Texas’ 2025 Legislative Session Brings Sweeping Changes for Private Schools
When Juvenile Jurisdiction Ends, the Road to Adult Expectations Begin
Minor Settlements: A View from Each Side of the Triangle
Juvenile Law
Texas’ 2025 Legislative Session Brings Sweeping Changes for Private Schools By
Brian Guerinot
When Juvenile Jurisdiction Ends, the Road to Adult Expectations Begin By rinku ray
President’s MessaGe
Make Your 2026 Count: Serve, Connect, and Inspire with the HBA By daniella landers
FroM the editor
Bright Starts By nikki l. Morris
Veteran sPotliGht
Matt Allen and Knox Nunnally: Faithful Marines Turned Dedicated Advocates By lane Morrison
a ProFile in ProFessionalisM
Hon. TaKasha Francis civil district Judge, 152nd civil court
oFF the record
Suzanne Loudin: From the Courtroom to the Caribbean By carey Worrell
coMMittee sPotliGht
Building Community Through Service: The HBA LGBTQ+ Committee By deBorah laWson and Marcela Varela
section sPotliGht
HBA Health Law Section By sydney sWanson
leGal trends
Tax Law Increasingly Subject to Administrative and Constitutional Law By Garrett l. Brodeur
Media reVieWs The Local reviewed by nikki Morris litiGation
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By Daniella l an D ers
Make Your 2026 Count: Serve, Connect, and Inspire with the HBA
As the calendar turns to a new year, many of us set ambitious resolutions—whether for our health, career, family, or personal growth. The initial enthusiasm is often high, but it’s common for these goals to fade as life’s demands take over. In fact, the second Friday in January is now dubbed “Quitter’s Day,” when motivation wanes and many abandon their new year goals. If you find yourself in this situation, you’re not alone. Fortunately, the year is still young, and there are many meaningful ways to make 2026 count.
lessness at The Beacon, with legal representation provided as needed.
• Protective Order Legal Clinic: Attorneys are invited to join the HBA Gender Fairness Committee and Houston Volunteer Lawyers in partnership with the Aid to Victims of Domestic Abuse (AVDA) organization to support domestic violence survivors seeking protective orders.
• Veteran Legal Clinic & Educational Seminar: Houston Volunteer Lawyers and the HBA Military & Veterans Committee will host a pro bono legal clinic for veterans and their families.
For those seeking to better serve the Houston community and connect more with peers in 2026, the Houston Bar Association (HBA) invites you to participate in the HBA Spring Days of Service on Friday, March 27 and Saturday, March 28. This second HBA presidential service initiative brings together HBA committee members, volunteers and over twelve partner organizations for a series of impactful events. Here’s a glimpse of what’s planned:
• Children’s Book Drive: Adult and youth volunteers will join the Lawyers for Literacy Committee, in partnership with the Houston Association of Legal Administrators, to sort and pack donations for a children’s book drive to support Books Between Kids.
• Food from the Bar: Volunteers (ages 6 and older) will join Team HBA and the Campaign to End Homelessness & Hunger Committee at the Houston Food Bank to sort food and other essentials.
• HBA’s 28th Habitat House Build: Volunteers will help build our Habitat for Humanity house for a family in need, clean up the neighborhood, assist at Houston Habitat’s Restore, and work in the community garden.
• Prom Readiness for Foster Youth: The HBA HAY Center Committee invites volunteers to help the HAY Center’s youth get ready for prom. Opportunities include setup, staging, personal shopping, and alterations.
• ID Restoration Clinic: Volunteer attorneys will help restore IDs and clear records for individuals experiencing home-
• Lawyers for a Beautiful Houston Trash Bash: Volunteers 10 years and older are invited to assist with a trash pickup and land cleaning project at Kulhman Gully (Gragg Park) in southeast Houston in partnership with River, Lakes, Bays ‘N Bayous Trash Bash® organized by Houston Galveston Area Council and sponsored by Texas Conservation Fund.
As we reflect on the opportunities ahead and the ways we can make the most of this year, it’s worth recalling Nelson Mandela’s inspirational words: “What counts in life is not the mere fact that we have lived. It is what difference we have made to the lives of others that will determine the significance of the life we lead.” So, how will you make your 2026 count?
Remember, every act of kindness, mentorship, or advocacy— no matter how small—strengthens our community’s compassion. Whether you choose to volunteer, accept a new pro bono case, mentor a law student or associate, or simply offer support to a colleague in need, each effort helps build a more resilient and unified Houston. These individual contributions demonstrate that one person can truly spark meaningful change and perhaps inspire others to do the same.
Are you ready to make an impact? This is your moment to step up, get involved, and inspire those around you. Discover how you can serve and connect by visiting hba.org/dos or scan the QR code for more details on the HBA Spring Days of Service and volunteer opportunities. Sign up today, and let’s make this year count together!
BOARD OF DIRECTORS
President Daniella Landers
President-elect
Greg Ulmer
First Vice President Collin Cox
second Vice President
Robert Painter secretary Kaylan Dunn
treasurer
Todd Frankfort
immediate Past President David Harrell
DIRECTORS (2024-2026)
Keri Brown Stephanie Noble
Seepan V. Parseghian Samantha Torres
DIRECTORS (2025-2027)
Carter Dugan Greg Moore
Colin Pogge Richard Whiteley
EDITORIAL STAFF
editor in chief
Nikki Morris
associate editors
Anna M. Archer
Sydney Huber Bateman
Jessica Crutcher
Lane Morrison Rinku Ray
Braden Riley
editorial Board
Anietie Akpan Mehrnoosh K. Andu
Jaclyn Barbosa Casey Minnes Carter
Hon. Natalia Cornelio Johnny Day
Teresa Hudson
Corey Devine
Chandria Jackson Dave Louie
Andrew Pearce Ciara Perritano
Hon. Josefina Rendón Kimberly Seiler
Jennifer Smith Rachael Thompson
Carey Worrell Nicolette Zulli
Managing editor Maggie Martin
HBA OFFICE STAFF
executive director Vinh Ho
associate executive director Ashley G. Steininger
Board relations & admin
services coordinator Amy Carl
community engagement and initiatives coordinator Juliana Escobedo
staff accountant Elizabeth Delgado
director, Marketing and communications Maggie Martin
digital Media and communications specialist Briana Ramirez
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associate director of community engagement and initiatives Georgina Peña
director, Membership and technology services Ron Riojas
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associate editors
ABright Starts
lthough we have just started a new calendar year, this issue signals the second half of the Houston Bar Association’s Bar year and my stint as the editor in chief of The Houston Lawyer. It also signals that my oldest child is now over halfway through kindergarten. It seems like we were looking forward to the first day for so long, and now, I’m already calendaring the school schedule for the next year. It is true that time really does move more quickly as you get older, and I’m really trying to cherish this special time that is childhood.
Every parenting book or social media post that has any amount of research behind it will tell you that these formative years are so important for development and ensuring that the future truly is bright. Trailblazers like Judge Stuti Trehan Patel in Fort Bend County are doing their part to ensure that this is the case.
metro area alone, this subject affects parents across the region as the schools are required to navigate a changing legislative landscape.
Media Reviews Associate Editor Rinku Ray discusses the new specialty court that Judge Patel is spearheading that helps provide real change for juvenile justice, including by facilitating the provision of services such as parenting classes and literacy exams in her courtroom to ensure that juvenile offenders do not become repeat offenders.
Brian guerinot provides a legislative update regarding the changes to laws affecting private schools. With almost 300 private schools in the Houston
This issue also features an article detailing perspectives from plaintiffs’ lawyers, defense counsel, and the bench on how to best handle a minor settlement agreement. Judge nicole Perdue, Ciara Perritano, and Michael Clinton provide their view on the process, pitfalls to avoid, and general advice for practitioners who are attempting to settle a matter involving a minor. Their perspectives provide unique insight into how best to accomplish that shared goal and set the minor up for success. Time really is moving quickly, and I’m continually grateful for the neverending support of this year’s board members who come up with creative ideas for articles and even jump in at the last minute to draft pieces— I’m looking at you Carey Worrell. Almost all of the columns in this issue are authored by a member of the editorial board, who graciously volunteer their time to discuss legal trends, interview lawyers with exciting hobbies, read and review various types of media, interview and spotlight veterans in our legal community, and discuss what is going on with other sections of the HBA. This issue truly would not be possible without each of you.
I hope you enjoy this issue and have a bright start to the new year.
Jessica Crutcher Jessica Crutcher Law
Rinku Ray Ray & Fahys
Lane Morrison Bush Seyferth
Anna M. Archer Hicks Thomas
Braden Riley Morrow & Sheppard
Sydney Huber Bateman Horne Rota Moos
Nikki Morris with her husband Sam, and daughters, Maggie leigh, nora June, and emma Jean.
