REPORT TO THE SUPREME COURT OF TEXAS ON THE ACTIVITIES OF THE TEXAS ACCESS TO JUSTICE COMMISSION JUNE 1 TO NOVEMBER 30, 2012 The work of the Commission is accomplished through committees or Supreme Court task forces. We have structured the Report to cover the work of each committee. Appended to the Report are Appendix A, “Additional Efforts to Increase Access to Justice,” and Appendix B, “Report of the Texas Access to Justice Foundation as Presented to the Texas Access to Justice Commission.” ENHANCING ACCESS TO JUSTICE THROUGH CAPACITY BUILDING Corporate Counsel Committee The Corporate Counsel Committee held its first Corporate Counsel Pro Bono Summit in conjunction with the Texas General Counsel Forum Annual Conference in San Antonio on November 8, 2012. The Summit provided general and managing counsel an opportunity to learn more about access to justice issues. Attendees heard client stories from corporate counsel who participate in pro bono work, and the logistics of how to implement a pro bono program in their companies was discussed. The Commission also partnered with the Texas General Counsel Forum to hold a golf tournament at the conference benefiting the Texas Access to Justice Foundation on the same day as the Pro Bono Summit. This is the first time in ten years that the Forum has chosen a charity for its annual Golf Classic. More than 30 corporations and law firms sponsored the tournament and nearly 100 players participated. Over $25,000 was raised, and a check was presented to the Texas Access to Justice Foundation at the Magna Stella Awards dinner. The tournament was enjoyed by all, and we have received reports that golfers returned home with a renewed interest in pro bono. Law School Advisory Committee Access to Justice Internship Program The Commission continues to fund and administer the Texas Access to Justice Internship Program. This summer, the Commission selected thirteen law students
from a set of excellent candidates who were placed throughout the state in the rural offices of Legal Aid of NorthWest Texas, Lone Star Legal Aid, the Texas Civil Rights Project, and Texas RioGrande Legal Aid (“TRLA”). Law students will receive handson training and work with accomplished lawyers to provide direct services to lowincome clients. All interns will receive a webinar orientation that covers basic professional responsibility and ethics rules, as well as important information to know before embarking on a summer serving the poor. Pro Bono Spring Break The Law School Advisory Committee will hold a statewide law school pro bono Spring Break in which students from all nine law schools will travel to underserved areas around the state to provide pro bono services. Thanks to generous funding from the Texas Bar Foundation, the first Pro Bono Spring Break will be held from March 10-15, 2013. The students will be sent to Abilene, Corpus Christi, and Montgomery County. They will be working on a wide variety of projects, including conducting “Know Your Rights” workshops for senior citizens, assisting young people with Deferred Action for Childhood Arrival applications, and helping pro se litigants with uncontested legal matters. All student work will be supervised by a licensed attorney. Legal Education Training Programs Committee On June 11-14, the Commission once again partnered with the American College of Trial Lawyers (“ACTL”) to host a Trial Academy specifically designed for legal aid lawyers. Regan Brown, Texas ACTL Fellow and partner at Fulbright & Jaworski, was again the course director. The Trial Academy was taught primarily by Texas ACTL Fellows and was held at the University of Texas School of Law. It was the eighth trial advocacy training program held for legal aid practitioners. During the four-day training program, participants observed demonstrations by experienced trial lawyers and had the opportunity to interact with the course instructors regarding strategy and tactics. Following each day’s demonstration, participants had the opportunity to practice their skills and receive personalized professional critiques designed to develop and refine litigation techniques. Topics included voir dire, opening statement, direct and cross of lay and expert witnesses, and jury arguments. To ensure adequate time for participation and personalized critique, the program was limited to 30 legal aid attorneys. Self-Represented Litigants Committee The Self-Represented Litigants Committee (“SRL Committee”) is charged with addressing the challenges presented by the increasing number of self-represented litigants in the Texas court system by providing tools to help pro se litigants navigate the Texas Access to Justice Commission Report, November 30, 2012
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court system. The subcommittees of the SRL Committee examine policy, conduct trainings, and collaborate on state and local projects aimed at improving services for litigants who have been turned away from legal aid and are unable to afford any other form of legal representation. Education Subcommittee The Education Subcommittee has continued to give presentations to court personnel throughout the state entitled, “How to Give Legal Information without Giving Legal Advice.” The presentation seeks to give court personnel a deeper understanding of the fine line between being helpful and engaging in unauthorized practice of law. At this point, almost every elected district and county clerk in the state has heard the presentation at least one time. Commission and Office of Court Administration (“OCA”) staff presented to over 100 court administrators at the annual Texas Association of Court Administrators Conference in Ft. Worth. In addition to the court administrators and district and county clerks, Commission and OCA staff have worked with judges, law librarians, legal aid staff, and the private bar on how to effectively assist pro se litigants without overstepping ethical duties. Staff is now working on scheduling local presentations so that all court staff may participate. Self-Help Center and Services Subcommittee This Subcommittee is charged with providing technical assistance to courts and statewide organizations that are interested in developing or expanding self-help projects and have requested help in doing so. The Subcommittee is working on a partnership between the State Law Library (“SLL”) and Texas Legal Services Center (“TLSC”). TLSC will continue to provide legal advice to qualifying individuals via the LiveChat feature on their TexasLawHelp website. After giving legal advice to a pro se litigant, the litigant will be transferred via LiveChat to the State Library, where a librarian can help him or her obtain the legal resource. The resource may be sent to the litigant either by email, fax, or mail. It is not necessary that he or she go to the State Law Library in Austin to receive it. The new system should be operational in the next few months. The Subcommittee has also created a Self-Help Center and Law Library Virtual File Cabinet (“File Cabinet”) on TexasLawyersHelp.org. The resource is intended to provide everything that is needed to run a self-help program. The website is password protected, and the File Cabinet is intended to be used only by self-help center and law library staff. The Subcommittee has created a listserv, open only to law library and self-help center staff. The listserv acts as a forum to pose questions to colleagues from other law libraries and self-help centers. Members use the listserv to seek assistance in pointing litigants toward specific resources, ask questions about operational issues related to running a self-help center, or make announcements of interest to the Texas Access to Justice Commission Report, November 30, 2012
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group. Individuals seeking to join the group are approved only if they currently work at or are about to develop a law library or self-help center that provides direct assistance to the public. The listserv continues to be a very well-utilized resource for law library and self-help center staff. Limited Scope Representation Limited scope representation makes legal representation more affordable for lowincome litigants who cannot afford an attorney for their entire case but may be able to afford an attorney for defined assistance. The Limited Scope Representation subcommittee has developed and conducted ten seminars on the ethics and practice of limited scope representation. The CLE discusses how to safely structure representation where the attorney agrees to only work on, and get paid for, part of the case. It has opened a new client base for private attorneys. The presentation was also used by the Texas Young Lawyers Association at a meeting in Tyler. The presentation has been very well received, and the Commission continues to receive new requests to present the seminar. The Subcommittee is currently engaged in crafting a series of sample risk management materials for use by attorneys who practice limited scope representation. The materials include sample fee agreements, sample attorney/client checklists, and sample pleadings to notify the court of the attorney’s entrance and exit to any given case. The Subcommittee has also developed other materials including a brochure designed for litigants which describes limited scope representation and when it is, and is not, appropriate for use. The Subcommittee has partnered with the State Bar of Texas to provide a series of webcasts on limited scope representation in 2013. Uniform Rules and Guidelines Subcommittee The Rules Subcommittee is actively working through proposed changes to Rule 145, the Affidavit of Indigency. The Subcommittee expects to submit a draft to the Court in the upcoming year. Technology Committee The Technology Committee explores using technology to increase efficiency and effectiveness of the legal service delivery system for the poor in Texas. Technology Training Subcommittee The Subcommittee continued to develop Technology Update presentations for grantees offered online. On October 9, 2012, a webinar was provided to grantee Texas Access to Justice Commission Report, November 30, 2012
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Directors and IT staff on logistical and security issues related to employee use of personal devices in the workplace. (Exhibit A) The Technology Training Series will continue as a web-based, e-learning program through 2013. The Subcommittee will launch a “Summer Online Training Series” to encourage new and additional grantee participation. The IT Departments of the large law firms will supplement the online training with live sessions for grantees. Through this resource, grantees can learn how to better meet client needs through more efficient use of Microsoft products including, Word, Outlook, PowerPoint, and Excel. This training is made possible through generous donations from two vendors, Traveling Coaches and University Site. Members of the Subcommittee have been asked to discuss the online training series on December 6 at the upcoming National Legal Aid and Defender Association’s Annual Conference. Video Conferencing Subcommittee The Video Conferencing Subcommittee is working with OCA to create a statewide directory of videoconferencing equipment in each county. The directory would include equipment available at the courthouses, but may include other venues that would allow public access and use. Ideally, the directory will facilitate connecting volunteer attorneys across the state to clients in rural areas The Subcommittee is currently conducting a pilot project in Uvalde and Jim Wells Counties to determine how best to obtain the information from various counties and learn more about unknown barriers to the project. TRLA is currently screening for appropriate clients to complete the initial pilot testing. Vinson & Elkins will arrange for pro bono attorneys to participate in the pilot, once clients are identified. Other Efforts International Legal Technology Association: The Committee met with the Executive Director of International Legal Technology Association (“ILTA”) to discuss how legal aid organizations in Texas can benefit from the content and/or the peer-to-peer network offered through ILTA. Several Committee members attended the ILTA conference in July 2012. TRLA continues to receive a free membership to ILTA to provide feedback and recommendations to the Technology Committee on the benefits for similarly-sized and smaller legal aid organizations. Business Continuity Planning: The Committee has created guidelines for effective IT protocols for disaster and business continuity plans to assist legal aid organizations to comply with funding requirements. These guidelines have been sent to all grantees. Grantees may submit their plans to TAJF to be forwarded to committee members who will assist grantees in reviewing and further developing their plans. Committee members will help ensure organizations’ people, places, information, and processes are protected in the event of a disaster.
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Help Desk: The Committee continues to promote the Help Desk to grantees through the offered webinars. The Committee is also in the process of developing a brochure that will inform organizations of the different types of technological assistance grantee employees can receive from the Help Desk. TexasLawyersHelp: The revised “Take a Case” feature on the TexasLawyersHelp website remains available to pro bono attorneys, who can be notified by e-mail about potential case matches. The website library provides pro bono attorneys with helpful resources across various legal topics. Another popular feature is the listservs for substantive law task forces including the Family Law, Housing Law, Immigration Law, and Public Benefits & Health Law Task Forces. A Law Library and Self-Help Center Staff listserv, available only to law library and self-help center staff, provides a forum to discuss questions related to serving pro se litigants. Supreme Court Protective Order Task Force The Protective Order Task Force submitted a revised Protective Order Kit to the Supreme Court in April 2012 to comply with newly passed legislation. The 2012 Revised Protected Order Kit was approved by the Supreme Court on May 8, 2012. Non-substantive corrections were made and submitted to the Court on June 27, 2012. The Kit is available on TexasLawHelp in English. (Exhibit B) The Task Force is currently working on making the Kit available as an online fillable form, also known as an A2J form, and having it translated into Spanish and Vietnamese. Supreme Court Uniform Forms Task Force The Uniform Forms Task Force submitted its first set of forms and instructions for a divorce with no children and no real property to the Court on January 11, 2012. The Court sent this divorce kit to its Supreme Court Advisory Committee (“SCAC”) for further review. The SCAC appointed a subcommittee to conduct a preliminary examination of the forms and to look into any policy concerns. On January 30, 2012, the State Bar appointed its Solutions 2012 Task Force to provide input on the issue of self-represented litigants. Solutions 2012 submitted a report to the SCAC which was subsequently accepted by the State Bar Board of Directors at its April 13, 2012, meeting. At the April 13, 2012, SCAC meeting, the Commission, the State Bar Solutions 2012 Task Force, and the Family Law Foundation had an opportunity to present their positions. Following the presentations, the SCAC members asked questions and discussed policy issues. The SCAC members then conducted a page-by-page review of the divorce kit forms and instructions. At the end of the first day, the SCAC invited public comment. Many people spoke in favor of the forms; only one person spoke in opposition.
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On November 13, 2012, the Court approved Divorce Set One for uncontested divorces involving no children and no real estate. The Commission applauds the Court’s deep commitment to access to justice. Approval of these forms will allow greater access to the courts for thousands of individuals who are unable to afford an attorney or obtain help through legal aid. The Commission had been in discussion with the Probate Division of the Real Estate Probate and Trust Section of the State Bar of Texas on the development of forms for probate matters. The Task Force will reconvene and determine, with the guidance of the Court, which forms to next address. Task Force to Expand Legal Services Delivery The Supreme Court Task Force to Expand Legal Services Delivery held a summit meeting on September 12, 2012. Each section was asked to designate a pro bono point person to be involved in the Task Force and representatives from legal aid and pro bono programs were invited to participate. There was an energetic exchange of information as the Task Force heard firsthand the challenges faced by providers and how they could use assistance. The group brainstormed ways to implement the ideas generated from the meeting. The dialogue made clear that there was a need to develop working subcommittees on three main focus areas: Education, Training, and CLE; Recruitment, Mentoring, and Language Access; and Available and Needed Resources. Members have identified the subcommittees on which they would prefer to work, and initial subcommittee meetings are set for the second week in December. Once the subcommittees have met and established clear objectives, the Task Force will develop a timetable of accomplishing its goals. ENHANCING ACCESS TO JUSTICE THROUGH POLICY AND BEST PRACTICE INITIATIVES Legislative Committee The Legislative Committee assists the Commission in developing and advocating a legislative agenda to enhance funding for legal services to the poor. State Funding for Basic Civil Legal Services The Committee developed a statewide interim effort to meet with legislators in their district offices prior to the start of session on January 8, 2013. The teams are divided among the following regions: Austin, Dallas-Fort Worth, East Texas, El Paso-Midland-Odessa, Houston, Panhandle, San Antonio, and South Texas. Staff members and team leaders are coordinating with local leaders and making educational visits to Senate and House members before the session begins. Meetings have focused on the legal needs of victims of domestic violence, the Texas Access to Justice Commission Report, November 30, 2012
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elderly, and veterans and their families. Additionally, team members have used the visits to educate legislators on Texas’ legal aid funding system generally and on the specific financial needs of the system. The Committee is also preparing for Access to Justice Day at the Capitol which will take place on February 20, 2013. Committee members and Commission board members will spend this day updating legislators on access to justice issues. Federal Funding for the Legal Services Corporation Under the 2012 budget of the Congress, $348 million was appropriated for Legal Services Corporation (“LSC”). In the past two years, Texas LSC programs have experienced an 18% decrease in LSC funding. These programs have been forced to lay off lawyers, which has significantly reduced their capacity to serve those in need. Legal Services Corporation funding for 2013 remains uncertain, with a high possibility of further cuts from current funding levels. On April 26, the House CJS Subcommittee marked up its FY 2013 appropriations bill, recommending $328 million in funding for LSC. The Commission will participate in ABA Days at the Capitol to talk with Congressmen about the importance of more robust funding for LSC programs. ENHANCING ACCESS TO JUSTICE THROUGH FUND DEVELOPMENT AND AWARENESS Awards Committee The Awards Committee recognized several extraordinary contributions towards access to justice during the last six months. Corporate Counsel Pro Bono Award During the Annual Meeting of the State Bar in June, Justice Hecht presented Marc Vockell, executive director of intellectual property litigation for Dell Inc., with the Corporate Counsel Pro Bono Award for actively providing pro bono legal services to low-income Texans and promoting a pro bono culture within Dell. Deborah G. Hankinson Award At the State Bar’s Bar Leaders Conference in July, the Commission recognized several local bar associations and State Bar of Texas sections with the highest attorney participation in the ATJ Contribution on the State Bar dues statement by presenting them with the Deborah G. Hankinson Award. The award was presented to the following local bar associations: the Austin Bar Association—Large City Bar Association (this is the ninth consecutive year the Austin Bar has received this Texas Access to Justice Commission Report, November 30, 2012
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award.); the Austin Young Lawyers Association—Large City TYLA affiliate; the Midland County Bar Association—Small City Bar Association; and the Midland County Young Lawyers Association—Small City TYLA affiliate. Pro Bono Service Award The Pro Bono Service Award is designed to recognize organizations that have created self-sustaining pro bono projects which motivate lawyers to provide pro bono legal assistance to poor Texans. This award was presented to the El Paso Bar Association for its Access to Justice Legal Fair and El Paso Lawyers for Patriots Legal Clinics; the Family Law Section of the State Bar for the Family Law Essentials Seminars; and the Houston Bar Foundation for its Veterans Legal Initiative. Magna Stella Pro Bono Award Justice Nathan Hecht presented the legal department of Marathon Oil Company with the Magna Stella Pro Bono Award at the Texas General Counsel Forum’s annual Magna Stella Awards dinner on November 8 in San Antonio. The award, created in partnership with the Forum, recognizes corporate legal departments that promote pro bono legal services within their organization and within the corporate structure at large. Runners up for the award were Dell, Inc. and Halliburton. Law Student Pro Bono Award At the November New Lawyer Induction, Justice Hecht presented Brittany Wray, of Baylor Law School, with the Law Student Pro Bono Award. This award was created to commemorate a student whose pro bono work has made a significant impact on the community and reflects a passion for advocating on behalf of underserved populations. The student must have performed substantial pro bono legal service, as opposed to general public service, and be involved in public service-oriented law student groups. Law School Commitment to Service Award Justice Hecht presented South Texas College of Law with the Law School Commitment to Service Award. This esteemed award was created to spotlight a law school that has most distinguished itself by actively educating its students about access to justice issues and providing pro bono assistance through student clinics and organizations. Bar Leaders for Justice Committee The Bar Leaders for Justice Committee seeks to engage local bar leaders in local and statewide fund raising efforts and in developing access to justice initiatives in their communities.
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The Committee has reconstituted the Deborah G. Hankinson Award to encourage more local bar involvement in access to justice matters. The Award will now take into account a local bar’s community and statewide efforts to increase financial support for ATJ and efforts to raise awareness and increase access to the judicial system. The first awards under the new criteria will be presented at the 2013 Local Bar Leaders Conference. (Exhibit C) To increase awareness of ATJ issues among Texas attorneys, the Committee is working with TexasBarCLE to include an ATJ segment in CLE courses. The initial focus will be on the most highly attended courses: Advanced Family Law, Advanced Administrative Law, Advanced Employment Law, Advanced Estate Planning, Advanced Real Estate and Advanced Civil Trial. The Committee has reached out to each course director regarding the possible addition of an ATJ segment. TexasBarCLE has also agreed to videotape a live ATJ Basics presentation that will be offered online as free ethics credits. Development and Fund Raising Efforts Access to Justice Contribution Campaign This year the Commission launched the Texas Access to Justice Campaign. Attorneys from across the state were encouraged to make the voluntary $150 ATJ contribution on their State Bar dues statement. The campaign raised awareness by sending a personalized email and video to all Texas attorneys. ATJ contributions increased nearly ten percent, raising almost $1 million for Legal Aid this year, with several individuals giving above the suggested contribution. The Commission created a competition among the largest 10 law firms in Austin, Dallas, Houston, and San Antonio to encourage greater attorney participation. Attorney contributions within firms increased more than forty percent. Justice Hecht presented awards to the top three law firms in each of these cities at the annual Supreme Court Luncheon on October 22, 2012. (Exhibit D) These inaugural Champions of Justice Law Firms were recognized for raising the most dollars or having the highest percentage of attorney participation in the campaign. The Commission applauds the efforts of these firms as well as all lawyers who supported this campaign. Texas General Counsel Forum and Commission Golf Tournament The success of the golf tournament is outlined at the beginning of this Report under “Corporate Counsel Committee.”
