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Q: From where does the Foundation get its money?
A: On behalf of the Supreme Court of Texas, the Foundation administers the Interest
on Lawyers' Trust Accounts (IOLTA) Program, established in 1984 by the Supreme Court
of Texas. The IOLTA program allows attorneys to pool short-term or nominal deposits
made on behalf of clients or third parties into one account. Interest generated
by these accounts is dedicated to helping nonprofit organizations that provide free
civil Legal Aid to low-income Texans. The Foundation also administers the Basic
Civil Legal Services (BCLS) Fund, enacted by the Texas Legislature in 1997. People
who file lawsuits must pay a small additional fee. These fees are designated to
assist nonprofit organizations in providing free civil legal services to low-income
Texans. The Foundation recently became the administrator of the Crime Victims Civil
Legal Services (CVCLS) fund. The monies granted must be used to provide free civil
legal services to low-income victims of crime, immediate family members and claimants.
Q: Who may receive funding?
A: Prospective grantees must be nonprofit, 501(c)(3) organizations that have as
a primary purpose the delivery of civil legal services to low-income Texans. The
Foundation does not grant funds to individuals. Each funding source has several
additional requirements that prospective grantee organizations must meet. For more
information, please see the IOLTA rules (Rules Governing the Operation of TEAJF
), the BCLS Court
Order
and the CVCLS Court Order
.
Q: Who is eligible for services from the funds distributed
to Foundation grantees?
A: Funds from the Foundation help Low-Income Texans. For the distribution of IOLTA
and BCLS funds, the Foundation defines low-income as those who live at or below
125 percent of the federal poverty level. See the IOLTA or BCLS Financial Eligibility Guidelines
. The
CVCLS program assists low-income victims of crime that live at or below 187.5 percent
of poverty level. See the CVCLS Financial Eligibility Guidelines
.
Q: What kind of assistance do Foundation grantees provide?
A: Grantees provide civil Legal Aid to indigent Texans who cannot otherwise afford
an attorney. These individuals may receive legal assistance in consumer matters,
employment, divorce, adoption, access to health care and public benefits, housing,
individual rights, and wills and estates. Through the CVCLS program, certain victims
of crime may receive similar civil legal services in relation to the specific injury
suffered.
Q: How and when does my organization apply for funds?
A: The Texas Access to Justice Foundation accepts applications between February
and April each year. Completed applications must be submitted to TEAJF by the published
deadline. The TEAJF Board of Directors makes funding decisions during the summer.
Grant awards announcements are made shortly thereafter. For first-time applicants,
downloadable grant applications are available in the Grants section of the TEAJF
Website. While the grant application may change slightly from year-to-year, the
application currently available on the site should provide a good representation
of what will be required in the next grant cycle. If you would like to receive notice
of the next available grant application cycle, please send complete business contact
information to Jonathan Vickery, Director of Grants;
this information will be sent to you as soon as it is available. You should receive
confirmation that your request has been received. If you do not, call 800-252-3401
outside of Austin or 512-320-0099 in Austin.
Q: How are grant decisions made?
A: The Foundation's Board of Directors reviews both administrative and programmatic
aspects of applicant organizations. Some funds are distributed to organizations
that provide statewide services, while other funds are distributed to organizations
that provide services to their local communities. The funds are distributed based
on the poverty population, as determined by the U. S. Census Bureau, of the area
where the grantee is located. The Board ensures that funds granted by the Foundation
are not used to duplicate a service already funded by another entity or in a place
where other funds are available for the same purpose.
Q: What are the specific funding source restrictions?
A: Each program has its own particular set of restrictions, some of which are listed
below. For more information on funding restrictions, please see the IOLTA Rules
, BCLS Order
, CVCLS Order
and the General Grant Provisions for each funding source. You may also view the
funding restrictions chart.
IOLTA funds
may not be used to directly fund class action lawsuits; to directly fund lawsuits
against governmental entities, except by individuals to gain benefits authorized
by statute or regulation; to support lobbying for a candidate or issue; and may
not be used in matters that might reasonably be expected to result in a fee from
public funds or from an opposing party unless appropriate attempts have been made
to obtain representation from an attorney in private practice.
