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Directors (2025–2027)
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Farewell and Thanks!
By Sara Murray
With this issue, I end my tenure as Editor in Chief of San Antonio Lawyer® and as Chair of the SABA Publications Committee. I am handing the reins to these positions over to Leslie Sara Hyman, who has served as Departments Editor since 2005. Natalie Wilson will continue serving as Articles Editor, a job she assumed when I became Editor in Chief upon the retirement of Editor in Chief Emerita Barbara Hanson Nellermoe. Pat Autry will continue serving as Vice Chair of the Publications Committee. Leslie, Natalie, and Pat have all done excellent jobs in their respective positions, and I am certain they will continue doing excellent work going forward.
San Antonio Lawyer® is—and has always been—very much a team effort, and together we have had the joy of seeing the magazine become a consistently award-winning publication. I want to personally thank all those who have served on the Publications Committee, especially Regina Stone-Harris, Leslie Sara Hyman, Pat Autry, Steve Peirce, Stephen Gordon, Barry Beer, Paul Curl, Amy Bitter, Curt Moy, Natalie Wilson, Linda Brandmiller, ileta! Sumner, and—of course— Barbara Hanson Nellermoe, who still attends our meetings via Zoom from Minnesota, and whose leadership and hard work got the magazine and the Committee off to such a great start.
I also want to personally thank the many, many lawyers and judges who have generously committed their time and effort to writing articles for the magazine, thereby ensuring we always had excellent content to publish. I can truthfully say that for the entire thirty+ years that I have been on the Publications Committee, we always had the content we needed to go to press. Finally, we all owe Monarch Media and SABA a huge debt of gratitude for their constant support of San Antonio Lawyer®
While I am stepping down from all leadership positions with the magazine, I plan to remain a member of the Publications Committee. Please consider joining us or even submitting an article now and then!
Right: Sara Murray’s son, Michael Murray (left), accepts the President’s Award for her work on San Antonio Lawyer® magazine on Sara’s behalf from SABA Past President Steve Chiscano.
Adventures of Phil Hardberger
Patricia O’Connell Alvarez On the Importance of an Independent Judiciary
Above: Select covers of San Antonio Lawyer® from 2014 to present.
Left: ileta! Sumner accepts a Stars of Texas Bars Award in 2025 for her San Antonio Lawyer® article.
Frank Herrera Jr. Fights to Win
By Rachel Lynch
Photos Top: Frank takes in the rich history and achievements showcased at The Herrera Law Firm. Left to Right: 1951, Frank, front row left, altar boy; High School graduation; Frank, Hon. Phil Hardberger, Don Waldheim; Hon. Andy Mireles, and Jack Norman
Cover and feature photos by Jessica Mewborne Photography on location at the Herrera Law Firm in San Antonio.
In April of 2024, I met Frank Herrera Jr. in the conference room at The Herrera Law Firm. Frank sat at the head of the table. His son, Jorge, and his wife, Cecilia, sat on his left. Spread out on the conference table in front of them were photos: Frank as a child wearing a church robe, Frank grinning in a graduation cap, Frank fishing, Frank with Phil Hardberger, Jim Branton, and others in the 80s. As Frank, Jorge, and Cecilia showed me photos and told stories, I came to understand the importance of Frank’s motto: “Winning isn’t luck, it’s knowing how to fight.” This motto applies to much more than Frank’s nearly-sixty-year law career. Frank has fought for everything he has.
Despite his small stature, Frank easily commands a room. His intellect shines as he speaks; his smile is infectious. His childhood priest once told him he has “the gift of gab.” You can’t help but lean in and listen closely when he talks.
And there is a lot to talk about. The tales of Frank Herrera Jr. could fill an epic—a sprawling, multi-book biography, packed with adventure, humor, hard work, love, loss, success, grit, and family. At the center of the story is a man with a huge heart, an unbeatable work ethic, and a deep desire to make a positive difference in people’s lives.
A Lawyer Is Born
The story starts in Edna, Texas, about two hours southwest of Houston. Frank was born in Edna in 1943, when the city had a population of about 3,000. Frank’s father, Frank Sr., was a mechanic and an Edna native. His mother, Elvira, was a Mexican migrant worker who cleaned motels. Frank was the second oldest of six children. The family lived in a modest house without interior doors. Curtains separated the rooms. The family used an outhouse until Frank Sr., a skilled builder, constructed an attached bathroom.
At age seven or eight, Frank accompanied his father to the Jackson County Courthouse to watch a local trial. “I didn’t know what was going on,” Frank said, “but that’s what sparked the idea [of becoming a lawyer].” When Frank returned home, he told his mother that he wanted to become a lawyer.
The trial was that of Pete Hernandez, a migrant worker accused of murder. Hernandez was indicted by an all-White jury. At that time, no Mexican Americans had served on a Jackson County jury in over 25 years. The indictment raised questions about the legal treatment of Mexican Americans. The trial evolved into Hernandez v. Texas, a Supreme Court case that established Mexican Americans as an
equal class protected under the Fourteenth Amendment. Hernandez’s conviction was overturned because he was convicted by a jury selected from an all-White jury pool. Frank followed the Hernandez case as it developed. He observed civil rights attorney Gus Garcia become the first Mexican American to argue before the Supreme Court. In Garcia, Frank found a hero. Frank decided to become a lawyer and dedicated himself to making a difference.
Edna, a predominantly White city, offered little opportunity for a poor Hispanic man. Like many people in Edna, Frank worked in the cotton and oil fields. But Frank always planned to leave Edna, attend college, and then go to law school. As Frank’s contemporary and friend Judge Juan Vasquez explained, Frank grew up in the golden era of the American Dream; “it seemed like if you had the work ethic, it would eventually be rewarded.” Frank had the work ethic, but people doubted him. According to his son Jorge, people repeatedly told Frank that he shouldn’t bother applying to college, and that he should “stay here, follow the path that probably is specifically chosen for you.”
But Frank chose his own path, and his parents supported him. Neither Frank Sr. nor Elvira finished grade school, and they wanted to give their children the opportunities they could not access. They never told Frank that his dream of being a lawyer was out of reach. They fostered his intellect, drive, and dedication, and encouraged their children to work hard and aim high.
Frank’s mother was his number one cheerleader. When people told Frank not to apply to college, Elvira would say, “No. He wants to go to college, he’s going to go to college.” When people asked how the family would afford a college education, Elvira would say, “We’ll figure it out.” When Frank was admitted to St. Mary’s University in San Antonio, his high school principal joked about the cost, telling Elvira, “You must have an oil well in your backyard!” Elvira responded, “No oil well. Brains!”
Elvira was confident Frank would earn scholarships, and he did. To cover the rest of the cost, the family scraped together what they had and took out loans. In 1960, Frank graduated high school and left Edna for college in the big city.
Educating a Lawyer
Although the transition from tiny Edna to bustling San Antonio initially left Frank “overwhelmed,” he thrived at St. Mary’s University. There, he studied English and Political Science. Personable and passionate,
“Winning isn’t luck, it’s knowing how to fight.”
Photos Top to Bottom: Frank early days; Law student Frank with Professor Orville Walker, 2011; Papal Nunci inducts Sir Frank and Dame Cecilia into Equestrian order of the Holy Sepulchre of Jerusalem
Frank quickly made friends. One of his closest college friends is Robert Brischetto. Robert, who is from St. Louis, arrived for his freshman year at St. Mary’s University by train. Robert recalled stepping onto the railroad platform and being greeted by two things: the wild weather of Hurricane Carla, and Frank. Frank was the first Mexican American Robert had ever met.
That day “started a lifelong friendship” for Robert and Frank. They are godfathers of each other’s children and consider each other a brother. They are also fraternity brothers. To “set an example for integration,” the two and a few other students joined the historically Black fraternity, Alpha Pi Alpha.
