Access to Justice: Supported Decision-Making Agreements

With the passage of HB 39 and SB 1881 by the 84th Legislature, Texas became the first state to enact legislation allowing individuals with an intellectual/developmental disability (I/DD) greater autonomy in the making of personal decisions while still retaining their rights. Prior to the passage of the Supported Decision-Making Agreement Act (codified at Tex. Estates Code ch. 1357), individuals with an I/DD were forced to relinquish their rights, and all decisions were then made by the person appointed as guardian, including such choices as where to live, where to work, and which doctors to use. The Act's stated purpose is to provide a less restrictive alternative to guardianship for those adults who require assistance with day-to-day decisions but who are not considered incapacitated for guardianship purposes. Under the Act, an individual with an I/DD may appoint a caregiver to assist the individual with making decisions, including helping the individual understand any consequences of the decision, collecting relevant information to aid in the making of the decision, and assisting with the communication of the individual’s wishes. Note that the agreement may be terminated at any time by either party.

 TexasLawHelp.org, a program of the Texas Legal Services Center, has made available on its website a free Supported Decision-Making Agreement. With this form, a person with an I/DD is able to choose a trusted caregiver, referred to as a “supporter,” to assist with the making of the decisions indicated by the individual. The form specifically states that the supporter does not make the decisions for the individual and allows the individual to identify the types of decisions for which he/she needs the assistance of the supporter.

In connection with the Supported Decision-Making Agreement form, TexasLawHelp.org provides an additional form: an authorization to release confidential information under a supported decision-making agreement. This form allows the supporter to obtain information about the individual with an I/DD that would have been private and otherwise protected.

Data Privacy Awareness

Friday, January 28th is Data Privacy Day, an international effort overseen by the National Cyber Security Alliance that calls attention to the importance of privacy and protecting personal information. Data Privacy Day began in the United States and Canada in January in 2008, but its origins date back to 1981. On January 28 of that year, the member States of the Council of Europe signed the first international treaty, Convention 108, to address data and data protection. We at the Harris County Law library are observing Data Privacy Day with an exhibit called Data Privacy and Information Security Law. The exhibit will be on display in the Law Library lobby until January 31st.

Looking Back – Edgar Allan Poe

Photo from the Library of Congress' Photos, Prints, Drawings Collection

Today we celebrate the 208th anniversary of the birth of the “Master of Macabre,” Edgar Allan Poe. Born on January 19, 1809 in Boston, Massachusetts, and orphaned at the age of three, Poe led a life of relative poverty, unhappiness, and solitude. Yet, he managed to eke out a living as a writer, publishing short stories and becoming a relentless critic of some of the most celebrated writers of his time, including one Rufus Griswold. Although he realized some literary renown with his short stories and book reviews, Poe achieved perhaps his greatest success with his poem The Raven, first published in 1845.

If imitation is the sincerest form of flattery, then Poe should indeed be pleased that his most celebrated of works has had such a profound effect on not only those in the literary world, but also those in the realm of jurisprudence. Judge A. Jay Cristol from the United States Bankruptcy Court for the Southern District of Florida was inspired to draft his own poetic version of The Raven as his opinion in the case of In re Love, 61 B.R. 558 (1986). (This case was also highlighted in one of a series of Ex Libris Juris blog posts dedicated to the Poetry of the Bench & Bar during National Poetry Month in April 2016).

Sadly, four years after The Raven was published, Poe died on October 7, 1849, in Baltimore. Interestingly, his relationship with the law did not end with his death. After his passing, Poe became the victim of a libelous obituary written by none other than Rufus Griswold, one of the writers most severely critiqued by Poe. However, Poe had the last laugh. Despite all of the defamatory statements contained in the obituary and a subsequent memoir, Poe’s legend and popularity only flourished.

For more information about Edgar Allan Poe, visit the website of the Poe Museum in Richmond, Virginia.

Labor and Employment Law Research Guide

January is Employment Law Resource Month at Harris County Law Library. Selected labor and employment law resources are on display in the library, and others are highlighted here on Ex Libris Juris. Another excellent tool for locating our most frequently consulted employment law resources can be found on our website under the Legal Research tab on our homepage. The Labor and Employment Law Research Guide features Practice Essentials, including treatises, form manuals, and pattern jury charges, along with annotated statutes and codes, CLE coursebooks, and legal periodicals. Additional titles on workplace discrimination, labor relations, occupational safety, and workers' compensation are recommended. Access this Guide online, download or print a PDF copy, or pick up a hard copy at the Reference Desk. 

Featured Podcast: If You Can't Afford a Lawyer

On occasion, the Tech Tuesday blog post has focused on podcasts of interest to the legal community. One such podcast, a production of The Center for Investigative Reporting, is worth special mention. This award-winning program is called Reveal. It is broadcast on a number of public radio stations across the nation, but the entire archive of programs can be streamed online.

Ex Libris Juris featured an episode of Reveal in a previous entry last fall, and in today's blog post, the Law Library is recommending another, especially for those interested in access to justice issues. If You Can't Afford a Lawyer is an examination of one man's efforts to change the justice system in New Orleans, where he, Derwyn Bunton, is the Chief Public Defender. His unique approach to instigating change has gotten quite bit of attention, generating controversy and criticism as well as support. Listen to this thought-provoking podcast to consider the challenges of providing legal representation on a limited budget in a high-crime city. For more law- and legal tech-related podcasts and other media, visit our list of LTI Legal Links on the Legal Tech Institute webpage.