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Frontline Justice Submits Public Comment on Proposed Rules Governing Licensed Court-Access Assistants to the Supreme Court of Texas

Frontline Justice submitted the following comment to the Texas Supreme Court in support of the proposed rules for Licensed Court-Access Assistants (LCAAs). The proposal, outlined in Misc. Docket No. 24-9050, marks a vital step forward in bridging Texas' civil justice gap. The LCAA program aligns closely with Frontline Justice's mission, as it empowers everyday community members to offer essential civil legal support. Texas’ move to establish this program showcases a forward-looking dedication to expanding access to justice for underserved communities across the state. Read the Supreme Court's order here. https://loom.ly/SnW-vTg

Public Comment from Frontline Justice:

Dear Chief Justice Hecht and Honorable Justices of the Supreme Court of Texas,

In response to Misc. Docket No. 24-9050, Frontline Justice is grateful for the opportunity to submit comments on the proposed rules for Licensed Court-Access Assistants (LCAAs). This program is a crucial step in addressing the civil justice gap in Texas, and we commend the Texas Supreme Court for its leadership in moving this initiative forward.

Frontline Justice is a national bipartisan nonprofit dedicated to increasing access to justice for underserved communities. As a sponsored project of Rockefeller Philanthropy Advisors, Inc. (RPA) and incubated by the Office of American Possibilities (OAP)—the nation’s leading incubator for civic moonshots—Frontline Justice is an emerging national effort to transform legal empowerment in the United States. We empower Community Justice Workers (CJWs)—trusted community members like social workers, shelter volunteers, residential counselors, case managers, benefits coordinators, food bank staff, librarians, teachers, and faith leaders—who are cross-trained to assist people with civil legal issues. These justice workers are embedded in their communities, providing critical support in trusted spaces where people already seek help. More about our mission can be found at www.frontlinejustice.org.

Addressing the Civil Legal Needs of Low-Income and ALICE Texans

The LCAA program in Texas aligns closely with the core values we advocate for in our work at Frontline Justice. Both the LCAA initiative and our approach share a commitment to empowering trusted community members to provide civil legal assistance. Like community justice workers, LCAAs are trained to assist individuals in navigating civil legal matters. These lay advocates play a vital role in bridging the gap between cumbersome legal processes and the people who most need access to justice—those who cannot afford an attorney. By offering a regulated pathway for lay advocates to provide legal services, the LCAA program has the potential to make a significant difference in expanding access to justice for those who would otherwise be left without help.

It is critical, however, that the final rules governing LCAAs promote effective and inclusive participation, ensuring the program meets the needs of low-income Texans who are unable to afford legal services. Many of these individuals fall below 125% of the Federal Poverty Guidelines, which includes an estimated 5 million Texans, or 17% of the state’s population.1 For example, an individual with an annual income of $18,825 or a family of four with a combined income of $39,000 would qualify for assistance under these guidelines.2

In addition to these low-income households, many working-class Texans—particularly those identified by the United Way as the ALICE (Asset Limited, Income Constrained, Employed) population—struggle to meet the rising costs of essential needs such as housing, childcare, food, transportation, and healthcare.3 While employed, ALICE households often earn too much to qualify for traditional public assistance but not enough to afford these basic living expenses.4 This population makes up nearly 43% of Texas.5 The LCAA program offers a vital opportunity to extend legal services to both low-income and ALICE households, ensuring that these individuals have access to the legal support they need.6

This program is especially important given the findings of the 2015 Texas Unmet Legal Needs Survey, which revealed that 90% of civil legal needs in low-income households went unmet.7  The data for this Texas-specific legal needs survey was conducted in 2013 and found significant unmet legal needs among low-income households. According to the Texas Access to Justice Foundation report, 59% of low-income households reported having at least one civil legal need, with some households facing multiple needs.8 The areas with the highest unmet needs were:

  • Consumer law (94% of needs unmet),
  • Housing law (95% unmet),
  • Family law (76% unmet),
  • Employment (94% unmet),
  • Healthcare (78% unmet),
  • Individual rights (95% unmet),
  • Public benefits (93% unmet).9

These findings highlight the acute gaps in legal assistance for Texas residents. Given the outdated nature of this 2013 data, it's highly likely that the situation has worsened, particularly in the wake of the COVID-19 pandemic, as national surveys have indicated increased civil legal needs since then​.10 Expanding access to justice through lay advocates like LCAAs is more critical than ever to ensure that vulnerable Texans receive the help they need to navigate these challenges.