Frank graduated with a bachelor’s degree in 1964. He then attended St. Mary’s University School of Law. One of his law professors was Carlos Cadena, who had worked with Gus Garcia on Hernandez and was involved with several other less high-profile civil rights cases. According to Robert, Cadena took Frank under his wing and Cadena’s mentorship “was important for Frank’s focus in his career.” Cadena was the type of lawyer Frank had admired in childhood: someone who fought tirelessly to improve people’s lives and their access to rights, as well as a fellow Mexican American. Cadena’s guidance allowed Frank to develop his own goals as a lawyer. Frank completed his law degree in just two and a half years.
The Beginning of a Prolific Legal Career
Frank was admitted to the Texas Bar in 1967. That year, he began working for the National Labor Relations Board. He worked
there for two years, until Arthur Gochman offered him a job as a labor law attorney and, importantly, a raise. “Arthur said, ‘Frank, how much do you earn now, at the government?’ I said, ‘$9,000.’ He said, ‘I’ll pay you 10.’ I said, ‘I’m gone!’”
After working with Gochman, Frank started his own law firm. Frank’s parents refinanced their home so he could afford office supplies. A few years later, Frank met fellow attorney Phil Hardberger in a downtown Travelodge. Phil recalled the beginning of their relationship fondly: “Every time I’d go into the Travelodge, I’d see this little Hispanic guy with a whole lot of personality drinking coffee. So, we started drinking coffee together. And then sometimes we didn’t just drink coffee. . . . We’d go to the Raging Bull and have a beer or so together, but in any case, we became friends. . . .”
Over the next year, Frank and Phil bonded over drinks, their legal work, and their similar upbringings, and eventually found themselves in a position to go from friends to business partners. They started the Law Firm of Hardberger & Herrera.
According to Jorge, they got off to a rocky start, trying cases together and losing “several trials in a row.” Finally, a judge suggested they try cases separately. They did, and they started winning. From then on, Frank and Phil split everything—caseload, earnings, losses—50/50, made a promise to never say “I told you so,” and became a powerful team.
“Frank always brought in more clients than I did,” Phil admitted with appreciation. “People really inherently like him.” Phil admires Frank’s tenacity, and how “he would
go to the last extreme to help a client.” He remembered how Frank, on more than one occasion, argued for up to eight hours over a half-cent-an-hour wage increase for laborers. Frank would “just sit there like a statue, hardly saying anything, but never give in. And in the end, he always got what he was arguing for.” Frank’s dedication to bettering the lives of working people any way he could, be it a half-cent-per-hour or a $900,000 settlement, helped Hardberger & Herrera grow.
Frank’s Spanish also helped the firm, as did Phil’s pilot’s license. They purchased a plane and flew to Mexico to represent Mexican laborers who had been injured on the job in the United States. Frank provided a friendly face and a familiar language to poor workers who otherwise might not have found representation. The plane provided these clients with attorneys who could come to them, rather than making them return to the U.S.
Amid all their hard work, Frank and Phil never lost their appreciation for spending time together. Sometimes they’d hop in the plane just for fun. If they’d had a good day, Frank would look at Phil and say, “We’ve made enough money for today, and the sky is blue! Let’s go flying.”
Hardberger & Herrera operated for twelve years. Over those years, other attorneys joined and left. Jim Branton, Judith Douglas, Andy Mireles, and Don Walheim all passed through, but Frank and Phil were always the major partners. Thanks to their 50/50 split model, they never had a fight. They remain friends, so close that they are “part of the family.”
Even the firm’s dissolution was peaceful. Frank had always wanted to own his own firm,
Frank & Cecilia at the 2021 Gala with Steve Chiscano.
Personal photos courtesy of Frank Herrera Jr.
Left to right: Partners of the Herrera Law Firm: Javier Herrera, Laura Tamez, Frank Herrera and Jorge Herrera.
so, in 1983, he and Phil went their separate ways. To divide their nearly 400 cases, they had a secretary put all the client names into a hat and took turns drawing slips of paper. “Some of them were million-dollar cases, and some of them were worth about five dollars,” Phil laughed. “It was kind of a hilarious deal, even though we were sad about parting.” Once the hat was empty, their twelve years of legal partnership officially ended, they went over to the Raging Bull and had a drink.
The Herreras and The Herrera
Law Firm
The opening of The Law Offices of Frank Herrera Jr. was a moment Frank had worked toward most of his life. The firm reflected his tireless work, passion, business acumen, and fighting spirit. More than forty years later, the firm still thrives as The Herrera Law Firm. Located in a beautiful and historic building in the heart of San Antonio’s West Side, the firm grew into a family affair, with Frank’s sons Jorge and Javier working with him, along with partner Laura Tamez who is like Frank’s daughter.
Jorge and Javier are Frank’s only children. Frank met their mother, Alia Kifuri, while at
Hardberger & Herrera. At the time, Alia was a representative of Joe Bernal’s 1976 state senate campaign. She went to Frank’s office, hoping to leave with a campaign contribution. She left with Frank’s promise to contribute and an offer to take her out on a date. Although Alia declined, they saw each other through involvement in Bernal’s campaign. Frank persisted in his invitations. Alia finally agreed to go out with him. Within nine months, they were married.
With the births of sons Jorge and Javier, Alia became a full-time homemaker, involved in her church and local politics. Alia and Frank were active in their sons’ lives, taking part in school activities and sporting events.
In 1994, Alia was diagnosed with cancer. The doctors told her she had six months, but Alia was determined to live another two years, to see Jorge graduate high school and Javier graduate middle school. The boys graduated in May 1996, and Alia passed away in July of the same year. The alumni center at Central Catholic High School—the boys’ alma mater—is named in Alia’s honor.
After Alia passed, Jorge delayed college attendance to stay home with his family. At Frank’s urging, Jorge took part-time classes
at St. Mary’s University to stay on track. Eventually, he and Javier both completed college and law school, following in their dad’s footsteps.
Jorge and Javier grew up seeing their dad in action, in court and in the community. Seeing “what he did, and the people he helped,” was “inspirational,” said Jorge. But even more than Frank’s legal work, Jorge was inspired by his dad’s work with nonprofits. He remembers meeting workers whose jobs Frank tried to save by preventing the closure of Kelly Air Force Base. Jorge also remembers Frank’s role as Chair of the Mexican American Legal Defense and Education Fund. Today, Jorge sits on that board—in “the Frank seat.”
Like his parents, Frank recognized his children’s intelligence and encouraged hard work and education. “He always pushed, and said, ‘whatever you’re gonna do, just be the best,’” Jorge remembered. Growing up, the boys “weren’t even to think about silver. The standard was always gold.” Frank’s high expectations served his sons well. Jorge and Javier attended rigorous colleges (Columbia University and Boston College) and law schools (The University of Texas and St. Mary’s University School of Law).
Frank also taught his sons the value of balancing work with fun. During college, Frank often spontaneously visited his sons, bringing a weekend of good meals and better experiences. Javier’s favorite memory is the time he, his friends, and Frank tailgated a Boston College football game. Fresh from neck surgery, and still confined in a brace, Frank leaned into the rowdy tradition, enjoying the beer, cocktails, and greasy food as much as the students. Whenever Boston College scored
a touchdown, Javier and his friends tossed Frank high into the air in celebration. Frank called Jorge after the weekend was over to let him know he’d had a “fantastic time.”
Following law school, Jorge and Javier began working with their dad. Frank’s expectations remained high. When Jorge passed the bar, he and Frank went out drinking. The next day, Frank walked into Jorge’s office and tossed a folder on his desk. “You’ve got a deposition tomorrow,” he said. “Don’t screw it up.” Jorge
spent the rest of the day preparing, drove alone to the Valley, where the deposition would take place, and continued preparing. At 9:00 p.m., Frank knocked on Jorge’s hotel room door. The next day in court, Jorge slipped Frank a sticky note with the client’s name on it, and the two of them tried the case together. “It was fun. We had a blast, remember?” Jorge asked, and Frank agreed. The pair got a great verdict for the client, all because Frank insisted on trying the case.
The Herrera men have worked together for over a decade. Jorge, Javier, and Laura split the firm’s responsibilities, while Frank is the chairman.
