rule of Civil Procedure 183 A court may appoint an interpreter and may tax the interpreter fee as costs unless the law provides otherwise or the litigant has filed an uncontested Statement of Inability to Afford Costs pursuant to Tex. R. Civ. Proc. 145.

Texas Rule of Civil Procedure 145 A party who files a Statement of Inability to Afford Payment of Court Costs cannot be required to pay costs except by order of the court supported by detailed findings that the declarant can afford to pay costs issued after an oral evidentiary hearing. “Costs” as defined by Rule 145 include the fees 20

Tex. Code of Crim. Proc. Art. 38.30(a).

Ridge v. State, 205 S.W.3d 591, 596-597 (Tex. App.—Waco 2006, pet. ref’d) (holding that a trial court has an independent duty to appoint a licensed interpreter if the court is made aware that a defendant or witness does not understand the English language, unless the defendant expressly waives the right to a licensed interpreter); Franco v. State, No. 04–16–00090–CR, 2017 WL 781033 at *1-*2 (Tex. App.—San Antonio 2017, pet. ref’d) (the appointment of an interpreter by a trial court is governed by section 57.002 of the Texas Government Code and article 38.30 of the Texas Code of Criminal Procedure). See also Op. Tex. Att’y Gen. No. JC-0584 (2001) (concluding that when a court appoints a spoken-language interpreter in a criminal case, chapter 57 establishes the requisite interpreter qualifications. Therefore, the interpreter must be licensed under chapter 57 unless the section 57.002(c) exception applies.).

21

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for an interpreter or translator. Therefore, LEP parties who file a Statement of Inability to Afford Payment of Court Costs must not be charged for the language assistance services they need to have meaningful access to the court.

3. Remote Hearings Zoom Interpretation can be provided remotely in virtual proceedings on Zoom both simultaneously and consecutively. 22 Zoom allows for simultaneous interpretation by providing a separate audio channel that only the LEP person will hear. You can also use “breakout” rooms when an interpreter is needed for an attorney and client to have a private conversation during a proceeding. See Appendix C, How to Use Simultaneous Interpretation in Zoom Proceedings for detailed instructions about remote interpretation in Zoom for more information about scheduling the proceeding with an interpreter and using the interpreter controls during the proceeding.

What to do Before the Proceeding • Notice – As mentioned in the Best Practices for Court in Zoom Hearings Involving SRLs, include with your notice Spanish (and any other languages common in your jurisdiction) instructions about how to contact the court for language assistance. Using an interpreter icon can also help LEP persons who speak languages other than Spanish or who have low literacy. Language assistance may include translation or sight translation of the notice and interpretation for the proceeding(s).

• The LEP Person – When you learn an LEP person will need an interpreter for a remote proceeding, confirm their preferred language to ensure you select an interpreter that will be able to communicate with them. Be sure to find out if they need any specific dialect. Some languages vary greatly between dialects. Also determine if the person has the technology they need to participate remotely. The simultaneous interpretation feature in Zoom will only work if the LEP person is able to join via the internet through a computer or other device. It will not work if they call in over the phone. They will need stable access to the internet and the latest version of Zoom to participate. 23 If they don’t, you can still use a remote interpreter via Zoom, but the interpretation will need to be consecutive instead of simultaneous and you will need to plan for a longer proceeding.

• The Interpreter o Selecting an Interpreter: After confirming the preferred language of the LEP person, you will need to select an interpreter. If you already have an interpreter for your court in the language you need, this will be easy. If not, you may be able to find an interpreter through an existing contract your court or county already has, or you may need to hire an interpreter independently. If the language is Spanish and the proceeding is going to be short, you can use OCA’s Texas Court Remote Interpreter Service (TCRIS) to schedule a free interpreter. For remote proceedings you also have the option of hiring licensed interpreters from anywhere in the state. 24 Similarly,

22

Most Texas courts are using Zoom for remote proceeding so we are focusing on Zoom here. If your court is using a different platform such as WebEx and you need help developing protocols for remote interpretation, you may contact the Texas Access to Justice Commission by emailing atjmail@texasatj.org.

23 Some of the earlier versions of Zoom do not include the interpreter function.

24 Other options for finding competent interpreters are the Texas Association of Judiciary Interpreters and Translators, Metroplex Interpreters and Translators Association, Houston Interpreters and Translators Association, Best Practices for Court in Zoom Hearings Involving SRLs, Page 10

o

o

o

o

o

where the law allows you to hire an unlicensed interpreter and a licensed one is not available, you can hire an interpreter from anywhere without incurring travel costs.

Just remember that even unlicensed interpreters must meet the minimum requirements in Section 57.002.

Sample Questions to Help Assess Interpresters: These questions can be used to assess an interpreter you are considering hiring for a proceeding or to assess an interpreter prior to appointing them and swearing them in during the proceeding. 25  Are you a Texas licensed court interpreter?  What is your license level and number?  How long have you been an interpreter?  How many times have you interpreted in court?  What credentials or specialized training do you hold?  Describe the Texas Code of Ethics and Professional Responsibility for Licensed Court Interpreters.

Best Practice Tip: Please note that if the proceeding is expected to be long or complex, the best practice is to hire two interpreters to interpret as a team by switching off approximately every 30 minutes. This is because the cognitive load of interpreting for long stretches is very taxing and the longer an interpreter interprets, the more likely they are to make mistakes. In fact, the accuracy of most interpreters begins to show a measurable decline after 30 minutes of interpreting.

The cognitive load of remote interpretation is even higher than on-site interpretation, so team interpretation may be even more useful for longer remote proceedings. Taking regular breaks is another option if you are unable to use an interpreter team for a long or complex proceeding.

Technology Needs for Interpreter: In addition to ensuring that the interpreter you select meets the requirements of Section 57.002, for remote proceedings you will also want to ensure that they have what they need to minimize the chances of any problems with the technology that could cause a delay. For example, they will need a computer or other device, webcam, headset and the latest version of Zoom on their device, as well as stable internet access and a place to work with minimal background noise and distractions. If they have never used Zoom for remote interpretation before, you may wish to arrange a practice run with them prior to the proceeding to ensure everything is going to work properly. 26 Provide Pleadings or Documents: Provide the interpreter with the pleadings or other documents that are relevant to the proceeding to familiarize themselves with names, parties, and unique vocabulary.

Inform Litigant: Once you have arranged for the interpreter, let the litigant know in their preferred language that you have done so. Knowing there will be an interpreter can help reduce the anxiety for the litigant and give them an opportunity to focus on other aspects of preparing for their proceeding.

El Paso Interpreters and Translators Association, Austin Area Translators and Interpreters Association, National Association of Judiciary Interpreters and Translators, and American Translators Association.

25 Here is an example video of assessing an interpreter prior to appointing them and swearing them in: Example of Court Interpreter's Interview to Verify Credentials.

26 You may wish to share this video from the University of Arizona National Center for Interpretation with the interpreter. It is geared toward interpreters and provides a detailed explanation of using Zoom for remote interpretation: Expanding your Toolbox: Using Zoom for Remote Simultaneous Interpreting (RSI).

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During the Proceeding • See Appendix C, How to Use Simultaneous Interpretation in Zoom Proceedings for detailed information about using the interpretation features and conducting a remote hearing in Zoom.

• Explain the role of the interpreter to the LEP person including the following: o The interpreter will interpret everything said in the proceeding with no additions, omissions, explanations, or personal input. o The interpreter cannot give advice, make suggestions, or engage in private conversation with the LEP person. o The LEP person should raise a hand if s/he has a question or does not understand something during the proceeding rather than asking the interpreter to explain it.

• Perform a sound check including allowing the interpreter and LEP party to assess whether they can hear and understand each other.

• Instruct participants on these best practices before you begin: o Speak slowly, clearly, and one at a time. Whenever possible use plain language and avoid “legalese” and unnecessary terms of art. o Speak directly to the participants as you normally would in court, not to the interpreter. o Do not ask the interpreter to explain or restate what the LEP person said. o During consecutive interpretation such as witness testimony, use short, complete sentences and pause after each complete thought to allow for interpretation. o Open any statement to the interpreter with “Mr./Ms./Mx. [Interpreter Name]” or “Mr./Ms./Mx. Interpreter” to alert the interpreter that they are being addressed. o Encourage the interpreter to request repetitions or clarifications as needed throughout the proceeding. o Attorneys representing LEP litigants may use a Zoom breakout room to consult with their client if necessary. If they need an interpreter, the interpreter will be able to join them in the breakout room. o Immediately alert the court if they are unable to hear or understand the participant who is speaking, or if the equipment they are using is not working properly. o Instruct all participants about what to do if they get disconnected due to a problem with the internet or other technology including providing contact information for a staff person who will be responsive if needed. o Give basic instructions about what the participants can expect and need to do to use the interpreter mode in Zoom.

• Ask the interpreter to say and spell their name for the record and what type of license they hold, if any, and to state their license number for the record.

• Administer the interpreter’s oath.27 • Red Flags: During simultaneous interpretation only the LEP person will hear the interpretation, but during consecutive interpretation be aware of these red flags that may indicate poor quality interpretation: o The interpretation is much longer or much shorter than what was said in the source language.

27

Tex. R. Evidence 604 requires that interpreters are qualified and take an oath. Sample interpreter’s oath: “Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Code of Ethics and Professional Responsibility; follow all official guidelines established by this court for legal interpreting; and discharge all of the duties and obligations of legal interpretation?”

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The LEP person repeatedly asks for repetition or clarification.

The LEP person appears to be correcting or disagreeing with the interpreter.

The LEP person attempts to speak in English without using the interpreter.

The interpreter doesn’t seem to have a strong command of English.

There are non-verbal cues on the part of the interpreter or LEP person that indicate there is some sort of problem. o The interpreter doesn’t appear to take notes, especially for names, numbers, and long segments of speech. o The interpreter seems to be engaging in side conversations. o The interpreter has an inappropriate facial expression or tone. This could indicate the interpreter is not neutral or is biased in some way that could affect the accuracy of the interpretation. o The interpreter answers for the LEP person or attempts to explain or elaborate on the LEP person’s answer. o The interpreter attempts to modify or discredit the LEP person’s answer. o The LEP person appears unusually uncomfortable or confused or has an inappropriate facial expression or tone.

When Party or Witness Has Difficulty Communicating: If you are in a proceeding without an interpreter and a litigant or witness is having difficulty communicating, these are some questions you can ask to assess whether an interpreter may be needed. Avoid questions that can be answered with a yes or no and try using questions that are slightly more complex to approximate the type of language that is common in court. If the person has difficulty answering these questions in a meaningful way, an interpreter is recommended. o Please tell the court your name. o How did you arrive at court today? o In what language do you feel most comfortable speaking and communicating? o Tell me about your education. o How comfortable are you proceeding with the matter as we are communicating now? o What is the purpose of your court hearing today? o To help me evaluate your English language proficiency, would you be willing to describe for me a scenario in which you may have found it challenging to communicate effectively in spite of familiarity with the content? o o o o o

•

After the Proceeding If there is a written decision or order, especially one that prohibits or compels action of any kind, enumerates rights or responsibilities, or requires a response or action to be taken, it is probably a vital document that needs to be translated for the LEP person. 28

28

See State of Vermont v. Onix Fonseca-Citron, No. 2018-197 (Vt. June 12, 2020) (order granting Defendant’s request for translation of the Supreme Court’s opinion affirming his conviction pursuant to Title VI of the Civil Rights Act of 1964). See also Michael W. Finigan, Ph.D. and Theresa Herrera Allen, Ph.D., Evaluation of the Introduction of Plain Language Forms with a Spanish Translation in Two Family Court Settings (October 2016), https://richardzorza.files.wordpress.com/2016/11/plain-language-report_10-24-16.pdf (Spanish-speakers in Travis County, Texas who did not receive their protective orders in Spanish were three times more likely to violate them than those who received their order in Spanish. The reduction in enforcement proceedings saved the court over $100,000 in a six week period.)

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Appendix C How to Use Simultaneous Interpretation in Zoom Proceedings 1. Simultaneous Interpretation Function 29 Zoom offers a language interpretation feature that allows interpreters to interpret in the simultaneous mode 30 while the LEP individual listens to the interpretation on a separate audio channel. When this feature is enabled, the other participants do not hear the interpretation. 31 2. Language Interpretation Setup To allow Hosts/Schedulers of meetings on your Zoom account to use the interpretation features, enable these features in your account settings.

• Sign in to the Zoom web portal and click Settings.

• Enable Language Interpretation under the In Meeting (Advanced) heading.

3. Scheduling a Proceeding with an Interpreter • Navigate to Meetings and click Schedule a New Meeting.

• Click Generate Automatically next to Meeting ID. This setting is required for language interpretation.

• Check the box to Enable Language Interpretation for the meeting.

• If you do not know whom the assigned interpreter will be, just click “Schedule” for now.

Prerequisites Business, Education, or Enterprise Account; or Webinar add-on plan Zoom Desktop Client Windows: 4.5.3261.0825 or higher macOS: 4.5.3261.0825 or higher Zoom Mobile App Android: 4.5.3261.0825 or higher iOS: 4.5.0 (3261.0825) or higher Meeting with an automatically generated meeting ID 30 Simultaneous interpretation is a competent interpreter listening to something in one language (source language) and orally translating it into another language (target language) in real-time without pauses. Consecutive interpretation is a competent interpreter listening to something in one language (source language) and orally translating it into another language (target language) while the speaker pauses to allow for the interpretation before continuing.

31 This video demonstrates most of what is covered in these instructions: Using Zoom's Interpretation Features.

29

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•

If you know whom the interpreter will be, click “+ Add Interpreter” to display the screen below.

Enter the interpreter’s email address and the language in the second dropdown box keeping the first dropdown box as English. The interpreter will need to log on with the same email address you enter here, so you may want to confirm that this is the correct email address for their Zoom account.32 Click “Schedule” when done.

You can also click the “X” to close out these fields and then click “Schedule.” You MUST remember to send the interpreter a Zoom meeting invitation along with the rest of the invitees.

NOTE: Zoom has several pre-set language choices including Chinese, Japanese, German, French, Russian, Portuguese, Spanish, and Korean. If you need a language other than one of these choices, you will need to designate one of these languages as a “catch-all” language. In other words, you can use the interpretation feature even if your language isn’t listed, but you will need to be sure everyone involved knows that the controls in Zoom will list a different language than what the interpreter will actually be interpreting to ensure that everyone selects the correct options in the following steps.

4. Joining the Zoom Proceeding Joining a Zoom proceeding that will involve interpretation works just like joining any other Zoom proceeding. The best practice is to download and log into the latest version of Zoom prior to the Interpreters may use the interpreter features with a Basic (free) account as long as the Host has the prerequisite Zoom service. See fn 1.

32

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proceeding, but it is possible to download and run Zoom when the meeting is launching.

If any of the following situations occur, Zoom’s simultaneous interpretation function WILL NOT work and you will need to conduct the hearing with the interpreter using the consecutive mode: • Participant joins by telephone only (no video).

• Participant joins by Zoom for video but is using a telephone for audio.

• Participant joins through the meeting link via their web browser.

• Participant joins using a Chromebook.33 5. Getting Started Once the hearing begins but before the Host enables the simultaneous interpretation function, the Host should provide instructions to all participants explaining what they will need to do. Following is an example: • Go on the record and call the case.

• The Interpreter  Ask the interpreter to say and spell their name for the record.  Ask the interpreter what type of license they hold, if any, and to state their license number for the record.  If they are unlicensed, ask them a short set of questions to establish they meet the requirements of Section 57.002.34  Administer the interpreter’s oath. 35  Give participants instructions. The interpreter will interpret these in consecutive mode.

This functionality may be added for Chromebook, but is not available at publication.

Under Tex. Gov. Code § 57.002, even when you are allowed to appoint an unlicensed interpreter to interpret a court proceeding, that interpreter must still be qualified by the court as an expert under the Texas Rules of Evidence; at least 18 years of age; and not a party to the proceeding. Here is an example of how it is done in federal court that could easily be adapted for Texas courts and the requirements of § 57.002.

33 34

Tex. R. Evidence 604 requires that interpreters are qualified and take an oath. Sample interpreter’s oath: “Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Code of Ethics and Professional Responsibility; follow all official guidelines established by this court for legal interpreting; and discharge all of the duties and obligations of legal interpretation?”

35

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o “The Court will be using the services of a remote court interpreter.” [pause for interpretation] o “Once I turn on the simultaneous interpretation function, the only person who will hear the interpretation will be Mr./Ms./Mx. [LEP Person].” [pause for interpretation] o “The role of the interpreter is to interpret everything said in the proceeding with no additions, omissions, explanations, or personal input. [pause for interpretation] o The interpreter cannot give advice, make suggestions, or engage in private conversation with you Mr./Ms./Mx. [LEP Person] or with anyone else. [pause for interpretation] o Mr./Ms./Mx. [LEP Person], Raise your hand to let us/your attorney know if you have a question or do not understand something during the proceeding. Please do not ask the interpreter to explain it to you or for any advice.” [pause for interpretation] o “Mr./Ms./Mx. Interpreter, after the interpretation function is turned on you will see a welcome screen that says ‘You’ve been assigned as an interpreter’ and you should click ‘OK.’” [pause for interpretation] o Once you click OK, you should see a screen that will allow you to switch back and forth between [non-English language] and English. [pause for interpretation] o When you are on the [non-English] channel, only Mr./Ms./Mx. LEP person will hear you. [pause for interpretation] o If you need to ask for repetition or clarification or need us to pause or anything else, please raise your hand and switch to the English channel to address the Court. [pause for interpretation] o Whenever you are on the English channel, please interpret in the consecutive mode [pause for interpretation] o “For the rest of you, if you’re joining on a computer, you should see a notification that says ‘Interpretation is available’ over an ‘Interpretation’ icon that looks like a globe.” [pause for interpretation] o “If you’re joining on a smart phone, you may find the ‘Language Interpretation’ option under ‘More’ over some dots.” [pause for interpretation] o “Everyone must click on the interpretation icon to select your preferred language.” [pause for interpretation] o “Mr./Ms./Mx. [LEP Individual], you should click on the “[Non-English language]” which will be the [2nd/ 3rd/etc.] on the list of options. [pause for interpretation] o “Once I turn on the simultaneous interpretation you will hear us speaking English in the background at about 20% volume and you will hear the interpreter at

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about 80% volume over that. [pause for interpretation] o If you prefer to hear only the interpreter, there is an option to “mute original audio” right under where you select [Non-English language]. Once I turn on the simultaneous interpretation, let us know if you have any trouble getting it to work the way you want it to. [pause for interpretation] o “Everyone else should click ‘English.’” [pause for interpretation] o Before I turn on the simultaneous interpretation, does anyone have any questions about what I’ve said so far? [pause for interpretation] o “I’m going to turn on the simultaneous interpretation function now.” [pause for interpretation] 

Enable the Simultaneous Interpretation function. o [Once the simultaneous interpretation is on and you have given everyone a moment to select the appropriate options] Confirm all the participants can hear.

“Can everyone hear the language that they selected? Please raise your hand if you can hear the language you want to hear.” o If everyone can hear, begin with some additional instructions regarding interpretation.

“Now that we are in simultaneous mode, I want to give some brief additional instructions to help make this go as smoothly as possible.” o Speak slowly, clearly, and one at a time. Whenever possible use plain language and avoid “legalese” and unnecessary terms of art. o Speak directly to the person you are addressing as you normally would in court, not to the interpreter. o Do not ask the interpreter to explain or restate what Mr./Ms./Mx. [LEP individual] said. o During consecutive interpretation such as witness testimony, use short, complete sentences and pause after each complete thought to allow for interpretation. o Open any statement to the interpreter with “Mr./Ms./Mx. [Interpreter Name]” or “Mr./Ms./Mx. Interpreter” to alert the interpreter that they are being addressed. o [If there is an attorney representing the LEP individual] Mr./Ms./Mx. [Attorney name], if you need to confer with your client, please raise your hand to let us know. You can use a breakout room. If you need the interpreter to join you, please let us know. Only consecutive interpretation mode is available in the breakout rooms. o Immediately raise your hand if you are unable to hear or understand the person speaking, or if the equipment you are using is not working properly. o [Instruct all participants about what to do if they get disconnected due to a Best Practices for Court in Zoom Hearings Involving SRLs, Page 18

problem with the internet or other technology including providing contact information for a staff person who will be responsive if needed.] o Begin the proceeding as you normally would.

6. Enabling the Simultaneous Interpretation Function The simultaneous interpretation option appears at the bottom of the Host’s screen as an icon that looks like a globe. Only the Host can enable this function, not a Co-Host.

Host’s Screen

When the Host clicks on the “Interpretation” icon, a “Language Interpretation” screen will pop-up. The Host should start typing the name of the interpreter, which should populate the interpreter field or display a dropdown list of choices.

Once the interpreter’s name appears in the interpreter field, the Host must select the appropriate non-English language and then click “Start.” The Host can assign multiple interpreters as needed.

Interpreter’s Screen After the Host clicks “Start,” the interpreter will see a Welcome screen that is visible only to the interpreter. When the interpreter clicks “OK,” Zoom automatically chooses the non-English language for them.

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After the interpreter clicks “OK,” the interpreter sees a screen that allows them to toggle back and forth between English and the non-English language audio channels.

Participant’s Computer Screen Once the simultaneous interpretation feature has been activated by the Host, the other Participants will see a pop-up notice on their screens indicating, “interpretation is available” or “language interpretation.” The Host should remind participants of the instructions to click on the Interpretation icon (not the message bubble) to select their preferred language.

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Participant’s Smart Phone Screen

The court, staff, and attorneys should choose “English” while the LEP individual chooses the [Non-English] language. Once all of the participants have chosen their preferred language channel, simultaneous interpreting can begin.

Confirm all the participants can hear by saying, “Can everyone hear the language that they selected? Please raise your hand if you can hear.” Instruct participants to alert the Court if anybody has difficulties hearing by raising their hand at any point during the proceeding.

During the Hearing When the simultaneous interpreting function is on, the interpretation will not be audible to anyone except the LEP individual and anyone else who has selected the non-English audio channel. The LEP individual should hear the English speakers at about 20% volume while the interpretation will be heard at about 80% volume. It may be helpful for the court to inform the LEP individual that if they want to hear only the interpretation, they can click “Mute Original Audio.”

Ending the Simultaneous Interpreting Option To stop the Simultaneous Interpretation function at any time, the Host can click the “Interpretation” icon and choose “Manage Language Interpretation.”

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Once the language interpretation screen is displayed, the Host should click “End” to stop the interpretation. The Host can stop and restart the interpretation function as often as necessary.

Interpretation should be in consecutive mode when the simultaneous function is turned off.

Livestreaming on YouTube If the court is planning on livestreaming the proceeding on YouTube and the simultaneous interpretation function is enabled, viewers will NOT be able to hear the interpretation audio channel, only the original audio channel. Cloud recordings will also only record the original audio, not the interpreter audio channel. Proceedings recorded on a local computer will record any audio channels that the person recording it can hear.

Breakout Rooms If the court needs to send an attorney and their LEP client into a breakout room with the interpreter, the simultaneous interpretation function will not work in the breakout room. Before sending participants into a breakout room, the Host should turn off the interpretation function as described above.

Interpretation in a breakout room will be conducted in the consecutive mode, which is the method that mimics an in-person encounter. If the simultaneous interpretation feature is needed after participants return from the breakout room, the Host can turn the feature back on and instruct participants to choose their audio channel again.

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Two Interpreters Working as a Team Two interpreters working as a team can share one audio channel and switch off while interpreting in the simultaneous mode. Both the active and resting interpreter will listen to the English speakers and switch off as needed with only one interpreter interpreting at a time. When interpreters are working as a team, they are not able to hear the other interpreter’s interpretation. It may be helpful for them to have an opportunity to communicate prior to the proceeding to agree on how they will communicate and switch off. They may need to pause the proceedings for a moment while they switch off.

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Remote Court Hearings

Exhibit A

Because of COVID-19 many courtrooms are closed, and most court hearings are now remote.

That means some or all of the people participate by video or by phone. Read below to know how to prepare for a remote hearing.

How do I know if I have a remote hearing?

The court will notify you if your hearing is remote.

They may contact you by U.S. mail, email, or phone.

They will also notify the other parties in your case.

What if I don’t have Internet or a phone?

Contact the court as soon as possible. They may: • Postpone the hearing until everyone can participate safely, or • Help you find a way to participate, such as free hot spots, or access to a free phone or Internet.

What if I cannot join at the scheduled hearing time?

You must have a good reason why you cannot be present at the scheduled time. And you must tell the court before the hearing. Go to your court’s website. It will explain how to contact the court.

Get Your Space Ready!

• Find a quiet place where no one will interrupt you.

• Have all your papers ready, including a list of what you want to say to the judge.

• Know what time your hearing starts and how to log on or what number to call.

Look Good!

•

Set the camera at your eye level. If using your phone, prop it up so you can look at it without holding it.

Look at the camera, not the screen, when you speak.

Dress neatly. Wear soft solid colors.

Sit in a well-lit room, not too dark, not too bright. No bright lights behind you.

• • •

Sound Good!

•

Will the court tell me how to join the remote hearing?

Yes. The court will send you instructions on how to join your remote hearing by video or by phone.

Courts may use different apps and processes. Visit your court’s website or call your court to find out how your court does remote hearings.

How to Get Ready for Your Remote Hearing

Pause before speaking in case there is any audio/video lag.

Mute yourself when not speaking to improve sound quality.

Say your name each time you speak.

Talk slowly and do not interrupt.

• • •

What should I expect during the hearing?

1

When you first join, the judge will take you from a “waiting room” to the “hearing room.” Only the people in your case will be in your hearing room.

