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.

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.

Live Streaming Event: Legal Services Corporation Technology Initiative Grants (TIG) Conference

Legal Services Corporation (LSC) is an independent nonprofit organization, established by Congress in 1974, to provide financial support for civil legal aid to low-income individuals. Every year since 2000, the LSC has sponsored the Technology Initiative Grants (TIG) Conference which has awarded more than 600 grants, totaling $57 million, to civil legal aid organizations across the country. The 17th Annual TIG Conference is being held in San Antonio this week, January 11-13. For the first time, the LSC will live-stream several sessions of the conference via Facebook Live. To view these sessions, visit LSC's Facebook page during the conference. Share what you learn via Twitter using the hashtag #LSCTIG.   

Legal Tech Startups and Access to Justice

In the fall of 2015, at the urging of Justice Nathan Hecht, the Supreme Court of Texas assembled a 19-member Commission to Expand Civil Legal Services to the public. Earlier this month, the Commission released its report and recommended eight initiatives for opening access to the justice system for low- and middle-income Texans.

Increased funding for public law libraries and amendments to ethics rules that would allow lawyers more freedom in providing additional services via limited scope representation are just two of the initiatives recommended by the Commission. Promoting technologies that facilitate access to affordable legal counsel is another. Legal tech solutions have proven to be an effective remedy to the shortage of affordable legal representation. Supporting and endorsing legal tech startups, particularly those that address niche concerns for self-represented litigants, is an excellent way to help "modest means" individuals participate in the legal process. 

Legal technology entrepreneurs have been pioneers in developing apps and other do-it-yourself tools to help close the justice gap. One such tool is Upsolve, a software program developed by a small group of legal tech pioneers to improve consumer access to Chapter 7 bankruptcy protection. It is just one example of the many new legal tech startups that assist consumers with legal problems. This and other programs like it are increasingly becoming an effective option for bridging the justice gap and providing better access to the legal system. As more tech savvy individuals move into the legal arena, and as more lawyers learn how to code, the development of additional apps and other self-help legal tools will undoubtedly expand options for those who would otherwise not have access to the justice system.

Texas Supreme Court Commission to Expand Legal Services Releases Justice Gap Report

On December 6, 2016, the Commission to Expand Civil Legal Services released eight recommendations for increasing the public's access to justice in Texas. As part of these recommendations, the Commission presented innovative options for those of modest means to participate in the legal system and thereby narrow the justice gap in Texas. Two overarching goals guided the Commission in the drafting of its report: connecting lower and middle-income clients with affordable representation and helping pro se litigants navigate the court system.

According to the report, the success of current initiatives has been dependent upon the participation of public law libraries at the state and county levels. Recognizing the essential role that libraries play, the Commission's report encourages the court to promote adequate funding for public law libraries and for the placement of navigators in libraries, courthouses, and other public spaces. 

In addition to the Travis County Law Library and the Texas State Law Library, the Harris County Law Library was recognized by the Commission for taking steps to close the justice gap. We at the Harris County Law Library are very proud of this recognition, as well as our partnership with the Houston Volunteer Lawyers Program in providing services to the populations targeted by the Commission’s recommendations and objectives. We look forward to continuing to provide assistance to our library clientele, helping them to navigate their way through the justice system.