A New Love
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In the meantime, Frank met his second wife, Cecilia, an employee of the Department of State. Cecilia was stationed in Mexico City and met Frank when he was in town settling a case. They connected easily and began to talk on the phone. The next time Frank was in Mexico City, he asked her out.
Frank took Cecilia to the Xochimilco Floating Gardens. Frank showered Cecilia with gestures and gifts. He had a worker take the name off one barge and hammer it onto their barge, so that they could ride on the Cecilia He bought her beads, orchids, and Mariachi serenades. Cecilia told him, “Frank, I am not at all impressed by what you are doing.”
On their barge, there was a bucket with three beers, which they drank. When their barge docked, the attendant informed them the beers cost $1.25. Frank had spent all the money he had, so “without missing a beat, he turns to the man and says, ‘Can you keep her while I go look for some money?’” Cecilia laughed.
Luckily, Frank found some money quickly. And luckily, Cecilia still wanted to see him again. They began to date long distance. Cecilia met Jorge and Javier, and two years later she and Frank set the date for their wedding.
While preparing for the wedding, Cecilia realized it was time for her annual mammogram. She planned to postpone it until after the wedding and honeymoon, but Frank insisted that she go. His insistence likely saved her life; at the appointment, Cecilia was diagnosed with advanced breast cancer.
“I knew that was a dealbreaker,” Cecilia explained. “I mean, the boys had lost their mother, and Frank . . . .” Frank’s mother had died of cancer a few years before. Cecilia tried to cancel the wedding, but Frank, Jorge, and Javier stuck by her. When she finished chemo and radiation treatment, she and Frank got married.
Cecilia has been cancer free for 25 years, and she and Frank will celebrate their 25th
anniversary this November. Because of Cecilia’s job with the Department of State, much of their marriage has been long-distance, but it has been wonderful regardless. “We’ve had a fabulous, fabulous life,” Cecilia said. “He’s a very special man and I feel blessed to be a part of this family.”
The Mutual Herrera Enterprises Cell
Being a part of the Herrera family means being involved in what Henry Cisneros jokingly calls “the Mutual Herrera Enterprises Cell.” The Cell includes things like: The Herrera Law Firm, real estate development on the West Side, and engagement with the community through a variety of social, political, and economic causes. Frank, Jorge, Javier, and their wives, are instrumental in ensuring that Herrera endeavors run smoothly.
A large part of the Herreras’ responsibilities relate to their roles as Tier 1 suppliers for Toyota, a job which they took on when Jorge was in law school. Frank requested that Jorge come to San Antonio for a meeting. At the meeting, Henry Cisneros informed the Herreras, Max Navarro, Fernando Reyes, and Berto Guerra that a major corporation planned to set up in San Antonio, and they were looking for Tier 1 suppliers. Without even knowing which corporation, or what a Tier 1 supplier was, Frank told Jorge, “We’re gonna do it.”
Soon Frank, Jorge, and Cecilia were studying up on Japanese culture and flying across the globe to meet their new business partners. Toyota hugely impacted San Antonio’s economic development, creating steady, well-paying, blue-collar jobs. Years later, the Herreras remain an integral part of Toyota, handling inventory, storage, and shipping of parts at their warehouses in San Antonio, Dallas, Mississippi, West Virginia, Arizona, and Mexico. “We always joke around about it,” Jorge said, “from his [Frank’s] dad being a mechanic, to dad being the first to go to college, then law school, starting the firm. . . . now Toyota!”
Family and Community Matter
Frank has a special knack for making everyone feel like family. He puts people at ease and earns their trust because he has their best interests at heart. Judge Tina Torres described Frank as “the ultimate host,” whether with close friends like Robert and Phil, clients, young lawyers he mentors, seasoned attorneys, members of the San Antonio community, or Japanese businessmen. Frank makes everyone feel
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The San Antonio Bar Foundation’s Gala, “Puttin’ on the Ritz,” was a sold-out celebration of San Antonio’s legal community. The San Antonio Young Lawyers Association, the San Antonio Bar Foundation and the San Antonio Bar Association came together to honor their 2025 award recipients during an evening filled with elegance, camaraderie and purpose.
Thanks to the generosity of our sponsors and attendees, the event raised more than $110,000 in support of the San Antonio Bar Foundation. These funds advance the Foundation’s mission to enhance the rule of law and justice in Bexar County by supporting initiatives that promote legal ethics, the administration of justice, pro bono services and scholarships.
The evening concluded on a sweet note with dessert and live music in the jazz lounge—an encore befitting a night dedicated to celebrating service, excellence and the spirit of our legal community.
SABA President Nick Guinn and Henry Gonzales hosted this year’s Paddle Ask
SABF award honorees Andy Segovia, Outstanding Lawyer in Community Service, and Dwayne Robinson, Peacemaker
SAYLA President Richard L. Clifton Jr with SAYLA honorees Chris Mazzola, Outstanding Young Lawyer, Jacquelyn Callanen, Liberty Bell and the Hon. Patricia Alvarez, Outstanding Mentor
SBOT President Santos Vargas and Immediate Past President Steve Benesh
SAYLA President Richard L. Clifton Jr. presenting the SAYLA awards
The crowd rose to a standing ovation for Ted Lee.
The 2025 Paddle Ask was a record breaking year, raising funds to ensure the SABF can continue its mission
Hon. Charlie Gonzales, Hon. Beth Watkins and SABA Board Member Kristal Thomson enjoy the evening
SABA President Nick Guinn and Immediate Past President and Chair of the SABF Patty Vargas were the hosts for the evening
Ted Lee dedicated his acceptance speech to his grandson.
Ted Lee accepts the SABA Lifetime Achievement Award–The Joe Frazier Brown Award of Excellence.
Attendees enjoyed music and dessert in the Jazz Lounge following the evening’s program
Gala photos by Jessica Mewborne Photography
f you’ve been enjoying this magazine, and we hope so, you have our Editor-in-Chief, Sara Murray, to thank. After serving this publication for as long as I can remember, this will be her last issue as Editor-in-Chief. I met Sara about 25 years ago as opposing counsel in litigation and appeals involving two lawyers fighting over a split of contingent fee recoveries. She is among the best appellate lawyers you can find, with a scarily effective command of words and where to put them. Better yet, she strikes the right balance between toughness and civility, the kind of lawyer you don’t want to face, but the kind that you would immediately hire if you needed one. And in a world where taking credit and shifting blame is all too common, Sara shies away from taking credit for our award-winning magazine, so much that this
piece was hidden from Sara and she will not see it until you do, because we knew that she would not approve of any article featuring her. But I figure that I can’t be fired from an unpaid writing job by an unpaid former editor, so here goes, with my apologies in advance to Sara.
The first thing to know is that Sara has her own reasons for stepping down, because if it was up to us, we would keep her here forever. We are proud of our work here at San Antonio Lawyer. It has become a source of legal education, news, and history for the San Antonio Bar. Each issue features a profile of a member of the bar, with the idea that lawyers are human too, and that lawyer sitting at the other counsel table or across the conference room from you also has a family, bills to pay, personal crises to deal with, and just maybe has some cool and interesting things going on
as well. It goes a long way toward fostering that ever-elusive concept of civility in our profession. Sara has been our guide through all of that, holding meetings every month, sorting out which topics or people to write about, making decisions on how best to use space, keeping everyone on their deadlines, and critically reading every word of every piece to save us from embarrassing typos, grammatical errors, or just plain stupidity, but always with a light touch. It is a heckuva lot of work, and is not without personal risk, and we thank her from the bottom of our hearts. The magazine probably would not have gotten this far without Sara. But it will continue on (thankfully), with the able Leslie Hyman as our new Editor-in-Chief, and we hope that Sara will stay connected with the magazine in some capacity.
