Texas Bar Journal • December 2024

Texas Access To Justice

Written by Harriet Miers

The Texas Access to Justice Commission delivered its December 5, 2024, report to the Supreme Court of Texas, responding to the Supreme Court’s request that included asking the commission to propose rule modifications that would allow qualified non-lawyers to provide limited legal services to low-income individuals. On August 6, 2024, the Supreme Court entered its order inviting public comment on proposed new and amended rules allowing licensed paraprofessionals and court-access assistants to provide limited legal services. The order provided a comment period ending November 1 and an effective date of December 1, 2024. The court entered a subsequent order, placing the effective date of its original order on hold, pending further consideration.

As 2023 was ending, the commission began, in a very formal way, a strategic planning process to help inspire and guide the commission in the next years. Aided by two highly qualified consultants, John Tull and Bruce Bower, the commission has pursued throughout 2024, a robust strategic planning process. The commission has engaged hundreds of access to justice stakeholders through surveys, individual interviews, and working group participation. Six working groups are addressing areas that include increasing effective access to courts, greater access to lawyers, effective self-help strategies, strategies focused on rural areas and legal deserts, additional resources available to support the commission’s efforts, and the structure and operation of the commission. The planning process calls for commission consideration of a proposed strategic plan in early 2025.

The commission, seven of whose members are appointed by the State Bar of Texas and whose executive director also serves as the director of the bar’s Legal Access Department, continues to work closely with the bar and its leadership. The commission collaborates with the bar to provide educational programming, such as the access to justice track at the bar’s Local Bar Leaders Conference, the annual Poverty Law Conference, and the Pro Bono Coordinator’s Retreat. These events present a range of access to justice topics, such as veterans initiatives and the developments related to paraprofessional licensing.

Beyond special projects, the commission continues its usual events and programs to advance access to justice for low-income individuals. Each year the commission hosts the Champions of Justice Gala Benefiting Veterans as a key feature of its work for veterans. The 2024 event raised over $567,000, and those funds go directly to providing services to qualifying indigent veterans. The speaker for the event was Maj. Gen. Alfred Valenzuela, whose remarks were most poignant and widely heralded. The commission’s Veterans Committee also has worked hard in supporting clinics for veterans and partnering with the Tunnel to Towers Foundation to add an additional veterans clinic.

The commission is committed to raising awareness about the need for continued and increased funding for the Legal Services Corporation, the backbone of our national delivery system to provide legal services to low-income individuals. This year, the commission participated in LSC’s special luncheon and forum in Houston to mark its 50-year anniversary. In the spring, the commission conducted its annual ABA Days visits in Washington to Texas congressional members to provide information about the grave needs in Texas that enhanced funding for LSC could help address.

The commission expresses immense gratitude to Supreme Court of Texas Chief Justice Nathan L. Hecht as he leaves the court, especially for his lasting, enormous contributions to access to justice efforts in Texas and the nation. The commission continues to thank Justice Brett Busby for his stalwart, tireless leadership as commission liaison, and the entire Supreme Court of Texas for its leadership and support of access to justice efforts.

HARRIET MIERS is the chair of the Texas Access to Justice Commission. With Kenneth Frazier, she co-chairs the Legal Services Corporation’s Leaders Council. Miers is a partner in Locke Lord. Her areas of practice include litigation, public law and policy, and investigations.