Fifty local judges were evaluated by Austin BAr and ACDLA Members

The Austin Bar Association, in conjunction with the Austin Criminal Defense Lawyers Association, recently completed its biennial Judicial Evaluation Poll. The results represent the evaluations of 50 area judges by 573, or 17.6 %, of the 3,253 Austin Bar and ACDLA members who were eligible to participate in the poll.

CLICK HERE to view the results of the poll.

The Austin Bar Association has conducted its Judicial Evaluation Poll periodically since 1978. In 2005, the Bar established a policy of conducting the poll every two years. The poll gives Travis County attorneys an opportunity to evaluate the performance of area judges — from justices of the peace to federal district judges — with the results released to the public as a community service.

“The opinions of attorneys are especially useful in evaluating the performance of judges.  No other group can observe the judiciary from the same vantage point or with as much expertise,” states DeLaine Ward, Executive Director of the Austin Bar Association. “The Judicial Poll is a resource the Austin Bar Association is proud to provide to the community.”

How the poll was conducted:
Respondents were asked to evaluate each judge with five questions (six for appellate and federal judges), then rate them choosing from the terms “Excellent,” “Acceptable,” “Needs Improvement,” and “No Opinion.” The questions for each judge were:

1. Is this judge hard working?
2. Is this judge impartial?
3. Does this judge correctly apply the law?
4. Does this judge display proper judicial temperament and demeanor?
5. How would you describe this judge’s overall performance?
6. Does this judge issue timely opinions of good quality? (not applicable to all judges)

Texas Access to Justice Foundation (TAJF) has awarded Texas Advocacy Project (“Project”) the Coronavirus Relief Funding for Essential Legal Services for $85,769.  For more than 35 years, TAJF has supported nonprofit organizations that provide civil legal services to low-income Texans.

TAJF grants millions of dollars per year to approximately 40 organizations statewide that provide free civil legal assistance. With TAJF grants, legal aid organizations provide free legal assistance in civil matters, such as protection from domestic violence and assistance with housing issues, to more than 150,000 low-income Texans each year.

With this generous funding, Texas Advocacy Project will pay for technologies and additional support staff,  providing survivors immediate access to services- including “tele-law” platforms. Texas Advocacy Project attorneys have always been first responders, ushering survivors from crisis to safety- during COVID-19 where dangers related to family violence and isolation have been highlighted, that job has never been more critical. This funding will allow the Project to provide life-saving civil legal remedies, such as protective orders, to survivors of domestic violence and sexual assault, so they can get and stay safe.

About Texas Access to Justice Foundation
The Texas Access to Justice Foundation, a 501c3 nonprofit organization, was created by the Supreme Court of Texas in 1984, and is the leading funder of legal aid in Texas. The organization is committed to the vision that all Texans will have equal access to justice, regardless of their income.

About Texas Advocacy Project
Established in 1982 as a 501c3 nonprofit organization, Texas Advocacy Project’s mission is to empower the public and survivors of domestic and dating violence, sexual assault, and stalking in Texas through FREE legal services, access to the justice system, and education and prevention. In 2019, Texas Advocacy Project provided free legal services in 4,738 cases, helping 10,659 survivors and their children.  An overwhelming number of Project clients are the poorest of the poor, in 2019, 2,444 (52%) reported no income at all and 3,866 (82%) were living at or below 125% of the Federal Poverty Level. Details at www.TexasAdvocacyProject.org.  If you need help, call 1-800-374-HOPE.

The Travis County Civil District Judges’ committee on revisions to the Local Rules is distributing these Draft Revised Local Rules and a set of redlines to members of the Austin Bar Association. The committee has opened a comment period for the month of November.

During this month, please send any comments on these draft revisions to Judge Jan Soifer, chair of the committee, jan.soifer@traviscountytx.gov, with the subject line, “Comments on revised Local Rules.”

