San Antonio, TX (March 29, 2006) — Despite being only a first year lawyer at Vinson & Elkins LLP, Marcy Darsey has already assisted in some major business transactions, including helping one client purchase assets and financing of a natural gas marketing company for $150 million while working for another client on the financing of a $110 million land deal along the Gulf Coast.
But none of those deals made her as proud to be a lawyer as did the pro bono case she wrapped up this week. Thanks to Mrs. Darsey's hard work and legal skills, a U.S. Marine just home after serving in Iraq and his wife survived a bureaucratic obstacle course of multiple state and federal laws and overcame extraordinary odds to adopt a little boy whose biological parents had been deemed legally unfit.
With U.S. Marine Sgt. Alex Miller, in full military dress, standing with his wife, Amanda, in Bexar County District Court Tuesday, Judge Richard Garcia signed the final paperwork granting the couple's nearly year and a half long effort to adopt 20-month-old Garrett.
"Garrett, who has dark hair, big brown eyes and a a big dimple when he smiles, hugged Amanda's leg and legally called her 'mommy' for the first time," said Mrs. Darsey, a 2005 graduate of the University of Houston Law School whose husband, David, is a captain in the Texas Army Reserve and also served in Iraq. "It was really a heartwarming and amazing scene."
However, this was no ordinary adoption procedure, if there even is such a thing. This case was particularly complex because it involved family laws in several states spanning from Texas to North Carolina. In truth, the case was a bureaucratic nightmare that finally ended Tuesday in San Antonio
The case of baby Garrett actually began just days after he was born in June 2004. The infant was placed into foster care almost immediately after birth because his parents were jailed on drug-related charges. Not long after that, his biological mother legally waived all parental rights and responsibilities. At the same time, the State of Texas moved to have the biological father declared an unfit parent.
Meanwhile, Amanda Miller, who lives at Camp Lejeune, N.C., where her husband was based, heard from family members about the situation. Garrett's father is Amanda's cousin. Immediately, Amanda knew she wanted to help. The Millers had adopted a son a couple years earlier and had been thinking about doing it again. Amanda contacted the Texas Department of Family and Protective Services about obtaining temporary custody of Garrett as a foster parent with an eye toward officially adopting him. In May 2005, state officials flew to North Carolina with Garrett, and agreed to give the Millers temporary custody.
But there was a problem: Alex was several thousand miles away patrolling the dangerous streets of Falluja in Iraq. Texas officials raised concerns because Alex was involved in actual combat with Iraqi insurgents. The state wanted Garrett to be placed in a stable two-parent home. The issue only heightened in July 2005 when Alex's military vehicle ran over an improvised explosive device, killing a fellow Marine riding with Alex and injuring a handful of others.
During his service in Iraq, Sgt. Miller met Capt. Kevin Knox Nunnally, the son of Vinson & Elkins partner Knox Nunnally, widely regarded as one of the best civil litigators in Texas. Capt. Nunnally recommended that the Millers contact V&E; to see if there was anything the law firm could do to help the couple cut through the red tape. In October 2005, the Millers received good news: Alex was coming home and the adoption proceedings would be able to move forward more quickly.
While all adoption cases take lots of time and patience, the Millers' case was complicated by the fact that they live in North Carolina and yet the State of Texas still remained the child's managing conservator. As a result, the Bexar County District Court, which maintained jurisdiction over the case, required Interstate Compact for the Placement of Children (ICPC) approval. This process of approval spanned several months and required coordinating communication between ICPC bureaus in Texas and North Carolina.
Then last month, the situation became more complicated. Sgt. Miller received orders from the Marine Corps to report for duty in April at Camp Pendleton, Calif. If the already lengthy adoption wasn't finalized before the Millers moved, they would be required to start the ICPC approval process all over again.
Mrs. Darsey, who worked on the case for three months for free, pushed for final approval from the ICPC and the Texas Department of Family and Protective Services, which was received in early March. She then informed Judge Garcia of the situation and asked the court to rule on the Petition for Adoption. The final hearing was set for Tuesday. V&E; paid for the Millers to fly from North Carolina to San Antonio to be at the hearing.
"I will never forget little Garrett standing there with his parents and new brother, wearing navy blue pants, a bright blue shirt and a clip-on necktie," said Mrs. Darsey. "Even though I love being a business lawyer who helps put together multimillion dollar business deals, I am so glad that V&E; encouraged me to step out and do pro bono work. Part of it is exploring other areas of the law. But mostly, it is about giving back to our society. It is about helping people in need."
Vinson & Elkins is proud to have one of the best pro bono programs in the country. In 2004, V&E; lawyers spent more than 27,000 hours working for free on matters that included having juror pay increased in Texas for the first time in 51 years and getting reversed the conviction and sentence of a Texas man wrongfully convicted of murder.
For more information, please contact Ashley Battelle, communications coordinator at 713.758.2052 or via e-mail at abattelle@velaw.com.
Vinson & Elkins was established in 1917 and is one of the world's largest international law firms. The firm has about 700 lawyers practicing in Austin, Beijing, Dallas, Dubai, Houston, London, Moscow, New York, Shanghai, Tokyo and Washington D.C. Vinson & Elkins offers a wide range of legal services. Clients include public and private companies, financial institutions, municipalities, governments of sovereign nations, entrepreneurs, families and individuals.
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