Recommendations for LCAA Program Rules

As Texas prepares to implement the Licensed Court-Access Assistants (LCAA) program, it is important that the rules establish an inclusive, effective structure that actually supports individuals in need. While the proposed rules provide a solid foundation, there are several areas where thoughtful adjustments can improve the program's accessibility and effectiveness. Our suggestions center on increasing eligibility, removing unnecessary deterrents to uptake and ensuring that the program benefits a diverse range of community organizations and advocates. With these improvements, the LCAA program may better meet the civil legal requirements of low-income and working-class Texans, allowing more people access to the justice they deserve.

  1. Eligibility Criteria for Organizations Involving LCAAs:

Proposed rule: “An approved legal assistance organization means: (1) a nonprofit that provides at least 50% of its legal services at no cost to individuals living at or below 200% of the federal poverty guidelines...” (Preliminary Approval of Rules - Texas, Article XVI, Section 1(A)(1)(c))​

Recommendation: To ensure the LCAA program reaches the widest range of underserved Texans, we recommend broadening the eligibility criteria for participating organizations. The current 50% legal services threshold may unintentionally exclude community-based organizations focused on issues like housing, healthcare, domestic violence, and social services. These organizations, though not traditional legal service providers, already work closely with populations who face civil legal issues and would greatly benefit from LCAA support. Relaxing the 50% threshold or redefining 'approved legal assistance organization' would enable a broader network to participate, expanding access to justice for low-income and ALICE households.

  1. Fostering Inclusivity through Balanced Background Checks

Proposed rule: “To be eligible for licensure as a court-access assistant, an applicant must pass a criminal-history background check...” (Preliminary Approval of Rules - Texas, Article XVI, Section 2(B))

Recommendation: It is also critical to maintain low barriers to entry for individuals seeking to become Licensed Court-Access Assistants, particularly in terms of criminal background checks. The RAND Corporation notes that individuals with a criminal record can be successful in the workforce, with more than 25% of the active workforce having a conviction history.11 RAND’s research emphasizes that a person’s likelihood of reoffending decreases significantly with time, making broad exclusions based on past criminal history less predictive of future behavior​.

We recommend that disqualifying offenses be clearly defined, focusing only on those directly relevant to public safety or the specific responsibilities of the LCAA role. Broad exclusions could disqualify individuals whose lived experience within marginalized communities positions them to be especially effective advocates. A more focused policy would maintain high standards while ensuring inclusivity.

  1. Ensuring Accessible Entry for LCAAs: Training Requirements

Proposed rules:To be eligible for licensure as a court-access assistant, an applicant must have completed justice court training approved by the Court or JCTC that includes training on justice court procedures, professional conduct, and the substantive areas of civil law handled by justice courts”…(Preliminary Approval of Rules - Texas, Article XVI, Section 2(A))

“A licensed court-access assistant may, under the supervision of a lawyer at the sponsoring approved legal assistance organization, provide in a civil justice court suit legal services on which they have been trained….” (Preliminary Approval of Rules - Texas, Article XVI, Section 4(A))

Recommendation: In line with Frontline Justice’s mission to provide access to justice for underserved communities, we recommend that the training requirements for Licensed Court-Access Assistants (LCAAs) be designed as low-barrier, focusing on essential skills without imposing unnecessary time or resource constraints. Given these advocates' vital role, the training should be right-sized, ensuring that it equips individuals to handle the specific tasks they will encounter without overwhelming them with overly complex or lengthy requirements.

Our collaboration with Ascendium Education Group through the National Taskforce on Community Justice Worker Training underscores the importance of thoughtful training design. This taskforce will seek to develop evidence-based training standards for community justice workers. By drawing on best practices in adult learning and workforce development, the taskforce will craft training programs that are rigorous yet accessible, ensuring that individuals from a range of backgrounds can succeed in their roles without facing unnecessary barriers.

In support of this initiative, Frontline Justice and Ascendium Education Group stand ready to assist in developing or refining the educational programming for LCAAs in Texas, leveraging our work on national credentialing standards for community justice workers. By collaborating with local stakeholders, we can help create a training model that balances accessibility and effectiveness and ensures that Texas remains at the forefront of addressing the justice gap.