Here’s what some of our folks had to say about Sara, with the last word from attorney Mike Murray, Sara’s son:
Roses for Sara. Few people have been as influential in my writing world as you, Sara. You have spurred my curiosity, encouraged my creativity, and piqued my desire to share the legal world through ileta-shaded glasses. The amazing thing is that while your attention has seemed tuned particularly to me, I know that each and every author who has contributed to SAL has also been the recipient of this as well. Historically, you have demurred whenever anyone attempted a public acknowledgement of your inspiration, thanked you for your contributions, or simply recognized the length of your tenure with the magazine. But, we’ve got you captive! You cannot hide! Nor can you ignore the impact your talent has had on the magazine, its readers, and all of us who have written for you. So, bask in the glow of the spotlight as it sets on you. You deserve these roses.
—ileta! A. Sumner
I met Sara over 25 years ago when we both taught legal writing and served as editors for San Antonio Lawyer. Our work as editors led to friendship—a friendship that flowed from the hard work needed to publish the magazine. The magazine has won many awards, but only committed editors appreciate the effort needed to publish the magazine. Volunteers do all writing and editing; ad sales pay for the publication of the magazine. These circumstances often lead to stress for the magazine’s Editor in Chief. When Barbara Nellermoe stepped down as Editor in Chief, several longtime editors were qualified for the position and understood the required effort. But Sara stood out as “willing” to take on the leadership role. That willingness led to one great issue after another. Although many editors and writers have contributed to the magazine’s success, that success would not have occurred without Sara’s leadership, diligence, guidance, and attention to detail. Sara set a high bar for going forward.
—Regina Stone-Harris
I am eternally grateful that Sara encouraged me to join the Publications Committee when I joined Langley & Banack 15 years ago and offered me the job of Articles Editor when she vacated it to become Editor in Chief. Working on the magazine has been one of the most enjoyable “extracurriculars” I’ve undertaken in my career. Not only did I benefit from the additional exposure to Sara’s incredible
writing and editing prowess, I learned so much about substantive legal topics and the amazing members of the San Antonio Bar, and met other lawyers who I would otherwise have not interacted with in the course of my practice. (That, by the way, is a pitch for any of you reading this to join the Committee or write an article!). But most of all, Sara became more than just a colleague. She is a true friend, who pours herself into others with the same unending generosity and care that she devotes to her clients and San Antonio Lawyer. From the bottom of my heart, thank you, Sara!
—Natalie Wilson
Sara has been leading this magazine’s authors and editors since before I joined this team, since before I was a lawyer. Sara has not been merely an effective Editor in Chief, keeping the team on schedule for publication. She has been the team’s model of care and the spark keeping the writers and editors motivated to give their time and energy to tell the stories of our fellow lawyers. Her dedication has been a great gift to us all. We will miss you, Sara.
—Clay Robison
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“Quality is never an accident;” and I think Sara must have adopted this as her personal slogan. As editor of San Antonio Lawyer, Sara’s goal was always to produce a quality product that would be useful to the local bar. She did that, and it was no accident; it was the result of Sara’s dedication and effort. We are lucky to have had Sara as our editor-in-chief, and for such a long tenure.
—Paul Curl
Sara, thank you so much for all the time and effort you have dedicated to San Antonio Lawyer over the last few decades. Under your leadership, we have consistently managed to publish in-depth award-winning articles of high quality that addressed a variety of topics of interest to our local legal community. You have always led the committee with a positive and welcoming attitude, and created an atmosphere that brought out the best in our authors and editorial staff.
—Stephen H. Gordon
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Thank you Sara for all you have done to encourage writers, wrangle editors, and continue our tradition of excellence. No one can fill your shoes. The editorial team and I can only strive to maintain the legacy of the magazine that we love and that Judge Nellermoe and you have both so ably helmed.
—Leslie Hyman
Sara’s leadership as Editor in Chief of San Antonio Lawyer has been superb. She set high standards which resulted in the magazine receiving many awards from the State Bar of Texas. I had been involved as an editor since the early 2000s and was able to observe Sara’s immense influence on the magazine. Unfortunately, I have not been able to participate in recent years due to conflicts and caseload demands but I was looking forward to returning and working with Sara. She always encouraged new ideas and creative suggestions for content. Sara’s success and impact as Editor in Chief will always be appreciated and never be forgotten.
—Per Hardy
I am so grateful for the guidance that Sara has given in the years that she has tried to keep us all reined in and on task as a group. And she always made me sound better than what I actually said or wrote. We have all been blessed!
—Amy E. Bitter
I can’t recall a single conversation with Sara Murray that wrapped up in less than two hours. She listens deeply, asks challenging questions, and has a way of making you test your own reasoning. Sara’s convictions are steady, yet she can argue the other side so well you almost believe she’s shifted. She hasn’t; she’s simply brilliant. She never shied away from calling me out if she disagreed with how the bar managed the magazine, and our sparring always came with plenty of laughter. Although she is private by nature, I feel fortunate to have seen a side of her that few others do. Thank you, Sara, for sharing your time, your candor, and your friendship.
—June Moynihan
Sara Murray’s efforts have given us all a reliable and authoritative encapsulation of the people and principles that drive our profession forward in our community.
—Mike Murray
It touches me to know that so many others see in my mom what I’ve always seen in her. She is a wonderful mother, above all else. But she has also been an inspiration to me. She started law school when I was in high school and passed the bar not long after I started college. In my formative years, I watched all of that closely and saw how fulfilling she found her new calling. I had never considered a career in law until I saw just how it changed her life; now, I can’t imagine ever having done anything else. She continues to inspire me professionally. She has been, and continues to be, a remarkable advocate; but as the well-earned plaudits in this piece suggest, her professional mark exceeds that description. I’ve seen how she has tirelessly given of herself and her service to the San Antonio Lawyer has been a labor of love for most of her professional life. Those efforts have given us all a reliable and authoritative encapsulation of the people and principles that drive our profession forward in our community. That commitment inspires me to seek ways to serve others, in the Bar and beyond. Thank you for supporting and for honoring her. Thank you, Mom, for shaping and inspiring me. I love you and am endlessly proud to be your son.
—Mike Murray
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The Backstory
The San Antonio Bar Association (SABA) had been plugging away quite nicely for over 68 years when in 1984 its incoming president determined that a philanthropic arm was necessary. “Legally, there was absolutely no way to fundraise without there being a charitable piece to our organization,” then incoming SABA president, Dan Naranjo, recounted recently. “Moreover, there was not a way to underwrite community projects, which is an essential element of every legal organization. Community endeavors exemplify our attorneys’ commitment to, and appreciation of, the rule of law. Without them, society is lacking a window into the very hearts of lawyers.” And with that, the seeds of the San Antonio Bar Foundation (SABF) were planted. Still, even though it has continued to grow steadily and make great strides over the ensuing forty years, there are those who feel that it has yet to reach its potential, that its initial dream has yet to be realized, and that there is an untapped power within its walls just waiting to be unleashed.
Picture it: It is a hot summer day in June 1984 and a gaggle of attorneys are gathered, where else, but at the Annual Convention (as it was then called) of the State Bar of Texas (SBOT). A small group of San Antonio
San Antonio Bar Foundation A Middle-aged Institution that
is Still in its Infancy
By ileta! A. Sumner, esq.
lawyers gathered, quietly contemplating the state of law in our fair city. When queried as to the inception of the foundation, one of its original three trustees, venerated attorney Hull Youngblood quickly responded, “As with most things in life, it was Dan Naranjo’s idea!” Yes, after learning about the Dallas Bar Association’s success with establishing its foundation in the Belo Mansion, Dan posited, “Why not San Antonio?”
Dan felt the overwhelming driving force for creating the foundation was that we had to communicate with our community our dedication to the rule of law. Lawyers have a negative connotation already associated with our profession, presumably because we are needed in people’s lives when they are at their lowest: someone has died; someone has had an awful accident; someone has problems with their employment; someone has been arrested. Therefore, there was an innate need to overcome that awful perception.
Consequently, Dan turned to the Texas Bar Foundation (TBF) for guidance on just how one went about starting a foundation. Using the TBF as his model, Dan set about enlisting the assistance of business lawyer, Hull Youngblood, in drafting Articles of Incorporation. In addition, he convinced local judge, Hon. Fred Shannon, to join the
duo to serve as the initial Trustees for the new foundation, and to serve as its first Chair. After careful contemplation, along with input from San Antonio luminaries such as Oliver Heard, Hon. Nelson Wolff, and Hon. Edward Prado, to name a few, said Articles of Incorporation for the establishment of the SABF were filed with the Texas Secretary of State on July 19, 1984, and the SABF was formed.
