by Daniel Cox


Cornyn: Equal Justice ‘Is Part of Our National Creed’

Q: Many national leaders who come from Texas are supportive of legal aid. What is it about Texas that makes the issue of equal justice resonate?

A: I think a lot of it has to do with the people we are sending to Washington. People like [White House Counsel] Al Gonzales, who is a former Texas Supreme Court Justice. I’m a former Supreme Court justice. [Congressman] John Carter is a longtime district court judge. I think we have been in a position to see the tremendous need and usefulness of these services to people who have nowhere else to turn. So that is part of it. And I think that maybe Texas is a little more enlightened than some people give us credit for.

Q: As Texas Attorney General, you were responsible for a large funding allocation that benefited legal aid’s clients. Why did you feel it was important to find more resources for victims of domestic abuse?

A: As Attorney General I was responsible for the administration of the Crime Victims Compensation Fund in Texas. We’ve found in recent years new ways to distribute the money…to organizations that provide services to crime victims. Deborah Hankinson—who was appointed by the Governor to fill my vacant seat on the Supreme Court when I ran for Attorney General—suggested [legal aid’s domestic violence assistance programs] might be a good use of the Fund. So we ultimately went to the legislature and asked them to take $5 million from the Fund and dedicate it to legal services for victims of crime. I’m gratified that it’s doing a lot of good.

Q: Do you agree with LSC’s decision to rededicate itself to provide basic legal services to low-income Americans facing imminent legal problems?

A: I think that is certainly wise. I’m learning, although I’m only a freshman Senator, the importance of having that bipartisan support, because you don’t want the viability of the program to depend on the election cycle. And there will be cycles. I come from the perspective of a former district judge and a member of our supreme court down here, as somebody who believes that there is such an overwhelming need that it’s good to concentrate on those basic legal services that are non-controversial in nature. Indeed, there is broad public consensus supporting the provision of legal assistance to people who are victims of crime and domestic violence. I think it’s very smart to build that consensus agenda and leave out the controversial things, because they undermine that important bipartisan support. Given the overwhelming need, I’m glad to see the focus is on core legal services.

Q: As Texas Attorney General, securing child support for parents was an important issue for you; why did you take on this cause?

A: When I took office on January 1, 1999, the [Title 4D child support enforcement] program was in pretty sad shape, and the legislature was examining the possibility of taking it away from the Office. I made it my highest priority. I believe as attorney general, my job was not just to enforce the law but also to protect those who can’t protect themselves. Certainly in that category fall children and those entitled legally, as well as morally, to financial support from both parents. We turned around collections and increased them 86 percent during my term and just this last year collected $1.4 billion in child support in Texas. 

Q: Every member of the Bar takes an oath to promote justice for those least able to afford it. What obligations do you feel come with it as a practicing attorney?

A: Sadly, as we have seen the practice of law grow into a big business, and the billable hour and contingent fee appear to be the ultimate goal, we have gotten away from being a steward of the public trust. I’m glad to see with the consensus on providing legal services to the poor that we are returning to our roots, so to speak, in terms of the obligations that go along with a law license. What I want to do is to make sure that everybody has access to the legal system, regardless of their means. I think that is going to entail not only funding but a reform of the legal process itself. 

Q: Do you think the idea of “equal justice under law” can be achieved in our lifetime?

A: It is part of our national creed and fundamental to what America is and what America should aspire to become. I think it is always better to strive toward a goal than to resign ourselves to the way things are. Certainly as an aspirational goal, it’s something we should strive toward.