Constitutional Challenge by Texas Resident Spurs Swift High Court Reform Saving Litigants Millions in Fees

In the heart of Harris County in Texas, Mark Burke, a fervent advocate for justice and the visionary founder of Laws in Texas, has found himself embroiled in a legal battle that would unwittingly transform the state’s legal landscape.

Mark, armed with a deep-seated commitment to improving access to justice, faced a substantial clerk’s record fee for his appeal. Undeterred by the enormity of the challenge, he leveraged his pro se legal acumen and filed a constitutional challenge, drawing on the rich tapestry of legal precedent and the guiding principles of fairness.

Unbeknownst to Mark, as his appeal wound its way through the state court system, his challenge was being considered by the highest court.

On the very day the Fourteenth Court of Appeals declined Mark’s motion for reconsideration, a seismic shift happened behind the scenes.

In an extraordinary move, the Texas Supreme Court responded swiftly to Mark’s constitutional challenge.

The issuance of Misc. Docket No. 23-9106 marked the Preliminary Approval of Texas Rule of Appellate Procedure 34.5a.

This groundbreaking amendment, championed by Mark’s tenacity, granted appellants the ability to craft their own clerk’s record without shouldering the burden of exorbitant fees, paving the way for significant cost savings for citizens across the state.

Mark Burke, an impassioned advocate for justice and the founder of Laws in Texas, emerges as a symbol of grassroots empowerment.

The behind-the-scenes investigative legal journalist, choosing to remain an unsung hero, is a man without a label who dares to question the status quo. His actions catalyze change that resonates through the corridors of justice.

His story, now intricately woven into the fabric of legal reform, stands as a beacon of hope and inspiration for those committed to equal access to justice.

And so, in the Lone Star State, one man’s steadfast refusal to accept anything less than equal access to justice has not only positioned him as an advocate but as a trailblazer.

His journey leaves an indelible mark on the legal landscape, embodying the very ideals championed by Laws in Texas.

As we celebrate this triumph of constitutional justice, we invite citizens to join us in supporting Laws in Texas (LIT).

Your support, voice, and donations are crucial in sustaining our mission to ensure fairness, transparency, and equal access to justice.

Together, let’s continue striving for a legal system that works for all.

Visit LawsinTexas.com to learn more and contribute to our cause.

Introduction

Appellant Mark Burke (“Mark”) expeditiously submits this Second Motion to Waive Clerks Record Fee, seeking relief from the financial encumbrance imposed by the Harris County District Clerk’s office.

The urgency arises from recent developments at the Texas Supreme Court, coinciding with the denial of appellant’s motion for reconsideration by this court.

In the case of Calhoun v. Pasadena Independent School District (496 S.W.2d 131, 132 Tex. Civ. App. 1973), the court emphasized the significance of constitutional points, asserting,

“Major changes in established law should be made by our Supreme Court.”

This sentiment was further underscored in Meska v. City of Dallas (429 S.W.2d 223 Tex.Civ.App.–Dallas 1968, writ ref’d), which acknowledged the court’s duty to adhere to established law but also recognized a responsibility to announce new law where necessary.

During the reconsideration period, the Texas Supreme Court issued Misc. Docket No. 23-9106 on Monday, Dec. 18, 2023, granting Preliminary Approval of Texas Rule of Appellate Procedure 34.5a.

This crucial amendment directly addressed the constitutional violation raised by the appellant, permitting appellants to expeditiously compile their clerk’s record without incurring a fee.

Notably, this responsive amendment is the direct outcome of the appellant’s challenge to the existing rules governing clerk record fees for appeals from final judgments, with particular emphasis on permissive appeals.

While acknowledging that the new rule becomes effective at the start of the new year, it is imperative to consider that the appellant was the catalyst for this swift correction of the constitutional violation.

It would be unjust to deny him equal access to the court due to this expeditious rectification.

Conclusion

In light of the foregoing, appellant respectfully implores the Court to exercise its discretion in waiving the fees associated with the preparation of the Clerk’s Record.

Consistent with the recent amendment (34.5a) to the Texas Rule of Appellate Procedure, appellant seeks the same expedited process, enabling him to submit his own appendix and docket record in lieu of traditional procedures.

This aligns with the spirit of the revised rule, fostering fair and equal access to justice for all.

As we approach the holiday season, appellant extends his sincere season’s greetings to the Court and all involved parties.

With gratitude for the Court’s consideration, appellant anticipates a just and equitable resolution.

RESPECTFULLY submitted this 21st day of December, 2023.