What do Texas veterinarians, race track owners, perfusionists, marriage counselors, irrigators, attorneys, and sanitarians have in common? These professionals all have public member seats on the State Committees or Commissions that govern them. There are hundreds of committees, subcommittees, commissions, boards, etc. that have designated seats for members of the general public. By providing a seat to the general public, the committees may provide a better balance of input from professionals and consumers.
Being appointed to the committees grants wonderful benefits. While some of the positions will receive stipends, one of the greatest benefits is that committee members have their voice heard on issues that may impact the entire state. This is important for the “little guy” to have someone who is not directly or financially biased toward one outcome.
But how can the “little guy” expect to be selected? Most of the appointments are made by officials like the Governor or the Attorney General. Unless someone brings you to the official’s attention, you will have to self-promote. Apply for the desired position. Increase the competition for the position. If the pool of applicants is composed of a select few, then a true representation of Texas is negated.
The Governor alone will make about 3,000 appointments, some of which are designed for public members. See http://governor.state.tx.us/appointments/ . Therein you will find a link for available opportunities and how to apply for the positions. Good luck and let me know which committees you apply!
Tuesday, March 9, 2010
Monday, March 8, 2010
Citation and Notice
The terms “Notice” and “Citation” are used quite frequently in legal proceedings. Often people use the terms interchangeably. What exactly is a “Notice” or a “Citation?”
In basic terms, a “Notice” is what is given, verbally or written, to inform parties of the legal proceedings in a case. Our judicial system makes efforts to be fair. Providing notice to parties prevents someone from sneaking into court to sue another person without ever formally alerting the person of the lawsuit.
A “Citation” is a notice for a party to take an action. Thus, a “notice” informs, but a “citation” compels a person to do something. Most commonly the required action is to appear in court for a particular purpose.
In Texas, a judgment cannot be rendered without proof that parties received proper notice of the lawsuit and had enough time to respond. A Petitioner seeking a judgment cannot just tell the Defendant that there is a lawsuit on file with the court. There are specific procedures to demonstrate that the defendant received adequate notice.
The contents of notices and citations are driven by the type of lawsuit (ex., insurance suit, personal injury, divorce, etc.). Each governing Texas Code may provide directives for the notices and citation. Otherwise, the Texas Rules of Civil Procedure prevails. They can be found at http://www.supreme.courts.state.tx.us/rules/trcphome.asp.
In basic terms, a “Notice” is what is given, verbally or written, to inform parties of the legal proceedings in a case. Our judicial system makes efforts to be fair. Providing notice to parties prevents someone from sneaking into court to sue another person without ever formally alerting the person of the lawsuit.
A “Citation” is a notice for a party to take an action. Thus, a “notice” informs, but a “citation” compels a person to do something. Most commonly the required action is to appear in court for a particular purpose.
In Texas, a judgment cannot be rendered without proof that parties received proper notice of the lawsuit and had enough time to respond. A Petitioner seeking a judgment cannot just tell the Defendant that there is a lawsuit on file with the court. There are specific procedures to demonstrate that the defendant received adequate notice.
The contents of notices and citations are driven by the type of lawsuit (ex., insurance suit, personal injury, divorce, etc.). Each governing Texas Code may provide directives for the notices and citation. Otherwise, the Texas Rules of Civil Procedure prevails. They can be found at http://www.supreme.courts.state.tx.us/rules/trcphome.asp.
New Blawg: Texas Children's Law
I've decided to break out information dealing with children into a separate blawg, Texas Children's Law. Please join me there to discuss Texas laws affecting children.
Sunday, March 7, 2010
I Know What the Computer Says, But I Was Innocent
The falsely accused of crimes and allegations of abuse or neglect of children are eligible to have most references to the false allegations and proceeding records removed from government files. This process is called an expunction process.
In criminal and civil matters, the right to have your slate wiped clean is not an automatic right. You must request that all responsible parties remove the negative information from your history. Once approved, follow up to ensure that your records are accurate and as clean as possible.
