On March 5, 2021, the Supreme Court of Texas issued its Thirty-Sixth Order Regarding the COVID-19 State of Disaster, which provided, among other things, that, subject to stated constitutional limitations, in-person proceedings may be conducted in the district courts, so long as minimum standard health protocols are followed. The Order prompted the Local Administrative Law Judge for the Harris County District Civil Courts, Honorable Robert Schaffer, to modify the existing COVID-19 Operating Plan to allow for the resumption of in-person proceedings and to set the minimum standard health protocols for such proceedings to keep the participants and the public safe.
Read moreHispanic and Latinx Lawyers You Should Know
Today is the final day of National Hispanic Heritage Month, and we are highlighting prominent attorneys of Hispanic or Latin American heritage. “According to statistics from the Hispanic National Bar Association (HNBA),” NBC News reports, “Hispanics – who are 18 percent of the population – comprise about 4 percent of U.S. lawyers. For Latinas, these numbers are even smaller; Latinas account for less than 2 percent of American lawyers.” Though these terms are sometimes used as if they were synonyms, “Hispanic” refers to descendants of Spanish speaking populations, whereas “Latina/o/x” refers to descendants of any Latin American population.
Ted Cruz is not only a United States Senator from Texas, but by any measure he is also one of the most accomplished attorneys in the United States. A Cuban American, and a Houstonian from his youth, Cruz earned his JD at Harvard Law, where he was a Primary Editor of the Harvard Law Review, and was a founding General Editor of the Harvard Latino Law Review. Cruz clerked for a time after graduation, culminating in a year clerking for Chief Justice William Rehnquist. He was the first Hispanic clerk to a Chief Justice in history. Still in his 20s, Cruz entered private practice while becoming known as a rising star in conservative politics. In the year 2000, he served as an advisor to then-Presidential-candidate George W. Bush. In 2003, he became Texas Solicitor General, and over the five years in that role argued an incredible eight cases before the Supreme Court. After another stint in private practice, Cruz was elected Senator in 2013, and re-elected in 2017. He has spent his time in that body spearheading the fight to repeal the Affordable Care Act, and passionately championing various conservative causes.
Sonia Sotomayor comes from the other side of the country and, as an Obama appointee, the other side of the political spectrum. Raised in the Bronx, she is of Puerto Rican descent. Like Senator Cruz, Justice Sotomayor earned her Bachelor’s degree at Princeton University. She obtained her JD from Yale Law, where she served as an Editor on the Yale Law Journal and co-chaired the Latin and Native American Students Association. Upon graduation, she was hired on as an Assistant District Attorney for the Manhattan District in New York, then entered private practice five years later as an intellectual property attorney. Sotomayor was appointed to the Federal bench by President George H. W. Bush in 1991, where she gained notoriety as the judge who saved Major League Baseball in 1995. In 1997, she was appointed to the Second Circuit by President Clinton, and then to the Supreme Court by President Obama in 2009.
Sandra Guerra Thompson is the Newell H. Blakely Professor in Law and Director of the Criminal Justice Institute at the University of Houston Law Center, a powerhouse in the Houston legal scene, and one of the most prominent figures in American criminal justice reform. A native of Laredo, like Senator Cruz and Justice Sotomayor she is a double Ivy League graduate; she obtained both her Bachelors and her JD from Yale. Then-Mayor-of-Houston Annise Parker appointed her as a founding Director on the Board of the Houston Forensic Science Center. Professor Thompson is an elected member of the American Law Institute, and took a high profile role in the fight for bail reform here in Harris County. Recently, she has been at the forefront of the movement to raise accountability for law enforcement involved in shootings. This past Tuesday, Houston Mayor Sylvester Turner presented her with the Hispanic Heritage Education in the Community Award.
Further Reading:
Jury Service in the Age of COVID
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On Monday, September 28, Harris County District Clerk Marilyn Burgess reminded residents that limited jury service is set to resume in Harris County and that they are still required to respond to the jury summons. The press release was no doubt prompted by the September 18 order from the Supreme Court of Texas postponing the start of in-person jury proceedings in justice and municipal courts until December 1. Burgess emphasized that although jury service was suspended for the Houston Municipal Courts, Harris County District and County Courts are set to move ahead, especially in light of the over 90 requests for jury panels in the month of October alone.
Because the facilities at Jury Assembly are still under construction after being damaged by Hurricane Harvey and because the temporary facilities in the Harris County Administration Building were too cramped to adequately allow for social distancing and proper safety measures, the County has made arrangements to hold jury selection at NRG Arena. In anticipation of the resumption of jury service, the District Courts of Harris County and the Harris County District Clerk have recently revised their websites to offer prospective jurors more information about jury service, especially in the age of COVID-19, stressing not only the importance of juries in our democratic society but also the efforts being made to ensure a safe environment for jurors, attorneys, judges, and litigants. On their website, the Harris County District Courts outline the safety protocols that have been implemented at NRG Arena as well as the downtown courthouses. There are detailed instructions explaining what jurors should expect upon their arrival at NRG and upon entering three key areas: the arena itself, the jury seating room, and the voir dire room. For those selected to serve on a jury, there are descriptions of the safety measures and protocols that they will encounter upon entering the downtown courthouse and their assigned location. In addition to safety measures, the District Court website has specific information depending upon whether you are a juror, a lawyer, or a self-represented litigant. Jurors can find general juror information, such as qualifications and exemptions, and information about what to do, what to bring, and what to wear. Lawyers can find answers to questions about safety, pretrial matters, jury call/voir dire, and trial and courtroom questions. Individuals representing themselves have access to self-represented litigant guides, legal aid organizations, and answers to some frequently asked questions regarding face coverings and Zoom hearings. It is also recommended that self-represented litigants view the information for lawyers.
