Texas
Access to Justice Structure
The Texas Access to Justice Commission was created by order of the Supreme Court in
April 2001, as recommended by the State Bar of Texas Board of Directors. The
Commission is comprised of 15 members appointed for three-year terms, including three
representatives from the judiciary (one Supreme Court Justice, one judge from an urban
area and one from a non-urban area), two members of the State Bar of Texas Board of
Directors and one attorney member, one member of the Board of Directors of the Texas
Equal Access to Justice Foundation, one member of the Board of Directors of the Texas
Bar Foundation, and four representatives (staff, Board members or volunteers) of state or
federally-funded legal services programs. The Commission structure also includes a state
Senator, a state Representative, and the General Counsel to the Governor, as ex-officio
members. The Commission is staffed by Texas Lawyers Care, the pro bono/legal services
support department of the Texas State Bar.
Key Initiatives
Funding
In 2003, the Texas legislature approved a bill to charge a fee of $65 to non-exempt
lawyers, to be divided between civil legal aid and innovative indigent defense projects.
The measure is expected to generate more than $1.7 million annually for civil legal aid.
The legislature also instituted a new pro hac vice fee (paid by a lawyer to appear in a
court where he or she is not licensed) dedicated to civil legal aid. Another bill, which
would have required courts consider awarding unclaimed or undistributable funds in class
action cases to provide civil legal aid, was passed by the legislature but vetoed by the
Governor.
The State Bar of Texas’ “opt-out” format for the “Access to Justice Contribution” on its
membership dues statement, adopted in 2002, resulted in donations of over $1 million
from Texas attorneys in 2003. In 2004, the dues statement will likely revert to an “opt-in”
format with a suggested contribution of $100.
Communications
The Texas Equal Access to Justice Foundation and the Texas Access to Justice
Commission have initiated the “Justice for All Texans” campaign to increase awareness
of the benefits of civil legal aid for Texans. The campaign incorporates a video
documentary narrated by Bill Moyers and public service announcements in English and
Spanish. Texas Supreme Court Justice Harriet O’Neill taped a special lead-in to the
campaign video aimed at Texas attorneys, explaining the new $65 mandatory bar fee for
indigent legal services. The video will be shown at Texas Bar CLE events to provide a
positive message about legal aid and the need for the fee, for a free .25 hours of ethics
CLE credit. Texas First Lady Anita Perry wrote an op-ed piece supporting legal aid for
victims of domestic violence, which appeared in newspapers around the state.
Loan Repayment
The State Bar of Texas is helping to fund the Texas Student Loan Repayment Assistance
Program, created by the Access to Justice Commission in 2002 with private donations.
The Bar has committed $30,000 for 2004.
Pro Bono
The State Bar of Texas Legal Services to the Poor in Civil Matters Committee conducted
a survey in 2003 to collect data on pro bono service by attorneys. The scientifically valid
survey provides more complete and reliable data than has been collected through the
current voluntary reporting system.
Access to Courts
At the request of the Texas Access to Justice Commission and the State Bar of Texas
Family Law Section, the Supreme Court of Texas has created a Protective Order Task
Force. Staffed and funded by the Access to Justice Commission, the task force is charged
with drafting a domestic violence pro se protective order kit, as well as a plan for the
statewide implementation and distribution of the kit by August of 2004.