Texas Fair Defense Project

TEXAS FAIR DEFENSE PROJECT'S MISSION IS TO FIGHT TO END THE CRIMINALIZATION OF POVERTY IN TEXAS. WE ENVISION A SYSTEM OF JUSTICE THAT UPHOLDS THE DIGNITY AND CIVIL RIGHTS OF ALL PEOPLE, REGARDLESS OF INCOME, RACE, OR GENDER.

TEXAS FAIR DEFENSE PROJECT IS A TEAM OF DEDICATED ATTORNEYS AND ADVOCATES FIGHTING TO END THE CRIMINALIZATION OF POVERTY IN TEXAS. WE USE DIRECT LEGAL SERVICES, POLICY ADVOCACY, STRATEGIC LITIGATION AND COMMUNITY LAWYERING TO UPLIFT THE CLIENTS AND COMMUNITIES WE FIGHT ALONGSIDE AND AT THE SAME TIME HOLD LEGAL SYSTEMS AND ACTORS ACCOUNTABLE. OUR CLIENT POPULATION IS DISPROPORTIONATELY TARGETED BY THE CRIMINAL LEGAL SYSTEM SIMPLY BECAUSE THEY CANNOT AFFORD ACCESS TO JUSTICE. THEY CANNOT AFFORD TO HIRE AN ATTORNEY IN THEIR CRIMINAL CASE, CANNOT PURCHASE THEIR FREEDOM THROUGH CASH BAIL, HAVE HAD THEIR DRIVERS LICENSES REVOKED BECAUSE THEY COULD NOT PAY TICKET AND RELATED DEBT, OR ARE HELD IN JAIL FOR FAILING TO PAY COURT DEBT THEY CANNOT AFFORD. THEY ARE DISPROPORTIONATELY PEOPLE OF COLOR, AND ARE CAUGHT IN A CYCLE OF POVERTY, DEBT AND CRIMINAL JUSTICE INVOLVEMENT BECAUSE THEY LACK THE FINANCIAL RESOURCES TO BREAK THAT CYCLE. TEXAS FAIR DEFENSE PROJECT PROVIDES DIRECT LEGAL SERVICES TO HELP CLIENTS WHO ARE TRAPPED IN THE CRIMINAL LEGAL SYSTEM FIND AN EXIT RAMP OUT OF SYSTEM INVOLVEMENT AND ON WITH THEIR LIVES. IN 2021, WE GREW OUR PRO BONO PROGRAM TO RECRUIT AND TRAIN VOLUNTEER ATTORNEYS TO REPRESENT CLIENTS, WHICH ALLOWS US TO SIGNIFICANTLY EXPAND OUR REACH. THE SERVICES WE OFFER ARE OTHERWISE UNAVAILABLE TO PEOPLE WHO CANNOT AFFORD TO HIRE AN ATTORNEY: THEY ARE IN THE CORNERS OF THE CRIMINAL LAW WHERE THE GOVERNMENT WILL NOT PROVIDE AN ATTORNEY TO THOSE WHO CANNOT AFFORD ONE, BUT A PERSON IS UNLIKELY TO BE ABLE TO NAVIGATE A WAY OUT OF THE SYSTEM WITHOUT AN ATTORNEY OR FINANCIAL RESOURCES. THROUGH OUR DRIVERS LICENSE RECOVERY AND CRIMINAL DEBT PROGRAM, WE HELP PEOPLE RESOLVE THEIR COURT DEBT AND THE ATTENDANT CONSEQUENCES, SUCH AS DRIVERS LICENSE SUSPENSION, WARRANTS AND THE THREAT OF JAIL TIME. THROUGH OUR CRIMINAL RECORD CLEARING SERVICES, WE HELP PEOPLE WHO HAVE COME INTO CONTACT WITH THE CRIMINAL LEGAL SYSTEM REDUCE BARRIERS TO EMPLOYMENT, HOUSING, EDUCATIONAL OPPORTUNITIES, AND PUBLIC ASSISTANCE. IN 2021, TFDP RECEIVED 347 APPLICATIONS FOR OUR DRIVERS LICENSE RESTORATION AND CLASS C TICKET ASSISTANCE LEGAL