Texas Lawyer Blog

This Week in Texas Lawyer

Colleen McGushin — Mon, 23 Nov 2009 02:00:00 -0600

State of play: Some landowners are unhappy about leasing issues in the Barnett Shale. Senior reporter Brenda Sapino Jeffreys looks at a trio of firms that have banded together and signed up hundreds of clients. Lawyers Randal Mathis, Kip Petroff and Christopher Payne (from left to right) are ready to drill down.

Recusal motion: Senior reporter Mary Alice Robbins learns that a criminal defendant is trying to recuse 140th District Judge Jim Bob Darnell from his case. Why? The defendant alleges Darnell is beholden to the Lubbock County DA's Office for the way it handled a case involving the judge's son, Jared.

Anybody here?: Why is minority representation so low among law clerks at staff attorneys at the state's appellate courts? Senior reporter Mary Alice number looks at the numbers and talks to the judges.

Anatomy of Gray's: Merchant mariner, policeman, lawyer, judge. Senior reporter talks to a U.S. District Judge Gray Miller (pictured), who's patrolled the high seas and mean streets.

Inadmissible. Discipline. VerdictSearch.

Correction.

Stee-rike! Baseball players cry foul on the Stanford receiver. Senior reporter Brenda Sapino Jeffreys sees how the refs called the plays.

Look your best: Corporate counsel and stylista Kasia Benson on painlessly updating your wardrobe, developing a signature style and the best fashion blogs.

This Week in Energy Lawyer

Colleen McGushin — Mon, 23 Nov 2009 01:45:00 -0600

Advance man: 28 days after Baseline Oil and Gas Corp. of Houston filed a voluntary Chapter 11 petition, a judge confirmed the reorganization plan. Senior reporter Brenda Sapino Jeffreys talks to Rhett Campbell (pictured), one of the lawyers who made the quick turnaround happen.

Crunching the numbers: From firms to industries to businesses, check out the statistics on energy company litigation in federal districts courts in Texas for the first 10 months of 2009.

CREZ-y for you: Hannah Wiseman explores why the push to increase renewable energy capacity and transmit power means work for lawyers.

Tick-tock: Nolan Knight tracks some fast-approaching deadlines for emissions monitoring and reporting.

Danger in the pool: Norma Rosner Iacovo explains how to craft pooling clauses to avoid the results of Wagner & Brown Ltd. v. Sheppard.

Genealogy resources available on the Harris County District Clerk’s Web site

Colleen McGushin — Fri, 20 Nov 2009 16:21:37 -0600

People looking for ancestors who may have become U.S. citizens in the Houston area can do some genealogical research on the Harris County District Clerk’s Web site. Some naturalization records from 1837 to 1913 can be located online, says District Clerk Loren Jackson. “It’s pretty exciting stuff,” he says. The records are certificates immigrants from 30 countries -- ranging from Afghanistan to the United Kingdom -- filed with the county when they declared their intention to become U.S. citizens. Prior to 1921, immigrants living in Texas could swear before a judge their intent to become a citizen and then register to vote, Jackson says. The documents “indicate these folks are renouncing their allegiance to whatever country they came from,” Jackson says. The search function has been up and running since August, but Jackson announced the online resource today in honor of Houston’s first annual Citizenship Week.
-- Brenda Sapino Jeffreys

Let the judicial confirmation games begin

Colleen McGushin — Fri, 20 Nov 2009 16:15:11 -0600

I just received a press release from U.S. Sen. John Cornyn, R-Texas, who’s announcing he's voting a big “no” to President Barack Obama’s first appellate court nominee, Judge David Hamilton for the 7th U.S. Circuit Court of Appeals. Cornyn, a member of the Senate Judiciary Committee, wasn’t kind in his assessment of Hamilton’s time on the U.S. district court bench, writing: “After close review, I believe Judge Hamilton’s writings and statements show an unwillingness to serve as a neutral arbiter of the law.” Cornyn wrote in the statement, “In numerous opinions written during his tenure on the District Court, Judge Hamilton has displayed a lack of impartiality, a disregard for precedent, and a willingness to legislate from the bench.” In other words, Hamilton is being hammered by Republicans in very much the same way 5th U.S. Circuit Judge Priscilla Owen was by Democrats who filibustered her nomination in 2005, causing Cornyn and other Senate Republican to call for the so-called “nuclear option.” That would have changed the filibuster rules and freed up Owen’s nomination. The outcome eventually was thwarted by a deal brokered by moderate Republican and Democrats, and Owen’s nomination went to a floor vote, where the full Senate approved her. But I asked Cornyn back in 2005, if the roles were reversed, would he regret voting for the nuclear option if a Democratic president was in power and Cornyn wanted to filibuster an appellate court nominee he didn’t like? Here’s what he said: “Well, strictly from the standpoint of making it harder to get my way, maybe. But I do think that we should make our decisions based on principle and not on who it helps and who it hurts. And I do this, and I think the majority does this, with a very clear understanding that it would cut both ways.” Sounds like the Democrats can go nuclear if they want to -- with Cornyn’s blessing.
-- John Council