By Brian Guerinot
Texas’ 2025 Legislative Session Brings Sweeping Changes for Private Schools
The 2025 Texas Legislative Session proved to be one of the most consequential in recent memory for private schools. While public school reform historically dominates most legislative cycles, this year’s new statutes directly affect independent and private schools’ day-to-day operations, compliance obligations, and long-term planning. Schools will need to adjust to accelerated child-safety mandates, broadened misconduct reporting, and new criminal exposure tied to instructional materials, among other changes—not to mention the long-awaited arrival of a statewide school-choice program. This article provides an overview of the most significant legislative changes affecting Texas private schools and practical considerations for school leaders preparing for the 2026–2027 school year and beyond.
the texas education Freedom account Program arrives
Perhaps the most consequential development for private schools in the 2025 Legislative Session was the creation of the Texas Education Freedom Account (TEFA) program, a statewide school-choice initiative that will allow eligible families to use public funds for a broad range of private educational expenses beginning in the 2026-2027 school year.1
Eligibility and Prioritization
Eligibility in the program is confirmed annually and requires that the child is eligible to attend a Texas public school, is not enrolled in a public school during their participation in TEFA, is a U.S. citizen or lawfully admitted to the U.S., and has not graduated from high school. Importantly, eligibility is determined for the year in which the child would use program funds, not just at the time of application. Schools have already started applying, and parents may begin applying on February 4, 2026.
Applications to the program are expected to exceed available funding. The statute’s prioritization framework will dictate which students receive funding under TEFA. Appli-
cants are first grouped by sibling status and prior participation, then further divided into four income-based subcategories: (A) children with disabilities in households at or below 500% of the federal poverty guidelines; (B) children in households at or below 200% of the guidelines; (C) children in households above 200% but below 500%; and (D) children in households at or above 500%. Siblings applying together are considered in the highest subcategory for which any sibling qualifies. If applications exceed available slots, a lottery is conducted within each subcategory, and no more than 20% of funds may go to the highest income tier.
Funding Amounts and Approved Expenses
The standard annual TEFA award will be approximately $10,000 per student, with up to $30,000 available for children with disabilities (subject to documentation requirements), and $2,000 for homeschoolers.2 The $2,000 cap applies to homeschooled students even if they have a disability, while the $30,000 cap is reserved for students with an in-state IEP enrolled in participating schools.
TEFA funds may be used for tuition, fees, uniforms, instructional materials (including digital materials), assessment costs, tutoring, educational therapies, transportation, technology (subject to a 10% cap), and school meals. Technology expenses must be required by the school or prescribed by a physician. Notably, after-care and extracurricular activities are not included as approved expenses, and all purchases must be made through a comptroller-approved payment system. Reimbursements are not permitted.
Participation Requirements
Participation is voluntary, but the program’s rules set out specific requirements for private schools wishing to accept TEFA funds:
• Location and Accreditation: The school must have a location in Texas and be accredited by an organization recognized by the Texas Private School Accreditation Commission or the Texas Education Agency (TEA). Accreditation must
cover the campus where TEFA students are enrolled, but a school with multiple campuses can use any one campus (even out-of-state) to meet the two-year continuous operation requirement.
• Assessment: Participating schools must administer a nationally norm-referenced test or the state assessment to TEFA students in grades 3–12. Parents must provide results to the certified educational assistance organization or authorize the test administrator to do so.
• Application and Approval: Schools must apply to the Comptroller for approval, agree to program rules, and certify compliance with audit and reporting requirements. The rules allow for electronic verification of accreditation and other eligibility criteria.
• Tuition and Fees: Schools may not charge TEFA participants more than their standard tuition and fees, except for categories unrelated to program participation (e.g., grade level differences).
Autonomy,
Auditing, and Non-Discrimination
Accepting TEFA funds does not make a private school a state actor or a recipient of federal financial assistance.3 Additionally, TEFA participation does not modify a private school’s existing non-discrimination and accommodation obligations.
Participating schools must comply with the program’s auditing requirements, which are limited to program transactions, although that term is not clearly defined in the statute or the Comptroller’s rules. TEFA will expand access to private education, but its statewide impact is expected to be modest relative to the 5.5 million school-age children in Texas. Demand is expected to be high among families seeking to transfer from public schools, while participation among existing private school families may depend on prioritization and lottery outcomes.
Changes to Child abuse reporting obligations
In addition to the TEFA legislation, child safety was a major legislative focus this
session. Lawmakers accelerated timelines, expanded duties, and strengthened enforcement mechanisms relating to suspected abuse.
Shortened Mandatory Reporting Window
Professionals, which includes teachers, nurses, day-care employees, and others, must now report suspected child abuse or neglect within 24 hours, down from the previous 48-hour window.4 The clock begins once the professional has “reasonable cause to believe” a child may be abused or neglected.
Private schools should update reporting protocols, revise handbook language and other school policies, and reinforce training to ensure employees understand the narrower timeline and the consequences for noncompliance.
Expanded Limitations Period for Failure to Report
The limitations period for prosecutions arising from failures to report child abuse and neglect has also been extended: four
years for felony intentional concealment and three years for all other failures, running from when the reporter had reasonable cause to believe that a child is or may be abused or neglected.5 These changes underscore the importance of prompt reporting and thorough training that both encourages good-faith reporting and reinforces that Child Protective Services/law enforcement reports are separate from educator-misconduct reports to the State Board for Educator Certification (SBEC).
Broader Educator Misconduct Reporting Requirements
Private schools’ obligations to report educator misconduct have expanded substantially with the Legislature’s recent changes. Previously, reporting was typically triggered only by resignations or terminations. That is no longer the case. Chief administrators, i.e., heads of school, must now report a wide range of educator misconduct to the SBEC, including inappropriate relationships, boundary violations, improper com-
munications, and other conduct involving minors, regardless of whether the employee resigned or was terminated.6 These reports of educator misconduct can lead to placement on Texas’ Do Not Hire Registry, which identifies persons not eligible for employment in public schools.7
Reports to SBEC must be made within 48 hours of becoming aware of an educator’s misconduct. All reports must be submitted through TEA’s secure internet portal; fax and mail are no longer acceptable.
Medication administration reform and Liability Protections
Medication administration received welcome clarity and protections from the Legislature. Private school employees, including non-nurses, may now administer over-the-counter medication with proper parental consent.8 Medication must be in its original packaging, unexpired, and administered according to label instructions.
Immunity for Staff and Volunteers
Employees acting in accordance with parental authorization and school policy are now protected by civil and administrative immunity for administering non-prescription medications in accordance with written parental requests and school policy.
Epinephrine Delivery Systems
Regarding anaphylaxis response, Texas broadened the term “epinephrine delivery system” to include both auto-injectors and nasal sprays.9 Private schools that choose to stock unassigned epinephrine must adopt policies covering maintenance, training, administration, and disposal of these devices. Schools should confirm that their purchasing, training, and storage practices align with the updated term and policy scope.
enhanced emergency Medical response requirements
Schools that received an automated external defibrillator (AED) from TEA or funding for an AED from TEA, whether recently or years ago, must meet new safety obligations.10
CPR Training Requirement
Private school nurses, coaches, PE teachers, and certain extracurricular leaders must complete cardiopulmonary resuscitation (CPR) training in addition to AED training, if their school received an AED or funding from TEA for an AED.
Cardiac Emergency Response Plan
Private schools, if they received an AED or funding from TEA for an AED, must also adopt a cardiac emergency response plan, designate a response team, and conduct annual plan reviews. Given the retroactive nature of the statute, schools should verify whether any AEDs were ever funded by TEA.
Criminal exposure for Harmful Materials and Performances
The Legislature eliminated the “educational purposes” defense in prosecutions involving “harmful material” disseminated to minors.11 The statute defines harmful material as material whose dominant theme appeals to a minor’s prurient interest in sex, nudity, or excretion; is patently offensive to prevailing adult community standards for minors; and is utterly without redeeming social value for minors. The Legislature also criminalized producing, directing, or promoting a school play or performance that includes sexual conduct by a child, removing prior educationalpurpose protections. Private schools should reassess library holdings, reading lists, syllabi, and performance selections, and consider formalizing multi-tiered review processes for sensitive content decisions.
restrictions on Confidentiality Clauses in Sexual abuse Matters
Texas now renders void and unenforceable nondisclosure and confidentiality provisions in any agreement to the extent they restrict a person from disclosing an act of sexual abuse or related facts; the prohibition applies retroactively with limited exceptions.12 Schools should promptly revisit settlement, separation, and other agreements for compliance, while
recognizing that standard confidentiality terms unrelated to sexual abuse remain permissible.
School Marshal Program update
Designated school marshals may now openly carry a handgun if they wear a uniform identifying them as a school marshal.13 Before implementing open carry, the school’s governing body must adopt policies governing the practice. Schools should coordinate with their risk management team, their insurance carrier(s), and facilities/security leadership to ensure that policies, training, and communications account for the new visibility and attendant safety considerations.
Conclusion
Texas private schools are entering a period of significant legal and regulatory transformation. While this year’s legislation imposes new compliance burdens, it also offers major opportunities through the TEFA program. Schools that proactively update their policies, strengthen their training programs, and carefully evaluate TEFA participation will be best positioned to serve their communities in a shifting educational landscape.
Brian Guerinot is an associate attorney at Fisher Phillips. His practice focuses on representing independent and private schools, but he also represents businesses in all aspects of workplace law.
endnotes
1. S.B. 2, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
2. Frequently Asked Questions, TEXAS EDUCATION FREEDOM ACCOUNTS, https://educationfreedom.texas.gov/ (last visited Jan. 13, 2026).