Immediately, upon its creation, SABF was faced with an almost insurmountable task: How would it convince the membership of SABA, as well as the San Antonio community at large, that this charitable arm of its organization was not only a desirable addition to the legal landscape, but a requisite part of its future success? After all, it had over 68 years of progress under its belt without it. Why was it so desperately needed, and why then?
2024 SABF Chair, Steve Chiscano, says the answer to that question then is the same as it is now: “It is the job of the foundation to educate the public why everyone needs access to attorneys. The greater community does not have an appreciation about how lawyers help our society.” Hence, the projects of the foundation not only provide needed services, their very existence communicates the concern that runs deep in the hearts of its legal practitioner members.
Founders of SABF: Dan Naranjo, Hon. Fred Shannon, and Hull Youngblood, October 13, 2024
Membership in the foundation is restricted to members of SABA who are in good standing with the SBOT, and is divided into three levels of membership: Fellows, Life Fellows, and Sustaining Life Fellows. Numbering over 650 (including the addition of 21 new fellows in 2025), fellows volunteer and financially support the foundation’s mission with basic members pledging $1500 over ten years. Although originally it had its own board of directors, currently leadership is comprised of the sitting SABA board, with the SABA Immediate Past President serving as the foundation Chair. This one board holds separate foundation meetings with its separate minutes and committee reports for each organization.
The foundation has overseen a myriad of projects since its inception and has awarded over $1 million locally. The Legal Literacy Committee and a peer mediation project were part of the initial endeavors. It is interesting to note that although the Community Justice Program (CJP) and San Antonio Legal Services Association (SALSA) are both charitable in nature they, in fact, were under the auspices of the bar association. Still, over the years, People’s Law School, the Peacemaker Awards Gala along with other prestigious awards, Law Week, as well as multiple tournaments – Charity Golf, Clay Shoot, and Pickle Ball – have also made the roster of foundation events, with many morphing over the years. Here’s a look at a few of these:
AIM for Non-violent Student Resolutions
The foundation has been the catalyst for enduring ventures such as the Bexar County Dispute Resolution Center (BDRC), which was an offshoot of the SABF Community Support Committee that had Dan Naranjo as its founding Chair. Because Dan’s day job involves international mediation and arbitration, he has been a vocal advocate for the extinguishing of conflict without violence. “Courts cannot keep up with disputes; therefore, there is a desperate need for alternative dispute resolution,” according to Dan. Hence, it should be no surprise that the foundation Dan began focused on peer mediation among students.
According to Amy Halstead, the current AIM Administrator, “Peer mediation began in 1984 in only three schools,” under the supervision of the SABF. Since around 2020, the BDRC has operated the peer mediation project, Amigos in Mediation, or AIM, in over 100 elementary, middle, and high schools throughout Bexar County. “During the 2024–2025 school year, 1,600 students at 21 campuses in 8 districts participated in conflict resolution training through AIM. Additionally, 170 school counselors participated in supplemental mediation professional development. The problems addressed have morphed from physical forms of abuse to cyberbullying through email and social media, fitting new resolutions to the changing needs of
schools,” explained Ms. Halstead. As per the AIM website, the results are that students collaborate to generate non-punitive “win-win” solutions, and are encouraged to become active citizens and leaders who serve as peaceful problem solvers well after their primary school years are behind them. Intriguingly, despite its overwhelming success over the decades, there is no mention of the SABF on the current AIM website.
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When the People’s Law School first opened its doors in 1987, it was envisioned as a multi-week event held in the fall. For the low cost of $15.00, 40 participants could attend as many, or as few, of the eight sessions offered on Thursdays in October and November in Your Courts and How They Work, Responsibilities of a Juror, Automobile Accidents
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For more information, contact the local San Antonio Chapter. www.attorney-mediators.org/SanAntonioChapter Gary Javore - gary@jcjclaw.com
Diego J. Peña 817.575.9854 diego@thepenalawgroup.com
Don Philbin 210.212.7100 don.philbin@adrtoolbox.com
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Richard L. Reed, Sr. 210.953.0172
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Wade Shelton 210.219.6300
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Richard Sparr 210.828.6500
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Phylis Speedlin 210.405.4149
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and Personal Injury, Immigration, the Criminal Justice System, Products Liability; and Estates, Wills, Trusts, and Probate. By 1994, however, the school had been condensed into a single day, and the tuition was eliminated. Furthermore, classes were offered in Spanish. It was then that People’s Law School co-chairs, Paul Premac and Thomas Veitch (later, SABF Chair in 2002) approached St. Mary’s University School of Law as the prospective venue, where it is still held some thirty years later, but as part of the Law Week celebration. Ultimately, according to 2003 SABF Chair, Abigail Kampmann, the People’s Law School was, and is, a continuing success thanks to industrious volunteers such as the late Carolyn Thurmond.
Honoring the Peacemakers and Leaders Among Us
Dan Naranjo observed that there were people in our midst who in their workaday worlds are responsible for establishing modes for peaceful solutions to San Antonio’s problems. Hence, the Peacemaker Award was organized to honor those trailblazers. Over the years, the SABF has celebrated the works of Rev. Buckner Fanning and Archbishop Patrick F. Flores, D.D (2002); the founders of the Community Justice Program, Hon. Karen Pozza and Hon. Phylis Speedlin (2007); real estate mogul and special needs advocate Gordon Hartman (2017); as well as the leadership of the Battered Women’s Shelter of San Antonio including its pioneering executive director Joyce Colman (1996), her ultimate successor and current President/CEO Marta Pelaez (2008), and its original general counsel, ileta A. Sumner (2022). The Peacemaker Award has also recognized organizations which strive to remove barriers in society such as the San Antonio Food Bank (2009) and RAICES (2018).
What began as a separate festivity in 1995 as a means to grow the corpus of the foundation has, since 2017, been enveloped into a grand gala of the SABF where multiple luminaries are honored, and select individuals are designated as the recipients of a very special fellowship. Hon. Joe Frazier Brown, Jr. was a lauded state district judge who served as president of SABA in 1964. In order to acknowledge attorneys who “demonstrate the highest level of professionalism…and such personal attributes as honor, integrity, service, and intelligence,” the judge’s son along with former SABA executive director, Jimmy Allison, created the Lifetime Achievement Award named after the jurist. The foundation has bestowed this award on such outstanding
practitioners as Hon. Charlie Gonzalez (2024), Sara Dysart (2023), Gerald Goldstein (2016), Hon. Phil Hardberger (2012), and the Biery brothers, Charles and Samuel (1997).
The SABF also recognizes those who have given substantial service to society, be they lawyers or lay persons. Such contributors to our community as Lee Cusenbary (2015); Allan K. Dubois (2013); Carol Herring Weir (2008); and civil rights trailblazers Rev. Claude Black (2000) and Rabbi David Jacobsen (1999) and other individuals have received the Carolyn Thurmond Award while businesses such as Catholic Charities (2016), CASA – Child Advocates of San Antonio (2015), Valero Energy Corporation (2008), HEB (2006), and Frost Bank (2004) have gotten the SABF Corporate Award. In addition to honoring professionals in and around the legal profession, fellowships, named after former SABA President Dawn Bruner Finlayson who passed away in 2021, are given each year to students who desire to become part of the legal community.
Diverging Theories for Growth in the Future
While the annual gala celebrates the accomplishments of those who strive to make our profession better, it also serves as the primary fundraiser for the foundation. Raising money to underwrite beneficial programs was a fundamental reason for the creation of the SABF. For donation purposes, the IRS requires the institution of a 501(c)(3) nonprofit arm. To date, the SABF has raised over $1,000,000. While this is an impressive feat, has the SABF lived up to its creators’ dreams? In other words, has it lived up to its potential?
