Print or Print to SAVE AS PDF. ACCEPTED 15-25-00064-CV Appellate Docket Number: 15-25-00064-CV FIFTEENTH COURT OF APPEALS Appellate Case Style: State Board of Social Worker Examiners, et al. AUSTIN, TEXAS Vs. Katherin Youniacutt and Tammy Thompson 4/30/2025 3:04 PM Companion CHRISTOPHER A. PRINE Case(s): CLERK Amended/Corrected Statement FILED IN 15th COURT OF APPEALS DOCKETING STATEMENT (Civil) AUSTIN, TEXAS Appellate Court: 15th Court of Appeals 4/30/2025 3:04:29 PM (to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE CHRISTOPHER Clerk NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.
I. Appellant II. Appellant Attorney(s) - Continued Person Organization Lead Attorney Retained Attorney Name: Texas State Board of Social Worker Examiners Name: John Ramsey Pro Se Bar No. 24051227 If Pro Se Party, enter the following information: Firm/Agency: Office of the Attorney General Address: Address 1: P.O. Box 12548 City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Austin, Texas 78711-2548 Email: Tel. (512) 463-2120 Ext. Fax: (512) 320-0667 II. Appellant Attorney(s) Email:
Lead Attorney Retained Attorney Lead Attorney Select Name: Beth Klusmann Name: Bar No. 24036918 Bar No.
Firm/Agency: Office of the Attorney General Firm/Agency:
Address 1: P.O. Box 12548 Address 1: Address 2:
Address 2:
City/State/Zip: Austin, Texas 78711-2548 City/State/Zip: Tel. (512) 936-1914 Ext. Fax:
Tel. Ext. Fax:
Email: beth.klusmann@oag.texas.gov Email:
Lead Attorney Retained Attorney Lead Attorney Select Name: Ali Thorburn Name:
Bar No. 24125064 Bar No.
Firm/Agency: Office of the Attorney General Firm/Agency:
Address 1: P.O. Box 12548 Address 1:
Address 2:
Address 2:
City/State/Zip: Austin, Texas 78711-2548 City/State/Zip:
Tel. (512) 463-2120 Ext. Fax: (512) 320-0667 Tel. Ext. Fax:
Email: ali.thorburn@oag.texas.gov Email:
III. Appellee IV. Appellee Attorney(s) - Continued Person Organization Lead Attorney Select Name: Katherin Youniacutt and Tammy Thompson Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency: Address: Address 1: City/State/Zip: Address 2: Tel. Ext. Fax: City/State/Zip: Email: Tel. Ext. Fax:
Email:
IV. Appellee Attorney(s)
Lead Attorney Retained Attorney Lead Attorney Select
Name: James T. Knight II Name: Bar No. 1671382 Bar No. Firm/Agency: Institute for Justice Firm/Agency: Address 1: 901 North Glebe Road Address 1: Address 2: Suite 900 Address 2: City/State/Zip: Arlington, VA 22203 City/State/Zip: Tel. (703) 682-9320 Ext. Fax: (703) 682-9321 Tel. Ext. Fax: Email: jknight@ij.org Email:
Lead Attorney Retained Attorney Lead Attorney Select
Name: Arif Panju Name: Bar No. 24070380 Bar No. Firm/Agency: Institute for Justice Firm/Agency: Address 1: 816 Congress Avenue Address 1: Address 2: Suite 970 Address 2: City/State/Zip: Austin, Texas 78701 City/State/Zip: Tel. (512) 480-5936 Ext. Fax: (512) 480-5937 Tel. Ext. Fax: Email: apanju@ij.org Email:
V. Perfection of Appeal, Judgment and Sentencing Nature of Case (Subject matter or type of case): Governmenal Immunity Date Order or Judgment signed: 04/14/2025 Type of Judgment: Interlocutory Order Date Notice of Appeal filed in Trial Court: 04/25/2025 If mailed to the Trial Court clerk, also give the date mailed:
Interlocutory appeal of appealable order: Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):
Texas Civil Practice and Remedies Code § 51.014 (a)(8)
Accelerated Appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which appeal is accelerated:
Texas Civil Practice and Remedies Code § 51.014 (a)(8)
Parental Termination or Child Protection? (See TRAP 28.4): Yes No Permissive? (See TRAP 28.3): Yes No If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): Yes No If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule? Yes No If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? Yes No Judgment or Order disposes of all parties and issues? Yes No Appeal from final judgment? Yes No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form.