3. TEX. EDUC. CODE § 29.368.
4. S.B. 571, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled); TEX. FAM. CODE § 261.101.
5. S.B. 127, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
6. S.B. 571, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
7. TEX. EDUC. CODE § 22A.151.
8. S.B. 920, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
9. S.B. 1619, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
10. S.B. 865, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
11. S.B. 412, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
12. S.B. 835, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
13. S.B. 870, 89th Leg., Reg. Sess. (Tex. 2025) (enrolled).
By rinku ray
When Juvenile Jurisdiction Ends, the Road to Adult Expectations Begin
Under Texas criminal law, the transition from juvenile to adult is definitive, clear, and instantaneous. Offenses committed by minors between the ages of 10 and 16 are generally tried under the juvenile system, often with an emphasis on rehabilitation and intervention of the child.1 But if that same offense is committed by a minor at the age of 17 or older, the individual will automatically be charged
as an adult, subject to the full weight of adult sentencing laws, including the possibility of jail time, and if convicted, have a permanent criminal record.2 In reality, though, the transition from juvenile to adult is not so stark.
Judge Stuti Trehan Patel 3 oversees Fort Bend County’s High-Risk Young Offender Specialty Court, as well as four other felony specialty courts, and recognizes that for the young people on her docket the stakes are real and immediate. This specialty court was created to help reduce incarceration, reduce recidivism, and give more “wraparound services” for young offenders who have pled guilty or been found guilty of crimes and been placed on probation. Though the court provides more services to young probationers, the stiff penalty of a probation violation still looms: revocation of felony probation results in a minimum of six months in state prison, and for more serious felonies, jail time can be significantly longer. Judge Patel describes her oversight of the Young Offender Court, where she works with young adults to meet their probation requirements and complete their sentence, as one of the most demanding and rewarding assignments on her bench. It is also the docket that, in her view, best illustrates a quiet fault line in the justice system: the moment a person becomes an adult in the eyes of the law, even when life has not caught up.
What the Young o ffender Court Is Built to Do
The Young Offender Court is designed to assist probationers aged 17 to 26 who are assessed as high, moderate, or low-moderate risk and who demonstrate barriers to compliance. The goal is to help these probationers complete community supervision and reduce the risk of future offenses by addressing criminogenic risk factors.4 In short, the Young Offender Court is meant to (1) reduce incarceration where appropriate, (2) reduce recidivism, and (3)
provide wraparound services that address various barriers that are driving repeated noncompliance.
The court is staffed with an experienced supervision officer trained in motivational interviewing. That training matters because young adults do not respond well to lectures; they respond to clarity, consistency, and relationships that expect more from them while showing them how to get there. The staff’s supervision focus includes academic progress, employment, accepting responsibility, developing prosocial affiliations, and identifying future goals.
‘‘ Early on, Judge Patel came to understand that the young people in her Young Offender Court faced challenges distinct from every other population in front of her bench.”
The court uses cognitive behavioral programming, including Moral Reconation Therapy (MRT), which is designed to address thinking errors and decision-making patterns. Probationers are assessed for mental health and substance abuse needs. When appropriate, they are referred to treatment. The staff works with local workforce resources, local colleges, and vocational trade programs to expand access to education and job training. And the staff also provides life skills education because basic skills like showing up, communicating, planning, and following through are the foundation for so much.
Judge Patel frequently and plainly reminds these probationers that probation is not easy and is not intended to be—it is a consequence for a felony offense. But it is also an opportunity to remain in the community, keep a job, stay with family, and build a different future. She also reassures probationers that if they remain law-abiding and stay clean, the court will work with them on the remaining conditions.
“It’s a balancing act,” Judge Patel explains, “We can’t just have a complete bleeding heart all the time.” However,
probation only works if people have a realistic path to compliance.
When a probationer repeatedly refuses to engage, continues to use illegal substances, or reoffends, revocation is unavoidable. In those cases, the State may file a motion to revoke, and the court must act accordingly. For Judge Patel, this practice reflects not rigidity, but responsibility: a court grounded in reality, equity, and public safety.
the Barrier Problem, and
Why “technical” Violations are not always technical in real
Life
Early on, Judge Patel came to understand that the young people in her
Young Offender Court faced challenges distinct from every other population in front of her bench. “We had a lot that were staying clean and weren’t out violating laws,” Judge Patel says, “but they weren’t doing their probation conditions either.” She saw a repeated pattern that she found confusing and frustrating: the young probationers would consistently show up to their court dates, knowing that warrants for their arrest would be issued if they missed their appointment; but they repeatedly failed to attend other appointments that were “technical” conditions to their probation. They were not going to GED classes or attending counseling. They were not completing their community service assignments. Probationers with children were not attending parenting classes. Each time, Judge Patel would remind them of their obligations and provide details on what needs to be done to comply with their probation terms. Yet, weeks
later when they returned, there would be no progress. The dynamic felt familiar to Judge Patel. “It’s almost like telling teenagers to clean their room—and then finding it untouched.”
Judge Patel struggled with how to respond. While non-compliance of the technical conditions was not putting the community in immediate danger, the rehabilitative conditions that the young probationers were neglecting are designed to stabilize the very deficits that often lead to criminal justice involvement. Education improves employability; counseling addresses trauma, substance misuse, and decision-making; parenting programs reduce intergenerational risk; and community service builds accountability and connection to the community. A probationer who stays clean but does not complete these interventions may remain vulnerable to relapse or reoffending once supervision ends. By insisting on completion of rehabilitative conditions, courts invest in long-term desistance rather than short-term compliance. Revocation, however, felt misaligned with the behavior Judge Patel was seeing. “They’re young. I don’t want to revoke them and go to prison because they’re staying clean. They’re not violating the law,” she said.
‘‘
By insisting on completion of rehabilitative conditions, courts invest in long-term desistance rather than short-term compliance. Revocation, however, felt misaligned with the behavior Judge Patel was seeing”
munity service assignments inspired her to implement innovative strategies in the Young Offender Court to support accountability without forcing probationers into impossible choices. Despite months of effort by the probation department, the young woman had not completed her community service. Judge Patel recalled that though the probation department did not want to revoke her, they were “at their wits end.” Upon speaking to the young woman directly, Judge Patel quickly realized that the probationer was on the brink of a felony revocation and prison time not because of new criminal conduct, but because logistics made compliance with various probation conditions impossible. At less than twenty-five years of age, she had three children under the age of five. She had limited childcare support, and her partner worked long hours with shifting schedules. She was not using drugs. She was not committing new offenses. Yet, she had been unable to complete community service because most approved placements could not accommodate children—an unsurprising restriction, driven by liability and safety concerns.
parenting course, waive some or all of the community service requirements. The young woman agreed immediately. More importantly, she successfully completed the parenting program and graduated. She also became one of the strongest participants in the court’s GED cohort. For Judge Patel, this case crystallized an important principle: when probation conditions align with lived reality, compliance becomes possible and outcomes change.
Simple Changes that Made Big Difference: Bringing Services to the Courtroom
What she changed through the Young Offender Court was not the expectation of compliance, but the pathway to it. She started implementing strategies to enforce accountability without forcing probationers into impossible choices.
the Case that reframed the Meaning of “Community Service” Judge Patel’s interaction with a young woman on the brink of probation revocation for failure to complete her com-
“My eyes popped out,” Judge Patel said, when she imagined the downstream consequences: “How is [the] community going to benefit from this mother going to prison?” She quickly realized that revoking probation would not just punish one person; it would destabilize three young children and increase the likelihood of deeper system involvement for the entire family. Instead, Judge Patel proposed a different option: modify her probation conditions and after she completes a
Two Wednesday afternoons a month, Judge Patel offers parenting and GED classes in her courtroom. Although Fort Bend County has some great offsite resources for parenting and GED classes, many probationers failed to comply. Now that Judge Patel has arranged for programming to occur during her docket, and probationers are able to bring their children and family members with them, compliance with technical probation conditions has increased significantly. What is even more remarkable is that these services are being offered at no extra cost to taxpayers. “We are not creating a new bureaucracy,” Judge Patel explains; instead, she and her team are coordinating existing community resources in a way that make them more accessible. “We brought parenting classes to them where we have a case worker come and meet with them in real time in the courtroom.” Parenting education, she explains, benefits more than just the probationer. It strengthens family stability, supports children, and promotes community safety. In that sense, it is community service in its truest form. Through a partnership with Fort Bend Literacy, a local nonprofit, GED evaluations and instruction have been embedded directly into Judge Patel’s court sessions. The Fort Bend Literacy team comes to the courthouse to conduct on-site evaluations and baseline
assessments, allowing probationers to build individualized education plans based on their actual starting point. Judge Patel emphasizes that people are not all at the same level—some left school in ninth grade, others in twelfth, and some have learning disabilities. Beyond facilitating probation compliance, these proper individualized assessments allow probationers to make meaningful progress on obtaining a GED, which can open doors to vocational training, commercial driving, and job advancement. It often becomes the first real credential a person has earned in years, and it is a gateway to financial stability.
This shift has transformed probation conditions from abstract mandates into supervised opportunities for progress, allowing the court to measure effort and engagement directly. It also allowed for closer, individualized supervision. Judge Patel has moved beyond generalized directives toward active follow-up. “What we’re doing now is a
little bit more intensive supervision,” she explains—tracking attendance and participation rather than simply issuing orders. For young adults, that structure has provided accountability while allowing the court to intervene early, before technical failures escalate
into new offenses.
the next Initiative: employment Support
The next major initiative Judge Patel is developing centers on employment support to overcome one of the most
persistent obstacles facing young probationers. Finding a job while on felony probation or with a felony record is especially difficult. The challenge is often intensified by limited education, low literacy, and diminished confidence. To address this gap, Judge Patel aims to bring employment assistance into the courtroom, mirroring the model used for parenting and GED services. The court is exploring partnerships with workforce hiring resources. Judge Patel’s team has also been directed to a local librarians with expertise in résumé development and online job searching. The focus is on hands-on support rather than referrals alone—helping probationers build résumés, learn how to search and apply for jobs, and identify realistic employment options given their records.
