When you receive a letter or other communication from our office that states “THIS IS A CONFIDENTIAL COMMUNICATION BETWEEN ATTORNEY AND CLIENT AND MAY NOT BE COPIED OR RELEASED,” it is strongly recommended that you not share that letter with any third party. If another party needs to know some of the information contained in the letter, it is recommended that you send a letter or email to such third party under your signature providing any information, as to share the communication from our office may be a waiver of your attorney-client privilege. In an adversarial situation, another party might be able to get copies of far more than just that one communication, if it is determined that you have waived your attorney-client privilege.
Should you have any questions about sharing our communications with someone else, please contact us at (936)639-0007.
The information, comments, and links posted on the blog do not constitute legal advice. No attorney-client relationship has been formed by the blog communication(s)
Posted on 07/27 at 10:26 AM
For a limited time, The Texas Comptroller’s Office is offering a limited tax amnesty program which provides for the waiver of penalties and interest on eligible liabilities.
Currently through August 17, 2012, eligible businesses may take advantage of this tax amnesty program in which the Texas Comptroller’s Office may waive penalties and interest for businesses that file delinquent tax reports and pay all taxes due, or amend reports that underreported taxes and pay the taxes due.
If you would like more information regarding this opportunity for your business, please contact us at (936)639-0007.
Posted on 06/29 at 12:18 PM
With election season upon school districts across the state, the law firm thought this would be the ideal time to recap some of the rules of the Texas Ethics Commission and Texas Election Code in regard to the upcoming school trustee elections. Keep in mind that this article discusses some of the “highlights” in a long list of issues and situations that the Texas Election Code controls as it relates to school trustee elections.
The basic rule in Texas related to political advertising is that school districts, school district employees, and school district officials cannot use public funds, directly or indirectly, for political advertising to advocate for or against a given candidate or a given measure that will appear on the ballot. These rules are found in Texas Election Code §251.001(16) and §255.003(a).
Political advertising is defined as any communication supporting or opposing a candidate or a ballot measure that, in return for consideration, is published in a newspaper or other periodical or broadcast by radio or television, or appears in a pamphlet, circular, flyer, billboard, or other sign, bumper sticker, or similar form of written communication, or on a website (Texas Election Code §251.001(16)). The Texas Ethics Commission interprets the prohibition in this statute very broadly. In fact, according to the Texas Ethics Commission, even the conduct of a meeting on public school property involves an indirect use of public funds. As such, it appears that any use of the school’s internal e-mail system, mailboxes, PA system, or other mode of communication could constitute a violation of the statute and of the Ethics Commission rules, because it involves an indirect use of public funds or public property.
Board members and school employees who violate this prohibition could face fines or criminal penalties. In a serious case, violations could also jeopardize the validity of the outcome of an election.
The Texas Education Code provides at §11.169, as follows: “Notwithstanding any other law, the Board of Trustees of an independent school district may not use state or local funds or any other resources of the district to electioneer for or against any candidate, measure, or political party.” There is no case law or other legal authority that has offered a definition for the term “electioneer” or the term “other resources of the district” nor has there been any legal authority in Texas specifically interpreting or applying this particular statute.
This leaves districts with a prohibition against political advertising which is used by the Texas Ethics Commission.
The decisions of the Texas Ethics Commission further emphasize that there is no “deminimus” exception to the amount of advocacy that can be used in the school district.
The prohibition on political advertising applies to any officer or employee of a school district. This means that if a school district employee makes a decision to use district resources in violation of the prohibition against advertising, that employee could individually be fined by the Texas Ethics Commission or could face criminal charges.
It is not permissible for the school to authorize the use of the paid time of any school district employee to create or distribute political advertising.
Further, the Texas Ethics Commission rules provide that no matter how much factual information is included in advertising about an election, any amount of advocacy for or against a candidate or for or against a given measure is impermissible by law. A violation of this prohibition is a class “A” misdemeanor criminal offense. The Texas Ethics Commission also has the authority to impose fines for violations of this rule.
