SUMMONS NEWSLETTER SEPTEMBER EDITION

T H E S U M M O N S

ON THE COVER

At our HCBA law section chair meeting held at Rio Bank We have President Kelly Salazar, Chair of the Real State Law Section

Sandra Falcon, Chair of the Child Welfare Section Pete Espinosa, Executive Director Abraham Garcia, Chair of Civil Trial Section

Guillermo Tijerina, Chair of Criminal Law Section Jose Ozuna, CoChair of Appellate Law Section Scott Clark, Co-Chairs of Immigration Law Section Joanna Serrato and Miriam Ayala, Cochair of the Business Law and Commercial Litigation Section

Deborah Cordova, Co-Chairs of the Women’s Bar Section

Savannah Gonzalez, and Alejandra Robledo, Accompanying our board are Cecilia Johnson the Vice President and Trust Officer at Rio Bank Wealth Management & Trust, Luis A Hernandez the Trust Investment Officer at Rio Bank as well as Kenneth MattyWalters Trust Administrative Assistant at Rio Bank.

Dear Esteemed Members of the HCBA,

Your Hidalgo County Bar Association Board of Directors and Staff have been hard at work planning a great lineup of new upcoming events, CLE conferences, and other mixers tailored just for you. On August 17th we kicked off the new bar year with our HCBA’s View from the Bench. We had a great line up of speakers that including judges from the federal courts, 13th Court of Appeals, county courts, and specialty courts. We thank everyone who attended and we also thank all of our sponsors for continuing to support our vision and endeavors.

As we look forward to upcoming events, I would like to personally invite all of you to come out and participate in our annual Par Fore Justice Golf Tournament. Our golf tournament committee, led by Ruben Ramirez and Minerva Zamora, are working hard to bring this great event to fruition.

I am also excited to announce that we are bringing back our Veterans Wills clinic. One of our goals this year is to keep bringing awareness to our local veterans.

Last but not least, I hope all of you continue to stay involved in your local bar. We ask that you encourage your newly licensed colleagues to join the HCBA, attend one of our events, and benefit from all we have to offer!

Sincerely,

Kelly Rivera Salazar

HCBA Board President

President Salazar,KellyR LinebargerGogganBlair& Sampson.LLP

President-Elect Richardson,Regina'Regi' LawOfficeofRegina"Regi" Richardson

Secretary Benavides,Alexandro"Alex" HidalgoCountyDistrictAttorney's Office

Treasurer Falcon,Sandra LewisPenaFalcon&Cook

Director Falcon,HenryIII LoncarLyonJenkins Director Benavides,Clarissa ToyotaFinancialServices 2 0 2 3 - 2 0 2 4

Director Garcia,EloyJr LawOfficeofEloyR GarciaJr

Director Tijerina,GuillermoJr Tijerina&Denzer

Director Elizondo,Lydia MountLaw,PLLC

Director Ozuna,Jose HidalgoCountyPublicDefender's Office

Director Torres,Hector Colvin,Saenz,Rodriguez&Kennamer, LLP

Director Koeneke,Daniel Ellis,Koeneke&Ramirez,LLP

Director Ramirez,JudgeMario HidalgoCounty332ndDistrictCourt

Director

Sepulveda,Lauren CityofMcAllenMunicipalCourt

Director Zuniga,RickA. Atlas,Hall&Rodriguez,LLP

A GLIMPSE OF THE PAST MONTH

These pictures from our September Civil Trial CLE serve as a poignant reminder of an enriching event. At the center of this memorable gathering is our esteemed speaker, Jose W. Hernandez, whose dedication to imparting wisdom and expertise made this event truly exceptional.

These captivating pictures chronicle the significant moments from the inaugural Business Law and Commercial Litigation CLE. Speaker Ray Thomas wowed us with expertise, and we thank him for his valuable time!

A Heartfelt Thanks to Lone Star National Bank for Hosting and Sponsoring our Lunch CLE! Your Support Is Invaluable.

Expressing Our Deep Gratitude to All Participants of the Family Law CLE with the Honorable Judges Carlos Villalon and Israel Ramon!

Your Presence and the Judges'

Insightful Contributions Made This Gathering Truly Special.

Gratitude to Judge JoAnne for generously sharing her insights amidst her busy morning.

