This is a retyped copy of the recommendation letter as it was NOT posted on the Supreme
Court's website.
Letter from the PSRB to the Supreme Court through its Rules Attorney:
(From:)
The Supreme Court of Texas
Process Server Review Board
P.O. Box 12248
Austin, Texas 78711
November 1, 2005
(To:)
Mr. Jody Hughes, Rules Attorney
The Supreme Court of Texas
P.O. Box 12248
Austin, Texas 78711
Dear Mr. Hughes:
As you know, the Process Server Review Board, (PSRB) met on Friday October 28th,
2005. Posted on the agenda as item number ten, (10) was consideration of
establishing a minimum standard of continuing education (CE) hours as a required
standard for CPPS certified by the PSRB.
After discussion, debate and public testimony, it was the unanimous vote of the
PSRB to recommend to The Supreme Court of Texas that a CPPS certified by the
PSRB be required to complete a minimum of seven (7) hours of continuing education
per calendar year on subjects approved by the board that pertain to the process
server profession.
It is the recommendation of the PSRB that the Court adopts and approves this
minimum standard for CPPS certified by the PSRB. Please let me know if you have
any questions or comments.
Sincerely,
Carl M. Weeks
Chairman, Process Server Review Board
cc: Process Server Review Board Members
(end letter)
ANALYSIS:
(Note: this analysis was created in 2006. As of 2009, Carl Weeks is still
considered a TPSA leader because, as immediate past president, he
continues to hold a voting position on the TPSA board of directors. Mr.
Justiss Rasberry remains an TPSA director.)
Carl Weeks is the president of the Texas Process Servers Association
(TPSA) which sells training courses. His attempt to increase the training
requirement would result in a direct financial benefit to that trade
association. This is one reason members of legitimate regulatory agencies
are prohibited from also serving as an officer/director of a trade association
or training company.
1. In the first paragraph he refers to CPPS being certified by the Board.
The PSRB does not certify process servers, the Supreme Court does.
The PSRB only approves or denies applications. "Tomato-Tomatoe" you
say? This is indicative of how this Board views its roll; as a regulatory
body.
2. Note the unanimous vote for this recommendation.
3. Again, in the second paragraph, he refers to those "certified by the
PSRB". His comment of "subjects approved by the board" further supports
his idea of the Board's roll. The PSRB does not "approve" anything; the
Supreme Court does.
4. Public testimony included the TPSA's own Central Director who tried to
save the day by advising the PSRB that training every year is too much
and that every two years would be more than enough.
TPW says, "TRAINING IS NOT NECESSARY MORE OFTEN THAN
EVERY THREE YEARS. LEAVE THE PROGRAM ALONE."
More proof of how this Board wants a license can be found in their own
"Rules of Professional Conduct" (RPC) a/k/a (CPC). Number 11 refers to
our certification as a "license" in two places. This is what's called a
"Freudian slip" folks.