TBJ JUNE 2022
The State of Access
to Justice in Texas
While much has been accomplished,
much remains to be done.
Written by Deborah Hankinson and Harry M. Reasoner
We might not know the pain of finding an eviction notice on our door,
but as judges and lawyers, we know firsthand the value of quality legal
representation and why representation matters when the disadvantaged
seek access to the justice system. A recent study by the Legal Services
Corporation, or LSC, shows that low-income Americans received no or
inadequate legal assistance for 92% of the civil legal problems they
faced.1 As lawyers, we have a professional responsibility to
help others gain access to the justice system to protect their rights,
their freedom, their homes, their livelihoods, and their families.
All Texans, regardless of their income, deserve fair and equitable
access to our justice system. Yet, thousands of struggling Texans who
face challenges in their everyday lives and in emergency situations
encounter barriers when they seek to access our courts. To help them
navigate these barriers, increased access to basic civil legal services
and improvements to the justice system are needed.
Helping struggling Texans with civil legal needs not only improves their
lives and their families’ lives, but it also makes fiscal sense and is a
good investment. Everyone benefits when Texans remain housed, domestic
violence survivors are safe and thriving, and veterans receive the
benefits they earned. Ensuring that Texans have access to justice
facilitates self-sufficiency and ultimately lessens the need for
taxpayer support.
To increase access to justice for those less fortunate, the Texas
Supreme Court created the Texas Access to Justice Foundation, or TAJF,
in 1984 and the Texas Access to Justice Commission, or TAJC, in
2001.
Legal Aid Delivery in Texas
Nearly 5.2 million Texans qualified for legal aid before the pandemic.
Legal aid programs provide basic civil legal services that address
issues of safety, stability, and shelter. To qualify for most civil
legal aid programs, income must be at or below 125% of the federal
poverty guidelines, which means that an individual cannot earn more than
$16,988 per year and a family of four not more than $34,688
annually.
In Texas, the legal aid delivery system includes three programs that
together cover the entire state, provide a wide range of basic civil
legal services, and are federally funded by the LSC. The LSC programs
are: Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Texas
RioGrande Legal Aid. The delivery system also includes law school
clinics, local bar association pro bono programs, and programs
advocating on behalf of specific populations, such as the elderly,
domestic-violence survivors, persons with disabilities, and veterans.
Legal aid programs leverage fellows, interns, and law students to
increase their capacity to reach those in need of services in
underserved areas.
The pandemic exacerbated the need for basic civil legal services. The 36
legal aid programs funded by the Texas Access to Justice Foundation
responded to the challenge and remained available to their clients by
implementing remote legal aid services, virtual client-intake
procedures, and remote clinics. While some programs are now once again
providing in-person services and outreach, others will continue to
provide virtual services.
The foundation obtained and leveraged federal funds for housing issues
plaguing Texans during the pandemic. With support from the Office of
Court Administration and the Texas Supreme Court, the Texas Department
of Housing and Community Affairs contracted with TAJF to disperse $20
million of Emergency Rental Assistance Program funds for legal services.
These services include providing housing-stability clinics, eviction
defense, and help accessing rental assistance.
Still, many Texans go without the essential legal help they need.
Legal aid programs assist more than 100,000 Texas families each year but
there are simply more Texans in need than resources available. Texas
ranks 44th in the nation in access to legal aid lawyers with only 0.6
legal aid lawyers for every 10,000 Texans who qualify.2
Reducing Barriers to the Court System
The TAJC works to address barriers to the court system that impact
low-income Texans. During the pandemic, it developed best practices for
courts and guides for self-represented litigants to use in virtual
hearings. It worked with legal aid providers, landlords, debt
collectors, and judges to develop guidance for justice courts on the
emergency orders issued by the Texas Supreme Court and was instrumental
in drafting language on emergency orders regarding evictions, family
law, and debt cases. In partnership with stakeholders, it provided
information on the impact of virtual hearings on self-represented
litigants and drafted rules and policies on remote hearings that address
accessibility issues for people with disabilities, limited English
proficiency, or limited technology.
The commission also works on core issues affecting access to courts,
including helping self-represented litigants navigate the court system
by developing standardized forms for landlord-tenant matters, probate
proceedings, and protective orders, and addressing the waiver of filing
fees and other court costs pursuant to Texas Rule of Civil Procedure 145
to improve the ability of low-income Texans to access the courts. The
commission continues to work closely with legal aid providers, courts,
and counties to tackle language access issues.
Increasing Funding and Resources
The TAJF is the leading funding source for legal aid in Texas. A
501(c)(3) nonprofit organization, it was created in 1984 to implement
the Interest on Lawyers’ Trust Accounts, or IOLTA, program. It has since
diversified its funding sources to including federal and state funding
and private and philanthropic donations and has distributed more than
$900 million in grant funding since its creation.
The Texas Supreme Court, the Texas Legislature, and Texas lawyers have
also helped fill the gap in funding for essential legal services and
increasing access to justice for all. Through a tremendous show of
bipartisan support and the outstanding efforts of the court, the Texas
Legislature has appropriated funding for basic civil legal services,
legal services for survivors of sexual assault, and legal aid for
veterans in the past few Texas legislative sessions. Legal aid has also
obtained and leveraged federal funding, particularly for housing issues,
during the pandemic.
Texas lawyers have consistently done their part. In 2019, Texas lawyers
provided over 2.48 million hours in free legal services to working
Texans and more than 1.74 million hours in reduced-fee legal
services.3 Additionally, attorneys provide millions of
dollars in private donations through the Champions of Justice Society,
an annual gala benefiting veterans, access to justice contributions on
the dues statement, local bar associations, and legal aid programs.
The pandemic exacerbated the need for civil legal services and strained
available resources. For example, interest rates were in the double
digits when the IOLTA program was devised in the 1980s to help fund
legal aid. This funding source has been dramatically impacted by the
2020 cut in interest rates. IOLTA funding has declined by nearly 44%
since the pandemic began. Texas lawyers can help mitigate some of this
devastating loss by placing their IOLTA accounts at Prime Partner banks
and credit unions. Prime Partners agree to pay higher interest rates on
IOLTA accounts, generating more funding for legal aid. A list of Prime
Partners can be found at www.teajf.org.
Other ways attorneys can help increase access to justice include
volunteering their skills and time at a local pro bono program or
financially supporting legal aid through event sponsorships, making the
access to justice contribution on their annual bar dues statement, or
donating directly to their legal aid program of choice. Lawyers can also
provide leadership in pro bono organizations or consider naming legal
aid as a cy pres recipient in their next class-action case.
The access to justice gap is vast and Texas lawyers alone cannot solve
the problem. It is time to educate the public about the issue, develop
civics classes, and involve more private foundations, chambers of
commerce, and other organizations that value access to justice.
The Texas Supreme Court, the Texas Legislature, the State Bar of Texas,
the Access to Justice Commission, the Access to Justice Foundation,
Texas lawyers, and other access to justice stakeholders remain committed
to supporting legal aid work in Texas and finding additional ways to
support access to justice efforts now and in the future.
While much has been accomplished, much remains to be done. Please send
us your thoughts on improving access to justice in Texas at
atjmail@texasatj.org and donate at www.teajf.org.TBJ
DEBORAH HANKINSON
is a retired Texas Supreme Court justice and the chair of the Texas
Access to Justice Foundation.
HARRY M. REASONER
is the chair emeritus of the Texas Access to Justice Commission and a
partner in Vinson & Elkins in Houston. His practice includes
appellate law and complex commercial litigation.