If yes, is the Attorney General of Texas a party to the case? Yes No
VI. Actions Extending Time to Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion to Modify Judgment: Yes No If yes, date filed: Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed: Motion to Reinstate: Yes No If yes, date filed: Motion under TRCP 306a: Yes No If yes, date filed: Other: Yes No If Other, please specify:
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? Yes No If yes, date filed: Was there any hearing on appellant’s ability to afford court costs? Yes No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No
Date of Order: If yes, trial court finding: Challenge Sustained Overruled VIII. Bankruptcy Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal?
Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Court and Record Court: 345th Judicial District Clerk’s Record County: Travis County Trial Court Clerk: ✔ District County Trial Court Docket No. (Cause No.): Was Clerk’s record requested? ✔ Yes No D-1-GN-24-009236 If yes, date requested: 04/25/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested:
Name: Laurie Eiserloh Were payment arrangements made with clerk?
Address 1: 1700 Guadalupe ✔ Yes No Indigent Address 2:
(Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: Austin, Texas 78701 Tel. (512) 854-2484 Ext. Fax: Email:
IX. Trial Court and Record - Continued Reporter’s or Recorder’s Record Is there a Reporter’s Record? Yes No Was Reporter’s Record requested? Yes No If yes, date requested: 04/24/2025 If no, date it will be requested:
Was the Reporter’s Record electronically recorded? Yes No Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder Court Reporter Court Recorder Official Substitute Official Substitute Name: Della Duett Name: Address 1: 1700 Guadalupe Address 1: Address 2: Address 2: City/State/Zip: Austin. Texas 78701 City/State/Zip: Tel. (512) 854-9457 Ext. Fax: Tel. Ext. Fax: Email: dell.duett@traviscountytx.gov Email:
X. Supersedeas Bond Supersedeas bond filed? Yes No If yes, date filed: If no, will file? Yes No
XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No If yes, briefly state the basis for your request:
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Should this appeal be referred to mediation? Yes No If no, please specify: The constitutionality of a law cannot be mediated.
Has this case been through an ADR procedure? Yes No If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? Pre-Trial Post-Trial Other If other, please specify:
Type of Case? Governmenal Immunity Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Plaintiffs challenge the constitutionality of Texas Occupations Code section 108.052 which prohibits individuals with certain felony convictions from becoming licensed master social workers.
How was the case disposed of? Denial of a plea to the jurisdiction Summary of relief granted, including amount of money judgment, and if any, damages awarded.
If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney’s fees (trial): Attorney’s fees (appellate): Other:
If other, please specify:
Will you challenge this Court’s jurisdiction? Yes No Does judgment have language that one or more parties “take nothing”? Yes No Does judgment have a Mother Hubbard clause? Yes No Other basis for finality:
XII. Alternative Dispute Resolution/Mediation - Continued (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5 Please make my answer to the preceding questions known to other parties in this case? Yes No Can the parties agree on an appellate mediator? Yes No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email:
Languages other than English in which the mediator should be proficient:
Name of the person filling out mediation section of docketing statement:
XIII. Related Matters List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs. Court: Select Appellate Court Docket: Style:
Vs.
XIV. Pro Bono Program:
(Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court of Appeals.)
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.
Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). The issues on appeal will concern the constitutionality under the due-course and equal-protection provisions of the Texas Constitution of Texas Occupations Code section 108.052, which prohibits individuals with certain felony convictions from becoming licensed master social workers. The relief sought is dismissal for lack of subject-matter jurisdiction, and review is de novo.
XV. Fifteenth Court of Appeals Jurisdiction Effective 9/1/24, certain cases filed with this court must be transferred to the new Fifteenth Court of Appeals (See SB 1045, 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the following information. Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government, including a university system or institution of higher education as defined by Section 61.003, Education Code, or by or against an officer or employee of the state or a board, commission, department, office, or other agency in the executive branch of the state government arising out of that officer ’s or employee ’s official conduct? Yes No If the answer is yes, does this appeal involve:
a proceeding brought under the Family Code and any related motion or proceeding; a proceeding brought under Chapter 7B or Article 17.292, Code of Criminal Procedure; a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction; a proceeding relating to a mental health commitment; a proceeding relating to civil asset forfeiture; a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain; a proceeding brought under Chapter 101, Civil Practice and Remedies Code; a claim of personal injury or wrongful death; a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance; a proceeding brought under Chapter 55, Code of Criminal Procedure; a proceeding under Chapter 22A, Government Code; a proceeding brought under Subchapter E-1, Chapter 411, Government Code; a proceeding brought under Chapter 21, Labor Code; a removal action under Chapter 87, Local Government Code; a proceeding brought under Chapter 841, Health and Safety Code;
XVI. Signature 04/30/2025 Signature of counsel (or Pro Se Party) Date Beth Klusmann 24036918 Printed Name State Bar No. /s/ Beth Klusmann Beth Klusmann Electronic Signature (Optional) Name
XVII. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties to the Trial Court’s Order or Judgment as follows on:
/s/ Beth Klusmann Signature of counsel (or Pro Se Party) Electronic Signature (Optional)
24036918 State Bar No.
Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state:
(1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party’s attorney, the name of the party represented by the attorney.
