1 Keeping oureyes on the road ahead 2012 Annual Report for the Texas District and County Attorneys Foundation
2 From the Foundation s leadership Bert Graham TDCAF Board Chairman Rob Kepple TDCAF Executive Director Jennifer Vitera TDCAF Development Director We are honored to provide you with the Texas District and County Attorneys Foundation s (TDCAF) 2012 Annual Report, along with our thanks and sincere appreciation for your support. Last year was very busy and exciting for the Foundation. Thank you to Dan Boulware for his outstanding leadership during his two-year term as Board Chairman. We have had an enormous amount of success under Dan s leadership, including $225,000 in pledges (with $80,000 paid on pledges) through the generous donations of our Founding Fellows of the Texas Prosecutors Society. That money will support our endowment. Thank you to all of our donors for a successful six years since the Foundation s inception in 2006; we have raised a more than $2,058,000 in contributions! And with your help and the generosity of our fellow Texans, the Foundation has accomplished the following in 2012: raised more than $145,000; in cooperation with the Texas Department of Transportation (TxDOT) and Anheuser-Busch Companies, Inc., funded our third DWI Summit; funded a three-day seminar in San Antonio targeting the unique role of prosecutors office personnel in combating domestic violence; procured funds from IBC Bank to pay for John Kwasnoski, a renowned crash reconstruction expert, to speak at our Advanced Trial Advocacy Course and to distribute copies of his Little Red Book to all attendees; underwrote the cost of handing out four books to all attendees of our Prosecutor Trial Skills Courses; and defrayed expenses for the Train the Trainer Seminar along with the Advanced Trial Advocacy Course, thus freeing up grant funds to increase reimbursement for hotel expenses for those who attend our other seminars. As you know, The mission of the Texas District and County Attorneys Association is to promote the improvement of prosecution and government representation in the State of Texas by providing educational and technical assistance to prosecutors, their staffs, and law enforcement, and by serving as a legislative resource in criminal law and government representation matters. The Foundation provides enduring support for TDCAA by seeking resources and other assistance from all sources, including the community at large. The Foundation is led by the Board of Trustees composed of the TDCAA leadership and other public members elected by the TDCAA Board of Directors. The Foundation is also guided by its volunteer Advisory Committee. Again, thank you to TDCAA members, TDCAA s Board of Directors, and TDCAF s Board of Trustees and Advisory Committee for their continued support. Please check out our website at for updates and partnership opportunities.
3 What is TDCAF? The Texas District and County Attorneys Foundation (TDCAF) was created in 2006 as a 501(c)(3) charitable organization. Its sole purpose is to financially support the educational mission of the Texas District and County Attorneys Association (TDCAA). TDCAA is the professional association for Texas prosecutors. Our 5,819 members include prosecutors, investigators, support staff, defense attorneys, judges, and law students. A key to achieving justice for crime victims and society at large is a welltrained cadre of professional prosecutors and support staff. Without effective advocates, our children, crime victims, and the general public will not get the justice they deserve. Lawyers and peace officers, like many professionals, require continuing education hours every year to keep their licenses, and we provide that training at more than 40 annual conferences. Some of them are geared toward prosecutors right out of law school, while others target elected district and county attorneys. Two seminars per year are on specialty topics, OK, then what is TDCAA? Why we formed the Foundation As TDCAA membership has grown, grant funding has not kept pace. In fact, grant funds have been cut by $146,250 since FY Plus, prosecutors offices contend with 20 percent attrition annually, which requires a continued effort to train new attorneys and staff. The Foundation, created to address this financial gap, provides 6 percent of TDCAA s funding, but we need more help to maintain the number and quality of our services. such as crimes against children and capital murder, while others cater to investigators, support staff, and those who want to delve deeper into trial and appellate advocacy. In 2012, we also trained about 1,960 peace officers and prosecutors on driving while intoxicated (DWI) and other intoxication offenses. A great portion of these seminars are funded by government grants. There is also a private side to our business. We sell more than 20 books on various areas of criminal law and publish the first copies of the Penal Code and Code of Criminal Procedure after the biennial legislature updates the statutes. These manuals are invaluable to our members, who use them to learn about legal changes, new appellate court decisions, and courtroom strategies from their peers all over the state. Sources of TDCAA Funding 46% Grant 39% Trust 9% 6% TexDOT TDCAF