Judge Patel views employment as foundational to successful probation completion. Without work, young probationers often lack the stability needed
to comply with supervision requirements, increasing the risk that technical failures will escalate toward revocation. She explains that, “When you don’t have money, transportation, or child care, it becomes a very bad snowball effect.” Moreover, income supports more than finances; it underpins mental health, family stability, transportation, and the ability to meet probation obligations. Judge Patel has seen how quickly unemployment can compound stress, missed appointments, and disengagement— and how early, practical job support can interrupt that cycle before incarceration becomes the default outcome.
Closing thoughts From the Bench
Judge Patel is clear about the limits of the court’s role. “A courtroom is not a classroom. A judge is not a therapist. Probation is not a social services program.” Even so, she emphasizes that felony probation is a high-stakes alternative to incarceration. For young adults,
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it may be the last real opportunity to change their life’s trajectory before involvement with the criminal justice system becomes entrenched.
The High-Risk Young Offender Court is built on a practical premise. By reducing avoidable barriers, delivering services in real time, and responding to noncompliance with graduated interventions rather than reflexive revocation, the court increases the likelihood that young people will complete probation successfully. The downstream effects are tangible: more participants obtain employment, continue their education, and develop effective parenting skills. And, importantly, fewer reoffend.
Judge Patel does not present her model as a universal solution. “No criminal justice program has a 100 percent success rate—that’s not realistic,” she says. Still, she views its purpose clearly. While the system cannot change a person’s past, it can shape what comes next—whether a young adult’s future becomes defined by
Blank Rome is an Am Law 100 firm with 16 offices and more than 750 attorneys and principals who provide comprehensive legal and advocacy services to clients operating in the United States and around the world.
repeated incarceration or by a genuine turning point. “If we help more young people complete probation successfully,” she adds, “then we’ve done something meaningful.”
Rinku Ray is the founder and managing attorney of Ray & Fahys, PLLC, a firm focusing on business immigration law, and is on the editorial board of The Houston Lawyer endnotes
1. See, e.g., TEX. FAM. CODE §§ 51.02(2), 51.04(a).
2. See, e.g., id. § 51.02(2)(B).
3. Judge Stuti Trehan Patel is a District Court Associate Judge in Fort Bend County, Texas. Prior to taking the bench in 2015, she served Fort Bend County as an Assistant District Attorney for approximately 15 years. Judge Patel is certified as a civil and family law mediator, is a member of the Texas Bar College, serves as an Adjunct Professor of Law at the Blakely Advocacy Institute at The University of Houston Law Center, and serves on the Advisory Board of Rice University
4. See Risk, Needs, Responsivity and Target Population, TEXAS JUVENILE JUSTICE DEPARTMENT, https://www.tjjd.texas. gov/wp-content/uploads/2024/04/Handout_RiskNeeds.pdf (discussing “Seven Major Criminogenic Need Factors”).
By JudGe nicole Perdue, Michael clinton, and ciara Perritano
MInor SettLeMentS:
A View from Each Side of the Triangle
Minors, like adults, can suffer injuries from incidents such as car accidents, slip-and-falls, products liability, or medical negligence. However, resolving a minor’s personal injury claim differs from an adult’s claim due to the minor’s inability to bind themselves to a settlement.
The legal process is designed to ensure the settlement serves the minor’s best interests and protects their funds, as well as to create a record of the court’s approval. The process for resolving a minor’s personal injury claim is different than that for an adult. This process involves several key players working together to ensure everything runs smoothly. Judge Nicole Perdue (“Judge Perdue”), plaintiff’s attorney Michael R. Clinton (“MRC”), and defense attorney Ciara Perritano (“CP”) offer their perspectives on the process.
the Minor, the next Friend, and Case Inception
• MRC: When I first meet with my client, I explain the minor settlement process. I remind the next friend, even if it’s a parent, that any recovery belongs to the minor, not them, and that they won’t have control over the funds (unless a special needs trust is involved in a catastrophic case). I also explain that a judge must approve the settlement, and a Guardian ad Litem (“GAL”) will be appointed to ensure the settlement is in the minor’s best interest. The GAL is not another lawyer for the child but is instead a neutral party reviewing the settlement.
• CP: From a defense standpoint, it’s crucial to identify the plaintiffs or claimants early to evaluate the case from a litigation strategy and exposure perspective. This includes determining the need for a GAL for a minor settlement and factoring in the costs associated with attending the minor settlement hearing. Additionally, we must inform the client that the court may not approve the settlement, and this potential outcome should be accounted for in both the exposure analysis and budget.
the Guardian ad Litem
• MRC: Once we have a settlement in principle, the parties file a Motion to Appoint a GAL. In complex or catastrophic cases, we typically
request a particular GAL with experience related to the case, e.g., a medical malpractice case. After the court appoints a GAL, I provide all the necessary documents for review, then schedule calls with both the GAL and next friend. I also make sure to introduce the GAL to the next friend personally, as I want to ensure everyone understands their roles and responsibilities.
• Judge Perdue: The court’s primary duty is to ensure that the proposed resolution truly serves the best interests of the minor. Even though the parties have reached an agreement, the court functions as the final checkpoint to confirm that the settlement is fair, reasonable, and appropriate for the minor. To assist the court in that task, I appoint a GAL whose responsibility is to conduct a thorough evaluation of the settlement. The GAL reviews the facts of the case, analyzes the proposed distribution, assesses fees and expenses, and confirms that the structure of the settlement serves the child’s immediate and long-term needs. I rely heavily on the GAL’s independent assessment, because the GAL is the one who has dug into the details and spoken directly with the family.
• CP: Before requesting a minor settlement hearing, I ensure the plaintiff’s lawyer has confirmed all outstanding medical bills, subrogation claims, and liens. Incomplete financials are the quickest way to derail the hearing. The last thing a defense client (or anyone paying their lawyer hourly) wants to do is to incur the expense of an additional hearing. Once the GAL is appointed, I speak with them to offer the defense perspective and address any questions before the hearing. While the settlement is theoretically finalized, I want to ensure there are no surprises when we get to court.
the Importance of the Settlement Hearing
• Judge Perdue: From my experience as both a GAL and now on the bench, a thoroughly conducted minorsettlement hearing helps protect the agreement from later challenges. Even though many lawyers treat the hearing as a formality, it serves an important legal function: it creates a clear, complete record showing that the settlement was reviewed, explained, and approved with the child’s best interests in mind. By taking the time to ask the right questions and to document the next friend’s understanding and agreement, the court ensures that the settlement is final, enforceable, and far less vulnerable to attack in the future. Ultimately, my goal is to ensure that the next friend understands not only the financial structure of the settlement—and to create a clear record of that understanding—but also its longterm implications for the minor. The
hearing is not a mere formality; it is an opportunity for the court to confirm that the settlement aligns with the child’s best interest and that the next friend is making informed decisions on the child’s behalf.
• MRC: I once drove eight hours roundtrip to east Texas for a 15-minute minor settlement hearing. In the postCOVID world, the court could have easily resorted to Zoom. However, I genuinely appreciated the judge’s commitment to and respect for the process. The minor’s injuries were severe and would have lifelong consequences. The judge wanted to see the minor, he wanted to look in the parents’ eyes while talking to them about the settlement, and he wanted to discern my and the GAL’s confidence in the result. The hearing in that case, as it does in almost all cases, closed the chapter with a firm and formal conclusion.
• CP: The minor settlement hearing plays a critical role in protecting the
settlement on appeal, particularly for the defendant. In the event of an appeal, it creates an additional hurdle for the appellant to overcome proving that the settlement was unreasonable or not in the minor’s best interest. Additionally, many lawyers overlook the value of friendly suits—lawsuits filed solely to formalize and finalize a settlement when a minor is involved. This is especially relevant in pre-litigation settlements where the settlement amount is large enough to justify the cost of initiating a friendly suit and obtaining court and GAL approval (another point to discuss with your defense clients in early budget conversations).
examining the next Friend
• Judge Perdue: At the hearing, I try to ease the next friend’s anxiety by briefly asking about the child off the record before we begin. That informal conversation often helps them relax and feel more comfortable once we go on the record. And if the minor is present, I make a point to speak directly to them as well. I remind them that when they eventually receive the funds, they should use the money wisely, which includes taking their parent out for a nice meal and not spending it all on their friends. It adds a bit of levity, but it also underscores the larger point: these funds are meant to benefit the child, and the child should understand both the responsibility and the opportunity that comes with them.
• MRC: I believe the plaintiff’s lawyer should lead the minor settlement hearing since the GAL is not the minor’s lawyer—I am. The GAL’s role is to provide their review and recommendation, not to present the settlement. I want to demonstrate my rapport with the next friend and show the judge that I fully stand behind the result. After my questioning, I allow the GAL to ask any additional questions, confirm their due diligence, and make their recommendation. My examination of the next friend covers the incident, the minor’s
injuries, medical treatment, the settlement breakdown, and the net funds for the minor. I ensure the next friend understands the settlement is final, and I ask if they believe this is in the minor’s best interest before requesting court approval.