Exciting updates are on the horizon for her court! Also, a huge shoutout to Linebarger for not just hosting, but also sponsoring this delightful breakfast!

UPCOMING CLE’S AND EVENTS

EVENTS AND CLE’S

October 4th - Legislative

Update on Senate District 27

October 5th - “Fiduciary

Litigation Update” CLE

October 5th - “Practice

Points & Pitfalls Associated with Asset Purchase and Stock Purchase Agreements” CLE

October 21st - Par Fore

Justice Golf Tournament

October 27th - Veterans 1st

Annual Claim Summit

October 29 - Monster Bash

November 9th - HCBF Heart Gallery

December 14th - Black Robe

MAKE SURE YOU REGISTER FOR THE CLE’S THAT YOU ARE INTERESTED ON.

THERE IS LIMITED SPACE!!

HIDALGO COUNTY BAR FOUNDATION HIDALGO COUNTY BAR FOUNDATION

CHARITABLE GOLF TOURNAMENT CHARITABLE GOLF TOURNAMENT SPONSORED

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George Pitchford Timm Davis

ARTICLES, MOVIES AND BOOKS REVIEWS FOR SEPTEMBER

DEPARTING WORDS

BY CHIEF JUSTICE DORI CONTRERAS

Serving on the 13th Court of Appeals has been the privilege of a lifetime. I was first elected as a Justice in 2002 and was elected Chief Justice in 2018, becoming the first woman Chief on the 13th Court and the second Latina Chief statewide. My term as Chief expires at the end of 2024. After 22 years of service on the court, I will not seek re-election. When I ran for Chief Justice, I promised I would manage the court effectively and be active in statewide and national chief judge organizations. I am proud to say I lived up to that promise by running an efficient court and serving in leadership roles locally as well as at the state and national level. It’s been an interesting and exciting time on the court but not without its challenges. When I became Chief Justice, due to insufficient funding from the state, I was forced to make some very difficult decisions regarding staff. I was put to the test right off the bat! And, very soon after, COVID hit and we had to adapt to remote work, something the court had never done before. Then, because sore luck seems to come in threes, two months later, the entire statewide appellate court system suffered a ransomware attack that destroyed our case management system. For two months, we had to improvise and be very resourceful to continue disposing of appeals. Notwithstanding those challenges, our court continued to be productive and remained efficient as it has through today. There are fourteen courts of appeals in Texas and each one has a Chief Justice. The fourteen chiefs make up what is known as the Council of Chief Justices. The Council meets regularly in person and electronically to collaborate on issues that are important to the courts. Every two years, a Chair of the Council is elected. Two years ago, my colleagues honored me by electing me Chair because they saw a leadership quality in me that would serve the council well during the recent legislative session. As Chair, I was the spokesperson for the Council and the fourteen courts of appeals. While there were many bills that impacted the courts, the most significant was the budget. All fourteen courts have been operating on shoestring budgets for many years, so our priority was to obtain more funding. This was not an easy task because there were many groups seeking additional funding considering the money that was reportedly available. I testified numerous times in person and in writing before House and Senate committees. I visited with many senators and representatives making our case. I spent a lot of time in Austin all while continuing to manage the court and my docket. In the end, these efforts were successful, and the courts of appeals received additional funds this biennium which have enabled us to compensate our staff competitively and properly fund our operations.