4 What the Foundation does We support TDCAA by funding staff and training in these areas: Domestic Violence Domestic violences cases are among the hardest to prosecute because the crime occurs between family members, and the victims often recant their stories once the trauma of the assault has passed. Despite a victim s reluctance (or refusal) to testify, prosecutors have a vested interest in trying these cases to protect the victims, especially children, who are scared of their perpetrators. In April 2012 TDCAA hosted a threeday course targeting the unique role of prosecutors office personnel in combating domestic violence so they can more compassionately and effectively provide assistance and information to domestic violence victims. The Foundation, along with generous sponsors, also underwrote the cost of writing, publishing, and distributing the Family Violence Resource Notebook, which was sent to every victim assistance coordinator in Texas. Prosecutor Trial Skills Courses This course, which we affectionately call Baby School because it is designed for brand-new prosecutors, is produced twice a year. It is an intensive, faculty-driven course that requires new prosecutors to work at developing basic courtroom skills in a week of drills and guided discussions. Hand-picked, expert faculty teach these new prosecutors everything from the nuts and bolts of jury selection and technology in the courtroom to how to effectively prosecute domestic violence cases, just to name a few. Also, each attendee is given four books free of charge! underwritten by the Foundation. Advanced Prosecutor Training To fight for victims of crime, prosecutors must be prepared to be at their best in the courtroom. To this end, and through a gift from the Harris County District Attorney s Office, the Foundation can sustain two critical TDCAA courses. Train the Trainer. Since 2008, the Texas District and County Attorneys Foundation has fully funded the food, lodging, and training for attendees so that people can attend at no cost to their offices. Highly qualified faculty teach prosecutors, investigators, and staff the principles of adult learning techniques so they can give more effective oral presentations, whether to a room of their peers or to a jury panel. Attendance at this course is by invite only and is limited to 30 participants so that each attendee can receive personalized attention and help. Because TDCAA has a number of courses that require experienced faculty, we are always on the lookout for prospective speakers with the expertise and talent to teach others. Train the Trainer has become an excellent farm system for such instructors. Advanced Advocacy Courses. The second Foundation-funded TDCAA training is the Advanced Advocacy Course, in which seasoned prosecutors further their skills in an intensive, week-long session at Baylor School of Law in Waco. It is designed for the prosecutor with at least three to five years of trial experience. Through presentations, demonstrations, and directed workshops in real courtrooms, experienced faculty guide participants through detailed felony case scenarios addressing many challenges that arise in their work as experienced prosecutors. In 2012, the Foundation secured funding from IBC Bank to pay for John Kwas-
5 noski (on the right in the photo, below, with W. Clay Abbott, TDCAA s DWI Resource Prosecutor, at left), a well-known crash reconstruction expert, to speak at the seminar. The money also paid for copies of his Little Red Book to be distributed to attendees. TDCAA offers both trial advocacy and appellate advocacy so that all prosecutors can enrich their skills. These Advanced Advocacy Courses are limited to 40 hand-selected students and fully funded by the Foundation so there is no cost to individuals or their offices. Both courses are manpower- and resource- intensive, and support from the Foundation is critical. W. Clay Abbott & John Kwasnoski Victim Services The Foundation underwrites our Victim Services Director position, to improve legislatively mandated but largely unfunded crime victim services in prosecutor s offices. The Victim Services Director is responsible for technical assistance to prosecutors and staff on issues ranging from urgent questions and John Stride pending cases to grant opportunities, training, caselaw, and program implementation. Appellate Assistance Appellate prosecutors handle all sorts of appeals, from misdemeanors to death penalty cases. These prosecutors go before the appellate courts to argue issues that require a great breadth of knowledge, both legal and institutional. Your gift to the Foundation supports our senior appellate attorney, John Stride (pictured at bottom) whose contributions over the past year have been invaluable. In 2012, John answered numerous criminal trial and appellate questions; contributed several articles to our criminal law journal, The Texas Prosecutor; co-wrote the case summaries, a weekly caselaw update ed to about 2,000 subscribers; organized a sub-committee preparing updates for first two volumes of the Texas Criminal Pattern Jury Charges; co-wrote and graded the 2012 Criminal Appellate Law exam for the Texas Board of Legal Specialization; spoke about findings of fact and conclusions of law to state trial and appellate judges at the Texas Center for the Judiciary; assisted with four one-day regional updates in Plainview, San, Angelo, Bryan/College Station, and Tyler; attended a multi-day meeting of four state prosecuting training organizations discussing current issues facing prosecutors hosted in Little Rock, Arkansas; and attended Emerging Issues committee meetings and performed research for Setting the Record Straight on Prosecutorial Misconduct, TDCAA s report on claims of widespread prosecutorial misconduct. In short, the Foundation supports TDCAA s mission to assist Texas prosecutors and their allied professionals achieve their goal of a safe Texas.