• CP: This is the easy part for defense counsel—we let the plaintiff’s lawyer, GAL, and the judge run the show! That said, I will speak up if facts are not articulated in a neutral way to ensure the record is protected for my client.
• Judge Perdue: I closely observe the next friend’s body language and comfort level to ensure their decision is truly their own, that they understand it, and that no one has pressured them into agreeing to something not in the child’s best interest. Unfortunately, some lawyers focus more on closing the case and securing their fee than explaining the significance of the minor-settlement hearing. While I expect the plaintiff’s lawyer and GAL to have already clarified the process, if the next friend seems unsure, I slow down to ensure they fully understand what’s being decided and why. They must also know they are not required to accept the settlement, and I make sure they understand both the risks of rejecting it and the implications of approval before I authorize the settlement.
attorney Fees, Liens, and e xpenses
• Judge Perdue: Judicial oversight also includes reviewing attorney’s fees. The court must ensure that counsel is not taking an excessive portion of the minor’s settlement, and unfortunately that issue does arise. Counsel may point to a contingency-fee contract authorizing more than one-third, but it is important to remember that a minor cannot sign a contract and is not bound by its terms. The court will limit the fee to what is fair and reasonable under the circumstances—which, in almost every case, is one-third—and always with the child’s best interest at the forefront. And that is often one of the toughest parts of the
hearing. I do not enjoy telling lawyers that their requested fee is unreasonable or that the contract they are relying on does not control. But part of approving a minor’s settlement is making sure the fee is fair, proportionate, and consistent with the child’s best interest—not simply what the contract states. It is an uncomfortable conversation at times, but it is necessary to protect the minor and to maintain the integrity of the process.
• MRC: My experience has been consistent with what Judge Perdue has said in that my attorney’s fee, regardless of the contingency fee stated in the contract signed by the next friend, usually gets reduced to 1/3. However, it is not unheard of for a court to approve a higher contingency fee. In complicated and catastrophic cases, or cases where the judge knows the exceptional result was the product of exceptional work, a higher fee may be warranted. It’s certainly a subjective analysis, but as U.S. Supreme Court Justice Potter Stewart said, “I know it when I see it.”
• Judge Perdue: The court also wants to know whether there are any medical liens, outstanding bills, or unpaid litigation expenses. If there are unpaid medical expenses, I ask specifically why those obligations have not been satisfied and who is responsible for paying them. I need to understand what the true “net to the minor” will be. If anything is unclear, incomplete, or not properly documented, I stop the hearing and require the parties to sort it out before we proceed. A complete and accurate accounting is essential to ensure that the settlement is genuinely benefiting the child.
• MRC: Before requesting a minor settlement hearing, I ensure all financials are final—confirming balances owed to healthcare providers, subrogation claims, and liens. For case expenses, if the parent-next friend is also my client, I recommend they cover the expenses to maximize the minor’s net recovery, which the judge typically appreciates. If
the minor is my only client, we provide an itemized list of expenses for the GAL and court, if needed.
the Settlement Funds
• Judge Perdue: In reviewing a minor’s settlement, the court also looks closely at how the settlement proceeds will be protected. Neither the minor nor the next friend may have immediate access to the funds (unless a special needs trust is being created). The money must be placed in the court registry, a trust, or a structured annuity to ensure it is preserved for the child’s long-term benefit.
• At the hearing, I explain how the funds will be managed, emphasizing that they belong to the minor, not the next friend, and cannot be accessed until the minor turns eighteen. If the funds are placed in the court registry, I provide the next friend with a brochure, explain the withdrawal process, and review the necessary steps. I make sure to cover these details since they’re often overlooked, ensuring the next friend fully understands the process and what to expect. We have to remember that the courthouse and its procedures may be second nature to us, but to laypeople the process can be intimidating and unfamiliar. Clear guidance helps ensure they leave the courtroom with a full understanding of what to expect moving forward.
the recommendation
• Judge Perdue: The GAL’s recommendation is crucial, though not binding. I listen closely to their assessment of the settlement value, the child’s prognosis, and the reasonableness of the settlement. And I will add this: if it becomes clear that a GAL has not done a thorough or responsible job, they will not receive another appointment from the 133rd District Court. At the hearing, I ensure the next friend clearly understands the GAL’s recommendation, the restrictions on the funds, and the rights being waived. While I rely on the GAL’s
expertise, I also make sure the next friend fully grasps the settlement’s implications before approval. While I rely on the GAL’s expertise and thoroughness, I still take the time to ensure that the next friend shares that understanding before I approve the settlement.
• It is important for the next friend to understand that once the court approves the settlement, the case is permanently closed. They cannot return and ask for the settlement to be undone if a previously undiscovered injury emerges. I emphasize this point very clearly, because many parents understandably focus on the sense of closure that comes with resolving the case (even though their child will not receive the funds until they turn eighteen).
The Honorable Nicole Perdue serves as presiding judge of the 133rd Civil District Court in Harris County, Texas. Before
taking the bench, she practiced civil trial law and spent nearly 20 years serving as a guardian ad litem in state and federal courts throughout Harris County and the surrounding counties.
Michael R. Clinton is a trial attorney at Zehl & Associates, PC where his practice focuses on helping people who have been injured in truck wrecks, workplace incidents, and other personal injuries.
of
Ciara Perritano is a litigator at Winstead PC and is a member
The Houston Lawyer Editorial Board.
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The firms and corporations listed below have agreed to assume a leadership role in providing equal access to justice for all Harris County citizens. Each has made a commitment to provide representation in a certain number of cases through the Houston Volunteers Lawyers.
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Matt aLL en and k nox nunnaLLY: Faithful Marines Turned Dedicated Advocates
By lane Morrison
Semper Fidelis is Latin for “Always Faithful” and is the U.S. Marine Corps’ longstanding motto. It is “an eternal and collective commitment” to the success of the Marines’ battles, “the progress of our Nation,” and the “steadfast loyalty” among all Marines.1 “Established in 1883, this motto distinguishes the bond developed and shared between Marines,” going “beyond words that are spoken, as it is a warriorhood that is lived.”2 Matt Allen and Knox Nunnally have long embodied these ideals, both while in the Marines and now, as leaders of their own law firm, Allen & Nunnally, LLP, where they focus on plaintiff personal injury cases and commercial litigation.
Matt Allen joined the Marines at the beginning of his senior year in high school when he was 17 and went to boot camp shortly after graduation. He was attracted to the exciting challenges the Marines had to offer, and a cold-calling recruiter convinced Matt that he would never regret joining. He was right. Matt served on active duty from August 1998 to August 2003 and was a sergeant when he left active duty. He was in the signals intelligence field and was stationed with 1st Radio Battalion at Marine Corps Base Hawaii. In 2000, he deployed with the 31st Marine Expeditionary Unit and traveled to Japan, Guam, Saipan, South Korea, and Hong Kong. In 2003, he was attached to Regimental Combat Team 5 during the invasion of Iraq.
Matt says that all his deployments—and even other training exercises across the United States—were their own unique experiences and had their own lessons about hardship, comedy, leadership, teamwork, and what really matters. Though he remembers the difficult lessons, he also fondly remembers his time with his guys, late nights in Waikiki, and wakeboarding in Kaneohe Bay. He made life-long friends, many of whom he still talks to on a regular basis more than 20 years later. Matt believes that the connection and camaraderie among Marines who served together is unique, and, in his experience, hard to replicate in the civilian world.
When Matt left the Marines, he went to college at University of Texas at Austin and then law school at University of Houston Law Center. He found the transition from active duty back
to the civilian world a challenge—going from being a part of a tight community with a clearly defined purpose and structure, to not. But he soon adapted. After graduating from law school, he clerked for federal district Judge John A. Kazen in Laredo and Fifth Circuit Judge Harold R. DeMoss Jr. After his clerkships, he worked at Baker Botts and Susman Godfrey.
He believes that the Marines provided him with many early lessons that have served him well as a lawyer: hard work, discipline, preparation, attention to detail, taking initiative, willingness to get outside your comfort zone, responsibility, organization, and teamwork.
Knox Nunnally grew up in a family that valued service, integrity, and the willingness to take on difficult challenges. From a young age, he admired the Marines he encountered—men like the legendary Houston trial lawyers Joe Jamail and Joe Reynolds, close friends of his father and both World War II combat veterans. Even as a boy, he noticed that they carried themselves differently, with a quiet confidence and unmistakable swagger that left a lasting impression. Sometime around his tenth birthday, Knox decided he wanted to be a Marine.
After high school, Knox attended the United States Naval Academy and, upon graduation, was commissioned as an infantry officer in the Marine Corps, serving on active duty from 2001 to 2006. During that time, he deployed three times to Iraq: during the 2003 invasion, in Fallujah in 2004, and again in the river cities of Al Anbar Province in 2005. He served as a Light Armored Reconnaissance (LAR) platoon commander, a company executive officer, and later a company commander. In each role, he led Marines in combat operations, planned and executed missions, and bore responsibility for the welfare, training, and performance of the Marines under his command. He left active service as a captain.