  1. Simplifying Application and Reporting Processes

Proposed rules: “The application must be in the form directed by the State Bar…” (Preliminary Approval of Rules - Texas, Article XVI, Section 3(B))

 The organization must “annually report the number of clients served by the licensed court-access assistants under this Article and any other data requested by the State Bar.” (Preliminary Approval of Rules - Texas, Article XVI, Section 6(C))

Recommendation: We support the Texas Supreme Court’s efforts to ensure accountability in the LCAA program through the application and reporting processes. Currently, the rules require organizations to submit applications, including a certificate of sponsorship from an approved legal assistance organization, and to report annually on the number of clients served. While these steps are crucial for transparency, there is a risk that the processes could become overly complex if additional administrative requirements are introduced.

For example, the State Bar’s role in setting the form and requirements for the application could result in paperwork that demands extensive data collection—placing a strain on smaller nonprofits. Similarly, the flexibility in the rules allowing for the collection of additional data could lead to more frequent or detailed reporting, further burdening resource-limited organizations. Well-meaning administrators often add layers of compliance, such as frequent audits or data requests, but these can unintentionally discourage participation from smaller organizations.

We recommend the Texas Supreme Court proactively streamline the application and reporting processes, ensuring they focus on essential accountability measures without overburdening nonprofits. By adopting simplified approaches, Texas can foster a more accessible and scalable LCAA program. A streamlined system of evaluation, focused on clear metrics like the number of individuals served and client satisfaction, will allow for data-driven improvements while minimizing administrative burdens.

  1. Broaden the Scope of Services Provided by LCAAs

Proposed rule: “A licensed court-access assistant may, under the supervision of a lawyer, provide in a civil justice court suit legal services on which they have been trained...” (Preliminary Approval of Rules - Texas, Article XVI, Section 4(A))

Recommendation: We recommend expanding the scope of practice for Licensed Court-Access Assistants (LCAAs) beyond the limited confines of justice court cases. While the current focus on justice courts is a valuable starting point, it significantly restricts the impact LCAAs could have on broader civil legal needs in Texas. Many low-income individuals and ALICE households face legal challenges in areas that extend well beyond justice courts, particularly in matters involving family law, consumer protection, and healthcare disputes.12

For example, family law issues—such as child custody, divorce, or protection orders—disproportionately affect low-income individuals who cannot afford legal representation.13 By allowing LCAAs to assist in these cases, the program would provide crucial support to families during some of the most challenging moments of their lives. 

While LCAAs can effectively assist with small claims related to debt collection, particularly those involving amounts under $20,000, they can also play a crucial role in addressing more complex consumer protection matters outside of justice court jurisdiction. These include higher-value claims, which often require intervention by higher courts. Expanding the LCAA scope to cover these matters would provide essential support to low-income individuals facing unfair financial practices, ensuring access to justice across a broader array of legal challenges.

Lay advocates already provide critical assistance in federal administrative proceedings across 15 federal agencies, handling everything from simple administrative tasks to complex legal matters.

  • Department of Agriculture
  • Department of Education
  • Department of Health and Human Services
  • Department of Homeland Security / U.S. Citizenship and Immigration Services (USCIS)
  • and Federal Emergency Management Agency (FEMA)
  • Department of Housing and Urban Development
  • Department of the Interior
  • Department of Justice / Executive Office for Immigration Review (EOIR)
  • Department of Labor
  • Department of the Treasury / Internal Revenue Service (IRS)
  • Department of Veterans Administration
  • Equal Employment Opportunity Commission
  • Environmental Protection Agency
  • Patent and Trademark Office
  • Securities and Exchange Commission
  • Social Security Administration14

As noted in the 2023 Legal Aid Interagency Roundtable Report, lay advocates can provide representation in “highly technical and complex” matters, such as “representation in a removal proceeding in immigration court.”15 This further supports the assertion that LCAAs in Texas could successfully handle a broader range of civil legal issues. Allowing LCAAs to engage in more complex legal matters will ensure that they can address the most pressing issues faced by low-income Texans, help prevent further escalation of legal problems, and reduce strain on the formal legal system.

  1. Public Engagement and Outreach

Recommendation: Given the urgency of addressing the crisis of access to justice, it is critical to move forward without delay. To maximize the LCAA program’s long-term impact, we recommend incorporating a public outreach component after the immediate approval of the proposed rules. Outreach after implementation can help gather feedback from stakeholders like nonprofit organizations, legal aid providers, and community groups. Public forums and focus groups will offer valuable insights into the program’s effectiveness and guide future improvements, ensuring continuous responsiveness to the needs of low-income Texans and ALICE households.