After considering the comments, the Civil District Judges will finalize a set of revised Local Rules and forward it to the Texas Supreme Court for approval.

The current District Court Local Rules (effective June 2, 2014) are available at https://www.traviscountytx.gov/courts/files/civil-district.

Texas Access to Justice Foundation sponsors  five Equal Justice Works Fellows in public interest law projects across Texas
Fellows will spend two years at legal aid organizations working to increase access to justice

The Texas Access to Justice Foundation (TAJF), which provides grant funding for civil legal aid in Texas,  announced its sponsorship of five Fellows in the 2020 Equal Justice Works (EJW) Fellowship program, a national opportunity for law school graduates to launch their careers through public interest law projects of their own design.

Over the next two years, the five TAJF-sponsored Fellows will complete their projects in various cities across Texas and will be hosted by civil legal aid organizations funded by TAJF. These projects were personally designed by each Fellow to address a specific need in the community they will be serving in.

“Each year, Equal Justice Works Fellows create innovative projects that help address legal issues for Texas communities in need,” said Betty Balli Torres, executive director at TAJF. “We’re proud to sponsor five Fellows this year as they begin their careers as civil legal service leaders.”

This year, EJW received 432 Fellowship applications. Of those, 78 were chosen, including the five from Texas. As graduates of Baylor School of Law, St. Mary’s University School of Law or The University of Texas School of Law, the TAJF-sponsored Fellows will join the statewide effort to assist Texans in need, as well as the larger national effort to respond to legal issues arising from the coronavirus pandemic.

“Equal Justice Works is grateful to TAJF for their outstanding commitment to helping fulfill our nation’s promise of equal justice for all,” said Sara Morello, executive vice president at Equal Justice Works. “For more than 20 years, Equal Justice Works has partnered with TAJF to launch the careers of more than 65 passionate public service leaders, many of whom continue to deliver critical legal services to underserved communities in Texas.”

The five TAJF-sponsored Fellows, their service area and the focus of their individual projects are:

• Alicia Alvarado, American Gateways, Waco – Represent immigrants in the Waco area who are detained or who have been recently released
• Leslie Alvarez, Disability Rights Texas, McAllen – Represent South Texas children with disabilities to ensure access to specialized services
• Chase Porter, Lone Star Legal Aid, Houston – Fight for environmental justice and community development in Texas Gulf Coast communities
• Laura Tucker, Texas RioGrande Legal Aid, Alpine – Increase access to civil legal aid to rural residents of Far West Texas
• Caitlin Machell, Legal Aid of NorthWest Texas, Dallas – Promote housing stability and income maintenance for persons with serious mental illness in Dallas County.

Caitlin Machell’s fellowship is co-sponsored with Greenberg Traurig, LLP.

For a complete list of the 2020 Equal Justice Works Fellows, host organizations and sponsors, please click here.

Virtual Viewing Party for Award-Winning Documentary, “13th,” Set for Oct. 27

The Austin Bar’s Equity Committee has planned several multi-media participation events in the coming months leading up to a day-long Equity Summit scheduled for May 14, 2021.

The first, scheduled for Tues. Oct. 27, 2020 from 5:30 – 7:30 p.m., is a Virtual Viewing Party to be held via Zoom.  Tune in to watch the award-winning documentary “13^th.” In this thought-provoking documentary directed by Ava DuVernay, scholars, activists, and politicians analyze the criminalization of African Americans and the U.S. prison boom.  There will be a short discussion following the film facilitated by members of the Austin Bar’s Equity Committee leadership team. CLICK HERE to watch a trailer of the documentary.

CLICK HERE to RSVP and receive the Zoom link to the Virtual Viewing Party.

VIRTUAL BOOK CLUB DISCUSSION – nOV. 12

Mindy Gulati will host a Virtual Book Club discussion on “So You Want to Talk About Race?” by Ijeoma Oluo on Thurs. Nov. 12 from 5:30 – 7:30 p.m.

