District Clerk IT [DCIT] Travis County District Clerk “To Pay or Not Pay”

TEXAS SUPREME COURT ISSUES FINAL AMENDMENTS TO TEXAS RULE OF CIVIL PROCEDURE 145 Effective 9/30/2016 The Texas Supreme Court issued final approval of amended rules establishing how indigent people in Texas court cases may proceed without paying court costs.

Texas Supreme Court Viewpoint Access to the civil justice system cannot be denied because a person cannot afford to pay court costs. A person may have sufficient cash on hand to pay filing fees, but the person cannot afford the fees if paying them would preclude the person from paying for basic essentials, like housing or food. The amended rules now does not allow the clerk or a party to challenge a litigant’s claim of inability to afford costs without sworn evidence that the claim is false. The trial court always retains discretion to require evidence of an inability to afford costs (The Trial Court can deny request without sworn evidence that claim is false.)

THOMAS A. WILDER, TARRANT COUNTY DISTRICT CLERK, RESPONDENT ODELL CAMPBELL, SHAWNTA RENEA COLEMAN, THOMAS RAY ROBERTSON, DIANA J. JAJERA, SCOTT WIERNIK, TAIRHONDA MCAFEE AND MARYBETH LYNN JEWELL, PETITIONERS, v. THOMAS A. WILDER, TARRANT COUNTY DISTRICT CLERK, RESPONDENT No. 14-0379 SUPREME COURT OF TEXAS Argued September 23, 2015 April 1, 2016

CLERKS FUNCTIONS - May reject Statement of Inability to Afford Payment of Court Costs if not sworn/affirmed or does not have same type of information as on the Texas Supreme Court Form. Must provide Statement of Inability to Afford Payment of Court Costs without request. Cannot contest statement of Inability to Afford Payment of Court Costs if Attorney provides free legal services, without contingency, from IOLTA program and certificate filed.

QUESTION A: If a person files an Affidavit, and then retains counsel, can the Affidavit be contested and if so, what is the process? The Affidavit can be contested under “changed circumstances.” The Clerk can file a Motion to Require Declarant to Pay Costs based on sworn evidence, “good faith belief that declarant’s statement was materially false when it was made or it was no longer true in material respects due to changed circumstances.” In re A.M.M., No. 04-15-00638-CV, 2016 Tex. App. LEXIS 3498 (App. Apr. 6, 2016).

QUESTION B: If a person makes above 125% of the poverty guideline but states that they cannot afford to pay the fee, can the Statement be contested? The poverty guideline is not a baseline. The Court has stated that if the declarant’s essential expenses exceed monthly income, then generally the statement should not be contested regardless of the Applicants income.

EXAMPLE OF “CONTESTABLE” STATEMENT

QUESTION C: If a person has counsel that represents them for free but is not part of the organizations stated in 145(b)(1-4), can the affidavit be contested?    This can be contested but will depend on if the statement shows expenses exceed income and any other factors the Court deems appropriate.

QUESTION D: If a person has retained counsel but states they cannot afford the fee, can the Affidavit be contested?    The Affidavit can be contested. Information about how much the counsel is charging, if the

NEW RULE CHANGE DOES NOT APPLY TO INMATES - Tex. Civ. Prac. & Rem Code, Section 14.006 Court Fees, Court Costs, Other Costs. (a) A court may order an inmate who has filed a claim to pay court fees, court costs, and other costs in accordance with this section and Section 14.007. The clerk of the court shall mail a copy of the court’s order and a certified bill of costs to the department or jail, as appropriate. (b) On the court’s order, the inmate shall pay an amount equal to the lesser of: (1) 20 percent of the preceding six months’ deposits to the inmate’s trust account; or (2) the total amount of court fees and costs. (c) In each month following the month in which payment is made under Subsection (b), the inmate shall pay an amount equal to the lesser of: (1) 10 percent of that month’s deposits to the trust account; or (2) the total amount of court fees and costs that remain unpaid.

2016 CASES ABOUT INABILITY TO PAY COURT COSTS Campbell v. Wilder, 487 S.W.3d 146 (Tex. 2016).   In re A.M.M., No. 04-15-00638-CV, 2016 Tex. App. LEXIS 3498 (App. Apr. 6, 2016). Gonzalez v. Park, No. 07-16-00305-CV, 2016 Tex. App. LEXIS 10056 (App. Sep. 9, 2016). Leachman v. Stephens, No. 02-13-00357-CV, 2016 Tex. App. LEXIS 12170 (App. Nov. 10, 2016).

General Litigation/Government Connie Jefferson – 512-854-5834 Family District Clerk’s Office Contacts My Direct Number: 512-854-4990 General Litigation/Government Connie Jefferson – 512-854-5834 Family Danikae Doetsch – 512-854-5851 Criminal Amy Manor – 512-854-3693

My Executive Assistant Laura Jimenez 512-854-9737