HOUSTON, TEXAS – May 17, 2021 – The Harris County Criminal Lawyers Association (HCCLA) began its 51st year on May 13, 2021. New officers and directors were inducted.
Please direct all future media inquiries to:
Joseph Vinas, HCCLA President
Vinas & Graham, PLLC
1210 W. Clay, Suite 12
Houston, TX 77019
713.229.9992 ofc
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Today, every adult American citizen regardless of race, gender, religion or socio-economic background has the opportunity to vote. The dreams of our founding fathers, propounded by action, gave us the right to change, the right to be heard, and the right to vote. However, this was not always so. To remind us of our civic duty, Vote America! educates students about the heroic efforts made for equality and democracy; the struggles of the civil rights era, passage of the 1965 Voting Rights Act, and the 15th, 19th, and 26th amendments to the U.S. Constitution are all chronicled in this historical video.
Vote America: Court the Vote continues the Texas Young Lawyers Association’s long-standing commitment to producing quality, law-focused education programming for the citizens of Texas and beyond.
For more information on this project, please visit tyla.org/Vote-America
Texas Young Lawyers Association
1414 Colorado Street, Suite 502
Austin, Texas 78701-2487
(800) 204-2222 ext. 1529
P R E S S R E L E A S E 
FOR IMMEDIATE RELEASE
CONTACT:
Mark Thiessen, HCCLA President
(713) 864-9000 or email: Mark Thiessen
or Grant Scheiner, TCDLA President
(713) 783-8998 or email: Grant Scheiner
HOUSTON, TX — The Harris County Criminal Lawyers Association (“HCCLA”) is the largest local criminal defense bar in the United States, with more than 700 active members engaged in the defense of citizens accused of criminal acts. HCCLA has, for over 50 years, stood for criminal justice, criminal justice reform, and against government and judicial overreach.
The Texas Criminal Defense Lawyers Association (“TCDLA”) is the largest state association for criminal defense attorneys in the nation with over 3,200 members. TCDLA’s purpose is to protect and ensure by rule of law and protect those individual rights guaranteed by the Texas and federal Constitutions in criminal cases; to resist the constant efforts which are now being made to curtail such rights; to encourage cooperation between lawyers engaged in the furtherance of such objectives though educational programs and other assistance; and through such co-operation, education, and assistance, to promote justice and the common good.
Today, HCCLA and TCDLA jointly filed a formal complaint with the Texas State Commission on Judicial Conduct against Judge Ramona Franklin, Judge of the 338th District Court of Harris County, Texas for violating the Canons of the Texas Code of Judicial Conduct. More specifically, Judge Franklin has repeatedly and illegally revoked defendants’ bonds right after they were released from custody and, worse, illegally denied them bail in violation of the United States and Texas Constitutions.
While many judges have been criticized for their decisions to release defendants on bail — individuals who are presumed innocent and legally entitled to bail — Judge Franklin has operated beyond the opposite end of the law, acting in a repeated, unlawful manner by revoking defendants’ bonds for no valid, legal reason. These individuals and their families spent their hard-earned money to secure their release so that they may fight their charges. Then, only making things worse, she then illegally ordered that they are to be held indefinitely without bail.
One individual sat in the Harris County Jail for 269 days after Judge Franklin illegally revoked his bond and put him back in custody back in November of last year. A little over two weeks ago, an appellate court found that Judge Franklin violated the law by doing so and ordered his immediate release. Despite this ruling, Judge Franklin continued to act in violation of the law by revoking other defendants’ bonds and denying them bail altogether.
The Commission on Judicial Conduct, pursuant to their lawful authority, will investigate the complaint and decide whether to take appropriate disciplinary action, including issuing sanctions, censures, suspensions, or recommendations for removal from office.
In the meantime, HCCLA and TCDLA will continue to monitor Judge Franklin’s actions, as well as other judges who decide to violate their obligations to comply with and be faithful to the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
For further inquiries and interviews, contact Mark Thiessen at (713) 864-9000 or Grant Scheiner at (713) 783-8998.