2

The judge will make sure you can hear and talk, and go over all the rules.

3

You will see a picture or name of each person in your hearing on your screen. The first one you see is the person who is speaking.

4

Your hearing is live and will be recorded. Everyone there can hear what you say. It may even be open to the public.

5

The judge decides most cases at the end of the hearing.

Make sure you have good Internet connection.

Download Zoom (or other app your court uses).

Practice with the app so you feel comfortable.

Charge your computer or mobile device. If you are calling in by phone, make sure you have enough minutes.

Use earbuds or headphones, if you can. This frees up your hands, and improves sound quality.

Email the court any evidence, like documents or photos.

Tell the court if you have witnesses. The court will tell them how to join the hearing.

Tell the court if you need an interpreter or a reasonable accommodation. The court will arrange it for you.

Adapted for Texas from a Transcend.net resource

Important! You may be connecting from home, but it is still a court hearing. Pay attention, and follow all rules.

Need legal help?

TexasLawHelp.org

Exhibit C Tips for Self-Represented Litigants: Zoom Hearings and Basic Court Processes and Procedures Here are some quick tips for people who are representing themselves in Zoom hearing, including an explanation of basic processes and procedures used in court.

1. Information and Items Needed for the Zoom Hearing • Internet Access o You need to have reliable, stable access to the internet to participate in the hearing. o If you do not have access to the internet, you may be required to participate in the hearing by phone. It is not ideal, because you, the judge and the other party cannot see each other, making it harder to know what is going on during the hearing. o There may be free internet options on a limited basis. Look at the Texas Law Help website, which is run by the Texas Legal Services Center, a statewide nonprofit legal aid organization, for information on what free options may be available.

•

A Phone, Cell Phone, Tablet, Laptop or Desktop Computer o As soon as you schedule your hearing or get notice of a hearing, make sure that you have access to a cell phone (i.e. iPhone, Android, Windows Phone, etc.), tablet, or a working computer with access to the internet and, if possible, a video camera. o If you do not have access to a cell phone or other device with access to the internet, you can also use a regular phone (landline phone) to call into the hearing. As previously mentioned, it is not ideal, because you, the judge and the other party cannot see each other, making it harder to know what is going on during the hearing o If you only have access to a cell phone with a limited number of minutes, it is unlikely that you will be able to participate in the hearing. Depending on the case, hearings can last several hours. Call the Court Coordinator/Administrator’s Office, tell them the situation, and ask them what to do. Court Coordinator/Administrator’s Office is the office that usually schedules hearings and keeps track of the Court’s calendar. o If you do not have access to a reliable phone, tablet, laptop or desktop computer, call the court coordinator. Tell them that you do not have access to these items and ask them what to do. The court must provide another way for you to participate in the hearing or reset the hearing for an in-person hearing when the courts reopen.

•

Email Address and Phone Number o Give your current email address and phone number to the Court Coordinator/Administrator’s Office. This office usually schedules hearings and keeps track of the Court’s calendar. o If you do not have an email address, you can get one for free, using sites like Google, Yahoo, Apple iCloud, etc. o It is extremely important that you check this email address daily. You can get sent information about your case at any time and you may need to take action quickly, so it is Tips for Self-Represented Litigants in Zoom Hearings, Page 1

a good idea to check it regularly. If you don’t check your email, you may not find out that a hearing on your case has been set and miss the hearing date. If you miss a hearing, you could lose your case.

•

Download the “Zoom Cloud Meetings App” or visit https://zoom.us.join o You do not need to set up an account to use the app. o Before the hearing date, the Court Coordinator should send a link to join the Zoom Meeting. You will click on that link to attend the hearing. If you haven’t been given information on how to join the hearing or sent a link, contact the court at least a day before the hearing and ask for this information. If you do not have this information, you will not be able to participate in the hearing and the judge may take action without you sharing your side of the story.

•

Evidence and Documents o If you have evidence to show the judge, contact the court coordinator, preferably several days before the hearing, to learn how they want you to submit documents or other evidence. Make sure to ask if there is a deadline for submitting your evidence. o Some courts want you to email your documents before the hearing. You may need to scan and upload your documents to share them with the Court. Tips on how to scan and upload documents are located in the Appendix. o If you do not have the technology or the ability to submit the evidence in the way that the court has asked for it to be submitted, let the court coordinator know and ask what you should do.

•

Witnesses o If you have witnesses that you want to testify at the hearing, contact the court coordinator several days before the hearing and ask how your witnesses can give their testimony at the hearing.

2. At Least Three Business Days Before the Hearing: • Contact the Court Coordinator o Make sure your hearing is still set/scheduled and has not been reset to another date. o Ask if you must complete any particular forms before the hearing. o If you have not received a “Meeting ID” or link or other instructions from the Court about how to join the Zoom hearing, ask for this information.

•

Check Your Email Daily for any updates sent from the Court.

•

Prepare for Your Case o Think about what you want to say to the judge and what you want the judge to do.

Practice telling your side of the story and asking the judge for the results that you want.

It is very important to be polite, to speak clearly, and remain calm, no matter what happens.

Tips for Self-Represented Litigants in Zoom Hearings, Page 2

o o o

•

Think about any questions that the other party, their attorney, or the judge might ask you and how to answer them.

Gather any evidence you have. Put it in the order that you want to present it to the judge.

Contact any witnesses you may have and tell them how the court wants them to participate in the hearing.

Consider Logistics for the Hearing o Noise and Distractions: Try to find a quiet spot, away from children or others not participating in the hearing.  If you can, get help with children or other caregiving responsibilities you have so that you don’t get distracted or interrupted during the hearing.  Think about where to put any pets that may cause a distraction.  On the day of the hearing, minimize noise distractions by silencing phones, email, and text notifications, and turning off fans, dishwashers, washer/dryer, or any other noise distractions. o Lighting: Make sure there is good lighting (bright), so you can be seen on camera. It is best to sit where the light is in front of your face or over your head, not behind you. For example, avoid sitting in front of a window, which can cause a shadow over your face. o Background: Choose a spot with a nice and uncluttered background, such as a solid color or blank wall.  Avoid windows, plants, lamps, or other objects directly behind your head.  Avoid bathrooms and areas that are messy or not clean.  We do not recommend using a virtual background, which can make your hands and ears disappear if you move. If you choose to use a virtual background, pick something profession and not busy. o Camera Placement: If possible, place the camera on your device at eye level. If using a laptop, you may want to place it on a stack of books. Know where the camera on your device is located and look directly at it when speaking. Avoid looking down at the camera - you don't want the camera pointing up your nose. o Screen Brightness: Know how to dim your computer screen. Computer screens can wash out your face or cause reflections in eyeglasses. o Timer: The judge may only give you a certain amount of time to speak. Make sure you have a watch, clock or phone so you can keep track of your allotted time.

3. The Day of the Hearing: • Dress like you are in front of the judge even though you may not be in a courtroom. It’s best to dress professionally and conservatively – as if you were going to a job interview or to church – so no shorts, short skirts, spaghetti straps, tank tops, “wife beaters”, etc. Cover any visible tattoos and remove piercings.

• Verify childcare or coverage for other caregiving responsibilities.

• Review the logistics listed above.

• Test for any technical problems at least 15 minutes before the hearing, test for any technical problems. If your computer/tablet/phone asks you to grant it permission to use the camera, audio, and microphone for the Zoom Hearing, allow it to do so.

Tips for Self-Represented Litigants in Zoom Hearings, Page 3

4. At the Time of Your Hearing: • Reminders: o Turn off any other devices that may make a lot of noise or cause a distraction. o Ensure children, pets, or others will not be a distraction. o Avoid walking around, speaking to someone off camera, chewing gum or eating during the hearing. You may drink water or ask the judge for a break, if you need to use the restroom. o Grant permission to use the camera, audio, and microphone if you have not done this already. o Look directly at the camera when talking. Try to mute microphone when you are not speaking.

• Click on the Zoom link sent by the Court or enter the link into your device.

• The judge will be the first person to talk and may also go over what is going to happen during the hearing. The proper way to address the Judge is, “Your Honor” or Judge [Judge’s Last Name].

During this introductory phase of the hearing, it is important to let the judge know if you: o Are having any technical difficulties or that you may have technical difficulties; o Cannot or were not able to submit evidence in the way the court asked you to submit it; o Do not have childcare or coverage for other caregiver responsibilities; o Need to have the hearing reset (also called a request for continuance). Be prepared to state why you need the hearing reset. o Need any ADA accommodations; o Need or a witness needs an interpreter. If so, what language(s) are needed; and o Have any witnesses who will be testifying and ask how the judge wants the witnesses to participate.

• If you are the person who scheduled the hearing, you may be asked to speak first.

• Speak directly to the Judge only when asked or called-upon. Do not speak to the other party in the case unless the Judge gives you permission. This applies to the other side as well.

• Most courts use a court reporter, so it is very important that you do not talk at the same time as the judge or the opposing side. You may be asked to speak louder, slower, or be asked to wait until other side has spoken. This applies to both sides of the case.

Tips for Self-Represented Litigants in Zoom Hearings, Page 4

APPENDIX Tips on How to Scan and Upload Documents 1. General Information • You will need a working camera and an app that scans documents (most scanner apps are available for free in the App Store or Google Play).

• Try to place each document on a flat surface with a plain, dark background when scanning.

• Take a picture of the document with the camera, or allow the app to automatically detect and scan each page.

• Try to stand over document to capture the entire page.

• Watch your lighting: you may need to turn off the camera flash, especially if the document is shiny or has a reflective surface.

• The app will likely ask you to name the scanned document. Short names are better than long ones. You may also want to include a date. So, your title may look like: Date_Your Name_Short Title. For example: 20-04-15_Jane Doe_Original Petition.

• The app may ask if you want to save the scan. If it does, it’s a good idea to save the scanned document to your device before you send a copy to the Court. Apps like Dropbox, Box, OneDrive, etc. offer free cloud based storage options.

2. Mobile Device or Tablet • iPhone (iOS11 or later): 1. Open the “Notes” App and tap the icon to create a new note.

2. Tap the Camera icon and select Scan Document.

3. Hold the phone camera over your document. The Notes app can automatically focus and scan the image. You can also tap the shutter button to scan the image yourself.

4. After you scan the page, drag the sides or “handles” to crop the image. Tap Keep Scan to continue.

5. Repeat the tips above until you finish scanning each page of your document or evidence. Tap Save when you are finished.

Tips for Self-Represented Litigants in Zoom Hearings, Page 5

•

Android: 1. Open the Google Drive app and tap the + symbol.

2. Select Scan under the Create New tab.

3. Hold the phone camera over the document and tap the Shutter button when you are ready to scan the image.

4. Tap the Checkmark to keep the scan or tap the Trash icon to delete it.

5. Tap the + symbol to scan more documents. When finished, tap the Checkmark. The document(s) will upload to Google Drive.

6. Name your new scanned document and choose which folder to save it in.

Tips for Self-Represented Litigants in Zoom Hearings, Page 6

•

Third Party App (Adobe Scan Used as Example) 1. Open the app. If required, log in or create a new log in.

2. Tap the screen when you are ready to scan your document. Most apps do this automatically.

3. Drag the hides or “handles” to crop the image, if needed. Press Continue.

4. Tap the picture to open the editing and saving options. Tap Save PDF when finished and ready to save.

•

If the Court gave you an email address to send your documents/evidence to: 1. Open the scanned document.

2. Find the Share option (may vary depending on the app you are using) 3. Select the Email option.

Tips for Self-Represented Litigants in Zoom Hearings, Page 7

4.

5.

6.

7.

•

Select the email app you prefer.

Type in the email address provided by the Court.

Tap Send.

Open the email app you just used and check your Sent folder to make sure the email was sent. If you see the email in your Sent folder, it should have been sent. If you don’t see it there, repeat the steps above.

Computer or Laptop 1. Make sure that the scanner is connected to your computer.

2. Place the document on the scanner. a. Most printer-scanners require you to place the document face-down on the glass plate. Stand-alone scanners may differ.

3. Select the scan option on the scanner or from your computer.

4. Repeat the steps above until you have scanned all of your documents.

5. Save the scan to your computer.

6. Email the scanned documents to the court coordinator’s email address (if you were asked to send the documents by email).

Tips for Self-Represented Litigants in Zoom Hearings, Page 8

Exhibit D

How to Use

with Interpreting for your Court Hearing

Because of COVID-19 many courtrooms are closed, and most court hearings are now remote. That means some or all of the people participate by video or by phone. Read below to learn about interpreters in your remote court hearing on Zoom.

1

Get ready before the meeting!

Make sure you have good Internet connection.

2

1

Charge your computer or device.

Download the most recent version of Zoom to your computer, tablet, or smart phone.

Practice the steps below.

Make sure your camera, microphone, and speakers work.

Connect Early!

Click the Zoom meeting link you received at least 10 minutes early. (You must join by clicking the link – do NOT call the phone number!)

4

Once the Court turns the interpretation function on, click on the globe. Select the language you want to speak in and hear. It is best to speak only this language during the meeting.

For the best experience, use Zoom from a computer.

2

Click Mute and Start Video.

5

Select Mute Original Audio.*

3

Click Manage Participants,

* If you do not click Mute Original Audio you will hear the interpreter and the person speaking in the other language.

Then More and Rename to insert your name and gender pronoun.

Talk slowly. Pause often. The interpreter needs time to interpret. Do NOT interrupt anyone.

6

Learn more about Zoom with interpreting at: https://www.youtube.com/watch?v=ITeuzyadUvc

Click Mute when you are not speaking.

Adapted for Texas from a Transcend.net resource

Exhibit E

Reform Proposals: Enhancing Access to Justice in Consumer Debt Claim Cases1 July 31, 2020

Introduction The number of debt claim cases filed in justice court has experienced substantial growth since the implementation of revised court rules in September of 2013.

According to the 2019 Annual Statistical Report of the Texas Judiciary, debt claim case filings increased by 36% over the previous year, with a 5-year increase of 162%.2 Debt claim case outcomes are largely either dismissals or default judgments. Of the 259,832 debt claim cases disposed in Texas justice courts in 2019, 78% were dismissals or default judgments, 10% were agreed judgments, 8% had a trial, and the remaining cases included other dispositions.

The high rate of default judgments, making up 60% of all judgments, raises concern about the credibility of the justice court system, a system that is supposed to be the “people’s court”. Resolving so many cases without the participation of the defendant means that the state is giving plaintiffs substantial power to collect a debt without hearing of both sides.

An analysis of all cases and judgments entered from January 2018 through June of 2020 in Harris County found:3 1. Most debt cases are filed by five plaintiffs — Ranked by number of cases filed, the top five plaintiffs filed 61% of all debt cases and the top 10 plaintiffs filed 78%.

1

The recommendations in this report were developed by a team of legal, policy and access to justice experts. Legislative changes suggested in this document are solely the work of team members not affiliated with legal services programs. Team members include: Trish McAllister, Executive Director of the Texas Access to Justice Commission; Prof. Mary Spector, Southern Methodist University Dedman School of Law; Rich Tomlinson, Director of Litigation for Lone Star Legal Aid; Amy Clark, Consumer Protection Team Manager, Texas RioGrande Legal Aid; Dana Karni, Managing Attorney, Lone Star Legal Aid; Alex Gilbert, Attorney, Texas RioGrande Legal Aid; and Ann Baddour, Director of the Fair Financial Service Project at Texas Appleseed.

2 Annual Statistical Report for the Texas Judiciary, Fiscal Year 2019, Texas Office of Court Administration (2020) at B4.

3 Data for consumer debt claim cases from January 2018 through June 2020 was downloaded from the Harris County JP Public Extracts at: https://jpwebsite.harriscountytx.gov/PublicExtracts/search.jsp.

Cases involving business defendants were removed from the total data set, as were duplicate records of the same case. Total cases examined include 134,933 cases entered and 53,924 judgments entered.

Data downloaded and analyzed by Texas Appleseed.

1

2. Most debt cases are filed by two law firms on behalf of plaintiffs — 50% of all cases were filed by just two firms.

3. The vast majority of defendants are unrepresented — 92% of all defendants were unrepresented.

4. The vast majority of judgments are for the plaintiff—88% of all cases where a judgment was entered were decided in favor of the plaintiff. Of those cases decided for the plaintiff, 75% were default judgments.

5. Defendants who answer a debt claim suit fare better—excluding default judgments from the analysis of judgments entered, 36% of judgments were in favor of the defendant, compared to 12% of the total sample.

With the upcoming increase in justice court jurisdiction to include claims up to $20,000, the stakes will be much higher for pro se debt claim defendants. In addition, court movement to technology-based hearings and court-sponsored online dispute resolution also supports the importance of reviewing and revising the debt claim court process, with an eye to improving access to justice for all participants. Technology is only as fair as the system upon which it is applied. Technology placed upon a court process with outcomes that already raise access to justice concerns will simply further entrench and potentially accelerate those same concerns.

Upcoming changes to claims jurisdiction create an urgent need to reexamine the court process to address access to justice concerns and encourage just outcomes for pro se litigants. The following sections propose pre- and post-judgment reforms that, taken together, can help to reach these goals.

Pre-Judgment Reforms for Debt Claim Cases The pre-judgment reform proposals are designed to address the high no-answer rate in debt claim lawsuits, with the goal of increasing participation by defendants in the court process and supporting a just outcome for pro se litigants.

1. Effective Engagement for Pro Se Defendants Problem: The vast majority of defendants in debt claim lawsuits are pro se while plaintiffs tend to be bulk filers either represented by counsel or with collections staff familiar with the legal debt claim process. The result is a significant imbalance of power that results in too few defendants answering lawsuits and effectively engaging in their defense.

Solution: Make the process of understanding and engaging in a debt claim lawsuit more accessible to defendants by creating a plain language post-service letter, 2

explaining the legal process, and providing an answer form with available defenses under law as part of the plain language post-service packet that defendants can use.

TRCP 501.1 includes many of the basic components of the citation, but the language required by the rule could be intimidating and confusing for people not familiar with the legal process and is not accessible to people with limited English proficiency.4 In addition, it is a best practice for the court to mail a plain language post-service letter along with an answer form directly to the defendant, in addition to service by the plaintiff.5 This step is grounded in an access to justice study by the A2J Lab at Harvard University. which found that sending a letter along with an answer form nearly doubled the defendant answer and appearance rates.6 When there is a letter from the court, it legitimizes the lawsuit, as people otherwise may feel the lawsuit is a scam and ignore it because they do not recognize the plaintiff and the debt. This process can be achieved through a rule change or through an administrative change that creates a process of mailing a plain language post-service letter directly from the court. i. Post-service Letter: The plain language post-service letter should be mailed directly from the court, with the court’s return address information, to the defendant at the same address where process was served. ii. Contents of Plain Language Post-service Letter: The form should include the information outlined in TRCP 501.1, but in a form that is more accessible to a defendant who is not familiar with the legal process. The plain language letter should include: 1. clearly presented court contact information, and the defendant should be directed to contact the court for more information regarding the case; 2. information explaining the answer process and outlining specific steps that the defendant must take, including any deadlines to take those steps; 3. a statement that the defendant is being sued for a debt, with examples of what a debt might include; 4. The following statements, or similar language: a. “The person suing must prove that they have the right to collect the debt and that you owe the debt. You have the right to ask for proof and dispute any information that you do not agree with.”

4

See Appendix A for examples of current citations used by Texas Justice Courts as well as a model produced by the National Consumer Law Center.

5 Robert Hobbs, April Kuehnhoff, and Chi Chi Wu, Model Family Financial Protection Act, National Consumer Law Center (May, 2019) at 28.

6 See: https://a2jlab.org/default/ for more details about the study. Answer rates increased with the mailing from 13% to 24% and appearance rates increased from 7.5% to 14%.

3

b. “It is best to have a lawyer represent you in this case. If you cannot afford a lawyer, you can contact your local legal aid office and look into other legal resources.”; and c. the link to TexasLawHelp.org for information and forms, the county law library, the state law library, and any other local legal resources that could help people, including a simplified version of the OCA link: https://www.txcourts.gov/programs-services/self-help/self-representedlitigants/. iii.

Include a Sample Answer Form with Plain Language Post-service Letter: The plain language citation mailed directly by the court should also include a sample answer form with, at a minimum, a general denial and an opportunity to list other defenses. It is best to include a checklist of common defenses in addition to the general denial. This practice is permitted under TRCP 507.2. An example of a sample answer form is included in Appendix B.

iv.

Explain How to Use Sample Answer Form: Simple, easy to read instructions on how to complete the answer forms should accompany the sample answer form. The instructions and forms should be in English and any other language common in the county. It should also include information about: 1. property and income that is protected from debt collectors even if you owe the debt; 2. a statement about venue, for example: “Do you live or did you sign the debt contract in this court precinct? If not, you can ask to transfer the case to a court that is in the precinct where you live. You have to include this request in your answer to the lawsuit. You can call and ask the court if you need help understanding this issue.”

2. Default Judgments Problem: Among debt claim cases in Texas, default judgments are pervasive. In 2019, 60% of debt claim cases in justice court that were disposed through an outcome other than a dismissal resulted in a default judgment. For the first six months of 2020, the percentage of default judgments jumped to 65% of all disposed cases that were not dismissed. Despite the pandemic and the temporary pause for default judgments in justice courts in 2020, the total number of cases disposed through default judgment increased by 18% in the first six months of 2020 compared to the same period in 2019.7

7

Texas Office of Court Administration, Court Reporting Directory System, Ad Hoc Search for statewide debt claim data in justice court for January-December 2019, January-June 2019, and January to June 2020. Data downloaded on July 23, 2020.

4

The high level of default judgments coupled with rules that do not require contracts or loan documents to prove the facts of the case point to a system that works smoothly for plaintiffs, while missing the mark on access to justice for defendants.

The upcoming increased jurisdiction of justice courts to claims up to $20,000 makes access to justice concerns even more pressing, with the higher financial stakes for pro se litigants.

Solution: Two complementary approaches would improve the court process related to default judgments to ensure access to justice for pro se defendants.

First, defendants should receive notice from the court before a default judgment is granted. The notice would have the dual benefit of verifying appropriate service of process and giving the defendant a final opportunity to respond to the lawsuit.

Second, documentary proof, and not merely sworn statements, should be provided to substantiate the debt and the amount owed, to ensure that a default judgment is only granted in cases where sufficient documentary evidence is presented to the court to substantiate the facts of the debt claim case. i. Pre-default Notice to Defendant Prior to Default Judgment A requirement to provide notice to a defendant prior to issuing a default judgment could be implemented through a rule change requiring a hearing for a default judgment. An alternative approach could be to adopt a notice requirement as a way to ensure compliance with TRCP 503.1, which requires the judge to ensure proper service prior to rendering a default judgment.

Sending notice from the court to the address where process was served provides an additional verification of proper service. If the notice is returned to the court, this could be an indication that the defendant was not reached with service.8 The letter sent by the court could include the following features in plain language: 1. The name of the plaintiff, the original creditor, if different, and the amount of the debt; 2. A brief explanation of what a default judgment is, and its implications, and notice a that, “a default judgment will be entered against you if you do not file an answer by X date (the submission date or hearing date under TRCP 508).”

3. A statement that you need to file an answer to protect your rights.

4. A general form answer with instructions should be included in the letter.

8

This practice is highlighted as a best practice in the report by the Federal Trade Commission, Repairing a Broken System: Protecting Consumers in Debt Collection Litigation and Arbitration (2010) at 11.

5

5. If the letter is returned undeliverable, then a default judgment cannot issue.

ii. Documentation of Debt Claims by Plaintiff In an effort to streamline the court process, current justice court rules for debt claim default judgments set a low evidentiary bar that enables rubberstamping of cases, through issuing default judgments without reviewing original documents that verify the debt and the right to collect it. In addition, there are two provisions in the state law that are currently applicable to debt claim proceedings but not enforced in court. Demonstrating compliance with those two provisions should be included in the documentation requirements for the petition or a default judgment:  Compliance with Tex. Fin. Code 392.307, which prohibits a debt buyer from suing to collect a time-barred debt; and  Compliance with Tex. Fin. Code sec. 392.101, which requires thirdparty debt collectors to be bonded.

Under current court rules for pleadings and default judgments in debt claim cases, there are no requirements to submit original documents. The rule allows sworn statements by third-parties to be used as evidence without including any original documentation of the debt or contracts.9 A lower evidentiary bar is established for default judgments in debt claim cases than for other cases in justice court, which require, if the claim is based on a written document signed by the defendant, that a “true and accurate” copy of the document, including an accounting of all payments, offsets and credits due to the defendant, be provided to the court and served on the defendant.10 The initial proposal for debt claim default judgments, which was considered as part of the Court’s revision of the rules in 2012, required plaintiffs to submit at least one of the following documents in support of a default judgment:11 1. A document signed by the defendant evidencing the debt or the opening of an account; TRCP 508.3(b)(2): “Form of Evidence. Evidence of plaintiff’s damages may be offered in a sworn statement or in live testimony. The evidence offered may include documentary evidence.” A subsequent section of the rule states that: a judge may not reject a sworn statement only because it is not made by the original creditor or because the documents attested to were created by a third party and subsequently incorporated into and relied upon by the business of the plaintiff.”

10 TCRP 503.1(a)(1).

11 See Rule 578 from the supplement considered by the Supreme Court Advisory Committee, dated 9/28/2012: https://www.txcourts.gov/All_Archived_Documents/SupremeCourtAdvisoryCommittee/Meetings/2012/ supplementary/sc09282012.pdf.

9

6

2. A bill or other record reflecting purchases, payments, or other actual use of the credit card or account by the defendant; or 3. An electronic printout or other documentation from the original creditor establishing the existence of the account and showing purchases, payments, or other actual use of the credit card account by the defendant.

