News Release
Texas
Access to Justice Commission
Texas
Access to Justice Foundation
September 14, 2010
Texas Access to Justice Foundation Given Largest Cy Pres Award for Legal Aid
More than $2.6 million given to legal aid providers
to help Texans with disabilities
AUSTIN,
Texas
The Texas Access to Justice Commission and the Texas
Access to Justice Foundation (TAJF) have announced
the largest cy pres award to legal aid in Texas –
more than $2.6 million to TAJF and five legal aid
organizations that provide civil legal services to
Texans with disabilities. The funds resulted from a
lawsuit litigated by Austin attorney Hamp Skelton of
Skelton & Woody, the late Charles Shaddox of San
Antonio, and two Florida lawyers, Stephen Senn of
Peterson & Myers and Robert Fegers. The award to the
TAJF and five legal aid organizations was,
collectively, the largest portion of a total cy pres
distribution of more than $9 million that will flow
to non-profit organizations who serve the needs of
Texans with disabilities as a result of the lawsuit.
Cy pres awards are residual funds from a class
action or other proceeding that cannot be
distributed to class members or the intended
beneficiaries for a variety of reasons. The class
action suit, Meyers et. al v. State of Texas, et.
al, involved allegations that the state violated
Title II of the American with Disabilities Act by
charging Texans with disabilities for the
standardized blue placards used for parking. The cy
pres funding received from this suit will help
provide legal aid to Texans with disabilities.
“It is gratifying to know that our efforts will be
used to protect the legal rights of people with
disabilities,” attorney Hamp Skelton said. “The case
presented us an opportunity to contribute to the
vision that all Texans will have equal access to
justice.”
Nearly 28 percent of the cy pres award was given to
legal aid organizations that include TAJF, Advocacy,
Inc., Legal Hospice of Texas, Texas Civil Rights
Project, Texas Legal Services Center, and Texas RioGrande Legal Aid. The more than $800,000 given to
TAJF will be granted to legal aid organizations
later this year.
“As more Texans face poverty during these difficult
economic times, the extraordinary efforts of
attorneys like Mr. Skelton ensure that legal aid
providers are able to continue serving the legal
needs of our most vulnerable populations,” Houston
attorney Tom Godbold, chair of the Court Award
Strategies Committee, a joint committee of the TAJF
and the Texas Access to Justice Commission, said.
“Cy pres awards to legal aid demonstrate the
commitment of judges and lawyers in the legal system
to help fill the gaps in funding for legal aid.”
Nearly 5.3 million Texans qualify for legal aid. To
qualify for civil legal assistance from a legal aid
program, an individual normally cannot earn more
than $13,538 per year. A family of four must earn
less than $27,563 per year.
TAJF has awarded nearly $285 million to legal aid
organizations in its 26 years of existence. TAJF
collects and administers several funds, including
Interest on Lawyers’ Trust Accounts, Basic Civil
Legal Services (filing fees, fees assessed to
out-of-state attorneys practicing in Texas, and
other public funding), crime victims’ funds and
private donations.
# # #
The
Texas Access to Justice Commission
was created in 2001 by the Supreme Court of Texas to develop and implement policy
initiatives designed to expand access to and enhance the quality of
justice in civil legal matters for low-income Texans. The Commission has
created several initiatives to increase resources and awareness of legal
aid. For more information, please visit
www.TexasATJ.org.
The
Texas Access to Justice Foundation
(www.teajf.org),
created by the Supreme Court of Texas in 1984, is the primary
state-based funding source for the provision of civil legal aid in
Texas. The organization is committed to the vision that all Texans will
have equal access to justice, regardless of their income. The Foundation
administers a variety of funding sources, which are earmarked to assist
nonprofit organizations in providing legal aid to more than 100,000
Texans each year.
Contact: Kimberly Schmitt 512-320-0099, ext. 104
kschmitt@teajf.org
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