The Texas Election Code also prohibits a school district Board member or employee from using or authorizing the use of an internal mail system to distribute political advertising. An internal mail system is defined as a system operated by a school district to deliver written documents to its Board members or employees. A violation of this prohibition can lead to adverse employment actions, the imposition of fines by the Texas Ethics Commission, or to criminal prosecution as indicated above. In other words, if the e-mail address belongs to the school, it should not be used to transmit or receive political advertising.
For more information regarding the rules as it relates to political advertising for school districts, you can find additional information in the Texas Ethics Commission’s Short Guide to the Prohibition Against School District Resources for Political Advertising in Connection with an Election.
The information, comments, and links posted on the blog do not constitute legal advice. No attorney-client relationship has been formed by the blog communication(s).
Posted on 05/07 at 11:30 AM
Haglund Law Firm is pleased to announce and congratulate staff member Tara Thompson on obtaining her Bachelor of Arts Degree from Stephen F. Austin State University on December 17, 2011. Tara majored in Criminal Justice with an emphasis on Paralegal Studies with a minor in Psychology.
Tara has worked for the Haglund Law Firm, P.C. since 2007 as a Legal Assistant. Tara has been an asset to the firm and the Haglund Law Firm team is proud to congratulate her on her achievement.
Posted on 01/13 at 10:27 AM
The Haglund Law Firm, P.C. is pleased to announce and congratulate Haglund Law Firm Paralegal, Amy Spencer White, CP, on successfully completing and passing the National Association of Legal Assistant Certified Paralegal examination. Amy is among 3,084 certified paralegals in the State of Texas and 16,565 certified paralegals nationwide that have attained this goal. Amy has been a member of the Haglund Law Firm team for four years as a Legal Assistant. The firm is proud to congratulate Amy on her paralegal certification.
Posted on 12/19 at 10:55 AM
Haglund Law Firm, P.C., is pleased to announce and congratulate staff member Jose Gonzalez on taking the Attorney’s Oath and his passing the Texas State Bar exam. Jose was admitted into the State Bar of Texas on November 9th, 2011 and took the Attorney’s Oath administered by the Honorable Judge Paul White in Lufkin on November 28th, 2011.
Jose is a May, 2011 graduate of Thurgood Marshall School of Law at Texas Southern University with honors. During his law school career he had many honorary academic achievements and accomplishments, including:
Before attending law school, Jose joined the staff at the Haglund Law Firm in 2006 where he served as a legal assistant to Mr. Haglund. After almost two years of exposure to the practice of law Jose decided to pursue his law degree. The Haglund Law Firm team is pleased to congratulate Jose on his achievement in passing the bar exam and his new position within the firm as a Staff Attorney.
Posted on 12/09 at 01:15 PM
The staff of Haglund Law Firm is pleased to congratulate our former co-worker and Haglund Law firm Staff Attorney April C. Earley on her recent appointment as Municipal Court Judge for the City of Lufkin.
For more than three years, April has been a member of the Haglund Law Firm team practicing as a trial attorney in the areas of criminal, family, immigration and general civic law. April is a very bright and competent lawyer who has been an asset to the Haglund Law Firm. Our loss is the City's gain and she will do an excellent job on the bench.
The Haglund Law Firm will miss April and we wish her well in her new role as Municipal Court Judge for the City of Lufkin.
Posted on 11/30 at 12:47 PM
Haglund Law Firm has been named Angelina Beautiful/Clean February Beautification Winner. Haglund Law Firm is recognized for achievement in helping to beautify Angelina County by landscaping, building improvement, architectural design, new construction or other means which enhances the beauty of our part of Texas.
Kerry Little, AB/C Board Member presents Wayne Haglund the February Beautification Award. Also pictured employees of Haglund Law Firm P.C., Angelina Beautiful/Clean Board Members, and Keep Lufkin Beautiful Representatives.
Posted on 02/15 at 12:10 PM