May 9, 2007-
CONVICTED CRIMINALS GRANTED
CERTIFICATION DESPITE INDUSTRY OPPOSITION.
When initially created, the certification program precluded anyone convicted
of a felony or misdemeanor involving moral turpitude from being certified to
serve process by the Texas Supreme Court. The application to become
certified required a statement under oath that the applicant had no such
convictions. An extensive and comprehensive criminal background search by
finger prints was required from the Texas Department of Public Safety. This
provided some peace of mind to those concerned about exactly who would be
representing the courts and knocking on the doors of Texas citizens. Texas
Process Watch and The Certified Civil Process Servers Association of Texas
have worked to protect this system.
Despite this arrangement, as far back as 2005, the Process Server Review
Board (PSRB) took it upon themselves to certify several people with such
convictions; and the Texas Supreme Court did nothing to stop them. Then, on
March 5, 2007, the Court made this practice official by changing the application
requiring the statement of NO SUCH CONVICTIONS to a statement requiring
DISCLOSURE OF ANY SUCH CONVICTIONS. This change took effect April 2,
2007. Now, certain persons with felony and other moral turpitude convictions
can clearly apply to become certified.
Preventing the certification of criminals was one of the major selling points
when process server certification was initially proposed. Legislators in
particular expressed concerns about the credentials of persons who would be
entering private property of the citizens of Texas.
Before the Court enacted this rule, they asked for public comments.
Approximately 35 comments were received. Thirty-two were opposed to the
rule change. Three supported it. The three were PSRB members. The Court
ignored the wishes of the citizens of Texas and implemented this rule thereby
officially allowing convicted criminals to become certified.
Through Senate Bill 1305, the Texas Legislature is now being asked to
appropriate funds to support the certification program, the PSRB and the
Supreme Court's Office of Court Administration. Should the Texas Legislature
fund a non-legislatively created regulatory program that is now doing what it
was, in part, created to prevent?
Click here to see the new rule.
Story by:
Tod E. Pendergrass
Director, The Certified Civil Process Servers Association of Texas