CLICK HERE to order your copy of the book from Black Pearl Books, a local black-owned independent bookstore. Please read the book on your own prior to the discussion.

CLICK HERE to RSVP and receive the Zoom link to the Virtual Book Club discussion.

On Jan. 6, 2021, the Equity Committee with host a joint AYLA/Austin Bar Virtual Book Club to discuss “How to Be an Anti-Racist” by Ibram X. Kendi. Registration for this event will open after Thanksgiving. CLICK HERE to order your copy from The Dock Bookshop, a black-owned independent bookstore in Ft. Worth. (Title not currently available from Black Pearl Books.)

The Austin Bar and AYLA are also planning a joint MLK Day of Service on Mon. Jan. 18, 2021.

The Equity Committee will host another media event on Thurs. March 11, 2021.  More details will be provided about the MLK Day of Service and the March media event as they develop.

Would you like to join the Equity Committee, or do you have questions for the committee?  If so, contact Nancy Gray at nancy@austinbar.org.

Memorandum

To:   All Travis County Attorneys and Guardians ad lite
From:  Travis County Civil District and County Court-at-Law Judges
Date:  August 10, 2020
Re:   Virtual Jury Trials in Travis County Civil Cases

Since the start of the COVID-19 pandemic, the Travis County Civil District and County Court-at-Law Judges have been working hard to administer justice while also taking steps to comply with state and local regulations designed to protect the health and safety of court staff, parties, attorneys, jurors, and members of the public. Accepting that we are unable to plan for in-person jury trials anytime soon and consistent with the Supreme Court of Texas’ Twenty-Second Emergency Order Regarding the COVID-19 State of Disaster, we have now developed a plan to resume the hearing of civil jury matters through virtual courtrooms via Zoom. The Travis County Civil District and County Court-at-Law Judges currently plan to start hearing virtual jury trials on October 12, 2020. Virtual jury trials will accommodate jury settings on the weeks designated as “jury weeks” by the Court Administrator. Judges anticipate that up to two civil jury trials will be heard each jury week from October 12 through the end of the 2020 calendar year.  Each jury week, the first priority will be given to the hearing of  jury trials in civil child protection lawsuits filed by the Texas Department of Family and Protective Services (DFPS) that are subject to statutory trial deadlines. If either or both of the virtual juries scheduled for a given jury week are not needed for DFPS lawsuits, those virtual jury pools will be then made available for the hearing of other civil jury matters set and announced that week.

We understand you most likely have questions and concerns about virtual jury trials. Please know that the Travis County Civil District and County Court-at-Law Judges have been busy working on plans and procedures to adapt the jury trial courtroom to the Zoom virtual platform. For now, we feel confident in our ability to start virtual jury trials on October 12, 2020 and remain committed to addressing unanticipated legal, administrative, and technical challenges as they arise. Having said that, we have also become accustomed to changing course and adapting our plans and procedures throughout this pandemic. If we determine that we must modify the plans described above, such as to comply with directives of the Supreme Court of Texas, the Office of Court Administration, or due to other unanticipated factors, we will provide an updated public announcement, including on the Austin Bar Association Website.

For now, if you have not done so already, we encourage you to refer to the Pilot Program on virtual jury trials developed by the Office of Court Administration and the Austin Bar Association’s Jury Trial Task Force, which is expected to broadcast virtual pilot jury trials in the coming weeks. If you missed the recent CLE on this pilot program, we understand you can still access the following presentations and resource materials online:

CLICK HERE to view “Travis County Civil Courts Pilot Jury Trial Program – Keeping the Wheels of Justice in Motion During a Pandemic.” 

CLICK HERE to view “Nuts & Bolts of Handling a Remote Jury Trial in Travis County Civil Courts.”

We will provide further updates as available. We sincerely appreciate your patience as we move forward with a firm commitment to public service and the rule of law during these unprecedented times.