For a default judgment without a hearing, the proposal included a requirement that, “a copy of the contract, promissory note, charge-off statement, or an original document evidencing original debt which must contains a signature of the defendant” must be provided to the court, served on the defendant, and supported by an affidavit from the original creditor. For credit card accounts with no signed contract, the proposal required, “a copy of the card member agreement in effect at the time the account was charged-off and copies of documents generated when the card was actually used.”

The standards in the initial rule proposal ensured proper documentation of the debt and would be beneficial to include in a revised rule. In addition, if a plaintiff does not provide sufficient proof to win a case, the case should be dismissed for want of prosecution even if the defendant does not answer the lawsuit.

Establishing this standard would ensure that default judgments are only granted in cases where sufficient evidence exists to prove the facts of the debt and the right of the creditor to collect it.

Post-Judgment Reforms for Debt Claim Cases Creditors have substantial power to collect debts post-judgment, for a period of 10 years or more, and the system often relies on debtors to assert exemptions. Many people do not know a judgment against them exists, let alone exemption rights, and judgment debtors end up losing access to essential financial resources that should have been protected.

1.

Garnishment

Problem: Judgment debtors are entitled to assert many statutory exemptions that are supposed to protect their income from seizure. These exemptions, inter alia, include Social Security benefits, unemployment compensation, workmen’s compensation, Veterans’ Benefits, railroad retirement, FEMA benefits and child support. The process for asserting their exemptions in the garnishment process, however, is cumbersome and not user-friendly for pro se judgment debtors.

7

Current garnishment rules only provide that judgment debtors are entitled to a postexecution notice that they may file a motion to dissolve. TRCP 663a. No mention is explicitly made that they can assert exemptions. (In fact, exemptions cannot practically be raised at this time without the assistance of an attorney who drafts and files a motion to dissolve the writ of garnishment.) The failure to give explicit notice of the right to assert exemptions and the absence of a simple procedure for asserting such exemptions may well violate fundamental tenets of due process. See Strickland v. Alexander, 772 F.3d 876 (11th Cir. 2014); 2015 WL 5256836 (N.D. Ga. 2015)(entry of judgment on remand); 2015 WL 5916003 (N.D. Ga. 2015)(amending judgment); 2015 WL 103221498 (N.D. Ga. 2015)(amending judgment again).

Solution: First, amend Rule 663a to provide a clear notice of rights in 12 or 14-point type and in plain language, that communicates the following information: Until a decision is made by the court in this garnishment proceeding, you cannot regain possession of your frozen funds UNLESS you file a motion to dissolve the garnishment or a notice of exemption to the garnishment. You are entitled to seek the help of an attorney on this matter, and if you cannot afford one, you may call your local legal aid provider, [name of local provider], at [telephone number] to see if they can help you.

Under state and federal law, certain types of funds cannot be taken from your bank account to pay for a judgment. This money is “EXEMPT”. The following funds are examples of what is exempt: (1) Social Security retirement, (2) Social Security disability, (3) SSI or Supplemental Security Income, (4) Veterans’ benefits, (5) unemployment compensation, (6) railroad retirement, (7) FEMA disaster benefits, (8) pension and retirement benefits, (9) workmen’s compensation, and (10) child support.12 Another common issue is that judgment debtors are often signators on other family members’ bank accounts even though they deposited none of the funds and were listed as account holders only to assist in gaining access to the account when a family member died or got sick. In addition, parents are often signators on the accounts of minors, even though the funds were all deposited solely by the minors. When a judgment debtor’s accounts are garnished, these other accounts are also frozen even though the judgment debtor has never deposited funds into the accounts. The only person who gets the notice is the judgment debtor, not any other joint account holder. The court should require notice to be sent to any other joint account holder.

12

Money in joint accounts, however, do not always belong to all of the account holders. A “joint account” as defined by Tex. Estates Code § 113.004(2) is one that is “payable on request to one or more of two or more parties, regardless of whether there is a right of survivorship.” Id. As such, if all of the account holders are currently alive, the funds in the joint account belong to the parties in proportion to the net contributions by each party to sums on deposit, absent clear and convincing contrary evidence. Tex. Estates Code § 113.102. If the judgment debtor made no contribution to the funds in the joint account subject to garnishment, she actually owns none of the money in the joint account. Bechem v. Reliant Energy Retail Services, LLC, 441 S.W.3d 839, 845 (Tex. App. – Houston [14th Dist.] 2014, no pet.); In re Marriage of McNelly, 2014 WL 2039855, *7 (Tex. App. – Houston [14th Dist.] 2014, pet. denied). This

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Second, amend Rule 664a to provide that a writ of garnishment must be modified to exclude any funds found to be exempt after notice and a hearing. The rule should also be amended to permit judgment debtors to file either a motion to dissolve or a notice of exemption and continue to obtain a hearing within 10 days. A simple notice of exemption claim form, like the ones used in New York, Georgia or California, should be drafted for use by pro se parties, be incorporated into the amended rule, and be made available on the Supreme Court’s website. If exemptions are raised, the amended rule should treat the exemption claim as raising a rebuttable presumption that they are valid. In effect, unless the judgment creditor requests a hearing within, say, 3 days, the exemption claims are deemed valid. If the judgment creditor does request a hearing, however, the judgment debtor would have the burden of proving that she was entitled to raise the exemption and what amount of the frozen funds were exempt.

Third, amend Rule 663a to delete “as soon as practicable” and insert “within 3 days.”

The earlier that judgment debtors receive notice the earlier that they can contest the seizure of exempt funds or funds that do not belong to the judgment debtor and access those funds.

2.

Turnover

Problem: Appointment of turnover receivers, particularly by JP courts, has become common. Receivers are often appointed, and take control over all of the judgment debtors’ checking or savings accounts, even though the judgment debtor’s only income derives from wages. The Legislature, however, did not intend for this powerful judgment collection tool to be applied to wage earners.

Under CPRC § 31.002(f),turnover orders should not apply to funds that are “the proceeds of, or the disbursement of, property exempt under any statute . . . .” Thus, if the funds were once exempt and then distributed to the judgment debtor, they are not supposed to be subject to turnover. As such, turnover orders should not reach funds comprised of wages, because they constitute the proceeds or distribution of funds that were at one time exempt as “current wages.” See Caulley v. Caulley, 806 is true, even though she had the right to withdraw funds from that account. Id. Under these circumstances, the garnishor/judgment creditor is not entitled to garnish any of the funds in the joint account. Republic Bank Dallas v. National Bank of Daingerfield, 705 S.W.2d 310, 311-312 (Tex. App. – Texarkana 1986, no writ)(applying the predecessor statute, Tex. Probate Code § 438). See Enright v. Lehmann, 735 N.W.2d 326, 330-336 and n. 5 (Minn. 2007)(applying similar Minn. statute, court held that funds in joint account not deposited by judgment debtor were not subject to garnishment).

Thus, it might be helpful to address this issue in the notice as well. An added sentence might read: “If the frozen account is joint, you could file a motion to dissolve the writ of garnishment on the basis that you did not deposit all of the money in the frozen account.”

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S.W.2d 795, 798 (Tex. 1991); Burns v. Miller, Hiersche, Martens & Hayward, P.C., 948 S.W.2d 317, 322-323 (Tex. App. – Dallas 1997, writ denied)( language in subsection (f) “was intended to prevent turnovers of paychecks, retirement checks, and other similar types of assets after a judgment debtor received them.”). Despite this law, scores of turnover receivers have seized wages from wage earners as if the law was the opposite of what it is.

This problem is exacerbated, because the turnover statute does not require the giving of notice before issuing a turnover order or appointing a turnover receiver. Thomas v.

Thomas, 917 S.W.2d 425, 433-434 (Tex. App. – Waco 1996, no writ). A number of cases have further held that no such notice was constitutionally required, relying upon a 1924 U.S. Supreme Court decision, because the judgment debtor received due process before the judgment was issued. See, e.g., Schultze v. Cap Collection JV7, 2014 WL 2108730, *6 (Tex. App. – Austin 2004, no pet.), citing to Endicott-Johnson Corporation v. Encyclopedia Press, Inc., 266 U.S. 285 (1924).

Outside of Texas, though, a number of courts have found post-collection remedies that provided no notice and opportunity to be heard denied constitutional process, particularly in connection with exemptions. Dorwart v. Caraway, 966 P.2d 1121, 11411147 (Mont. 1998)(post-judgment execution procedure unconstitutional for failing to provide post-seizure hearing on exemptions); Hutchison v. Cox, 784 F.Supp. 1339, 1341-1344 (S.D. Ohio 1992)(same); Aacen v. San Juan Sheriff’s Department, 944 F.2d 691, 694-699 (10th Cir. 1991)(post-judgment execution procedure gives inadequate notice of exemption rights); Finberg v. Sullivan, 634 F.2d 50, 56-62 (3rd Cir. 1980)(post-judgment garnishment proceeding unconstitutional for not providing notice of exemptions and a prompt exemption hearing). These cases find that the judgment debtor’s interest in applying statutory exemptions to avoid seizure of property is a property interest that should not be taken without adequate due process.

The problem is made more difficult by the fact that the vast majority of judgment debtors subject to turnover are unrepresented by counsel. Likewise, even appealing a ruling from justice court can be difficult when justices of the peace consider denials of motions to return exempt funds not to be final judgments subject to ordinary de novo appeal to county court. Without counsel and without any obvious procedure for challenging the seizure of exempt funds by turnover receivers, many judgment debtors have had exempt funds seized without any real due process.

Solution: Nothing in the turnover statute precludes the Supreme Court from issuing procedural rules to govern the turnover process, much like the rules of civil procedure govern the procedure for garnishment actions. Rules governing the issuance of turnover orders, appointment of turnover receivers, and the mechanisms for challenging turnover seizures should be promulgated.

Specifically, the Court should create a rule requiring that judgment debtors receive notice either before or after the issuance of a turnover order or an order appointing a turnover receiver, so they have the opportunity to demonstrate that their only funds and/or assets are exempt from turnover. At a minimum, a rule should issue that gives 10

judgment debtors a post-seizure right to file a motion to challenge the seizure of exempt funds. Such a rule should provide for a timely hearing after the filing of a motion or a notice of exemption and that any such ruling is considered a final order subject to appeal. The procedure should be basically the same as that afforded to judgment debtors in garnishment proceedings, which would encompass the proposed new notice in garnishment proceedings.

In addition, since many consumer debtors are not even aware of turnover until a turnover receiver has removed funds from their checking account, a rule addressing finality would be helpful as well. Specifically, an order denying a motion to return exempt funds (typically filed well after the turnover order and appointment of receiver has occurred) should be treated as final, so consumer judgment debtors can more easily contest exemption rulings in justice court by appealing to county court.

3. Exemption for Basic Living Expenses Problem: Under Texas law, wages are exempt from debt collection both in the Texas Property Code and in the Texas Constitution.13 These wage protections have long been a part of Texas law. The provision in the Texas Constitution was first adopted in 187614 and was amended in 1983 and 1999 to allow narrow exceptions for garnishment of child and spousal support. The law and amendments date back to a period when most people were paid by cash or by check. As a result, there is no explicit protection of wages once they are deposited into a depository account, and they are therefore currently subject to garnishment.

As a result, an old judgment could result in a person losing all income and liquid assets, causing new defaults on current loans and basic living expenses. In addition, some exempt liquid assets, such as child support and spousal support cannot be easily identified in advance of freezing or garnishing an account, leaving people to default on current obligations until they are able to challenge the garnishment or freezing of the account. The economic crisis spurred by the COVID-19 pandemic makes this issue particularly important.

Solution: Modernize wage exemption language in statute to establish a minimum cash exemption to ensure that families can cover basic living expenditures, while still allocating remaining funds to repay the debt.

13 14

Tex. Const. Art. 16, § 28 and Tex. Prop. Code, § See: https://tlc.texas.gov/docs/amendments/Constamend1876.pdf

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Appendix A: Sample Citations Harris County Example: Case Number: 201100002229 Plaintiff vs.

Defendant

THE STATE OF TEXAS COUNTY OF HARRIS

§ § § § §

In the Justice Court Harris County, Texas Precinct 1, Place 1 7300 North Shepherd Drive Room 138 Houston, TX 77091 713-274-069

Citation (Debt Claim Case)

TO: ANY SHERIFF, CONSTABLE, PROCESS SERVER CERTIFIED UNDER ORDER OF THE SUPREME COURT, OTHER PERSON AUTHORIZED BY COURT ORDER, OR CLERK: Deliver this citation, together with a copy of the petition, to: Defendant Name Defendant Address Phone Number: TO THE DEFENDANT: You have been sued. You are commanded to appear by filing a written answer to the petition filed by Plaintiff with the Clerk of the Court on or before the end of the 14 th day after the date of service of this citation. If you fail to file an answer as required, a judgment by default may be rendered for the relief demanded in the petition.

Date Petition Filed: 01/03/2020 Nature of demand made by Plaintiff(s): money owed in the amount of $2,719.91. A copy of the petition is attached.

Notice You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with these papers. If the 14 th day is a Saturday, Sunday, or legal holiday, your answer is due by the end of the first day following the 14th day that is not a Saturday, Sunday, or legal holiday. Do not ignore these papers. If you do not file an answer by the due date, a default judgment may be taken against you. For further information, consult the Texas Rules of Civil Procedure, Part V, Rules of Practice in Justice Courts. A copy of the Rules is available at http://www.jp.hctx.net/ or at the Justice Court.

Date: 1/3/2020

/s/ Marisol Garcia Clerk of the Court Harris County Justice Court Precinct 1, Place 1

Address of Plaintiff’s Attorney Address of Plaintiff Address Unknown

12

El Paso County Example:

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National Consumer Law Center Example of a Plain Language Citation from the Model Family Financial Protection Act (2019): NOTICE OF LAWSUIT (DATE) (NAME OF COURT) (COUNTY) (STREET ADDRESS, ROOM NUMBER) (CITY, STATE, ZIP CODE) (NAME OF DEFENDANT) (ADDRESS OF DEFENDANT) PLAINTIFF (person suing): DEFENDANT (person sued): NAME OF ORIGINAL CREDITOR, UNLESS SAME: CASE NUMBER: ATTENTION: A lawsuit has been filed against you claiming that you owe money for an unpaid credit card, medical, student loan, or other debt. You should expect to get a copy of a document called a “complaint” [Insert description of all forms of service that are permitted in the state, e.g., “delivered by a sheriff’s deputy or by certified mail”]. You should go to the courthouse at the above address as soon as possible to respond [in writing] to the lawsuit. [Or insert other instructions for how to respond.] You can ask the clerk’s office for a copy of the complaint if you have not received it within one week of this notice.

You may wish to contact an attorney. [For courts that provide assistance by a volunteer attorney or have other pro se assistance: If you do not have an attorney, help may be available at the court.][Insert a reference to legal services organization, www.consumeradvocates.org, or bar association referral service if applicable.]

If you do not respond [in writing] to the lawsuit, the court may enter a judgment against you. Once entered, a judgment can be used against you for ten (10) years, and your money, including a portion of your paycheck and/or bank account, may be taken. A judgment will hurt your credit score and can affect your ability to rent a home, find a job, or take out a loan.

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There can be other very serious consequences for you if a judgment is entered against you. [If applicable: See [brochure or website] for details.]

It is important that you [insert necessary response: mail a written response to the clerk; appear at the time and place stated above, etc.].

Additional information can be found at the court system website at:

Appendix B: Example Answer Form CAUSE NO. ____________________

_____________________________

§

PLAINTIFF

§

IN THE JUSTICE COURT

§ v.

§

PRECINCT NO. ________________________

§ ______________________________

§

DEFENDANT

§

______________________ COUNTY, TEXAS

DEFENDANT’S ANSWER (SMALL CLAIMS OR DEBT CLAIM CASE) I.

General Denial: My name is ___________________________________________. I generally deny each and every allegation that Plaintiff has made and demand that all allegations be proven. [The Plaintiff is the person/creditor suing you.]

II.

Additional Pleas and Affirmative Defenses: [Check any box that applies]: I do not owe this debt because: Account or Identity Theft Issues ⧠ The account is not my account. ⧠ I am not the person who took out this debt or made the charges to the account. ⧠ I am a victim of identity theft and I did not create this debt.

Bankruptcy ⧠ This debt was discharged in bankruptcy. [This generally applies if you filed for bankruptcy after you got this debt and it was included in the bankruptcy case.] ⧠ This debt is part of a current bankruptcy case. My bankruptcy case number is: _______________________.

Contract/Creditor Issues ⧠ I do not have a debt or contract with the Plaintiff. ⧠ I was a co-signer on the debt but was not told my rights as a co-signer. ⧠ I did not get anything in exchange for agreeing to the contract or the Plaintiff did not do what s/he was supposed to do under the contract. ⧠ I legally cancelled the contract and do not owe anything. ⧠ The creditor cancelled the contract and is not entitled to payment. ⧠ The creditor lied to me, threatened me, or physically forced me to enter the contract, which means the debt was made under fraudulent circumstances or duress. ⧠ The contract is too vague or unclear to be enforced.

⧠ The contract is illegal, against public policy, or unconscionable.

Debt Amount or Ownership Issues ⧠ I do not owe any money at all. ⧠ I do not owe as much as the Plaintiff says. ⧠ I paid off $______ more on the debt than the Plaintiff says. ⧠ I dispute any amount owed over $____________. ⧠ I, or someone associated with me, have already been sued for this debt. ⧠ The Plaintiff is not the original owner of the debt and may not be able to prove that s/he owns the debt. ⧠ Other: __________________________________________________________ Debt is Too Old ⧠ The statute of limitations has expired on Plaintiff’s claims. [The statute of limitations generally prevents debts from being collected if they are more than four years past due.] ⧠ The debt claim is not able to be collected because the Plaintiff waited too long to bring this claim against me. [Also called laches.]

Unfair or Bad Behavior of Plaintiff ⧠ The original creditor or Plaintiff acted unfairly when creating this debt. ⧠ The original creditor or Plaintiff has acted unfairly in collection of this debt. ⧠ It has already been determined that this debt is not collectible due to unfairness or a lack of a contract between me and the original creditor or Plaintiff. [Also called estoppel.]

Illegal Acceleration of Loan: [Some loan agreements allow the lender to require a borrower to repay the rest of the outstanding loan all at once under certain circumstances, for example, missing too many payments. The language, or “clause’ in the loan agreement is often called an Acceleration Clause.] ⧠ I did not do anything to violate the loan agreement that would allow the Plaintiff to accelerate the loan. ⧠ The Plaintiff was not allowed to accelerate the loan.

Deficiencies: Money owed after a repossession and sale of a car or other vehicle. ⧠ I did not receive a letter from the creditor before the sale of my vehicle. ⧠ The property was not sold in a commercially reasonable manner, which means the property was not sold in a fair way. ⧠ Interest Rate Issues: The interest rate or the amount of interest listed is not correct. ⧠ Please list any other issues you would like to the court to know: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ III.

JURY REQUEST: If you would like to request a jury, you can check the box and include the fee with this answer form. This is your choice. It is not necessary to request a jury.

⧠ I would like a jury trial and understand that the fee is $22 and must be paid at least 14 days before trial.

IV.

Relief Requested: I ask that the Court enter judgment in my favor, award my costs and any other relief to which I may be justly entitled.

Respectfully submitted,

Signature of Your Attorney, if you have one

_____________________________________________ Signature of Defendant (Your signature) Printed Name: _________________________________ Address: ______________________________________ ______________________________________ Telephone: ____________________________________

_____________________________________________ Signature of Attorney Printed Name: _________________________________ Address: ______________________________________ ______________________________________ Telephone: ____________________________________ Fax: __________________________________________ State Bar No.:__________________________________

CERTIFICATE OF SERVICE I certify that a copy of this Answer was sent to the Plaintiff on ______________________, 20_____, in compliance with Texas Rule of Civil Procedure 501.4 by:  Personal delivery to: ______________________________________________________________________________  Mail or courier to this address: ______________________________________________________________________  Fax to this number: ______________________________________________________________________________  Email (only allowed if both parties have agreed in writing and provided an email address) to this email address: _____________________________________________________________________________  Another method approved by the court: ____________________________________________________________

_______________________________________ Defendant’s Signature

Exhibit F Texas Online Dispute Resolution Policy Framework 1.0 Baseline Standards for Implementing Online Dispute Resolution in Texas Courts Proposed Policy Framework for Consideration by Office of Court Administration, Civil Justice Committee, July 6, 2020 Introduction This policy framework was developed through a partnership of academic, law, policy, and access to justice experts. Authors include: Dr. Tony Fabelo, Senior Fellow for Justice Policy at the Meadows Mental Health Policy Institute, working as a consultant for Pew Charitable Trusts Civil Legal System Modernization project (https://www.pewtrusts.org/en/projects/civil-legalsystem-modernization) and in partnership with the Texas Office of Court Administration; Professor Mary Spector, Associate Dean for Clinics, Director of the Civil/Consumer Clinic and Professor of Law at the Southern Methodist University’s Dedman School of Law; Trish McAllister, Executive Director of the Texas Access to Justice Commission; and Ann Baddour, Director of the Fair Financial Services Project at Texas Appleseed. The goal is to provide information to the Civil Justice Committee of the Texas Office of Court Administration and other state policy makers as they seek to enact policies to guide the development of Online Dispute Resolution (commonly known as ODR) systems in Texas.

ODR is defined as the use by Civil Courts of an online process in which the parties in civil litigation resolve their disputes to the parties’ mutual satisfaction, using an online portal that complies with the minimum ODR standards and is administered by the court. It must include court oversight and may include the assistance of a mediator communicating electronically or inperson with the parties.

This framework has been informed by international ODR standards, interviews with Texas courts implementing ODR, and a study of ODR platforms implemented in the United Kingdom, Canada, and the United States. Pew is also partnering with Collin County judicial and county officials to pilot and test the effectiveness of an ODR model in Justice of the Peace, Precinct 3-1 Court presided by Judge Chuck Ruckel. Pew’s partnership in Collin County is part of its larger “Civil Legal System Modernization” project named above, which includes a partnership with the National Center for State Courts (NCSC) to assess ODR systems.

The readers should note that as more conversations and experience in evaluating the Collin County pilot develops, the author may provide updates to this framework. That will be noted by the versions and dates above.

1

Overarching Principles Texas courts and others across the country are experimenting with court-sponsored online dispute resolution (ODR) as a way to increase access to the courts while maintaining the integrity of the judicial system. If implemented well, ODR has the potential to increase efficiency in the court system while also furthering fundamental access to justice principles. An effective ODR platform should: (a) (b) (c) (d)

Increase access to the courts for all parties; Enable all parties to participate meaningfully and effectively in court processes; Promote timely and cost-effective resolution of disputes; and Achieve a just result.

The COVID-19 pandemic has given new attention to court-sponsored ODR, as an option for parties to participate remotely in court and to reduce case backlogs that have built up due to court closures during the stay-at-home orders that were in place for much of the Spring of 2020.

These standards provide a draft for discussion of a suggested policy framework that parallels the development of the state indigent defense improvement policies adopted in the Texas Fair Defense Act of 2001. The Texas Fair Defense Act required the submission of local plans to the state delineating how local courts and counties will administer improvements and follow best practices standards.

Any statewide implementation of court-sponsored ODR should integrate minimum standards that align with the efficiency and integrity of the court process.1 An ODR platform should be: ●

Accessible: ODR systems should be developed from a user’s perspective and based in user-tested technology and best practices. They should be accessible to individuals with disabilities, those with limited English proficiency, and to those without access to an attorney. They should be in plain language with simple explanations of processes and procedures. They should be accessible and fully functional across a variety of common device types, such as desktop computers and mobile phones. Systems also must actively screen for individuals who do not have access to sufficient technology to engage in an online-only platform.

●

Fair and Impartial: ODR must treat all parties equally and with respect and dignity.

ODR must comport with due process, without bias or benefits for or against individuals, groups, or entities. It should allow often marginalized voices to be heard, and ensure that offline privileges and disadvantages are not replicated in the ODR process. ODR should minimize power differentials between parties, including the provision of timely access to relevant laws governing the case, easy to use forms, and plain language information and

1

These standards are adapted from those developed by the International Council for Online Dispute Resolution (ICODR), an international nonprofit focused on the use of technology to resolve disputes and conflicts in an equitable and accessible manner. The standards draw on the work of ICODR, other research, and information specific to the Texas courts.

2

other tools that inform the parties of their rights and responsibilities in that specific case type. Conflict of interest of providers, participants, and system administrators must be disclosed in advance of commencement of ODR services. ●

Competent: ODR systems must be specifically designed by experts to accommodate designated case types. Each case type, such as debt claim or small claim cases, should be individually assessed for the appropriateness of using an ODR platform by a committee of expert stakeholders convened by the Texas Office of Court Administration.

The committee should designate specific standards and features for each case type deemed appropriate for ODR and develop a process for how those cases should proceed in court if the ODR platform does not lead to a solution.

●

Confidential and Secure: ODR systems must protect confidentiality for the users while requiring appropriate access to data, consistent with standards applicable to other court proceedings. Data collected and communications between those engaged in ODR must not be shared with any unauthorized parties and users must be informed of any breaches in a timely manner.

●

Legal: ODR systems must preserve principles fundamental to the court when processes go online, such as providing notice of the case, the opportunity to be heard in court if an agreement cannot be reached, and judicial review of any settlement reached.

●

Transparent: ODR systems must provide clear and easily understandable information about how to use the system, the consequences of failing to participate, and the enforceability of the processes and outcomes. Data in ODR must be gathered, managed, and presented in ways to ensure it is meaningful, not misrepresented or out of context, and must be owned and controlled by the court.