Texas Supreme Court dismisses as improvidently granted petitions for review in bonfire case filed by Zachry Construction Corp. and Scott-Macon Ltd.

Colleen McGushin — Fri, 20 Nov 2009 15:27:23 -0600

Zachry Construction Corp., et al. v. Texas A&M University may be one of those rare cases where both sides win something. The case arose out of the 1999 Texas A&M bonfire collapse, which killed 12 students and injured 27 others. In a per curiam opinion issued today in Zachry, the Texas Supreme Court withdrew its order granting the petitions for review filed by Zachry and Scott-Macon Ltd. as improvidently granted. Zachry and Scott-Macon are defendants in the underlying personal injury and wrongful death suits stemming from the bonfire accident. The Supreme Court’s opinion provides the following background on the case: Zachry and Scott-Macon had sought to designate Texas A&M as a responsible third party so that its percentage of responsibility could be submitted to the jury. But Texas A&M challenged its designation as a responsible third party on sovereign immunity grounds. Although the trial court rejected Texas A&M’s arguments, Waco’s 10th Court of Appeals reversed and rendered a judgment dismissing all claims against Texas A&M. Zachry and Scott-Macon petitioned the Supreme Court for review. But Texas A&M University entered into “a master settlement agreement” with the plaintiffs. That means Texas A&M University is a “settling person.” As noted in the Supreme Court’s opinion, Texas Civil Practice & Remedies Code §33.003(3) requires a jury to make a determination of proportionate responsibility as to “each settling person.” That should reduce potential liability of Zachry and Scott-Macon. Texas A&M also wins because the 10th Court’s decision that it has sovereign immunity remains intact. Ben Taylor, a partner in Fulbright & Jaworski in Dallas, argued for Zachry and Scott-Macon before the Supreme Court on Sept. 8 but declines comment on the case. Jim Ho, state’s solicitor general, who argued on Texas A&M’s behalf before the high court, also declines comment.
-- Mary Alice Robbins

5th Circuit chief judge to U.S. Sentencing Commission: Listen up

Colleen McGushin — Fri, 20 Nov 2009 13:59:48 -0600

The U.S. Sentencing Commission today held its second day of hearings on federal sentencing guidelines in Austin. Edith Jones, chief judge of the 5th U.S. Circuit Court of Appeals, was one of the speakers at the morning session, held at the University of Texas School of Law. Jones’ first suggestion to the commission was to continue to seek advice from 5th Circuit judges to take advantage of their particular sentencing expertise. As Jones pointed out, the 5th Circuit handles about 18 percent of the entire federal criminal docket. During a break in this morning’s hearing, William K. Sessions III, the commission’s chairman, says the two days of hearings in Austin are part of a series of seven hearings that the commission is holding around the country to receive input on the sentencing guidelines. Sessions, a U.S. district judge for the District of Vermont, says the commission generally has heard from judges and others that the advisory system now in place is working well. But he says others have expressed concerns that the advisory system has increased disparities in sentencing, not only among different regions of the country but within individual courthouses. The commission will report to Congress on mandatory minimum sentencing and its relationship to sentencing policy by the end of October 2010, Sessions says.
-- Mary Alice Robbins