DEPARTING WORDS

Our staff is very happy with the increased wages they are now receiving, which they deserve and most certainly earn. I am very proud of this accomplishment. In addition to my statewide activities, I serve on the board of the Council of Chief Judges for the State Courts of Appeal (CCJSCA). This is the national organization of intermediate appellate court chiefs. I am on the leadership track for this group and set to become the first Latina president of the organization. I will continue my involvement because “once a Chief, always a Chief” with this organization. Leaving the court will be bittersweet but I will be pursuing other ventures. I won’t use the word “retiring;” I’m simply completing my service on the court. I intend to establish a mediation practice, which is something I successfully did before I joined the court. I will also be available to serve as a visiting judge so I will not leave the judiciary entirely. Plus, I hope to teach at a university or a law school. The sky will be the limit in this next chapter of my life. And, of course, I am looking forward to having the flexibility to spend more time with my family, especially my five grandkids who are growing up very fast! I am very grateful to those who supported me throughout this journey, many whom have been with me since I first ran (and lost) in 1996! Because of my supporters, I have enjoyed a meaningful career with purpose and, hopefully, made a difference in the lives of people. I appreciate the trust placed in me each time I was elected to the court. I have received numerous recognitions and awards of which I am very proud. I would like to mention the two most recent: In June, the Women in the Law Section of the State Bar of Texas honored me with a Lifetime Achievement award established in the name of Sarah T. Hughes, who is best remembered as the federal judge who swore in Lyndon B. Johnson as president aboard Air Force One following the assassination of President John F. Kennedy, who had originally appointed her to the federal court. Many thanks to Deborah Cordoba for nominating me for this award which is given to women attorneys who have: (i) achieved outstanding recognition in their professional areas, and (ii) in so doing, paved the way for other women attorneys’ successes. Serving as a positive role model to young women is very important to me and is one of the reasons I ran for Chief Justice. In September, I was honored as one of twenty-eight University of Houston Law Center alumni “pioneers” who have “achieved significant accomplishments” to have their portrait hung on the “Ezequiel Reyna Jr. and Livia Reyna Hispanic Law Heritage Wall of Honor.” The photos are on display at the beautiful, newly constructed John M. O’Quinn Law Building in Houston outside of the classroom named in honor of the Reynas. It is with tremendous pride and comfort I will leave knowing I made a positive impact on the court and in the community and, because of my efforts, my successor will assume leadership of a court that runs efficiently, is recognized for its sound jurisprudence and is staffed with very happy employees.

THE MODERN LAWYER: BALANCING MENTAL HEALTH AND THE BURDEN OF PRACTICING LAW

BY HON LAUREN RENEE SEPULVEDA

To the casual observer, when attorney Ryan Keith Wallace left his office at Hunton Andrews Kurth, LLP, on December 5, 2018, he would seem the picture of success. The young man had just graduated summa cum laude from South Texas College of Law, been recently admitted to the Texas Bar, and had married the love of his life, Kyrie Cameron, a few months earlier. He seemed to be a young man who had everything going for him. But that Wednesday afternoon, Ryan walked out of his office, went home, and ended his own life.

Unfortunately, Ryan Wallace’s story is not an outlier among attorneys. The CDC ranks lawyers fourth highest of all professions for proportion of suicides. According to the American Psychological Association, we are also 3.6 more times likely to suffer from depression than nonlawyers. Lawyers also suffer a higher rate from alcoholism than the general public. Research has shown that although lawyers suffer from higher levels of depression and anxiety than the general population, most do not enter law school already dealing with those mental health issues. Because of these alarming statistics, bar associations across the nation have made attorney wellness and suicide prevention resources a priority for practicing and future attorneys.

What is it about our profession that is leading lawyers to become unwell? The leading theory among scholars is that the culture of overwork and chronic stress that begins in law school and continues into the profession lead to the increased rates of anxiety, depression, and suicide we see in lawyers. Unfortunately, it seems these traits won’t be leaving the culture of the profession any time soon. This leaves the modern lawyer in the position of precariously balancing their wellness with the burdens and stresses of practicing law. While we may not be able to change the triggers in the profession overnight, we can and should develop resources for those in need and create an environment where lawyers feel comfortable letting others know when they’re struggling. The State Bar of Texas has committed several resources and projects to address this epidemic in the profession. The Texas Lawyers Assistance Program (TLAP) confidentially assists lawyers and law students in the areas of wellness, suicide prevention, stress & anxiety, substance abuse, mental health issues, and cognitive decline.

