Austin Lawyer, December 2020/January 2021

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Officeholder Funds Support a Legacy of Funding Retiring Judges Provide Access to Justice for Low-Income Texans BY THE HON. SUZANNE COVINGTON

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hen a judge retires or leaves office, where does the unused money their campaign raised go? There’s a simple answer designated by the Texas Ethics Commission. Upon retirement, a judge must properly dispose of surplus funds in their officeholder account by either donating them to a charitable cause or using them in a way that is acceptable under the rules of the Commission. Acceptable ways of using these funds include paying expenses you incur as an officeholder, contributing them to another campaign or candidate, or establishing a personal PAC to distribute the funds—in other words, you just can’t convert them to personal use. With all of these restrictions in mind, why not just donate excess funds to a cause you feel called to? Retiring from judicial work after three decades was truly bittersweet. I am grateful for the years I was able to serve Texans from the bench, but I also know that there is still a lot of work to be done to ensure that our judicial system works for everyone. It was this understanding that led me to donate my excess officeholder funds to the Legacy

Fund of the Texas Access to Justice Foundation (TAJF) and the Austin Bar Foundation. The Legacy Fund for Access to Justice was created when former Texas Supreme Court Chief Justice Wallace B. Jefferson retired and generously donated the funds in his officeholder account to the Texas Access to Justice Foundation, the state’s leading funding source for civil legal aid organizations. It’s because of the Foundation’s work that more than 140,000 Texas families receive free or low-cost civil legal help each year, and I couldn’t think of a better home for the extra funds my office had raised over the years. Funds in officeholder accounts give retiring judges and those retiring from public office an easy way to make a significant difference as they leave their positions. Here are a few reasons why donating to organizations like TAJF and the Austin Bar Foundation and supporting access to justice in Texas is a great choice for those funds: • Legal aid providers are a lifeline for those impacted by COVID-19. During this pandemic, this aid has become essential to helping hundreds of thousands of Texans who

are experiencing poverty; loss of their job, home, or healthcare; or domestic violence. • Nearly 5.2 million Texans qualified for legal aid before the COVID-19 pandemic, making Texas home to the second-highest number of low-income residents in the nation. However, only about 10% of their legal needs are being met due to a lack of resources. • Out of the entire U.S., including Washington D.C. and Puerto Rico, Texas ranks 47th in access to legal aid lawyers. For every 7,000 Texans who qualify for legal aid, there is approximately only one legal aid lawyer. • It is civil legal aid providers who step up to ensure struggling Texans aren’t left behind, and it is accessible legal guidance that allows them to regain their footing as quickly as possible.

The Honorable Suzanne Covington began her judicial career in 1990 and served in the 201st District Court in Austin from 1995-2010. She has been an advocate for legal aid throughout her legal career and is a former member of the board of directors of the Texas Access to Justice Foundation.

lawyer. By donating my officeholder funds, I am able to play a As a former member of the small part in helping ensure that TAJF board of directors, I adequate funding is attributed to have seen the good work the the pursuit of access to justice for Foundation does for Texans and all Texans, regardless of income have witnessed lives changed or status. That is why I’ve chosen by the ability to access justice. to donate my unexpended funds As a judge for three decades, to the Legacy Fund for Access to AUSTIN LAWYER I have seen the doors of the AL A L Justice. courthouse—a beacon of our democracy—closed and inaccessible to those who cannot afford a

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DECEMBER 2020/JANUARY 2021 | AUSTINLAWYER

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