St. Mary’s Law summer program in China open to all law students

Colleen McGushin — Fri, 20 Nov 2009 13:48:41 -0600

St. Mary’s University School of Law in San Antonio is launching a summer program in China in 2010, says Robert H. Hu (pictured), director of St. Mary’s law library, associate law professor and co-director of the program. The four-week program will offer five courses taught by St. Mary’s law professors and Chinese law professors at the Law School of Beihang University in Beijing, he says. Two leading law firms in Beijing -- King & Wood and Jun He Law Offices -- have also made informal commitments to provide part-time 2010 summer associate positions for a few St. Mary law students participating in the study program, Hu says. He notes the school has applied for and expects to receive American Bar Association accreditation for the program’s courses. The China summer program is not restricted to St. Mary’s students, but is open to all law students, says Vincent R. Johnson, law professor and co-director of the program. “We think that a complete legal education today at least begins the acquaintance of law students with international and comparative law, and there is probably no better place to do that then with reference to clients doing business in China,” Johnson says
-- Jeanne Graham

Fashion Fridays: The magic of manicures and pedicures

Colleen McGushin — Fri, 20 Nov 2009 11:25:43 -0600

One of the first things I noticed when I moved to Texas was the remarkably high number of beautiful manicures and pedicures. From French white to bright colors to tiny designs and jewels glued near the tips, I had never seen such elaborately cared-for nails. The casual, uneven-and-chipped approach I had always taken embarrassed me as a Dallas newcomer. Over time, I realized that most of these manicures and pedicures were helped along by acrylic and weekly trips to the nail salon. We certainly have an unlimited number of nail salons and spas to choose from in Texas cities and neighborhoods. I also came to enjoy the pampering of it all: Hot towels, warm paraffin, a shoulder and foot massage, perhaps a glass of wine. Particularly considering my pathetic nail-care record in the past, I consider myself a bit of a nail salon connoisseur these days. My friends joke that I choose a restaurant based on its walking distance from my favorite salon (actually, it’s just that the salon's neighborhood has some terrific little places to eat, and I might as well grab a manicure if I’m going to be there for dinner anyway). Sometimes, which salon I visit will depend on my mood. If I’m feeling stressed I’ll visit a high-end spa for an artiste's heavenly pedicure. If I’m in a rush, I’ll dart in and out of a shop in a funky locale. When I’m feeling sociable, I hang out with the girls at my neighborhood shop and get a fantastic brow wax while I’m at it. I have even managed to persuade a few of my male friends into accepting the wonders of a regular pedicure for themselves. Like most everything else in life, a manicure can be a reflection of your style and personality. (No wonder my pre-Tex manicure was casual, uneven and chipped! Much better now: shiny-pink.) While those of us in the legal profession probably limit ourselves to more neutral polish hues and natural-looking nails, I recently came across a few inspiring trends I just had to share.

Glimmering, pale yellow and gold polish: Wear this on super-short, round-filed fingers or tanned toes. Too sheer, and your nails can look sallow. Make sure to layer on at least two coats for a saturated, opaque color.
Half moon fingernails: This trend is borrowed from the 1940s. The idea is to exaggerate the natural half-moon shape at the base of your natural nails and mix it with other brighter shades on the remainder.
Metallic polish: This fall I’ve been wearing a dark, metallic grey on my toes. It’s a great alternative to the blackish-red I usually turn to in the colder months. I’ve also seen some fantastic nonglossy bronzes that may be appropriate on your hands for more casual office atmospheres.
Alpha-hydroxy peel manicures and pedicures: This is usually a service offered only at more upscale spas, but it is well worth the splurge. The technician will apply a serum that magically exfoliates what seems like years of dryness and over time can smooth away unsightly scars and pigmentation.

Not all lawyers have the time, resources or willingness to spend an hour at the nail salon every week. Those who need to stretch a good mani or pedi longer than usual can follow these tips to minimize the look of wear and tear:

Try to start out with as neutral a shade as possible: The closer your nail color is to your natural nail, the less chipping will show and the more likely you are to be able to find a quick-fix polish pen for boo-boos.
Massage your nails with cuticle oil before bed: This will keep your cuticles neat and tidy between treatments. Depending on the formula you use, some promote nail growth.
Stay out of the sun (and tanning beds): UV stresses certain types of polish and can accelerate cracking and discoloration.
Keep them short: It’s pretty simple. If your nails are short, there is less nail to break.