Sincerely,
Tim Sulak
Local Administrative Judge
Travis County, Texas

On August 11, 2020 at 8:30 a.m., Travis County Justice of the Peace Nicholas Chu will hear the nation’s first binding criminal jury trial via videoconference. In May 2020, Collin County, Texas used videoconferencing to try the nation’s first summary jury trial, a proceeding whose jury verdict is non-binding to the parties.

“This pandemic has forced the Travis County judicial system to make creative and technological adjustments in order to better serve our constituents,” said Judge Chu. “Tuesday’s criminal jury trial via videoconference is a small step that will provide guidance to the other courts in Travis County and throughout the nation.”

The trial will be a class C misdemeanor traffic ticket case with a maximum punishment of a fine only, if convicted. Working closely with Travis County District Clerk Velva Price, Travis County has summoned 30 jurors for jury duty. With assistance from the Texas Office of Court Administration, Travis County will provide loaner equipment to jurors who do not have the adequate technology to sign-on and participate in the videoconference.

“I want to thank the Texas Office of Court Administration and the Travis County District Clerk for their assistance as we developed a model that provides people with an option for their constitutional right to jury trial, all while keeping participants safe and healthy,” added Judge Chu. “It is my hope this landmark trial will ease any safety concerns and inspire other potential jurors to answer when called for jury duty.”

Both litigants are represented by attorneys and have agreed to participate in the jury trial via videoconference. Court rules prohibit the judge and litigants from discussing the facts of the case before the trial has concluded. The trial will begin at 8:30 a.m. and will be livestreamed. Members of the public can view the trial proceedings at https://www.youtube.com/channel/UCBSagYxuJuWWle9hCvSDm1g.

A multiple day civil jury trial via videoconference is scheduled in Bexar County in late August after Judge Chu’s trial.

The Travis County Civil District Courts have launched the Remote Jury Trial Pilot Program. Available dates are August 17, 2020; August 31, 2020; and September 14, 2020.

To participate, the parties must consent to the date and remote format, but the trials can be binding or non-binding, depending on the preferences of the parties. Real Travis County jurors will participate via Zoom video-conference technology, the Office of Court Administration will provide technological assistance, UT Law School will help you prepare your case, and ABOTA trial lawyers will mentor you through jury selection. If you select the non-binding format, a volunteer mediator will mediate your case following the trial.

Please email your preferred trial date and cause number to Judge Crump’s court staff at: 250.submission@traviscountytx.gov.

For more information:
CLICK HERE to view the webinar “Travis County Civil Courts Pilot Jury Trial Program – Keeping the Wheels of Justice in Motion During a Pandemic.”
CLICK HERE to view the webinar and resource materials for “Nuts & Bolts of Handling a Remote Jury Trial in Travis County Civil Courts.”

On July 23 and July 24, 2020, respectively, the Austin Bar Association’s Board of Directors and the Austin Young Lawyers Association’s (AYLA) Board of Directors held special meetings to consider online commentary posted by State Bar of Texas (SBOT) President Larry McDougal and other SBOT officers and directors—as well as calls to action issued by the African-American Lawyers Section of the State Bar of Texas (AALS); other SBOT sections and committees; and, collectively, the presidents of the African-American Bar Associations of Austin, Dallas, Tarrant County, Houston, and San Antonio, along with the chair of the African-American Lawyers Section of the State Bar of Texas—and to decide how to respond to these things.

RESOLUTION

WHEREAS, the Austin Bar and AYLA unequivocally condemn racism in all forms, as stated in the June 3, 2020 statement signed by the Austin Bar’s immediate past president, D. Todd Smith, and current president, Kennon Wooten.

WHEREAS, the Austin Bar and AYLA are dedicated to maintaining and advancing the honor and dignity of the legal profession. (See Austin Bar Bylaws, Section 1.2; AYLA Bylaws, Section 1.2.)