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ADMINISTRATION Board and Staff Changes The Commission welcomed three new Commissioners this summer: Roy Brantley, a State Bar of Texas appointee, is an attorney with West, Webb, Allbritton & Gentry in College Station, and is certified in personal injury trial law by the Texas Board of Legal Specialization. He received his B.A. from Texas A&M University and his J.D. from South Texas College of Law. He served as a briefing attorney to the Texas Supreme Court in 1985–86. He has been an officer of the Brazos Valley Young Lawyers Association and the Brazos County Bar Association. He has also served on District 8 Grievance Committee from 1999 to 2003, and as Chair in 2003. He is a Life Fellow of the Texas Bar Foundation. Patricia Chamblin, a State Bar of Texas appointee, is a shareholder at MeHaffyWeber in Beaumont. She is a graduate of Abilene Christian College and received her JD from the University of Texas School of Law. Throughout her career, she has focused on health care law and personal injury litigation. Recently, her focus has also included mediation, appellate work, and general civil litigation. She has served in various capacities at the State Bar and currently serves on the Texas Disciplinary Rules of Professional Conduct Committee. She is a past president of the Jefferson County Bar Association and a current member of the Texas Bar Foundation board. She has won many awards for pro bono and public service, including the John Hannah Award for Public Service presented by the Bar Association for the Eastern District of Texas in 2010 and a Presidential Citation in 2011 from the State Bar of Texas. Pedro “Pete” Fierro, a State Bar of Texas appointee, has been the Equal Justice Volunteer Coordinator at Legal Aid of NorthWest Texas since 2003, working in both the Odessa and Midland offices. He has a Bachelor of Arts Degree in Psychology with a minor in Criminal Justice from Sul Ross State University. He has served on the Executive Board of the National Association of Pro Bono Professionals and has been Past President of the Midland Victims Coalition. He received the Liberty Bell Award from the Midland County Bar Association in 2008 and this year received the State Bar of Texas Pro Bono Coordinator Award. The Commission is sad to see the departure of staff attorney, Melissa Cook, who joined a local family law firm. We are delighted to announce the addition of Jocelyn Fowler, our new staff attorney, who joined us in September 2012. Texas Access to Justice Commission Report, November 30, 2012
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Exhibit A
BYOD: Bring Your Own Devices – issues related to employees using their own technology devices Join us for a Webinar on October 9
Space is limited. Reserve your Webinar seat now at: https://www3.gotomeeting.com/register/909981606 Members of the TAJC Technology Committee will discuss issues related to employees using their own technology devices such as notebook computers, tablets, and smart phones in the workplace. This webinar program is specifically tailored to directors and IT staff of grantee organizations. Invitations to participate in the webinar have been limited to Executive Directors and Directors of Information Technology. Feel free to forward this invitation to other members of your staff that you would like to designate. Title: : BYOD: Bring Your Own Devices – issues related to employees using their own technology devices Date: Tuesday, October 9, 2012 Time: 12:00 PM - 1:00 PM CDT After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements PC-based attendees Required: Windows® 7, Vista, XP or 2003 Server Mac®-based attendees Required: Mac OS® X 10.5 or newer Mobile attendees Required: iPhone®, iPad®, Android™ phone or Android tablet
Exhibit B
PROTECTIVE ORDERS What is a Protective Order? It is a court order that protects you from someone who has been violent or threatened to be violent. Violence can include sexual assault.
How can a Protective Order help me? It can order the other person to: • Not hurt you or threaten to hurt you • Not contact you or go near you, your children, other family relatives, your pets, your home, where you work, or your children’s schools • Not have a gun or a license to carry a gun The police can arrest the other person for violating any of these orders.
Can I get a Protective Order? You can get a Protective Order if: • Someone has hurt you, or threatened to hurt you, and • You are afraid that person may hurt you again, and • Either you, or your spouse or dating partner has a close relationship with the person who hurt you (a close relationship includes: marriage, close relatives, dating or living together, or having a child together). You can also get a Protective Order if you have had a Protective Order against the other person before and the other person violated the parts of the Protective Order designed to protect you. You can also get a Protective Order if you have been sexually assaulted or stalked, even if you do not have a close relationship with the person who sexually assaulted or stalked you. To get more information about this kind of Protective Order, contact the Texas Advocacy Project, Inc. at 800/374HOPE(4673) or the Texas Association Against Sexual Assault at 512-474-7190.
How much does it cost? It is free for you.
How do I ask for a Protective Order? Fill out the forms in this kit: • Application for Protective Order • Either an Affidavit or Declaration • Temporary Ex Parte Protective Order • Protective Order • Respondent Information
Do I use the Affidavit or the Declaration form? An Application for Protective Order needs to include either a completed Affidavit or Declaration form. You only need to complete one of these forms. Do NOT complete both forms. • Complete the Affidavit form if you want your Date of Birth and Address kept confidential. An Affidavit must be signed in front of a notary. • Complete the Declaration form if you want your Date of Birth and Address to be public information (not confidential). A Declaration does NOT have to be signed in front of a notary.
Where do I file the forms? After you fill out the forms, take the forms with 2 copies to the courthouse. File them in the county where you or the other person lives. But if you have a divorce or custody case pending against the other person, file the forms in that same county or the county where you live.
What if the other person and I live together or have children together? The judge can make orders about who gets to use the house, apartment or car. The judge can also make other orders, like child custody, child support, visitation, and spousal support. The judge can also make an order to protect pets.
Can I get protection right away? The judge may give you a temporary order that protects you until your court hearing. This order is called a “Temporary Ex Parte Protective Order”. Please note: if you do not receive a court document entitled “Temporary Ex Parte Protective Order” that is signed by the judge after you apply, you do NOT have a protective order yet. You must go to a hearing and ask the judge for a Protective Order. In some cases, the judge orders the other person to leave the home right away. If you want this, you should ask the judge. Be ready to testify at a hearing when you file your Application.
Do I have to go to court? Yes. Even if you get a Temporary Ex Parte Protective Order, you must go to the next hearing. It should be in about 2 weeks. The judge will decide if you should have protection and for how long. If you do not go, the Temporary Ex Parte Protective Order may end. Read Get Ready for Court in this kit. Or get it from the court clerk or from: www.texaslawhelp.org/protectiveorderkit
How will the other person know about the Protective Order? You must have the other person “served” before the court hearing. This means someone—not you—will serve (give) the other person a copy of your application for a protective order. Please note: when the other person receives your application for a Protective Order, they will also receive a copy of your signed Affidavit or Declaration. Also, if the other person is in the military, a copy of the application for protective order and Affidavit or Declaration will be sent to the officials on base. The clerk can arrange for law enforcement to serve the other person the court papers for FREE (for you).
How long will the Protective Order be in place? In most cases, a Protective Order will last up to two years. There are some situations where a court can issue a Protective Order that lasts longer than two years.
Need help? There is an instruction sheet for each form. But, if you need more help, contact: Family Violence Legal Line: 800-374-HOPE (4673) Or, go to: www.texaslawhelp.org/protectiveorderkit
Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process. Your county or district attorney or legal aid office may be able to help for free. The State Bar of Texas may also be able to refer you to a lawyer if you call 800-252-9690.
Get Ready for Court Don’t miss your hearing!
What if I am afraid?
If you miss it, your Temporary Ex Parte Protective Order may end and you will have to start from the beginning.
If you don’t feel safe, call your local family crisis center or the National Domestic Violence Hotline: 800-799-SAFE (7233)
Get ready. • Fill out a Protective Order before you go to court and bring it with you. • Bring any evidence you have, like photographs, medical records, torn clothing. Also bring witnesses who know about the violence, like a neighbor, relative or police. The judge may ask them to testify. • If you had a Protective Order in the past, bring a copy of it. • Bring proof of your and the other person’s income and expenses, like bills, paycheck stubs, bank accounts, tax returns. • If the Proof of Service was returned to you, file it with the clerk and bring a copy to court. Proof of Service is a document that shows when and where the other person was given a copy of the Application for Protective Order.
Get there 30 minutes early. • Find the courtroom. • When the courtroom opens, go in and tell the clerk or officer that you are present. • Watch the other cases so you will know what to do. • When your name is called, go to the front of the courtroom.
What if I don’t speak English? When you file your papers, tell the clerk you will need an interpreter. Ask the court clerk if you qualify for any free interpretation services. If a court interpreter is not available, bring someone to interpret for you. Do not ask a child, a protected person, or a witness to interpret for you.
What if I am deaf? When you file your papers, ask for an interpreter or other accommodation.
What if I need child support or visitation orders?
Practice what you want to say. Make a list of the orders you want and practice saying them. Do not take more than 3 minutes to say what you want. If you get nervous at the hearing, just read from your list. Use that list to see if the judge has made every order you asked for.
The judge may ask questions. The other person or his or her lawyer may also ask you questions. Tell the truth. Speak slowly. Give complete answers. If you don’t understand, say, “I don’t understand the question.” Speak only to the judge unless it is your turn to ask questions. When people are talking to the judge, wait for them to finish. Then you can ask questions about what they said.
What happens after the hearing? If the judge agrees you need protection, the judge will sign your Protective Order. Take your signed order to the court clerk. Ask for copies of your order (or make extra copies) and keep one with you at all times. Make sure copies of your order are sent to your children’s daycare, babysitter, school, and to the other person’s military superior, if they have one. If the other person violates the order, call the police and show them your order.
Need help? If you are in danger, call the police: 911 Or call Family Violence Legal Line: 800-374-HOPE (4673) Or go to: www.texaslawhelp.org/protectiveorderkit
Call the Family Violence Legal Line before you go to court: 800-374-HOPE (4673)
Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process. Your county or district attorney or legal aid office may be able to help for free. The State Bar of Texas may also be able to refer you to a lawyer if you call 800-252-9690.
Make A Safety Plan A safety plan can help keep you and your children safe. Ask a domestic violence counselor to help you with your plan.
During an Attack When an attack starts, try to escape. Leave your home and take your children, no matter what time it is! • Go to a friend’s house or to a domestic violence shelter. Call 1-800-799-SAFE (7233) to find a shelter near you. • Defend and protect yourself. Later, take photos of your injuries. • Call for help. Scream as loud and as long as you can. • Stay close to a door or window so you can get out if you need to. • Stay away from the bathroom, kitchen, and weapons.
Be Ready to Leave Leaving is the most dangerous time. Thinking about your safety plan before you leave will help you when the time comes. • Practice your escape. Know which doors, windows, elevator, or stairs are best. Practice with your children if they are old enough. • Have a safe place to go in an emergency. Memorize their phone number. • Keep a cell phone or calling card with you always so you can call in an emergency. • Ask a neighbor and a co-worker to call the police if they see or hear abuse. • Get rid of guns and weapons in your house. • Teach your children how to dial 911 to get help in an emergency. • Have a safety plan for your children when you can’t be with them. Teach them the plan. • Have a “code word” to use with your children, family, friends, and neighbors. Ask them to call the police when you say that word. • Keep a bag ready with clothes and extra keys for your house and car. Hide it in a place you can get to quickly. Or leave it at a friend’s house. • Get your own post office box so you can safely get checks and mail. • Open your own checking or savings account and try to get a credit card in your name.
• Put important things in a safe place where you can get them easily, such as your: o Medicines o Driver’s license, ID, social security card o Cash, check book, credit cards o Legal papers, important phone numbers. • Make plans for your pets if you have them. • Review your safety plan a lot and make changes to it if you need to.
Be Safe With Technology • Get a new email address. • Change your passwords and PIN numbers often. • Search your name on the internet to see if your phone numbers or address are listed. • If you have an online page, “de-friend” your partner or make a new page. • Use a computer that your partner doesn’t know about like at a library or friend’s house. • Get a cell phone that your partner doesn’t know about. Call the domestic violence shelter and ask them if they can give you a donated cell phone. Call 1-800-799-SAFE (7233). • Save emergency phone numbers with a made up name in your cell phone. For example, you can name the domestic violence shelter in your cell as “Angie.”
Be Safe When You Live on Your Own • Change the locks on your doors as soon as you can. • Put locks on all your doors and windows. • Ask your phone company for an unlisted number. Sometimes this is free. Don’t call your partner from your phone. Screen all your calls. • If you move, don’t tell your partner where you live. • Give your children’s school or daycare a list of who is allowed to pick up your children. • Tell your neighbors and landlord that your partner no longer lives with you. Ask them to call the police if they see your partner near your home. • Take care of yourself by asking for what you need and going to a support group. • If you have to see your partner, meet in a public place and bring someone with you.
Information also provided by: Texas RioGrande Legal Aid & the Texas Council on Family Violence
If you are thinking about going back to your partner, talk to someone you trust first. Be safe at work by asking your co-workers to call the police if they see your partner at your job. Bring a picture of your partner to work. Take a different way home and to work. Go to different stores and places. Change your routine. If you drive, park where there is a lot of light. Have someone walk with you to your car or to the bus stop.
• •
• • •
Be Safe With a Protective Order • Always keep your Protective Order with you and call the police if your partner violates it. • Give copies of your protective order to your family, friends, neighbors, school, and daycare.
Important Phone Numbers Police and Emergencies 911 National Domestic Violence (DV) Hotline 1-800-799-SAFE (7233) 1-800-787-3224 (TTY) for the Deaf Texas Council on Family Violence 1-800-525-1978 First Call for Help 1-800-HELP-5555 (1-800-4357-5555) Child and Elderly Abuse/Neglect 1-800-252-5400 Rape Abuse & Incest National Network 1-800-656-HOPE (4673) Texas Advocacy Project—Legal Line 1-800-374-HOPE (4673)
Important Things to Take With You Identification— Driver’s License Birth Certificate Social Security Card Children’s Birth Certificate and Social Security Cards Financial— Money and credit cards in your name Checking and savings account numbers Legal Papers— Protective Order Lease or house papers Car registration and insurance Health and life insurance papers Medical records for you and your children School records Work permits/Green Cards/Visa Passport Divorce and custody papers Marriage license Mortgage and loan payment books and account numbers Other— Medications House and car keys Valuable jewelry Address book Pictures Clothes for you and your children Diapers and formula Pets
Keep these papers in a safe place where your partner can’t find them!
Lawyer Referral Service 1-877-9TEXASBAR or 1-800-252-9690 Child Support Office 1-800-252-8014 Crime Victim’s Compensation 1-800-983-9933
Information also provided by: Texas RioGrande Legal Aid & the Texas Council on Family Violence
Cause No.: ______________________________ Your name here. are the Applicant. You Applicant: ______________________________________
§
In the ____________________________ Court
§ v.
The clerk fills ofpart out this
§
Name of person you want protection from. This is the Respondent.
§ § §
Respondent: ____________________________________
§
__________________________ County, Texas
Application for Protective Order Your name here. 1 Parties County where Name: County of Residence: Name of person you want protection from person lives each Applicant: ______________________________________ ___________________________________ Respondent: ____________________________________ ___________________________________ Best address to give the other person a copy of this form Respondent’s address for service: __________________________________________________________________ Check all that apply: The Applicant and Respondent are or were members of the same family or household. The Applicant and Respondent are parents of the same child or children. The Applicant and Respondent used to be married. The Applicant and Respondent are or were dating. The Applicant is an adult asking for protection for the Children named below from child abuse and/or family or dating violence. The Applicant is dating or married to a person who was married to or dating the Respondent. 2 Children: The Applicant is asking for protection for these Children under age 18: Name: Is Respondent the biological parent? County of Residence: a. ______________________________________ Yes No ________________________________ b. ______________________________________ Yes No ________________________________ Names of children County where c. ______________________________________ Yes No ________________________________ needing protection each person lives d. ______________________________________ Yes No ________________________________ Check all that apply: Other children are listed on a sheet attached to this Application. The Children are or were members of the Applicant’s family or household. The Children are the subject of a court order affecting access to them or their support. 3 Other Adults: The Applicant is asking for protection for these Adults, who are or were members of the Applicant’s family or household, or are in a dating or marriage relationship with the Applicant. Name: County of Residence: a. _____________________________________________________ ________________________________ County where Names of other adults needing protection b. _____________________________________________________ ________________________________ each person lives 4 Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant, Respondent, or the Children? Yes No If “Yes,” say what kind of case and if the case is active or completed. _______________________________________________________________________________________________ If “completed,” (check one): A copy of the final order is attached. A copy of the final order will be filed before the hearing on this Application. 5 Grounds: Why is the Applicant asking for this Protective Order? Check one or both: and check Read The Respondent committed family violence and is likely to commit family violence in the future. one or both The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less. A copy of the Order is (check one): Attached, or Not available now but will be filed before the hearing on this Application
Sample Only — Do Not File
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 1 of 4
The Applicant requests a PROTECTIVE ORDER and asks the Court makeyou all Orders marked with a check ✔ orders all theto Check want the judge to make
6
✔Orders to Prevent Family Violence
The Applicant asks the Court to order the Respondent to (Check all that apply): a. Not commit family violence against any person named on page 1 of this form. b. Not communicate in a threatening or harassing manner with any person named on page 1 of this form. c. Not communicate a threat through any person to any person named on page 1 of this form. d. Not communicate or attempt to communicate in any manner with (Check all that apply): Applicant Children Other Adults named on page 1 of this form. The Respondent may communicate through: _______________________ or other person the Court appoints. Good cause exists for prohibiting the Respondent’s direct communications. e. Not go within 200 yards of the (Check all that apply): Applicant Children Other Adults named on page 1 of this form. f. Not go within 200 yards of the residence, workplace or school of the (Check all that apply): Applicant Other Adults named on page 1 of this form. g. Not go within 200 yards of the Children’s residence, child-care facility, or school, except as specifically authorized in a possession schedule entered by the Court. h. Not stalk, follow or engage in conduct directed specifically to anyone named on page 1 of this form that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.
✔
The Applicant also asks the Court to make these Orders (Check all that apply): i. Suspend any license to carry a concealed handgun issued to the Respondent under state law. j. Require the Respondent to complete a battering intervention and prevention program; or if no such program is available, counseling with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor; and pay all costs for the counseling or treatment ordered. k. Prohibit the Respondent from harming, threatening, or interfering with the care, custody, or control of the following pet, companion animal or assistance animal: _____________________________________ (describe the animal). l. Require the Respondent to follow these provisions to prevent or reduce the likelihood of family violence. ________________________________________________________________________________________ The law requires a trial court issuing a protective order to prohibit the Respondent from possessing a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
7
Property Orders Your home address here, unless you want it to be confidential. The Residence located at:_________________________________________________________________________ (Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession. The Applicant also asks the Court to make these orders (Check all that apply): The Applicant to have exclusive use of the Residence identified above, and the Respondent must vacate the Residence. The sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent excluded from the Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove the Respondent from the Residence and arrest the Respondent for violating the Court’s Order. The Applicant to have exclusive use of the following property that the Applicant and Respondent jointly own or lease: ___________________________________________________________________________________________ List the property you want to use or control, like a car or furniture, ___________________________________________________________________________________________ even if the other person owns it with you. The Respondent must not damage, transfer, encumber, or otherwise dispose of any property jointly owned or leased by the parties, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly owned or possessed by the parties (whether so titled or not).
Sample Only — Do Not File
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 2 of 4
8 Spousal Support Order Applicant married to the Respondent or otherwise legally entitled to support from the Respondent and asks The here support. spousal if youiswant Check the Court to order the Respondent to pay support in an amount set by the Court.
9 Orders Related to Removal, Possession and Support of Children The Respondent is a parent of the following of the Applicant’s children:_____________________________________ _____________________________________________________________________________________________ Check here and fill out this section if you want the _____________________________________________________________________________________________ to make orders about who the children can stay judge with, restrictions on travel, and child support. And, the Applicant asks for these Orders in the best interest of the people named on page 1 of this form. Check all that apply: The Respondent must not remove the children from the Applicant’s possession or from their child-care facility or school, except as specifically authorized in a possession schedule entered by the Court. The Respondent must not remove the children from the jurisdiction of the Court. Establish or modify a schedule for the Respondent’s possession of the Children, subject to any terms and conditions necessary for the safety of the Applicant or the Children. Require the Respondent to pay child support in an amount set by the Court.
✔Temporary Ex Parte Protective Order 10 Based on the information in the attached Affidavit or Declaration, there is a clear and present danger of family violence that will cause the Applicant, Children or Other Adults named on page 1 of this form immediate and irreparable injury, loss and damage, for which there is no adequate remedy at law. Applicant asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice or hearing.
11 Ex Parte Order: Vacate Residence Immediately
Your home address here The Applicant now lives with the Respondent at: _____________________________________ or has resided at this Check here if you want the judge to Residence within the 30 days prior to filing this Application. The Respondent committed family violence against a order the other person to move out. member of the household within the 30 days prior to the filing of this Application, as described in the attached Affidavit or Declaration. There is a clear and present danger that the Respondent is likely to commit family violence against a member of the household. The Applicant is available for a hearing but asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice or hearing: • Granting the Applicant exclusive use and possession of the Residence and ordering the Respondent to vacate the Residence immediately, and remain at least 200 yards away from the Residence pending further Order of the Court; and • Directing the sheriff, constable, or chief of police to provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the Residence, and to provide protection while the Applicant either takes possession of the Residence or removes necessary personal property.
