4 He a d n o t e s l D a l l a s B a r A s s o ciation
Jul y 2014
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
Pipelines Scott M. McElhaney
It might seem odd at first for a bar association to be concerned with pipelines. Some oil and gas lawyers and land use lawyers work on issues surrounding the kinds of pipelines that transport oil to refineries and natural gas to end users. Many communications lawyers are following the debate about net neutrality for what some might term the “pipelines” that carry internet traffic. But those are not the sorts of pipelines the Dallas Bar addresses. Several programs we sponsor each year deal with pipelines of a more metaphorical nature—the pipelines that operate in society and channel people towards both dangers and opportunities. I want to take this opportunity to tell you about some of these programs. One pipeline Dallas Bar members are addressing this year is one that needs to be stopped: the so-called schoolto-prison pipeline. Rutgers University professor Paul Hirschfiled has argued that “American schools increasingly define and manage the problem of student discipline through a prism of crime control.” His research suggests that a weak economy, high unemployment—especially in poor and minority communities—and strained school district budgets have combined with school disciplinary procedures and the perceptions of some school administrators in ways that turn school discipline issues into criminal justice issues. Instead of treating fighting and unruly behavior at a school as issues to be handled through detentions or suspensions, some of these incidents are turned over to the criminal justice system when it may not be entirely appropriate to do so. This practice has apparently occurred in Texas with some frequency. Teachers and principals have dealt with much student misbehavior, but some school districts have had school police handle incidents such as disruption of class or fighting by charging students with Class C misdemeanors. While Class C misdemeanors are the least serious criminal offense, a person charged with that kind of crime must appear before a county or municipal judge and can face a fine of up to $500 if found guilty. Someone who does not pay can later be arrested, and even if a fine is paid, records of the incident have been known to appear on some criminal background checks when they should not have. In its last session, the Texas Legislature passed a law to address this practice. Senator Royce West shepherded to passage Senate Bill 393, which prohibits school police from handing out citations for most misbehavior at school. School police officers can submit complaints, but prosecutors will decide whether to charge students with Class C misdemeanors. Students who are charged by prosecutors can also take advantage of diversion programs where they may be sent to tutoring or counseling or to do community service. Even with this and other legislation, there is still room to combat the problem of turning a student who gets into a fight at school into a defendant who may be convicted of assault. Former DBA President Rhonda Hunter, along with representatives of several DBA Committees and sister bar associations, has planned a series of programs about the school-to-prison pipeline. The first program was held last month with panelists State Representative Helen Giddings, Associate Judge George Ashford and former DBA Presi-
dent Christina Melton Crain, CEO of DOORS, discussing existing legislation and diversionary programs that reduce recidivism and put students on a more productive path. On August 1 Linda Cliatt-Wayman, the principal of Strawberry Mansion High School in Philadelphia, will discuss how she and her team brought Strawberry Mansion from one of the most persistently dangerous schools in the nation to a school with students who now have hope. In a final program in the fall, we will hold a town hall meeting to address what we can do as lawyers to help school administrators in their efforts to produce productive members of society and dismantle the school-to-prison pipeline. The DBA is also involved in addressing pipelines of a more positive sort—filling the pipeline of well-qualified students from all backgrounds to practice law in Dallas. One of our core goals as an association is to educate the community about the legal system and motivate students to consider careers in the legal field. And once students are in law school, we encourage well-qualified lawyers to choose Dallas as a place to practice. On the education front, we recently concluded our annual Law Day events, where we brought hundreds of high school students to the Allen courthouse to introduce them to the jury trial and voir dire process. We also sponsored the Law Day essay and art competitions, which asked Dallas ISD students to complete projects reflecting on the importance of the rule of law in our society. Later this year, in our Appealing to the Public program, we will have hundreds of students come to Belo to learn about and witness an argument before the Dallas Court of Appeals. We also try to help fill the qualified students pipeline through the Summer Law Intern Program, which places exceptional DISD students from all backgrounds in Dallas law offices for the summer. Moreover, we take advantage of the summer months to encourage a diverse array of outstanding law students to fill the pipeline of lawyers coming to Dallas to practice. For each of the past 10 years, through the Morris Harrell Professionalism Committee, chaired by Kim Askew, we have put on a Law Student Professionalism Program, which introduces law students to the importance of service, integrity and professionalism, such as the principles set out in the Texas Lawyer’s Creed. This year, the program was moderated by Aaron Tobin, and the law students who attended were treated to a thoughtful address by Judge Tonya Parker and then had an opportunity to participate in breakout sessions with other fine members of the judiciary such as Judge Jim Jordan, Justice Doug Lang, Judge Ken Molberg, Justice Mary Murphy and Justice Lana Myers. For even longer, we have also sponsored a series of Minority Clerkship Luncheons. Led by Minority Participation Committee Co-Chairs, Victor Corpuz and Camille Stearns Miller, minority law students are invited to Belo to participate in a program that gives insight into the practice of law in Dallas, offers perspectives from seasoned minority attorneys, and provides an overview of pro bono opportunities in Dallas. The next luncheon is scheduled for Friday, July 11, noon at Belo. With these programs, we hope to help strengthen the pipeline that brings outstanding law students to Dallas to HN serve the needs of our growing community.