●

Efficient: Integrate ODR systems into the court processes in a manner that reduces redundancy of procedures and streamlines the court experience for users and does not create undue burdens for the court. Ensure that users are not required to pay additional fees in courts that require mandatory participation and when participation is optional, defendants should not be required to pay additional fees to use ODR systems, and that implementation of ODR provides for potential cost savings to the civil justice system; and,

•

Monitored: Baseline data should be collected in each case type in which ODR will be used and compared to data collected after the implementation of ODR to ensure that ODR is fair and effective. Ongoing evaluation of ODR systems should be conducted to ensure compliance with the above standards and to monitor the use and effectiveness of the system. Changes should be made to ODR systems as indicated.

3

Proposed Texas Policy Framework 1.0 Section 1: Definition Online Dispute Resolution commonly known as ODR is defined as the use by Civil Courts of an online process in which the parties in civil litigation resolve their disputes to the parties’ mutual satisfaction, using an online portal that complies with the minimum ODR standards and is administered by the court. It must include court oversight and may include the assistance of a mediator communicating electronically or in-person with the parties.

Section 2: Authorization Third Party Vendor The Texas Office of Court Administration may develop and administer a statewide ODR platform for Texas courts or pre-approve third-party vendors that the court or county of jurisdiction may contract with to provide ODR. All platforms must comply with the minimum standards.

Section 3: Scope The implementation of ODR is authorized in a jurisdiction for resolving cases where both parties are represented. In cases where only one party is represented, additional features and accommodations must be part of the system for ODR to be used.

Important minimum standards for scope of ODR, including for cases where only one party is represented by counsel: • • • • •

Accessible Fair and Impartial Competent Legal Transparent

Section 4: Required Local ODR Plan The local judicial board and administrative judge need to approve an ODR administrative plan for their courts of jurisdiction. The plan needs to include a statement by the county administrator (Commissioners Court or County Manager) stating that the county will have available funds to support the proposed system and this statement needs to be included in the plan. The county commissioners will select, through their procurement process, an ODR platform approved by the Texas Office of Court Administration and recommended by the local courts for the administration of the ODR. The plan needs to identify a court official responsible for overseeing the implementation of the plan. The plan needs to be submitted to the Texas Office of Court Administration for review before implementation of ODR. The Texas Office of Court Administration shall review the local plan for compliance with the minimum ODR standards within 180 days of submission by the local administrative judge. The 4

local administrative judge shall address modifications to the local plan within 90 days of the Texas Office of Court Administration review or request an extension to be approved by the Texas Office of Court Administration. Upon approval of the plan by the Texas Office of Court Administration, the local administrative judge will submit the plan for approval by the Texas Supreme Court as part of their local administrative rules.

The local plan will be reviewed by county commissioners and the Texas Office of Court Administration every two years. The review must include an assessment of program outcomes based in the monitoring requirement in the minimum standards. Any significant changes to the operation of an ODR system will require the submission of an updated and amended plan for review by the Texas Office of Court Administration. The amended plan should then be submitted to the Texas Supreme Court for approval, as an amendment to local administrative rules. Significant changes are defined as changes to items (a) (b) (c) in Section 5.

Section 5: Structure of the Local Plan The local plan required under Section 4 needs to specify how the ODR will be integrated into the current or planned workflow and case management functions. The plan needs to specifically address the following in compliance with the minimum standards: a.

Threshold Considerations i. Court(s) designated to operate ODR ii. Type of cases to be handled by ODR iii. Voluntary or mandatory use, including clear opt-in or opt-out options for any of the parties

Important minimum standards for threshold considerations of ODR: • • • • • b.

Competent Accessible Fair and Impartial Efficient Legal Implementation Process Considerations i.

Identifying ODR technology vendor and implementation of a competitive procurement process. Implementation process should include contingencies for transfer of all system data back to the court in a usable format in the event of termination of the contract at a future date.

Important minimum standards for implementation considerations: • Transparent • Efficient • Confidential and Secure 5

ii. Integration with e-filing and case management systems such that: o

ODR platform integrates with e-filing and case management systems to prevent manual duplication of data

o

Communication within the platform is confidential (unless waived by all parties) and is not entered into the court record or discoverable

Important minimum standards for integration with existing systems: • Legal • Efficient • Competent iii. Accessibility (including availability via a range of electronic devices, such as mobile phones) and compliance with the Americans with Disabilities Act, applicable state laws and regulations related to accommodations for persons with disabilities, and linguistically appropriate access for those with limited English proficiency.

Important minimum standards for accessibility: • Accessible • Fair and Impartial iv. Engagement of mediators or other neutral third parties to support fair case resolution, including establishing set procedures and timeframes for each phase of online dispute resolution, including party-to-party negotiation, mediation with a third party neutral, notice to the court of settlement/nonsettlement, commencing to a hearing/trial, and case disposition.

Important minimum standards for engagement of mediators or other neutral third parties: • Accessible • Fair and Impartial • Transparent • Legal • Confidential v. Enactment of uniform rules, policies, and procedures to govern the use of ODR and party participation in ODR. c.

Notice i.

Notice to plaintiff and defendant of ODR process

ii. Notice to defendant of case filing 6

iii. Notice to both parties of established timeframes by which each stage in the ODR process must be completed (i.e., party-to-party negotiation, mediation, etc.)

Important minimum notice standards: • • • d.

Legal Transparent Fair and Impartial

Information i.

Information regarding use of the ODR platform

ii. Legal information regarding parties’ rights and responsibilities to guide them through decision-making in the ODR platform Important minimum information standards: • Transparent • Fair and Impartial • Legal e.

Review i.

Judicial review of proposed settlement agreements and orders prior to enforcement and preserving the ability of participants to negotiate a settlement that is not registered as a judgment.

Important minimum review standards for settlement agreements: • Legal • Fair and Impartial

ii.

Judicial review of cases not resolved through ODR should be referred back to the court for a hearing.

Important minimum review standards for judicial review of cases not resolved through ODR: • Legal • Fair and Impartial • Efficient

f.

Post-ODR Process i.

Appeals: Same rights to appeal must apply whether the judge resolves the case online or in a traditional court.

Important minimum standard for appeals: 7

•

Legal

ii. Settlement Orders: Settlement orders are fully enforceable by the court once reviewed the judge in accordance with existing legal standards.

Important minimum standard for settlement orders: • Legal g.

Support for Court Staff and Users i.

Court staff: ODR platform provider must conduct full demonstrations of the of ODR platform, train court staff and mediators, and user-test the platform with court staff and mediators prior to public launch. The provider must correct any identified problems or issues with the platform in advance of the launch.

Important minimum standard for court staff support: • Accessible • Legal • Competent • Efficient

ii. Users and other stakeholders: Court staff and ODR platform provider should maintain trained staff to provide procedural assistance and/or maintenance and technical support services during their regular business hours accessible by online portal, email, and telephone. Materials accessible to self-represented litigants must be developed and shared in advance of interacting with the ODR platform to offer instructions on using the platform and the rules of engagement for all parties.

Important minimum standard for user and stakeholder support: • Transparent • Legal • Accessible • Competent • Fair and Impartial h. Monitoring and evaluation must be integrated into ODR platforms to assess outcomes and target areas where adjustments are needed. i.

Best Practice: Basic metrics to be reported quarterly to the designated ODR administrator to monitor the effectiveness of the ODR system. o

Number and type of cases filed

o

Demographic distribution of the population (e.g., race, gender, age, zip code) 8

o

Number of cases disposed

o

Of the cases disposed, average time from filing to disposition

o

Of the cases disposed, type of dispositions

o

Representation rates for plaintiffs and defendants

o

Number of customer satisfaction survey completed and results

o

Default judgment rates

o

Dismissal rates

o

Outcomes, including a comparison of outcomes pre- and post-ODR, such as the judgment amount agreed to through ODR compared to amount requested in the original filing in a debt claim case

o

Monitoring settlements for a period to see if the defendant is able to meet the terms (indicated the result was workable for the defendant)

ii.

Best Practice: Embed a survey within the ODR platform which courts can use to monitor customer satisfaction with the ODR platform and process.

iii.

Best Practice: When resources allow, engage a third-party evaluator to conduct a rigorous study examining the efficacy of the ODR platform, and offer recommendations for program improvement.

Important minimum standard for monitoring and evaluation: • Monitored

Section 6: Grandfather Provision Local jurisdictions presently operating ODR for resolving small claims, landlord/tenant, debt collection, home equity foreclosure cases or traffic tickets can continue to operate those systems but are required to submit the required plan under Section 4 no later than one year after the implementation of this framework. Local jurisdictions presently operating ODR shall modify their local ODR based on recommendations by the Texas Office of Court Administration after their plan review following the procedures set in Section 4.

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Exhibit G Pro Bono Spring Break - Week 1 Disability Rights of Texas By: Aubrey Eyrolles, UNT Dallas College of Law My Pro Bono Spring Break experience was at Disability Rights of Texas (DRTX) in its Fort Worth office. My supervising attorney, Kathryn Hogan, works on the Education team, which specifically focuses on working with disabled children to ensure they receive their legally protected right to a free appropriate public education.

DRTX is a very interesting organization. The organization has several offices all over the state of Texas. It is the federally designated Protection and Advocacy (P&A) organization in Texas, which means it protects people with intellectual, developmental, sensory, physical and other disabilities, as well as mental illnesses. The agency works with unserved or underserved disabled populations to help them navigate the legal system and protects their personal and civil rights. DRTX has a variety of different teams that focus on different issues for disabled individuals including housing, education, civil rights, employment, and transportation. To qualify for DRTX’s services, potential clients must have an income below a certain level.

During my time with DRTX, I worked on three different cases. All three involved teenagers who had various issues with their special education placements. To help Ms. Hogan, I did research on education laws, both federally and in the state of Texas, and I reviewed case law to strengthen the arguments for why the various school districts violated federal and state laws. I also did document review to find relevant information that strengthened the various TEA complaints that Ms. Hogan intended to file on her clients’ behalf.

I feel like I really contributed to the team this week. These children deserve better than what they receive from their schools, and it is kind of scary that the parents need to bring lawyers in to make sure that the schools are following the law. The population served by DRTX is lowincome parents and children who luckily found DRTX, but I cannot stop thinking about all the parents who cannot afford attorneys and who either do not know about DRTX (or a similar organization), or who cannot be served due to the lack of resources at various organizations who handle these cases.

I really enjoyed my experience with DRTX. I did not know much about the organization when I walked in the door other than what was on the website. After my experience this week, I can happily say this organization is on the list of places I am interested in working for when I graduate from law school. As a student with an interest in public interest law, but without a specific idea of what population I want to serve, this experience helped me narrow down my interests. This experience also opened my eyes to the number of Texans who cannot afford legal services, and the need for more attorneys who focus on that underserved population. Access to legal advice should not depend on how much money you make. I am grateful for the experience, and I hope that many other law students in years to come will take advantage of Pro Bono Spring Break.

Lorraine Garcia TAMU School of Law Spring 2020 – Week 1 The Texas Advocacy Project (TAP) works to prevent domestic violence, sexual assault, and stalking by offering free legal aid to the most vulnerable people in our communities. When I matched with this organization, I had little interest in practicing family law because I did not believe I would be able to manage the personal emotional toll working with families going through the trauma of separation. My parents are divorced, and I did not want to open my own wounds by helping and supporting others going through this painful process.

Working at TAP showed me that I’m strong enough to do this type of work. I was riveted immediately. TAP’s legal work is comprehensive; it litigates; writes memos, orders, and court briefs; and provides direct services to clients. I got to go to court; call county offices; and write a memo on an issue that necessitated a creative approach to a seemingly straightforward issue. I cared about the work that I got to do in a way that I had not yet experienced since attending law school. As a person drawn to public service, I was reminded that passion can and does exist in the legal realm.

Before I joined one of my supervising attorneys at court, I felt deeply insecure about ever litigating. Representing a client in front of a judge and/or jury seemed so performative; and I have been incredibly reluctant to be the advocate my future clients need when that advocacy rests on a public showing in front of people I respect and who hold my clients’ future in their hands. The reality is that judges are human, too. A well-prepared case coupled with an attorney who understands the issues garners respect from those the case is being made to. By simply watching the proceeding, I learned that litigation is only a performance if the attorney

Lorraine Garcia TAMU School of Law Spring 2020 – Week 1 makes it one. There’s a path to success by simply being prepared and grounded in knowledge of the issues being presented. I will forever be thankful for this lesson.

Significantly, I got to work with and learn from strong and fiercely smart women. I’m a first-generation college graduate and the only person in my immediate and extended family that has ever worked toward a professional degree. I’ve struggled with finding my place in the law because I haven’t worked with many people I relate to. The women I worked for at TAP eased a lot of my feelings of inadequacy because they took the time to conversate with and show me how to be successful. I was comfortable and self-assured; feelings I rarely have in a new environment. Because I had a career before attending law school, I know that good management is rare – TAP is staffed by talented and compassionate leaders.

I am deeply grateful to the Texas Access to Justice Commission for giving me the opportunity to work with TAP. What I thought would be a fun and meaningful way to learn new skills turned out to be much more than that. It was transformative. A meaningful legal career filled with passion is no longer an out of reach dream, but something I can fully see and grasp.

Exhibit H

The Transformative Work of a Legal Aid Attorney

Patricia Akinfenwa Access to Justice Internship Program – Spring 2020 State Bar of Texas June 5, 2020

Introduction: The Internship The Texas Access to Justice Internship Program offered an immersive experience working in public interest law, serving clients who could not afford legal representation, which ultimately limited their access to our `justice system. Grateful for the opportunity to embark on early legal training, my broad goals for the internship included serving low-income families in the Lubbock and South Plains region of West Texas, gaining valuable insight on handling civil claims in a non-profit public interest firm, and to gauge my interest in pursuing this practice area. First, I examined the environment—a rural community.

Serving in a New Environment Stepping outside the law school building into the surrounding community presented a new perspective—rural life. This new service position illuminated challenges exclusive to the rural community.

Living in West Texas comes with its advantages: ample land, reduced living costs, and a close-knit environment.

Other elements parallel with those of urban communities, like county restaurants and ranch styled architecture in place of countless fast food chains and modern buildouts. However, right outside the university’s boundaries, poverty pervaded the community, indicating a desperate need for gratuitous services.

Legal Aid Legal Provider This Spring, I interned with the non-profit organization, Legal Aid of Northwest Texas. With several on-staff attorneys, our firm handled a broad variety of cases ranging from estate planning to family law. Upon initiation of my internship. The supervising attorney allowed me to choose which types of law I wanted to observe, then, for most of my projects, paired me with an attorney working on several family law cases. After getting grafted in as a team member, I branched out to work with others in the firm to get a feel for other practice areas.

Community Visibility The internship ensured work inside the office and within the community. For one community project, the office partnered with the local Advanced Dispute Resolution Office to set up a pro se legal clinic. I accompanied the supervising attorney to the clinic where we met members of the community seeking help on

mostly landlord-tenant cases. The lead attorney provided general advice and guided the participants through the process of filing a case pro se. We supplied pamphlets with information that guided them through the documents that constitute a complete file, and participants toured the local law library that provided computers and more resources for filing claims as a pro se litigant. A local television station even came to film, to help spread the word about legal services offered to the community. This experience provided a direct connection with the community and illustrated the importance of community education. Following that interaction with the Advanced Dispute Resolution Office, I later returned to observe a mediation.

Observing a Client Mediation The Legal Practice law course provided background on advanced dispute resolutions, including arbitrations and mediations. The court mandated that one of our clients, a party in a divorce case, attempt to resolve the dispute through a mediation. In this mediation format, both parties remained in separate rooms with their respective attorneys. The mediator shuttled between the two rooms: first to determine what each side wanted, then to negotiate an agreement. Observing both sides of the mediation proved a beneficial experience, and I identified the importance of effective communication in the legal profession. An important principle I carried into my independent projects.

The Value of an Intern My substantive internship projects included a broad range of topics: estate planning, family violence, marriage property, and personal property. The marriage property project corresponded well with principles taught in Property Law this semester. Our client sought help filing a petition for divorce and requesting that debt acquired by the adverse party during the marriage receive separate property designation, rendering liability to the defendant. To start that project, I researched the status of the debt and gathered useful information for both the case and the client.

One afternoon, after I completed the factfinding portion of the case, the attorney supervising this case requested that I update the client. Grateful for the opportunity and vote of confidence, I made the call, expecting an uneventful exchange. A brief recitation of the facts, a status update on the current case, and a

request for questions that I, of course, could not answer as a student intern but would note for attorney followup. Initially, the exchange went as expected: I disclosed my findings and proceeded to update the client on the case status. Then, the unexpected happened: after hearing that we successfully filed the divorce petition, the client broke down in tears. Caught off-guard, I paused, waiting for the client to gain composure. After the client expressed gratitude for our help, I hung up the phone and reflected on the experience, one I nearly missed.

Earlier that day, I contemplated whether time permitted me to go into work during an unexpected class cancellation. I wondered if my work even mattered: after all, I was, “just an intern.” One client call changed transformed my outlook on the value of an internship. One client call proved that even the abbreviated time an intern spends in service makes a difference. One client call taught me the magnitude of impacting one life, a statement that defines the work of a legal aid attorney.

A Last Chance The client’s deep appreciation resonated the importance of legal aid attorneys. For most of clients, legal aid services represent the last chance at access to the justice system. For many clients, the low likelihood of their success as pro se litigants means that they decide not to file. Without legal aid services, a potential client loses the custody of a child, a family continues to suffer—without justice—from domestic violence, and another member of the community dies without a will. Legal Aid service providers and their staff attorneys offer communities access to our justice system that do not exist due to financial constraints. For many, Legal Aid is their last chance.

Exhibit I April 6, 2020 The Honorable Colin Allred United States House of Representatives 328 Cannon HOB Washington, D.C. 20515 Re:

Texas Lawyers Support for Increased Funding for the Legal Services Corporation and Its Vital Work

Dear Congressman Allred: As current and past Presidents and Chairs of the State Bar of Texas, local and specialty bars Presidents, firm managing partners, recognized leaders among the trial bar, leaders in access to justice efforts, and members of the Texas Access to Justice Commission and Texas Access to Justice Foundation, supported by the Supreme Court of the State of Texas, we write to urge support of increased funding for the Legal Services Corporation (LSC). Day in and day out, LSC programs assist Texans facing the toughest circumstances with needed legal help they otherwise could not afford.

Those helped by LSC include some of the most vulnerable Texans, such as, children, veterans, seniors, persons with disabilities, and survivors of domestic violence. At current funding levels, only an unacceptably low percentage of those needing LSC help can receive it.

Currently, due to lack of resources, less than 10 percent of the civil legal needs of working Texans are being met. The Texas Supreme Court has been a consistent leader in seeking greater access to our justice system for all Texans. For fiscal year 2020, Texas legal aid programs received approximately $37 million from federal appropriations. Yet, these programs still struggle to meet so much of the demand for services. The programs are working hard, but they need greater resources. Our Supreme Court has supported continued and increased LSC funding because they believe, as do we, that all Texans deserve fair and equitable access to our justice system.

LSC providers steward their funds carefully and monitor expenditures as they are required by Federal law to do to ensure the faithful application of those funds to serve basic civil legal needs. As the backbone of our nation’s delivery system for legal services to the poorest Americans, their role goes well beyond just providing direct legal services to their qualifying clients. LSC providers also perform an essential role in encouraging private lawyers to give pro bono services to needy Texans. They provide pro bono lawyers with mentors and train them in unfamiliar substantive legal areas like domestic violence, improper denial of veterans' benefits, housing issues, and more. They handle all intake duties, including screening cases for merit and ensuring the client meets income guidelines before referring the client to a pro bono volunteer, or handling the matter internally. LSC providers also monitor all cases referred to pro bono volunteers and provide support as needed. Volunteer lawyers know they are representing a low-income client with a worthy case, and they can get support from an LSC provider if they need it during the representation.

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Encouraged by LSC’s efforts or acting on their own, Texas lawyers are doing their part to help poor Texans access justice. A State Bar of Texas survey showed that Texas lawyers spent an estimated $564 million worth of time on pro bono efforts serving the poor in 2017. Lawyers also spent approximately $12.6 million in out-of-pocket expenses related to providing legal services to the poor.

LSC providers also offer an infrastructure to respond to wide-scale emergencies like hurricanes and tornadoes that cripple communities. As we begin to see the toll the coronavirus is taking on our society, and particularly the poor, we anticipate a myriad of legal issues impacting the poor will emerge as a result of the coronavirus pandemic. Victims of the virus and its impact on our society, communities, and our economy, will no doubt gravely increase the number of impoverished Texans who need legal assistance. Without LSC’s help, these individuals will likely have nowhere to turn.

LSC’s activities also create economic benefits for Texas. According to a Texas study by the Perryman Group, for every $1 spent on civil legal aid, the overall gains to the Texas economy are more than $7 in total spending, $3.59 in gross product, and $2.22 in personal income.

If we do not want to make a mockery of our pledge of allegiance claiming "justice for all," we must continue funding LSC as well as our pro bono efforts. As Justice Scalia put it in a speech celebrating the organization’s 40th anniversary, LSC "pursues the most fundamental of American ideals" for "without access to quality representation, there is no justice."

Thank you for your consideration. If we may furnish further information or answer any questions, please advise us.

Very truly yours,* Richard M. Abernathy, Abernathy, Roeder, Boyd & Hullett, P.C., McKinney Barry Abrams, Blank Rome LLP, Houston Bernardino Agosto, Jr., Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner, Houston Charla G. Aldous, Aldous Walker - Attorneys at Law, Dallas Joseph R. Alexander, Jr., The Alexander Firm, Houston Angelica "Angie" G. Alfaro, Houston Pablo Almaguer, 2010-11 Chair of the Board, State Bar of Texas, Edinburg Ervin A. "Trey" Apffel, State Bar of Texas Executive Director, Austin Kim J. Askew, DLA Piper, Dallas Missy Atwood, Germer, PLLC, Austin

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Brandy M. Austin, Brandy Austin Law Firm, PLLC, Arlington Austin Bar Association, Austin Austin Bar Foundation, Austin Austin Young Lawyers Association, Austin Darrell L. Barger, Hartline Barger LLP, Corpus Christi David J. Beck, Beck Redden LLP, Houston Susan Bickley, Blank Rome LLP, Houston Monica S. Blacker, Dallas Richard Bonner, Kemp Smith, LLP, El Paso Duana J. Boswell-Loechel, Attorney at Law, Houston George E. Bowles, Locke Lord LLP, Dallas Rickey Brantley, BrantleyPelley, PLLC, Fort Worth Eugene "Chip" W. Brees, Whitehurst Harkness Brees Cheng Alsaffar Higginbotham & Jacob PLLC, Austin Hon. Scott A. Brister, Hunton Andrews Kurth LLP, Austin Quentin Brogdon, Crain Brogdon Rogers, LLP, Dallas D. Douglas Brothers, George Brothers Kincaid & Horton, LLP, Austin Karen C. Burgess, Burgess Law PC, Austin Jim Burnham, Law Offices of Jim Burnham, Dallas George B. Butts, George Butts Law, Austin Andrew Calder, Kirkland & Ellis, LLP, Houston Matthew W. Caligur, BakerHostetler LLP, Houston J.A. "Tony" Canales, Canales & Simonson, P.C., Corpus Christi Otis Carroll, Ireland, Carroll & Kelley, P.C., Tyler John L. Carter, Vinson & Elkins LLP, Houston Hon. John H. Cayce, Jr., Kelly Hart & Hallman LLP, Fort Worth

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David E. Chamberlain, Chamberlain McHaney, Austin George Chandler, Chandler, Mathis & Zivley, Lufkin Leena V. Chaphekar, Employees Retirement System of Texas, Austin Douglas E. Chaves, Chaves, Obregon & Perales L.L.P., Corpus Christi Joseph Cheavens, Austin Thelma S. Clardy, The Clardy Law Firm, DeSoto Jerry K. Clements, Locke Lord LLP, Austin William D. Cobb, Cobb Martinez Woodward, PLLC, Dallas Jeff Cody, Norton Rose Fulbright US LLP, Austin Bruce Collins, Carrington, Coleman, Sloman & Blumenthal, L.L.P, Dallas Calvin Lloyd Cowan, Sanderford & Carroll, P.C., Temple Tom Alan Cunningham, Tom Alan Cunningham PLLC, Houston Doyle Curry, Marshall John Dale, GableGotwals, Tulsa, OK Dallas Association of Young Lawyers, Dallas Dallas Bar Association, Dallas Harold J. Danford, Danford Law Firm, Kerrville Richard Danysh, Bracewell LLP, San Antonio Dick DeGuerin, DeGuerin & Dickson, Houston Stephen C. Dillard, Norton Rose Fulbright US LLP, Houston John Eckel, Mills Shirley LLP, Galveston Joe Escobedo, Escobedo & Cardenas, L.L.P., Edinburg Andrew "Harper" Estes, Lynch Chappell & Alsup, Midland Lance T. Evans, Evans, Daniel, Moore, Evans, Biggs and Decker, Fort Worth C. Timothy "Tim" Fenn, Latham & Watkins LLP, Houston