6 Founding Fellows program In 2011, under the direction of Board Chairman, Dan Boulware, and Endowment Chair, Tom Krampitz, the Foundation kicked off its campaign to establish a select group of supporters we call the Texas Prosecutors Society. To inaugurate this new society, we hand-selected 106 prosecutors and alumni from across the state to be its Founding Fellows. (The number 106 signifies the number of years TDCAA has been in existence.) This invitation is for those current or former prosecutors who are in good standing with the Association and who have exemplified the highest standards of professionalism. Every year, TDCAF invites 50 new members to the Texas Prosecutors Society; they are selected by a nominations committee from the TDCAF and TDCAA Boards. These members of the Texas Prosecutors Society have pledged $250 per year for 10 years (or $2,500 upfront) to create an endowment fund for the Foundation a forward-thinking strategy for building stability and growth for both the Foundation and the Association. The endowment s purpose is to collect and invest funds for the future to provide critical support to the Association. County budgets, like all government offices, are tight, and the Foundation wants to assist our members in any way we can to get them the training they deserve. The members we serve are our greatest assets. As a not-forprofit organization, TDCAF depends on charitable contributions such as those received through the Fellows program so we can continue providing training for our prosecutors and their staffs and making Texas a safer place safer for all Texans. The new inductees of the Texas Prosecutors Society will be recognized at TDCAA s Annual Criminal & Civil Law Update every September and with a special cocktail reception at our Elected Prosecutor Conference in December. We d like to honor our Founding Fellows by recognizing them here: Founding Fellows (as of January 31, 2013) Richard B. Alpert Bernard W. Ammerman Gordon V. Armstrong Eduardo Arredondo Patrick C. Batchelor Diane Beckham Robert Newton Bland, IV Dan M. Boulware Kathleen A. Braddock John M. Bradley Richard W. Brainerd Thomas L. Bridges C. Scott Brumley Katherine A. Cabaniss Stephen H. Capelle The Honorable James L. Chapman Tim Cole J. Michael Criswell Norma Davenport A. W. Davis, Jr. Yolanda De Leon Gianna M. DeBottis Metts John P. Dodson Scott A. Durfee Laurie K. English
7 Founding Fellows program David Escamilla Jaime E. Esparza Knox Fitzpatrick Gerald A. Fohn Michael E. Fouts Jack C. Frels Robert Wayne Gage Henry L. Garza The Honorable Larry Gist Jesse Gonzales, Jr. The Honorable Gerald Goodwin H.E. Bert Graham Michael J. Guarino, Jr. Rene A. Guerra Tom Hanna Russell Hardin, Jr. The Honorable Ira Royal Hart Dan Wesley Heard John Staley Heatly Fred S. Hernandez Michael J. Hinton John B. Holmes, Jr. William Lee Hon John Thomas Hubert Bruce Isaacks Micheal E. Jimerson Ed C. Jones The Honorable James H. Keeshan Rob Kepple The Honorable W.C. Bud Kirkendall The Honorable Oliver Kitzman Tom Krampitz James M. Kuboviak The Honorable James E. Pete Laney Robert Charles Lassmann Crawford Long Doug Lowe Barry L. Macha Elizabeth H. Marshall Becky McPherson Richard J. Miller Mindy Montford John A. Neal Kim K. Ogg Rene M. Peña Lisa L. Peterson G. Dwayne Pruitt The Honorable Susan Reed Steven E. Reis Fred G. Rodriguez Vincent R. Ryan, Jr. Joe Shannon, Jr. Randall Coleman Sims Johnny Keane Sutton Marcus D. Taylor The Honorable F. Duncan Thomas Sherri K. Tibbe William R. Turner Carol S. Vance Janice L. Warder Martha Warren Warner David P. Weeks L. E. Ted Wilson, III Mark Yarbrough
