THE SOLUTION:
The solution is very simple. Remove the need for a written order from the
court.
This would conform the entire state for every type of process being served
today. Removing the necessity to obtain a written order from the court would
make the service of citations and other writs virtually the same as the current
requirements for the service of all Texas subpoenas for hearing, trial, oral
deposition, written deposition, records, and criminal and grand jury witnesses.
It would conform to the current standard for the service of all federal court
summons and subpoenas. It would conform to the current requirements for
service of all citations and writs forwarded to private process servers outside
Texas (no Rule 103/536 order, no blanket order, and no certification required.)
And, it would conform to the current requirements for the service of nearly
every other state's process being served inside Texas.
Removing the need for a written order from the court is exactly what judges in
some counties have already done by way of a local administrative rule, i.e.
Grayson County Courts at Law. Private process servers can serve all citations
and other writs issuing from those courts without a Rule 103 order, without a
blanket order and without being certified; without delay. Blanket orders
allowing entire companies to serve process are routinely issued by judges in
other counties as long as the employee/agent is not less than eighteen, not a
party and disinterested in the case. Though these are the exceptions to the
rule and are becoming scarcer each day, they represent the disparity that still
exists.
Furthermore, in contradiction to Chief Jefferson's letter, the Texas Legislature
has already spoken on this issue. Nearly ten years ago, the Texas Attorney
General caused the filing of SB 368 which effectuated this very solution. It
removed the need for a written order from the court for some of the most
difficult to serve process; dead-beat-dad process. For ten years, this
arrangement has worked flawlessly for the service of hundreds of thousands of
dead-beat dad citations and other writs. Noteworthy is the fact that not one
person opposed this bill; not the constables, not the special interest group, not
attorneys, judges, process servers or the public.
There is absolutely no difference between a citation suing a dead-beat dad for
back child support and a citation suing for personal injury, breach of contract,
damages, etc. There is no difference between a restraining order writ served
on a violent spouse and one being served on a corrupt business partner
threatening to take property from an office. Not only is licensing and regulation
diametrically opposed to current existing standards, it is opposed to the trend
both in Texas and the nation. It is long past time this one small remaining
segment of process be conformed with the rest. This simple solution makes
even the Notary Public Provision look like overkill.
The TPSA's legislative agenda was recently unveiled. This agenda is
essentially the same as last session, but several bills will be filed. Two in
particular will again attempt to cement the certification program and the PSRB
in the Texas Government Code. Just like the PSRB's recommendations and
just like Rule 14, they again have the cart before the horse.
SUMMARY:
All the improprieties involving the PSRB revolve around the core issue of the
Court legislating from the bench. Regardless of whether or not PSRB actions
are determined to be unauthorized or unlawful, they are byproducts of a root
problem; regulation created by the judicial branch. As such, attempts to
modify PSRB behavior would be tantamount to applying a band-aid on a wound
that will continue to bleed. The very concept of certification involves
regulation and regulation is clearly a job for the Legislature. Until this core
issue is addressed, improprieties and the appearance of improprieties will
continue to exist.
Please view the attached pie chart for a visual aid of the current situation. Our
solution would turn the remaining sliver of the pie blue. The special interest
group would like to see the whole pie yellow.
COMPARISON GRAPH
PIE CHART