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Steve Fischer, Founder, Texas Family Lawyers, El Paso David J. Fisher, Orgain Bell & Tucker LLP, Silsbee Murray Fogler, Fogler, Brar, O'Neil & Gray, Houston Lucy Forbes, The Forbes Firm, PLLC, Houston William H. Ford, Ford Murray, Attorneys at Law, San Antonio Charles C. Foster, Foster LLP, Houston Neill Fuquay, McGuire, Craddock & Strother, P.C., Dallas Hon. Royal Furgeson, FurgesonMalouf Law PLLC, Dallas Kathleen A. Gallagher, Beck Redden LLP, Houston Damond K. Garza, Attorney at Law, San Antonio Minerva Garza, Law Office of Minerva Garza, PLLC, Rio Grande City Andrew P. Gertz, The Gertz Law Firm, Beaumont Robin C. Gibbs, Gibbs & Bruns LLP, Houston John Gilliam, Dallas Gerry Goldstein, Goldstein & Orr, San Antonio Carl H. Green, Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C., El Paso Dicky Grigg, Spivey & Grigg LLP, Austin Vicky Gunning, Locke Lord LLP, Dallas Chris Gunter, Gunter, Bennett and Anthes, P.C., Austin Hon. Deborah G. Hankinson, Hankinson PLLC, Dallas Rusty Hardin, Rusty Hardin & Associates, LLP, Houston Guy N. Harrison, Law Office of Guy N. Harrison, Longview Andrew Harvin, Doyle Restrepo Harvin & Robbins, LLP, Houston Albon O. Head, Jr., Jackson Walker LLP, Fort Worth John Heard, Heard & Smith, LLP, San Antonio

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Luz E. Herrera, Texas A&M University School of Law, Fort Worth William A. Hicks, Eggleston King, Weatherford Bill Hill, Dallas Graham Hill, Attorney at Law, Houston Hispanic Bar Association of Houston, Houston Houston Bar Association, Houston Houston Bar Foundation, Houston Houston Irish Lawyers Association, Houston Randy Howry, Howry Breen & Herman, LLP, Austin Rebeca A. Huddle, Baker Botts LLP, Houston J. Alex Huddleston, Clark Hill PLC, Dallas and San Antonio International Women's Insolvency and Restructuring Confederation - DFW Chapter, Dallas W. Tommy Jacks, Fish & Richardson, P.C., Austin Joseph Jaworski, Austin Lamont A. Jefferson, Jefferson Cano, San Antonio Jefferson County Young Lawyers Association, Beaumont Roland K. Johnson, Harris, Finley & Bogle, P.C., Fort Worth Frank G. Jones, Norton Rose Fulbright US LLP, Houston T. Mark Kelly, Vinson & Elkins LLP, Houston Ted M. Kerr, Midland Scott R. Kidd, Kidd Law Firm, Austin Philip M. Kinkaid, Cokinos | Young, Houston Susan E. Kinkaid, Houston David N. Kitner, Clark Hill PLC, Dallas Peter A. Kraus, Waters Kraus & Paul, Dallas

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James R. Leahy, Greenberg Traurig LLP, Houston Thomas Leatherbury, Vinson & Elkins LLP, Houston Lynne Liberato, Haynes and Boone, LLP, Houston Joe K. Longley, Law offices of Joe K. Longley, Austin J. Mark Mann, Mann Tindel & Thompson, Henderson Neal S. Manne, Susman Godfrey LLP, Houston John H. Martin, Thompson & Knight LLP, Dallas Hon. Michael Massengale, Houston Trish McAllister, Texas Access to Justice Commission Executive Director, Austin David R. McAtee II, Dallas John "Mike" McKetta III, Graves Dougherty Hearon & Moody PC, Austin Jim McKibben, McKibben Martinez Jarvis & Wood LLP, Corpus Christi Barry McNeil, Haynes and Boone, LLP, Dallas D. Ferguson McNiel, Vinson & Elkins LLP, Houston Sean K. McPherson, Attorney at Law, Houston Thomas M. Melsheimer, Winston & Strawn LLP, Dallas Harriet Miers, Locke Lord LLP, Dallas Richard W. Mithoff, Mithoff Law Firm, Houston Montgomery County Bar Association, Conroe Chad Muller, Chamberlain Hrdlicka, San Antonio Howard P. Newton, San Antonio D. Dudley Oldham, Norton Rose Fulbright US LLP, Houston Charlie Parker, Yetter Coleman LLP, Houston Andy Payne, PayneMitchell Law Group, Dallas Richard Peña, Law offices of Richard Peña, P.C., Austin

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Lewin Plunkett, Plunkett, Griesenbeck & Mimari, Inc., San Antonio Michael V. Powell, Locke Lord LLP, Dallas Roy E. Price, Jr., Attorney at Law, Longview Shannon H. Ratliff, Davis, Gerald & Cremer, Austin Barrett H. Reasoner, Gibbs & Bruns LLP, Houston Harry M. Reasoner, Vinson & Elkins LLP, Houston J. Christopher Reynolds, Reynolds Frizzell LLP, Houston Eduardo R. Rodriguez, Atlas Hall & Rodriguez, Brownsville James B. Sales, Norton Rose Fulbright US LLP, Houston Travis Sales, Baker Botts LLP, Houston Robert M. Schick, Vinson & Elkins LLP, Houston Adam T. Schramek, Norton Rose Fulbright US LLP, Austin Charles W. Schwartz, Houston Stuart R. Schwartz, ScottHulse PC, El Paso David A. Sheppard, Austin Lewis Sifford, Sifford, Anderson & Co., P.C., Dallas Mark M. Sloan, Thompson & Knight LLP, Dallas Bill C. Slusser, Norton Rose Fulbright US LLP, Houston Charles Smith, Jackson Walker LLP, San Antonio D. Todd Smith, Smith Law Group, West Lake Hills Bruce S. Sostek, Thompson & Knight LLP, Dallas South Asian Bar Association of Austin, Austin Joel J. Steed, Steed Dunnill Reynolds Bailey Stephenson LLP, Dallas Frank E. Stevenson, Locke Lord LLP, Dallas Stephen H. Suttle, McMahon Surovik Suttle, P.C., Abilene

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Tarrant County Bar Association, Fort Worth Richard L. "Dick" Tate, Richard L. Tate, Attorney, Richmond David Taylor, Locke Lord LLP, Houston Texas Access to Justice Foundation, Austin Robert L. Tobey, Johnston, Tobey Baruch, P.C., Dallas Alton C. Todd, The Law Firm of Alton C. Todd, Friendswood Betty Balli Torres, Texas Access to Justice Foundation Executive Director, Austin Terry O. Tottenham, Norton Rose Fulbright US LLP, Austin G. Thomas Vick, VickCarney LLP, Weatherford K. Nicole Voyles, Tindall England, P.C., Houston Hon. R. H. Wallace, Jr., Senior Judge, 96th District Court, Keller Johnny Ward, Ward, Smith & Hill, PLLC, Longview Larry Warren, Naman, Howell, Smith & Lee, PLLC, San Antonio Thomas A. Watkins, Husch Blackwell, LLP, Austin W. Curt Webb, Beck Redden, L.L.P., Houston John W. Weber, Jr., Norton Rose Fulbright US LLP, San Antonio David B. Weinstein, Weinstein Tippetts & Little LLP, Houston Mark S. Werbner, Winston & Strawn LLP, Dallas William O. Whitehurst, Whitehurst Harkness Brees Cheng Alsaffar Higginbotham & Jacob PLLC, Austin Cynthia L. Williams, Bedford Hon. Ken Wise, 14th Court of Appeals, Houston Scott Wulfe, Vinson & Elkins LLP, Houston Hon. Judith Zaffirini, Texas State Senator and Ex-Officio to the Texas Access to Justice Commission, Laredo

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Exhibit J

Thank You for Making a Difference in Thousands of Lives Across Texas.

2020 CHAMPION OF JUSTICE SOCIETY MEMBERS GUARDIAN

HERO $1,000+

$5,000/5 years

David J. Bertoch David Anthony Bloomer Travis Bryan Despo Dorsaneo Sara E. Dysart Michael W. Hilliard Christopher Hollins James Holmes Roland K. Johnson Alexander Knapp Peggy Montgomery

Christopher J. Pettit Harry M. Reasoner Terry H. Sears Susan Lea Smith J. Michael Solar Macey Reasoner Stokes Leah L. Stolar Terry O. Tottenham Karen Wang Evan Young Carlos M. Zaffrini, Jr.

Anonymous Alex Wilson Albright Paul E. Anderson, Jr. Yvonne Bailes Jack Baldwin Sharon Beausoleil R. Terry Bell Hon. Jane Bland David Bond M. Scott Bresk Nora Byrne Victor Navasca Corpuz Deanna Leigh Draper John Fleming Hon. Nathan Hecht George B. Hernandez, Jr. Jennifer Bruch Hogan Staci Holtzman Benedict V. James Megan Johnson Lawrence Kelly Kelly Hart & Hallman LLP Kortney M. Kloppe-Orton

Elizabeth E. Mack Pierce Marshall, Jr. Hon. Michael C. Massengale David R. McAtee II Joseph Patrick Moan Jason Mueller Milam Newby Alexander Piala MariBen Ramsey Ann Kaylene Ray Scott E. Rozzell Henry Segelke Philip Sellers Lewis R. Sifford Matthew R. Stammel Joel Jay Steed Bill Stutts Neal Sutton Will Sutton Raymond L. Thomas, Jr. Pat J. Villareal Bill Wallander Allen Eugene White

DEFENDER $500 to $999

The support of donors like these is critical to improving access to civil legal aid for low-income Texans.

Become a Champion of Justice Society Member.

Visit TexasATJ.org and join the growing community of access to justice supporters who are making access to the courts a reality for everyone.

Dee Dee D. Hoxie Zach Hughes Ronald Kirk Gavin Klein J.K. Leonard Nathaniel Lounsbury Nick Maram Bill Marple David George Matthews Trish McAllister Bryan Lyn McClellan Travis Cole McCullough Susham Modi Meredith Morrill Michele Morrison Stephen S. Mosher

Hon. Mary L. Murphy Evan Olson Victoria Ozimek Bailey Pham Hon. Barbara Powell Michael V. Powell Carroll Robertson Ray Al Richter, Jr. Aleed Janet Rivera Hon. Jan Soifer Christine Warren Luke Abraham Weedon Robert K. Williams Barbara C. Wingo John Douglas Wittenberg, Jr. Richard Zansitis (as of August 31st, 2020)

TexasATJ.org

@TexasATJ

Exhibit K

2020 CHAMPION OF JUSTICE LAW FIRMS

Thank You to Each Champion of Justice Law Firm for Making a Difference in Tens of Thousands of Lives Across Texas.

Highest Amount Raised

Boutique (10-19 Attorneys)

Small (20-44 Attorneys)

Medium (45-89 Attorneys)

Large (90+ Attorneys)

Highest Percentage of Attorney Participation

Reynolds Frizzell (tie) Rusty Hardin & Associates, LLP (tie) Phillips Murrah P.C.

Cantilo & Bennett, L.L.P. (tie) Reynolds Frizzell (tie) Smith, Murdaugh, Little & Bonham, L.L.P. (tie)

Kilpatrick Townsend Wright Close & Barger, LLP Davidson Troilo Ream & Garza (tie) Jim Adler & Associates (tie)

Davidson Troilo Ream & Garza (tie) Diamond McCarthy LLP (tie) Geary, Porter & Donovan, P.C. (tie) Kilpatrick Townsend (tie) Lynch Chappell & Alsup (tie) Waller Lansden Dortch & Davis, LLP (tie) Wright Close & Barger, LLP (tie) Zelle LLP (tie)

Susman Godfrey LLP Scott Douglass & McConnico

Scott Douglass & McConnico (tie) Susman Godfrey LLP (tie)

Vinson & Elkins Norton Rose Fulbright

Vinson & Elkins Norton Rose Fulbright

The Champion of Justice Law Firm Competition is an annual event.

For more information, contact Trish McAllister, tmcallister@texasatj.org or 512-427-1855.

Learn more about the work of the Texas Access to Justice Commission at www.texasatj.org.

TexasATJ.org

@TexasATJ

Appendix 1

Report to the Supreme Court of Texas January – November 2020

As the COVID-19 pandemic disrupted daily lives in 2020, the Texas Access to Justice Foundation as the leading funding source for legal aid in Texas, assessed the crisis’ impact on the delivery of essential legal aid services and continued forward in our mission of ensuring access to justice for all Texans during these trying times. Many Texans find themselves in poverty for the first time, seeking help after losing their jobs, homes, access to health care or having endured domestic violence. Disadvantaged Texans have experienced the loss of their livelihood requiring legal assistance with unemployment claims, landlord-tenant problems, and consumer credit, among others.

Nearly 5.2 million Texans qualified for legal aid before the COVID-19 pandemic, as Texas is home to the second-highest number of poor people in the nation. While legal aid is only able to meet an estimated 10% of legal needs, legal aid organizations provided assistance in civil matters to more than 143,000 low-income Texas families in 2019; impacting the lives of approximately 329,000 individuals. We expect the number of Texans qualifying for legal aid to rise dramatically as unemployment increases because of the COVID-19 public health crisis.

Unfortunately, as we anticipate the number of Texans eligible for legal services to grow, the drastic cut in interest rates severely affects one of the major funding sources for legal aid – the Interest on Lawyers’ Trust Accounts (IOLTA) program. The loss of IOLTA revenue will have a significant, negative impact on future grant funding the Texas Access to Justice Foundation provides to legal aid programs. Exhibit 1 The 36 legal aid programs funded by the Texas Access to Justice Foundation immediately pivoted to creating remote legal aid services and virtual client intake procedures and clinic structures so that they remained available to help clients in need during the pandemic. They also formed a statewide collaborative to coordinate advocacy efforts to maximize resources, building on their shared experiences of responding to legal needs following natural disasters, while adding the unique and emerging challenges created by the coronavirus pandemic. Legal aid providers were the leading forces behind securing statewide moratoriums on evictions, SNAP benefits and Medicaid, utility shutoffs, and other measures to help struggling Texans living in poverty or newly in poverty. Exhibit 2 The COVID-19 pandemic continues to generate additional needs for essential civil legal aid for our most vulnerable Texans. Since the Governor’s emergency declaration and as the result of quarantines and record unemployment, requests for legal help by eligible Texans has increased by as much as 35%; most notably, in cases involving evictions, domestic violence, and employment issues. Additionally, the statewide legal aid hotline and TexasLawHelp.org (which includes a COVID-19 resource page), is seeing increased usage by 75% month-over-month compared to this time last year.

Texas Access to Justice Foundation Report, January – November 2020

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Texas Legal Aid programs are working hard to meet emergency legal needs of those who lose their jobs, homes, access to health care, or experience domestic violence during the pandemic.

Legal aid is a safety net that keeps our fellow Texans from going over the edge; without it, they might never recover, even when the economy improves. The Foundation is committed to supporting the critical legal aid work in our state and finding additional ways to support these efforts as we have for more than 36 years.

FUNDING LEGAL AID IN 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act With input from TAJF grantees regarding their most pressing needs, the Texas Supreme Court proposed a comprehensive statewide plan to the Governor’s Office seeking funds from the CARES Act Coronavirus Relief Fund to be administered through TAJF. The Court, through the Office of Court Administration (OCA), was awarded $4.218 million for grants to support legal aid organizations’ unexpected COVID-19 related costs, through Dec. 30, 2020, as they provide assistance to those impacted by pandemic. The funding will help provide temporary personnel, technology, and personal protective equipment. Services will be for the following three key areas: housing preservation, family safety, and economic security. The CARES Act funding also supported the creation of a Texas Eviction Diversion program to help renters stay in their homes, catch up on missed rent, and avoid an eviction on their record. The legal aid community has created a web portal for the program, StopTxEvictions.org, to help provide the needed information and resources.

IOLTA Funding Drops In March 2020 the TAJF experienced 50% decline in 13 days in the Interest on Lawyers’ Trust Accounts (IOLTA) program when interest rates were drastically cut to 0% - 0.25%. The IOLTA program is experiencing a loss of approximately $700,000 a month compared to last year’s revenue. Based on the 2020 IOLTA revenue earned to date, TAJF predicts total IOLTA revenues for 2020 will be close to $10 million. IOLTA Revenue will be much less in 2021 since 2020 funds include a healthy first quarter before the Federal Funds Target Rate returned to historic lows.

We estimate a loss of nearly $6 million during 2020 and more than $9 million in 2021 through the IOLTA program. Additionally, projections indicate interest rates will remain near 0% through 2024, further exasperating the shortfall in IOLTA funding.

TAJF continues to promote the Prime Partner program, which includes banks and credit unions that voluntarily help compensate for some of the loss in IOLTA revenue by paying one percent on IOLTA bank accounts. During the upheaval in interest rates, nearly 50 Prime Partner Banks remained committed to the program and contributed 22% of the IOLTA revenue, despite only holding 7% of the IOLTA bank balances – in effect, these banks pay triple compared to other banks.

Emergency Legal Aid Fund The Foundation created an Emergency Legal Aid Fund (ELAF) in April to support the emergency needs of those impacted by the COVID-19 pandemic and the anticipated spike in the number of Texans eligible for services. We thank the Litigation Section of the State Bar of Texas for their Texas Access to Justice Foundation Report, January – November 2020

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$40,000 contribution and the Commercial and Consumer Law Section for their $10,000 contribution to the Fund. The Foundation also hosted a “Justice Jam” virtual fundraiser and a “Law”teria event with the Hispanic Issues Section that raised $31,876 and $40,000, respectively for the ELAF. State Legislative Funding Since the close of the 86th Texas Legislative Session, TAJF is administering the biennium (20192021) funding awarded for basic civil legal services, including: • General revenue of $18,780,784 for basic civil legal services • General revenue of $6 million for veteran legal services • Dedicated general revenue of $10 million for Legal Aid for Survivors of Sexual Assault (LASSA) We are fortunate to have the coordinated support of many access to justice partners, led by Texas Supreme Court Chief Justice Nathan Hecht, Justice Eva Guzman, and Justice Brett Busby to secure state funding for legal aid. We are hopeful the current budget request of the Court for Fiscal Years 2022 and 2023 will be approved during the 87th Legislature. We thank the Court for requesting an exemption for legal services from the statewide budget cut and for requesting a $3 million increase to help Texans impacted by the COVID-19 pandemic and an additional $1 million for legal services for veterans per year.

The TAJF receives state funds through general revenue appropriations, Basic Civil Legal Services (BCLS) funds, (such as the mandatory Access to Justice Fee assessed to qualifying Texas attorneys, filing fees, "And Justice for All" license plate proceeds, pro hac vice funds), certain funds received by the attorney general, and crime victims civil legal services.

Federal Funding – Legal Services Corporation (LSC) Three of the largest legal aid providers in Texas receive funds from the LSC: Legal Aid of NorthWest Texas, Lone Star Legal Aid and Texas RioGrande Legal Aid. For 2020, these Texas grantees received approximately $37 million from the LSC total budget of $440 million for basic field grants for legal services.

The White House’s Fiscal Year 2021 budget proposal called for defunding the Legal Services Corporation for the fourth year in row. The LSC remained optimistic about bipartisan congressional support for its funding and submitted its 2021 budget request for $652.6 million.

Congress has not passed a FY 2021 full-year appropriation for LSC and a Continuing Resolution current levels until Dec. 11, 2020.

Joe Jamail Endowment for Veteran Legal Services Reaches $1 Million The Foundation’s Joe Jamail Endowment for Veteran Legal Services reached $1 million this year.

Created by Richard Mithoff, in honor of his friend and well-known Texas attorney Joe Jamail, the Endowment mechanism will ensure ongoing support and a lasting commitment to serve the civil legal needs of our veterans into the future.

GRANTS PROVIDED BY THE TAJF The Texas Access to Justice Foundation currently administers 142 grants totaling $70,433,955 to 36 nonprofit organizations that provide legal aid. TAJF grantees, which provide legal services Texas Access to Justice Foundation Report, January – November 2020

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throughout Texas, include LSC-funded programs, domestic violence programs and shelters, law school clinics, bar association pro bono programs and programs advocating on behalf of the elderly, persons with disabilities, homeless and veterans. The COVID-19 pandemic has generated a significant increase in the need for essential civil legal aid for our most vulnerable Texans and has impacted grants, and will continue to impact, grant funding needed throughout the state.

TAJF-funded grantees serve families who cannot afford private counsel and who are in desperate need for legal help when they face crisis like during the pandemic. Applicants for services include victims of crimes or domestic violence, veterans and military families struggling in civilian life, families at risk of losing their homes, workers cheated out of wages or denied lawful benefits, children who need a stable home or special education, the elderly whose economic security or health care is in jeopardy, and people denied opportunities.

Grants currently being administered for legal aid during the 2020-2021 grant year include: ● $50,755,789 in Basic Civil Legal Services (BCLS) to 16 grantees ● $4,816,791 in Interest on Lawyers’ Trust Account (IOLTA) funds to 17 grantees ● $3,329,001 in veteran legal funds to 13 grantees ● $5,000,000 in Legal Aid for Survivors of Sexual Assault (LASSA) funds to 9 grantees ● $1,075,000 to 4 grantees to provide urgent and crucial immigration legal aid for separated families and children ● $466,667 from the Ann Bower Bequest to provide legal aid in education and juvenile to 1 grantee ● $286,000 to 1 grantee in emergency assistance to continue its operations, the existence of which was threatened by COVID-19 ● $200,000 to 1 grantee to assist parents and children being held in family detention centers Grants awarded for one year or less during the grant year 2020-2021 include: ● $4,218,000 in pass-through CARES Act Coronavirus Relief Funds for Essential Legal Services to 13 grantees for costs and legal services due to the COVID-19 pandemic ● $114,528 in disaster funds to 4 grantees for costs and legal services made necessary due to the COVID-19 pandemic ● $2,447,500 in Crime Victims Civil Legal Services (CVCLS) grants to 16 grantees for one year Grants awarded for a two-year period during the grant year 2020-2021 include: ● $831,486 to 1 grantee for critical legal services along the Texas border for individuals placed in Migrant Protection Protocols (MPP); $90,000 of which is made possible through the support of the Fund for New Citizens in the New York Community Trust CARES ACT Coronavirus Relief Fund Grants Early in the pandemic, TAJF surveyed and then scheduled a series of conferences with grantees to inquire about their short-term needs and how TAJF could assist. They all reported on similar conditions and situations predicting increased program costs and revenue loss due to stay home orders and moving to remote office operations. Grantees also requested some flexibility in grant administration such as streamlining processes when budget amendments were needed to cover unexpected costs.

Texas Access to Justice Foundation Report, January – November 2020

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From the CARES Act Coronavirus Relief Fund (CRF) funding, the Foundation is administering $4.2 million obtained through the Supreme Court’s request of the Governor’s office. The statewide coordinated effort focuses on three key areas representing the first and second waves of COVID-19 related emergency legal problems: 1. Housing Preservation - eviction and foreclosure prevention, reasonable accommodation, and other legal problems impacting those experiencing homelessness; 2. Family Safety - protection from domestic violence and sexual assault, child custody, guardianship, and elder abuse who are even more vulnerable as a result of the family and economic stresses associated with the pandemic emergency and social distancing orders; and 3. Economic Security - for families and wage earners who have lost their jobs including helping eligible Texans access benefits.

The CRF funding aids 13 TAJF grantees with unexpected expenses brought on by the pandemic and includes: approximately $3.1 in temporary personnel, $1 million in technology, $50,000 in administrative support, and $30,000 in personal protective equipment.

Additionally, the CRF funding supports a statewide coordinated effort to respond to the civil legal needs of those in jeopardy of losing their home during this pandemic through the Texas Eviction Diversion Program.

IMPACT AND RESULTS from the 2019-2020 grant year Legal aid grantees of TAJF reach every population group and geographic region of Texas. Below are a few additional 2019 statistics on how legal aid provided critical legal help for people to protect their livelihoods, their health and their families: ● TAJF grantees closed more than 143,420 cases; benefiting the lives of approximately 329,768 individuals ● In 2019, legal aid helped secure for their clients more than $20 million in back awards or lump sum settlements and helped win $1,222,576 in monthly benefits for clients, including Social Security and SSI, child support, pensions, back wages and unemployment compensation ● More than 27,000 victims of domestic violence received legal help ● TAJF grantees assisted more than 29,000 homeless persons in 2019 ● Approximately 25,376 persons with disabilities were able to access a lawyer to help solve a legal problem ● TAJF funds seven law school clinical programs and law students were actively involved in closing 1,594 cases ● Pro bono legal aid provided by private attorneys is vital to the civil legal aid delivery system in Texas. Nearly 5,500 private attorneys in Texas volunteered legal services to low-income clients and their problems through a legal aid program. Five percent of the cases closed in 2019 were handled by pro bono attorneys. Approximately 76,000 pro Texas Access to Justice Foundation Report, January – November 2020

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bono hours were reported donated by private attorneys volunteering their time on case services with a TAJF grantee.

Legal aid for SURVIVORS OF SEXUAL ASSAULT (LASSA) For the biennium 2019-2021, the Supreme Court received $10 million from the Texas Legislature for civil legal services for survivors of sexual assault, including human trafficking. The ongoing funding for these grants is obtained through a state fee levied on certain types of sexually-oriented businesses. Nine organizations have received LASSA funds to provide a statewide network of access to civil legal services related to victimization, including a statewide hotline.

Since the LASSA program’s inception in October 2015, the LASSA network of legal aid providers has closed 17,636 cases for survivors of sexual assault. Many of these cases include protective and restraining orders, housing and employments issues, divorce and child custody issues, and public benefits and assistance to victims. For the first year of the two-year grant period beginning September 2019 and ending August 2020, LASSA grantees closed 2,636 cases for survivors of sexual assault. Lone Star Legal Aid, in partnership with the LASSA network, has created a new monthly Facebook Live series, “Safe Space” aimed at providing information and resources to survivors of sexual assault.