8 TDCAF by the numbers Unrestricted Funds Income Expenses Net Unrestricted Income Restricted Funds Expenses Net Restricted Income Fund Balances Restricted Unrestricted Endowment Total All Funds FY 2012 Budget % of Budget 138, , % 106,316 92, % 32, , , , % (173,346) (243,795) 71.1% 637, ,267 52,320 $833,365 Total fund balance for $833,365 Amount of Endowment $52,320 Amount raised at the fourth annual golf tournament $12,000 Amount raised from the 2012 silent auction $2,500 Number of donors in Participation from the Foundation Board and TDCAA Board to the Annual Campaign %
9 TDCAF donors in 2012* W. Clay Abbott Advent Financial Systems Carolyn Allen Frank Allenger, III Larry W. Allison Richard B. Alpert Alva Alvarez Bernard Wayne Ammerman Bernard Wayne Ammerman, Willacy County & District Attorney s Office D An Anders Rodney W. Anderson Janette LoRie Ansolabehere Gordon V. Armstrong Amenda Arnold Eduardo Arredondo Nancy Firebaugh Arthur The Ashcroft Law Firm, L.L.C. Jack P. Bacon Ronald Banerji Art Bauereiss Diane Beckham Elizabeth Billnoske Ronald Kent Birdsong, Oldham County & District Attorney s Office Barbara Bailey Bogart Ace Bail Bond Jaclyn Borcherding Teddy Patrick Bostick Dan Boulware Kathleen A. Braddock John M. Bradley, Williamson County District Attorney s Office John & Leslie Bradley Thomas L. Bridges Gary Lee Brittain William J. Browning Bruce N. Bryant Laura F. Cahill Stephen H. Capelle Kent A. Caperton Michael Henry Carlson Michael P. Carnes Rebecca Dodds Clarke Teresa J. Clingman The Honorable Cathleen C. Cochran James M. Connolly Don & Susan Cox J. Michael Criswell Lon Curtis Danny Buck Davidson A. W. Davis, Jr. Clinton Jarrod Davis, Henderson County Attorney s Office Jewelll Davis Clifton Davison Yolanda De Leon Joe Ned Dean Dan V. Dent The Dick Law Firm John P. Dodson Scott A. Durfee Daniel W. Dworin James M. Eidson Kimberly Annette Elliott Laurie K. English David A. Escamilla Davye J. Estes Kristin Kay Evans James A. Farren, Randall County Criminal District Attorney s Office Robert S. Fertitta David Lee Finney Patrick L. Flanigan Gerald A. Fohn Jack C. Frels Eric J. Fuchs Robert Wayne Gage Law Office of Gus Garcia Henry L. Garza Kathryn Jo Gilliam Robert K. Gill The Honorable Larry Gist Richard E. Glaser Sandy Glisson Jesse Gonzales, Jr., 83rd Judicial District Attorney s Office H. E. Bert Graham David M. Green, 69th Judicial District Attorney s Office Michael J. Guarino, Jr. Rene A. Guerra Paul Anderson Hable Anton E. Hackebeil The Honorable Ira Royal Hart Howard Wallace Hatch, Jr., Hale County District Attorney s Office Dan Wesley Heard John Staley Heatly John Staley Heatly, 46th Judicial District Attorney s Office Heath Alan Hemphill Cody Grant Henson Fred S. Hernandez James Benton Hicks Melissa K. Hightower David George Hilburn Hines, Ranc, & Holub Michael J. Hinton Steven M. Hollis, Jasper County Criminal District Attorney s Office Patricia Ann Holloman Jerry Holmes William Lee Hon Seth Patrick Howards John Thomas Hubert IBC Bank Pete Inman Bruce Isaacks Anne Marie Potts Jackson Michael J. Jarrett Micheal E. Jimerson Dan K. Joiner, Jr. Ed C. Jones K-Bar Livestock Rob Kepple Daniel Johnson Kindred, 38th Judicial District Attorney s Office The Honorable W. C. Bud Kirkendall The Honorable Oliver S. Kitzman Judy Kocian Robbin Janice Kohn Tom Krampitz James M. Kuboviak Terri L. Laird Robert Charles Lassmann Keith Lauerman
10 TDCAF donors in 2012* (cont d) Cheryl Swope Lieck, Chambers County District Attorney s Office LifeSafer Interlock Brett W. Ligon Local Government Solutions Inc. Amy Lockhart Crawford Long Lopez & Urrutia, L.L.P. Doug Lowe Robert F. MacDonald Barry & Jane Macha MacLean & Boulware Bryan Lyn McClellan Marion McDaniel Lisa C. McMinn Joe Anthony Medrano A. P. Merillat Gregory T. Miller Louis Dayne Miller Richard J. Miller Edward Jordan Mills Minton, Burton, Bassett & Collins Jose J. Monsivais, Jr. Mindy Montford Martha Ann Moran John A. Neal Kimbra Kathryn Ogg Carolyn C. Olson Lauren Elizabeth Owens Alfredo Z. Padilla John Charles Paschall, Robertson County & District Attorney s Office Peek & Toland, L.L.P. Rene M. Pena Rene M. Pena, 81st Judicial District Attorney s