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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 Erica Anderson,
Grants Administrator; 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 Erica Anderson
for current forms or for help in completing forms.
Q: When are the quarterly reports
due?
A: For 2007-08, quarterly reports are due December 17, 2007,
March 17, 2008, June 16, 2008, and September 15, 2008. With approval,
some grantees are permitted to submit quarterly reports on the
last working day of the month. Please contact Erica
Anderson 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 Erica
Anderson 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 Erica
Anderson. 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 Erica
Anderson, Grants Administrator.
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