From: Process Server Review Board
The PSRB proposes the following Policy on Conduct Affecting Certification to Serve
Process.
POLICY ON CONDUCT AFFECTING
CERTIFICATION TO SERVE PROCESS ("Policy")
CRIMINAL HISTORY IN GENERAL
The Board may refuse to recommend process server certification to the Supreme Court
of a person who has been convicted of (1) any felony or (2) any disqualifying
misdemeanor as described herein.
In determining whether a criminal history should cause the rejection of an application the
Board may consider the following factors among others:
1. the nature and seriousness of the crime;
2. the extent to which the approval might offer an opportunity to engage in further
criminal activity of the same type as that in which the person previously had been
involved;
3. the relationship of the crime to the ability, capacity, or fitness required to perform the
duties and discharge the responsibilities of a Certified Process Server;
4. the extent and nature of the person's past criminal activity;
5. the age of the person when the crime was committed;
6. the amount of time that has elapsed since the person's last criminal activity;
7. the conduct and work activity of the person before and after the criminal activity;
8. evidence of the person's rehabilitation or rehabilitative effort while incarcerated or
after release; and
9. other evidence of the person's fitness, including letter of recommendation.
In addition to fulfilling the requirements above, if the applicant has a criminal history
reflecting a conviction for a felony or a misdemeanor other than traffic tickets the
applicant shall furnish proof to the Board that the applicant has:
1. maintained a record of steady employment for the past five years;
2. supported the applicant's dependents; and
3. paid all outstanding court costs, supervision fees, fines, and restitution ordered in
any criminal case in which the applicant has been convicted.
MISDEMEANORS THAT MAY DISQUALIFY AN APPLICANT
The following shall be considered to be misdemeanors relating to the duties and
responsibilities of a process server;
Misdemeanors as defined by the Texas Penal Code, which reflect dishonesty, fraud,
deceit, misrepresentation, violence, or untrustworthiness, or any misdemeanor that
indicates a clear and rational likelihood that the applicant will not properly discharge the
responsibilities of a Certified Process Server
Multiple criminal convictions will always be reviewed. Multiple convictions may reflect a
patter of behavior that renders the applicant unfit for the certification from the Supreme
Court of Texas
VIOLATIONS OF THE CODE OF PROFESSIONAL CONDUCT
Behavior that would be in violation of the Code of Professional Conduct, if brought
before the Board before an application is approved, may be considered in determining
the applicant's fitness to be a process server.
A certified process server is subject to disciplinary action by the Board for any violation
of the Code of Professional Conduct. Disciplinary action may include a warning; a
warning coupled with probation; a suspension for a specified time, or a permanent
disqualification to be certified as a process server.
DISQUALIFICATION FOR FALSE APPLICATION
Applicants will be automatically disqualified should they present false information on an
application form, including intentionally omitting information regarding previous criminal
behavior.
ANALYSIS:
This policy dramatically changes the method for revocation of a server's certification. It
creates a unique definition for the term "good cause" which supersedes the accepted
term as found in legal dictionaries as "a legally sufficient reason for a ruling or other
legal action". It also goes above and beyond what the Supreme Court intended when it
created the certification program. Remember, the certification program was designed to
be a "statewide blanket order". This policy and most of the other recommendations are
laws that should only be written by the Legislature. If this policy were to be adopted, the
PSRB would be given an immense amount of power over the industry. The PSRB has
already taken it upon themselves to discipline and revoke process servers based on
unfounded complaints, effectively putting servers out of business.