2025–26 Patricia “Patty” Rouse Vargas
2024–25 Steve Chiscano
2023–24 Donna McElroy
2022–23 Lawrence Morales, II
2021–22 David Evans
2020–21 Tom Crosley
2019–20 Santos Vargas
2018–19 Beth Watkins
2017–18 Robert J. “Bobby” Barrera
2016–17 James M. “Marty” Truss
2015–16 Thomas G. Keyser
2014–15 Rebecca Simmons
2012–14 Andrew “Andy” Kerr
2011–12 Gary Hutton
2010–11 Wade Shelton
2009–10 Jennifer Durbin
2008–09 Gilber t Vara, Jr.
2007–08 Hon. Renée McElhaney Yanta
2006–07 Jo Cris Lopez
2005–06 Joe Casseb
2004–05 Laurie Weiss
2003–04 Abigail G. Kampmann
2002–03 Thomas H. Veitch
2001–02 Jill Torbert
2000–01 Diann M. Bar tek
1999–00 Michael J. Black
1998–99 Sara E. Dysart
1997–98 Frank B. Burney
1996–97 Jane E. Bockus
1995–96 Hon. William L. Sessions
1994–95 Ron Bird
1993–94 Robert A. Price, IV
1992–93 Raul E. Garza
1991–92 Robert A. Allen
1990–91 Hon. Raul Rivera
1989–90 Stanley D. Rosenberg
1988–89 Hon. Edward Prado
1987–86 Hon. Dan Naranjo
1986–85 Hon. Fred Shannon
1989,
2024 SABF Chair Steve Chiscano feels that the foundation has a bit to go before the aspirations of its founders are truly realized. “The fact that the foundation has a million-dollar endowment is an amazing accomplishment; however, it is not enough by any stretch of the imagination,” stated Steve. He theorizes that after 40 years, one could expect a larger pool of funds from which the foundation could pay for its causes. There are two specific ways that Steve believes this could be accomplished: by the development of a strategic plan to give one vision, one set of goals for the future along with a substantial buy-in by the corporate community of the area. Presently, the foundation is led by the
same board that serves as the board for the bar association, sitting for a two-year term total. “That constant turnover prohibits continuity. The foundation cannot be transformational, and will have its long-range ideals severely impaired without a cohesive strategic vision upon which the leaders can build.”
While Steve appreciates the streamlined approach of having two boards that are populated by the same exact people, he envisions a time when the growth of the foundation would demand its own set of board members. Foundation founder Hull Youngblood agrees. “At the moment, it makes sense for there to be one board with two separate functions. There is something to
be garnered from those who are heading the foundation to have a complete understanding about the business of the association.”
Nevertheless, Steve imagines a time when our foundation more resembles that of the Dallas Bar Foundation, with its $20 million endowment and home in the impressive Belo Mansion. “We are not Dallas. We do not have the corporate climate that Dallas has; moreover, our legal community is far smaller. That does not mean that we cannot follow their example in growing our own foundation.” Steve feels that our foundation will benefit from a deeper financial commitment from the companies that ARE here. He uses the capital campaign for San Fernando Cathedral as his blueprint.
Evolution of Foundation Events
AIM Peer Mediation for Students in over 170 schools since 1984
Annual Awards Gala since fall of 2017
Charity Golf Tournament raised over $10K/year; last held in 2013
Clay Shoot Tournament fundraiser since 2022
Dawn Finlayson Fellowship awards $35,000 among 7 students annually since 2022
Completed in 2003, the drive to raise the $20 million necessary to preserve the deteriorating cathedral was arduous. Consequently, it was the 70% of donations from outside of the Catholic community that brought that goal to its fruition. “Likewise, it will take the investment by businesses outside of the legal realm if we are going to take our foundation to the next level,” says Steve. Undoubtedly, it will also require an investment of time for it takes more than a year just to make the plans for a considerable task that is to be undertaken. Fortunately, Steve is willing to make that investment of time, making it his charge to see that a strategic plan is enforced, not unlike the strategic plan instituted in 1999, when the goal of one million dollars in ten years was instituted (the corpus of the foundation sat at about $90K at that time). “Ultimately, I can foresee when the business of the foundation will require more than a single-year obligation from its board; but until then, I am willing to put in the extra effort to make this a reality.”
2002 SABF Chair Tom Veitch begs to differ. “In order to be successful, the foundation needs a ‘buy-in’ from its own constituents first and foremost. How can we expect society at large to back us ideologically and financially when our own people have yet to voice such support?” 2001 SABF Chair Jill Torbert concurs. “There needs to be more OOMPH from the legal community specifically before we can expect the community generally to become actively and fiscally involved.”
Maybe the continued infusion of talent from local affinity bars could lead a path to a solution. Veitch mused, “Once we got the involvement from the leadership of the Bexar County Women’s Bar, like Diann Bartek, Jo Cris Lopez, Sara Dysart, Jill Torbert, Malinda Gaul, Abigail Kampmann – those ladies were real go-getters – things just took off!” Veitch and Torbert both feel that the heavy lifting of growing our endowment MUST come from within – it is OURS, after all.
Fun Run annually, under different titles, from 1993–2019
Legal Literacy Committee presented monthly programs at high schools; now defunct
Peacemakers Gala fundraiser that raised approx. $100K/year until 2014
People’s Law School over 3,000 students educated since 1988
Pickle Ball Tournament fundraiser since 2022
SABF honors former president Dawn Finlayson with the Finlayson Fellowship. After her passing in 2021, her husband, Dan, and San Antonio Bar Association donated $100K for the fellowship.
Just HOW that will be accomplished will be determined by the foundation’s future leadership. Will it remain a single board for two organizations; or, will the charge from the strategic planning committee dictate that a separate board for each entity is a requirement for additional prosperity? By definition, the association and foundation have different aims. The best description of this comes from 2015 Carolyn Thurmond Community Service Award winner, Lee Cusenbary, who quotes two women active within our bar: “The bar association is for earning and learning,” (quoting 2005 SABA President Mary Belan Doggett), “while the bar foundation is for giving and living,” (quoting 2007 SABF Chair Renée McElhaney Yanta).
In the near future, will the foundation turn outside of itself to the San Antonio community to make financial strides; or alternatively, will it look within for a giant infusion of cash in order to underwrite its enterprises? In order to get additional monies from the bar itself, the foundation may have to consider either raising the fee for fellows, or maybe adding categories of membership (e.g. law students, senior or retired attorneys, lay persons, corporations). Another avenue for revenue could come from other methods of sponsorship from local firms and individual attorneys alike. As the SABF goes forward, it will need to tackle these and other possible conundrums before its founders’ expectations will fully come to fruition.
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ileta! A. Sumner, Esq. is a former President of the Bexar County Women’s Bar Association (2002) and the original General Counsel and creator of the legal department of the Battered Women’s and Children Shelter. She has been disabled since 2006. She can be reached at (210) 421-2877, litig7rij@aol.com.
SELECTED BIBLIOGRAPHY
San Antonio Bar Foundation website, https://sanantoniobar.org/?pg=FoundationHome.
“Bar Foundation Moves Towards Goals,” The Subpoena, Official Publication of the San Antonio Bar Association, February 1986, page 1.
“People’s Law School a Community Success,” The Subpoena, Official Publication of the San Antonio Bar Association, January 1988, page 9.
Thomas H. Veitch, “Chair’s Column: The San Antonio Bar Foundation,” San Antonio Lawyer, November – December 2002, page 4.
Jill Torbert, “Chair’s Column: The San Antonio Bar Foundation,” San Antonio Lawyer, January – February 2002, page 4.
“Peacemakers To Be Honored,” San Antonio Lawyer, January – February 2003, page 15.
Abigail G. Kampmann, “Chair’s Column: The San Antonio Bar Foundation,” San Antonio Lawyer, March – April 2004, pages 4, 22.
Renée F. McElhaney, “Building Your Foundation,” San Antonio Lawyer, January – February 2008, pages 5, 18.