Please enter the following for each person served: Date Served: 04/30/2025 Date Served: Manner Served: eServe Manner Served: Select Name: James T. Knight II Name: Bar No. 1671382 Bar No. Firm/Agency: Institute for Justice Firm/Agency: Address 1: 901 N. Glebe Rd Address 1: Address 2: Suite 900 Address 2: City/State/Zip: Arlington, VA 22203 City/State/Zip: Tel. (703) 682-9320 Ext. Fax: (703) 682-9321 Tel. Ext. Fax: Email: jknight@ij.org Email: Party: Appellee Party:
Date Served: 04/30/2025 Date Served: Manner Served: eServe Manner Served: Select Name: Arif Panju Name: Bar No. 24070380 Bar No. Firm/Agency: Institute for Justice Firm/Agency: Address 1: 816 Congress Avenue Address 1: Address 2: Suite 970 Address 2: City/State/Zip: Austin, Texas 78701 City/State/Zip: Tel. (512) 480-5936 Ext. Fax: Tel. Ext. Fax: Email: apanju@ij.org Email: Party: Appellee Party:
Date Served: Manner Served: Select Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party:
Please enter the following for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:
Print or Print to SAVE AS PDF.
DOCKETING STATEMENT (Civil) cont.
Appellate Court: 15th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellants (cont.)
Dolores Saenz-Davila, in her official capacity as a member of the Texas State Board of Social Worker Examiners Katie Andrade, in her official capacity as a member of the Texas State Board of Social Worker Examiners Korina Delapeña, in her official capacity as a member of the Texas State Board of Social Worker Examiners Ryan Dollinger, in his official capacity as a member of the Texas State Board of Social Worker Examiners Asia Rodgers, in her official capacity as a member of the Texas State Board of Social Worker Examiners Lea Ann Tatum, in her official capacity as a member of the Texas State Board of Social Worker Examiners Jennifer Swords, in their official capacities as members of the Texas State Board of Social Worker Examiners
Texas Behavioral Health Executive Council (“TBHEC”)
Darrel D. Spinks, in his official capacity as Executive Director of TBHEC
Gloria Canseco, in her official capacity as a member of TBHEC
John K. Bielamowicz, in his official capacity as a member of TBHEC
Mark E. Cartwright, in his official capacity as a member of TBHEC
Steven Hallbauer, in his official capacity as a member of TBHEC
Daniel W. Parrish, in his official capacity as a member of TBHEC
Christopher S. Taylor, in his official capacity as a member of TBHEC
Brian C. Brumley, in his official capacities as members of both the Texas State Board of Social Worker Examiners and TBHEC
Quida J. Pryor, in her official capacity as members of both the Texas State Board of Social Worker Examiners and TBHEC
Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Nancy Villarreal on behalf of Beth Klusmann Bar No. 24036918 nancy.villarreal@oag.texas.gov Envelope ID: 100287342 Filing Code Description: Docketing Statement Filing Description: 20250430 Youniacutt DcktStmt Status as of 4/30/2025 4:21 PM CST
Associated Case Party: Katherin Youniacutt and Tammy Thompson
Name BarNumber Email TimestampSubmitted Status
Arif Panju 24070380 apanju@ij.org 4/30/2025 3:04:29 PM SENT
James T. Knight II jknight@ij.org 4/30/2025 3:04:29 PM SENT
Associated Case Party: Texas State Board of Social Workers Examiners, et al.
Name BarNumber Email TimestampSubmitted Status
John Ramsey 24051227 John.Ramsey@oag.texas.gov 4/30/2025 3:04:29 PM SENT
Beth Klusmann beth.klusmann@oag.texas.gov 4/30/2025 3:04:29 PM SENT
Ali Thorburn 24125064 ali.thorburn@oag.texas.gov 4/30/2025 3:04:29 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Nancy Villarreal nancy.villarreal@oag.texas.gov 4/30/2025 3:04:29 PM SENT