Knox looks back on his service in the Marines—and in Iraq— with deep pride. Commanding Marines in places such as An Nasiriyah, Fallujah, Al Qaim, and Iskandariyah taught him early what real responsibility looks like and gave him a lasting confi-
A Profile
in p R o F ession A lism
Chief Justice Warren Berger once surmised: “The necessity for civility is relevant to lawyers because they are living exemplars and thus teachers every day in every cause and in every court, and their worst conduct will be emulated perhaps more readily than their best.”
That truth resonates deeply with me. Ours is a noble and dignified profession, one that calls on us to be standard-bearers of integrity, civility, and professionalism. Growing up, I learned the value of respecting myself and respecting others, a principle many refer to as simple “home training.” As judges and lawyers, our actions are always under a spotlight, and the world takes its cues from how we conduct ourselves.
From the Bench to the Bar, the public should see our profession as venerable, representing justice, fairness, and ethical rectitude. Our work is inherently adversarial, but that does not excuse incivility, impropriety, or intemperance. We can advocate zealously without personal attacks or combative rhetoric. Professionalism is not optional or situational. It is essential to the administration of justice. It ensures courts function efficiently, disputes are resolved fairly, and the law maintains its authority and legitimacy. Without it, credibility and public confidence erode, and the pursuit of justice suffers.
As stewards of the law, let us model our R.O.L.E. (Respect, Obligation, Leadership, and Ethics.) Respect others, honor your oath and obligations, lead with integrity, and act ethically.
Through our R.O.L.E., we put professionalism into practice, uphold the rule of law, and embody the living exemplars of civility Justice Berger described. By embodying professionalism in every action, we set the standard for justice, inspire confidence in the law, and carry our R.O.L.E. proudly
hon. takasha Francis Civil District Judge, 152nd Civil Court
Suzanne LouDIn: From the Courtroom to the Caribbean
By carey Worrell
Lots of lawyers dream about escaping the office, but this Texas family lawyer and mediator actually did it. After 20 years of practicing family law in The Woodlands, Suzanne Loudin, along with her husband and teenage daughter, sold their house, cars, and most earthly possessions to live aboard their 2000 Beneteau 461. In February 2024, they sailed out of Kemah on the Texas Moon and haven’t looked back. Her sailing résumé before this adventure? Childhood sunfish racing and some small boat experience at the Houston Yacht Club. That’s it. Her husband’s mechanical skills and offshore work experience helped, but mostly they learned as they went—just like many of the cruisers they’ve met along the way.
from her boat thanks to the wonders of satellite internet and teleconferencing technology.
For the past two years, Loudin and her husband have been exploring the Caribbean. When they left Texas, they had their youngest daughter in tow and two older kids away at college. Their daughter was able to graduate from high school through an online public school run by The University of Texas and has since become a Texas State Bobcat. Even though Loudin is separated from family, she definitely hasn’t been living in isolation. The sailing community, she discovered, is remarkably supportive and friendly—always willing to lend a helping hand to fellow cruisers facing cruising hardships. Through an app called No Foreign Land, Texas Moon connected with several boats from around the world with other teenagers on board. They cruised together for weeks, giving their daughter an international friend group that she still keeps in touch with.
Loudin spoke with me from a bay in Bequia, a tiny island in Saint Vincent and the Grenadines where she has been stranded for the past six weeks waiting for a local sailmaker to make a replacement for their shredded mainsail. But being stranded doesn’t mean she hasn’t been staying busy. When she isn’t getting to know the local culture or socializing with other cruisers, Loudin runs a successful mediation practice
Loudin began building Loudin Mediation Solutions about two years before setting sail and has thrived as a family law mediator. Most of the lawyers Loudin works with know she’s mediating from a boat, though she leaves it up to them whether to tell their clients. Her staged Zoom background means people can’t really tell where she is, but she is happy to share stories about it when asked. Although, as a divorce mediator, she doesn’t usually publicize to the parties that she is enjoying the beautiful Caribbean, since most of them are going through an emotionally charged season and aren’t interested in hearing about other people living their best life. The mediation practice allows Loudin to work on her own terms and on her own schedule—she can support her sailing budget without sacrificing the freedom she was seeking when she set sail.
After nearly two years on the water, Loudin plans to spend one more season in the Caribbean before heading west to Colombia, Panama, and eventually through the Panama Canal to the Pacific side. Their daughter’s first two years of college influenced this timing since they wanted to stay close enough to hop on a plane if needed. Beyond that, the future for Loudin and Texas Moon is uncertain. They haven’t fully committed to circumnavigation yet, but the goal is definitely on their radar. When asked if she’s ever regretted the decision, she admits it happens—usually when they’re caught in questionable weather. But mostly? She’s traded the stress of family law litigation for the adventure of a lifetime.
Carey Worrell is the managing attorney of SimpleLawTx, a Texas law firm offering efficient solutions in the areas of business transactions, real estate, estate planning, and probate. Carey is also a member of The Houston Lawyer Editorial Board.
Law for all
We congratulate David Harrell for his dedicated service as Houston Bar Association president. His leadership and commitment have made a lasting impact on Houston’s legal community.
Troutman Pepper Locke proudly supports Houston Volunteer Lawyers and the HBF’s and HBA’s 76th Annual Harvest Party.
BuILDInG CoMMunIt Y tHrouGH SerVICe:
The HBA LGBTQ+ Committee
By deBorah lawsoN and Marcela Varela
When Houston Bar Association President Benny Agosto, Jr. established the LGBTQ+ Committee as one of his presidential pillars during the 2019-2020 Bar year, he set in motion something remarkable. What began with 17 members has grown into a dynamic group of over 50 individuals committed to professionalism, inclusion, and improving the practice of law through the participation of LGBTQ+ attorneys, judges, and allies.
The founding leadership—Honorable Steven Kirkland, Honorable Daryl Moore, and District Attorney Kim Ogg—created a blueprint for success that continues today. Their vision extended beyond networking to building community and serving those in need.
Where We are now
Under co-chairs Pamela Brantley Dunnings, Lena Laurenzo, and Jeff Watters, this year marks our most ambitious year yet. What began as social gatherings has evolved into a calendar of meaningful community service initiatives that create lasting impact. For example, the annual Mardi Gras Party raised funds to provide four $2,000 scholarships for local students through Out for Education. The annual Halloween Party benefited the SLAGH Debra Hunt Emerging Leader Award for law students, and our annual Pride Mixer drew more than 200 attendees despite challenging weather—all a testament to showing up for one another!
Direct Service to the Community
What distinguishes our current work is the shift toward handson legal services. Our End-of-Life Clinics provided critical estate planning assistance to community members. We also created comprehensive resources available online and in print, ensuring the clinic’s impact extends beyond those served directly. In partnership with the HBA AIDS Outreach Committee, we
organized an HBA Days of Service event: LGBTQ+ Rights State of the Union Legal Seminar at the Montrose Center. The program, which featured a panel and sessions on civil rights, family law, immigration, wills and estates, labor and employment, and healthcare, drew over 100 attendees. The committee’s success lies in balancing celebration with service. We create spaces where LGBTQ+ attorneys connect authentically while addressing legal needs in our community. This dual focus, building professional community while serving others, ensures our work matters beyond the cocktail hour.
Building Bridges
We’ve expanded our partnerships beyond traditional legal organizations. Our Spring Mixer with EPAH and the Greater Houston LGBTQ+ Chamber of Commerce, and our Fall Mixer with HYLA, SLAGH, and various law school LGBTQ+ organizations, reflect our spirit of collaboration. We also expanded our reach beyond Houston, joining the inaugural Fort Bend Pride Festival. We also recognize the efforts of Georgina Peña, our HBA staff partner, without whom our work would not be possible.
For attorneys seeking to make a tangible difference, the LGBTQ+ Committee offers meaningful opportunities to serve, connect and lead. At its heart, this work is about showing up for each other and for our community. Follow the committee’s work at www.hba.org/lgbtq
deborah lawson is a solo attorney focusing on the LGBTQ2SIA+, Queer, & Poly/Non-monogamous communities and is a founding member of the HBA’s LGBTQ+ Committee and serves as president of Stonewall Law Association of Greater Houston.
Marcela Varela is an attorney at Sidley Austin LLP in the Energy, Infrastructure and Transportation practice. She is also a member of the HBA’s LGBTQ+ Committee.
t he committee’s Halloween Party is one of their most popular annual events.
HBA Health Law Section
By sydNey swaNsoN
The Houston Bar Association Health Law Section has long been a vital forum for attorneys practicing in a highly specialized and dynamic legal practice area. In 2025, more than 180 attorneys participated in the Health Law Section, and the section continues to grow to meet the needs of the health law community. Members include: attorneys practicing at law firms and consulting agencies, counsel for federal and state government agencies, and attorneys engaged by healthcare systems, health insurance companies, drug and device companies, and private investors. The Health Law Section is comprised of attorneys with a wide range of specialties and sub-specialties, including litigators, transactional attorneys, and regulatory compliance experts—reflecting the nature of an industryfocused practice, like health law.
to understand so that it may be readily applied to daily practice.