Office Personal Development Seminars Lisa L. Peterson The Honorable Ted Poe Sarah Rose Preston G. Dwayne Pruitt Edward L. Ramirez Erasmo Ramon Recordbuck Ranch, Inc. Randall W. Reynolds Terri D. Rhodes The Law Office of Sandra C. Ritz Patricia H. Robertson Fred G. Rodriguez Mary Christy Rodriguez Charles A. Rosenthal, Jr. Jimmy Ray Ruiz Vincent R. Ryan, Jr. Joni E. Sager Saulsbury Family Foundation Inc. Al & Elizabeth Schorre Donnis M. Scott Theresa P. Secrest Anne K. Seymour Gregory A. Silber Randall Coleman Sims Lara Brumen Skidmore Smart Start, Inc. Nicholas Manuel Socias Sara Ruth Spector Wayne E. Springer Leslie A. Standerfer William J. Stroman, Jr. Kevin B. Stryker Linda F. Stutt Sullivan Funeral Home, Inc. Johnny Keane Sutton Sabra S. Swaim Marcia T. Taylor Marcus D. Taylor John E. Terrill Bill Thompson William Grover Thompson Sherri K. Tibbe Sherri K. Tibbe, Hays County Criminal District Attorney s Office Elizabeth A. Toben Curtis R. Tomme Law Office of Meredith Troberman, P.L.L.C. William R. Turner Jody K. Upham The USAA Foundation Carol S. Vance Jennifer Vitera Terry J. Vogel David K. Walker Janice L. Warder Martha Warren Warner Martha Warren Warner, 156th Judicial District Attorney s Office Paul S. Watkins Lonny Watson David P. Weeks Dale E. Williford Mark Yarbrough Mark Yarbrough, Lamb County & District Attorney s Office Kevin Patrick Yeary Jerilynn Yenne, Brazoria County Criminal District Attorney s Office Gary Duane Young, Lamar County & District Attorney s Office * gifts received between January 1 and December 31, 2012
11 Current fundraising strategies Foundation Board Members & Advisory Council Members The Foundation depends heavily on its board members to develop relationships with donors. The Foundation s Advisory Council is also key in cultivating, maintaining, and retaining donors. Annual Campaigns The Foundation has organized annual campaigns to raise funds. These are known as the So the State is Always Ready Annual Campaigns. Special Events The Foundation has raised funds through a variety of special events, including an annual golf tournament and Champions for Justice events. Foundation Grants The Foundation prepares grant proposals and requests for submission to charitable foundations of all types: individual, family, corporate, community, and general purpose and special purpose foundations. Honorariums and Memorials The Foundation accepts and encourages gifts in honor of or in memory of a donor s loved ones, friends, and colleagues. Planned Giving The Foundation is in a position to set up planned gifts in the form of bequests through wills or other estate plans, charitable gift annuities and trusts, life insurance, and gifts of stock or real estate. Texas Prosecutors Society In 2011, the Foundation kicked off an endowment campaign with the help of a select group of supporters called the Founding Fellows; our Fellows are part of a new membership group called the Texas Prosecutors Society. Invitees pledge $250 per year for 10 years or can choose to pay in full. Every year, 50 new members are invited to join. Proceeds go toward the endowment for the Foundation. Every gi ma ers M aking a gift to the Texas District and County Attorneys Foundation (TDCAF) through the Annual Campaign is one of the most meaningful ways you support the ongoing services, training, technical assistance, and educational opportunities for members of TDCAA. Support the Foundation at any level you can. We invite all elected and assistant prosecutors, investigators, key personnel, and victim assistants to give to the Annual Campaign. We also need contributions from private donors, private foundations, and corporate partners from across the State. Are there folks in your community who share our goal of a safer Texas? If so, contact the Foundation at 512/ or visit our website at Your support will have a lasting impact on the Foundation.