Jury service in Harris County requires pre-registration. People receiving a jury summons are directed to visit the website of the Harris County District Clerk to begin the process and to receive their juror assignments. To address concerns that prospective jurors may have about serving on a jury in the age of COVID-19, the District Clerk’s Office has prepared a video about jury service at NRG, found under the COVID Precautions tab, explaining what jurors can expect at NRG and the safety protocols that have been implemented. Answers to questions about jury service, in general, including eligibility requirements and statutory exemptions, can be found on the About Jury page. Additional information about jury service, such as what jurors should wear and bring and what they should do in the event of an emergency that prevents them from being able to appear for service, is available on the District Clerk’s website under the Getting Prepared tab. Lastly, the District Clerk has gathered a number of downloadable educational resources that can be used by prospective jurors, teachers, and corporate partners to more fully understand the jury process and to recognize the value of jury service to our community.
Vote By Mail in Texas - News Roundup
Image by mohamed Hassan from Pixabay
Quite a bit has happened since the last time we reported on the vote-by-mail issue that has been pending here in Texas. The issue is still winding its way through the court system, both at the state and federal levels. In case you’ve missed it, here are some of the latest developments that have occurred.
Harris County Will Send Mail-In Ballot Applications to All Harris County Residents
On August 25, the Harris County Clerk’s office announced that it will send an application for a mail-in ballot for the upcoming general election to every registered voter in the county. Keep in mind, though, that here in Texas, to cast a ballot by mail, a voter must satisfy one of the following conditions: be away from their county of residence on Election Day and the period designated for early voting; be sick or disabled; be 65 years of age or older on Election Day, or be incarcerated but otherwise eligible to vote. (These requirements are at the heart of the litigation surrounding this issue.) Harris County Clerk Chris Hollins defended his initiative, arguing that for those eligible to vote by mail, the absentee ballot method was the safest. He also asserted that his proposal had the potential of increasing the safety of those who must vote in person by decreasing the number of people physically going to the polls, thereby reducing the possibility of long lines and overcrowded polling locations.
Texas AG Says Not So Fast on Those Applications, Harris County
On August 31, the State of Texas, through Texas Attorney General Ken Paxton, filed a petition in the Harris County District Court, seeking to enjoin the Harris County Clerk from sending mail-in ballot applications to every registered voter in Harris County. The petition alleged the County Clerk lacked the authority to execute his plan and that the proposal to send out unsolicited applications to all will result in confusion as to who is ultimately eligible to vote by mail. Harris County Republicans joined the litigation by filing a petition for a writ of mandamus requesting a halt to the clerk’s plans.
Harris County Clerk Hits Pause on Mail-In Ballot Application Initiative
As a result of the pending litigation, Harris County Clerk Chris Hollins, on September 1, indicated that he was going to hold off on his plan to send vote-by-mail applications to all registered Harris County voters. He was, however, still intending to send applications to everyone 65 and older and expressed that his office will be ready when he gets the green light from the court to send applications to all registered voters.
Texas Supreme Court Temporarily Puts the Brakes on Harris County Clerk’s Plan
In response to the lawsuit filed by the Harris County Republican Party, the Texas Supreme Court has ordered the Harris County Clerk to refrain from sending mail-in ballot applications to registered voters under the age of 65 who have not requested them. It appears, though, that the ultimate decision in this matter will depend upon the result of the lawsuit filed by the State of Texas in the 61st Judicial District Court in Harris County.
On August 31, in response to a lawsuit that was filed in April by the Texas Democratic Party, a panel of judges in the Fifth Circuit heard arguments in the case alleging that the Texas Election Code is discriminatory because it limits mail-in voting to those 65 years of age and older. The Texas Solicitor General argued that the law does not infringe upon anyone’s voting rights and was crafted with the prevention of voter fraud in mind. The Texas Democratic Party disagreed, arguing that limiting voting by mail to select group of people places an undue burden on others who want to exercise their right to vote.
Service of Process Through Social Media Approved by Texas Supreme Court
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In 2013, a bill was introduced in the Texas legislature to allow substituted service through social media websites. We wrote about if for this blog in August 2018. The 2013 bill was never referred to committee, and the subject was not addressed again until last year when the Texas Legislature enacted Senate Bill 891. This bill directed the Texas Supreme Court to adopt rules under Section 17.033, Civil Practice and Remedies Code that would “provide for the substituted service of citation by an electronic communication sent to a defendant through a social media presence.”
According to the high court’s Order, “the court may authorize service…in any other manner, including electronically by social media, email, or other technology, that…will be reasonably effective to give the defendant notice of the suit.” In deciding to authorize substituted service in this manner, the court may consider such factors as: the defendant maintains a social media page on the specified website; the profile on the social media page is indeed the profile of the defendant; the defendant regularly accesses the social media account; and the defendant can reasonably be expected to receive actual notice if the electronic communication is sent to the defendant’s social media account.
The amendments will take effect on December 31, but public comments submitted to the court until December 1, will be considered if any changes to the amendments are deemed necessary.