Beyond the CLE lunches, the Health Law Section has renewed its focus on hosting biannual professional networking events. In spring and fall 2025, the section hosted professional networking happy hours with more than 40 attendees. The goal of these events is to foster a sense of community within Houston’s large legal market and connect established practitioners and students interested in health law alike. We greatly appreciate the officers that support these efforts:
Chair: Katya Nikitina
Chair-Elect: Sydney Reed Swanson
Secretary: Cynthia Adjain
Treasurer: Linda Schoonmaker
CLE Coordinator: Lisa Dahm
As the healthcare industry continues to evolve—driven by regulatory shifts, technological advancements, and changes in healthcare delivery models and business models—staying current on the legal landscape and emerging legal trends is critical. To meet this need, the Health Law Section hosts bimonthly CLE programs. In 2025, the CLE programs covered a broad variety of topics, from changes in federal and state administrative law after the fall of Chevron (referring to the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron doctrine), trends in civil healthcare fraud cases, to changes in Texas Medical Board rules. Panelists often include health law attorneys, as well as licensed healthcare providers. The Health Law Section’s CLE lunches are open to all, and the section routinely hosts members from other HBA sections and students from Houston area law schools. Sessions run 45-60 minutes and focus on presenting complex information in a way that is easy
The Health Law Section stands out for its commitment to delivering timely and tailored educational programing while cultivating an engaged professional network. In 2026, the Health Law Section will continue to provide access to CLE events and networking opportunities to strengthen its members’ knowledge base and ability to lead within the greater healthcare and legal communities.
The section is accepting new members. Member dues are $40. Join the Health Law Section to receive event announcements and section updates. Learn more at www.hba.org/?pg=HealthLaw
Sydney Swanson is an attorney in the FDA & Healthcare practice group of Morgan Lewis Bockius LLP. Sydney focuses her practice on healthcare regulatory and privacy compliance and healthcare transactions.
Tax Law Increasingly Subject to Administrative and Constitutional Law
By Garrett l. Brodeur
Of the many legal trends influencing tax law, arguably none could prove more significance than the growing importance of constitutional and administrative law principles limiting executive power.
In June 2024, the U.S. Supreme Court held in Loper Bright Enterprises v. Raimondo that judges, not agencies, must interpret ambiguous laws, and they must do so using “all relevant interpretive tools.”1 Since Loper Bright, two interpretive tools in particular, have featured prominently in cases before the Supreme Court— the nondelegation doctrine and the major questions doctrine. Both doctrines purport to limit the authority of executive branch actors and could have significant implications for tax law.
the nondelegation Doctrine
tion so long as it “lay[s] down by legislative act an intelligible principle to which the person or body authorized... is directed to conform.”2 Today, the standard requires Congress to make clear in its statutory language both “the general policy” the recipient of its delegated authority must pursue and “the boundaries” of such authority.3 Ultimately, Congress’s guidance must provide sufficient standards to enable both “the courts and the public [to] ascertain whether the [recipient]” has followed Congress’s statutory directives.4
In 1935, the Supreme Court struck down two congressional delegations under the intelligible principle standard.5 Since that year, however, the
provided an “intelligible principle” to guide non-legislative parties’ actions. The intelligible principle standard remains applicable today, but many believe it is too deferential and lacks punch.9 Despite these concerns, recent developments suggest the nondelegation doctrine could be applied more often and with less deference in the future. In Loper Bright, the majority recognized that Congress may “confer discretionary authority on agencies... subject to constitutional limits,”10 possibly signaling to lower courts that constitutional principles such as the nondelegation doctrine should be applied more freely. And, although the Court recently affirmed its deferential approach in nondelegation cases,11 several justices appear inclined to apply the nondelegation doctrine with more bite in the future.12
Major Questions Doctrine
The nondelegation doctrine is a legal principle that prevents Congress from delegating its constitutionally vested legislative powers to non-legislative branches.
For the past century, nondelegation cases have turned on the “intelligible principle” standard, which allows Congress to delegate lawmaking authority consistent with the Constitu-
Court has taken a deferential approach in nondelegation cases and has upheld statutes authorizing, for example, the War Department to define military contractors’ “excessive profits” for purposes of excess profits taxes,6 the Attorney General to temporarily schedule drugs “as necessary to avoid an imminent hazard to the public safety,”7 and the Environmental Protection Agency to set air quality standards at levels “requisite to protect the public health.”8 In all of these cases (and many others), Congress’ grants of authority were upheld because Congress
Like the nondelegation doctrine, in specific contexts, the major questions doctrine13 prevents agencies from exercising authority purportedly delegated from Congress. The doctrine allows agencies to issue regulations to clarify certain statutory ambiguities,14 but not when the ambiguities concern “[questions] of deep ‘economic and political significance’ that [are] central to [a] statutory scheme.”15 The major questions doctrine was first formally announced in West Virginia v. EPA16 in 2022, but several earlier cases appear to turn on its basic premise.17 Most recently, in FCC v. Consumers’ Research, both Justice Kavanaugh (concurring) and Justice Gorsuch (dissenting) expressly acknowledged the major questions doctrine as an important constraint on executive power.18 Justice Kavanaugh has advocated for a “nondelegation principle for ma-
jor questions,”19 and Justice Gorsuch acknowledges that the major questions doctrine helps prevent Congress from “divest[ing] itself of legislative power,”20 so for at least a portion of the Court, the major questions doctrine could serve as a backstop to cabin executive authority in future cases where the nondelegation doctrine might otherwise lack punch. 21
Why It Matters For tax
Most tax rules are found in regulations issued by the Internal Revenue Service (“IRS”) and the Treasury Department (“Treasury”) to fill in the gaps of statutes designed by Congress. Thus, any constitutional or administrative law doctrines limiting the authority of executive agencies to issue regulations could (at least in theory) open the door for taxpayers to argue that certain rules issued by the IRS and Treasury are invalid.
The next phase in the development of the nondelegation and major questions doctrines will occur in the coming months, as the Supreme Court expected to issue a decision in Learning Resources, Inc. v. Trump 22 Among other issues, Learning Resources requires the Court to consider the scope of the President’s tariff authority in light of challenges under the nondelegation and major questions doctrines. Whether and how these doctrines are applied in Learning Resources and future cases should be of keen interest to those in tax law.
Garrett L. Brodeur is an attorney at Skadden, Arps, Slate, Meagher & Flom LLP, where he advises large U.S. and multinational companies on a variety of federal tax issues in all stages of complex civil tax controversies and litigation before the U.S. Tax Court and other federal courts, including both district and appellate courts.
endnotes
1. 603 U.S. 369, 400 (2024).
2. J.W. Hampton Jr. & Co. v. U.S., 276 U.S. 394, 409 (1928) (emphasis added).
3. FCC v. Consumers’ Research, 606 U.S. 656, 673 (2025) (citations omitted).
4. Id. (citations omitted).
5. See Panama Refining Co. v. Ryan, 293 U.S. 388 (1935); A.L.A. Schechter Poultry Corp. v. U.S., 295 U.S. 495 (1935).
6. Lichter v. U.S., 334 U.S. 742 (1948).
7. Touby v. U.S., 500 U.S. 160 (1991).
8. Whitman v. Am. Trucking Ass’n, 531 U.S. 457 (2001).
9. Consumers’ Research, 606 U.S. at 745-46 (2025) (Gorsuch, J., dissenting); Whitman, 531 U.S. at 487 (Thomas, J., concurring).
10. Loper Bright, 603 U.S. at 404 (emphasis added).
11. See Consumers’ Research, 606 U.S. at 656.
12. See Paul v. U.S., 140 S. Ct. 342 (2019) (Kavanaugh, J.); Gundy v. U.S., 588 U.S. 128, 149 (2019) (Gorsuch, J., dissenting, joined by Roberts, C.J., and Thomas, J.) (proposing an alternative to the “intelligible principle” framework); id. at 149 (Alito, J., concurring) (supporting a reconsideration of the nondelegation doctrine); Dep’t of Transp. v. Ass’n of Am. R.R., 575 U.S. 43, 66-68, 74, 77 (2015) (Thomas, J., concurring).
13. The major questions doctrine has been discussed as both an interpretive canon, see, e.g., Consumers’ Research, 606 U.S. at 705 (Kavanaugh, J., concurring), and a “clear statement” rule, see Util. Air Regul. Grp. v. EPA, 573 U.S. 302, 324 (2014).
14. U.S. v. Mead Corp., 533 U.S. 218, 229 (2001).
15. King v. Burwell, 576 U.S. 473, 485-86 (2015) (citations omitted).
16. 597 U.S. 697, 723-24 (2022).
17. See, e.g., Nat’l Fed’n Ind. Bus. v. OSHA, 595 U.S. 109 (2022) (per curiam); Ala. Ass’n of Realtors v. HHS, 594 U.S. 758 (2021) (per curiam); Burwell, 576 U.S. at 473; Util. Air Regulatory Group, 573 U.S. at 302; Gonzales v. Oregon, 546 U.S. 243 (2006); Whitman, 531 U.S. at 457; FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000); MCI Telecomms. Corp. v. AT&T Co., 512 U.S. 218 (1994).
18. Consumers’ Research, 606 U.S. at 705 (Kavanaugh, J., concurring); id. at 745 (Gorsuch, J., dissenting).
19. See Paul, 140 S. Ct. at 342 (Kavanaugh, J., statement respecting denial of certiorari).
20. See Gundy, 588 U.S. at 167 (Gorsuch, J., dissenting).
21. The Court’s reluctance to apply the nondelegation doctrine may also prompt lower courts to limit agency discretion by resorting to the major questions doctrine or other principles that further nondelegation purposes. For example, the “void for vagueness” doctrine furthers nondelegation principles. See Sunstein, Cass R., Nondelegation Canons, 67 U. CHI. L. REV. 320 (2000). Vague laws “impermissibly delegate[] basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis.” Grayned v. City of Rockford, 408 U.S. 104, 108-09 (1972); see also U.S. v. Davis, 588 U.S. 445, 447-48 (2019) (explaining the constitutional foundations of the vagueness doctrine).