Legal aid for TEXAS VETERANS The Texas Supreme Court received $6 million from the Texas Legislature to fund grants to legal aid programs that provide legal services to veterans and their families for the 2019-2021 biennium. With these funds, TAJF continues to fund grants that support legal aid programs, law school clinics and bar association pro bono programs that provide civil legal services for lowincome Texas veterans.

In addition to Legislative appropriation, proceeds from the annual Champions of Justice Gala for Veterans (which was virtual this year because of the pandemic) and funding from TAJF provide grants to help legal services for veterans. The annual Gala is co-sponsored by the Texas Access to Justice Commission and the State Bar of Texas. For 2019-2021, $6 million was awarded to 13 organizations for veterans legal services.

These grants help Texas veterans and their families with critical civil legal services in areas such as family law, employment, housing, consumer, bankruptcy and probate, as well as advocacy for disability benefits. More than 8,142 veterans received assistance from TAJF grantees in 2019. Nearly 3,735 veteran cases were closed and 3,076 new applications for help were opened. Approximately 459 veteran clinics were held in the state with more than 3,782 veterans attending.

The veteran grantees, collaborating as the newly formed Texas Veterans Legal Aid Coalition, are developing a series of brief videos on legal issues common to veterans and their families. These videos will be used to conduct outreach and provide education to veterans statewide. The topics covered by the five videos include: 1) Benefits, 2) Vets and criminal justice, 3) VA disability benefits, 4) Family law, and 5) Psychiatric advance directives.

Texas Access to Justice Foundation Report, January – November 2020

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Legal Aid for DISASTER RELIEF Legal aid and pro bono assistance play a crucial role in ensuring vulnerable Texans impacted by a disaster can rebuild their lives. There is still a tremendous amount of post-Harvey work performed by TAJF grantees that continued well into 2020 as disaster-related matters can continue for many years. Legal aid helps securing FEMA and other benefits, filing health and property insurance claims, and assisting in housing issues related to mortgages, foreclosures, and landlord/tenant problems.

TAJF supported six two-year legal fellowships as part of the Disaster Recovery Legal Corps (DRLC). These fellows were matched with three Texas legal aid providers in areas affected by Hurricane Harvey to provide legal services on behalf of disaster victims. A new Disaster Resilience Program, which will train and deploy fellows to provide services throughout all phases of a disaster, including preparedness, mitigation, response, and recovery was deployed in June 2020 with six experienced fellows from the DRLC – five of whom are continuing to serve Texas communities.

Legal Aid for COMMUNITIES AND HOMEOWNERS The Legal Aid for Communities and Homeowners (LACH) grants program originated as a result of the Bank of America (BOA) and Department of Justice settlement in 2014 to provide funds to legal aid organizations for foreclosure prevention legal assistance and community redevelopment legal assistance. Since its inception, more than $31 million has been awarded over a five year period making a world of difference to low-income homeowners, disadvantaged neighborhoods and poor communities across Texas. Thirteen foreclosure prevention grants and 12 community redevelopment grants have been awarded since 2015.

Because of the LACH grant program, 8,200 low-income Texans have been assisted, including over 700 veterans, and preventing the foreclosure of almost 1,000 homes impacting over 3,400 children in those households. More than 740 non-profit social service organizations across Texas have received legal help and 428 small businesses in low-income communities assisted. It is estimated by grantees that nearly one million community members were positively impacted by the community redevelopment work done under this grant program, which concludes in 2020.

FAMILY Helplines Since 2008, the Supreme Court of Texas, the Office of the Attorney General of Texas (OAG), and TAJF have worked together to provide free legal services so Texas parents better understand the rights and responsibilities created by their parenting orders. Texas Legal Services Center’s (TLSC) Parenting Order Legal Line (POLL) project utilizes family law attorneys to provide limited legal representation to non-custodial parents to increase their parenting time. TLSC’s Access and Visitation Hotline provides legal information to Texans regarding child support, child custody and visitation. During 2019-2020, TLSC exceeded its performance indicators; providing brief services or settlement negotiations to resolve parenting conflicts to more than 2,100 parents.

TAJF also funds a Parent Resource Helpline (PRH) through TLSC where attorneys help interpret the details of the Child Protective Services system in a simple, meaningful way, relevant to the Texas Access to Justice Foundation Report, January – November 2020

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callers’ unique situation. During 2019-2020, the PRH provided legal information and assistance with family court orders to more than 950 Texans. The Supreme Court of Texas Children’s Commission and the Texas Center for the Judiciary’s Children’s Justice Act are funding partners in this project.

CRIME VICTIMS Civil Legal Services (CVCLS) TAJF has administered the Crime Victims Civil Legal Services funds on behalf of the Texas Supreme Court since 2002 to support civil legal services to victims of crime and their immediate family members. TAJF awarded 17 grants totaling $2,477,500 statewide to 16 CVCLS grantees for 2019-2020. The civil legal problems that crime victims often face requiring legal help include domestic violence, sexual assault, denial of medical coverage and benefits, and child abuse and neglect.

John GRISHAM GRANT Awards In recognition of the 35th anniversary of TAJF, noted author John Grisham served as keynote speaker for the dinner event. In honor of Grisham, the TAJF Board awarded four legal aid programs a total of $300,000, the proceeds from the 35th Anniversary Dinner, to support their efforts to provide civil legal aid in Texas.

Grantee Assessment SITE VISITS TAJF has moved to virtual grantee site visits and program assessment due to the pandemic, including conducting virtual interviews and document reviews of grantee organizations throughout Texas. By the end of 2020, TAJF will have conducted nine virtual site visits and accompanying fiscal desk audit reviews. TAJF continues to ensure compliance by its grantees through ongoing communication, including monthly and quarterly programmatic and financial reports, annual audit reviews, special program updates, and annual assessment reports, specific requests for information, grantee meetings and webinars for technical assistance.

PROGRAMS and PROJECTS Texas Student Loan Repayment Assistance Program (SLRAP) The Texas SLRAP was created by the Texas Access to Justice Commission in 2003 to assist attorneys who choose to pursue careers in legal aid in Texas. Administered by TAJF, 202 legal aid lawyers have applied for assistance for the 2020-2021 SLRAP year. Only through the generous support of the State Bar of Texas is it possible to fund all qualifying applicants up to the maximum monthly loan amount of $500. The public interest lawyers eligible for the program have a total combined debt of more than $28 million; with the average individual debt of $139,259. The average salary of those currently eligible is approximately $65,261 and the average monthly loan payment for these attorneys is $494.

Equal Justice Works (EJW) Fellowships TAJF partners with Equal Justice Works to support post-graduate fellows who take an innovative and entrepreneurial approach to addressing critically needed legal services in partnership with their host organizations. TAJF is proud to support four fellows for the two-year term that began in September. The 2020-2022 Fellowship class and their projects are: Texas Access to Justice Foundation Report, January – November 2020

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• • • • •

Alicia Alvarado, American Gateways, Waco – Represent immigrants in the Waco area who are detained or who have been recently released Leslie Alvarez, Disability Rights Texas, McAllen – Represent South Texas children with disabilities to ensure access to specialized services Chase Porter, Lone Star Legal Aid, Houston – Fight for environmental justice and community development in Texas Gulf Coast communities Laura Tucker, Texas RioGrande Legal Aid, Alpine – Increase access to civil legal aid to rural residents of Far West Texas. Laura is the Inaugural Richard L. Tate Rural Fellow.

Caitlin Machell, Legal Aid of NorthWest Texas, Dallas – Co-sponsored with Greenberg Traurig, LLP. Caitlin will promote housing stability and income maintenance for persons with serious mental illness in Dallas County.

The Foundation created the Richard L. Tate Rural Justice Fellowship in honor of the dedicated service of the TAJF Board Chair who concluded his service on the Board on Aug. 31, 2020. The Tate Rural Justice Fellowship will seek to fill the gap in services for rural Texans and address the persistent and growing shortage of lawyers in rural areas. The fellowship will ensure that two lawyers are routinely placed to address the pressing legal issues facing rural communities throughout Texas.

PEOPLE and EVENTS The Honorable Deborah Hankinson assumed the role of Chair of the TAJF Board of Directors in September 2020 after serving as Vice Chair since 2008. Justice Hankinson succeeds longtime Chair Richard L. “Dick” Tate who concluded more than two decades of service on the board; leading as Chair since 1999. The TAJF Board elected G. Joseph Barrientos as Vice Chair and Roland K. Johnson as Treasurer. The Supreme Court of Texas appointed Travis Torrence as a new board member from Houston.

TAJF Executive Director Betty Balli Torres was appointed chair of the American Bar Association Commission on Hispanic Legal Rights & Responsibilities; a special advisor to the ABA Commission on Immigration; and a member of the ABA Center for Diversity and Inclusion. The Legal Services Corporation (LSC) Board of Directors invited Torres to their July Board Meeting to discuss COVID's impact on funding for legal services and the legal needs facing our communities.

Lone Star Legal Aid Office Visit In October, Justice Eva Guzman and Justice Brett Busby took time from their busy schedules to visit the Tyler office of Lone Star Legal Aid. The staff appreciated breakfast the Justices delivered along with the thanks and acknowledgment of the work they do. The local Tyler Spanish newspaper interviewed Justice Guzman about the services legal aid provides Texans during the pandemic.

Texas Veterans Legal Aid Week (TVLaw) TVLaw, a statewide effort in honor of Veterans Day coordinated by the Texas Access to Justice Foundation took place virtually this year, Nov. 9-13. Legal aid programs, local bar associations, law schools and pro bono private lawyers provide free civil legal services to qualified Texas Texas Access to Justice Foundation Report, January – November 2020

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veterans through virtual clinics, social media presentations, online chat, and a new video series.

Chief Justice Nathan Hecht and TAJF Board Director Terry Tottenham authored an op-ed piece on legal aid for veterans that was published statewide. Exhibit 3 Diversity Efforts With the rise of racial tensions in 2020, the Foundation has worked to become more inclusive at all levels; leadership, staff, and grantees. The Board of Directors is now proudly majority minority, reflecting the diversity of those we serve in our state. TAJF Director Lisa Tatum served as panelist on the ABA racial justice webinar and recently as moderator of the first State Bar of Texas Focus on Diversity Listening Session. TAJF Executive Director authored a thoughtful opinion piece, shared with local bar associations throughout the state, discussing how our justice system fails Texans when they when they need it most. Exhibit 4 First “Justice Jam” The Foundation coordinated the first-ever ‘Justice Jam’ musical fundraiser via Zoom on May 20 to raise funds for the Emergency Legal Aid Fund benefitting Texans struggling with legal issues amid the pandemic. Hosted by Justice Eva Guzman, the event featured a live performance of “Texas, Our Texas” by Chief Justice Nathan Hecht and Justice Brett Busby. Along with other stellar performers they created a wonderful musical interlude during trying times which raised more than $30,000 for those in need. Exhibit 5 “Law”Teria Game Night In partnership with the Hispanic Issues Section of the State Bar of Texas, TAJF hosted “Law”teria, a fun virtual fundraiser based on the popular Hispanic loteria game. It took place via Zoom on Sept. 16 and included distinguished guests, Justice Eva Guzman, Justice Brett Busby and Senator Judith Zaffirini. State Bar President-elect Syliva Borunda Firth served as host and several judges and special guests helped contribute to a successful event that brings needed support to communities disproportionately impacted by COVD. Five TAJF legal aid providers received grants from the event that raised more than $40,000. Exhibit 6 Texas Legal Aid Legends Podcast During the 35th Anniversary year, TAJF embarked on a project to capture the Texas legal aid legends who created, shaped and influenced legal aid in our state. TAJF Board Director and Sul Ross University President Pete Gallego serves as moderator for the podcast that debuted in April. Thus far, episodes with Bill Whitehurst, Randy Chapman and Jim Harrington have aired.

Episodes with Jim Sales and Harold Kleinman are scheduled for 2020 and additional interviews with legends are scheduled for 2021. Exhibit 7

Texas Access to Justice Foundation Report, January – November 2020

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Exhibit 2

Texas Legal Aid Responds to COVID-19 Pandemic 

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Every legal aid provider supported by the Texas Access to Justice Foundation has taken steps to continue serving essential legal needs remotely so that legal aid remains open during the pandemic.

Legal aid providers formed a statewide collaborative team, Texas Legal Aid Partners COVID Response to coordinate advocacy efforts to maximize resources. The group is building on their shared experiences of responding to legal needs following natural disasters while adding the unique and emerging challenges created by the coronavirus pandemic.

The legal aid community is participating in the Texas Eviction Diversion Program (TDEP) pilot project to help Texas tenants stay in their homes and provide landlords an alternative to eviction. The program is a partnership of the Supreme Court of Texas, Texas Office of Court Administration, and the Texas Department of Housing and Community Affairs. Legal aid providers directed creation of the website, StopTxEviction.org, of resources and contact information those in need.

The state’s legal service and access-to-justice providers joined the State Bar of Texas to activate a toll-free legal assistance hotline available to low-income individuals and families across Texas who are confronted with civil legal problems as a result of the pandemic.

A webpage of COVID-19 resources on the website — TexasLawHelp.org — was created and is updated with the latest information for the public on topics like, eviction and tenants’ rights, forced quarantines, unemployment benefits, and others. The website also has a LiveChat feature to assist low-income individuals with their legal questions.

The 13 TAJF grantees formed the Texas Veterans Legal Aid Coalition and pivoted from coordinating in-person veteran legal aid clinics to virtual clinics across the state, along with creating a series of videos for veterans to help conduct outreach in a new way.

Moratoriums to Help Struggling Texans Living In Poverty or Newly in Poverty 

Immediately realizing the effect of the pandemic on low-income Texas, on March 16 legal aid providers asked Health and Human Services for time extensions for recertifications and suspension of terminations of SNAP benefits and Medicaid during the COVID-19 emergency. This relief was needed because many were in danger of losing these essentials benefits which provide food and healthcare, if they were unable to return documents quickly during shelter in place orders—an especially large hurdle for (continued)

Compiled by the Texas Access to Justice Foundation

10/22/2020

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older clients and people with disabilities, and those who have no access to internet services. In response, HHSC pursued all waivers, and this relief was granted statewide.

On March 17, Texas legal aid providers asked the Texas Supreme Court to issue a moratorium on evictions. The Court has since extended the original deadline of the order to help lessen the burden on those impacted.

A group of legal aid organizations and others filed a joint petition to the Public Utility Commission (PUC) calling for a halt on utility shutoffs on March 20. The PUC ordered on March 26 that no electric, water and sewer service be shut off because of nonpayment during the COVID-19 threat and required electric providers to offer deferred payments to those who request it.

Legal Aid providers reached out to local and state judges, urging them to release nonviolent offenders, who were being held for their inability to make bail, from the dangers of contracting the COVID-19 in jails On March 30, legal aid urged the Supreme Court to make emergency orders to protect emergency CARES Act stimulus checks meant for food and housing from garnishment, receiverships, and default judgements In April, legal aid joined with others asking the Governor to make additional orders to protect utility customers from disconnections Legal aid asked the Office of Court Administration to review its policy to encourage livestreaming of all court hearings, in light of the privacy concerns of protective order applicants on April 28

Reaching Texans in New or Expansive Ways with Legal Aid Services          

Creating virtual or remote clinics to replace in-person legal aid clinics Adapting processes to meet remotely with individual clients Hosting live Q&A discussions on Facebook on topics of interest Expanding hours of telephone intake operations and legal lines Creating information fact sheets addressing emergency needs Producing webinars and videos on topics relating to pandemic Developing a new website with resources to help low-income Texans keep their homes Designating staff teams to tackle specific new issues emerging during the pandemic within established practice areas Providing guidance on new virtual notary requirements Creating remote continuing legal education training for lawyers on new rules and regulations affecting their clients

It’s been inspiring to see so authority many people cast ballots in they are Austin American-Statesman - 11/04/2020 recent days. It was especially n the spread moving in places like Travis ,” as Judge id. And yet, ge ordered ave lives he spread of s Attorney Paxton ion of busihe judge. ened to the ions he supngly, saying

By Nathan L. Hecht the state's and Terry Tottenham o save lives?

year. The efforts to undermine voters were shameful: from limits on the number of places to drop off mail-in

senator and mayor of Austin, is founding dean of the Hobby School of PublicExhibit Affairs at 3 the University of Houston.

Texas veterans need our help, especially during COVID-19

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. to help oor to the the governo protect nal Affairs gh it’s less t of the udget, it omacy and initiatives rts to help oor. The important But it is. The nistration 22% cuts 2021. We t happen. world’s st a good se investght of the ffects omy ecurity. elps the poor overty. ts the U.S. ods abroad. invests more nd jobs at n aid also e regions, safer. urge rotect fundernational t.

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exas has the secondhighest population of veterans in the country — nearly 1.5 million — and many of these veterans are poor or homeless. While groups around the state are tirelessly working on veterans’ behalf, there is always more to be done to ensure their civil legal needs, like eviction and the inability to access medical care, are being met as they reintegrate back into civilian life, especially during a global pandemic.

Prior to the COVID-19 pandemic, nearly 5.2 million Texans, including a significant number of veterans, qualified for civil legal aid. This number is only expected to increase as we continue to see the devastating financial and economic fallout, unemployment and uncertainty caused by COVID-19. Veterans aren’t exempt from this; they are already a vulnerable group made more vulnerable by the pandemic.

Legal issues account for five of the top 10 unmet needs of homeless veterans, according to the annual survey of homeless and formerly homeless veterans by the U.S. Department of Veterans Affairs. Legal aid programs, local bar associations, law schools and pro bono lawyers all help provide civil legal aid for veterans, but they struggle to meet demand

Copyright (c) 2020 Austin American-Statesman, Edition 11/04/2020 November 4, 2020 8:48 am (GMT -6:00)

without adequate funding.

The legal issues Texas veterans encounter –including credit problems, accessing benefits, landlord/ tenant disputes, restoring a driver’s license and denial of critical medical care — must be handled in order to keep them from falling through the cracks.

The Texas Access to Justice Foundation (TAJF), created in 1984 to provide funding for civil legal aid in Texas, is committed to the vision that all Texans will have equal access to justice, regardless of income.

Last year, the foundation awarded more than $6 million in two-year grants to 13 Texas legal aid organizatons to provide civil legal services to low-income veterans.

This year, in response to the coronavirus pandemic, grantees of the TAJF, the Texas Veterans Legal Aid Coalition pivoted from coordinating in-person veteran legal aid clinics to virtual clinics across the state, along with creating a series of videos about benefits available for veterans.

In an additional show of support, TAJF established the Joe Jamail Endowment for Veteran Legal Services in 2017 to ensure veterans have equitable access to the justice system. Earlier this year, the Endowment reached a milestone $1 million in donations, which will be used to provide legal representation to veterans across the state.

This year is also the 10th anniversary of Texas Lawyers

for Texas Veterans, a collaborative effort between local bar associations and legal aid organizations that addresses the need for pro bono civil legal assistance for veterans and their families.

Each year, the week of Veterans Day is designated as Texas Veterans Legal Aid Week. This year from Nov. 9-13, local bar associations, legal aid organizations and law schools across Texas are hosting free, virtual legal clinics to serve veterans with the support and civil legal guidance they need. To find a clinic in your area, visit texaslawhelp.org/tvlaw2020 or call the statewide hotline at 1-800-622-2520.

Texas veterans are at an increased risk of displacement, unemployment, requiring medical care and other problems arising from the COVID-19 pandemic, and it’s on us to make sure they are being taken care of. We must ensure they can access the resources and services they need to reintegrate back into civilian life and thrive despite the current public health crisis. Legal aid services can make a real difference in the lives of veterans who qualify, and support for these services ensures that veterans aren’t left behind as the state works toward COVID-19 recovery.

Hecht is chief justice of the Supreme Court of Texas and is a U.S. Navy veteran.

Tottenham is on the board of the Texas Access to Justice Foundation and is a U.S. Marine Corp veteran.

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FOR IMMEDIATE RELEASE: Nov. 5, 2020 Media Contacts: Elizabeth Christian Public Relations Stacy Slayden or Emily Muhlberg sslayden@echristianpr.com or emuhlberg@echristianpr.com 254.592.2767 or 210.334.8035

Texas Veterans Legal Aid Week goes virtual, free clinics held November 9-13 Free legal help available for eligible Texas Veterans AUSTIN, Texas—Texas veterans are invited to virtually participate in Texas Veterans Legal Aid Week (TVLAW), a statewide effort in honor of Veteran’s Day, coordinated by the Texas Access to Justice Foundation and legal aid programs across the state, the Texas Legal Aid Veterans Coalition. This year, due to the COVID-19 pandemic, all clinics will be held virtually.

“As the pandemic continues to impact Texas communities, our veterans need us now more than ever,” said Betty Balli Torres, executive director of the Texas Access to Justice Foundation. “We are grateful for the Texas legislature for its continued funding of legal services that help our veterans improve their lives and the wellbeing of their families.”

During the week of Nov. 9-13, legal aid programs, local bar associations, law schools and pro bono private lawyers will provide civil legal services for qualified Texas veterans. A full list of virtual clinics and events throughout the state can be found here.

Texas has the second-highest population of veterans in the nation. According to the Department of Veterans Affairs’ annual survey of homeless and formerly homeless veterans, legal issues account for five of the top 10 unmet needs of homeless veterans. Obtaining access to free legal services can be critical for veterans to get the benefits and support they need for themselves and their families.

The Texas Access to Justice Foundation provided $3.3 million in grants last year to 13 nonprofit organizations that provide free legal services to veterans. Each year legal aid organizations provide free legal services to more than 8,000 Texas veterans. Legal aid organizations and pro bono lawyers are able to provide legal representation to veterans with civil legal problems, including:     

Denial of critical medical care Problems receiving benefits Legal issues related to disabilities Family law matters arising from deployment Other issues that may arise due to a veteran’s absence from home during military service

This year, in response to the coronavirus pandemic, the Texas Veterans Legal Aid Coalition created a video project targeted at veterans that aims to solve the challenges of outreach during COVID-19. Starting Nov. 13, the first of five videos will be released covering the topic of benefits for veterans. Visit, texaslawhelp.org to view the videos. Assistance is also provided at a statewide hotline for veterans, 1-800-622-2520, option 2.

- 30 -

The Texas Access to Justice Foundation, created by the Supreme Court of Texas in 1984, is the largest state-based funding source for the provision of civil legal aid in Texas. The organization is committed to the vision that all Texans will have equal access to justice, regardless of their income. The Foundation administers a variety of funding sources, which are earmarked to assist nonprofit organizations in providing legal aid to more than 150,000 Texas families each year. For more information, please visit: www.tajf.org.

Exhibit 4 The justice system fails marginalized Texans when they need it most

By Betty Balli Torres

‘No Justice, No Peace’. These four words often permeate protests about the disparate treatment of marginalized people in our criminal justice system. The grim statistics show that the criminal justice system has a disproportionately negative impact on vulnerable communities and people of color. The system fails entire communities––and at its worst, results in lives lost. Generations have been irreparably harmed due to these dismal failures.

The civil justice system has also failed these communities. America’s greatness is based on the principles of equality and justice but the promise of “justice for all” holds empty for hundreds of thousands of Texans and has for decades. The doors of the civil justice system are most often closed to those in dire need of its support. The courthouse, a beacon of our democracy, is inaccessible when one cannot afford a lawyer––a reality for many.

Legal aid programs and pro bono lawyers across Texas are doing everything they can to ensure that communities in need have access to the courthouse doors. Other allies, including judges, corporations, court administrators, technology companies and law students also toil to make the courts accessible, but these efforts have failed to produce wide open doors for everyone who seeks justice.

How can there be peace for persons being abused in their homes, removed from their homes or whose children may have special needs that aren’t being legally met? Legal aid organizations help more than 150,000 Texas families each year, but due to a lack of resources, only approximately 10% of the civil legal needs of eligible Texans are being met. How can there be peace for those 90% who are promised justice, but find none?

How can there be peace for the rest of us knowing that our democracy has failed in its promise? For those most in need in our society, the tragic truth is that there is “No Justice, No Peace”.

We, the people, are all better if the civil justice system honors its promise of justice.

There must be a commitment to massive reforms in the judicial system so that everyone shares in this essential piece of our democracy. Foundations, along with other influencers and decision makers, must commit to making significant strides and investments to ensure that everyone has equal access to our courts. ## #

Betty Balli Torres is the executive director of the Texas Access to Justice Foundation, the largest funding source for civil legal services for the poor in Texas. She has dedicated her professional career to public interest work serving as an advocate for civil legal services for vulnerable Texans and is the recipient of several awards for her commitment to this work.

Exhibit 5

Exhibit 6

Exhibit 7

APPENDIX 2

EFFORTS TO INCREASE ACCESS TO JUSTICE

BY THE LEGAL ACCESS DIVISION OF THE STATE BAR OF TEXAS

Disaster Response COVID-19 Statewide Legal Aid Partners In the wake of the pandemic, the State Bar convened 35 stakeholders from legal aid and pro bono organizations across the state to implement a COVID-19 disaster plan. Five committees were created to address pandemic-specific issues: Communications, Legal Issues, Compilation of Resources, Pro Bono, and Requesting Supreme Court Emergency Orders.

Stakeholders met regularly to review and discuss legal issues arising from the pandemic, including the housing crisis and the Cares Act, and changes required in operational procedures, including working remotely and participating in remote court hearings. Each organization’s representative provided an update on their work, and each committee shared updates on their assigned tasks.

Stakeholders developed projections as to the types of cases that would arise from the pandemic and the approximate amount of time needed to handle a case from open to close. Based on these projections, stakeholders created a COVID-19 Case Evolution Timeline to set expectations for volunteer attorneys.

The timeline along with a graphic can be found online at ProBonoTexas.org/Pro-Bono-ProvidersVolunteer-Experience, and are included as Exhibit 1.

