Supreme Court Advisory Committee meeting report:
On April 14, 2006, the SCAC met to discuss the Process Server Review Board's
recommendations. Click here to view the recommendations. In addition to the
recommendations, Judge Tony Lindsay asked the Committee for an amendment to the
Rules of Professional Conduct (RPC) for wording affecting how private process servers
file their officer's returns. (This issue was not given a public comment period but will be
addressed at a later time.)
After much consideration and testimony from Carl Reynolds from the Office of Court
Administration, PSRB Chariman Carl Weeks, and two private process servers, Tod E.
Pendergrass and Dana McMichael, the Committee decided to forward NONE of the
PSRB's recommendations to the Supreme Court. There is the possibility that they may
revisit the recommendations at a future meeting. However, it was apparent that the
Committee views our certification program, as one Committee member put it, as nothing
more than "a blanket order on steroids". After hearing testimony of how the PSRB has
acted in a rogue manner, another member suggested that the wording giving the PSRB
"good cause authority" be removed. Another member, a Harris County Judge, was
troubled by the fact that the Houston Young Lawyer's Association's course (Judge
Lindsay's course) has not been offered since the certification program was initiated.
(Remember, the HYLA course was initially the only course that could certify a server to
serve process issued from the Harris County Courts and nothing in the Supreme Court's
order precludes the HYLA from never offering their course again. This has placed a
stranglehold on process servers and could have been disastrous at renewal time.)
As a direct result of your letters and the testimony presented, the Committee made its
decisions and decided to vote on one issue that was not even on the agenda.
BY A LANDSLIDE VOTE OF 27 TO 1, THE COMMITTEE RECOMMENDED THAT THE
SUPREME COURT REMOVE THE SPECIAL DESIGNATION GIVEN TO HARRIS
COUNTY PROCESS.
This is truly a victory for the private process service industry (and our clients, the
attorneys of Texas)! If adopted, all those who took a TPSA course will have an "H"
added to their numbers! Process servers and attorneys in Houston should be especially
glad as this change will make it easier to find a server in other parts of the state to serve
their process. Let's just hope the Supreme Court will adopt this recommendation. Now
is the time to send additional letters to the Supreme Court urging them to do so.
Click here to view some Sample Letters.
It was a great turnout as most of the Committee members attended this meeting. We
should all be thankful that so many members took the time on Good Friday to attend and
consider our industry's issues. They are to be commended.
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