SEPTEMBER 5, 2008-
CCPSAT FILES FEDERAL LAWSUIT AGAINST
TEXAS SUPREME COURT AND THE PSRB
DONATIONS NEEDED
On Friday, September 5, 2008, after much consideration and every effort to
prevent its necessity, the Certified Civil Process Servers Association of
Texas filed a federal lawsuit against the Texas Supreme Court and the
Process Server Review Board (PSRB).
Certification provided us the statewide authority we all desired for
decades. Though not the best answer, the certification program as defined
by the Supreme Court Miscellaneous Docket Orders creating it appeared to
be an acceptable compromise. The PSRB was given four ADMINISTRATIVE
responsibilities: review and approve or reject applications, notify each
applicant of its decision, post the names of approved servers on the Court’
s website, and assign each server a certification number. That’s it. We
were never told or led to believe that the PSRB would be assuming a
REGULATORY role over our industry.
Nowhere in those orders were any regulatory terms like, complaints,
hearings, discipline, witnesses, testimony, probation, suspension,
verbal/written reprimand, investigation, policy, code of conduct, etc.
According to the Court’s wording, the only way a certified process server
could lose their certification is if they became convicted of a disqualifying
crime or failed to renew. Furthermore, reporting a conviction was a
responsibility placed on the server. We were required to inform the Court
if any of us suffered such a conviction. This simple approach is why
certification was set up to be a FREE program; it required no regulation
and minimal administration. However, The PSRB began immediately
regulating the industry; and the Court ignored every effort made by the
CCPSAT asking the Court to reign in their unlawful actions.
Not only did the PSRB do things for which they had no authority, they even
violated their basic administrative duties. They approved at least two
felons and others with misdemeanor convictions that were automatic
disqualifications to certification. At the same time, they were denying
completely qualified individuals who not only had no such convictions, but
had never even been arrested or charged with a crime. The PSRB has
performed virtually every regulatory function other agencies like the Texas
Department of Licensing and Regulation lawfully perform. Because the
Texas State Legislature did not create this regulation as required by State
law, there was no appeal process for those who were denied certification,
revoked or disciplined. Unlike all other regulated occupations, we are not
protected by the Texas Sunset Act and have no access to the State Office
of Administrative Hearings. The PSRB became the only regulatory agency
in the State that was not created by law. They are literally unlawful.
This continued for twenty-one months. Many process servers were denied
due process. With more and more courts rescinding their local blanket
orders, many process servers were denied the right to work or compete on
the same level with their competition. Some process servers were targeted
for political reasons; and were threatened with doing hard time in a
penitentiary.
The CCPSAT sent many letters and emails to the Court. Not once did the
Court correct or reprimand the Board. All our pleas were completely
ignored. After nearly two years, the Court finally took action; but, instead
of disciplining the Board, they condoned all the Board’s activities by
implementing Texas Rule of Judicial Administration 14. With Rule 14, the
PSRB could now, with the Court’s sanction, receive complaints, hold
hearings, discipline process servers and revoke them for reasons other
than for a disqualifying conviction. Rule 14 proved that the PSRB was
acting without authority before the rule was implemented. No effort was
made to give those disciplined a re-hearing under the new rule. Though
Rule 14 finally provided an appeal process, process servers would go out
of business waiting as much as three to six months for an appeal to run its
course. For servers like us, this is a death sentence. The simple
certification program we expected to be a statewide blanket order had been
turned into industry regulation.
In an effort to forestall litigation, the directors of the CCPSAT repeatedly
sought the intervention of both the Texas Legislature and the Governor’s
office. The answer received from both of them was, “It usually takes a
lawsuit to fix a problem like this.” After several more communications to
the Supreme Court in an effort to give the Court an opportunity to correct
the problem on their own, we received an admission by the Chief Justice
that the Court’s intention all along was to regulate the industry, despite
having no enabling legislation to authorize it. Consequently, the CCPSAT
is following the advice of the Texas Legislature and the Governor’s office.
Please know that filing this lawsuit was a last resort. We felt it necessary
to protect not only the rights of private process servers everywhere, but
the separation of powers and the very concept of free-enterprise itself.
Lawsuits like this can be very expensive. We are asking each and every
member to contribute to this cause. No matter how much you can afford,
please send in your donations. We are confident we will win the lawsuit
and anticipate an award of attorneys’ fees. With that outcome, your
donations will be remitted back to you with our appreciation. The donor
list will be kept confidential.
Please make all donations payable to the following:
Tod Pendergrass, Director, CCPSAT
516 West Annie
Austin, Texas 78704
If you are not a member of the CCPSAT, please join us for FREE at:
www.CCPSAT.org
You have my personal guarantee that your money will be used only for
litigating this lawsuit and, when we win, will be returned to you in full.
Please call me anytime for any reason at 800-205-3007.
Thank you,
Sincerely,
Tod Pendergrass
Director, CCPSAT
Director, Texas Process Watch
READ THE COMPLAINT INCLUDING THE EXHIBITS