In May 2020, stakeholders worked with the State Bar on a volunteer recruitment email sent to all State Bar of Texas members encouraging them to volunteer their time and efforts to help the state’s legal service providers with eviction, employment and family law cases. Since the recruitment email went out in May, more than 400 attorneys have signed up to volunteer. Legal service providers have reported an increase in the number of attorney volunteers.

Disaster Hotline The State Bar statewide toll-free disaster hotline, (800) 504-7030, connects callers directly with their local legal aid organization, based on the caller’s location, and provides an option for callers to leave a message. Legal Access Division staff return calls and provide information and referrals for the callers who leave messages on the hotline. LAD staff is able to provide information to callers who speak Spanish or Vietnamese using interpreters available through the State Bar’s Language Access Fund.

Page 1

Online Disaster Resources The State Bar created a COVID-19 resources webpage at TexasBar.com/Coronavirus to provide attorneys with information about emergency and executive orders, court notices, and free CLEs. Additional disaster relief resources, including free CLE opportunities and guides for attorneys can be found at TexasBar.com/AttorneyResources.

In its effort to support Texans, especially during disasters, the State Bar created a COVID-19 webpage with free legal resources at texasbar.com/covidhelp, and maintains a website that provides updated disaster relief resources at TexasBar.com/Disaster and TexasBar.com/Desastre in Spanish.

Disaster Manual Every year, the State Bar collaborates with Sidley Austin LLP and legal service providers across the state to revise the statewide legal Disaster Manual, which is available online at www.ProBonoTexas.org/Disaster-Manual and TexasBar.com/AttorneyResources. This year, we added new chapters to address COVID-19-related case types, such as legal issues faced by community organizations and small businesses, estate planning and disability rights in disasters. We also updated the remaining chapters with COVID-19 specific information. Although we update the manual annually, we did so earlier this year in anticipation of the increased demand for legal help due to the pandemic.

All Things Pro Bono Texas Legal Answers TexasLegalAnswers.org is a statewide online legal advice clinic for low-income Texans. Since its inception three years ago, the Legal Access Division operated Texas Legal Answers. This year, administration of the site transitioned to Texas Legal Services Center and is now managed by a TLSC’s self-help staff attorneys.

New Opportunity Volunteer Attorney Pro Bono Program The New Opportunity Volunteer Attorney (NOVA) Pro Bono Program allows inactive members of the State Bar of Texas and out-of-state licensed attorneys, who are in good standing, to volunteer through approved legal service organizations and provide pro bono legal services to low-income Texans. The program continues to be a success and attracts among others, in-house attorneys and attorneys in non-legal sectors such as banking and finance.

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Pro Bono Texas ProBonoTexas.org is a one-stop hub for information and resources for attorneys providing pro bono legal services to low-income Texans. The site provides attorneys with a searchable database of legal service providers and volunteer opportunities, tools including Westlaw Doc & Form Builder, free CLEs, and access to a library of pro bono resources on a variety of practice areas and the Pro Bono Mentor Program.

In response to the pandemic and related legal issues, ProBonoTexas.org now includes a COVID-19 webpage, www.ProBonoTexas.org/Covid to provide volunteer attorneys with information on how to get involved in pro bono efforts, communicate volunteer attorney expectations, and provide resources for handling cases. The LAD developed a process for collecting resources to share with volunteers and updated the website’s library with COVID-19 specific resources (www.ProBonoTexas.org/Library). So far, more than 11,000 users have visited the site since its launch in May 2020.

The LAD also developed a tool so organizations could engage with interested volunteer attorneys. The online recruitment tool provides volunteer attorneys a list of legal service providers in their preferred geographical area and the ability to connect directly with providers. As of November 2020, more than 400 lawyers have used the tool to get involved in pro bono efforts.

Attorneys participating in the Pro Bono Mentor Program can earn up to 5 hours of CLE credit, including 1 hour of ethics. The program connects mentors willing to share their knowledge and experience with mentees looking for guidance on pro bono cases. Mentees connect with mentors based on their geographical or preferred practice area.

National Pro Bono Week The State Bar continues to promote and celebrate pro bono at the state and national level. In recognition of National Pro Bono Week, Governor Abbot and the Supreme Court of Texas issued proclamations declaring October 25-31, 2020 as Pro Bono Week in Texas. The proclamations urged the legal community to provide pro bono services and recognized legal service providers and volunteers for their pro bono service and donations to support low-income Texans.

The Legal Access Division celebrated Pro Bono week on Pro Bono Texas and its social media outlets by sharing the proclamations and spotlighting legal service providers and volunteers who provide legal help.

State Bar of Texas Pro Bono Workgroup The Pro Bono Workgroup, co-chaired by former State Bar Presidents, Terry Tottenham and Roland Johnson, and made up of lawyers and judges from across the state who represent virtually every sector of the legal community, remains committed to enhancing the culture of pro bono in Texas.

This year, the Workgroup continued to focus on educating State Bar of Texas members about Proposed Rule 6.05 of the Texas Disciplinary Rules of Professional Conduct, which encourages pro bono legal Page 3

services by providing limited exceptions to certain conflict rules when a lawyer provides limited pro bono legal services at pro bono clinics or similar limited settings.

For one of its quarterly meetings, the Workgroup invited State Bar of Texas Sections liaisons to attend.

Since then, section liaisons have been appointed to the Workgroup to broaden communication outreach and collaboration. Workgroup members and section liaisons are working together to implement the Workgroup’s goals and action plan, which include developing toolkits, strategies, and policies to enhance pro bono involvement across the state.

Language Access Fund The Language Access Fund provides essential translation services to legal service organizations and pro bono attorneys across the state who serve clients with limited English-language proficiency and hearing disabilities.

This year, the fund assisted clients speaking 71 languages and provided interpreting services for 11,135 phone calls, translation services for 48 documents and reimbursements for 76 on-site interpreters.

Poverty Law Conference and Pro Bono Coordinators Retreat Due to the far-reaching impact of COVID-19, the annual Poverty Law Conference (PLC) and Pro Bono Coordinators Retreat (PBCR), hosted by the Legal Access Division and typically held in Austin, pivoted to a virtual platform this year. The virtual conference allowed for even greater participation, catering to over 600 legal service attorneys and staff, the largest ever registration for PLC. For two weeks, August 31 – September 14, PLC participants chose from one of three CLE sessions offered via Zoom webinar during the lunch hour. Topics spanned from document automation, bankruptcy, consumer matters, housing, environmental issues, health care, to disaster response. Interested attorneys were also offered the opportunity to obtain a guardianship ad litem certificate by participating in select guardianshiprelated CLE sessions. The annual keynote session, “Reimagining Possible: Centering Immigrants in Collaborative, Holistic Legal Services”, was presented by Kate Vickery, Former Executive Director of the Houston Immigration Legal Services Collaborative. See Exhibit 2 for PLC Agenda.

The scaled-down PBCR, offered via Zoom meeting on September 15, featured three virtual sessions designed especially for pro bono coordinators. Session topics included remedying barriers to obtaining a valid driver’s license and the impact on clients, developing remote and virtual clinics, and recruiting and using pro bono attorneys. See Exhibit 3 for PBCR Agenda.

The Legal Access Division provides logistical support to six legal aid task forces, which include Family, Immigration, Employment, Housing and Consumer, and Public Benefits and Health Law. During this year’s PLC, we hosted virtual meetings for all six taskforces to meet and stay informed on relevant topics.

Texas Coordinating Council for Veterans Services (TCCVS) The Texas Coordinating Council for Veterans Services (TCCVS) was established in 2011 by the Legislature to produce a report for the Governor and Legislature every 2 years that identifies veteran needs and makes recommendations to address those needs. The Legal Access Division has been a member of the TCCVS since 2011. Last year, the LAD was asked to chair the new Pro Bono Legal Services Workgroup. The workgroup focused on issues outlined in the TCCVS Fifth Report, initially identified 14 unmet veterans’ civil legal needs, and narrowed down the list to 5 unmet needs. The workgroup then provided background information, Page 4

identified services currently provided by the state, and made recommendations to address those needs. The report can be found online at www.tvc.texas.gov/wp-content/uploads/2020/10/TCCVS-FinalReport_2020.pdf.

Legal Services to the Poor State Bar of Texas Standing Committees Legal Services to the Poor in Civil Matters Committee The Legal Services to the Poor in Civil Matters Committee is a standing committee of the State Bar of Texas Board of Directors that promotes the delivery of legal services to Texans who are unable to afford legal representation in civil matters. The Committee oversees the annual Pro Bono Excellence Awards.

2020 Pro Bono Excellence Awards The State Bar planned to present the Pro Bono Excellence Awards at the State Bar Annual Meeting’s Bar Leaders Recognition Luncheon in June of this year. However, because of the pandemic, Annual Meeting was held as a virtual event June 25-26. Past State Bar President, Randy Sorrels recognized the award recipients during the virtual event. Award recipients were also celebrated on social media.

Pro Bono Award This award honors a volunteer attorney organization that has made an outstanding contribution toward guaranteeing access to the legal system by the poor.

El Paso Probate Bar Association (El Paso) This past year was traumatic for the El Paso community. On August 3, 2019, a mass shooting occurred at a local Wal-Mart where at least 22 people died and 26 were left seriously injured. Hundreds experienced trauma. The El Paso office of Texas RioGrande Legal Aid (TRLA) organized a legal response to this mass shooting. TRLA collaborated with the El Paso Bar Association to hold a "Legal Needs After Disaster" presentation to the local bar and judiciary. This half-day training included suggestions on how the local bar could help TRLA with referrals and their expertise, and resulted in the El Paso Probate Bar Association volunteering to establish a pro bono referral system.

In the days and months after the mass shooting, TRLA received numerous applications and requests for probate assistance. The El Paso Probate Bar Association’s members collaborated with TRLA to take probate referrals and handle cases for clients who did not qualify for TRLA’s services. The probate bar also offered their guidance and mentorship to TRLA on probate matters and handled referrals related to establishing Special Needs Trusts to protect funds for minors and to avoid disqualifying clients from public benefits and monies received for community donations.

Frank J. Scurlock Award This award honors an individual attorney, in good standing, who has provided outstanding pro bono work. The award is named for the late Frank J. Scurlock, the first chair of the Legal Services to the Poor in Civil Matters Committee.

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Jodi Goodwin (Harlingen) Jodi Goodwin practices immigration law on the border in Harlingen, Texas. Since 1995, she has represented thousands of asylum seekers, economic migrants, long-term permanent residents, businesses, families, and United States citizens in immigration and nationality matters.

Jodi has taken the lead in representing pro bono clients and creating the infrastructure for pro bono programs addressing one of the greatest humanitarian crises for the United States in the modern age. Since 2019, Jodi has made over 100 trips to Mexico to provide legal orientation, advice, application assistance, and direct representation to asylum applicants in Mexico. Her work grew into a pilot project to provide pro bono assistance to prepare asylum applications and was adopted by Lawyers for Good Government. After the L4GG pilot program became permanent, she focused efforts on direct representation of asylum applicants in court. She started the Project Dignity Legal Team, which focuses on finding pro bono representation for asylum applicants before EOIR and the federal appeals courts. She spends approximately 30 hours per week with Project Dignity Legal Team. In 2018, she logged over 800 hours of pro bono representation. In 2019, she logged over 1,000 pro bono hours. Pro bono work has always been a major component of her practice including representing vulnerable populations of abuse and crime victims, and providing rapid response in times of significant immigration raids.

Pro Bono Support Staff Award The Pro Bono Support Staff Award recognizes the outstanding and exemplary contributions of nonattorney volunteers such as paralegals, administrative assistants, interpreters, and other support staff who work on pro bono projects.

Julie Sherman (Fort Worth) Julie Sherman, a board certified litigation paralegal, has worked at Cantey Hanger, LLP as a paralegal since June 1996. She is the past president of Fort Worth Paralegal Association (FWPA) and currently serves as the Tarrant County Volunteer Attorney Services Chair (TVAS) for the FWPA. Julie consistently volunteers at all of the TVAS clinics. During clinics, Julie supervises all of the paralegals and adapts to fill in wherever there is a need. She drafts documents, edits paperwork, acts as a notary, and helps manage applicant expectations. She assists with volunteer coordination and recruitment. Last year, she volunteered at all six TVAS clinics, providing more than 20 hours of pro bono assistance. Outside of official clinics and committee meetings, Julie spends countless hours recruiting volunteers and spreading the word about the importance of pro bono legal services. She has been responsible for recruiting many new volunteering who would not likely have otherwise volunteered, resulting in an increase in program capacity for TVAS. Julie exemplifies an outstanding, dedicated pro bono services leader in our community.

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Pro Bono Coordinator Award The Pro Bono Coordinator Award is presented to an individual who has made an exceptional contribution to the delivery of, and access to, legal services for the poor, while serving as the pro bono coordinator for a volunteer attorney organization or group, local bar association, law firm, law school, corporate legal office, governmental law department or legal services organization. Attorney and non-attorney pro bono coordinators are eligible.

Greg Zlotnick, St. Mary’s University School of Law (San Antonio) Greg Zlotnick is the Director of Pro Bono Programs and Staff Attorney at the Center for Legal and Social Justice at St. Mary's University School of Law. During the 2019-2020 school year, 359 law students volunteered at a Pro Bono Program event, totaling more than 3,300 hours of service.

Greg coordinates all of the Pro Bono Program service opportunities, including almost a dozen clinics and community-serving initiatives. The relationships with legal aid organizations Greg has developed are models of successful pro bono partnerships. His pro bono philosophy is reflected in the attitude of his students who show up at each clinic with humility, dedication, and a desire to serve.

Greg has overseen the implementation of the community service graduation requirement for JD students at St. Mary's Law and expanded student leadership opportunities to empower students and to provide resources for the ever-growing pro bono program.

Greg is a cheerleader for his law students, supporting them in their initiatives to serve the community.

J. Chrys Dougherty Legal Services Award This award recognizes an outstanding legal services staff attorney. The award is named for J. Chrys Dougherty, a private attorney and Bar leader, and includes a $1,500 stipend from the Texas Bar Foundation and a contribution from Graves Dougherty Hearon & Moody.

Lindsay Kinzie, The Gatehouse (Grapevine) Lindsay Kinzie was the creator of the legal program now implemented at The Gatehouse, a nonprofit serving women leaving a crisis and seeking to become financially independent and fully self-supportive. The assessment, case management, and following litigation she has provided for over 70 women annually has allowed them to quickly and effectively resolve their legal matters, particularly in the areas of family, criminal, landlord/tenant, tax and consumer law. By providing free legal assistance to The Gatehouse’s members, barriers that would have inhibited employment opportunities have been removed, credit scores have gone up by eliminating debt, and the Gatehouse members have become safer and stabilized faster in their family dynamic.

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Lindsay received grant funding from the Texas Bar Association two years in a row, which has allowed her to assist more women on a pro bono basis. She has also been involved locally and statewide in assisting domestic violence and financial abuse survivors find relief in their legal situations.

In 2019, Lindsay joined the Texas Coalition on Coerced Debt and helped produce the first toolkit on how victims of coerced debt can petition to remove bad debt from their credit report. The toolkit focuses on legislation that provides an abuse victim, coerced by their abuser into taking on debt, the ability to petition the court to declare themselves an identity theft victim and receive provided relief under the law.

Lindsay was recently appointed by Governor Abbot to serve on the Texas Crime Victim's Institute Advisory Counsel.

W. Frank Newton Award This award recognizes the pro bono efforts of attorney groups whose members have made an outstanding contribution toward increasing access to legal services for the poor. The award is named for W. Frank Newton, former Dean of Texas Tech University School of Law and longtime pro bono advocate.

Rackspace Legal Team (Windcrest) "Adopt a Non-Profit Legal Team" is an innovative legal services program launched by the Rackspace legal team (known as "Racklaw'') in 2019 under the leadership of its Chief Legal Officer, Holly Windham. Responding to Holly's enthusiasm for pro bono throughout her in-house legal team, legal team "Rackers" volunteered at legal clinics and answered individual calls for assistance. Many of the Rackers are experienced in employment law, contract negotiation, and compliance, and were somewhat hesitant to accept pro bono cases out of their "wheelhouse" such as family law, probate, and consumer matters.

Eager to serve and to make a difference though, legal team Rackers looked for ways to leverage their expertise and exercise their passion to serve others. The Rackers created an "adoption" program where Racklaw adopted the in-house legal and compliance team at Haven for Hope of Bexar County, a San Antonio non-profit serving individuals and families experiencing homelessness.

Under the direction of Mary Brennan Stich (VP and Deputy General Counsel), members of the Racklaw legal team met with Brooks Meltzer, Haven for Hope's General Counsel, Brooke Holland, the other corporate in-house attorney, and Laura Guillen, the Director of Compliance. Initially, the plan was to explore ways to help Haven for Hope's clients who, in addition to experiencing homelessness, face numerous legal challenges. After discussion, Racklaw members realized the value of assisting Haven for Hope in their efforts to build efficient legal and compliance functions.

They immediately stepped up to assist with numerous pressing needs, including reviewing Page 8

vendor agreements, creating a new employee handbook and privacy statement, training checklists to meet compliance requirements, and a policy about when and how residents of Haven for Hope could care for their pets and other living issues. The Haven for Hope team now has a go-to resource for additional legal and compliance work. "Adopt a Non-Profit Legal Team" can be duplicated by other in-house legal departments whose members want to provide pro bono legal services.

Judge Merrill Hartman Pro Bono Judge Award This award honors a judge, sitting or retired, who has provided exemplary pro bono service, including: outreach to attorneys to increase the quantity and quality of pro bono representation; modifications to court processes to increase access to justice; advocacy on behalf of access to justice; or service as a volunteer judge for pro bono clinics or other pro bono proceedings. The award is named after the late Judge Merrill Hartman of Dallas, a tireless advocate for low-income communities’ access to justice.

Judge Lela Mays (Dallas) Judge Mays has pioneered a pro bono program to assist probationers from the Dallas County “STAC” court to transition back into their communities without the use of drugs and alcohol. One of the problems many participants face is loss of their driver’s licenses, due primarily to their inability to pay outstanding traffic ticket fines, costs and fees (that can run into the thousands of dollars for just a few offenses). The Legal Aid of NorthWest Texas (LANWT) has worked with Judge Mays in assisting many participants restore their driving privileges so they can obtain or maintain employment, pursue educational opportunities, or simply provide day-to-day necessities for their families. Having a valid driver’s license is a key component in the participants’ success in the STAC program.

When LANWT received a grant from the Legal Services Corporation to recruit and train pro bono lawyers to assist low-income clients in restoring suspended licenses, Judge Mays committed to recruiting pro bono lawyers to work jointly with LANWT and the Dallas Bar Association’s Dallas Volunteer Attorney Program (DVAP). She recruited several private attorneys to attend a training session for driver’s license restoration cases, set up a clinic at a church in a low-income area of Dallas, and recruited more than a dozen pro bono attorneys who are each handling multiple cases. The program has helped numerous STAC court participants obtain driver’s licenses by resolving their outstanding traffic fines, costs, and fees.

Judge Mays’ efforts are far beyond those required or expected of her in her position as a judge.

As one observer put it, she will “use every reasonable means … to help people put their lives back on track ….” She is an inspiration and exemplary role model for judges and lawyers in promoting and delivering pro bono service.

Legal Services to the Poor in Criminal Matters Committee The mission of the Legal Services to the Poor in Criminal Matters Committee is to help ensure indigent persons receive quality representation in criminal matters. This year the Committee focused on updating the Performance Guidelines for Non-Capital Criminal Defense Representation and launching a new project to Page 9

investigate and report on the practice of judges charging indigent defendants attorney fees and requiring payment of attorney fees in plea deals for indigent defendants. The committee also selected the winners of the annual Indigent Defense Awards.

2020 Indigent Defense Awards The State Bar of Texas’ Indigent Defense Awards were presented during the virtual awards ceremony during Annual Meeting in June.

Warren Burnett Award Named for the late legendary Texas Attorney Warren Burnett, the award recognizes an individual or organization for extraordinary contributions to improving the quality of criminal legal representation to indigent Texans.

2020 Recipients: David G. Hall & Ariel Payan David G. Hall David Hall led a movement to improve the quality of criminal justice throughout Texas. Many see him as the catalyst for the Texas Fair Defense Act. After filing a class action lawsuit in 1993 that changed the indigent defense system in Hidalgo County, David continued collecting data about costs, appointment methods, quality metrics, and procedures in Texas’ 253 remaining counties as well as engaging state, county, and judicial officials to explore potential solutions to the problems in the indigent defense system across the state. After years of coalition building and fact gathering, Senator Rodney Ellis proposed the Fair Defense Act of 2001, and Governor Rick Perry signed it.

The Fair Defense Act was not self-implementing, and David knew that its passage again marked not the end, but the beginning of the work that would be necessary to produce results. He wrote model Local Rules for counties to help them to comply with the law and urged judges to apply for grants, and even helped them craft their proposals. David proposed quality standards to the Texas Indigent Defense Commission and worked closely with over fifteen counties to implement Texas’ only rural public defender systems. David also recruited and trained a staff of committed and skilled advocates who have represented thousands of indigent defendants.

Although indigent defense improvement is but one among many crowning achievements in David’s long and diverse career of public service, it is the one that is dearest to his heart. David was nominated by Warren Burnett’s son, Abner Burnett, and his nomination was supported by numerous letters from colleagues and former employees as well as newspaper and magazine articles celebrating his contributions to indigent criminal defense in Texas from the 1970’s to the present.

Ariel Payan Mr. Payan has been a stalwart of the criminal defense bar for over 20 years. He routinely accepts appointments in the most complex cases involving the most serious allegations and always goes above and beyond for his indigent clients. His colleagues count on him for counsel whenever they have thorny issues in a case. Mr. Payan is known for his expertise in the area of DNA evidence. In addition to the numerous CLEs he has taught and articles he has written, when Capital Area Private Page 10

Defender's Service took over implementing the indigent defense system in Travis County, Mr. Payan stepped up to train and mentor the young lawyers coming into the system.

In addition to letters from his colleagues in the criminal defense bar and newspaper articles heralding Mr. Payan’s work and reputation, his nomination included a letter signed by all of the Travis County Criminal Court judges and a letter signed by all of the prosecutors from the Travis County District Attorney’s Office who practice in criminal district court.

Michael K. Moore Award for Excellence in Research or Writing in the Area of Indigent Criminal Defense The award is presented to an individual or organization in recognition of exceptional research or writing that deals with indigent criminal defense and that represents a significant contribution to the knowledge and practices of the bench, bar, and scholarly communities.

2020 Recipient: Dr. Andrew Davies Dr. Andrew Davies is the Research Director of the Deason Criminal Justice Reform Center at the SMU Dedman School of Law and one of the nation's top criminal justice researchers. His extensive experience in indigent defense research is data-driven and evidence­based, and ranges from research on initial appearance, access to counsel, public defense systems, and rural criminal justice systems.

Dr. Davies is a prolific scholar and has published over thirty pieces including journal articles in Law and Society Review, Justice Quarterly, the Ohio State Journal of Criminal Law, and the Albany Law Review. He has received large national grants on access to counsel and quality legal representation from the National Institute of Justice, the Bureau of Justice Statistics, and the National Science Foundation. He is also the co-founder of the Indigent Defense Research Association (IDRA), a national organization dedicated to using data to improve the quality of public defense.

Dr. Davies and his co-author, Alyssa Clark, wrote the 2019 article, "Gideon in the Desert: Providing Counsel to Criminal Defendants in Rural Places," published in the Maine Law Review. This article includes the largest-ever analyses of its kind on access to counsel issues in rural areas using indigent defense data collected from each of Texas' 254 counties. Beyond the unprecedented analyses of this data and a thorough review of the state of indigent defense in Texas, it is a forward-looking article that provides and highlights evidence-based assertions that access to counsel in resource-limited rural areas is possible.

This article provides those that work in the field of indigent criminal defense in Texas, indeed, all over the nation, best practices for how to think about quality, innovative reforms in resource-limited justice systems, particularly in rural areas, beyond just the statistics. The article acknowledges the uniqueness of every kind of justice system, and pushes for the involvement of local bodies and allies such that quality legal representation can be an accessible goal for every indigent person in every county in the United States.

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Exhibit 1 Lifecycle of Civil Legal Issues Post-National Emergency (Pandemic) Declaration

SHORT TERM

HOUSING

Execution of writs of removal utility shut-offs Foreclosure prevention Denial of subsidized housing assistance based on COVID-19 issues (or association of) Homeless population not being addressed and lack of access to COVID services PHA obligations to protect residents from COVID and to accommodate residents who have the virus Temporary housing: hotel/motel residents being “evicted” Advocacy on behalf of individuals with disabilities for continued community integration rather than unreasonable institutionalization FAMILY

Divorce Right of possession and access Emergency protective orders Emergency child custody modifications on CPS cases

CONSUMER

Fraud Scams Identity theft Debt collection Price gouging Bankruptcy

Probate Title clearing SMALL BUSINESS

Insurance claims Commercial lease evictions/ negotiation

ESTATE ADMINISTRATION

Determination of heirship Will probate MERP Small estate affidavits Life insurance TITLE CLEARING

HOUSING

Foreclosures Advocacy on behalf of individuals with disabilities for continued community integration rather than unreasonable institutionalization ESTATE ADMINISTRATION

Determination of heirship Will probate MERP Small estate affidavits Life insurance FAMILY

Divorce Domestic violence REAL PROPERTY

Property tax payments Exemptions SMALL BUSINESS

ESTATE ADMINISTRATION

LONG TERM

MID TERM

Bankruptcy

Deed drafting REAL PROPERTY

Property tax payments and exemptions SYSTEMIC LITIGATION

individuals with disabilities denied access to or benefit from federal/state/ local services and programs CONSUMER

Debt collection Bankruptcy SMALL BUSINESS

Litigation Bankruptcy EDUCATION

Continuation of services for IDEA or 504 students Continuation of programming once schools reopen Continued accessibility to public education

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Monday, August 31, 11:45 am - 1:00 pm Session A (Ethics 0.25) From No-code to Full-code: Which Document Automation Platform is Right for You? Your organization is interested in starting a document assembly program - now what? This session will discuss best practices and factors to consider in launching a new program. Presenters will then give a live demonstration of how to automate the same simple form in four different document assembly platforms (Documate, HotDocs, Odyssey Guide & File, Docassemble). Come learn which tool is the best fit for your organization’s needs.