WHEREAS, the Austin Bar and AYLA are dedicated to maintaining and advancing lawyer well-being, including though the Austin Bar’s Lawyer Well-Being Committee.

WHEREAS, the Austin Bar and AYLA are dedicated to honoring and advancing diversity, equity, and inclusion in and beyond the legal profession, as evidenced by, among other things: (1) the Austin Bar’s Equity Committee and AYLA’s participation therein; (2) the Austin Bar’s ongoing 21-Day Racial Equity Habit-Building Challenge; (3) the Austin Bar’s efforts supporting the Diversity Fellowship Program; (4) the composition of the Austin Bar’s Board of Directors, which includes the chairs (or their designees) of all Austin Bar sections, including the LGBT Law Section, as well as the chairs (or their designees) of affiliate bar associations including the Hispanic Bar Association of Austin, the Austin Black Lawyers Association, the Travis County Women Lawyers Association, the Austin Asian American Bar Association and any other affiliate the Austin Bar’s Board of Directors decides should be represented on the Board; and (5) the composition of AYLA’s Board of Directors, which includes representatives from the Hispanic Bar Association of Austin, the Austin Black Lawyers Association, the Travis County Women Lawyers Association, the Austin Asian American Bar Association, the Austin Bar’s LGBT Law Section, and any other affiliate AYLA’s Board of Directors decides should be represented on the Board.

WHEREAS, the SBOT’s mission is to “support the administration of the legal system, assure all citizens equal access to justice, foster high standards of ethical conduct for lawyers, enable its members to better serve their clients and the public, educate the public about the rule of law, and promote diversity in the administration of justice and the practice of law.”

WHEREAS, the SBOT’s Board of Directors is scheduled to meet on July 27, 2020 to discuss how to respond to the aforementioned online commentary and the creation of the SBOT Task Force on Diversity, Equity, and Inclusion, and has invited comments for consideration during that meeting.

WHEREAS, the Austin Bar’s mission is to “enhance the legal profession, administration of justice, and our community through education, networking, and public service,” and AYLA’s purpose is to promote “justice through service to the profession and the community.”

THEREFORE, LET IT BE RESOLVED, that the Austin Bar’s Board of Directors and AYLA’s Board of Directors stand in solidarity with the AALS, as well as the other above-referenced SBOT sections, SBOT committees, and African-American Bar Associations and, accordingly, encourage the implementation of changes like those set forth in the above-referenced calls to action, including requiring anti-racism/implicit-bias training, providing funding to the Office of Minority Affairs that is sufficient to allow it to increase programming and communication on issues regarding diversity and racial issues within the SBOT, and augmenting Texas Bar Journal content by publishing highlights and stories regarding successes and challenges related to diversity within the profession. The issues at hand extend far beyond the online commentary of late and should be addressed systemically, on an ongoing basis.

THEREFORE, LET IT BE RESOLVED, that—before or during the equity summit that the Austin Bar intends to host during the 2020-21 bar year—the Austin Bar will provide two hours of anti-racism/implicit-bias training. The Austin Bar will continue to provide anti-racism/implicit-bias training to its members during future bar years.

THEREFORE, LET IT BE RESOLVED, that, honoring the legacy of civil rights leaders such as Dr. Martin Luther King, Jr., Dr. Maya Angelou, Representative Barbara Jordan, and Representative John Lewis, the Austin Bar’s Board of Directors and AYLA’s Board of Directors will strive to lay down the burdens of hate and divisiveness, respect the dignity and worth of every human being, and move forward in our progress toward a more unified bar and an equitable, just society that is at peace with itself.

Issued this 24^th day of July, 2020

Kennon Wooten , Austin Bar President

David Courreges, Austin Bar President-Elect

David King, AYLA President

Rachael K. Jones,  AYLA President-Elect

CLICK HERE to see Austin Bar Bylaws, Section 1.2; AYLA Bylaws, Section 1.2.