View or Download Formal Complaint:
Written By : Kim Borwick
Americans are taking necessary precautions for their health and the health of others within their communities, adapting their behaviors in an attempt to flatten the curve. Second only to health concerns are Americans’ worries over their individual finances — including job security, health care costs and retirement savings — and fear for the national economy.
The $2 trillion CARES Act has enacted policy to mitigate the crisis to a degree, but experts predict that it will be months before the economy is back on track.
The immediate impact of COVID-19 has been swift and crippling to the economy.
With 41 states and Washington, D.C., having already issued shelter-in-place orders, governors of states in the Midwest and the South have dug in their heels, refusing to issue statewide orders for fear of devastating their economies.
The dilemma facing leaders is the paradox of taking measures to contain the virus as a way to sustain the economy.
If, as Dr. Anthony Fauci has urged, the federal government imposes a nationwide stay-at-home order to prevent further spread of the coronavirus, the pause will have an immediate effect on the economy. And if Dr. Fauci’s and other health experts’ advice is dismissed, we will likely see thousands more cases of COVID-19.
FOR IMMEDIATE RELEASE
CONTACT:
Mark Thiessen, HCCLA President
(713) 864-9000 or email: Mark Thiessen
July 13, 2020 – Houston, Texas – In an effort to provide solutions to this unprecedented Pandemic, we wanted to draw your attention to the June 2020 Statement of Principles and Report by the National Association of Criminal Defense Lawyers (NACDL) entitled Criminal Court Reopening and Public Health in the COVID-19 Era.
Please let this letter suffice as HCCLA’s formal adoption of this report. We urge you to take the time to read the core principles for reopening criminal courts which specifically affect us all.
Thank you for your attention and time. Please feel free to contact me any time to discuss how we can move forward while keeping the safety of all of us as the upmost of importance.
Harris County grand jury selection begins at NRG Arena
(Houston Chronicle — July 6, 2020)
By Ed McClees and Mark Thiessen
Recently, Harris County and other counties around that state have increased Personal Recognizance bonds. This bond paperwork then becomes public record. In this paperwork, people are requested to list their cell phone numbers, and some marketing companies and lawyers have started using this information to solicit new clients via text messages.
Rapidly evolving technology coupled with aggressive marketing tactics have created a new minefield for the uninformed lawyer. It’s been well settled that attorneys are not allowed to “cold call” potential new clients, whether it be for personal injury actions, criminal cases, or other legal work. Often referred to as “ambulance chasing,” which has been rampant in the personal injury world for years, we are faced with a new similar threat in the criminal world. Welcome to the world of cold calling or cold texting clients on their cell based off public information received from the district clerk or bond documents.
Unsolicited Text Messages Can Be Illegal
Texas Penal Code § 38.12(a) makes it a third-degree felony “if, with the intent to obtain an economic benefit the person…solicits employment, either in person or by telephone, for himself or another.” It is also a third-degree felony if a person “knowingly finances” or “invests funds the person believes are intended to further the commission” of act of barratry. Tex. Pen. Code § 38.12(b)(1-2). The Penal Code further prohibits a lawyer from knowingly accepting “employment within the scope of the person’s license … that results from the solicitation of employment in violation of [the barratry statute].” Tex. Pen. Code § 38.12(b)(3).[1]
A person convicted of barratry faces severe penalties from the State Bar because a “[f]inal conviction of felony barratry is a serious crime for all purposes and acts, specifically including the State Bar Rules and the Texas Rules of Disciplinary Procedure.” Tex. Pen. Code § 38.12(i).
Depending on the facts surrounding the particular situation, a creative and aggressive prosecutor could even try to throw in a Money Laundering charge (Tex. Pen. Code § 34.01) for the amount of fee that the client paid the lawyer who committed barratry.
The Texas Disciplinary Rules of Professional Conduct Frown Upon Unsolicited Text Messages
The Texas Disciplinary Rules of Professional Conduct recognize that “[i]n many situations, in-person, telephone, or other prohibited electronic solicitations by lawyers involve well-known opportunities for abuse of prospective clients.” Tex. Disc. R. of Prof. Cond. 7.03, com. 1. The “principal concerns presented by such contacts are that they can overbear the prospective client’s will, lead to hasty and ill-advised decisions concerning choice of counsel, and be very difficult to police.” Id.
