Dallas Bar Association
HEADNOTES
Focus Criminal Law
October 2012 Volume 37 Number 10
Gruber Hurst Johansen Hail Shank LLP Launch Access to Justice Campaign by Alicia Hernandez
Access to justice is a hallmark of our society. The final phrase of our pledge of allegiance sums up the American dream of access to our courts—“and justice for all.” Many of us grew up reciting those words, taking them for granted, and believing in the promise that justice would be served. But, every day the promise rings hollow for the many who are denied access to a judge or jury simply because they cannot afford a lawyer. Many of these people, the working poor, are simply struggling to get by. Once they pay the rent, put food on the table, and clothe their children, there is simply no money left for lawyers. And, without a lawyer, they find it nearly impossible to protect themselves from abuse, save their homes, or keep predators from trampling their rights. Many will find their way to legal aid programs, and some are helped. But, with only one legal aid attorney in Texas for every Left to right: G. Michael Gruber, Michael K. Hurst, Mark L. Johansen, Brian N. Hail and Mark A. Shank. 11,512 people who qualify for free legal help, many, many people in need simply go withThis is the reality of our justice system able to support the campaign and make our out. system more accessible to everyone.” today, but it does not have to be this way. Without access to justice, “Sue,” an Gruber Hurst’s support of DVAP is no surEvery year, the Dallas Bar Association and abused mother of two, will not be able to pro- Legal Aid of NorthWest Texas join forces to prise, and the firm’s trial practice is not the tect her children from their abusive father promote access to our justice system through only thing that makes them devoted to the who has hired a lawyer. She has no money its annual fund raising campaign for their cause. The firm’s attorneys not only have a and no training to ensure that the court hears joint pro bono program, the Dallas Volunteer strong commitment to legal aid to the poor, what she has to say. “Blake” and his wife will Attorney Program (DVAP). And, every year, but they are also involved in numerous combe evicted from their apartment while their law firms and attorneys heed the call to action munity service activities. landlord disregards the law and keeps what to renew the promise of justice for all. Hurst, a past President of the Dallas Assolittle family possessions they own. “Joe” will The lawyers of Gruber Hurst Johansen ciation of Young Lawyers, is a Big Brother lose his car to an unscrupulous mechanic, Hail Shank LLP have answered the call. The through Amachi and has chaired the DBA’s making it impossible for him to get to and firm has kicked off this year’s Equal Access to Education Symposium and the DBA’s Law from work every day. Day, Law in the Schools and Mentoring Justice Campaign with a $25,000 gift. Out of desperation, some people take mat“As trial lawyers, we see daily the impact Committees, all projects that promote both ters into their own hands, oftentimes making that bench and jury trials have on our clients. public education and law-related educational ill-fated attempts to represent themselves. Having access to that type of justice shouldn’t opportunities for the underprivileged. Mike They will do their own research, draft their be limited to those people who can afford it,” Gruber, honored earlier this year with the own pleadings, and try to be heard. Some said Michael K. Hurst, partner at Gruber Justinian Award for his longstanding volunare brave and defiant, but most are scared to Hurst Johansen Hail Shank and Chair of this teerism, is an avid community volunteer for death about trying to help themselves. year’s campaign. “We are very pleased to be many groups, including Habitat for Human-
ity and North Texas Big Brothers and Big Sisters. Mark Johansen is a past Director for North Texas Big Brothers and Big Sisters and has also served with Launch Ability, United Way and the March of Dimes. Brian Hail is a past and founding board member of the National Breast Cancer Foundation, is active in Hillcrest Church and serves as an advisor to multiple Christian overseas mission organizations. Mark Shank, a past President of the DBA and a past chair of the Equal Access to Justice Campaign has been a strong supporter of DVAP for nearly 20 years. For more information on the Campaign or the Dallas Volunteer Attorney Program, please contact Alicia Hernandez at (214) 220-7499 or ahernandez@dallasbar.org. Recognition levels and donor benefits are available at www.dvapcampaign.org. In addition, all individual donors at the $1000 level and above and all firm and corporate donors at the $5,000 level and above who pledge by December 10, 2012 will be recognized in a full-page ad in the Dallas Morning News on Sunday, December 16, 2012 and in Texas HN Lawyer in February 2013. Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
TRIAL BOUTIQUES SUPPORT CAMPAIGN | Equal Access to Justice Campaign Kicks Off The Dallas Bar Association and Legal Aid of NorthWest Texas kicked off their annual Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program in September with a number of Dallas’ trial boutiques committing major support, along with large law firms, corporations and friends. Please join the DBA and Legal Aid in recognizing and thanking the following for their generous gifts to the Campaign*:
CHAIRMAN’S COUNCIL ($25,000) Gruber Hurst Johansen Hail Shank LLP Honorable Deborah G. Hankinson Payne Mitchell Law Group L.L.P. DIAMOND ($15,000) AT&T The Mike and Barbara Lynn Philanthropic Fund
PLATINUM ($10,000) ELROD, PLLC Friedman & Feiger, LLP Godwin Ronquillo PC Jones Day The Hartnett Law Firm Koons Fuller Lynn Tillotson Pinker & Cox, LLP Mike McKool, Jr. Vinson & Elkins LLP
GOLD ($5,000) A.H. Belo Corporation Anderson Tobin PLLC Belo Corp. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Energy Future Holdings, Luminant & TXU Energy Cheryl Engelmann Hartline Dacus Barger Dreyer LLP Jackson Walker L.L.P. Mark L. Johansen
*Donors as of press time.
Law firms, corporations and individuals wishing to make a pledge will be prominently recognized beginning at the $5,000 level each month through January. To donate please contact Alicia Hernandez, ahernandez@dallasbar.org. For more information about the Campaign see www.dallasbar.org/dvapcampaign. The severe recession has hit poor people especially hard. More than 600,000 people in Dallas County qualify financially for DVAP's help.
Inside 5 Harriet Miers Selected for Professionalism Award 8 DVAP Celebrates 30 Years 11 The Fine Art of Making a Criminal Referral 15 Close Encounters of the Police Kind
October Focus: Criminal Law Section This month’s Headnotes articles focus on the topic of Criminal Law. The DBA Criminal Law Section serves the needs of criminal law practitioners in the Dallas area. The sections speakers cover topics of general interest and ethics is covered at least once a year. Join this Section for $20, by contacting kwatson@dallasbar.org.