In this issue:

1. A Victory in the Sixth Court of Appeals
2. 2009 Black & White Ball presented by Accenture

A Victory in the Sixth Court of Appeals

The high cost of filing for divorce often presents an obstacle to justice for victims of domestic violence, preventing them from taking the necessary legal steps to extract themselves and their children from dangerous and potentially deadly home environments. In Texas courts, however, impoverished parties can request to have the court waive its fees if they file a statement (an "affidavit of indigency") swearing they cannot afford the costs.

*Claudia Soto, with the help of Texas Advocacy Project's Assisted Pro Se (self representation) Program, filed her divorce with an affidavit of indigency in Cass County, Texas. Claudia's husband, who had controlled and extensively abused her for years, miraculously agreed to waive his interest in the divorce and children; he signed a statement saying he would not contest.

The divorce court judge, however, based solely on Claudia's unrepresented status, decided to order a local attorney to interview the children, and to order an unlicensed investigator to make an inspection of the Sotos's homes. Further, despite the fact that Claudia had already sworn she did not have the money to pay the court's $265 filing fee, the judge ordered the parties to pay the cost of the intrusions to their privacy - a minimum of $750 for the attorney and an unspecified sum to the home study evaluator - before Claudia would be allowed to proceed with her case.

The effect: Unless the divorce judge's orders were overturned, Claudia would be unable to finalize her divorce and custody case - meaning the mother of four would be stuck without child support, and her husband would have unrestrained access to Claudia and the children. Claudia, who had always been a stay-at-home mother, simply could not afford to pay for an attorney and home study, nor could she rely on her abusive, estranged husband to assist.

The attorneys at the Texas Advocacy Project's Justice Initiative stepped in. The attorneys believed the divorce court's order infringed Claudia's constitutional right to access the justice system regardless of ability to hire an attorney or pay court costs, and her right to raise her children without interference. The appeals court agreed. Justice Initiative attorneys sought and won a writ of mandamus (command from an appeals court for a lower court to take specific action), which denounced the lower judge's action as an abuse of discretion and ordered him to revoke his orders. Claudia can now move forward with her divorce and her life.

Why is this an important victory? The decision by Texas's 6th Court of Appeals sets an important legal precedent: judges may not order unnecessary investigations into a litigant's circumstances based only on her lack of representation, and costs for these investigations cannot be levied in order to shut an indigent litigant out of court. The case also illustrates the importance of Texas Advocacy Project's Assisted Pro Se Program in helping identify the barriers to justice facing domestic violence victims.

The opinion may be found at: www.6thcoa.courts.state.tx.us/opinions/pdfOpinion.asp?OpinionID=9939

*Name changed to protect the confidentiality of the client.

Accenture Presents the Black and White Ball
benefiting Texas Advocacy Project

Help our clients, become a sponsor today!  On October 23, 2009 from 7:00-11:00pm join Texas' top lawyer, Honorary Chair Attorney General Greg Abbott and confirmed guest legendary lawmaker A.R. "Babe" Schwartz as Texas Advocacy Project celebrates 27 years of service. The evening will feature live music, elegant hors d'oeuvres created by Chef Elmar Prambs and one of the city's most amazing auctions of the year. Prepare to be dazzled at the Four Seasons by bRILLIANT Magazine publisher and society powerhouse Lance Avery Morgan, who will be the evening's emcee. A special thank you to High Beam Events and the Floral Studio who are generously setting the stage for a beautiful Ball. Live auction items include elegant trips to ski and sand, Whidbey Island (Washington), jewelry from David Yurman, signed Tiger Woods memorabilia, UT sport packages and much more!

To purchase tickets or to become a sponsor visit http://www.signmeup.com/65357

Thank you to Kagan Creative for the graphic designs of the 2009 Black and White Ball

family violence legal line

800-374-hope (Statewide)

512-476-5770 (In Austin)

family law hotline

800-777-fair (Statewide)

512-476-1866 (In Austin)

sexual assault legal hotline

888-296-safe (Statewide)

512-225-9290 (In Austin)

technical advocacy hotline

888-325-safe (Statewide)

512-476-5386 (In Austin)