SERVICES. TFDP STAFF HELPED APPLICANTS GET 282 WARRANTS LIFTED, 249 CLASS C CASES DISMISSED, AND OVER $100,000 IN CRIMINAL LEGAL DEBT WAIVED OR DISMISSED. IN 2021, 59 INDIVIDUALS WERE ABLE TO FULLY RECOVER THEIR ABILITY TO DRIVE LEGALLY. TFDP STAFF ALSO ASSIGNED OUT AND SUPERVISED DRIVERS LICENSE RESTORATION AND CLASS C TICKET CASES TO PRO BONO ATTORNEYS THROUGH OUR PRO BONO PROGRAM; THROUGH THE PRO BONO PROGRAM, PRO BONO ATTORNEYS WERE ABLE TO GET AN ADDITIONAL 60 CLASS C CASES DISMISSED AND $25,584 IN CRIMINAL LEGAL DEBT WAIVED OR DISMISSED. PRO BONO ATTORNEYS VOLUNTEERED 650 CUMULATIVE HOURS THROUGH OUR PRO BONO PROGRAM IN 2021, WITH ABOUT 550 HOURS THROUGH DIRECT REPRESENTATION AND AN ADDITIONAL 100 HOURS THROUGH DRIVERS LICENSE RESTORATION CLINICS. IN 2021, TFDP RECEIVED 166 APPLICATIONS FOR OUR CRIMINAL RECORD CLEARING SERVICES (EXPUNCTIONS AND NONDISCLOSURES). TFDP STAFF SUCCESSFULLY PETITIONED FOR 42 ORDERS OF EXPUNCTION AND 13 ORDERS OF NONDISCLOSURE IN 2021, INCLUDING GETTING ALL ASSOCIATED FILING FEES ($250-350 PER PETITION) WAIVED. TFDP STAFF BEGAN OFFERING AND SUPERVISING CRIMINAL RECORD CLEARING CASES THROUGH OUR PRO BONO PROGRAM IN 2021, WITH 15 NEW PRO BONO ATTORNEYS TAKING ON 15 CRIMINAL RECORD CLEARING CASES ACROSS THE STATE. TFDP STAFF SUPERVISED THE UT LAW EXPUNCTION PRO BONO CLINICS, AND BEGAN WORKING WITH COMMUNITY PARTNERS TO PLAN CRIMINAL RECORD CLEARING CLINICS FOR SPRING 2022. IN 2021, TFDP STAFF RECEIVED 55 APPLICATIONS TO ASSIST WITH PROBATION-RELATED AND OTHER COURT DEBT, AS WELL AS TO EARLY TERMINATE PROBATION PERIODS. TFDP STAFF HANDLED 52 CASES SPANNING 20 COUNTIES ACROSS TEXAS. TFDP STAFF WERE ABLE TO SUCCESSFULLY ADVOCATE FOR THE EARLY DISCHARGE OF 5 INDIVIDUALS FROM PROBATION IN 2021, AND FOR WAIVER OF $34,588 SINCE LAUNCHING THE EARLY PROBATION TERMINATION ASSISTANCE PROGRAM IN THE FALL OF 2020. TFDP STAFF DRAFTED A PROBATION REPORT IN PREPARATION FOR THE NEXT LEGISLATIVE SESSION, AS WELL AS AN ABILITY TO PAY GUIDANCE TO PRESENT TO JUDGES STATEWIDE ON THE FINES AND FEES STATUTORY SCHEME IN TEXAS AND THE MANDATORY ABILITY TO PAY DETERMINATION REQUIREMENT THAT WAS IMPLEMENTED WITH THE PASSAGE OF SB 1373. IN 2021, TFDP STAFF RECEIVED 96 APPLICATIONS FOR ASSISTANCE WITH ACCESS TO COUNSEL ISSUES. TFDP STAFF PROVIDED BRIEF SERVICES TO 64 INDIVIDUALS REQUESTING HELP EITHER GETTING AN ATTORNEY ASSIGNED TO REPRESENT THEM OR