Texas Eviction Resources for an Uncertain Time

On March 28, 2021, the Centers for Disease Control and Prevention (CDC) extended the order halting certain residential evictions through June 30, 2021. However, an emergency order from the Texas Supreme Court “that instructed judges across Texas how to follow the federal mandate expired March 31.” This blog post features resources for residents of Texas who are facing eviction.

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What’s New with the Harris County Civil District Courts?

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.

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Hispanic 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.

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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.

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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.

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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.

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Jury Service in the Age of COVID

Icons made by freepik.com from Flaticon

Icons made by freepik.com from Flaticon

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.