12 Keep Information Confidential The Applicant askswant the Court to keep addresses and telephone numbers for residences, workplaces, schools, and to keep here if you Check childcare facilities confidential. private. information contact your
13 Fees And Costs The Applicant asks the Court to order the Respondent to pay fees for service of process, all other fees and costs of Court, and reasonable attorneys’ fees, if applicable. I have read the entire Application and it is true and correct to the best of my knowledge.
Sign Here _____________________________________________ 4 Applicant, Pro se
__________
Address where Applicant may be contacted: __________________________________________________________________
List your address/phone or another address/phone
kept confidential. yours if you want Phone # where Applicant may be contacted: ____________________________ Fax #: ________________________________ (List another address/phone if you want yours kept confidential)
Sample Only — Do Not File
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 3 of 4
AFFIDAVIT
Use this form if YOU WANT your Date of Birth and Address to REMAIN CONFINDENTIAL. You will need to have it SIGNED BY A NOTARY.
Write the name of County of _____________________________ your county here
Do NOT use the Declaration form if you use this form.
State of Texas Your name here My name is ____________________________________ (First Middle Last). I am _____ years old and otherwise competent to make this Affidavit. The information and events described in this Affidavit are true and correct. 1. Describe the most recent time the Respondent hurt you or threatened to hurt you: _______________________________________________________________________________________________ _______________________________________________________________________________________________ Answer every question _______________________________________________________________________________________________ on this form _______________________________________________________________________________________________ 2. What date did this happen? _____ / ____ / _____ 3. Was a weapon involved? Yes No If yes, what kind? _____________________________________ If it happened in the last 4. Were any children there? Yes No If yes, who? _________________________________________ 30 days, the judge can order the Respondent to move out. 5. Did you call the police? Yes No If yes, what happened? ________________________________ 6. Did you get medical care? Yes No If yes, describe your injuries: ____________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 7. Has the Respondent ever threatened or hurt you before? Describe below, including date(s). _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 8. Were weapons ever involved? Yes No If yes, what kind? _____________________________________ 9. Were any children there? Yes No If yes, who? _________________________________________ 10. Have the police ever been called? Yes No _________________________________________ 11. Did you ever have to get medical care? Yes No If yes, describe your injuries: ___________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 12. Has the Defendant ever been convicted of family violence? Yes No If yes, list when and in which county and state the convictions occurred: _____________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Do NOT sign until the notary tells you to. ___________________________________________
4
Applicant signs here On ____/ _____/ _____ the Applicant ________________________________ personally appeared before me, the undersigned notary. After being sworn, the Applicant stated that she/he is qualified to make this oath, that she/he has read the foregoing Application and Affidavit, that she/he has personal knowledge of the facts asserted, and the facts aspart belief. out this and serted are true and to the best of Notary her/his fills knowledge Subscribed and sworn to before me on ____/ ____/ _______. ___________________________________________ 4 Notary Public in and for the State of Texas My Commission expires: ______________________
Sample Only — Do Not File
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 4 of 4
DECLARATION Write the name of your county here County of _____________________ State of Texas
Use this form if you want your Date of Birth and Address to be public information (not confidential). You will NOT need to have it signed by a notary. Do NOT use the Affidavit form if you use this form.
Your name here Your date of birth here My name is ___________________________________ (First Middle Last), my date of birth is ___________________, and my address is_______________________________________(Street), __________________________________ Your address here (City), ______________________ (State), _________________ (Zip Code) _____________(Country)_____________. I declare under penalty of perjury that the foregoing is true and correct. Write your County, State, and the signed here Date you on Executed in ___________ County, State of ________, the ________ day of_________ (Month), ________ (Year). ___________________________________________(Declarant Signature). Sign your name here 1. Describe the most recent time the Respondent hurt you or threatened to hurt you: _______________________________________________________________________________________________ _______________________________________________________________________________________________ Answer every question on this form _______________________________________________________________________________________________ _______________________________________________________________________________________________ 2. What date did this happen? _____ / ____ / _____ 3. Was a weapon involved? Yes No If yes, what kind? _____________________________________ 4. Were any children there? Yes No If yes, who? _________________________________________ If it happened in the last 30 days, the judge can order the 5. Did you call the police? Yes No If yes, what happened? ________________________________ Respondent to move out. 6. Did you get medical care? Yes No If yes, describe your injuries: ____________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 7. Has the Respondent ever threatened or hurt you before? Describe below, including date(s). _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 8. Were weapons ever involved? Yes No If yes, what kind? _____________________________________ 9. Were any children there? Yes No If yes, who? _________________________________________ 10. Have the police ever been called? Yes No _________________________________________ 11. Did you ever have to get medical care? Yes No If yes, describe your injuries: ___________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 12. Has the Defendant ever been convicted of family violence? Yes No If yes, list when and in which county and state the convictions occurred: _____________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________
Sign Here ___________________________________________ 4 Applicant signs here
Sample Only — Do Not File
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 4 of 4
Cause No.: ______________________________ Applicant: ______________________________________
§
In the ____________________________ Court
§ v.
§
of
§ § § Respondent: ____________________________________
§
__________________________ County, Texas
Application for Protective Order 1 Parties Name: County of Residence: Applicant: ______________________________________ ___________________________________ Respondent: ____________________________________ ___________________________________ Respondent’s address for service: __________________________________________________________________ Check all that apply: The Applicant and Respondent are or were members of the same family or household. The Applicant and Respondent are parents of the same child or children. The Applicant and Respondent used to be married. The Applicant and Respondent are or were dating. The Applicant is an adult asking for protection for the Children named below from child abuse and/or family or dating violence. The Applicant is dating or married to a person who was married to or dating the Respondent. 2 Children: The Applicant is asking for protection for these Children under age 18: Name: Is Respondent the biological parent? County of Residence: a. ______________________________________ Yes No ________________________________ b. ______________________________________ Yes No ________________________________ c. ______________________________________ Yes No ________________________________ d. ______________________________________ Yes No ________________________________ Check all that apply: Other children are listed on a sheet attached to this Application. The Children are or were members of the Applicant’s family or household. The Children are the subject of a court order affecting access to them or their support. 3 Other Adults: The Applicant is asking for protection for these Adults, who are or were members of the Applicant’s family or household, or are in a dating or marriage relationship with the Applicant. Name: County of Residence: a. _____________________________________________________ ________________________________ b. _____________________________________________________ ________________________________ 4 Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant, Respondent, or the Children? Yes No If “Yes,” say what kind of case and if the case is active or completed. _______________________________________________________________________________________________ If “completed,” (check one): A copy of the final order is attached. A copy of the final order will be filed before the hearing on this Application. 5 Grounds: Why is the Applicant asking for this Protective Order? Check one or both: The Respondent committed family violence and is likely to commit family violence in the future. The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less. A copy of the Order is (check one): Attached, or Not available now but will be filed before the hearing on this Application Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 1 of 4
The Applicant requests a PROTECTIVE ORDER and asks the Court to make all Orders marked with a check ✔
6
✔Orders to Prevent Family Violence The Applicant asks the Court to order the Respondent to (Check all that apply): a. Not commit family violence against any person named on page 1 of this form. b. Not communicate in a threatening or harassing manner with any person named on page 1 of this form. c. Not communicate a threat through any person to any person named on page 1 of this form. d. Not communicate or attempt to communicate in any manner with (Check all that apply): Applicant Children Other Adults named on page 1 of this form. The Respondent may communicate through: _______________________ or other person the Court appoints. Good cause exists for prohibiting the Respondent’s direct communications. e. Not go within 200 yards of the (Check all that apply): Applicant Children Other Adults named on page 1 of this form. f. Not go within 200 yards of the residence, workplace or school of the (Check all that apply): Applicant Other Adults named on page 1 of this form. g. Not go within 200 yards of the Children’s residence, child-care facility, or school, except as specifically authorized in a possession schedule entered by the Court. h. Not stalk, follow or engage in conduct directed specifically to anyone named on page 1 of this form that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.
✔
The Applicant also asks the Court to make these Orders (Check all that apply): i. Suspend any license to carry a concealed handgun issued to the Respondent under state law. j. Require the Respondent to complete a battering intervention and prevention program; or if no such program is available, counseling with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor; and pay all costs for the counseling or treatment ordered. k. Prohibit the Respondent from harming, threatening, or interfering with the care, custody, or control of the following pet, companion animal or assistance animal: _____________________________________ (describe the animal). l. Require the Respondent to follow these provisions to prevent or reduce the likelihood of family violence. ________________________________________________________________________________________ The law requires a trial court issuing a protective order to prohibit the Respondent from possessing a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
7
Property Orders The Residence located at:_________________________________________________________________________ (Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession. The Applicant also asks the Court to make these orders (Check all that apply): The Applicant to have exclusive use of the Residence identified above, and the Respondent must vacate the Residence. The sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent excluded from the Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove the Respondent from the Residence and arrest the Respondent for violating the Court’s Order. The Applicant to have exclusive use of the following property that the Applicant and Respondent jointly own or lease: ___________________________________________________________________________________________ ___________________________________________________________________________________________ The Respondent must not damage, transfer, encumber, or otherwise dispose of any property jointly owned or leased by the parties, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly owned or possessed by the parties (whether so titled or not).
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 2 of 4
8 Spousal Support Order The Applicant is married to the Respondent or otherwise legally entitled to support from the Respondent and asks the Court to order the Respondent to pay support in an amount set by the Court.
9 Orders Related to Removal, Possession and Support of Children The Respondent is a parent of the following of the Applicant’s children:_____________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ And, the Applicant asks for these Orders in the best interest of the people named on page 1 of this form. Check all that apply: The Respondent must not remove the children from the Applicant’s possession or from their child-care facility or school, except as specifically authorized in a possession schedule entered by the Court. The Respondent must not remove the children from the jurisdiction of the Court. Establish or modify a schedule for the Respondent’s possession of the Children, subject to any terms and conditions necessary for the safety of the Applicant or the Children. Require the Respondent to pay child support in an amount set by the Court.
✔Temporary Ex Parte PROTECTIVE ORDER 10 Based on the information in the attached Affidavit or Declaration, there is a clear and present danger of family violence that will cause the Applicant, Children or Other Adults named on page 1 of this form immediate and irreparable injury, loss and damage, for which there is no adequate remedy at law. Applicant asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice or hearing.
11 Ex Parte Order: Vacate Residence Immediately The Applicant now lives with the Respondent at: _____________________________________ or has resided at this Residence within the 30 days prior to filing this Application. The Respondent committed family violence against a member of the household within the 30 days prior to the filing of this Application, as described in the attached Affidavit or Declaration. There is a clear and present danger that the Respondent is likely to commit family violence against a member of the household. The Applicant is available for a hearing but asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice or hearing: • Granting the Applicant exclusive use and possession of the Residence and ordering the Respondent to vacate the Residence immediately, and remain at least 200 yards away from the Residence pending further Order of the Court; and • Directing the sheriff, constable, or chief of police to provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the Residence, and to provide protection while the Applicant either takes possession of the Residence or removes necessary personal property.
12 Keep Information Confidential The Applicant asks the Court to keep addresses and telephone numbers for residences, workplaces, schools, and childcare facilities confidential.
13 Fees And Costs The Applicant asks the Court to order the Respondent to pay fees for service of process, all other fees and costs of Court, and reasonable attorneys’ fees, if applicable. I have read the entire Application and it is true and correct to the best of my knowledge.
_____________________________________________ 4 Applicant, Pro se
__________
Address where Applicant may be contacted: __________________________________________________________________ Phone # where Applicant may be contacted: ____________________________ Fax #: ________________________________ (List another address/phone if you want yours kept confidential) Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 3 of 4
AFFIDAVIT County of _____________________________ State of Texas My name is ____________________________________ (First Middle Last). I am _____ years old and otherwise competent to make this Affidavit. The information and events described in this Affidavit are true and correct. 1. Describe the most recent time the Respondent hurt you or threatened to hurt you: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 2. What date did this happen? _____ / ____ / _____ 3. Was a weapon involved? Yes No If yes, what kind? _____________________________________ 4. Were any children there? Yes No If yes, who? _________________________________________ 5. Did you call the police? Yes No If yes, what happened? ________________________________ 6. Did you get medical care? Yes No If yes, describe your injuries: ____________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 7. Has the Respondent ever threatened or hurt you before? Describe below, including date(s). _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 8. Were weapons ever involved? Yes No If yes, what kind? _____________________________________ 9. Were any children there? Yes No If yes, who? _________________________________________ 10. Have the police ever been called? Yes No 11. Did you ever have to get medical care? Yes No If yes, describe your injuries: ___________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 12. Has the Defendant ever been convicted of family violence? Yes No If yes, list when and in which county and state the convictions occurred: _____________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ ___________________________________________ 4 Applicant signs here On ____/ _____/ _____ the Applicant ________________________________ personally appeared before me, the undersigned notary. After being sworn, the Applicant stated that she/he is qualified to make this oath, that she/he has read the foregoing Application and Affidavit, that she/he has personal knowledge of the facts asserted, and the facts asserted are true and to the best of her/his knowledge and belief. Subscribed and sworn to before me on ____/ ____/ _______. ___________________________________________ 4 Notary Public in and for the State of Texas My Commission expires: ______________________
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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DECLARATION County of _____________________ State of Texas My name is ___________________________________ (First Middle Last), my date of birth is ___________________, and my address is_______________________________________(Street), __________________________________ (City), ______________________ (State), _________________ (Zip Code) _____________(Country)_____________. I declare under penalty of perjury that the foregoing is true and correct. Executed in ___________ County, State of ________, on the ________ day of_________ (Month), ________ (Year). ___________________________________________(Declarant Signature). 1. Describe the most recent time the Respondent hurt you or threatened to hurt you: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 2. What date did this happen? _____ / ____ / _____ 3. Was a weapon involved? Yes No If yes, what kind? _____________________________________ 4. Were any children there? Yes No If yes, who? _________________________________________ 5. Did you call the police? Yes No If yes, what happened? ________________________________ 6. Did you get medical care? Yes No If yes, describe your injuries: ____________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 7. Has the Respondent ever threatened or hurt you before? Describe below, including date(s). _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 8. Were weapons ever involved? Yes No If yes, what kind? _____________________________________ 9. Were any children there? Yes No If yes, who? _________________________________________ 10. Have the police ever been called? Yes No _________________________________________ 11. Did you ever have to get medical care? Yes No If yes, describe your injuries: ___________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 12. Has the Defendant ever been convicted of family violence? Yes No If yes, list when and in which county and state the convictions occurred: _____________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________
___________________________________________ 4 Applicant signs here
Application for Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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Cause No.: ______________________________ Applicant: ______________________________________
v.
§
In the ____________________________ Court
§ Look at the top of your Application § and copy the for Protective Order here. same information §
of
§ Respondent: ____________________________________
§
__________________________ County, Texas
Temporary Ex Parte Protective Order Go to the court hearing on: Date: _________________________ Time:________ a.m. The p.m.court fills out this part. Court Address: ________________________________________________________________________________ Findings: The Court finds from the sworn Affidavit or Declaration attached to the Application for Protective Order filed in this case that there is a clear and present danger that the Respondent named below will commit acts of family violence that will cause the Applicant, Children and/or Other Adults named below immediate and irreparable injury, loss and damage, for which there is no adequate remedy at law. The Court, therefore, enters this Temporary Ex Parte Protective Order without further notice to the Respondent or hearing. No bond is required.
1
Respondent: The person named below must follow all Orders marked with a check.
2
Protected People: The following people are protected by the terms of this Protective Order:
What county does s/he live in? Who do you want protection from? Name: ___________________________________________ County of Residence:__________________________
Name:
County of Residence:
Your name here Applicant:___________________________________________ Children: ___________________________________________ Names of children you want ___________________________________________ to be protected by this order
Other Adults:
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__________________________________ County where person lives each __________________________________ __________________________________
___________________________________________
__________________________________
___________________________________________ Names of other adults needing protection ___________________________________________
__________________________________ __________________________________
Temporary Orders — To prevent family violence, the Court orders the Respondent to obey all orders marked
✔
with a check.
The Respondent (person named in 1) must: The Court fills out the rest a. Not commit an act against any person named in 2 above that is intended to result in physical harm, bodily of this form. The judge may ask injury, assault, or sexual assault or that is a threat that reasonably places those people in fear of imminent you questions before physical harm, bodily injury, assault, or sexual assault. making the orders b. Not communicate in a threatening or harassing manner with any person named in 2 above. c. Not communicate a threat through any person to any person named in 2 above.
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Temporary Ex Parte Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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d. Not communicate or attempt to communicate in any manner with: (Check all that apply) Applicant Children Other Adults named in 2 above. The Respondent may communicate through: ____________________________________________________ or other person the Court appoints. Good cause exists for prohibiting the Respondent’s direct communications. e. Not go within 200 yards of the: (Check all that apply) Applicant Children Other Adults named in 2 above. (except to go to court hearings) f. Not go within 200 yards of the Residence, workplace or school of the: (Check all that apply) Applicant Other Adults named in 2 above. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The Clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Applicant’s Residence: __________________________________________________________________ Applicant’s Workplace/School: ____________________________________________________________ Other: _______________________________________________________________________________
✔
g. Not possess a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. h. Not go within 200 yards of the Children’s Residence, child-care facility, or school. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The Clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Children’s Residence: ____________________________________________________________________ Children’s Child-care/School: ______________________________________________________________ Other: ________________________________________________________________________________ i. Not stalk, follow or engage in conduct directed specifically toward the Applicant, Children, or Other Adults named in 2 above that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them. j. Not remove the Children from their school, child-care facility, or the Applicant’s possession. k. Not remove the Children from the jurisdiction of the Court. l. Not harm, or interfere with the care, custody, or control of the following pet, companion animal, or assistance animal: ________________________________________________________________ (describe the animal). m. Not interfere with the Applicant’s use of the Residence located at: ___________________________________ _____________________________________________________, including, but not limited to, disconnecting utilities or telephone service or causing such services to be disconnected. n. Not interfere with the Applicant’s use and possession of the following property: ________________________________________________________________________________________ ________________________________________________________________________________________ o. Not damage, transfer, encumber, or otherwise dispose of any property jointly owned or leased by the Applicant and Respondent, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly by the parties (whether so titled or not).
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Temporary Ex Parte Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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4 Order: Vacate Residence Immediately The Court finds that the Residence located at: (Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession. The Court further finds that the Applicant currently resides at the Residence, or has resided there within 30 days prior to the filing of the Application for Protective Order in this case, and that the Respondent has committed family violence against a member of the household within 30 days prior to the filing of the Application for Protective Order in this case. There is a clear and present danger that the Respondent is likely to commit family violence against a member of the household. The Respondent is therefore ORDERED to vacate the Residence on or before: _____ a.m. p.m. on: _________(date) and to remain at least 200 yards away from the Residence until further order of the Court. The Applicant shall have exclusive use and possession of the Residence until further order of the Court. IT IS FURTHER ORDERED that the sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the Residence, and to provide protection while the Applicant takes possession of the Residence, and if the Respondent refuses to vacate the Residence, provide protection while the Applicant takes possession of the Applicant’s necessary personal property.
5
Go to the Court Hearing IT IS FURTHER ORDERED that notice issue to the Respondent to appear, and the Respondent is ORDERED to appear in person before this Court at the time and place indicated on page 1 of this form. The purpose of this hearing is to determine whether the Court should issue the Protective Orders and other relief requested in the Application for Protective Order filed in this case.
6
Duration of Order: This Order is effective immediately and shall continue in full force and effect until twenty (20) days from the date it is signed, or further order of the Court.
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Warning: A person who violates this order may be punished for contempt of court by a fine of as much as $500 or by confinement in jail for as long as six months, or both. No person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this Order. During the time in which this Order is valid, every provision of this Order is in full force and effect unless a court changes the Order. It is unlawful for any person, other than a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to a Protective Order to possess a firearm or ammunition. A violation of this Order by commission of an act prohibited by the Order may be punishable by a fine of as much as $4,000 or by confinement in jail for as long as one year, or both. An act that results in family violence may be prosecuted as a separate misdemeanor or felony offense. If the act is prosecuted as a separate felony offense, it is punishable by confinement in prison for at least two years.
This Ex Parte Order signed on (date): _____________________ Time:____________ a.m. p.m.
4
Judge Presiding: _____________________________________________________________________ This is a Court Order. No one – except the Court – can change this Order.