COMMUNICATING WITH THEIR COURT-APPOINTED ATTORNEYS. OUT OF THOSE 64 INDIVIDUALS, WE WERE ABLE TO HELP 11 GET ATTORNEYS APPOINTED TO THEM. OUR 2021 STRATEGIC LITIGATION TOUCHED ON A NUMBER OF DIFFERENT ISSUE AREAS, INCLUDING PRETRIAL JUSTICE AND THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL. IN THE WAKE OF THE GOVERNORS 2020 EMERGENCY ORDER CURBING JUDGES ABILITY TO RELEASE PEOPLE ON PERSONAL BONDS DURING THE COVID-19 PANDEMIC, WE SUPPORTED APPEALS OF DENIED HABEAS PETITIONS FOR PEOPLE AFFECTED BY THE ORDER AS AMICI. ELSEWHERE, WE LAID THE GROUNDWORK FOR SUBSEQUENT LITIGATION ON REPLACEMENT OF INEFFECTIVE APPOINTED COUNSEL BY PILOTING A SELF HELP PACKET FOR CLIENTS TO USE AND DRAFTING A MANDAMUS PETITION OUTLINE FOR USE AFTER A DENIAL OF A REQUEST MADE WITH THE PACKET; WE FILED AND SETTLED A CASE ON BEHALF OF A PARTICIPATORY DEFENSE ADVOCATE WHO RECEIVED A CRIMINAL TRESPASS WARNING PURPORTING TO BAN HER FROM A COURTHOUSE AND THUS PRECLUDE HER FROM DOING HER ADVOCACY WORK; AND WE FILED AND SETTLED A LAWSUIT THAT GAVE US ACCESS TO JAIL ROSTER RECORDS IN A BORDER COUNTY. OUR LITIGATION TEAM ALSO CO-AUTHORED A TITLE VI COMPLAINT TO THE DEPARTMENT OF JUSTICE DRAWING ATTENTION TO THE USE OF STATE AND LOCAL AGENCIES USE OF FEDERAL FUNDS IN MIGRANT ARREST AND PROSECUTION OPERATIONS THAT DISCRIMINATED ON THE BASIS OF RACE AND NATIONAL ORIGIN. LASTLY, OUR CLASS ACTION LAWSUIT, DAVES V. DALLAS COUNTY, WITH CIVIL RIGHTS CORPS AND ACLU-TX CONTINUED AGAINST DALLAS COUNTY FOR THEIR UNCONSTITUTIONAL BAIL PRACTICES WITH AN APPEAL PENDING IN THE FIFTH CIRCUIT. THE TEXAS LEGISLATURE CONVENED FOR ITS 87TH REGULAR SESSION IN 2021. WE HELPED TO PASS SB 1373 (ZAFFIRINI/WHITE), WHICH IMPROVED THE FINES AND FEES LANDSCAPE IN TEXAS BY EXPANDING THE DEFINITION OF COURT COSTS ELIGIBLE FOR WAIVER, PERMITTING ADMINISTRATIVE WAIVER OF CLASS C COSTS AND FEES THAT ARE 10 YEARS OR OLDER, AND REQUIRING ABILITY TO PAY HEARINGS TO BE ON THE RECORD. WE ALSO HELPED PASS A BILL THAT WILL END AUTOMATIC LICENSE SUSPENSIONS FOR MISDEMEANOR DRUG OFFENSES. WE ALSO WORKED IN A COALITION TO ADVANCE REFORMS RELATED TO THE EXPANSION AND AUTOMATION OF CRIMINAL RECORD CLEARING IN TEXAS. AND WE CONTINUED OUR INTERIM LOCAL POLICY WORK AFTER THE SESSION, WITH A MAJOR WIN WITH THE CITY OF DALLAS ENDING PARTICIPATION IN THE OMNIBASE PROGRAM, HELPING TENS OF THOUSANDS OF PEOPLE GET THEIR DRIVERS LICENSES BACK.