Lush lawn in process for the new UNT Law School

Colleen McGushin — Fri, 20 Nov 2009 10:30:04 -0600

When you look at an artistic depiction of the proposed new home of the UNT Law School on the institution's Web site, the location is hardly recognizable as part of downtown Dallas. The picture shows the Beaux Arts building on Main Street, which the school will eventually occupy. The illustration shows the building, a structure that served until 1978 as Dallas' City Hall, with a lush green lawn in front in an nearly isolated setting. Until recently, however, the building, on a Dallas corner, had across the street a parking lot and a tasty but not architecturally attractive barbecue joint. In early November, however, reality took a step in the direction of the artistic depiction, says State Sen. Royce West, D-Dallas, founder of Dallas' West & Associates. West sponsored the legislation this year in Austin that launched the formal plans for the new public law school, the first in Texas in more than 40 years. Last week, West says, the city parks department put down a lawn where the parking lot used to be. It will probably be more than two years, however, says West, until the school occupies that building. Rather, when it opens its doors in 2011, the UNT Law School will share space in another downtown building with the UNT System headquarters until the Beaux Arts structure is renovated, which West says is going to take a lot more fundraising.
-- Miriam Rozen

Firm’s contingent fee dispute with exoneree leads to suit against state comptroller

Colleen McGushin — Wed, 18 Nov 2009 12:06:09 -0600

The Lubbock firm of Glasheen, Valles, Inderman & DeHoyos has sued State Comptroller Susan Combs and the firm’s former client Steven Phillips to prevent Combs from paying Phillips more than $1 million that the firm claims it is owed as a contingent fee. In its original petition in Glasheen, Valles, Inderman & DeHoyos v. Phillips, et al., filed Nov. 16 in a Travis County district court, the firm alleges that it is entitled to $1,024, 166.67 on its contingent fee under a contract that Phillips signed in December 2008. Attached as an exhibit to the petition is the claim that Phillips filed Sept. 11 with the State of Texas Comptroller’s Office for about $4 million, half of which would be paid in a lump-sum amount and the rest to be paid in installments through an annuity. The money is compensation for 24 years Phillips spent in prison. In 2008, DNA testing exonerated Phillips of a sexual assault and burglary conviction. Glasheen, Valles alleges in its petition that Phillips discharged the firm and breached his contract with the firm after the firm “successfully procured a substantial increase in the compensation” that state law provides for persons in the same circumstances as Phillips. Glasheen, Valles further alleges that the comptroller has ignored the firm’s Nov. 13 claim and request for payment of the amount the firm claims it is owed. In its petition, the firm asks the Travis County court to enjoin the comptroller from paying Phillips until the resolution of Phillips v. Glasheen, et al — which involves Phillips’ declaratory judgment suit against Kevin Glasheen and Glasheen, Valles and Glasheen’s counterclaim against Phillips — pending in the 95th District Court in Dallas. At Glasheen’s request, the 95th District Court cancelled a temporary injunction hearing set for today in the Dallas case. Glasheen did not immediately return a telephone call seeking comment. R.J. DeSilva, spokesman for the comptroller’s office, says the comptroller’s office has not yet been served with the suit. Bob Bragalone, an attorney representing Phillips and a partner in Gordon & Rees in Dallas, says, “We’ll be arguing that it’s the state’s duty to pay him [Phillips].”
-- Mary Alice Robbins

UNT Dallas College of Law dean search progressing

Colleen McGushin — Wed, 18 Nov 2009 11:57:04 -0600

The committee tasked with helping pick a founding dean for the soon-to-open UNT Dallas College of Law may have a substantive update on its progress as early as the end of the month, according to Cynthia Hall, a spokeswoman for the UNT System. The first new public law school in Texas in more than 40 years will be located in downtown Dallas in the old municipal building. Hall says the dean selection committee has received "a lot of applicants" and "scheduled interviews." But, Hall says, she is reluctant to go into further details of the committee's activities, such as how many candidates are now under consideration and who they are, at this delicate stage. Lee Jackson, the chancellor of the UNT System, has set late January or February as the final deadline for dean selection, so whoever is chosen may prepare the school for classes that will start in the spring of 2011. The committee is led by U.S. District Judge Ed Kinkeade and Dallas' Godwin Ronquillo partner Marcos Ronquillo.
-- Miriam Rozen

A field of dreams, now bathed in light, is named for Houston lawyer, former soccer standout