12 e year in photos DWI Summit in St. Louis 4th annual golf tournament
13 e year in photos Investigator Section golf tournament Investigator Section Happy Hour
14 DWI Summit sponsors Our thanks to the sponsors of our 3rd DWI Summit, Guarding America s Roadways: Investigating & Prosecuting the Impaired Driving Crash : Golf tournament sponsors Our thanks to the sponsors of our 4th annual golf tournament: H.E.Bert Graham
15 Advanced Trial Advocacy Course sponsor Our thanks to the sponsor of our Advanced Trial Advocacy Course: TDCAF Summer Social sponsors Family Sponsors Minton, Burton, Bassett and Collins Hines, Ranc, & Hollub Peek and Toland Friend Sponsors Jack Bacon William J. Browning Law Office Law Office of Dan Dworin Law Office of Gus Garcia Jr. Law Office of Keith T. Lauerman Lopez and Urrutia, Attorneys at Law Mindy Montford, Attorney at Law Keel & Nassour, Attorneys at Law Law Office of Sandra C. Ritz Law Office of Meredith Troberman
16 TDCAF leadership 2013 Foundation Advisory Committee members D. August Boto, Nashville, TN Jim Chapman, Austin Troy Cotton, Houston Ashton Cumberbatch, Jr., Austin Norma Davenport, Kerrville Dean Robert S. Fertitta, Columbia, SC Gerald R. Flatten, Beaumont Jack C. Frels, Houston The Honorable Larry Gist, Beaumont The Honorable Gerald Goodwin, Lufkin Michael J. Guarino, Galveston Tom Hanna, Nederland Bill Hill, Dallas The Honorable W.C. Bud Kirkendall, Seguin The Honorable Oliver Kitzman, Brookshire James E. Pete Laney, Hale Center The Honorable Michael J. McCormick, Lockhart The Honorable John T. Montford, San Antonio Kim K. Ogg, Houston G. Dwayne Pruitt, Brownfield Charles A. Rosenthal, Jr., Houston Joe Shannon, Jr., Fort Worth Johnny Sutton, Austin Carol Vance, Houston 2013 Foundation Board of Trustees members President H.E.Bert Graham, Houston President-Elect The Honorable Susan Reed, San Antonio Secretary/Treasurer Kathy Braddock, Houston Bobby Bland, Odessa Dan Boulware, Cleburne Kathy Braddock, Houston John Bradley, Georgetown Tom Bridges, Portland Katherine Cabaniss, Houston Yolanda de Leon, Harlingen David Escamilla, Austin Knox Fitzpatrick, Dallas Bert Graham, Houston Russell Hardin, Jr., Houston Michael J. Hinton, Houston Pete Inman, Austin Tom Krampitz, Dallas Greg Laughlin, West Columbia Barry Macha, Wichita Falls Mindy Montford, Austin The Honorable Susan Reed, San Antonio TDCAA staff members Executive Director Rob Kepple W. Clay Abbott, DWI Resource Prosecutor Diane Burch Beckham, Senior Staff Counsel Kaylene Braden, Receptionist William Calem, Director of Operations and Chief Financial Officer Shannon Edmonds, Staff Attorney Tammy Hall, Financial Officer Manda Herzing, Meeting Planner Erik Nielsen, Training Director Lauren Owens, Research Attorney Dayatra Rogers, Assistant Database Manager Lara Brumen Skidmore, Database Manager Andrew Smith, Sales Manager John Stride, Senior Appellate Attorney Jennifer Vitera, Foundation Development Director Sarah Wolf, Communications Director