THEMODERNLAWYER

While we may not be able to change the triggers in the profession overnight, we can and should develop resources for those in need and create an environment where lawyers feel comfortable letting others know when they’re struggling. The State Bar of Texas has committed several resources and projects to address this epidemic in the profession. The Texas Lawyers Assistance Program (TLAP) confidentially assists lawyers and law students in the areas of wellness, suicide prevention, stress & anxiety, substance abuse, mental health issues, and cognitive decline. Current State Bar President Cindy Tisdale made the support and promotion of lawyer wellness and the expansion of member benefits regarding counseling a keystone of her presidential platform. Texas Young Lawyer Association (TYLA) President Laura Pratt has also committed to expanding TYLA’s BSAFE (Battling Substance Abuse for Everyone) project and is developing mental health resources for law students. Currently, more and more law schools are better educating their students about substance abuse, work/life balance, and suicide prevention. Culture changes slowly but it does change. I use my own experience as an example. When I first joined the profession in 2011, it was widely known if you were struggling, you didn’t say a word about it. As a young lawyer, no one spoke to me about mental health, either mine or theirs. While substance abuse was occasionally brought up, it was typical for someone to call out a lawyer for having a problem but then show no real concern about treatment, underlying causes, and getting them help. There was a deep stigma surrounding mental health and substance abuse and no one wanted to be seen as a “weak” lawyer. But over the years, that culture has slowly shifted. The State Bar started including speakers on attorney wellness and substance abuse at their state-wide conferences. I remember sitting at a Local Bar Leaders Conference and watching State Bar of Texas Past President Allan Dubois speak about his own struggles and the importance of the Texas Lawyers Assistance Program in front of a group of the most prominent lawyers in Texas. The bravery he displayed in doing so was incredible, but even more amazing was the number of times that weekend I heard other lawyers saying they could relate to his struggles. Locally, we started speaking more about the mental wellness and substance abuse struggles among ourselves and our colleagues. The culture slowly shifted from a “buck up” mentality to a place where we are encouraged to check in on each other and let someone know if we need help. In 2020, I was inspired to share my own wellness journey and the importance of recognizing signs of compassion fatigue and vicarious PTSD with prosecutors across Texas in an attorney wellness series put on by Texas District and County Attorneys Association.

THEMODERNLAWYER

There has been a much needed reckoning among all in our profession that our job is extremely challenging and it’s ok to need help navigating through that sometimes. Each September marks the National Alliance on Mental Illness’ “Suicide Prevention and Awareness Month”. NAMI notes that suicidal thoughts can affect anyone regardless of age, gender, or background. Organizations like NAMI hope that by raising awareness and discussing suicide publicly, they will destigmatize the topic and spread hope and vital information to people affected by suicide and suicidal thoughts. In the spirit of Suicide Prevention and Awareness month, I ask we all check in with each other and ourselves and make sure we’re helping build a professional community where attorney wellness is encouraged and support is given for those who need it. If you or an attorney you know may need some extra help, please contact Texas Lawyers Assistance Program. All referrals to TLAP are confidential.

Following below is some information regarding the signs of suicidal ideation, tips on what to do if you think someone may be suicidal, and attorney wellness resources available for us all.

Be well!

Common signs of suicidal ideations:

Talking about suicide

Trouble eating or sleeping

Drastic changes in behavior

Withdrawal from friends or social activities

Loss of interest in work or hobbies

Preparations for death, including making a will, giving away prized possessions, and final arrangements

Previous suicide attempts or ideations

Taking unnecessary risks

Recent serious loss

Preoccupation with death or dying

Losing interest in personal appearance

Increased alcohol or drug use

THEMODERNLAWYER

What can we do if we suspect someone is contemplating suicide?

Be direct—talk openly and matter-of-factly about suicide and ask about thoughts or plans of suicide.

Be willing to listen—allow expressions of feelings from others and accept those feelings. Be non-judgmental—don’t debate whether suicide is right or wrong, or whether feelings are good or bad. Do not lecture on the value of life.

Believe what they say—take words and actions seriously. Get involved—become available and show interest and support.

Don’t act shocked—this can put distance between yourself and the person disclosing their feelings.

Offer hope—let them know alternatives are available. Take action—remove means like weapons or substances. Get help—from people or agencies specializing in crisis intervention and suicide. Attorney Wellness Resources

Texas Lawyers Assistance Program

https://www.tlaphelps.org

TLAP Free 1 Hour CLE on Depression and Suicide Prevention: https://www.texasbarcle.com/CLE/AABuy1.asp?sProductType=EV&lID=19731

TYLA’s Attorney Wellness Hub (includes Ryan Wallace’s story and many others, tips on the culture of wellness, and resources for help)

http://texaslawyercare.tyla.org/

TYLA Breaking the Silence: A Path to Mental Health Project (covers suicide and other mental health issue)

https://tyla.org/resource/breaking-the-silence-a-path-to-mental-health/

TYLA Compassion Fatigue Awareness Information

https://tyla.org/wp-content/uploads/gravity_forms/3-

397e8575e360e36918ded152e292336c/2019/07/TYLA_Compassion-Fatigue_Pushcard-18PRESS-no-marks.pdf

