Article XVI - [Effective 12/1/2024] LICENSED COURT ACCESS ASSISTANTS

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As amended through August 27, 2024

Section 1. Definitions

A. "Approved legal assistance organization" means:

1. a nonprofit that:

a. is funded in part by the Texas Access to Justice Foundation;

b. is funded in part by the Legal Services Corporation; or

c. provides at least 50% of its legal services at no cost to individuals living at or below 200% of the federal poverty guidelines published annually by the U.S. Department of Health and Human Services;

2. a clinic or pro bono program of a Texas law school; or

3. a pro bono project or program of the State Bar or of a local or specialty bar association within Texas.

B. "JCTC" means the Justice Court Training Center.

Section 2. Eligibility

To be eligible for licensure as a court-access assistant, an applicant must:

A. 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;

B. pass a criminal-history background check; and

C. provide a certificate of sponsorship by an approved legal assistance organization.

Section 3. Application, Licensure, and Enrollment

A. An applicant must submit to the State Bar an application for licensure as a court-access assistant.

B. The application must be in the form directed by the State Bar and include a certificate of sponsorship by the approved legal assistance organization explaining the scope of the applicant's services, the processes for lawyer supervision, and any training provided.

C. If the State Bar determines that the applicant has satisfied the requirements of Sections 2 and 3, the State Bar must enroll the applicant as a member of the State Bar and certify the applicant to the Court. The Clerk of the Court will issue a corresponding license.

Section 4. Permitted Practice

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 if the licensed court-access assistant:

1. informs all clients in writing that the court-access assistant is not a lawyer; and

2. obtains written consent from the client to their representation by a non-lawyer.

B. To supervise a licensed court-access assistant, a lawyer must be available to answer any questions relating to documents filed and other tasks undertaken by the licensed court-access assistant but need not appear, whether in person or electronically, with the licensed court-access assistant for court proceedings. A sponsoring approved legal assistance organization must adopt policies for lawyer supervision of its licensed court-access assistants.

C. Nothing in this Article should be construed as limiting a licensed court-access assistant's or other person's ability to provide legal information, including:

1. providing information about court rules, court terminology, and court procedure, including how to initiate, advance, and finalize a suit and compliance with local procedure;

2. directing to legal resources, forms, and referrals;

3. encouraging litigants to consult a lawyer;

4. offering educational classes and informational materials;

5. recording on forms verbatim;

6. reviewing forms and other documents for completeness and, if incomplete, stating why the form or document is incomplete; and

7. explaining how to navigate a courthouse, including providing information about security requirements and directional information and explaining how to obtain access to a suit file or request an interpreter.

Section 5. License Revocation; Reinstatement

A. A license issued to a court-access assistant is revoked and the court-access assistant must cease any activities permitted under Section 4:

1. for good cause and upon notice and an opportunity to be heard by the State Bar; or

2. upon the termination of sponsorship by the sponsoring approved legal assistance organization.

B. A license revoked under paragraph (A)(2) may be reinstated upon submission of a new application and certification of sponsorship by another approved legal assistance organization.

C. The State Bar must notify the Clerk of the Court when a court-access assistant's license is revoked.

Section 6. Sponsor Obligations

The sponsoring approved legal assistance organization must:

A. require all licensed court-access assistants to complete at least 3 hours of continuing education by the sponsoring approved legal assistance organization or another entity approved by the Court or JCTC; and

B. immediately notify the State Bar if it:

1. has knowledge that the licensed court-access assistant has committed conduct that raises a substantial question as to the court-access assistant's honesty, trustworthiness, or fitness to assist clients; or

2. will no longer sponsor the licensed court-access assistant; and

C. 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.

Section 7. Compensation

A licensed court-access assistant must not directly charge a client for services or claim or receive a percentage fee, contingency fee, or origination fee. However, nothing in these rules is intended to prevent the licensed court-access assistant from being paid for services by the sponsoring approved legal assistance organization.

Section 8. Privilege

The rules of law and evidence relating to privileged communications between lawyer and client govern communications made or received by a licensed court-access assistant performing activities under this Article.

Adopted effective 12/1/2024.