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Temporary Ex Parte Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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Cause No.: ______________________________ Applicant: ______________________________________
§
In the ____________________________ Court
§ §
v.
of
§ § Respondent: ____________________________________
§
__________________________ County, Texas
Temporary Ex Parte Protective Order Go to the court hearing on: Date: _________________________ Time:________ a.m. p.m. Court Address: ________________________________________________________________________________ Findings: The Court finds from the sworn Affidavit or Declaration attached to the Application for Protective Order filed in this case that there is a clear and present danger that the Respondent named below will commit acts of family violence that will cause the Applicant, Children and/or Other Adults named below immediate and irreparable injury, loss and damage, for which there is no adequate remedy at law. The Court, therefore, enters this Temporary Ex Parte Protective Order without further notice to the Respondent or hearing. No bond is required.
1
Respondent: The person named below must follow all Orders marked with a check. Name: ___________________________________________ County of Residence:__________________________
2
Protected People: The following people are protected by the terms of this PROTECTIVE ORDER: Name: Applicant:___________________________________________
__________________________________
Children: ___________________________________________
__________________________________
___________________________________________
__________________________________
___________________________________________
__________________________________
___________________________________________
__________________________________
___________________________________________
__________________________________
Other Adults:
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County of Residence:
Temporary Orders — To prevent family violence, the Court orders the Respondent to obey all orders marked
✔
with a check.
The Respondent (person named in 1) must: a. Not commit an act against any person named in 2 above that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places those people in fear of imminent physical harm, bodily injury, assault, or sexual assault. b. Not communicate in a threatening or harassing manner with any person named in 2 above. c. Not communicate a threat through any person to any person named in 2 above.
Temporary Ex Parte Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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d. Not communicate or attempt to communicate in any manner with: (Check all that apply) Applicant Children Other Adults named in 2 above. The Respondent may communicate through: ____________________________________________________ or other person the Court appoints. Good cause exists for prohibiting the Respondent’s direct communications. e. Not go within 200 yards of the: (Check all that apply) Applicant Children Other Adults named in 2 above. (except to go to court hearings) f. Not go within 200 yards of the Residence, workplace or school of the: (Check all that apply) Applicant Other Adults named in 2 above. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The Clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Applicant’s Residence: __________________________________________________________________ Applicant’s Workplace/School: ____________________________________________________________ Other: _______________________________________________________________________________
✔
g. Not possess a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. h. Not go within 200 yards of the Children’s Residence, child-care facility, or school. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The Clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Children’s Residence: ____________________________________________________________________ Children’s Child-care/School: ______________________________________________________________ Other: ________________________________________________________________________________ i. Not stalk, follow or engage in conduct directed specifically toward the Applicant, Children, or Other Adults named in 2 above that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them. j. Not remove the Children from their school, child-care facility, or the Applicant’s possession. k. Not remove the Children from the jurisdiction of the Court. l. Not harm, or interfere with the care, custody, or control of the following pet, companion animal, or assistance animal: ________________________________________________________________ (describe the animal). m. Not interfere with the Applicant’s use of the Residence located at: ___________________________________ _____________________________________________________, including, but not limited to, disconnecting utilities or telephone service or causing such services to be disconnected. n. Not interfere with the Applicant’s use and possession of the following property: ________________________________________________________________________________________ ________________________________________________________________________________________ o. Not damage, transfer, encumber, or otherwise dispose of any property jointly owned or leased by the Applicant and Respondent, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly by the parties (whether so titled or not).
Temporary Ex Parte Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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4 Order: Vacate Residence Immediately The Court finds that the Residence located at: (Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession. The Court further finds that the Applicant currently resides at the Residence, or has resided there within 30 days prior to the filing of the Application for Protective Order in this case, and that the Respondent has committed family violence against a member of the household within 30 days prior to the filing of the Application for Protective Order in this case. There is a clear and present danger that the Respondent is likely to commit family violence against a member of the household. The Respondent is therefore ORDERED to vacate the Residence on or before:_____ a.m. p.m. on: _________(date) and to remain at least 200 yards away from the Residence until further order of the Court. The Applicant shall have exclusive use and possession of the Residence until further order of the Court. IT IS FURTHER ORDERED that the sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the Residence, and to provide protection while the Applicant takes possession of the Residence, and if the Respondent refuses to vacate the Residence, provide protection while the Applicant takes possession of the Applicant’s necessary personal property.
5
Go to the Court Hearing IT IS FURTHER ORDERED that notice issue to the Respondent to appear, and the Respondent is ORDERED to appear in person before this Court at the time and place indicated on page 1 of this form. The purpose of this hearing is to determine whether the Court should issue the Protective Orders and other relief requested in the Application for Protective Order filed in this case.
6
Duration of Order: This Order is effective immediately and shall continue in full force and effect until twenty (20) days from the date it is signed, or further order of the Court.
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Warning: A person who violates this order may be punished for contempt of court by a fine of as much as $500 or by confinement in jail for as long as six months, or both. No person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this Order. During the time in which this Order is valid, every provision of this Order is in full force and effect unless a court changes the Order. It is unlawful for any person, other than a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to a Protective Order to possess a firearm or ammunition. A violation of this Order by commission of an act prohibited by the Order may be punishable by a fine of as much as $4,000 or by confinement in jail for as long as one year, or both. An act that results in family violence may be prosecuted as a separate misdemeanor or felony offense. If the act is prosecuted as a separate felony offense, it is punishable by confinement in prison for at least two years.
This Ex Parte Order signed on (date): _____________________ Time:____________ a.m. p.m.
4
Judge Presiding: _____________________________________________________________________ This is a Court Order. No one – except the Court – can change this Order.
Temporary Ex Parte Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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IN THE_________________________________COURT _______________________________ COUNTY, TEXAS
Protective Order
Cause No. ____________________________________ Judge: _______________________________________
Applicant/Petitioner
Applicant/Petitioner Identifiers
Your name here ______________________________________________ First Middle Last
Date of Birth of Applicant: _______________________
And/or on behalf of minor family member(s): (list name and DOB):
Other Protected Persons/DOB:
______________________________________________ Names of children ______________________________________________ needing protection ______________________________________________
____________________________________________ Names of other adults ____________________________________________ needing protection ____________________________________________
VS.
Respondent Identifiers
Respondent Name of person you SEX ___________________________________________________ want protection from First Middle Last EYES
RACE HAIR
DOB
HT
WT
Fill out information SOCIAL SECURITY NO. (Last 3 #) describing the person you ________ ________ from ________ want protection
Relationship to Petitioner: _______________________________ ___________________________________________________ DRIVERS LICENSE NO. STATE EXP DATE Respondent’s Address ___________________________________________________ ________________________ ___________________________________________________ Distinguishing Features: _______________________ tattoos, piercings, For example: ___________________________________________ scars, facial hair
A Court hearing was held on: Date: ______________ Time:__________ a.m. p.m. Write the actual date and the hearingnotice ofreasonable time That it has jurisdiction over the parties and subject matter, and the Respondent has been provided with
THE COURT HEREBY FINDS:
and opportunity to be heard. [ ] Additional findings of this order are as set forth below.
✔
THE COURT HEREBY ORDERS: [ ] [ ] [ ]
✔
That the above named Respondent be prohibited from committing further acts of abuse or threats of abuse. That the above named Respondent be prohibited from any contact with the Applicant/Petitioner. Additional terms of this order as set forth below.
The terms of this Order shall be effective until _________________________, 20__________________, or as otherwise provided for in Section 14 Duration located on page 6 of this Order. WARNINGS TO RESPONDENT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U. S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265). Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18 U.S.C. Section 2262). Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or ammunition (18 U.S.C. Section 922(g)(8)). Only the Court can change this order.
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Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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Findings: All legal requirements have been met, and the Court has jurisdiction over the parties and this case. This Order is in the best interests of the Protected Person(s) and is necessary to prevent future family violence. The Applicant and Respondent are spouses, former spouses, parents of the same child, live-in partners, or former live-in partners, and are thus “intimate partners” as defined by 18 U.S.C. § 921(a)(32); or the applicant is dating or married to a person who was married to or dating the Respondent. The parties have agreed to the terms of this Protective Order. Statutory grounds for the Protective Order have been established. (Check one or both): The Respondent has committed family violence against the Applicant or Children named below and is likely to commit family violence in the future. The Respondent has violated a prior Protective Order that expired or will expire within 30 days.
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Appearances: (Check any that apply): Applicant Respondent Appeared in person and announced ready. Appeared in person and by attorney, __________________________, and announced ready. Appeared by signature below evidencing agreement to the entry of this Protective Order. Although duly cited, did not appear and wholly made default.
2
Protected People: The following people are protected by the terms of this Protective Order: Name:
County of Residence:
Your name here Applicant:___________________________________________ Children: ___________________________________________ Names of children protection needing ___________________________________________
Other Adults:
3
__________________________________ County where each person lives __________________________________ __________________________________
___________________________________________
__________________________________
___________________________________________ Names of other adults needing protection
__________________________________
___________________________________________
__________________________________
A Record of Testimony (Check one): was made by: _____________________________________________ was waived by the parties.
4
Protective Orders — To prevent family violence, the Court orders the Respondent to obey all Orders marked with
✔
a check. The Respondent must: a. Not commit an act against any person named in 2 above that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places those people in fear of imminent physical harm, bodily injury, assault, or sexual assault. b. Not communicate in a threatening or harassing manner with any person named in 2 above. c. Not communicate a threat through any person to anyone named in 2 above. d. Not communicate or attempt to communicate in any manner with: (Check all that apply) Applicant Children Other Adults named in 2 above. (except through: ______________________) Good cause exists for prohibiting the Respondent’s direct communications.
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Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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e. Not go within 200 yards of the: (Check all that apply) Applicant Children Other Adults named in 2 above. (Except to go to court hearings or to exchange Children as authorized by a court order) f. Not go within 200 yards of the Residence, workplace or school of the: (Check all that apply) Applicant Other Adults named in 2 above. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Applicant’s Residence: __________________________________________________________________ Applicant’s Workplace/School: ____________________________________________________________ Other: _______________________________________________________________________________ g. Not go within 200 yards of the Children’s Residence, child-care facility, or school, except as authorized by a court order. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Children’s Residence: ___________________________________________________________________ Children’s Child-care/School: _____________________________________________________________ Other: _______________________________________________________________________________ h. Not stalk, follow or engage in conduct directed specifically to any person named in 2 above that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them. i. Not harm, threaten, or interfere with the care, custody or control of the following pet, companion animal or assistance animal: ______________________________________________________ (describe the animal). j. Not possess a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. Any license to carry a concealed handgun issued to the Respondent is hereby SUSPENDED.
✔
5
Family Violence Prevention Program The Respondent is ordered to enroll in, pay costs for, and enter the program checked below no later than _____ / _____ / _____, and to complete the program by _____ / _____/ _____. (Check one): The local Battering Intervention and Prevention Program that meets the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice: ________________________________________________________________________________________ Or if no such Battering Intervention and Prevention Program is available, then: A counseling program recommended and conducted by the following social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor: ________________________________________________________________________________________ The Respondent is ordered to comply with any recommendation or referral for additional or alternate counseling within seven (7) days of the recommendation, and ordered to complete any additional or alternate program recommended. The Respondent is ordered to sign a waiver for release of information upon enrollment so that participation in the program may be monitored by the Applicant and/or the Court. The Respondent must also follow these provisions to prevent family violence: __________________________________________________________________________________________ __________________________________________________________________________________________
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Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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Property Orders The Court finds that the Residence located at: _____________________________________________________ (Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession. IT IS ORDERED that the Applicant shall have exclusive use of the Residence identified above, and the Respondent must vacate the Residence no later than: ______________ a.m. p.m. on: ____________________ (date). IT IS FURTHER ORDERED that the sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to be excluded from the Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove the Respondent from the Residence and arrest the Respondent for violating the Court’s Order.
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Other Property Orders The Court finds that the Applicant and Respondent jointly own or lease the following Additional Property, and awards the Applicant the exclusive use of: __________________________________________________________________________________________ __________________________________________________________________________________________ The Respondent must not damage, transfer, encumber, or otherwise dispose of the Additional Property identified above or any other property jointly owned or leased by the parties, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly by the parties (whether so titled or not).
8
Spousal Support Order IT IS ORDERED that the Respondent pay the Applicant support in the amount of $_______ per month, with the first payment due and payable on _____ / _____/ _____ and a like payment due and payable on the ______ day of each following month until further Order of this Court. IT IS ORDERED that all payments be sent to the Applicant at the address listed below and postmarked on or before the due date for each payment: __________________________________________________________________________________________
9
Orders Related to Removal, Possession and Support of Children The Court finds that the Respondent is a parent of the Children. The Protective Order below is in the best interests of the Applicant, Children, and/or Other Adults named in 2 above. Removal — Check one or both: The Respondent must: Not remove the Children from the Applicant’s possession or from their child-care facility or school, except as specifically authorized in a possession schedule ordered by the Court. Not remove the Children from the jurisdiction of the Court. Possession — Check one: The Applicant is granted exclusive possession of the Children, and the Respondent shall have no possession or access to the Children, unless and until further Orders are entered by the Court. This Order supersedes any previous order granting the Respondent possession or access to the Children. The Applicant is granted primary possession of the Children, and the Respondent may have possession of the Children pursuant to the possession schedule attached to this Protective Order as Exhibit A, subject to the terms and conditions stated herein as necessary for the safety of the Applicant and the Children. The possession
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Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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schedule hereby ordered supersedes any previous order granting the Respondent possession and access to the Children. The possession schedule previously entered on _____ / _____/ _____, in cause number ________________, styled __________________________________________, shall continue to govern the Respondent’s possession and access to the Children, except that no exchanges of the Children shall occur at a prohibited location described in this Protective Order. Child Support — Nothing in this Protective Order shall be construed as relieving the Respondent of any past or future obligation to pay child support as previously ordered. — Check one: The Respondent is ordered to pay child support to the Applicant in the amount of $__________ per month, with the first such payment due and payable on _____ / _____/ _____, and a like payment due and payable on the ________ day of each month thereafter for the term of this Protective Order or until further Order of the Court, whichever occurs first. The Respondent is ordered to make all child support payments payable to the Applicant, and must mail all payments to: Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791 That agency will send the payment to the Applicant for the support of the Children. The Respondent must keep the child support registry informed of the Respondent’s Residence and work addresses. On this date, the Court signed an Income Withholding Order, ordering the employer and any subsequent employer of the Respondent to withhold court-ordered child support from the Respondent’s earnings. The existence of the Order for withholding from earnings for child support does not excuse the Respondent from personally making any child support payment herein, except to the extent the Respondent’s employer actually makes the payment on behalf of the Respondent. The Child Support Order previously entered on _____ / _____/ _____, in cause number ________________, styled __________________________________________, shall continue to govern the Respondent’s child support obligations with respect to the Children.
10 Fees and Costs Within 60 days after this Order is signed, the Respondent must pay the Total Fees and Costs as follows: Total to be paid: $__________________ (This includes fees for service: $ _________________ + all other Court fees and costs: $ ________________) Address where Respondent must pay the Clerk of the Court with cash, cashier’s check, or money order: ___________________________________________________________________________________________
11 Attorney’s Fees Within 60 days after this Order is signed, the Respondent must pay the attorney who helped enter this Protective Order the Attorney Fees listed below. Pay with cash, cashier’s check, or money order. Attorney Fees awarded by the Court: $ _______________________________________ Attorney’s name: ______________________________________________________________________________ Attorney’s address: ____________________________________________________________________________
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Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
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Attorney (name) ___________________________________________ shall have and recover judgment against the Respondent (name) _____________________________________________ for $ _____________, such judgment bearing interest at _________ percent per annum compounded annually from the date this judgment and Order is signed until paid, for which let execution issue if it is not paid.
12
Service This Protective Order (Check all that apply):
13
Was served on the Respondent in open court. Shall be personally served on the Respondent. Shall be mailed by the Clerk of the Court to the Respondent’s last known address.
Shall be delivered to the Respondent by certified mail, return receipt requested, or by fax, to the Respondent’s last known address or fax number, or in any other manner allowed by Tex. R. Civ. P. 21a.
Copies Forwarded The Clerk is ORDERED to forward copies of this Protective Order and accompanying Respondent Information Form to (Check all that apply): Sheriff and Constable of __________________________________ County, Texas. Police Chief of the City of __________________________________. Children’s child-care facility/schools listed above. The staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation to which Respondent is assigned. Any law enforcement agency receiving a copy of this Protective Order MUST, within 10 days, enter all required information into the Department of Public Safety’s statewide law enforcement information system.
14
Duration of Order This Protective Order is in full force and effect until: __________________________ (this date must be no more than two years from the date this Order is signed.) _________________ (duration) This date is more than two years from the date this Protective Order is signed. The Court finds that the Respondent caused serious bodily injury to the Applicant or a member of Applicant’s family or household; or The Respondent was the subject of two or more previous Protective Orders protecting the Applicant and both of those Protective Orders contained findings that Respondent has committed family violence and the Respondent is likely to commit family violence in the future. If Respondent is confined or imprisoned on the date this Protective Order is scheduled to expire, the Protective Order will expire one year after the date of the Respondent’s release.
WARNING: A person who violates this Order may be punished for contempt of court by a fine of as much as $500 or by confinement in jail for as long as six months, or both. No person, including a person who is protected by this Order, may give permission to anyone to ignore or violate any provision of this Order. During the time in which this Order is valid, every provision of this Order is in full force and effect unless a court changes the Order.
Sample Only — Do Not File
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 6 of 7
It is unlawful for any person, other than a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to a Protective Order to possess a firearm or ammunition. A violation of this Order by commission of an act prohibited by the Order may be punishable by a fine of as much as $4,000 or by confinement in jail for as long as one year, or both. An act that results in family violence may be prosecuted as a separate misdemeanor or felony offense. If the act is prosecuted as a separate felony offense, it is punishable by confinement in prison for at least two years. Possession of a firearm or ammunition while this Protective Order is in effect may subject respondent to federal criminal penalties. It is unlawful for any person who is subject to a Protective Order to knowingly purchase, rent, lease, or receive as a loan or gift from another, a handgun for the duration of this Order. Interstate violation of this Protective Order may subject the Respondent to federal criminal penalties. This Protective Order is enforceable in all fifty states, the District of Columbia, tribal lands, and U.S. territories. This Protective Order signed on (date): _____________________ Time:___________ a.m. p.m.
4
Judge Presiding: ___________________________________________________________________________
This is a Court Order. No one – except the Court – can change this Order. Agreed Order By their signatures below, the Applicant and Respondent agree to the entry of the foregoing Protective Order and approve all terms stated in the Order: ______________________________________________ Applicant
____________________________________________ Respondent
Receipt Acknowledged – The Respondent hereby acknowledges receipt of a copy of this Protective Order. _________________________________________________ Respondent
Sample Only — Do Not File
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 7 of 7
IN THE_________________________________COURT _______________________________ COUNTY, TEXAS
Protective Order
Cause No. ____________________________________ Judge: _______________________________________
Applicant/Petitioner
Applicant/Petitioner Identifiers
______________________________________________ First Middle Last
Date of Birth of Applicant: _______________________
And/or on behalf of minor family member(s): (list name and DOB):
Other Protected Persons/DOB:
______________________________________________ ______________________________________________ ______________________________________________
____________________________________________ ____________________________________________ ____________________________________________
VS.
Respondent Identifiers
Respondent ___________________________________________________ First Middle Last
SEX
RACE
DOB
HT
WT
EYES
HAIR
SOCIAL SECURITY NO. (Last 3 #)
________ ________ ________ Relationship to Petitioner: _______________________________ ___________________________________________________ DRIVERS LICENSE NO. STATE EXP DATE Respondent’s Address ___________________________________________________ ________________________ ___________________________________________________ Distinguishing Features: _______________________ ___________________________________________
A Court hearing was held on: Date: ______________ Time:__________ a.m. p.m. THE COURT HEREBY FINDS: That it has jurisdiction over the parties and subject matter, and the Respondent has been provided with reasonable notice and opportunity to be heard. [ ] Additional findings of this order are as set forth below.
✔
THE COURT HEREBY ORDERS: [ ] [ ] [ ]
✔
That the above named Respondent be prohibited from committing further acts of abuse or threats of abuse. That the above named Respondent be prohibited from any contact with the Applicant/Petitioner. Additional terms of this order as set forth below.