TYLA Suicide Prevention Guide

https://tyla.org/resource/tyla-suicide-prevention-guide/ Texas Health & Human Services

https://www.hhs.texas.gov/sites/default/files/documents/suicide-prevention-walletcard.pdf

MOVIE REVIEW

BY GREGORY TURLEY

What’s your favorite Legal Book/Movie? Chances are you might answer - To Kill A Mockingbird? But Just Mercy takes that narrative and adds something unbeatable. As Judge Kenneth Hoyt once said, “the truth is always compelling.”

Just Mercy, the book by Bryan Stevenson, is a nonfiction story about a young black lawyer in Montgomery, Alabama, Bryan Stevenson himself. As one of the few black criminal defense lawyers in that part of Alabama, he develops a specialty in death penalty cases involving actual innocence. The sweep of his career starts in the 90s, but many of the men already on Death Row were tried years before.

The main story is of Walter McMillian, a resident of Monroeville, Alabama. Fans of To Kill A Mockingbird will recognize Monroeville as the hometown of Harper Lee and the movie filming location. But “Even though Walter McMillian had lived in Monroeville his whole life, he had never heard of Harper Lee or To Kill A Mockingbird.”

Just like Tom in To Kill A Mockingbird, Walter was accused of rape of a white woman As part of an effort to break him down, Walter was sent pre-trial to be an inmate on Death Row at Holman Prison, home of the electric chair known as “Yellow Mama.” While there he got a close look at another inmate’s execution, Herbert.

There is a lot of history and legal information that comes out. For example, at the time “Nearly all prisoners on Death Row had been tried by all-white or nearly all-white juries.”

Some also got to Death Row by a “Judge’s Override” which allowed a judge in Alabama to impose a death penalty even after the jury had chosen life imprisonment.

The movie follows Walter (Jamie Foxx) being arrested and imprisoned and his defense by Bryan (Michael B Jordan) There are gripping scenes of Bryan as attorney being embarrassed coming into the courthouse and Bryan being harassed in his everyday activities. Plus the execution of Herbert (Rob Morgan) is very emotional for all involved. But Walter does get his day in court for the high point of the story.

Five Stars for both the book and the movie. The movie had the unfortunate timing of coming out in early 2020, but is available streaming.

MEET THE STAFF

AbrahamJ. Garcia ExecutiveDirector

Abraham Garcia holds the esteemed position of Executive Director at the Hidalgo County Bar Association, a role he has dutifully fulfilled since 2020 Mr Garcia's tenure with the organization spans several years, and he has been a committed member since 2017 He has always been a staunch advocate of the HCBA's values and mission, and his work has always reflected his dedication to these ideals

Apart from his professional pursuits, Mr Garcia is an avid lover of the outdoors. He finds solace in hiking and traveling and cherishes spending quality time with his dogs and fiancé. Although he has a natural inclination towards altruism, Mr. Garcia admits that his work at the HCBA is also selfserving to an extent. He finds immense fulfillment in his role and takes pride in his contributions to the organization. Mr. Garcia has played a pivotal role in the HCBA's youth-focused initiatives. The Heart Gallery is one such program that he has been instrumental in, which aims to provide assistance to foster care children. Additionally, he has been an active participant in the toy drive that benefits underprivileged children living in Arise Muñiz's colonias Through these efforts, Mr Garcia has demonstrated his unwavering commitment to social responsibility and community service

ShalomM.Almeida Marketing&CLE Coordinator

Allow me to introduce you to Shalom Almeida the Marketing and CLE Coordinator who recently joined our association in August.

Since her college days, Shalom has had a strong desire to work in the nonprofit sector, and she is thrilled to be part of an organization that aligns with her personal values and mission.

Beyond her passion for her work, Shalom also enjoys traveling, and with her fiancé, she has set a goal to visit every baseball stadium in the country. She finds the beach soothing and likes to swim to unwind.

Shalom is committed to being an active member of the community and is eager to contribute to making it a better place for everyone. We look forward to seeing her grow!

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