According to The Pew Charitable Trusts, public engagement through forums and focus groups helps courts tailor their rules to reflect the needs of those most affected by the legal system, particularly low-income and vulnerable communities.16 Partnering with community organizations enables courts to connect people to the resources they need, reducing the legal burden on courts and improving outcomes.17 The Legal Aid Interagency Roundtable (LAIR) also emphasizes the importance of targeted outreach to historically underserved populations.18 Engaging these stakeholders early in the process helps identify specific barriers faced by low-income and marginalized communities, creating a pathway for collaborative solutions and ensuring the program is seen as inclusive and effective.

Outreach efforts should extend beyond legal service providers to include sectors like healthcare, housing, and others that intersect with civil legal issues. These sectors have unique insights into their clients' challenges, such as medical debt or housing instability, and can provide input to shape a more comprehensive LCAA program. Fostering dialogue with a diverse range of stakeholders can ensure that the LCAA rules reflect the realities faced by those directly impacted by the justice system.

Frontline Justice fully supports the Texas Supreme Court’s initiative to address the civil access to justice crisis through the Licensed Court-Access Assistants (LCAA) program. We are committed to contributing to the program’s success and offer our collaboration in refining and implementing it to maximize its impact. As advocates for community justice workers, we understand the pivotal role lay advocates can play in closing the justice gap. Frontline Justice stands ready to assist in this effort by offering expertise in research and outreach and sharing best practices from other jurisdictions where non-lawyer legal assistance has succeeded. We expect this program will be a model for other states, ensuring that all Texans, regardless of financial means, have access to essential legal resources.


Respectfully submitted,

Nikole Nelson, CEO

nikole@frontlinejustice.org

Dr. Alicia Mitchell-Mercer, COO

alicia@frontlinejustice.org


___

[1] Legal Services Corporation. Texas State Profile. Accessed October22, 2024. https://www.lsc.gov/grants/our-grantees/texas-state-profile

[2] Legal Services Corporation, Texas State Profile.

[3] United for ALICE. Texas United for ALICE. n.d. https://unitedforalice.org/county-reports/texas.

[4]United for ALICE, Texas United for ALICE.

[5] United for ALICE. ALICE in the Crosscurrents: Update. 2024. https://www.unitedforalice.org/Attachments/AllReports/2024-ALICE-Update-TX-FINAL.pdf.

[6] United for ALICE, ALICE in the Crosscurrents: Update.

[7] Enriquez, Roger, Richard Hartley, and MiguelBedolla. Texas Unmet Legal Needs Survey.Texas Access to Justice Foundation, July 22, 2015. https://www.teajf.org/news/docs/Final_TAJF_Report_summer_2015.pdf.

[8] Enriquez, Roger, Richard Hartley, and Miguel Bedolla, Texas Unmet Legal NeedsSurvey.

[9] Enriquez, Roger, Richard Hartley, and Miguel Bedolla, Texas Unmet Legal NeedsSurvey.

[10] Legal Services Corporation. The Justice Gap: The Unmet Civil Legal Needs of Low-Income Americans.April 2022.

[11] Bushway, Shawn D. "Resetting the Record: TheFacts on Hiring People with Criminal Histories." RAND, January 9, 2024. https://www.rand.org/pubs/research_briefs/RBA2968-1.html.

[12] Legal Services Corporation. The Justice Gap: The Unmet Civil Legal Needsof Low-Income Americans. April 2022. https://lsc-live.app.box.com/s/xl2v2uraiotbbzrhuwtjlgioemp3myz1.

[13] Legal Services Corporation, The Justice Gap.

[14] Widman, Amy, and Rutgers Law School."Nonlawyer Assistance and Representation." Draft report, 2024.

[15] Legal Aid Interagency Roundtable. Access to Justice in Federal AdministrativeProceedings: Nonlawyer Assistance and Other Strategies. 2023. https://www.justice.gov/d9/2023-12/2023%20Legal%20Aid%20Interagency%20Roundtable%20Report-508.pdf.

[16] The Pew Charitable Trusts. How to Collaborate with Community Partnersto Improve People's Access to Legal Support Resources. 2023.

[17] White House Legal Aid Interagency Roundtable. Issues Report. December 8, 2023. https://www.justice.gov/opa/pr/white-house-legal-aid-interagency-roundtable-issues-report.

[18] White House Legal Aid Interagency Roundtable, Issues Report.

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