The terms of this Order shall be effective until _________________________, 20__________________, or as otherwise provided for in Section 14 Duration located on page 6 of this Order. WARNINGS TO RESPONDENT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U. S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265). Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18 U.S.C. Section 2262). Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or ammunition (18 U.S.C. Section 922(g)(8)). Only the Court can change this order.
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 1 of 7
Findings: All legal requirements have been met, and the Court has jurisdiction over the parties and this case. This Order is in the best interests of the Protected Person(s) and is necessary to prevent future family violence. The Applicant and Respondent are spouses, former spouses, parents of the same child, live-in partners, or former live-in partners, and are thus “intimate partners” as defined by 18 U.S.C. § 921(a)(32); or the applicant is dating or married to a person who was married to or dating the Respondent. The parties have agreed to the terms of this Protective Order. Statutory grounds for the Protective Order have been established. (Check one or both): The Respondent has committed family violence against the Applicant or Children named below and is likely to commit family violence in the future. The Respondent has violated a prior Protective Order that expired or will expire within 30 days.
1
Appearances: (Check any that apply): Applicant Respondent Appeared in person and announced ready. Appeared in person and by attorney, __________________________, and announced ready. Appeared by signature below evidencing agreement to the entry of this Protective Order. Although duly cited, did not appear and wholly made default.
2
Protected People: The following people are protected by the terms of this Protective Order: Name: Applicant:___________________________________________
__________________________________
Children: ___________________________________________
__________________________________
___________________________________________
__________________________________
___________________________________________
__________________________________
___________________________________________
__________________________________
___________________________________________
__________________________________
Other Adults:
3
County of Residence:
A Record of Testimony (Check one): was made by: _____________________________________________ was waived by the parties.
4
Protective Orders — To prevent family violence, the Court orders the Respondent to obey all Orders marked with
✔
a check. The Respondent must: a. Not commit an act against any person named in 2 above that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places those people in fear of imminent physical harm, bodily injury, assault, or sexual assault. b. Not communicate in a threatening or harassing manner with any person named in 2 above. c. Not communicate a threat through any person to anyone named in 2 above. d. Not communicate or attempt to communicate in any manner with: (Check all that apply) Applicant Children Other Adults named in 2 above. (except through: ______________________) Good cause exists for prohibiting the Respondent’s direct communications.
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 2 of 7
e. Not go within 200 yards of the: (Check all that apply) Applicant Children Other Adults named in 2 above. (Except to go to court hearings or to exchange Children as authorized by a court order) f. Not go within 200 yards of the Residence, workplace or school of the: (Check all that apply) Applicant Other Adults named in 2 above. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Applicant’s Residence: __________________________________________________________________ Applicant’s Workplace/School: ____________________________________________________________ Other: _______________________________________________________________________________ g. Not go within 200 yards of the Children’s Residence, child-care facility, or school, except as authorized by a court order. The addresses of the prohibited locations are: (Check all that apply) Deemed confidential. The clerk is ordered to strike the information from all public court records and maintain a confidential record of the information for Court use only. Disclosed as follows: Children’s Residence: ___________________________________________________________________ Children’s Child-care/School: _____________________________________________________________ Other: _______________________________________________________________________________ h. Not stalk, follow or engage in conduct directed specifically to any person named in 2 above that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them. i. Not harm, threaten, or interfere with the care, custody or control of the following pet, companion animal or assistance animal: ______________________________________________________ (describe the animal). j. Not possess a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. Any license to carry a concealed handgun issued to the Respondent is hereby SUSPENDED.
✔
5
Family Violence Prevention Program The Respondent is ordered to enroll in, pay costs for, and enter the program checked below no later than _____ / _____ / _____, and to complete the program by _____ / _____/ _____. (Check one): The local Battering Intervention and Prevention Program that meets the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice: ________________________________________________________________________________________ Or if no such Battering Intervention and Prevention Program is available, then: A counseling program recommended and conducted by the following social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor: ________________________________________________________________________________________ The Respondent is ordered to comply with any recommendation or referral for additional or alternate counseling within seven (7) days of the recommendation, and ordered to complete any additional or alternate program recommended. The Respondent is ordered to sign a waiver for release of information upon enrollment so that participation in the program may be monitored by the Applicant and/or the Court. The Respondent must also follow these provisions to prevent family violence: __________________________________________________________________________________________ __________________________________________________________________________________________
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 3 of 7
6
Property Orders The Court finds that the Residence located at: _____________________________________________________ (Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession. IT IS ORDERED that the Applicant shall have exclusive use of the Residence identified above, and the Respondent must vacate the Residence no later than: ______________ a.m. p.m. on: ____________________ (date). IT IS FURTHER ORDERED that the sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to be excluded from the Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent removes any necessary personal property, and, if the Respondent refuses to vacate the Residence, to remove the Respondent from the Residence and arrest the Respondent for violating the Court’s Order.
7
Other Property Orders The Court finds that the Applicant and Respondent jointly own or lease the following Additional Property, and awards the Applicant the exclusive use of: __________________________________________________________________________________________ __________________________________________________________________________________________ The Respondent must not damage, transfer, encumber, or otherwise dispose of the Additional Property identified above or any other property jointly owned or leased by the parties, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly by the parties (whether so titled or not).
8
Spousal Support Order IT IS ORDERED that the Respondent pay the Applicant support in the amount of $_______ per month, with the first payment due and payable on _____ / _____/ _____ and a like payment due and payable on the ______ day of each following month until further Order of this Court. IT IS ORDERED that all payments be sent to the Applicant at the address listed below and postmarked on or before the due date for each payment: __________________________________________________________________________________________
9
Orders Related to Removal, Possession and Support of Children The Court finds that the Respondent is a parent of the Children. The Protective Order below is in the best interests of the Applicant, Children, and/or Other Adults named in 2 above. Removal — Check one or both: The Respondent must: Not remove the Children from the Applicant’s possession or from their child-care facility or school, except as specifically authorized in a possession schedule ordered by the Court. Not remove the Children from the jurisdiction of the Court. Possession — Check one: The Applicant is granted exclusive possession of the Children, and the Respondent shall have no possession or access to the Children, unless and until further Orders are entered by the Court. This Order supersedes any previous order granting the Respondent possession or access to the Children. The Applicant is granted primary possession of the Children, and the Respondent may have possession of the Children pursuant to the possession schedule attached to this Protective Order as Exhibit A, subject to the terms and conditions stated herein as necessary for the safety of the Applicant and the Children. The possession
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 4 of 7
schedule hereby ordered supersedes any previous order granting the Respondent possession and access to the Children. The possession schedule previously entered on _____ / _____/ _____, in cause number ________________, styled __________________________________________, shall continue to govern the Respondent’s possession and access to the Children, except that no exchanges of the Children shall occur at a prohibited location described in this Protective Order. Child Support — Nothing in this Protective Order shall be construed as relieving the Respondent of any past or future obligation to pay child support as previously ordered. — Check one: The Respondent is ordered to pay child support to the Applicant in the amount of $__________ per month, with the first such payment due and payable on _____ / _____/ _____, and a like payment due and payable on the ________ day of each month thereafter for the term of this Protective Order or until further Order of the Court, whichever occurs first. The Respondent is ordered to make all child support payments payable to the Applicant, and must mail all payments to: Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791 That agency will send the payment to the Applicant for the support of the Children. The Respondent must keep the child support registry informed of the Respondent’s Residence and work addresses. On this date, the Court signed an Income Withholding Order, ordering the employer and any subsequent employer of the Respondent to withhold court-ordered child support from the Respondent’s earnings. The existence of the Order for withholding from earnings for child support does not excuse the Respondent from personally making any child support payment herein, except to the extent the Respondent’s employer actually makes the payment on behalf of the Respondent. The Child Support Order previously entered on _____ / _____/ _____, in cause number ________________, styled __________________________________________, shall continue to govern the Respondent’s child support obligations with respect to the Children.
10 Fees and Costs Within 60 days after this Order is signed, the Respondent must pay the Total Fees and Costs as follows: Total to be paid: $__________________ (This includes fees for service: $ _________________ + all other Court fees and costs: $ ________________) Address where Respondent must pay the Clerk of the Court with cash, cashier’s check, or money order: ___________________________________________________________________________________________
11 Attorney’s Fees Within 60 days after this Order is signed, the Respondent must pay the attorney who helped enter this Protective Order the Attorney Fees listed below. Pay with cash, cashier’s check, or money order. Attorney Fees awarded by the Court: $ _______________________________________ Attorney’s name: ______________________________________________________________________________ Attorney’s address: ____________________________________________________________________________
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 5 of 7
Attorney (name) ___________________________________________ shall have and recover judgment against the Respondent (name) _____________________________________________ for $ _____________, such judgment bearing interest at _________ percent per annum compounded annually from the date this judgment and Order is signed until paid, for which let execution issue if it is not paid.
12
Service This Protective Order (Check all that apply):
13
Was served on the Respondent in open court. Shall be personally served on the Respondent. Shall be mailed by the Clerk of the Court to the Respondent’s last known address.
Shall be delivered to the Respondent by certified mail, return receipt requested, or by fax, to the Respondent’s last known address or fax number, or in any other manner allowed by Tex. R. Civ. P. 21a.
Copies Forwarded The Clerk is ORDERED to forward copies of this Protective Order and accompanying Respondent Information Form to (Check all that apply): Sheriff and Constable of __________________________________ County, Texas. Police Chief of the City of __________________________________. Children’s child-care facility/schools listed above. The staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation to which Respondent is assigned. Any law enforcement agency receiving a copy of this Protective Order MUST, within 10 days, enter all required information into the Department of Public Safety’s statewide law enforcement information system.
14
Duration of Order This Protective Order is in full force and effect until: __________________________ (this date must be no more than two years from the date this Order is signed.) _________________ (duration) This date is more than two years from the date this Protective Order is signed. The Court finds that the Respondent caused serious bodily injury to the Applicant or a member of Applicant’s family or household; or The Respondent was the subject of two or more previous Protective Orders protecting the Applicant and both of those Protective Orders contained findings that Respondent has committed family violence and the Respondent is likely to commit family violence in the future. If Respondent is confined or imprisoned on the date this Protective Order is scheduled to expire, the Protective Order will expire one year after the date of the Respondent’s release.
WARNING: A person who violates this Order may be punished for contempt of court by a fine of as much as $500 or by confinement in jail for as long as six months, or both. No person, including a person who is protected by this Order, may give permission to anyone to ignore or violate any provision of this Order. During the time in which this Order is valid, every provision of this Order is in full force and effect unless a court changes the Order.
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 6 of 7
It is unlawful for any person, other than a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to a Protective Order to possess a firearm or ammunition. A violation of this Order by commission of an act prohibited by the Order may be punishable by a fine of as much as $4,000 or by confinement in jail for as long as one year, or both. An act that results in family violence may be prosecuted as a separate misdemeanor or felony offense. If the act is prosecuted as a separate felony offense, it is punishable by confinement in prison for at least two years. Possession of a firearm or ammunition while this Protective Order is in effect may subject respondent to federal criminal penalties. It is unlawful for any person who is subject to a Protective Order to knowingly purchase, rent, lease, or receive as a loan or gift from another, a handgun for the duration of this Order. Interstate violation of this Protective Order may subject the Respondent to federal criminal penalties. This Protective Order is enforceable in all fifty states, the District of Columbia, tribal lands, and U.S. territories. This Protective Order signed on (date): _____________________ Time:___________ a.m. p.m.
4
Judge Presiding: ___________________________________________________________________________
This is a Court Order. No one – except the Court – can change this Order. Agreed Order By their signatures below, the Applicant and Respondent agree to the entry of the foregoing Protective Order and approve all terms stated in the Order: ______________________________________________ Applicant
____________________________________________ Respondent
Receipt Acknowledged – The Respondent hereby acknowledges receipt of a copy of this Protective Order. _________________________________________________ Respondent
Protective Order Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 12-9078 (May 8, 2012)
Page 7 of 7
Respondent Information for Protective Orders If the Court grants you a Protective Order, then fill out this form and file it with the clerk. Unless otherwise noted, fill in information below for the Respondent. If you do not know the information requested, leave that section blank. Please try to provide, at a minimum, the Respondent’s name, date of birth, sex, height, weight, eye color, hair color, and race. Law enforcement needs this information to serve (give) the Respondent with the Protective Order and enter the Respondent’s information into the statewide law enforcement database. If the Court does not grant you a Protective Order, then do not fill out this form. Respondent’s Name: ______________________________________________________________________________ Alias (Nickname): __________________________________________________________________________________ Respondent’s Relationship to Applicant: _____________________________________________________________ Respondent’s Address: ________________________________ City: ___________________State: ________Zip: _____ County: ___________________ Email Address: ________________ Date of Birth: _______ Place of Birth: _________ SSN (last 3#) # ___ ___ ___ Identification Number/State: _________________ /______ Expiration Date: ___________ Driver’s License Number/State: _________________________________ /________ Expiration Date: _______________ Other Identification Number: __________________________________________________________________________ Respondent
is is not on active duty with the military
Sex: M F
Height: ____ ft ____ in
Weight: ________ lbs
Race
Eye color
Hair color
Skin
American Indian or
Black (BLK)
Black (BLK)
Albino (ALB)
Alaskan Native (I)
Blue (BLU)
Blond or Strawberry
Black (BLK)
Asian Pacific Islander (A)
Brown (BRO)
Black (B)
Gray (GRY)
Brown (BRO)
Dark Brown (DBR)
White (W)
Green (GRN)
Gray or partially gray
Fair (FAR)
Unknown (All other
Hazel (HAZ)
Dark (DRK)
(BLN)
Light (LGT)
(GRY)
Maroon (MAR)
Red or Auburn (RED)
Light Brown (LBR)
Other: _________________
Pink (PNK)
White (WHI)
Medium (MED)
______________________
Multicolored (MUL)
Sandy (SDY)
Medium Brown (MBR)
Unknown (XXX)
Completely Bald or
Olive (OLV)
non-whites) (U)
Ethnicity
Other _________________
Unknown (xxx)
Ruddy (RUD)
Hispanic (H)
______________________
Other (style/length):
Sallow (SAL)
Non-Hispanic (N)
______________________
Yellow (YEL)
Unknown (U)
______________________
Unknown (XXX) Other _________________
Other Identifying Information (Check all that apply to the Respondent and describe) Glasses______________________
Tattoos ______________________
Drug/Alcohol Use ______________
Beard ______________________
Scars
______________________
Weapons ____________________
Moustache __________________
Markings ____________________
Other________________________
Missing front teeth
____________
Piercings ____________________
Other________________________
Bald ________________________
Mental Health Condition ________
Respondent’s Vehicle Information: Vehicle ID # (VIN): ____________________ Year: ____ Make: ______ Model: ________ Color: _____________ License Plate #: _________________ State:______ License Plate Year of Expiration: __________ Respondent’s Employment Information (name of employer): ______________________________________________ Address: ___________________________________ City: _________________ State: _____ Zip: __________________ Phone: _________________ Hours/Dept: _____________________ Supervisor: ________________________________ Respondent’s Attorney (Name): __________________________ Phone: ____________ Address: ___________________ ________________________________________________ City: _________________ State: _____ Zip: _____________ Other people who may have information to help find Respondent: Name: ______________________________________________ Phone: ______________________________________ Address: ______________________________________________________ Relationship: _______________________ Other Information: __________________________________________________________________________________ Name: ______________________________________________ Phone: ______________________________________ Address: ______________________________________________________ Relationship: _______________________ Other Information: __________________________________________________________________________________
***Protected Person Information*** (Use additional pages if necessary) Name of Protected Person: _________________________________________________________________________ Sex: M F
Date of Birth: __________ SSN (last 3#) ____ ____ ____ County: _____________________
Address: ___________________________________________________ City: _________________ State: ____ Zip:_______ Race:
Indian Asian Black White Unknown
Ethnicity:
Hispanic Non-Hispanic Unknown
Employment Information (name of employer): ___________________________________________________________ Address: ___________________________________________________ City: _________________ State: ____ Zip:_______ Employment Information (name of employer): ___________________________________________________________ Address: ___________________________________________________ City: _________________ State: ____ Zip:_______
***Protected Child Information*** (Use additional pages if necessary) Name of Protected Child: ___________________________________________________________________________ Sex: M F Date of Birth: _______________ Daycare or School Name: ____________________________________ Address: ___________________________________________________ City: _________________ State: ____ Zip:_______ Race:
Indian Asian Black White Unknown
Ethnicity:
Hispanic Non-Hispanic Unknown
Name of Protected Child: ___________________________________________________________________________ Sex: M F Date of Birth: _______________ Daycare or School Name: ____________________________________ Address: ___________________________________________________ City: _________________ State: ____ Zip:_______ Race:
Indian Asian Black White Unknown
Ethnicity:
Hispanic Non-Hispanic Unknown
Exhibit C
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 to raising financial support for legal service providers on a local and statewide basis. Beginning in 2013, the Texas Access to Justice Commission will accept applications from bar associations and young lawyer affiliates for this award. Each bar association has an opportunity to receive this award based on its division. The divisions are: Division I: local and district bar associations with 500 or fewer members Division II: local and district bar associations with 501 – 900 members Division III: local and district bar associations with 901 – 5,000 members Division IV: local and district bar associations with more than 5,000 members Each young lawyer affiliate has an opportunity to receive this award based on its division. The divisions are: Division I: Austin, Dallas, Ft. Worth, Houston, and San Antonio Division II: All other young lawyer affiliates
Award Criteria Financial Support for Access to Justice (50%) Rate of voluntary ATJ contributions made at the suggested $150 level or more through State Bar dues statement (15 points) Local bar fundraising and donation efforts; examples include: bike ride, gala, golf tournament, pro bono prom, etc., with proceeds benefitting local legal aid organizations (15 points) Number of first time donors (15 points) Largest donation contributed (5 points) Access to Justice – Initiatives and Awareness (50%) Specific efforts to increase access to legal aid services. Examples include hosting free legal advice clinic; creating a local lawyer referral service or reduced fee panel on the local lawyer referral service; efforts to increase pro bono participation; etc. (25 points) Specific efforts to increase awareness of access to justice issues on a local or statewide basis. Examples include inviting speakers to give presentations on access to justice, limited scope representation or other related topics; developing and providing presentations on topics related to access to justice and pro bono work; visiting local legislators to educate them about the importance of legal services to the poor; encouraging attorneys to bank at a Prime Partner Bank; etc. (25 points) NOTE: To streamline award applications, you may have the access to justice portion of the State Bar of Texas Award of Merit application sent to the Texas Access to Justice Commission to be considered in your
application for the Deborah G. Hankinson Award. You will need to check a box on the State Bar of Texas Award of Merit entry form to let them know you want it sent to us.
Exhibit D
FOR IMMEDIATE RELEASE September 14, 2012 Contact: Georgia Nolan, Development & Communications Director 800-204-2222 x 1892, georgia.nolan@texasbar.com
Texas Access to Justice Commission Recognizes Champions of Justice Law Firms 2012 Campaign Raises almost $1 Million for Texas Legal Aid
AUSTIN, Texas – The Texas Access to Justice Commission is delighted to announce the winning law firms in its inaugural annual Access to Justice (ATJ) Campaign: Austin:
Graves Dougherty Hearon & Moody - Highest Amount Raised - Large Firm Vinson & Elkins - Highest Percentage of Participation - Large Firm Bickerstaff Heath Delgado Acosta LLP - Highest Amount Raised/Highest Percentage of Participation - Mid-sized Firm Cantilo & Bennett, L.L.P. - Highest Amount Raised & Highest Percentage of Participation - Small Firm (tie) George & Brothers, L.L.P. - Highest Amount Raised - Small Firm (tie) Reeves & Brightwell - Highest Percentage of Participation - Small Firm (tie)
Dallas:
Vinson & Elkins - Highest Amount Raised & Highest Percentage of Participation - Large Firm Andrews Kurth LLP - Highest Amount Raised - Mid-sized Firm Carrington, Coleman, Sloman & Blumenthal - Highest Percentage of Participation - Mid-sized Firm Curran Tomko Tarski LLP - Highest Amount Raised & Highest Percentage of Participation - Small Firm
Houston:
Vinson & Elkins - Highest Amount Raised & Highest Percentage of Participation - Large Firm King & Spalding - Highest Amount Raised & Highest Percentage of Participation - Mid-sized Firm Beirne Maynard & Parsons - Highest Amount Raised & Highest Percentage of Participation - Small Firm
San Antonio:
Fulbright & Jaworski - Highest Amount Raised & Highest Percentage of Participation - Large Firm Hornberger Sheehan Fuller Beiter Wittenberg & Garza, Inc. - Highest Amount Raised - Mid-sized Firm (tie) Winstead - Highest Amount Raised & Highest Percentage of Participation - Mid-sized Firm (tie) Tom Rhodes Law Firm P.C. - Highest Amount Raised & Highest Percentage of Participation - Small Firm
-More-
Page 2 The ATJ Campaign involved law firms in each of the four largest cities in Texas – Austin, Dallas, Houston and San Antonio. Attorneys were encouraged to make the suggested $150 Access to Justice Contribution on their State Bar of Texas dues statement. Winning firms were selected based on two criteria -- the highest percentage of contributing attorneys within their firm as well as those firms with the highest overall contribution. Firms were divided within the four cities based on number of attorneys – large, mid-sized or small firm. The Commission will be presenting awards to the winning firms at a Supreme Court Luncheon on October 22 at the Omni Hotel in Austin. Further, a full-page ad on the inside back cover of the September issue of the Texas Bar Journal congratulated all Champion of Justice Law Firms. Individual attorneys who made a donation over and above the suggested $150 contribution will be listed in an upcoming issue of Texas Lawyer. Overall the campaign raised almost $1 million for Legal Aid in Texas. The Commission applauds the efforts of these firms as well as all lawyers who supported this campaign. With over six million people qualifying for legal aid and legal services providers facing layoffs in the face of reduced funding, the support by Texas lawyers is needed now more than ever. To learn more or donate visit www.TexasATJ.org/Donate.