Taking the time to make the initial expunction request, getting approval, compelling responsible agencies to act upon the information, and periodically following up can be time consuming. However, to preserve your history, you should strongly consider investing in yourself to have your record reflect accurate information. Even though your record may show that you were found not guilty, charges dropped, or a host of other results in your favor, the effect of having a record in the first place has consequences.
Consider how your record would look to a potential future employer. Imagine that an employer is deciding between two candidates. After pulling a background check on the two candidates, a report is prepared explaining the following:
Candidate 1 – There are three independent records for this candidate. Candidate was charged with child abuse, accused of molesting a minor, and arrested for criminal assault. The assault charges were dismissed. The investigation into the molestation case was dropped when the case worker concluded that there was no reason to believe the charges. A jury found that the candidate did not commit child abuse.
Candidate 2 – No criminal or civil records found.
If you were the employer and all other things being equal, whom would you choose just on this information alone? Which candidate would you want to be?
In addition, when there are marks on your record, CPS investigators may be more likely to remove children from your care in future investigations. This has occurred in situations when grandparents are seeking custody of their grandchildren involved in CPS matters. If the grandparents were accused of abuse in the past, this “involvement” although simply an allegation may count against the grandparents years later despite being exonerated.
An expunction can help take away costly hesitation and loss of confidence. The mere presence of a record may plant a thought or impression about you – right or wrong.
Sec. 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM RECORDS.
(a) At the conclusion of an investigation in which the department determines that the person alleged to have abused or neglected a child did not commit abuse or neglect, the department shall notify the person of the person's right to request the department to remove information about the person's alleged role in the abuse or neglect report from the department's records.
(b) On request under Subsection (a) by a person whom the department has determined did not commit abuse or neglect, the department shall remove information from the department's records concerning the person's alleged role in the abuse or neglect report.
(c) The board shall adopt rules necessary to administer this section.
In criminal and civil matters, the right to have your slate wiped clean is not an automatic right. You must request that all responsible parties remove the negative information from your history. Once approved, follow up to ensure that your records are accurate and as clean as possible.
Taking the time to make the initial expunction request, getting approval, compelling responsible agencies to act upon the information, and periodically following up can be time consuming. However, to preserve your history, you should strongly consider investing in yourself to have your record reflect accurate information. Even though your record may show that you were found not guilty, charges dropped, or a host of other results in your favor, the effect of having a record in the first place has consequences.
Consider how your record would look to a potential future employer. Imagine that an employer is deciding between two candidates. After pulling a background check on the two candidates, a report is prepared explaining the following:
Candidate 1 – There are three independent records for this candidate. Candidate was charged with child abuse, accused of molesting a minor, and arrested for criminal assault. The assault charges were dismissed. The investigation into the molestation case was dropped when the case worker concluded that there was no reason to believe the charges. A jury found that the candidate did not commit child abuse.
Candidate 2 – No criminal or civil records found.
If you were the employer and all other things being equal, whom would you choose just on this information alone? Which candidate would you want to be?
In addition, when there are marks on your record, CPS investigators may be more likely to remove children from your care in future investigations. This has occurred in situations when grandparents are seeking custody of their grandchildren involved in CPS matters. If the grandparents were accused of abuse in the past, this “involvement” although simply an allegation may count against the grandparents years later despite being exonerated.
An expunction can help take away costly hesitation and loss of confidence. The mere presence of a record may plant a thought or impression about you – right or wrong.
Sec. 261.315. REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM RECORDS.
(a) At the conclusion of an investigation in which the department determines that the person alleged to have abused or neglected a child did not commit abuse or neglect, the department shall notify the person of the person's right to request the department to remove information about the person's alleged role in the abuse or neglect report from the department's records.
(b) On request under Subsection (a) by a person whom the department has determined did not commit abuse or neglect, the department shall remove information from the department's records concerning the person's alleged role in the abuse or neglect report.
(c) The board shall adopt rules necessary to administer this section.
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