Lee Cusenbary, “Lawyers Provide Children with Good Foundation: The San Antonio Bar Foundation at Work,” San Antonio Lawyer, March – April 2012, page 16.
Ron Bird, “Bird Tales: Memories of Serving the San Antonio Bar Foundation,” San Antonio Lawyer, November – December 2013, pages 10 – 12.
Joseph CASSEB
Don PHILBIN
BAGE John BOYCE
Hon. Catherine STONE
Hon. Karen POZZA
Kevin MICKITS
Krishna REDDY
Aric GARZA
Dan POZZA
The Legislature and Judiciary Work in Tandem to Safeguard Parental Rights in Termination Proceedings
By Justice Lori I. Valenzuela and Staff Attorney Austin Reyna
Termination of parental rights is the civil death penalty. When the State goes to court to take somebody’s children, it’s not opening up a collaborative therapy session. It’s initiating adversarial litigation of the highest stakes imaginable. . . . [W]e need to make sure the Family Code doesn’t stack the deck against the parent before the case starts. Repealing subsection (O) would be a good start.”1
The bond between children and their parents is sacred. Both the Texas Supreme Court and “the Supreme Court of the United States have long recognized the fundamental right of parents to make decisions concerning the care, custody, and control of their children.”2 The termination of this fundamental right is one of the most important decisions a civil court judge can make. To support a decision to terminate a parent’s rights—and to spark all the direct and indirect consequences flowing from such a determination—the evidence must clearly and convincingly establish both a predicate ground for termination and that termination is in the child’s best interest.3
This past legislative session, the Legislature eliminated predicate ground (O) from Texas Family Code—i.e., subsection (O)4—which allowed a trial court to terminate a parent’s parental rights for failure to comply with a service plan. Of the twenty-plus alphabetically labeled predicate grounds for termination, subsection (O) was far and away the most controversial, and, at least in Bexar County, the most frequently cited ground used in termination proceedings.5
The Inception, Intent, and Purpose of Subsection (O)
When recodified in the Family Code during the seventy-fourth legislative session in 1995, the termination statute contained thirteen predicate grounds ranging from subsections (A)–(M).6 That list grew over the years, and in 1997, Representative Toby Goodman authored House Bill 1826, proposing the addition of subsection (O).7 The purpose of the addition was to “modif[y] and clarif[y] the law to improve PRS [now
called the Texas Department of Family and Protective Services (the “Department”)][’s] ability to protect children . . . and remove[] obstacles to allow quicker permanent placement for children in [the Department’s] conservatorship.”8 As originally enacted, and until very recently, subsection (O) provided that a trial court could terminate parental rights if there was clear and convincing evidence that a parent:9 “failed to comply with the provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department . . . for not less than nine months as a result of the child’s removal from the parent under Chapter 262 for the abuse or neglect of the child[.]”
In applying subsection (O)’s language regarding “provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child,” trial courts and appellate courts alike commonly referred to the required court order as a family service plan order, or simply a “service plan.”
If termination work is not part of your practice, you may wonder: What is a service plan? A service plan is a document drafted by the Department in conjunction with the parents that outlines the actions or services required for the parents to regain custody of their children.10 Often, the services in the plan include, but are not limited to, providing drug tests upon request, attending counseling sessions, participating in specific evaluations, completing parenting classes, and providing proof of stable housing and employment.11 The plan is an integral part of a suit seeking to terminate parental rights, and should be prepared very early in the termination process. The Department must file the service plan with the court “not later than the 45th day after the date the court renders a temporary order appointing the [D]epartment as temporary managing conservator of a child[.]”12 After reviewing the service plan and making any changes it deems necessary, the trial court is then required to “incorporate the original and any amended service plan into the orders of
the court.”13 It is through this process that the service plan becomes a court order, which could then be used as a predicate ground for termination.
The intent and plain language of subsection (O) suggest a logical basis: the Department and the parents agree on a plan to ensure the children can be returned home safely, the court then enforces that plan as with any other order, and the parents are put on notice that termination is a possible result of non-compliance. But in practice, subsection (O) did not work as intended. It garnered criticism in situations where, for example, trial courts relied on it as a basis for termination because a parent failed to substantially complete one of many items on their plan; the parent wished to comply with their service plan, but could not do so due to circumstances outside their control; or the parent complied with their service plan, but not in the way the Department preferred.14 Over time, this predicate ground grew into a creature of box-checking subjectivity, and judges and practitioners alike began to question whether it should be repealed to protect the sacred parent-child relationship from termination due to insignificant or subjectively unreasonable mandates.
The Repeal of Subsection (O)
Recognizing the disconnect between the logical basis for the predicate ground and the way subsection (O) was implemented in practice, Chief Justice Jimmy Blacklock recently urged the repeal of the subsection in his 2025 State of the Judiciary Address.15 Chief Justice Blacklock noted that, among other problems, subsection (O) “allows a parent’s rights to be terminated forever if the parent fails to check every box on a long list of things the state wants them to do to get their child back.” This past session, the Legislature agreed.16
Both chambers of our State Legislature moved bills through the legislative process in a joint effort to remove subsection (O). The Senate Research Committee acknowledged that the repeal was necessary because “gaps in the existing framework have highlighted the
need for further clarification and expansion to ensure the fullest protection for children under the law.”17 In the same vein, the House Judiciary & Civil Justice Committee Report, highlighted that the repeal was warranted to protect parental rights and that the overlapping of other provisions that already allow “termination of rights if the parent endangers the child” safeguard the children at the center of termination proceedings from any unintended consequences from the subsection’s removal.18 And, according to the House Research Organization, no opposition to the repeal was identified.19 Thus, with the stroke of his pen on May 28, 2025, Governor Greg Abbott signed the Legislative repeal of subsection (O) into law, effective September 1, 2025.20
Effect of Subsection (O)’s Repeal
In sum, parental rights can no longer be terminated simply because a parent either failed to check every box or complied with their service plan but failed to do so in the way the Department desired or preferred. Undoubtedly, service plans will continue to play a significant role in termination proceedings, and the trial court will retain the full authority to fashion orders and review all circumstances, both preand post-removal, to determine whether the evidence sufficiently establishes a predicate ground for termination. Additionally, a parent’s failure to comply with a service plan may still be relevant in deciding whether termination was in the child’s best interest.21 Nevertheless, it is a bright day in Texas to see the Legislature and our Judiciary work in tandem to protect children while safeguarding the most important relationship in a child’s life: their relationship with their parents.
Justice Lori I. Valenzuela has been on the Fourth Court of Appeals since 2021. From 2009 to 2021, she presided over the 437th District Court. Prior to her tenure on the bench, Justice Valenzuela served as a Bexar County Assistant District Attorney, established a law practice concentrating on criminal defense, and worked as a county magistrate. Justice Valenzuela is an adjunct professor at the University of Texas at San Antonio. Justice Valenzuela received her Bachelor of Arts in Government from the University of Texas at Austin and her Juris Doctor degree from St. Mary’s University School of Law.
Austin Reyna is a staff attorney for Justice Lori I. Valenzuela and an adjunct professor at St. Mary’s University School of Law. Before joining the Fourth Court of Appeals, Austin practiced complex civil litigation.
ENDNOTES
1Jimmy Blacklock, Chief Justice of the Supreme Court of Texas, State of the Judiciary Address (Feb. 26, 2025) (transcript available at https://www.txcourts.gov/supreme/news/chief-justice-jimmy-blacklock-delivers2025-state-of-the-judiciary-address/) (hereinafter “Blacklock Address”).
2In re R.J.G., 681 S.W.3d 370, 373 (Tex. 2023).
3See Tex. Fam. Code §§ 161.001(b), 161.206(a).
4We recognize that the Legislature has reordered the statute so that a different ground for termination is now classified as subsection (O). However, given the common parlance of referring to the service plan ground for termination as “subsection (O)” by both courts and practitioners alike, we will continue to refer to the now-repealed service plan ground as subsection (O) for purposes of this article.