-xxxThe Texas Access to Justice Commission was created in 2001 by the Supreme Court of Texas to develop and implement policy initiatives designed to expand access to and enhance the quality of justice in civil legal matters for low-income Texans. The Commission has created several initiatives to increase resources and awareness of legal aid. For more information, please visit www.TexasATJ.org.
APPENDIX A ADDITIONAL EFFORTS TO INCREASE ACCESS TO JUSTICE
Pro Bono Coordinators Retreat In September, the State Bar hosted an annual statewide Pro Bono Coordinators Retreat (PBCR) aimed at training pro bono coordinators who work for legal service providers, at private firms, or as corporate counsel. PBCR is designed to impart interpersonal and leadership training to equip coordinators with the skills needed to work effectively and efficiently with clients and volunteers. During the retreat, newer and seasoned coordinators were encouraged to network and share useful strategies for recruitment, retention, and rewarding of volunteer attorneys. Sessions provided practical information about topics such as fundraising, pro bono policy trends, and other skills that increase a coordinator’s effectiveness as a facilitator of pro bono services. This year, over 60 coordinators attended the three day retreat held in Austin at the Texas Law Center. Coordinators who had been in their position for two years or less were invited to explore strategies and seek guidance from those with more experience during the Nuts & Bolts sessions on Wednesday. Over the course of the remainder of the retreat, sessions encouraged coordinators to think of ways to create and maintain partnerships to expand the reach of their pro bono programs. (Exhibit 1) Pro Bono College and National Pro Bono Week The Pro Bono College was created in 1992 by the State Bar of Texas to recognize attorneys who far exceed the Bar’s aspirational pro bono goals. Attorneys who give at least 75 hours of eligible legal assistance work are invited to join the College. In 2012, the College consisted of 402 attorneys and 26 paralegals, with efforts totaling well over 30,000 pro bono hours. As the Pro Bono College celebrated its 20 year anniversary, two of the founding members of the College reached a 20 year membership milestone as well. Ronald “Ned” Dennis and William Whitehurst have demonstrated a commitment to pro bono and serve as a model for the rest of us. Mr. Dennis and Mr. Whitehurst were honored at the Texas Access to Justice Foundation’s Supreme Court Luncheon that kicked-off National Pro Bono Week. The Commission, the Foundation, and the State Bar of Texas joined the ABA Standing Committee on Pro Bono and Public Service once again in the weeklong celebration to pro bono, October 21 – 27. The nationwide event showcases the impact pro bono attorneys have on a client’s life, the community, and on the entire justice system. The
event provided legal services programs with the opportunity to recruit additional pro bono volunteers and commemorate the contributions of current volunteers. Texas is fortunate to have so many attorneys donating their time and expertise to those in need. During the celebration, local bar associations, law firms, Texas law schools, and legal services programs scheduled events for the celebration and spotlighted their star pro bono volunteers. Numerous events providing direct services or highlighting the need for increased pro bono involvement were also held. The State Bar of Texas, along with the Commission and Foundation, profiled a diverse array of lawyers from various geographic locations and practice areas who perform pro bono legal service on the State Bar Blog. The e-newsletter LegalFront released a special edition for Pro Bono Week spotlighting a video quilt with legal advocates sharing why they do what they do. Legal Services to the Poor Committees Civil - The Legal Services to the Poor in Civil Matters Committee, chaired by Matt Probus, continues to facilitate and coordinate the developments and efforts of federallyfunded LSC providers, private organizations, and local bar initiatives. The Committee is currently studying policy initiatives for Board consideration, like the creation of a Pro Bono College for law students. The Committee also serves as the initial screening stage for the Bar’s pro bono awards by soliciting nominations and selecting recipients. The Committee awarded the inaugural Judge Merrill Hartman Pro Bono Judge Award at the State Bar’s Annual Meeting in June to Justice Phylis Speedlin. Finally, with the Commission, the Committee sponsored and helped to fund the Access to Justice track at the State Bar’s annual Local Bar Leaders Conference this past July. Criminal – The Legal Services to the Poor in Criminal Matters Committee, chaired by Jeff Blackburn, continues to work toward determining the level and status of indigent defense in Texas. As their research progresses, the Committee develops recommendations for action by the State Bar, the Texas Legislature and all other entities that are, or should be, involved in the provision of quality representation of indigent persons.
Pro Bono Coordinators Retreat
Exhibit 1
Texas Law Center (Austin, TX)
WEDNESDAY, SEPTEMBER 19TH (DOUBLETREE UNIVERSITY)
NUTS & BOLTS OF PRO BONO INVOLVEMENT: RECRUIT, RETAIN AND REWARD 1:00 p.m. 2:00 p.m. 2:30 p.m. 3:30 p.m. 3:45 p.m. – 5:00
Registration Making the case for pro bono / Intro
Hannah Silk Kapasi, Texas Access to Justice Commission
Nuts & Bolts of Pro Bono Involvement: Recruit, Retain and Reward (part 1) Jan Kearney, Legal Aid of NorthWest Texas & Natalie Hansen, American Gateways
Picnic Break Nuts & Bolts of Pro Bono Involvement: Recruit, Retain and Reward (part 2) Jan Kearney, Legal Aid of NorthWest Texas & Natalie Hansen, American Gateways
THURSDAY, SEPTEMBER 20TH (TEXAS LAW CENTER)
CATCH THE WAVE TO PRO BONO 8:00 a.m. 9:00 a.m. 9:15 a.m. 9:30 a.m. 10:15 a.m. 10:45 a.m. 11:00 a.m. 12:15 p.m. 1:30 p.m.
Registration (Hot Breakfast - provided) Welcome Introduction to the Pro Bono Coordinators Retreat Expand Your Base: Working with Social Service Providers Trish McAllister, Texas Access to Justice Commission
ATJ and Pro Bono Update
Trish McAllister, Texas Access to Justice Commission
Coffee Break Support Programs and Back-up for Volunteer Attorneys
Bruce Bower, Texas Legal Services Center; Alicia Hernandez, Dallas Volunteer Attorney Program; Cathryn Ibarra, Legal Services Support Division; Maria Martinez, Texas RioGrande Legal Aid
Lunch (provided) – Hatton Sumners Lobby Sponsored by Austin Pizza But There Are No Lawyers! Encouraging Innovative Pro Bono Solutions in Remote Areas Ellyn Haikin Josef, Vinson & Elkins & Dana Bias, Lone Star Legal Aid
2:45 p.m. 3:45 p.m. 4:15 p.m. 5:15 p.m. – 5:30 p.m. 5:30 p.m. – 7:30 p.m.
Partnerships You Might Not Have Thought of Before Hannah Allison & Catherine Nahay, Legal Services Support Division
Break Celebrate Pro Bono: National Pro Bono Week Planning Michelle Alden, Dallas Volunteer Attorney Program
Super Shuttle leaving from DoubleTree University Pro Bono Coordinators Reception
Pro Bono Coordinators Retreat
Texas Law Center (Austin, TX)
RECEPTION LOCATION FADO IRISH PUB 214 WEST 4TH STREET
FRIDAY, SEPTEMBER 21ST (TEXAS LAW CENTER)
CATCH THE WAVE TO PRO BONO 8:30 a.m.
9:00 a.m.
Continental Breakfast (provided) Breakouts:
A) Developing Programs and Partnerships with Peers: Expanding Your Firm's Ability to Do Pro Bono (Firm and Corporate Counsel) Peggy Montgomery; Sylvia Mayer, Weil, Gotshal & Manges LLP; Susan Sanchez, ExxonMobil; Kenneth Johnson, Quest Diagnostics
B) Fundraising and Resource Development: General Principles and Overarching Ideas (Legal Service Providers) Adrienne Longenecker, Emancipet & Michael Kellerman, Corcoran and Company
Breakouts: 10:30 a.m.
A) How Can We Help You Help Others? Round Table Discussion on What Legal Service Providers and Pro Bono Coordinators Need From Each Other (Urban)
Alissa Gomez, Houston Volunteer Lawyers Program; Ellyn Josef, Vinson & Elkins; Kenneth Johnson, Quest Diagnostics; Pablo Almaguer, Texas RioGrande Legal Aid
B) Planting the Seed: Advisory Boards and Community Involvement (Rural) Pete Fierro, Legal Aid of NorthWest Texas
Appendix B
Report to the Supreme Court of Texas June 1 – November 30, 2012
As 2012 draws to a close, the Texas Access to Justice Foundation (TAJF) continues to face decreases in our traditional sources of revenue while working to ensure vulnerable Texans receive the basic civil legal services we all deserve. Along with the Texas Access to Justice Commission and our partners in legal aid, we will be requesting the 84th Texas Legislature continue the general appropriation funding for basic civil legal services at the same amount as the past session -- $17.6 million for the biennium to help struggling Texans achieve access to justice. This amount will maintain critical funding to Texas legal services providers as other sources, including IOLTA and federal funding, decline. Interest on Lawyers’ Trust Accounts (IOLTA) Revenue With the historically low interest rates continuing until at least 2015, IOLTA revenue is expected to continue to dwindle as a source of legal aid funding. IOLTA revenue has been declining dramatically since the interest rate cut began in 2008. In 2007, IOLTA generated more than $20 million, and we anticipate IOLTA will generate only approximately $4.4 million in 2012 – a decline of more than 75 percent. While we work hard to promote the Prime Partner Bank Program as a way to increase IOLTA revenue, some financial institutions are making business decisions with the economic forecast to leave the program. We currently maintain approximately 70 Prime Partner Banks that pay one percent on IOLTA accounts and we are consistently making efforts to encourage participation at these banks. Texas has the premier Prime Partner Program in the country. November Prime Partner Bank Recognition Month and Launching of “I Bank on Justice” Campaign November was designated as Prime Partner Bank Recognition Month and we launched a new “I Bank on Justice” campaign online and in social media to encourage more attorney participation at a Prime Partner Bank. These innovative efforts are a first of their kind in the country. Renewed efforts to recruit and retain banks in the program took place throughout the month, including recognition of banks that have participated in the program since its inception five years ago. Federal Funding Cuts Additionally, the three largest providers of legal aid in Texas – Legal Aid of NorthWest Texas, Lone Star Legal Aid and Texas RioGrande Legal Aid – have lost an annualized $6.1 million in funding from the Legal Services Corporation (LSC) beginning in 2012. These cuts severely impact the services provided to low-income Texans, particularly in rural areas of the state and undermines our legal services delivery system. They began as a four percent cut in 2011 and continued with an additional 15 percent cut in 2012. Funding for 2013 is uncertain. Washington State Settlement Unexpectedly, the Foundation recently received funds from a class action lawsuit in Washington State. IOLTA programs throughout the country shared in the court award from this suit on a pro rata basis using an estimate of activity that occurred in each state. The TAJF received its payment in the amount of ________________________________________________________________________________________________ Texas Access to Justice Foundation Report, June 1 – November 30, 2012 1
$1,691,473.81 to “support activities and programs that promote access to the civil justice system for lowincome residents.” The TAJF Board of Directors adopted a Resolution thanking the Legal Foundation of Washington and the lawyers involved in the case. Crime Victim Civil Legal Services (CVCLS) Bracing for Big Cuts The TAJF has been informed by the Office of the Attorney General (OAG) that there will be a shortfall in the Crime Victims Compensation Fund that will certainly impact the CVCLS Program in grant year 2013-2014 and into the future. TAJF has been part of the Advocate Advisory Council, convened by the Attorney General’s Office Crime Victims’ Compensation Division, created to strategize on ways to increase revenue dedicated to the Crime Victims Compensation Fund to ensure the health of the Fund. At this time, it is unknown the degree of reductions that will be imposed to individual programs, but from all information, without additional dollars, the cuts will be significant and clearly adversely impact victims’ legal aid programs and their assistance to low-income victims of crime. The overall reduction to the Fund is over 50%. GRANTS The Foundation Board of Directors awarded 32 nonprofit legal aid organizations with grants for the 20122013 grant year to provide civil legal services to the poor in Texas totaling approximately $30.6 million. This grant cycle (September 2012 – August 2013) includes the remaining half of the $17.56 million biennium appropriation approved during the 83rd Legislative Session. Of the current Texas Access to Justice Foundation grantees: • 32 are funded with Interest on Lawyers’ Trust Accounts (IOLTA) funds • 18 are funded with Basic Civil Legal Services (BCLS) BCLS funds • 18 are funded with Crime Victim Civil Legal Services (CVCLS) funds • 1 was funded with TAJF donated funds • 1 was jointly funded with IOLTA funds and OAG funds for the supporting the “Parenting Order Legal Line” offered by the Texas Legal Services Center TAJF’s grantees reported closing more than 101,000 cases, impacting the lives of more than 226,000 individuals during 2011. Pro bono continues to play an important role in legal aid to the poor in Texas. Family, housing and consumer law comprise the majority – approximately 55 percent – of the cases handled by legal aid in Texas. In 2011, Legal Aid obtained $20.5 million dollars in benefits, back awards and lump sum settlements with average monthly benefits equaling $1.6 million per month for low-income Texans Grants for Veterans Legal Services On May 1, 2012, the Texas Access to Justice Commission hosted the third Champions of Justice Gala for Veterans. Proceeds from the event again were designated to fund civil legal services for low-income Texas veterans. TAJF solicited requests for proposals to current grantees, all bar associations, and also opened it to new applicants. The Foundation received a record high 14 proposals totaling $726,025. The Foundation awarded 11 grants from the proceeds totaling $446,713 of which $33,713 of the funds were IOLTA funds. Legal aid programs and local bar associations receiving funding for civil legal projects for veterans include: • Baylor University School of Law Veterans Clinic • The Cathedral Justice Project/Cathedral Health and Outreach Ministries (“the Beacon”) • Community Justice Program of the San Antonio Bar Association • Fort Bend Lawyers Care • Houston Bar Foundation • Jefferson County Bar Foundation • Legal Aid of Northwest Texas ________________________________________________________________________________________________ Texas Access to Justice Foundation Report, June 1 – November 30, 2012 2
• • • •
Lone Star Legal Aid Oficina Legal del Pueblo Unido, Inc. Tarrant County Bar Foundation Texas Legal Services Center
The Foundation continues to monitor and ensure compliance by its grantees through regularly scheduled site visits, peer reviews and fiscal audits. The Foundation will have completed 12 monitoring visits this calendar year. New software for online grant administration and tracking has been implemented during this grant year. The new web-based software allows online applications, accurately tracks quarterly expenditure reports, maintains grantees’ records, and minimizes data entry. Other Grant Funding In late spring, the Texas Attorney General designated $10 million from the nationwide mortgage foreclosure bank settlement for civil penalties pursuant to Tex. Bus. & Com. Code 17.47 (c) paid to the State of Texas for deposit to the judicial fund pursuant to Texas Government Code 402.007. TAJF recommended, and the Court awarded in June, $6,095,903 of these settlement funds to the three LSC-funded programs to provide civil legal services to the poor as follows: Lone Star Legal Aid Legal Aid of NorthWest Texas Texas RioGrande Legal Aid
$2,008,322 $1,571,991 $2,515,590
PROGRAMS & PROJECTS Texas Student Loan Repayment Assistance Program (SLRAP) The Texas Student Loan Repayment Assistance Program continues to enjoy financial support from the State Bar of Texas thanks to the generous contribution of $1.75 million, over five years. This support ensures lawyers will continue to be able to work at Texas legal aid programs. The contribution from the State Bar of Texas is the largest donation made by a state bar association to a SLRAP program in the country. The State Bar of Texas continues to be a leader in access to justice initiatives. Currently, 109 legal aid lawyers working in 23 Texas legal aid organizations receive support from the Texas SLRAP. On average, these recipients have approximately $93,480 in educational debt. The average salary for these lawyers is $50,490. The average monthly loan payment for these attorneys is $574 and the maximum monthly payment through the SLRAP is $400. Shailey Gupta-Brietzke, former attorney at Aid to Victims of Domestic Abuse in Houston describes what many feel about the Texas SLRAP: “I wanted to thank you for administering this program. It’s been a blessing for me personally and professionally. It’s allowed me to pursue my passion as a public interest attorney and ensure that my loans are timely paid. This has meant a lot to me, and allowed me to grow and develop personally and professionally. In fact, a few years ago, my husband and I bought our first home, and we would not have been able to do that but for the TAJF loan repayment. Thank you.” Parenting Order Legal Line (POLL) Since 2008, TAJF has been collaborating with the Division of Family Strengthening Initiatives of the Office of the Attorney General (OAG) on services designed to assist parents, who otherwise would not likely be able to afford an attorney, to better understand the rights and responsibilities created by their parenting orders. ________________________________________________________________________________________________ Texas Access to Justice Foundation Report, June 1 – November 30, 2012 3
The Parenting Order Legal Line, funded jointly by the OAG and TAJF, is providing a meaningful service to parents trying to make their shared parent arrangements work. This hotline project that began in September 2010 uses family law attorneys at TAJF grantee Texas Legal Services Center to provide brief services and counsel and advice to parents seeking to enforce their rights under their shared parenting orders. Appropriate cases are referred to this project from the Access & Visitation Hotline that TAJF and the OAG support. During the 2010-11 grant year, over 1,380 parents received 3,465 incidences of brief services or settlement negotiations in order to resolve their parenting conflicts. Texas Equal Justice Works Fellowships TAJF was honored this year to welcome two co-sponsors of the Texas Equal Justice Works Fellowship program. Greenberg Traurig, LLC and The John M. O’Quinn Foundation each partnered to fund one-half of a fellow for the 2012-14 Fellows Class with TAJF funding the remaining portion. As a result of this support, TAJF offered four candidates fellowships in TAJF-funded legal aid programs. Fellows use an innovative and entrepreneurial approach to identifying and addressing critically needed legal services and are matched with a nonprofit organization that has agreed to host them for two years. The Texas Equal Justice Works Fellow Class of 2012 includes: • Sarah Loeffler at Montgomery County Women’s Center in Conroe will work on expanding legal aid for Domestic Violence survivors. • Christine Nishimura at Disability Rights Texas in Austin will work to stem the school to prison pipeline by advocating for linguistically appropriate strategies for improving literacy and, consequently success in school, for disabled children. • Meghan Kempf at Family Violence Prevention Services in San Antonio will work to expand legal aid for Domestic Violence survivors. • Keegan Warren-Clem at Texas Legal Services Center in Austin is building a Medical-Legal Collaborative in the severely impoverished Dove Springs are in Austin. Continuing Fellows from the 2011 Fellowship class sponsored by the Texas Access to Justice Foundation are: Adriana Rodriquez, Texas RioGrande Legal Aid in Laredo, and Michelle Smith, Texas Civil Rights Project in Austin. TAJF was delighted to bring each of these fellows to Austin for the recent TAJF Board of Directors Meeting and Luncheon with the Texas Supreme Court. AWARDS & EVENTS TAJF Board Member Achievements TAJF Board Chair Richard L. “Dick” Tate will receive the 2012 Arthur von Briesen Award from the National Legal Aid and Defender Association (NLADA) at the annual convention in December. He was nominated for this prestigious national award by Judge Lora Livingston with support letters from Randy Chapman, Rose Wilson and James B. Sales. We are very proud to have him at the helm in Texas. Also, Board Member Pete Gallego of Alpine was elected in November to represent District 23 in the U.S. Congress. Also, board member Andrew Kerr became president of the San Antonio Bar Association in August. At our October board meeting we welcomed new board member Carol M. Barger of Dallas. Additionally, the Foundation hired Abel Rosas as Director of Finance effective September 1. Grantees Receive National Recognition for Legal Aid Programs TAJF grantee, The Community Justice Program, a joint project between TAJF grantee Texas RioGrande Legal Aid and the San Antonio Bar Association received the American Bar Association’s 2012 Harrison Tweed ________________________________________________________________________________________________ Texas Access to Justice Foundation Report, June 1 – November 30, 2012 4
Award. This tremendous honor is given to a bar association that has made extraordinary efforts to improve legal services availability to poor persons in their communities. The CJP was recognized on Aug. 3 at the ABA Annual Meeting in Chicago. The Tarrant County Bar Foundation’s Veterans Program and the El Paso Lawyers for Patriots programs also received national recognition at the event. Legislative Hero Awards The Texas Access to Justice Commission and Foundation continue to present the Legislative Hero Award, created in 2010, to recognize legislators who, through their efforts, have significantly advanced access to justice in Texas by assisting with the appropriation of funds and/or other substantive activities related to the provision of legal aid in the state. Justice Nathan Hecht has presented the Legislative Hero Award throughout the state at various events to honor the legislators in their local community. In October, the award was presented to: Rep. John Otto in Cleveland; Sen. Juan “Chuy” Hinojosa and Rep. Todd Hunter in Corpus Christi, and Rep. Senfronia Thompson in Houston. In conjunction with the award presentation in Corpus Christi, Justice Hecht made a special visit to the office of Texas RioGrande Legal Aid and met the staff that handles clients in need at the courthouse office. Pro Bono Week The Foundation kicked-off National Pro Bono Week by hosting the annual Luncheon with the Supreme Court of Texas with over 150 in attendance. Houston lawyer, Richard L. Horstman, recently retired assistant general counsel at Marathon Oil Company, shared his experiences of pro bono work. Horstman took his first pro bono case assisting immigrant children in the U.S. and said it changed his perception of himself and his practice. Adriana Rodriguez, a TAJF Equal Justice Works Fellow, spoke about her work with Texas RioGrande Legal Aid in Laredo. Her project provides legal representation and services for victims of intimate partner violence and those who suffer from mental illness, including substance abuse. During the luncheon the Foundation also honored several partnerships that have increased funding for legal services with the Access to Justice Award. The Construction Law Section of the State Bar of Texas was recognized for continued financial support. The award was also presented to the law firm of Greenberg Traurig LLP and the John M. O’Quinn Foundation for their sponsorship of the Texas Equal Justice Works Fellowship Program. Also recognized were the Prime Partner Banks who have provides extraordinary interest rates through the IOLTA program for the past five years. The Texas Access to Justice Commission highlighted several law firms as Champions of Justice for their donations to the annual access to justice contribution campaign and William O. Whitehurst of Austin and Ronald “Ned” Dennis of Marshall were honored for 20-year membership in the Pro Bono College of the State Bar of Texas. The TAJF, Texas Access to Justice Commission, State Bar of Texas and legal aid providers joined the National Pro Bono Celebration, October 21-27, highlighting the need to expand access to justice through pro bono civil legal services. Throughout the week, legal aid and pro bono programs held legal clinics, recognized pro bono lawyers and conducted CLE events.