Texas Disciplinary Rule of Professional Conduct 7.03(a) says that a “lawyer shall not by in-person contact, or by regulated telephone contact or other electronic contact … seek professional employment concerning a matter arising out of a particular occurrence or event … from a prospective client or nonclient who has not sought the lawyer’s advice regarding employment…”
This same rule defines “regulated telephone contact” as “any electronic communication initiated by a lawyer or by any person acting on behalf of the lawyer…that will result in the person contacted communicating in a live, interactive manner with any other person by telephone or other electronic means.” Tex. Disc. R. of Prof. Cond. 7.03(f). Clearly, text messages fall under this definition.
Follow State Bar Rules for Advertisements
From the outset, when in doubt, follow the requirements of the State Bar of Texas Advertising Review Committee. Submit your advertisement or plan of attack to the Bar and ask for permission. Note, the Bar will never give a lawyer clearance over the phone. All advertisements must be submitted in writing and if approved will be approved by letter with a green stamp on it. Failure to have this written approval subjects the lawyer to defending their marketing tactic before the Bar. Rule of thumb if you have a “clever” new marketing idea: get it formally approved. Texas Disciplinary Rule of Professional Conduct 7.07 lays out the requirements for submitting your marketing idea to the State Bar for approval.
The State Bar has set very specific rules regarding unsolicited direct mail outs. See Tex. Disc. R. of Prof. Cond. 7.05. The font, color, material must all be pre-approved by the State Bar. This is widely known and has been the case for over 20 years. However, with evolving technology, one could hypothetically reach potential clients faster than mail, by text or direct phone call. The same rule that governs mail outs also governs electronic or digital solicitations. Id.
We are aware of a single lawyer who received an approval letter from the State Bar of Texas Advertising Review Committee for the use of sending a text message to potential clients. It is important to note, however, that this opinion expressly stated that “[i]t does not address any unauthorized practice of law or ethics issues that may be present, which are beyond the scope of an advertising opinion.” Therefore, even if you get an approval from the State Bar of Texas Advertising Review Committee, you still face potential ethics issues, as discussed above, and liability issues, which are discussed in more detail below.
It should also be noted that the text message that received this approval stated “*ADVERTISEMENT*” in all capital letters at the top of the message, and ended with “PLS DO NOT REPLY TO THIS MESSAGE. REPLIES ARE NOT RECEIVED NOR [sic] RETURNED.” Also, this text message only asks the recipient to call the number listed if the recipient did not already have an attorney. The fact that this was an automated message that lacked the ability for the lawyer to directly start a conversation with the potential client could have been an important factor that distinguishes this kind of message from interactive direct texting.
Be Careful with Lawyer Referral Services
Both the Texas Penal Code and the Texas Disciplinary Rules of Professional Conduct make it clear that a lawyer can get in trouble if that lawyer knowingly uses a lawyer referral service that breaks the rules. These services are regulated by the Texas Occupations Code, which defines a “lawyer referral service” as “a person or the service provided by the person that refers potential clients to lawyers regardless of whether the person uses the term ‘referral service’ to describe the service provided.” Tex. Occ. Code. § 952.003(1).
Many of the people operating lawyer referral services do not realize that a “person may not operate a lawyer referral service in this state unless the person holds a certificate issued” under the Occupations Code. Tex. Occ. Code § 952.101. Also, applicants for these certificates must be operated by a governmental entity, or a nonprofit entity. Tex. Occ. Code § 952.102.
So, be weary when your email box gets flooded with various lawyer referral services trying to get you to pay them for client referrals. Many of these businesses are not operating legally. If your marketing company directly texts potential clients on your behalf you are the one who faces the legal consequences.
