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News Release
Texas Access to Justice Foundation
Dec. 30, 2010
Statement from Richard L. Tate, Texas Access to Justice Foundation, on FDIC Protection of IOLTA Accounts
(Austin, TX)
The following statement was issued today by Richard L. Tate, chair of the
Texas Access to Justice Foundation board of directors:
“On Dec. 29, a new
law (H.R. 6398) was signed by President Barack Obama that requires full FDIC
coverage of Interest on Lawyers’ Trust Accounts (IOLTA). In
Texas, IOLTA provides critically needed funding for
basic civil legal services for poor and low-income Texans. When we learned
earlier this year that changes in the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank Act) inadvertently omitted IOLTA
protection, we joined state and national efforts to urge a legislative
remedy to this oversight.
“The leadership of our Texas Congressional
delegation, namely Rep. Lloyd Doggett and Sen. John Cornyn, was critical to
the success of this legislation that helps protect funding for legal aid.
Rep. Doggett sponsored H.R. 6398 and eloquently described on the
House floor his firsthand experience with the importance of IOLTA funding to
those who receive access to justice through our programs in
Texas. Sen. Cornyn joined several of his colleagues
in the Senate in a bipartisan effort to gain support of this important piece
of legislation.
“Texas
lawyers can now be assured their IOLTA accounts will receive full coverage
of the FDIC and the IOLTA program will continue to help thousands receive
civil legal services in Texas.
Our partners in the access to justice community worked together to
ensure that our growing poverty population would not have to endure yet
another hardship on funding for legal needs.
“While the IOLTA
program in Texas has suffered a 73
percent decline since 2007 due to declining interest rates, this situation
would have been made much worse without these bipartisan efforts of our
Congressional leaders. On behalf of our clients who face domestic abuse,
wrongful foreclosure of their homes, denial of life-sustaining benefits; we
thank everyone who helped support this effort for access to justice for all
Texans.”
Comments from
Rep. Lloyd Doggett:
“I am pleased that the bill, which I authored
at the request of leaders of the State Bar of Texas, is now law. By
continuing full FDIC protection for Interest on Lawyers Trust Accounts, this
legislation will help finance legal services for those who otherwise would
have no access to our justice system.
“Before coming to Congress, I served as a
Justice on the Texas Supreme Court, which sets forth the rules and oversees
the operation of such IOLTA accounts in our state. I saw firsthand the
benefits of these programs in ensuring access to justice for those who
otherwise might be unable to secure justice.
“We recognize the wisdom of Judge Learned
Hand’s writing: ‘If we are to keep our democracy, there must be one
commandment—thou shalt not ration justice.’"
# # #
The Texas Access to
Justice Foundation (www.teajf.org), created by the Supreme Court of
Texas in 1984, is the leading state-based funding source for the provision
of civil legal aid in Texas. The organization is committed to the vision
that all Texans will have equal access to justice, regardless of their
income. The Foundation administers a variety of funding sources, which are
earmarked to assist nonprofit organizations in providing legal aid to
approximately 100,000 Texans each year.
Contact:
Betty Balli Torres,
bbtorres@teajf.org
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