________________________________________________________________________________________________ Texas Access to Justice Foundation Report, June 1 – November 30, 2012 5
Communications & Outreach The Foundation continues to work, along with Commission, on communicating information about the needs of legal services for struggling Texans, the impact of the decline in IOLTA funding decline, and other programs and events with various media outlets and through social media. Recent “Letters to the Editor” focused on Domestic Violence Month by TAJF Chair Richard L. Tate and Veterans Day by Justice Hecht. Legislative Hero Awards and Prime Partner Banks are among other topics garnering media coverage over the past few moths. TAJF Executive Director, Betty Balli Torres was interviewed for the fall issue of the ABA’s Bar Leader magazine on the continuing problems facing IOLTA programs. We also continue to reach out to local bar associations, legal aid organizations and other law-related groups by providing information presentations on the needs and opportunities for increased pro bono work and funding. TAJF staff recently participated in the Lubbock County Bar Pro Bono awards event in August, the Woodlands Bar Association meeting in October, a Client Council meeting in Lubbock, and the Pro Bono Week Celebration in Plainview.
________________________________________________________________________________________________ Texas Access to Justice Foundation Report, June 1 – November 30, 2012 6
Exhibit 1
FOR IMMEDIATE RELEASE November 5, 2012 Contact: Kimberly Schmitt, Communications Manager 512-320-0099 or kschmitt@teajf.org
Texas Access to Justice Foundation Observes Prime Partner Bank Recognition Month Foundation Launches “I Bank on Justice” Campaign AUSTIN, Texas — The Texas Access to Justice Foundation is recognizing banks and financial institutions that help invest in justice through the Texas IOLTA (Interest on Lawyers’ Trust Accounts) program during Prime Partner Bank month in November. More than 70 banks and credit unions are committed to being Prime Partners and directly benefit the funding of civil legal services in Texas communities. Prime Partner banks voluntarily pay higher interest rates on IOLTA accounts, helping close the gap in legal services funding. These banks have contributed millions of dollars in IOLTA revenue throughout Texas. The Foundation recognizes the 13 banks that have participated in this program since its inception more than five years ago with the Prime Partners in Justice Award. They include: Bank First National Bank Southwest Huntington State Bank LegacyTexas Bank Lindale State Bank Lone Star National Bank NewFirst National Bank North Dallas Bank & Trust Co. Northstar Bank of Texas PlainsCapital Bank Preston State Bank Security State Bank Texas Brand Bank Town North Bank
Location(s) Frisco, Plano Huntington, Lufkin, Nacogdoches Plano, Dallas, Fort Worth and others Lindale Pharr, Brownsville, Edinburg, McAllen and others El Campo, Houston, Victoria and others Dallas, Addison, Frisco, Plano and others Denton, Grapevine, Lewisville and others Austin, Dallas, Fort Worth, San Antonio and others Dallas Littlefield, Lubbock, Olton Garland Dallas, Carrollton, Farmers Branch
The Foundation is also launching the “I Bank on Justice” campaign highlighting lawyers, firms and bar associations investing in justice by banking at a Prime Partner Bank. Lawyers and organizations are encouraged to bank at Prime Partner Banks whose higher interest rates help provide assistance to Texas families seeking justice for an abused child, receiving health benefits for an elderly person, or getting a family back in their home when faced with a foreclosure or eviction. More than 5.7 million Texans qualify for legal aid and many are turned away due to a lack of resources. The decline in IOLTA revenue has resulted in a crisis in access to the justice system for low-income and poor Texans. The Supreme Court of Texas created the IOLTA program in 1984 as a means of providing funds for legal aid. For many years, the system worked as it was intended, and played a major role in the funding of the state’s legal aid system. Due to the plunge in interest rates in 2008, the revenue generated from the program has plummeted. As a result, low-income Texans are forced to face serious, complicated and sometimes lifethreatening civil legal issues on their own. In 2007, IOLTA generated revenue in excess of $20 million; in 2012, it is projected to total only $4.4 million—a decline of more than 75 percent. Special website and social media spotlights will be featured throughout the month at www.teajf.org and on Facebook.
-30The Texas Access to Justice Foundation (www.teajf.org), created by the Supreme Court of Texas in 1984, is the primary 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 approximately 100,000 Texas families each year.
Exhibit 2
“We Bank on Justice” at Texas IOLTA Prime Partner Banks
Deborah Hankinson Hankinson LLP LegacyTexas Bank, Dallas
Jose L. Arce Falcon International Bank Laredo
Wood, Thacker & Weatherly, P.C. NorthStar Bank of Texas, Denton
Jacob T. Wedemeyer Falcon International Bank Del Rio Richard L. Tate Tate, Moerer & King New First Bank, Rosenberg
North Dallas Bank & Trust Co.
Gay, McCall, Isaacks, Gordon & Roberts LegacyTexas Bank, Plano
Exhibit 3
Exhibit 4
Exhibit 5
Copyright 2012: Houston Chronicle | November 9, 2012
Texas veterans As Nov. 11 marks the observance of Veterans Day, the Texas Access to Justice Commission and Foundation joins in expressing our gratitude for America's veterans for their service and sacrifice for our freedoms. According to the U.S. Department of Veterans Affairs, Texas has the second-highest veteran population, with 1.7 million veterans. These brave men and women deserve our appreciation for their honorable duty, and we encourage everyone to express their thankfulness to our state's veterans. Over the past three years, the Texas Access to Justice Commission and Foundation has raised and awarded grants in excess of $1 million for legal services for veterans. During this month, and throughout the year, veterans' legal clinics are held across the state to increase access to justice for all Texas veterans who have sacrificed so much. Every day, legal aid and pro bono lawyers come to the aid of veterans who are wrongly denied critical medical care, disability and other benefits, or need help with family matters arising from deployments. On behalf of the Texas Access to Justice Commission and Foundation, I would like to thank the more than one million Texans who have made sacrifices to serve our country. Nathan L. Hecht, Supreme Court liaison, Texas Access to Justice Commission & Foundation
Exhibit 6
FOR IMMEDIATE RELEASE August 8, 2012 Contact: Kimberly Schmitt, kschmitt@teajf.org, 512-320-0099 x 104
Texas Access to Justice Foundation Announces Grants for Veterans’ Legal Services Funds will support 11 nonprofits that provide civil legal services for veterans AUSTIN, Texas – The Texas Access to Justice Foundation (TAJF) has announced grants to 11 nonprofit organizations that will help fund legal aid services for Texas veterans. With these grants, public interest and pro bono lawyers will be able to provide legal representation to lowincome Texas veterans with basic civil legal problems such as denial of benefits or disability, family law matters arising from deployment, and other issues that may arise due to a veteran’s absence from home during military service. The Texas Access to Justice Commission—through its Champions of Justice Gala—raised more than $413,000 in 2012. TAJF will use the money raised to provide the grants to the selected nonprofit organizations. Now in its third year, the Champions of Justice Gala has raised more than $1 million for veterans’ legal services since its inception. The nonprofits receiving grant awards include: •
Baylor University School of Law, Waco
•
Cathedral Justice Project, Houston
•
Community Justice Foundation, San Antonio
•
Fort Bend Lawyers Care, Richmond
•
Houston Bar Foundation, Houston
•
Jefferson County Bar Foundation, Beaumont
•
Legal Aid of NorthWest Texas, Fort Worth (also includes Dallas, Panhandle)
•
Lone Star Legal Aid, Houston (includes East Texas)
•
Oficina Legal del Pueblo Unido Inc. (Texas Civil Rights Project), Austin, South Texas
•
Tarrant County Bar Foundation, Fort Worth
•
Texas Legal Services Center, Austin (statewide)
“These funds will help provide legal services for the many veterans returning from Iraq and Afghanistan and others who have sacrificed so much for our country,” Richard L. Tate, chair of the board of directors of the Texas Access to Justice Foundation, said. “Whether it’s through -More-
Page 2 legal clinics, a staff attorney or help from a pro bono lawyer, these organizations will provide for the civil legal representation they need and deserve.� TAJF has awarded nearly $350 million in its 28 years of existence. Legal aid organizations funded by the Texas Access to Justice Foundation help more than 100,000 low-income Texas families each year with their civil legal needs. However, due to a lack of resources, only about 20 to 25 percent of the civil legal needs of low-income and poor Texans are being met. To qualify for legal help from a program funded by TAJF, an individual normally cannot earn more than $13,963 per year. A family of four must earn less than $28,813 per year.
### 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 approximately 100,000 Texans each year.
2
Exhibit 7
Exhibit 8
EQUAL JUSTICE WORKS
TEXAS ACCESS TO JUSTICE FOUNDATION FELLOWS 1999 - 2012
Equal Justice Works and the Texas Access to Justice Foundation celebrate 13 years of partnership. Equal Justice Works would like to thank the Texas Access to Justice Foundation for the tremendous contributions the Foundation has made to America’s largest legal postgraduate fellowship program. The Texas Access to Justice Foundation is the premier supporter of Equal Justice Works Fellowships in Texas.
Since 1999, the Texas
Access to Justice Foundation has invested over $2 million to fund 29 two-year fellowships.
These Fellows have
delivered critically needed legal services at twelve nonprofit host organizations in the state of Texas, working on ten issue areas ranging from education and disability rights to immigration and domestic violence.
Among Texas
Access to Justice Foundation’s former fellows, over 78 percent remain in public interest today, working as nonprofit staff attorneys, for local governments, and as clinical law professors.
Almost half of the former fellows
remain at their fellowship host organizations today. This compendium demonstrates the impact that the Texas Access to Justice Foundation has had in launching the public interest careers of 29 young attorneys.
Equal
Justice Works thanks the Texas Access to Justice Foundation for this outstanding commitment to helping ensure equal access to the justice system for society’s most vulnerable individuals and communities.
1
Texas Access to Justice Foundation Fellows by Fellowship Issue Area Immigrant Populations
17% 28%
Disability Rights
17%
Workers' Rights
10%
Domestic Violence
14%
14%
Housing/Homelessness Other Issue Areas
Texas Access to Justice Foundation Fellows by Fellowship Location 3%
3%
24%
7%
17% 7% 7% 17%
7%
4%
2
4%
Austin Dallas Conroe Eagle Pass Edinburg El Paso Harlingen Houston Laredo Lubbock San Antonio
Texas Access to Justice Foundation Fellows Continuing To Serve the Public Interest 22%
Fellows Remaining in the Public Interest Field
Other Fellows
78%
Career Breakdown of Texas Access to Justice Foundation Fellows Working in Public Interest Non-profit Staff Attorney
5% 5%
Non-profit Senior/Supervising Attorney
17% 17%
56%
Local Government Attorney
Municipal Judge
Clinical Professor
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Words of Thanks from Texas Access to Justice Foundation’s Former Fellows… I would like to thank the Texas Access to Justice Foundation, Equal Justice Works, and Texas RioGrande Legal Aid for their support and mentorship during my fellowship. Jake Wedemeyer, Class of 2007, Assistant County Attorney, Val Verde County
I would like to thank the Texas Access to Justice Foundation for sponsoring my fellowship and allowing me to create the Tenants' Council of Houston. I was able to begin my career as a lawyer with the perspective of how much of a difference an attorney can make in the lives of people who would otherwise be powerless to fight the injustices they face.
It is hard to believe that two years have gone by since the conclusion of my Equal Justice Works Fellowship! In private practice, there is almost no day that goes by that I do not use the lawyering skills I developed as part of my Fellowship at the Equal Justice Center. Since I have been in private practice, I have also had the opportunity to raise awareness of the labor and legal plight of immigrant workers, and of course remain a friend of the Equal Justice Center. Thank you again for making my Equal Justice Works Fellowship possible. It was a memorable experience, both at a personal and professional level. Helena Venturini, Class of 2008, Associate, Watson, Caraway, Midkiff & Luningham, LLP
I would like to thank the Texas Access to Justice Foundation for funding my fellowship and for getting me started on my road through public service. I know that without the support of TAJF I would not have the wealth of knowledge and experience helping the poor that I have now. I am forever grateful to both Equal Justice Works and TAJF for allowing me to become the attorney I dreamed of when I made the decision to go to law school.
David J. Sadegh, Class of 2006, Attorney, Alvear & Sadegh, P.C.
I will be forever grateful to the Texas Access to Justice Foundation for making it possible for me to begin my legal career at the Texas Civil Rights Project. Their support and generosity allowed us to greatly expand access to interpreters around the state. Abigail Frank, Class of 2009, Staff Attorney, Texas Civil Rights Project
I am very grateful for the Texas Access to Justice Foundation for sponsoring my project, which continues to help provide more holistic services in the Rio Grande Valley to this day. Amber VanSchuyver, Class of 2008, Staff Attorney, Texas RioGrande Legal Aid
-Bernadette Segura, Class of 2005, Senior Attorney, Texas RioGrande Legal Aid
Thank you to the Texas Access to Justice Foundation for making it possible for me to pursue my dream of working to address the needs of special education students in the public school system directly following graduation from law school. It’s rare for recent graduates to be able to start out in the nonprofit world at all, let alone in their field of choice and with their organization of choice. I’m eternally grateful to TAJF for providing me with that opportunity! Sarah Bellinger-Beebe, Class of 2009, Staff Attorney, Disability Rights Texas
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Ilyce Shugall Years: 1999 – 2001 Host Organization: ProBar City/State: Harlingen, Texas Issue Area: Immigrant Populations Co-Sponsor: American Immigration Lawyers’ Association Project Description: Provide all immigration detainees at the nation's largest Immigration and Naturalization Service (INS) detention center with legal rights, information, and increased access to counsel. Where Is She Now? After completing her fellowship, Ms. Shugall joined Van Der Hout, Brigagliano & Nightingale, LLP, a private firm with a notable practice in immigration and nationality law in San Francisco, California where she eventually became a partner. Ms. Shugall returned to the public interest field earlier this year by accepting a position as the Immigration Supervising Attorney at Community Legal Services in East Palo Alto, California. Additionally, Ms. Shugall is an active member of the National Lawyers Guild and served on the executive board of the Bay Area Chapter from 2004 to 2007. She is currently serving as the Pro Bono Coordinator for the Northern California Chapter of the American Immigration Lawyers’ Association’s Executive Office for Immigration Review.
Ms. Amy Magee Years: 2002 – 2003 Host Organization: Texas Civil Rights Project City/State: Austin, Texas Issue Area: Education Project Description: Engage in a statewide Title IX reform effort using education and litigation to provide communities with the foundation necessary to address youth education inequities. Where Is She Now? Ms. Magee is currently a Senior Attorney at the Texas Association of School Boards (TASB). She joined TASB at the completion of her fellowship and was promoted to Senior Attorney in 2007. Ms. Magee’s work focuses mainly on community college and special education issues. As part of her role, Ms. Magee develops and reviews community college districts’ legal and local policies. She is also a frequent presenter on a number of legal topics, including the First Amendment, technology in schools, and student issues.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Mrs. Barbara Stalder Years: 2003 – 2005 Host Organization: Lone Star Legal Aid City/State: Houston, Texas Issue Area: Children/Youth Project Description: Create a start up children's law program providing legal services to abused and neglected children in Harris County, Texas. Where Is She Now? After completing her fellowship, Mrs. Stalder worked for one year as an attorney for Aid to Victims of Domestic Abuse providing direct legal services to victims of domestic violence. Ms. Stalder then joined the Civil Practice Clinic at University of Houston Law Center where she is currently a Professor. In 2004 Mrs. Stalder received the University of Houston Law Center Alumni Association Rising Star Award and in 2005 received the TYLA President’s Award of Merit for her work on the publication “What to Expect in Family Court.” Mrs. Stalder recently was selected as a member to the Burta Rhoads Rayburn Family Law Inns of Court and was appointed to the State Bar of Texas Civil Legal Services to the Poor Committee.
Mr. Matthew Seymour Years: 2004 – 2006 Host Organization: Dallas Legal Hospice City/State: Dallas, Texas Issue Area: Health Care Project Description: Provide civil, health-related legal representation to persons living with HIV/AIDS and terminal illness in rural North Texas. Where Is He Now? After completing his fellowship, Mr. Seymour moved to the Dallas County Public Defender's Office where he currently works as an Assistant Public Defender in the Felony Division.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Mr. Sean Pevsner Years: 2005 – 2007 Host Organization: Advocacy Inc. City/State: Austin, Texas Issue Area: Disability Rights Project Description: Enable students with disabilities to obtain the proper accommodations in their educational and employment careers. Where Is She Now? Mr. Pevsner is a quadriplegic with severe cerebral palsy who has overcome significant physical obstacles to become a disabilities rights advocate. After leaving Advocacy Inc., Mr. Pevsner continued to assist others with disabilities through his own consulting practice. As a consultant, he worked with clients affected by cerebral palsy to obtain IDEA services by representing them at schools and negotiating with opposing counsel their behalf. After successfully advocating to obtain the accommodations and resources necessary for him to prepare for and take the bar exam effectively, he gained admittance to the Texas State Bar in 2011. Since becoming licensed, Mr. Pevsner has helped to found Whitburn & Pevsner, PLLC where he has developed a vibrant special education practice and has worked on other aspects of education law, as well as guardianship and other probate proceedings.