Unsolicited Text Messages Seeking Clients is Illegal and Subjects the Sender to Civil Liability
There are several civil penalties that exist for directly soliciting clients via text message. Tex. Gov’t Code § 82.0651, for example, creates an aggressive civil penalty for barratry where the offending party must forfeit their attorney’s fees, pay a $10,000 fine, and the attorney’s fees of the party bringing an action.
Additionally, the Telephone Consumer protection Agency (TCPA) and Federal Communications Commission (FCC) regulations make it illegal for a company to send a text message unless the person receiving the text message gave consent to receive it, or if the message was send for emergency purposes. While we all agree that getting new business is important, it falls well short of being an “emergency” under these regulations.
The bottom line is that any lawyer who directly or through a third party sends unsolicited text messages to people charged with a crime in order to solicit that person’s business risks significant criminal and civil liability. Lawyers should not cold call any number that has not contacted you first or asked you through some sort of submission, to contact you.
Duty to Report
As attorneys we have an affirmative ethical duty to report barratry. Tex. Disc. R. of Prof. Cond. 8.03.
However, if a text was to mimic the requirements established in the Rules, would it be ethical? As of the date of this writing, we have found no ethics opinion or court opinion that authorizes such conduct. Any lawyer who wishes to engage in this unscrupulous tactic should first seek State Bar Advertising Review Committee approval, but even that will not necessarily shield you from ethical consequences or civil or criminal liability.
While no lawyer wishes to “snitch” on a fellow lawyer, this affects us all and cheapens our profession. If we do not take action against this conduct, then we risk having a criminal bar that goes the way of the personal injury bar – where significant numbers of cases are illegally “run” by the criminal law version of the ambulance chaser in a cheap suit. This illegal and unethical conduct makes all of us look bad in a world where people already have a hard time trusting lawyers.
Some might suggest that an unsolicited text message is no different from mailouts, which have been approved and have been happening for years. Unsolicited texts messages are distinguished from mailouts for several reasons:
No one likes to snitch on friends. However, the practice of unsolicited text messaging is unethical and illegal unless specifically allowed by the State Bar. This article is not intended to encourage grievances, prosecution, or civil lawsuits; rather, it is intended to educate those attorneys who think they or the company they hired found a cutting age way to market for new clients. Technology may be evolving, but the basics of law remain the same. Remember, pigs get fat, hogs get slaughtered. If you have a new way to market, get it approved. The State Bar will not tell your competitors, but this approval will vindicate you when your competitors take offense.
[1] Lawyers should be weary of lawyer referral services, which is discussed in more detail in another section.
FOR IMMEDIATE RELEASE
CONTACT:
Mark Thiessen, HCCLA President
(713) 864-9000 or Mark Thiessen
June 29, 2020 – Houston, Texas – HCCLA sent the following letter to Hon. Judge Susan Brown, Presiding Judge, 11th Judicial Administrative Region regarding the plan to implement jury trials at the NRG Stadium.
June 2, 2020
To the family and friends of George Floyd, and to all members of the Harris County Criminal Lawyers Association:
The Harris County Criminal Lawyers Association (HCCLA) expresses sincere condolences for the outrageous death of native Houstonian George Floyd. Mr. Floyd’s death while in the custody of law enforcement officers was completely unnecessary and exemplifies the systematic abuse of people that will continue to occur without serious and effective oversight of law enforcement policies, procedures and actions. HCCLA demands a full and transparent investigation, and charges must be sought against all criminally responsible parties.
The community is in pain. This pain is not unique to Minneapolis, sadly; it extends across America. The killings of George Floyd, Ahmaud Arbery, and Breonna Taylor are just the latest examples to bring to light the national shame of brutality perpetrated in the name of law enforcement. Far too often, that overzealousness and barbarism is aimed at people of color. The United States has witnessed too many undeserved, early funerals.
HCCLA is the largest local criminal bar in the State of Texas with nearly 800 members. HCCLA demands justice for Mr. Floyd and others victims throughout the nation, and here locally. HCCLA insists the time for change is now, and not for the next generation to address.