Presenters: Chanita Chantaplin-McLelland, Practice Area Mgr./Managing Attorney, Texas Legal Services Center Michael Hofrichter, Support and Implementation Specialist, Legal Server Dorna Moini, Founder, Documate Aaron Varner, Staff Attorney, Texas Legal Services Center Session B (Ethics 0.25) Guardianship Nuts & Bolts This presentation will describe the process of representing a guardianship applicant in a guardianship of the person proceeding from assessment of the case including guardianship alternatives to obtaining letters of guardianship and advising the guardian on fiduciary responsibility. The session will address legislative changes in guardianship cases including registrations and training requirements.

Presenters: Sam Davis, Staff Attorney, Catholic Charities Charlotte Key, Staff Attorney, Probate Court #2, Hon. Ingrid Warren, Judge Presiding Session C Children’s Medicaid and CHIP-Eligibility, Policy, and Challenges to Enrollment Access to quality healthcare through health insurance is vital to the development of a child. There are an ample amount of children who are eligible for state health programs, but are not enrolled. This presentation is designed to discuss the enrollment process of the Children’s Medicaid and the Children’s Health Insurance Program (CHIP), and how these programs provide children with access to quality health care. It will explain how Texas Health and Human Services (HHSC) determines eligibility, and how the eligibility process differs based on the health program, child’s age, and household income level. Existing policy and policy changes have created challenges and roadblocks to enrollment and retention for Medicaid programs. These challenges will be discussed and actions that can be taken to increase the number of children enrolled in these health programs. Throughout the presentation lawyers, paralegals, and attendees will learn the steps they can take alongside community partners to target these children and significantly increase the enrollment rates among them.

Presenters: Patrick Bresette, Executive Director, Childrens Defense Fund Elizabeth Green, Staff Attorney, Lone Star Legal Aid Arlette Tamez, Paralegal, Lone Star Legal Aid Monday, August 31, 2:00 pm - 3:00 pm 2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Education and Juvenile Justice Task Force Meeting Tuesday, September 1, 11:45 am - 1:00 pm Session A Outreach in the Era of COVID-19

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Our outreach model does not work in light of the global pandemic. We cannot present at a senior nutrition site and then do in person intakes after lunch. Although technology is a fantastic resource and tool, not everyone can use Zoom, Skype, and Teams to video chat. We will discuss DRTx’s outreach shift including changes and ideas to move forward. Discussion includes: the new outreach model, collaborations with other organizations and religious entities, social media, lack of access to internet/technology, developing new resources, and potential roadblocks.

Presenters: Kerri Carr, Senior Advocate/Outreach Manager, Disability Rights Texas Rachel Cohen-Miller, Supervising Attorney, Disability Rights Texas Session B (Ethics 0.50) Best Practices in Defending a Guardianship Case Usually, guardianship cases are uncontested matters in which a family member is seeking to take care of a loved one whose disabilities impair capacity to an extent that the person cannot take care of themselves. In those cases, the court appoints an attorney ad litem to represent the interests of the proposed ward and the attorney ad litem's job may be limited to holding the applicant to the burden of proof. But in some cases, the person who is the subject of the guardianship proceeding has some degree of capacity and does not want to be under guardianship. This presentation will address the best practices of an attorney retained to represent a person who wants to oppose a guardianship including how to assess the capacity of your clients, how to address a dueling ad litem appointment and defend against a motion in limine, and strategies for defending a case at trial. The presentation will address the ethical rules that govern representing clients with diminished capacity.

Presenters: Julie Balovich, Economic & Social Justice Group Coordinator| Guardianship Team Manager, Texas RioGrande Legal Aid Terry Hammond, Executive Director, Texas Guardianship Association Session C Advocating for Just and Affordable Access to Water Utilities As part of their Sustainable Development Goals, the United Nations set a target that global populations be guaranteed “universal and equitable access to safe and affordable drinking water.” In Texas, achieving this goal requires active advocacy on behalf of low-income populations at the Public Utility Commission (PUC).

Texas law and regulations require that the State’s residents pay only “just and reasonable” rates for water access. Regulations further require that the State’s renters at multi-family properties only pay what their landlords are charged by the utility. This panel will discuss the factors that inform the justness and reasonability of water rates, tools for tenants to evaluate the allocation of water costs at their multi-family property, and the avenues available to advocates in ensuring affordable water access for their clients.

Presenters: Gabriela Garcia, Project Coordinator, BASTA Austin 2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Amy Johnson, Attorney, Law Office of Amy R. Johnson Jennifer Richards, Staff Attorney, Texas RioGrande Legal Aid Wednesday, September 2, 11:45 am - 1:00 pm Session A When Disaster Strikes: Workplace Issues and Protections

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During disasters low-wage workers are often asked to compromise their safety to benefit their employers, and often fired when they refuse. This session will discuss common workplace issues that low-wage workers face in disasters, and what legal remedies are available to them. We will present case studies including workers fired for complying with mandatory evacuation orders in advance of a hurricane and workers fired for complying with a government issued stay-at-home order during a pandemic, and engage the audience in discussions about what claims affected workers have and what advocates like us can do for them.

Presenters: Dave Mauch, Attorney, Texas RioGrande Legal Aid Colleen Mulholland, Attorney, Equal Justice Center Session B (Ethics 0.50) Guardianship Restorations and Modifications: the Judges' Perspective When an individual loses his or her rights under guardianship, are they gone forever? Texas statutes provides a process for individuals to have their rights restored, but how do they work? This session will look at restoration of rights cases from the perspective of the court. The panelists – two statutory probate court judges – will address questions such as how inquiries regarding restoration of rights are handled by the courts, what evidence the courts consider in evaluating restoration cases, and how the law on restoration impacts the way that the courts approach guardianship cases.

Presenters: Hon. Brooke Allen, Judge, Tarrant County Probate Court Julie Balovich, Economic & Social Justice Group Coordinator| Guardianship Team Manager, Texas RioGrande Legal Aid Hon. Veronica Vasquez, Judge, Bexar County Probate Court 2 Session C (Ethics 0.25) The Golden Ticket: Successfully Moving Clients Out of a Mold Infested Environment The number of housing authority properties with mold is on the rise. This session presents a step-by-step guide to putting together a case to get a client moved from a mold infested property that is negatively impacting the health of residents. We will take a tour of current case law, discuss the need for expert witnesses, and look at successful sample language. Discussion of funding these cases in light of the current economic climate and discuss other likely issues that will arise, as the client is able to move from the environment, including the need for accommodations in the process of finding a place to live and moving.

Presenters: Rachel Cohen-Miller, Supervising Attorney, Disability Rights Texas John Hasley, Deputy Director of Litigation, Legal Aid of NorthWest Texas Wonny Lervisit, Attorney, Legal Aid of NorthWest Texas Evelyn Mayo, Advocate, Disability Rights Texas 2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Wednesday, September 2, 2:00 pm - 3:00 pm Family Law Task Force Meeting Thursday, September 3, 11:45 am - 1:00 pm Session A-C: Keynote address P. 3 of 10 Reimagining Possible: Centering Immigrants in Collaborative, Holistic Legal Services In this keynote presentation, Kate will discuss the origins and evolution of the Houston Immigration Legal Services Collaborative, HILSC, a holistic and broad based collaborative legal services organization that has worked to improve legal and social services accessibility for immigrants. She will discuss ways to make legal services accessible to more immigrants by expanding our thinking beyond the funding restrictions placed on LSCs. You will leave this session with practical ideas about how to move your organization towards a more opportunity-based framework created by working collaboratively. Session will include Q&A. Presenter: Kate Vickery, Former Executive Director, Houston Immigration Legal Services Collaborative Thursday, September 3, 2:00 pm - 3:00 pm Immigration Law Task Force Meeting Friday, September 4, 11:45 am - 1:00 pm Session A COOP Planning: Best Practices and Lessons Learned We all went remote in March. For most of us, a better Continuation of Operations Plan (COOP) would have been ideal. We'll talk about what should go into your organization's COOP planning, what went into our planning pre-Covid-19, and what lessons we've learned in the aftermath of implementing our plans. With presenters from organizations ranging from 8 to 150, we saw different issues and needs as a result.

Presenters: Tomas Aguilar, Living Hope Wheelchair Association Katy Atkiss, Disaster Resiliency Manager, Houston Immigration Legal Services Collaborative Michael Hofrichter, Support and Implementation Specialist, LegalServer Carlton Whitmore, IT Manager, Disability Rights Texas Session B (Ethics 1.00) Representing Clients with Diminished Capacity The attorney client relationship assumes the capacity of the client. What is an attorney to do when a client presents with evidence of cognitive disability or decline? This session will explore ethical guidelines and practical tools for assessing capacity and representing clients with intellectual and cognitive disabilities, and will identify resources available to the practitioner.

Presenters: Julie Balovich, Economic & Social Justice Group Coordinator| Guardianship Team Manager, Texas RioGrande Legal Aid Bruce Bower, Deputy Director, Texas Legal Services Center 2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Friday, September 4, 11:45 am - 1:00 pm Session C Public Benefits and "Public Charge" The rapid-fire pace of updates to immigration and public benefits law have left many immigrant clients and practitioners wondering exactly how the benefits a client receives might impact their immigration case. This presentation will provide practitioners with tools to understand USCIS and DOS policy. The presentation will review the updates and changes to USCIS and DOS’s interpretation of “public charge,” including benefits added to the list of benefits USCIS and DOS consider in a “public charge” evaluation and other facts in a client’s case immigration officials consider when evaluating the totality of the client’s circumstances. The presentation will also discuss exactly what case and application types are and are not affected by the law, including issues raised by COVID-19.

Presenters: Caitlin Fish, Staff Attorney, Texas RioGrande Legal Aid Renee Trevino, Public Benefits Group Coordinator | State & Federal Public Benefits Team Manager, Texas RioGrande Legal Aid Friday, September 4, 2:00 pm - 3:00 pm Employment Law Task Force Meeting Tuesday, September 8, 11:45 am - 1:00 pm Session A Legal Issues Arising Out of the COVID-19 Public Health Crisis A wide array of legal needs have been generated by the COVID-19 pandemic and the economic crisis resulting from the implementation of extensive protective measures. This session will provide an overview of the legal needs identified by a collaborative of state legal aid providers and the timeline over which issues have, and are expected to, emerge. The session will also address the impact on especially vulnerable populations, and strategies implemented by legal aid advocates.

Presenters: Sean Jackson, Supervising Attorney, Disability Rights Texas Shrushti Kothari, Project Manager, Nat’l Disaster Resources and Content Dept., Lone Star Legal Aid Brittanny Perrigue, Disaster Benefits Team Manager, Texas RioGrande Legal Aid Maddie Sloan, Director, Disaster Recovery and Fair Housing Project, Texas Appleseed

2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Tuesday, September 8, 11:45 am - 1:00 pm Session B Bringing a Client Back from Guardianship While guardianships are important tools, we also see guardianships that should have never been approved, or that have outlived their relevance. The Bill of Rights for Wards contemplates both the undoing of a guardianship because a ward has reached the "eventual goal of self-sufficiency" and the right of a ward to retain counsel in challenging a guardianships. What are the legal mechanisms for upholding these rights of wards? What other services might help a client live outside of guardianship? This session will address two techniques for undoing guardianships: statutory bills of review and restorations. Panelists will also discuss the holistic services legal aid staffers can provide to help clients succeed in guardianship alternatives, and their own first-hand experience in bringing clients back from guardianship.

Presenters: Hannah Cramer, Attorney, Texas RioGrande Legal Aid Paul Eisenhauer, Mental Health Peer Specialist, Mental Health Program, Texas RioGrande Legal Aid Hannah Samson, Attorney, Texas RioGrande Legal Aid Session C Property Tax Relief for Low-Income Homeowners in Vulnerable Communities This session will cover diverse strategies for helping low-income homeowners in Texas remain in their homes in the face of property tax bills they can’t afford. We will focus on the unique barriers that heir property owners face in accessing homestead exemptions; how these barriers impact seniors, persons with disabilities, and communities of color; and new state legislation (SB 1943) that is supposed to address these barriers but is not being implemented properly in many areas around the state. Participants will be equipped with key actions they can take—from innovative community outreach programs to advocacy with taxing entities—to help vulnerable homeowners gain access to the homestead exemption and save their homes from property tax foreclosure.

Presenters: Alma Gonzales, Attorney, Legal Aid of NorthWest Texas Melinda Lopez, Staff Attorney, Lone Star Legal Aid Lizbeth Parra Davila, Housing Justice Fellow, UT Entrepreneurship & Community Development Clinic Heather Way, Clinical Professor, The University of Texas School of Law Wednesday, September 9, 11:45 am - 1:00 pm Session A Obstacles and Opportunities in Long-Term Disaster Recovery This presentation will lay out strategies for assisting survivors through the lengthy recovery process following disasters as well as discuss impact litigation that may arise. Attendees will also learn how a full and complete recovery is impossible without environmental justice.

Presenters: Hannah Dyal, Staff Attorney, Texas RioGrande Legal Aid Ana Laurel, Equal Justice Works Fellow-Disaster Recovery Legal Corps., Texas RioGrande Legal Aid Chase Porter, Attorney, Lone Star Legal Aid 2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Wednesday, September 9, 11:45 am - 1:00 pm Session B How will the CARES Act Affect my Bankruptcy Practice?

This session will review the CARES Act and the amendments made to the bankruptcy code. We will explore how the ACT affects your client's bankruptcy. We will also look at how bankruptcy can help your client mitigate financial struggles suffered as a result of COVID-19.

Presenters: Sapna Aiyer, Assistant Directing Attorney – Urban Legal Services, Lone Star Legal Aid John J. Grieger, Jr., Managing Attorney, Legal Aid of NorthWest Texas Victor Hunt, Staff Attorney, Legal Aid of NorthWest Texas Session C Learned Helplessness in Eviction Cases The vast majority of Texas tenants facing eviction are being evicted for nonpayment of rent. Because there are almost no substantive defenses to nonpayment of rent under Texas law, those of us who represent tenants have come to feel that attorney representation in those cases is futile, as the attorney will almost inevitably lose in court and the tenant will almost certainly lose their home. This session will challenge this idea—that the point of attorney representation is to “win”—and identify ways in which we as attorneys can make meaningful differences in tenants' cases even if there is no defense under the law.

Presenter: Leesa Everitt, Houston Volunteer Lawyers Eric Kwartler, Public Interest Attorney, South Texas College of Law Houston Wednesday, September 9, 2:00 pm - 3:00 pm Housing and Consumer Law Task Force Meeting Thursday, September 10, 11:45 am - 1:00 pm Session A (Ethics 1.00) The New Normal: How Lessons Learned from Responding to Natural Disasters, the COVID-19 Pandemic, and Other Crises Can Help Us Prepare for the Future Texas legal aid providers and advocates have gained a wealth of experience in responding to federally declared disasters. That has informed efforts to better prepare our organizations and our communities for future natural disasters. We have also drawn upon that experience to respond to other types of emergencies, including man-made disasters (such as the mass shooting in El Paso and environmental incidents) and the COVID-19 pandemic. This session will compare and contrast the challenges associated with these different types of events; outline the common elements of a rapid-response plan that legal aid organizations can use for future emergencies; outline obligations that government entities have to prepare for varied types of emergencies; and provide insights about what new challenges we may face in the future.

Presenters: Sapna Aiyer, Assistant Directing Attorney – Urban Legal Services, Lone Star Legal Aid Stephanie Duke, Attorney, Disability Rights Texas 2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Thursday, September 10, 11:45 am - 1:00 pm Session B (Ethics 1.25) Ethical Issues faced by Legal Aid Attorneys The session is offered by Tonya Harlan and Paul Homburg who are part of senior management at the Chief Disciplinary Counsel's Office. They will address common issues legal aid attorneys face including: Conflict of interest issues between a public defender case where the victim comes to legal aid for a protective order; the new advertising rules and if legal aid violates them when they do outreach; confidentiality while using videconferencing or cloud computing; and amendment to the Rule on competency and learning new technology (e.g. Legal Server, Zoom, FB video).

Moderator: Pablo Almaguer, Attorney, Texas RioGrande Legal Aid Presenters: Tonya Harlan, Deputy Counsel for Litigation, Chief Disciplinary Counsel Office, State Bar of Texas Paul Homburg, Regional Counsel for San Antonio, Chief Disciplinary Counsel Office, SBOT Session C Section 8 Voucher Terminations – Litigation Hurdles under 42 U.S.C. Section 1983 This session will focus on litigating section 8 voucher terminations under 42 U.S.C. 1983, with an emphasis on recent developments and best practices to avoid dismissal and keep the case alive for another day.

Presenter: Fred Fuchs, Attorney/Housing Group Coordinator, Texas RoiGrande Legal Aid Friday, September 11, 11:45 am - 1:00 pm Session A (Ethics 0.25) The Pandemic is Over (Kind Of): What Every Lawyer Should Know about Client Health as Part of Daily Practice Legal aid has always sought to improve the well-being of communities through increased access to justice.

The same link is evident in the first-line response to COVID-19, as practically every system sought to evolve law and policy to improve health and access to health care. In this session, we will discuss population health terms of art and resources that, even in the absence of a pandemic, every lawyer should know and use in practice, including when population-focused legal assistance counts as a case. We will provide examples of legal advocacy that has a measurable impact on the health of individuals and families. Finally, we will explore how considering client health can affect the attorney-client relationship and quality of representation.

Presenters: Kassandra Gonzalez, Equal Justice Works Fellow, Texas Legal Services Center Wesley Hartman, Staff Attorney, Texas Legal Services Center Daphne McGee, Staff Attorney, Texas Legal Services Center Keegan Warren-Clem, Managing Attorney, Texas Legal Services Center

2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Friday, September 11, 11:45 am - 1:00 pm Session B (Ethics 0.25) Making Mediation Work for Family Violence and Sexual Assault Survivors The family code allows a survivor to object to mediation on that basis, but courts are still ordering it in many jurisdictions. As advocates for our survivor clients, we need to find a way to turn this potentially traumatizing experience into a tool that will benefit our clients. This session will cover provisions within the family code and others that address mediation as it pertains to survivors. We will also cover practice strategies for using mediation to benefit survivors, drawing on concepts from victim-offender mediation models and other innovative frameworks for dealing with conflict and confrontations.

Presenters: Brittany Hightower, Staff Attorney, Lone Star Legal Aid Brandy Howard, Staff Attorney, Lone Star Legal Aid Session C Policy Changes in Representing UACs Kids in Need of Defense (KIND) is a national non-profit organization dedicated to serving unaccompanied children in the immigration system. KIND staff will be conducting a detailed training on the legal representation of unaccompanied children in removal proceedings who may qualify for immigration relief.

Come learn more about the journey these children go through to get to the United States, the process of appearing before Immigration Court removal proceedings and seeking legal relief, how the legal landscape has changed in recent years, the current obstacles these children face in light of recent policy changes, and providing valuable pro bono legal representation to child clients. The training will go over who the children are and why they migrate to the United States. The training will explain immigration removal proceedings, policy updates, and the different reliefs the child client may claim. And the training will discuss the practical and ethical considerations that arise from working with children.

Presenters: Florence Chamberlin, Staff Attorney, Kids in Need of Defense Stephanie Galy, Staff Attorney, Kids in Need of Defense Chloe Walker, Senior Staff Attorney, ABA Children's Immigration Law Academy Monday, September 14, 11:45 am - 1:00 pm Session A What Every Poverty Law Practitioner Should Know About Bankruptcy The session is geared to practitioners that do not practice bankruptcy. They will be introduced to what a bankruptcy can and can not do for their clients. When a case should or should not be referred to a bankruptcy attorney. What alternatives should be considered and offered. How bankruptcy can help reinstate utilities or prevent their termination. Return wages or public benefits garnished or seized from a bank account. How a suspended driver's license may be reinstated. How attorneys fees could be awarded. Also, how bankruptcy can stop foreclosures and discharge debts, like benefit over payments. The intent of the session is to expand the skill set of the practitioner to enable them to better spot issues so that they can provide clients a broader range of options to address their concerns.

2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 2

MCLE LIVE Course No. 174090910 Mon., August 31 – Mon., September 14 Schedule and session details

All sessions will be live via Zoom Webinar, recorded for later viewing, and include closed captioning.

Presenter:

Victor Hunt, Staff Attorney, Legal Aid of NorthWest Texas

Monday, September 14, 11:45 am - 1:00 pm Session B Inform, Educate, and Empower: Using the Legal Clinic Model for Guardianship Alternatives

P. 9 of 10

This session will cover the nuts and bolts of creating a guardianship alternatives legal clinic- The legal clinic model will allow organizations to provide assessment and support in assisting adults with disabilities and their families as well as families of children with disabilities nearing adulthood in primarily low-income communities. We will cover strategies that we have employed to create successful clinics in the past, existing guardianship alternatives that can be implemented in a clinic setting, identifying community partners to work with, engaging target populations through outreach, challenges in working with this population in a clinic setting, identifying and vetting potential participants, managing and communicating expectations, staffing the clinic and day of needs. We will also be looking into challenging stereotypes about this community (individuals with disabilities and developmental challenges) and the laws that require assessment of guardianship alternatives.

Presenters: Leslie Alvarez, Equal Justice Works Fellow, Disability Rights Texas Gabriel Sanchez, Policy Analyst/Outreach Coordinator/Educator, Texas RioGrande Legal Aid Session C COLLECTION QUICKSAND: How to Rescue Your Client from Receivership or Garnishment This session will explore the QUICK use of receiverships and garnishments in collection cases and provide you with strategies in state and federal court to defeat these creditor weapons and rescue your clients from the SAND. Presenters: Amy Allen, Staff Attorney, Legal Aid of NorthWest Texas Paige Hoyt, Supervising Attorney, Legal Aid of NorthWest Texas Dominic Ribaudo, Staff Attorney, Legal Aid of NorthWest Texas Monday, September 14, 2:00 pm - 3:00 pm Public Benefits and Health Law Taskforce Meeting

2020 PLC - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans

Exhibit 3 MCLE LIVE Course No. 174090914, 3.75 hrs.

Tuesday, September 15 Schedule and session details All sessions will be live via Zoom Meeting, include closed captioning, and recorded for later viewing for registered participants.

9:00 am - 10:15 am (Ethics 0.25) Developing Remote/Virtual Legal Clinics In The Age of COVID-19 Disability Rights Texas has successfully organized and executed pro bono legal clinics with our law firm partners across Texas for the last 5+ years. Delivering pro bono legal services to our clients via a clinical model has expanded the number of clients that we can reach and legal services that we can provide exponentially. When the COVID-19 pandemic began - we knew that the way that we delivered pro bono legal representation, assistance, and advice would have to quickly adapt and pivot to suit the times and continue to assist the greatest number of individuals possible. This presentation will cover the nuts, bolts, and best practices on how to develop and maintain a successful virtual legal clinic model. We will examine, compare, and contrast some of the existing virtual clinic models. We will discuss identifying clinic opportunities, outreach to connect with potential clinic clients, recruiting and training pro bono lawyers to volunteer, and how to promote and market a virtual clinic in order to draw in the maximum number of clients.

Finally, this presentation will discuss how to move/transition from an in person pro bono legal clinic into safe and effective remote/virtual options in times of emergency like natural disasters and COVID-19. All presentation materials will be provided to each session participant.

Presenters*: Cicely Reid, Pro Bono Coordinator and Staff Attorney, Disability Rights Texas *additional panelists to come 10:45 am - 12:00 pm (Ethics 1.00) DWI: Driving While Indigent Barriers to a valid driver’s license impact more than just a person’s ability to drive. Without a valid ID, one cannot obtain employment, housing, access to benefits and a myriad of other collateral restrictions. Most often, the barriers stem from outstanding tickets, warrants, fines and fees from municipal or justice of the peace courts and are the result of a person’s inability to pay. This session will discuss: the types of ID related barriers people face; ways to remedy barriers utilizing pro bono attorney support; direct representation; pro se clinics; and pro bono recruitment practices and management.

Presenters: Cornelia Alvarez, Staff Attorney, Legal Aid of NorthWest Texas Brettney Moore, Staff Attorney, Legal Aid of Northwest Texas Erin Russell, Special Projects Manager, Beacon Law 1:00 pm - 2:15 pm (Ethics 0.50) Effectively Recruiting and Using Pro Bono Attorneys This session will explore different “pro bono” perspectives concerning recruiting and using pro bono attorneys. Participants will learn from coordinators with a nationwide and international perspective, a traditional provider perspective, and a smaller program perspective, what works, what didn’t work, and how to adapt effectively during a pandemic (or similar crisis).

Presenters: Michelle Alden, Director, Dallas Volunteer Attorney Program Layne Faulkner, Volunteer Director, Human Rights Initiative of North Texas Ellyn Josef, Pro Bono Counsel, Vinson & Elkins 2020 PBCR - Staying safe, connecting virtually, and learning and creating change TOGETHER to serve low-income Texans