Ms. Bernadette Segura Years: 2005 – 2007 Host Organization: Texas RioGrande Legal Aid City/State: San Antonio, Texas Issue Area: Housing/Homelessness Project Description: Provide legal representation, advocacy and outreach to San Antonio's homeless population. Where Is She Now? After her fellowship, Ms. Segura remained with Texas RioGrande Legal Aid (TRLA). She took time away to begin her family, but has since returned to TRLA where she is currently a Senior Attorney. In addition, she is a board member at Project BRAVO.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Judge Ramey Ko Years: 2006 – 2008 Host Organization: Texas RioGrande Legal Aid City/State: Austin, Texas Issue Area: Housing/Homelessness Project Description: Provide legal advocacy to victims of domestic violence facing discrimination in public, subsidized, and private housing. Where Is He Now? Following his fellowship, Judge Ko served as an attorney at the Texas Advocacy Project, a nonprofit organization that provides free legal services to victims of domestic violence, sexual assault, and stalking. He was appointed by the Austin City Council as an Associate Judge of the City of Austin Municipal Court in 2010. In addition to serving his community as a Municipal Judge, Judge Ko is currently a partner with the law firm of Jung Ko PLLC, focusing on immigration and business law. Judge Ko is an Advisory Board Member of the Texas Asian Chamber of Commerce and serves on President Obama’s Initiative on Asian Americans and Pacific Islanders Advisory Commission.
Mr. Dustin W. Rynders Years: 2006 – 2008 Host Organization: Advocacy Inc. City/State: Houston, Texas Issue Area: Disability Rights Project Description: Represent low-income students disadvantaged by "zero tolerance" discipline policies and advocate for systemic reform. Where Is He Now? At the completion of his fellowship, Mr. Rynders transferred to Advocacy Inc.’s Austin office as a policy specialist providing support in the areas of special education and juvenile justice. In 2009, he returned to Advocacy Inc.’s Houston office to begin a new project providing ad litem representation to long-term foster children with disabilities living in Texas Youth Commission or State Supported Living Center institutions. In April 2012, Dustin began his current position as Supervising Attorney of the Disability Rights Texas (formerly Advocacy Inc.) Education Team. In this position, Dustin represents students and parents in special education litigation and supervises a team of advocates and attorneys.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Mr. David Sadegh Years: 2006 – 2008 Host Organization: Lone Star Legal Aid City/State: Houston, Texas Issue Area: Housing/Homelessness Project Description: Create a permanent tenant’s rights organization for the low-income residents of the Houston, Texas area. Where Is He Now? After his fellowship, Mr. Sadegh remained at Lone Star Legal Aid as a Staff Attorney. In March 2011, Mr. Sadegh founded Alvear & Sadegh PC in Humble, Texas with his wife, Ms. Elaine Alvear. He practices both landlord-tenant and consumer law.*
Ms. Jessica Alas Years: 2007 – 2009 Host Organization: Montgomery County Women’s Center City/State: Houston, Texas Issue Area: Pro Se Project Description: Provide civil legal services and assisted pro se clinics to qualifying individuals, both directly and by soliciting pro bono services from area attorneys. Where Is She Now? After completing her fellowship, Ms. Alas began working at Lone Star Legal Aid. She is currently a Staff Attorney in the Houston, Texas Office.
*This data is derived solely through internet research. The Fellow did not respond to Equal Justice Works’ efforts to obtain verification of the information.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Jennifer Landau Years: 2007 – 2009 Host Organization: Diocesan Migrant and Refugee Services, Inc. City/State: El Paso, Texas Issue Area: Immigrant Populations Project Description: Provide legal representation to immigrants placed in immigration removal proceedings before the Executive Office for Immigration Review (EOIR) at the satellite El Paso, Texas holding facilities, with a special focus on refugees and victims of crime, torture, domestic violence, and trafficking. Where Is She Now? Following her fellowship, Ms. Landau continued as an attorney with Diocesan Migrant & Refugee Services, Inc., the largest provider of free and low-cost immigration-related legal services in West Texas and New Mexico. She remains there today and specializes in the area of removal defense.*
Ms. Corinna Spencer-Scheurich Years: 2007 – 2009 Host Organization: Texas Civil Rights Project City/State: San Juan, Texas Issue Area: Workers’ Rights Project Description: Establish and coordinate a self-education and self-organization effort by lowincome, Spanish-speaking, rural colonia residents along the Texas-Mexico border for consumer rights and economic justice. Where Is She Now? After her fellowship, Ms. Spencer-Scheurich remained at Texas Civil Rights Project (TCRP) and was the director of the South Texas Civil Rights Project. After nearly eight years working at TCRP, she moved to Oregon in the fall of 2012 and is working with the Northwest Workers' Justice Project. Ms. Spencer-Scheurich credits TAJF and Equal Justice Works for supporting innovative projects that reach into otherwise underserved communities in Texas and improve access to justice throughout the state.
*This data is derived solely through internet research. The Fellow did not respond to Equal Justice Works’ efforts to obtain verification of the information.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Mr. Jake Wedemeyer Years: 2007 – 2009 Host Organization: Texas RioGrande Legal Aid City/State: Eagle Pass, Texas Issue Area: Workers’ Rights Project Description: Protect eligible Texas workers and temporary foreign workers in the H-2A, H-2B and proposed H-2C guest worker visa programs from employer abuse of the visa process and employment relationship. Where Is He Now? After his fellowship, Mr. Wedemeyer became Assistant County Attorney for Val Verde County in Del Rio, Texas where he remains today.
Ms. Colleen Wisdom Elbe Years: 2008 – 2010 Host Organization: Advocacy Inc. City/State: Lubbock, Texas Issue Area: Disability Rights Project Description: Provide legal representation, advocacy, and training to children with unmet special education needs and their families who are involved in the Lubbock County Juvenile Court or probation departments. Where Is She Now? After her fellowship, Ms. Elbe remained at Advocacy Inc. (now Disability Rights Texas) where she continues to practice special education law and civil rights law. Ms. Elbe represents students with disabilities who are denied appropriate special education services or that are illegally restrained, secluded, or disciplined as interventions to manifestations of their disability. Additionally, a small part of her practice involves working with inmates at the county jail level to ensure appropriate access to mental health services.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Helena Venturini (née Coronado-Slazar) Years: 2008 – 2010 Host Organization: Equal Justice Center City/State: Austin, Texas Issue Area: Workers’ Rights Project Description: Open new access to the justice system in Texas for the working poor by providing them with innovative legal representation to fully collect unpaid wages that they have earned but have been denied. Where Is She Now? Having finished her fellowship, Ms. Venturini is currently employed with Watson, Caraway, Midkiff & Luningham, LLP where she is an associate focusing on civil litigation.
Ms. Amber VanSchuyver Years: 2008 – 2010 Host Organization: Texas RioGrande Legal Aid City/State: Edinburg, Texas Issue Area: Domestic Violence Project Description: Enhance economic self-sufficiency for survivors of domestic violence through community education, litigation, and job creation by establishing a worker-owned women’s cooperative. Where Is She Now? After her fellowship, Ms. VanSchuyver remained with Texas RioGrande Legal Aid in the Edinburg Office where she is still working to prevent domestic violence.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Sarah Bellinger-Beebe Years: 2009 – 2011 Host Organization: Advocacy Inc. City/State: Houston, Texas Issue Area: Disability Rights Project Description: Create a Special Education Clinic composed of private attorneys who will meet regularly with parents of children in need of special education services to educate them about the substance of special education law, practical advocacy tips, and methods of resolving disputes under IDEA. Where Is She Now? Following her fellowship, Ms. Beebe remained with Disability Rights Texas where she continues to advocate for disability rights. Ms. Beebe provides direct representation to students with disabilities in need of legal services in Houston, TX and the surrounding areas. Ms. Beebe provides outreach as well as educational presentations and training to parents, lawyers, advocates and all other interested parties on the topic of special education law. She also works on systemic litigation and projects that affect students with disabilities across the State of Texas.
Ms. Jessica Cassidy Years: 2009 – 2011 Host Organization: Texas Legal Services Center City/State: Austin, Texas Issue Area: Domestic Violence Project Description: Enhance economic self-sufficiency for survivors of domestic violence with children through child support enforcement, credit reparation, and economic empowerment education. Where Is She Now? Ms. Cassidy remained at the Texas Legal Services Center as a Staff Attorney following her fellowship. Her focus is primarily on consumer, health, and family law.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Abigail Frank Years: 2009 – 2011 Host Organization: Texas Civil Rights Project City/State: Austin, Texas Issue Area: Civil Rights Project Description: Use education and litigation to give victims of domestic violence adequate language interpretation services so that they have meaningful access to courts and other essential services. Where Is She Now? Ms. Frank remained with Texas Civil Rights Project (TCRP) as a staff attorney following the completion of her fellowship. Ms. Frank continues her work at TCRP to improve language access in a variety of settings including courts, hospitals, and jails.
Ms. Patricia Freshwater Years: 2009 – 2011 Host Organization: Catholic Charities of Dallas City/State: Dallas, Texas Issue Area: Immigrant Populations Co-Sponsor: Baker & McKenzie Project Description: Establish a sustainable program of on-going legal representation and advocacy for the increasing numbers of immigrants in Texas who are targeted for ICE enforcement. Where Is She Now? Following her fellowship, Ms. Freshwater opened Schwamkrug, Freshwater & Lopez PLLC, a private immigration law practice where she remains as a partner. Her practice is focused on immigration benefit services and representation of immigrants in court.*
*This data is derived solely through internet research. The Fellow did not respond to Equal Justice Works’ efforts to obtain verification of the information.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Kristin Connor Years: 2010 – 2012 Host Organization: Diocesan Migrant & Refugee Services City/State: El Paso, Texas Issue Area: Immigrant Populations Co-Sponsor: Greenberg Traurig LLP Project Description: Provide abandoned, abused, and neglected immigrant youth in West Texas and southern New Mexico a path to citizenship through legal advocacy, community outreach, and organizational capacity building. Where Is She Now? Currently Ms. Connor is working with the Federal Public Defenders office in El Paso, Texas as a Research and Writing Specialist. She continues to work on her former fellowship project on a pro bono basis.
Ms. Celina Moreno Years: 2010 – 2012 Host Organization: Texas RioGrande Legal Aid City/State: San Antonio, Texas Issue Area: Education Project Description: Obstruct the school-to-prison pipeline in San Antonio and nearby areas by informing families of their rights, collaborating with schools, fostering policy reform, and offering direct representation. Where Is She Now? Ms. Moreno remained at Texas RioGrande Legal Aid following the completion of her fellowship. She will continue working on school-to-prison pipeline issues, as well as education and juvenile justice cases more broadly.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Mr. Andrés Durá Years: 2010 – 2012 Host Organization: The Equal Justice Center City/State: Austin, Texas Issue Area: Workers’ Rights Project Description: Provide innovative legal representation to open new access to the justice system in the San Antonio area for working poor people who labor in construction jobs and are denied the wages they have earned. Where Is He Now? Following the completion of his fellowship, Mr. Durá founded a solo practice law firm in Austin, TX called The Law Offices of Andrés Durá, where he works with foreign entities looking to do business in Texas in order to solve their legal needs. A large focus of his work is developing strategic business plans and economic development models and consulting on the business effects of immigration matters.
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Texas Access to Justice Foundation’s commitment continues to this day with the Foundation’s current Equal Justice Works Fellows Ms. Adriana Rodriguez Years: 2011 – 2013 Host Organization: Texas RioGrande Legal Aid City/State: Laredo, Texas Issue Area: Immigrant Populations Project Description: Provide legal representation and access to services for undocumented, Southwest Texans who are victims of intimate partner violence and who suffer from mental illness and substance abuse. From the Fellow: “When I heard the Texas Access to Justice Foundation had agreed to support a project to increase access to legal services for undocumented survivors of domestic violence in Laredo, I was delighted. Just a year into the project, I am tremendously grateful for the chance to serve a vulnerable population in a geographically isolated part of South Texas. These survivors are amazing women who have much to contribute to their families and community. I feel very lucky to be a part of their path to independence. Thank you so very much.”
Ms. Michelle Smith Years: 2011 – 2013 Host Organization: Texas Civil Rights Project City/State: Austin, Texas Issue Area: Civil Rights Project Description: End the Accidental Death Penalty for those confined in Texas jails, prisons, and detention centers through education, implementation, and advocacy. From the Fellow: "On behalf of myself, the Texas Civil Rights Project, my clients, and the hundreds of thousands inmates across Texas: thank you, Texas Access to Justice Foundation. I am truly grateful and appreciative of the support the Texas Access to Justice Foundation has given me so that I may complete my Equal Justice Works project. Without you, I wouldn't have been able to respond to hundreds of inmate letters last year, or ensure that inmates get the healthcare and basic needs they deserve."
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Meghan Kempf Years: 2012 – 2014 Host Organization: Family Violence Prevention Services, Inc. City/State: San Antonio, Texas Issue Area: Domestic Violence Project Description: Provide legal advocacy to victims of domestic violence to address the inadequate enforcement of civil family law court orders in San Antonio, Texas through litigation services and a community education program. From the Fellow: “I would like to thank the Texas Access to Justice Foundation for sponsoring my Equal Justice Works fellowship with Family Violence Prevention Services, Inc. (FVPS). The sponsorship of the Texas Access to Justice Foundation provides me with the opportunity not only to deter violations of court orders regarding domestic violence, but also to enable victims and their families to attain stability and safety. I am very excited about the opportunity to build on FVPS's history of providing comprehensive rehabilitative services to victims of domestic violence in San Antonio.”
Ms. Sarah Loeffler Years: 2012 – 2014 Host Organization: Montgomery County Women’s Center City/State: Conroe, Texas Issue Area: Domestic Violence Co-Sponsor: The John M. O’Quinn Foundation Project Description: Provide permanent legal solutions to victims of domestic violence in Montgomery County, Texas through direct representation, public education, and community involvement. From the Fellow: “I want to thank the Texas Access to Justice Foundation and the John M. O’Quinn Foundation for making it possible for me to pursue my passion. I am thrilled to have the opportunity to address the lack of legal services for low-income persons as well as to address the multiple legal challenges facing victims of domestic violence. Through your support and belief in me, I am educating the community on legal issues facing victims of domestic violence and helping to further opportunities for much-needed free legal services for victims. Thank you so much for your generosity, for understanding the importance of providing legal assistance to those who have nowhere else to turn, and for giving me the opportunity to be a voice and advocate for those in need.”
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PROFILES OF FELLOWS SPONSORED BY THE TEXAS ACCESS TO JUSTICE FOUNDATION
Ms. Christine Nishimura Years: 2012 – 2014 Host Organization: Disability Rights Texas City/State: Austin, Texas Issue Area: Disability Rights Co-Sponsor: Greenberg Traurig LLP Project Description: Provide legal advocacy and teacher and attorney training to ensure minority special education students at risk of the juvenile justice system receive academically and culturally appropriate literacy programs and other necessary special education services. From the Fellow: “When I decided to leave teaching and go to law school, my main goal was to find a job where I could focus on both individual student success and systematic change of the American education system. I can say proudly that I have achieved my goal and I could not have done it without the Texas Access to Justice Foundation and Greenberg Traurig. Most recent law graduates do not have the opportunity to develop and implement their dream job right out of law school, but that is exactly what I get to do. As a staff attorney with Disability Rights Texas, I work directly with students, teachers, and school districts to provide minority special education students with a better education. TAJF has really made what seemed like the impossible come true. It is an honor to be chosen by TAJF as an Equal Justice Works Fellow. Thank you from the bottom of my heart for giving me the opportunity to pursue my dream!”
Ms. Keegan Warren-Clem Years: 2012 – 2014 Host Organization: Texas Legal Services Center City/State: Austin, Texas Issue Area: Health Care Project Description: Create a medical-legal partnership (MLP) in the underserved community of Dove Springs in Austin, Texas to assist patient-clients with legal issues causing or exacerbating their medical conditions. From the Fellow: “I am very grateful to Texas Access to Justice Foundation for providing me with the opportunity to found the Austin Medical-Legal Partnership, through which I work to address socio-legal issues causing or exacerbating health problems. I wake up excited every morning about my “dream job”—about the chance to learn something new and help someone in need. Words cannot express my gratitude to TAJF for making my Equal Justice Works Fellowship possible, so I will keep it simple: Thank you.”
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Exhibit 9
Board of Directors Richard L. Tate, Chair, Richmond Deborah G. Hankinson, Vice Chair, Dallas Ray Farabee, Secretary, Austin Hon. Pete P. Gallego, Treasurer, Alpine Carol M. Barger, Dallas G. Joseph Barrientos, Corpus Christi Lamont A. Jefferson, San Antonio Roland K. Johnson, Fort Worth Andrew Kerr, San Antonio Jon D. Levy, Austin Margarita Sanchez, El Paso Rose Wilson, Lubbock Staff Betty Balli Torres, Executive Director Jonathan Vickery, Associate Director & Director of Grants Abel Rosas, Director of Finance Lisa Melton, Special Projects Manager Kimberly Schmitt, Communications Manager Lisa Ayotte, Assistant to Executive Director Janice Cappiello, Assistant to Director of Finance Jessica Murray, Grants Administrative Assistant
P.O. Box 12886 Austin, Texas 78711 512-320-0099 www.teajf.org
Luncheon with the Supreme Court of Texas October 22, 2012
Texas IOLTA Prime Partner Banks Prime Partner Banks go beyond eligibility requirements by paying higher interest rates; ensuring more funding for legal aid. The indicates banks that have participated for five or more years. Allegiance Bank Texas Alliance Bank Central Texas Amarillo National Bank American Momentum Bank Austin County State Bank Bank of the Ozarks Bank of San Angelo Bank of Tyler Central Bank Citizens Bank Collin Bank Commerce National Bank Commercial National Bank of Texarkana Community Bank of Warren East West Bank F & M Bank & Trust Co. Falcon International Bank Fidelity Bank of Texas First Bank & Trust First Bank Texas Mid-Cities (Bedford) First Community Bank First Federal Community Bank First National Bank (Gilmer) First National Bank of Ballinger First National Bank of Burleson First National Bank Southwest First Savings Bank (El Paso) First State Bank (Ennis) First State Bank (Paradise) 1st State Bank Mineral Wells First-Lockhart National Bank Gladewater National Bank Happy State Bank Heritage Bank Hondo National Bank Horizon Bank Huntington State Bank
IBERIABANK Independence Bank Independent Bank LegacyTexas Bank Lindale State Bank Lone Star National Bank Lowery Bank Lubbock National Bank Neighborhood Credit Union NewFirst National Bank Normangee State Bank North Dallas Bank & Trust Co. Northstar Bank of Texas PlainsCapital Bank Preston State Bank R Bank, Texas Sage Capital Bank Santa Anna National Bank Security State Bank Share Plus Federal Bank Southwestern National Bank Spring Hill State Bank Star Bank of Texas Texas Bank Texas Bank Financial Texas Brand Bank Texas Exchange Bank Texas Security Bank Texas State Bank Third Coast Bank Town North Bank TrustTexas Bank Union Square Federal Credit Union United San Antonio Federal Credit Union Union State Bank Vision Bank - Texas
Luncheon with the Supreme Court of Texas October 22, 2012 — Omni Austin Hotel Downtown Welcome and Introductions Justice Nathan L. Hecht, Supreme Court of Texas Keynote Speaker Richard Horstman, Retired Assistant General Counsel Marathon Oil Company Access to Justice Award Presented by Richard L. “Dick” Tate, TAJF Chair Construction Law Section of the State Bar of Texas Access to Justice Award: Texas Equal Justice Works Fellowships Presented by Andrew Kerr, Committee Chair Greenberg Traurig, LLP The John M. O’Quinn Foundation Texas Equal Justice Works Fellow Adriana Rodriguez, 2011-13 Fellow Prime Partners in Justice Recognition Deborah Hankinson, TAJF Vice Chair 20-Year Pro Bono College Honorees William O. Whitehurst and Ronald “Ned” Dennis Partners in Giving: Champions of Justice Law Firms