August 2003  
IN THIS ISSUE
  1. TOP STORY:
    Hurricane Claudette
  2. FEATURED LEADERS:
    Soldiers Who Are Texas Lawyers
  3. FEATURE TYLA PROJECT:
    School Curriculums: Supreme Team and We the Jury
  4. ARTICLE OF INTEREST:
    Pre-Judgment Garnishments
  5. TIPS FOR YOUNG LAWYERS:
    Developing Leadership
    LEGISLATIVE UPDATE
    Proposition 12

    MORE NEWS & EVENTS

WHAT'S GOING ON?

Aug
1-2
Bar Leaders Conference (Las Colinas)
Aug
7-9
ABA-YLD Annual Meeting (San Francisco, CA)
Aug
9
HYLA Animal Welfare Dog House Build (Houston)
Aug
15
Deadline: Local Affiliate Grant applications
Aug
19
DAYL - Career Killers: Stress/Alcohol/Drugs and the Dreaded Grievance (Dallas)
 Aug
21
SAYLA Membership Lunch (San Antonio)
 Aug
23
DAYL Elder Law Seminar (Dallas)
Aug
28
 


DAYL Social (Dallas-Blue)

HYLA Final Thursday(Houston-Volcano's)

 Sept
5-6  
TYLA Board Meeting (Frisco)
 

QUICK LINKS

Hurricane Cludette: Young Lawyers Ready to Assist Disaster Victims - By Marshall Wood

Hurricane Claudette hit the Texas shoreline on Tuesday, July 15, resulting in 15 counties being declared federal disaster areas: Aransas, Bee, Brazoria, Calhoun, DeWitt, Fort Bend, Galveston, Goliad, Jackson, Karnes, Matagorda, Refugio, San Patricio, Victoria and Wharton. Young lawyers immediately began volunteer efforts to help disaster victims, who can now access a free legal hotline at 1-800-504-7030.(continued)

Featured Local Affiliate Leaders
Soldiers Who Happen to Be Texas Lawyers:
Meet Five JAG Officers

By Dan Hargrove-

In southern Iraq, on April 4, 2003, during the first days of combat, a Marine Corps lawyer found himself in a tight spot. As reported in the Washington Post, Lt.Col. John Ewers, a graduate of The Georgetown University Law Center, was heading out on an unusual mission: looking for the father of an injured Iraqi boy flown out on a helicopter for emergency treatment the prior day. The last thing the 19-year veteran was expecting was a firefight....Although most judge advocate (JAG) officers will never see combat, Ewers’ story reveals the dangers that many lawyers face when serving in the military.(continued)

Feature TYLA Project
School Curriculums:
Supreme Team and We the Jury
 

Think back to your high school days. Did your basic civics instruction consist of lots of textbook reading and rote memorization? Were there engaging, interactive, fun lessons focusing on the Constitution or judicial branch of government? Did you ever see a lawyer or judge in your classroom? When you thought about the law, did you think about it in terms of its practical applicability to your life?

Most high school students do not receive dynamic law-focused curriculums. The Texas Young Lawyers Association wants to change that. Over the past several years, TYLA has developed several interactive law-focused education curriculums that are designed to teach students at the elementary, middle school, and high school levels about the law and their legal rights and responsibilities. This year TYLA’s Law Focused Education committee will highlight two high school programs: Supreme Team and We the Jury. (more info)


Pre-Judgment Garnishments -- Beware!
By Doug D'Arche -

I am constantly amazed at the number of attorneys and business people who are unaware of the availability of a pre-judgment garnishment. Many people are surprised that it is possible to freeze a bank account even though the owner of the account has not yet been served with the lawsuit. This is one reason Courts are hostile to this effective, but risky, procedure. This article gives a brief overview of the process. (continued)


Developing Leadership Among Young Lawyers
By Robert J. Witte
-

The Texas Young Lawyers Association, through committees such as Lawyers as Leaders and Leadership TYLA, places great emphasis in developing leadership among young lawyers. Regardless of your level of practice, you should begin to take time now to develop leadership skills, and to explore opportunities for putting those skills to work. As you begin this pursuit, consider the thoughts set forth below by Secretary of State Colin Powell. We hope that this, and other resources that you come across, will inspire you to get involved in TYLA initiatives, and to become an uncommon leader. (continued)


LEGISLATIVE UPDATE:
Proposition 12 - September 13, 2003

This spring the Texas Legislature passed a resolution that will shift the power to decide damages in civil cases from judges and juries to politicians. That means the legislature may be given the authority to decide damages, instead of courts, judges and juries.

A special election will be held on September 13, 2003, to vote on this resolution. Proposition 12 is required because the resolution changes the Texas Constitution. More specifically, Proposition 12, will strip the Open Courts provision of the Texas Constitution’s Bill of Rights, which has been in place since 1845. The Open Courts provision guarantees each citizen access to the Courts.

Proposition 12 reads as follows:

“The constitutional amendment concerning civil lawsuits against doctors and health care providers, and other actions, authorizing the legislature to determine limitations on non-economic damages.”

The Texas Legislature’s joint resolution is contained in H.J.R #3. Proposition 12 requires a simple majority vote in order for the constitutional amendment to take effect.

Next month’s TYLA e-newsletter will contain pro and con editorials concerning Proposition 12. Regardless of how you feel about this issue, if passed, Proposition 12 will have a profound impact on the Texas Civil Justice System and the constitutional rights of all Texans. If you are interested in submitting an editorial on Proposition 12, please submit that editorial to Cade Browning.


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