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Cy Pres
Cy pres awards are funds in class action cases that, for a variety of reasons, cannot
be distributed to class members or beneficiaries who were the intended recipients.
Under the cy pres doctrine, courts can distribute these residual funds to appropriate
charitable causes.
How Cy Pres Makes a Difference
Throughout the country, cy pres awards (ranging from thousands to millions of dollars)
have been utilized to fund vital civil legal services.
In Texas, a cy pres award was used to fund a major initiative aimed at increasing
legal resources available online at www.TexasLawHelp.org. With the award, the Texas
Access to Justice Foundation partnered with the Travis County Law Library to develop
legal information and self-help forms related to issues facing low-income Texans,
as well as implement a broad-based public education campaign statewide.
In addition to special projects, Cy pres awards can also be used to fund operational
costs for legal aid organizations, allowing them to provide desperately needed basic
civil legal services in their communities.
The legal community has a special responsibility to ensure all Texans have meaningful
access to justice, and cy pres awards can make a substantial contribution toward
that effort.
The Texas Access to Justice Foundation – An Ideal Choice for Cy Pres
Real Impact: Through the work funded by the Texas Access to Justice
Foundation, more than 100,000 low-income Texans have been assisted with their civil
legal needs, including more than 10,000 victims of domestic violence, 8,000 people
with disabilities and 10,000 elderly individuals.
Stewardship: The Texas Access to Justice Foundation grants millions
of dollars each year to approximately 40 nonprofit organizations throughout the
state. The Foundation board of directors makes grant decisions based on administrative
and programmatic aspects of the applicant organizations, ensuring funds are applied
to areas of greatest need without duplicating efforts. Foundation staff monitor
each grantee to ensure compliance with funding restrictions.
Diverse Partnerships: In addition to working closely with legal
aid organizations, the Foundation has forged collaborative relationships with the
Supreme Court of Texas, the Texas Access to Justice Commission, the State Bar of
Texas, the Texas Office of the Attorney General, the Texas Legislature, and other
groups, to further the mission of justice for all.
How Can You Help
If you are involved in a class action case and are unable to distribute all the
funds, consider the Texas Access to Justice Foundation as a cy pres recipient. When
a cy pres award is channeled to the Foundation, you can rest assured the funds will
be used in a manner consistent with the intent of the award. And you can make a
significant difference in the lives of Texans who desperately need free civil legal
assistance for safety, shelter and peace of mind.
For more information about the Texas Access to Justice Foundation and cy pres, contact
Betty Balli Torres, executive director, at 512.320.0099, ext. 105 or
bbtorres@teajf.org.
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