5In re J.W., 645 S.W.3d 726, 760 (Tex. 2022) (Blacklock, J., dissenting) (“[W]e should not allow service plans under subsection (O) to surreptitiously relax the endangerment thresholds chosen by the Legislature in (D) and (E).”); In re G.A.M., 692 S.W.3d 336, 340 (Tex. 2024) (Young, J., concurring in denial of petition
for review) (“[P]aragraph O is generally the easiest burden for the State to lift and appears to be part of nearly every parental-termination case[.]”).
6Act effective Apr. 20, 1995, 74th Leg., R.S., ch. 20, § 1, sec. 161.001, 1995 Tex. Gen. Laws 212–213 (amended 2025) (current version at Tex. Fam. Code § 161.001).
7H.B. 1826, 75th Leg., Reg. Sess. (Tex. 1997).
8House Comm. on Juv. Just. & Fam. Issues, Bill Analysis, Tex. H.B. 1826, 75th Legis., R.S. (1997).
11Id. § 263.102; In re R.J.G., 681 S.W.3d at 373, 380–383; In re E.C.R., 402 S.W.3d 239, 241 (Tex. 2013); In re S.M.R., 434 S.W.3d 576, 579 (Tex. 2014).
12Tex. Fam. Code § 263.101.
13Id. § 263.106.
14In re R.J.G., 681 S.W.3d at 374; In re R.R.A., 687 S.W.3d 269, 282 (Tex. 2024) (Blacklock, J., dissenting) (stating the child welfare system is unable to accommodate every child in desperate circumstances and removing children who are not in the worst-case scenarios exacerbates the problem).
15Blacklock Address.
16During his State of the Judiciary Address, Chief Justice Blacklock referenced legislation introduced by Representative Harold Dutton.
17S. Comm. on Health & Hum. Servs., Bill Analysis, Tex. H.B. 116, 89th Leg., R.S. (2025).
18H. Comm. on Judiciary & Civ. Juris., Bill Analysis, Tex. H.B. 116, 89th Leg., R.S. (2025).
19H. Rsch. Org., Bill Analysis of HB 116 (2nd reading) (Apr. 24, 2025), https://hro.house.texas.gov/pdf/ ba89R/HB0116.PDF.
20See generally Tex. Fam. Code § 161.001(b)(1)
21In re E.C.R., 402 S.W.3d at 249–50.
Western District of Texas Court Summaries
By Soledad Valenciano, Jeffrie Lewis, Sabrina Salazar, and Clarissa Valenciano
If you are aware of a Western District of Texas order that you believe would be of interest to the local bar and should be summarized in this column, please contact Soledad Valenciano (svalenciano@svtxlaw.com, 210-787-4654) with the style and cause number of the case, and the entry date and docket number of the order.
Attorney’s Fees; Bankruptcy
McGarvey v. Johnson (In re: Johnson), Case No. 24-51308-cag; Adversary No. 2405065-cag (Gargotta, C., August 22, 2025).
A state court judge appointed an amicus attorney to advise in a Suit to Modify Parent-Child Relationship brought by a minor’s grandmother. That court ordered the grandmother to pay the amicus’s attorney’s fees. The grandmother then filed a Chapter 7 bankruptcy. While the bankruptcy court concluded the state court attorney’s fees were a nondischargeable debt under 11 U.S.C. § 101(41)(A) and § 523(a)(5), it denied the amicus attorney’s request for fees incurred to enforce the award. Applying the “American Rule,” the court held that each party bears its own attorney’s fees unless a statutory or contractual exception applies, and none existed. The court rejected arguments that a quasi-contractual relationship existed, the judgment was tantamount to a contract, that the services were “necessaries” or “labor performed,” a state law exception applied, or equity alone would suffice. The court awarded costs with interest at the federal judgment rate under FRCP 54(d)(1).
Redemption; Bankruptcy
In re Goforth, Bankruptcy No. 25-50357cag (Gargotta, C., August 4, 2025).
In this Chapter 7 proceeding, the debtor filed an amended motion to redeem a vehicle at $997.00 over the creditor’s objection. In Schedule C, the debtor listed an exempt value of $3,163.00, and in Schedule D listed the creditor as having a $10,769.00 claim, bifurcated as $3,163.00 secured and $7,606.00 unsecured. The debtor argued the lower redemption value reflected Kelley Blue Book value. The court analyzed 11 U.S.C. § 722 and § 506(a)(2) and agreed with the United
States Bankruptcy Court for the District of New Mexico that § 722 fixes the petition date as the valuation date, not the redemption date, regardless of whether the property is acquired for personal, family, or household purposes. The court found this interpretation protects creditors from post-petition decreases in value and protects debtors in the rare case of an increase. In response to the debtor’s due process claim, the court noted there was no evidence the vehicle deteriorated in value for a new reason not present at the time of filing.
Senate Bill 10; Establishment Clause; Free Exercise Clause; Injunctive Relief
Rabbi Mara Nathan, on behalf of herself and her minor child, M.N., et al., v. Alamo Heights ISD, et al., No. SA-25-cv-00756-FB (Biery, F., August 20, 2025).
A coalition of parents and faith leaders, including Jewish and atheist families, sued to block Texas Senate Bill 10, arguing that particular Ten Commandments displays in public schools imposes religious doctrine and undermines both the Establishment and Free Exercise Clauses. The State focused on historical precedent and passive display, labeling the challenge premature and lacking standing, and arguing that the required display was constitutionally grounded in settled tradition. After a thorough and robust examination of early school prayer decisions, the development of the Clauses, and the dangers of religious coercion in public schools, the court denied the defendants’ motion to dismiss and granted the plaintiffs’ motion for a preliminary injunction, thereby barring the district and anyone acting in concert with it from displaying the Ten Commandments under Senate Bill 10.
Standing; Local
Rule CV-7(b); Injunctive Relief
Guadalupe River Coal. v. GuadalupeBlanco River Auth., SA-25-CA-00090-FB (Biery, F., July 29, 2025).
The court dismissed a citizens group’s Clean Water Act suit against GBRA, which challenged GBRA’s impoundment replacement project at Dunlap Dam, alleging unauthorized placement of fill without a permit. The court found the group lacked standing to seek injunctive relief because it did not allege discharges after the complaint or a reasonable likelihood of recurrence. Even assuming standing, the court found GBRA held a Section 404 permit and that the claim amounted to enforcing that permit’s conditions, which authority lies solely within the Army Corps of Engineers’ discretion. The court denied leave to amend both for futility and for failure to comply with Local Rule CV7(b), which requires attaching the proposed amended pleading as an exhibit to the motion for leave.
Motions to Dismiss
Saltkill v. Toyota, SA-25-CV-390-FB (HJB) (Bemporad, H., July 11, 2025) (Report and Recommendation of U.S. Magistrate Judge Accepted by Satkill v. Toyota, SA-25-CA00390-FB (Biery, F., July 29, 2025)).
Defendants Cavender Toyota and Toyota Motor Credit Corp. moved to dismiss claims under the FDCPA, FCRA, TDTPA, TDCA, and TCRA after the plaintiff attempted to satisfy her debt with an endorsed bill of exchange for a Toyota RAV4. The issue of bills of exchange as legal tender was recently decided against this plaintiff in Saltkill v. Navy Fed. Credit Union, No. SA-25-CV-00645XR, 2025 U.S. Dist. LEXIS 112969, at *3 (W.D. Tex. 2025), holding such instruments
“worthless.” Before ruling, the court examined the defendants’ Rule 12(b)(1) and 12(b)(6) motions. When jurisdiction and merits are intertwined, the court may proceed to the merits which it did here. It found the plaintiff’s claims “indisputably meritless,” beyond repair by additional detail. The motions were granted and the claims dismissed with prejudice.
J. Michael Clay Family Law Mediation Services
Soledad Valenciano practices commercial and real estate litigation with Spivey Valenciano, PLLC.
Jeffrie B. Lewis is Assistant General Counsel with Zachry Group.
Salazar practices commercial litigation with Dykema Gossett PLLC.
Valenciano is a 3L at Texas Tech University School of Law.