BCLS funds
may not be used to directly or indirectly support a class action lawsuit; to directly
or indirectly support a lawsuit against a governmental entity (except by groups
or individuals to gain benefits authorized by statute or regulation), political
party or candidate; to directly or indirectly support lobbying for or against a
candidate or issue; to directly or indirectly support abortion litigation; to directly
or indirectly represent an individual who is confined to jail or prison; to directly
or indirectly provide legal services to an individual who is not legally in this
country unless necessary to protect the physical safety of the individual; and in
matters that might reasonably be expected to result in a fee from public funds or
from an opposing party unless appropriate attempts have been made to obtain representation
from an attorney in private practice.
CVCLS funds may not be used for
class actions; may not be used against a governmental entity, except by groups or
individuals to gain benefits authorized by statute or regulation; may not be used
for lobbying; and may not be used for any case or matter that, if undertaken on
behalf of an indigent person by an attorney in private practice, might reasonably
be expected to result in the payment of a fee for legal services from an award to
the client from public funds or from an opposing party unless applicant has been
unable to obtain counsel because the potential fee is inadequate, likely uncollectable,
would substantially consume recovery, or otherwise prevent applicant from obtaining
counsel.
Q: Where can I get a quarterly report, budget revision
form or carryover request form?
A: Please contact Jonathan Vickery for current
forms or for help in completing forms.
Q: When are the quarterly reports due?
A: For 2009-10, quarterly reports are due Dec. 15, 2009; March 15, 2010; June
15, 2010, and Sept. 15, 2010. With approval, some grantees are permitted to
submit quarterly reports on the last working day of the month. Please contact Jonathan Vickery for the correct forms.
Q: When and how are funds released?
A: The first release for a grant year is made during the first month of the grant
year. Remaining funds are released on a quarterly basis during the first month of
the current quarter. Grant funds are released in pre-set installments throughout
the grant year. IOLTA funds are sent to grantees by check or wire transfer, directly
from the Foundation’s financial institution. To release BCLS and CVCLS funds,
the Foundation must request that the Supreme Court of Texas release funds to a grantee’s
account on file with the Texas Comptroller of Public Accounts. Due to the nature
of the payment process, the receipt of BCLS and CVCLS funds often takes several
days; deposits may not appear immediately. Grant funds are only released if all
quarterly reports, budget revisions and other requested documents have been submitted
to TEAJF and approved by the Director of Grants.
Q: Do I need a budget revision?
A: You must submit a budget revision if the deviation you wish to make is "material."
A material deviation will be deemed to have occurred in the event of the following:
(1) anticipated or actual expenditures of grant funds are deemed materially greater
or less than set forth in the approved budget, whether in total or by individual
line item; (2) anticipated or actual expenditures of grant funds materially alter
the ratio of Program to Administrative costs; (3) anticipated or actual expenditures
of grant funds involve a disposition of property acquired with grant funds; or (4)
anticipated or actual expenditures of grant funds involve a budget line item not
approved by the Foundation. Budget amount increases or decreases will be deemed
material when they meet either of the following:
- The individual deviation is in excess of $1,000 and exceeds the lesser of $10,000
or 10% of the grant for that grant period, or
- The accumulated total of all budget deviations since the beginning of the grant
period exceeds the lesser of 10,000 or 10% of the grant for that grant period.
Please review information regarding budget revisions in Article VI, Budget Revisions
and Program Costs of that funding source's General Grant Provisions. If you anticipate
a material deviation from your approved budget, you may submit the revision at any
time. A narrative explanation is also required with all budget revisions.
If your quarterly report indicates you are "overspent," or shows a material
deviation, the Foundation will provide notice that you must submit a budget revision.
Please contact Jonathan Vickery for the correct
forms.
Q: My organization anticipates that it will not spend
its entire grant award. What do we do?
A: An organization receiving IOLTA or BCLS funds is eligible to carry over funds
to the subsequent grant year, upon approval of the Foundation. Up to 10 percent
of the grant award may be spent as carryover, within six months of the next grant
year. Grantees must complete a Carryover Request Form, detailing the budget for
remaining funds, which must be approved by the Foundation. These expenses are not
added to the subsequent grant year's award, but reported separately as carryover
from the previous grant year. To receive these forms, which are different from the
standard quarterly report, please contact Jonathan Vickery.
Funds exceeding 10 percent must be returned to the Foundation, except in extreme
cases and with approval by the Foundation.
The CVCLS program does not allow carryover of funds. CVCLS funds that remain uncommitted
at termination of the grant period must be returned to the Foundation.
If you have a question that is not addressed here, please email
Jonathan Vickery, Director of Grants.
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