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Scott M. McElhaney President-Elect: Bradley C. Weber First Vice President: Jerry C. Alexander Second Vice President: Rob Crain Secretary-Treasurer: Audrey Moorehead Immediate Past President: Sally L. Crawford Directors: Tatiana Alexander (President, J.L. Turner Legal Association), A. Shonn Brown (At-Large), Wm. Frank Carroll, Laura Benitez Geisler (Vice Chair), Hon. Martin Hoffman, Hon. David Horan (Judicial At-Large), Michael K. Hurst (Chair), Krisi Kastl, Michele Wong Krause, Meyling Ly (President, Dallas Association of Young Lawyers), Karen McCloud, Courtney Barksdale Perez (At-Large), Sakina Rasheed (President, Dallas Asian American Bar Association), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Elisabeth A. Wilson (President, Dallas Hispanic Bar Association) Advisory Directors: Jonathan Childers (President-Elect, Dallas Association of Young Lawyers), Monica Lira (President-Elect, Dallas Hispanic Bar Association), Bill Richmond (PresidentElect, Dallas Asian American Bar Association) and Ebony Rivon (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Wm. Frank Carroll, E. Leon Carter, John Jansonius and Florentino A. Ramirez HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Display Advertising: Deni Ackerman, Tina DeRobertis, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Jared Slade Vice-Chairs: Paul Clevenger and Meghan Hausler Members: Timothy Ackermann, Vincent Allen, Natalie Arbaugh, Benjamin Barmore, Joi-lee Beachler, Martha Beard-Duncan, Lisa Blackburn, Jason Bloom, Eric Blue, Leigh Bradford, Bobby Braxton, Kandice Bridges, Kelsey Brock, Sara Ann Brown, John G. Browning, Casey Burgess, Eliot Burriss, Stacie Cargill, Nancy Carroll, Lance Caughfield, Julie Chandler, Joel Crouch, Walter Dean, Lea Dearing, David Dodds, Adam Dougherty, Brandon Duck, Christopher Elam, Alexander Farr, J. Martin Futrell, Jenny Givens, Jennifer Gjesvold, Andrew Gould, James Gourley, Nadia Haghighatian, Susan Halpern, William Hammel, Jordan Harrison, Jeremy Hawpe, John Herring, Zachary Hilton, Kelli Hinson, Tyler Hokanson, Alison Hollender, Mary Louise Hopson, Mandy Jenkins, Soji John, Amanda Kelley, Cynthia Jon-Ubabuco, Yoon-Joo Jung, Tiffany Kamuche, Nicholas Kennedy, Adam Kielich, Michelle Koledi, Matthew Kolodoski, Susan Kravik, Norman Lofgren, Sixuan Lu, Margaret Lyle, Ashley Mason, Andrew Mayo, Jennifer McCollum, Christina McCracken, R. Sean McDonald, Scott McElhaney, Elizabeth “Jodi” McShan, John McShane, Michael Merrick, Christopher Meuse, Aaron Michelsohn, Wendy Mills, Constance Mims, Ethan Minshull, Paige Montgomery, Caitlin Morgan, Hon. Jim Moseley, Terah Moxley, Derek Neilson, Nick Nelson, Christopher Norcross, David Parham, Murali Pasupulati, Seth Phillips, Keith Pillers, Amiee Pingenot, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Ellen Pryor, Gabriel Reyes, Edward Rice, Morgan Richards, David Ritter, Carl Roberts, Richard Salgado, Joshua Sandler, Brandon Schwarzentraub, Calvin Scott, Ifeyinwa “Ify” Seales, Isabel Segarra, Micah Skidmore, Crystal Smith, Phillip Smith, Bradley Smyer, Yon Sohn, Thad Spalding, Timothy Springer, Jacob Stasny, Cori Steinmann, John Stevenson, Scott Stolley, Brian Stork, Amy Stowe, Billye Summers, Kristopher Tate, SaKinna Thomas, Pryce Tucker, Brent Turman, Peter S. Vogel, Whitney Warren, Bradley C. Weber, Suzanne Westerheim, Elisabeth Wilson and Andrew Wirmani DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Tina Douglas, Marisol Guzman, Andrew Musquiz, Carmen Perales Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2014. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. 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