HCCLA demands courts stop upholding unjust convictions by claiming the violation of individual rights by police is “harmless”. HCCLA demands District Attorney Offices across Texas immediately release the names of peace officers found to have engaged in sustained use of force or complaints of racism. HCCLA demands local governments stand against police union obstruction of justice. All lawyers, judges, and upstanding officers of the law and the courts must rise up against this exploitation of any person. In an effort to propose a solution, we strongly support implementing the following rules immediately:
HCCLA’s members are seeking to be part of the solution. Many HCCLA members are providing free representation (pro bono) for those people arrested while engaging in peaceful protest. Together, HCCLA stands against racism, violence in the name of order, and demands due process for all citizens accused. HCCLA will use all available resources to promote awareness of any criminal cases involving excessive force or racism by law enforcement.
HCCLA is prepared to assemble with community members, partners and local officials to help identify what more can be done together. Starting in Houston – starting today – resources must be dedicated to address this systemic, institutional problem. There are no reasons to wait for tomorrow.
Mark Thiessen
President, Harris County Criminal Lawyers Association
FOR IMMEDIATE RELEASE
CONTACT:
Mark Thiessen, HCCLA President
(713) 864-9000 or Mark Thiessen
May 27, 2020 – Houston, Texas – The Harris County Criminal Lawyers Association (“HCCLA”) is the largest local criminal defense bar in the United States, with more than 700 active members engaged in defense of citizens accused of criminal acts. HCCLA has, for 50 years, stood for criminal justice, criminal justice reform, and against government and judicial overreach.
Since March 2020, Harris County and the State of Texas have been under a state of emergency. In fact, Texas Governor Greg Abbott has declared all 254 Texas counties to be in a state of disaster caused by the global COVID-19 pandemic. In response, and in an effort to ensure the safety of judges, jurors, court staff, officers, the criminally accused, and attorneys, HCCLA board members and officers have worked tirelessly alongside numerous high ranking members of virtually every government agency in Harris County. Thanks to the unprecedented cooperation between all entities involved, this partnership implemented a system to maintain the Harris County criminal justice system, while ensuring the health and safety of the citizens remain a top priority in these historic times.
On Tuesday, May 26, 2020, a large crowd was required by certain judges to appear in the Harris County Criminal Justice Center (HCCJC). Large lines of presumptively innocent people formed in front of the HCCJC, leading to these same individuals being forced to wait in the HCCJC hallways, where there can be no effective social distancing. This is in direct violation of the county engineer’s orders for the number of persons to be present in the HCCJC at any given time.
Line of people required to appear in court outside the Harris County Criminal Justice Center on May 26, 2020.
In further violation of the county engineer’s order, Harris County Judge Lina Hildago’s orders, the Texas Supreme Court’s orders, the Office of Court Administration’s directives, and Texas Governor Greg Abbott’s orders, social distancing was neither required nor enforced. Consequently, the lives of these human beings – and HCCJC staff – were wantonly and unnecessarily put at risk. People in this great nation, this fine state, and the largest county in Texas, are still dying from COVID-19 at alarming rates. Per media reports, no less than 6 lives connected to the HCCJC have been lost – be they jailers or inmates awaiting resolution of their cases – with many more having suffered infection from this debilitating, fatal disease. HCCLA is aware of reports even one judge has fallen to COVID-19.
HCCLA strongly condemns these unwarranted and reckless court actions that endanger the lives of the presumptively innocent accused, HCCJC staff, and our members. It is not lost on HCCLA that the very persons elected to follow the law, ensure dignity, and preserve constitutional rights are threatening the very same in the name of expediency and hubris. 
HCCLA will vigorously oppose any court action by a judicial officer risking the lives of the accused, the defense bar, or HCCJC staff. HCCLA calls on all courts to act in a responsible and humane fashion.
Unless and until these orders are modified or rescinded, HCCLA demands the judiciary comply, as the Harris County population must. There are to be no in-person court appearances required on non-essential matters until such time as the medical community has deemed the threat of COVID-19 to have either passed or significantly diminished. These are the orders the judiciary shall obey. The health and safety of the community is not a negotiable matter.