22. Case No. 24-1287 (Docketed June 17, 2025). At the time this writing went to press (January 9, 2026), the Court had yet to issue a decision in the case.
The Local
By Joey Hartstone
Published by Doubleday
Reviewed by Nikki Morris
As a Houston-based litigator who practices in counties all over Texas, I have often been on teams where we hire local counsel who knows the jurisdiction, the judge, and just generally has a better lay of the land than us “big city” lawyers. Local counsel can vouch for out of towners in front of judges and a jury. All in all, it seems like a sweet gig because local counsel’s greatest asset to us is their innate knowledge about the jurisdiction, the people, and the judge.
The Local is a fictional story about James Euchre, a local attorney who resides in Marshall, Texas—the home of the Eastern District of Texas’ “rocket docket” for patent cases. Euchre prides himself on being a great attorney and is often tapped by the big firms to assist in the trials for patent cases in the Eastern
District. Although the story starts out a bit slow with some “history” about the Eastern District of Texas and its facedpaced litigation, the book is marketed as a legal thriller, and no legal thriller would be complete without a high-profile murder trial. When Euchre’s new client is accused of murder, he takes on his first criminal trial where his role as lead counsel is to sway the people of Marshall into believing his client—who threatened to kill the victim the day before—is innocent. There are typical small-town Texas tropes like big egos from law enforcement, small town secrets, old high school rivalries that are decades old but still very much in play, one character referred to as “The Leg” based on high school football fame, and a story about a red pickup truck. As a fan of legal fiction (John Grisham may be one of the reasons I went to law school), I picked up the audio version of this book on the recommendation of one of our editorial board members. It was an entertaining listen, and I finished it within a few days of
starting. The author generally does a good job of capturing the tension surrounding a trial, but at times, it is apparent that he is not a practicing attorney and the premise of the story—a patent attorney turned capital murder defense counsel—is a bit far-fetched. For audiobook listeners, the single narrator kept me engaged throughout the story. Overall, I gave it four stars out of five, as it was an entertaining read.
Nikki Morris is a partner at BakerHostetler LLP. She is a litigator with a focus on complex commercial litigation and appeals in a wide array of industries, including oil and gas, energy, healthcare, and more. She has extensive experience appearing in both state and federal courts and representing clients from the initial complaint through discovery, trial and appeal. She is the editor in chief for The Houston Lawyer.
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dence that there are few challenges he cannot face.
When Knox returned to Texas in 2006, he chose law as a profession where he could continue serving others, advocating for people, and fighting for things he believed mattered. The Harris County District Attorney’s Office felt like a natural fit, and he began his legal career there as a prosecutor before later transitioning to civil litigation, and ultimately, plaintiffs’ work.
Knox was also deeply influenced by his father, a trial lawyer and member of both American Board of Trial Advocates and the American College of Trial Lawyers, and he aspired to follow in his footsteps by carrying forward that tradition of service through advocacy.
Today, Knox draws on those lessons every day in his practice. He believes that being a plaintiff’s lawyer is, in many ways, a continuation of being a young platoon commander in the Marines: success requires rigorous preparation and planning, comfort under pressure, clear and effective communication, and the willingness to confront difficult fights head-on. He directly credits his ability to remain calm, adapt quickly, and fight through chaos in high-stakes legal and trial settings to his service as a Marine infantry officer in Iraq.
Matt and Knox believe that they— like many veterans—bring tremendous strengths to legal advocacy that were instilled in them from the Marine Corps: discipline, reliability, resilience, teamwork, and leadership. They believe that veterans understand responsibility and purpose; they know what it means to put others first and remain steady when the stakes are high. All traits that make great lawyers.
Lane Morrison is a partner at Bush Seyferth PLLC, where he concentrates on product liability and class action defense, focusing on critical trial motions and appeals. He is the Articles Editor for The Houston Lawyer
Join the HBa 100 Club!
the houston Bar association 100 club is a special category of membership that indicates a commitment to the advancement of the legal profession and the betterment of the community. the following law firms, government agencies, law schools and corporate legal departments with five or more attorneys have become members of the 100 club by enrolling 100 percent of their attorneys as members of the hBa.
Firms of 5-24 attorneys
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner
Adair Myers Stevenson Yagi PLLC
Ajamie LLP
Alvarez Stauffer Bremer PLLC
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Buck Keenan LLP
Christian Levine Law Group, LLC
Coats | Rose
Crady, Jewett, McCulley & Houren, LLP
De Lange Hudspeth McConnell & Tibbets LLP
Dentons US LLP
Dobrowski Stafford LLP
Doyle Restrepo Harvin & Robbins LLP
Ewing & Jones, PLLC
Fisher & Phillips LLP
Fizer Beck Webster Bentley & Scroggins
Fogler, Brar, O’Neil & Gray LLP
Frank, Elmore, Lievens, Slaughter & Turet, L.L.P.
Funderburk Funderburk Courtois, LLP
Germer PLLC
Gordon Rees Scully & Mansukhani, LLP
Hagans
Henke, Williams & Boll, LLP
Hirsch & Westheimer, P.C.
Holm | Bambace LLP
Horne Rota Moos LLP
Hughes, Watters & Askanase, L.L.P.
Hunt Law Firm, P.L.L.C.
Husch Blackwell LLP
Jackson Lewis P.C.
Jenkins & Kamin, LLP
Johnson DeLuca Kurisky & Gould, P.C.
Jordan, Lynch & Cancienne
Kean Miller
Kilpatrick Townsend & Stockton LLP
Law Feehan Adams LLP
Linebarger Goggan Blair & Sampson, LLP
Liskow
McGinnis Lochridge
McGuireWoods LLP
McKool Smith
MehaffyWeber PC
Morris Lendais Hollrah & Snowden
Murrah & Killough, PLLC
Nathan Sommers Gibson Dillon PC
Ogletree Deakins Nash Smoak & Stewart, P.C.
Paranjpe Mahadass Ruemke LLP
Peckar & Abramson, P.C.
Phelps Dunbar LLP
Pillsbury Winthrop Shaw Pittman LLP
Ramey, Chandler, Quinn & Zito, P.C.
Rapp & Krock PC
Reynolds Frizzell LLP
Roach & Newton, L.L.P.
Ross Banks May Cron & Cavin PC
Royston, Rayzor, Vickery & Williams, L.L.P.
Rusty Hardin & Associates, LL
Schirrmeister Diaz-Arrastia Brem LLP
Schwartz, Page & Harding, L.L.P.
Scott, Clawater & Houston, L.L.P.
Shannon Martin Finkelstein Alvarado & Dunne, P.C.
Shearman & Sterling
Shellist | Lazarz | Slobin LLP
Shipley Snell Montgomery LLP
Smith Murdaugh Little & Bonham LLP
Sorrels Law
Spencer Fane
Sponsel Miller Greenberg PLLC
Stuart PC
Taunton Snyder & Parish
Thompson & Horton LLP
Tindall England PC
Tracey & Fox Law Firm
Ware, Jackson, Lee, O’Neill, Smith & Barrow, LLP
West Mermis
Weycer, Kaplan, Pulaski & Zuber, PC
Williams Hart & Boundas, LLP
Wright Abshire, Attorneys, PC
Wright Close & Barger, LLP
Ytterberg Deery Knull LLP
Zukowski, Bresenhan & Piazza L.L.P
Firms of 25-49 attorneys
Adams and Reese LLP
Andrews Myers, P.C.
Beck Redden LLP
BoyarMiller
Bradley Arant Boult Cummings LLP
Bush & Ramirez, PLLC
Cokinos | Young
Gibbs & Bruns LLP
Hogan Lovells US LLP
Kane Russell Coleman & Logan PC
Littler Mendelson P.C.
Martin, Disiere, Jefferson & Wisdom LLP
McDowell & Hetherington LLP
Wilson Cribbs & Goren PC
Yetter Coleman LLP
Firms of 50-99 attorneys
AZA Law
BakerHostetler LLP
Brown Sims, P.C.
Chamberlain Hrdlicka
Greenberg Traurig, LLP
Haynes and Boone, LLP
Jackson Walker LLP
Morgan, Lewis & Bockius LLP
Susman Godfrey L.L.P.
Winstead PC
Firms of 100+ attorneys
Baker Botts L.L.P.
Bracewell LLP
Hunton Andrews Kurth LLP
Norton Rose Fulbright
Porter Hedges LLP
Troutman Pepper Locke LLP
Vinson & Elkins LLP
Corporate Legal Departments
CenterPoint Energy, Inc.
EOG Resources, Inc.
MAXXAM, Inc.
Plains All American Pipeline, L.P.
Quantlab Financial, LLC
Rice University
S & B Engineers and Constructors, Ltd.
Law School Faculty
South Texas College of Law Houston
Thurgood Marshall School of Law
University of Houston Law Center
Government agencies
Harris County Attorney’s Office
Harris County Domestic Relations Office
Lone Star Legal Aid
Metropolitan Transit Authority of Harris County, Texas
Port of Houston Authority of Harris County, Texas
1st Court of Appeals
14th Court of Appeals