Colleen McGushin — Wed, 18 Nov 2009 11:46:19 -0600

Randall Sorrels (pictured) now patrols the Harris County Courthouse as a plaintiff’s attorney. But 25 years ago, he was patrolling the back field for the Houston Baptist University Huskies soccer team as a stopper. Sorrels was the captain of that team and a NCAA Academic All-American before he graduated from HBU in 1984. On Nov. 6, HBU named Sorrels, now a partner in Houston’s Abraham, Watkins, Nichols, Sorrels, Agosto & Friend, as their Distinguished Alumnus for 2009. But a month earlier, on Oct. 17, HBU also honored Sorrels by naming the school’s soccer field “Sorrels Field.” Sorrels says he’s proud of both honors. His name is now affixed to a field used by one of the rare Texas NCAA Division I soccer teams — the only other such team in the state is at Southern Methodist University. “The reality is I gave them some money,” says Sorrels, who gave HBU an undisclosed donation to the school to provide lights and new stands for the soccer field. “And we’ve played two games under the lights, and the stands were full,” says Sorrels, who once served as an assistant soccer coach for the school after graduation. He also met his future law partner, Benny Agosto Jr., on the HBU soccer team. “It’s a great spirit for the school,” Sorrels says of the soccer games.
-- John Council

St. Mary’s Law recognized for serving the poor

Colleen McGushin — Wed, 18 Nov 2009 11:00:35 -0600

The Texas Access to Justice Commission (TAJC) in Austin recently gave St. Mary’s University School of Law its 2009 Law School Commitment to Service Award in recognition of the school’s efforts in serving the poor. “We are very passionate about providing services to the community and particularly to those members of the community who can’t get legal services anywhere else,” says Ana M. Novoa, associate dean for clinical education and public interest for the San Antonio law school. Novoa notes that working with homeless people, for example, presents unique challenges for volunteer attorneys. “They won’t come into the office, they don’t have telephones and they don’t have places where you can send mail,” she says. “We focus on the populations that are difficult for other people to service.” The law school’s Center for Legal and Social Justice includes three clinical programs that handled 1,465 cases and served 2,700 people during 2008, Novoa says. “During that calendar year we obtained $22,089 in monthly benefits and $295,026 in lump sum benefits for our clients, most of whom were homeless,” she says. The clinical programs represent clients in matters including family law issues; Social Security disability claims; consumer claims including identity theft, misdemeanors and low grade felonies; and deportation proceedings, Novoa says. The TAJC’s award, which was presented to St. Mary’s law school on Nov. 16, recognizes an American Bar Association-accredited Texas law school for advocating for underserved populations and providing pro bono legal service opportunities to its students, according to information on the TAJC Web site. Another criteria considered by the TAJC is the number of the law school’s legal services student groups. “We are passionate about teaching our students not just law, but how to practice law, and in a way that recognizes and supports the enormous need there is for legal services in the community,” she says.

-- Jeanne Graham

El Paso’s new county attorney will do double duty

Colleen McGushin — Tue, 17 Nov 2009 11:27:17 -0600

Jo Anne Bernal (pictured), El Paso’s first female county attorney, says she plans to save the county money by not having a first assistant. That means Bernal will not be replacing herself. Bernal previously served as first assistant in the County Attorney’s Office, where she has been employed since October 1993. “The county of El Paso is experiencing a real budget crisis,” Bernal says, noting that a hiring freeze has been in effect for the past year. Bernal says she plans to perform her old duties as the first assistant as well as her new duties as county attorney. Elhiu Dominguez, public affairs officer for the County Attorney’s Office, says the El Paso County Commissioners Court voted 3-2 Monday to appoint Bernal to replace Jose R. Rodriguez, who announced Nov. 8 that he is a candidate for the Democratic nomination for the District 29 seat in the Texas Senate. State Sen. Eliot Shapleigh, D-El Paso, announced in October that he would not be a candidate for re-election. Bernal says that 120th District Judge Maria Salas Mendoza administered the oath of office to her during a private ceremony Monday night in Bernal’s mother’s home. In a second ceremony today, 65th District Judge Yahara Lisa Gutierrez administered the oath of office to Bernal and to all the lawyers and investigators in the county attorney’s office. Bernal says she will be a candidate for county attorney in the March 2010 Democratic primary. Dominguez says Bernal’s appointed term expires in November 2010.
-- Mary Alice Robbins

This Week in Texas Lawyer

Colleen McGushin — Tue, 17 Nov 2009 02:00:00 -0600

One year later: Research editor Jeanne Graham checks in with five law grads from the class of 2008. Readers met Ronn Paiz Garcia (pictured) last year, along with four other then-newbie lawyers. Now that some time has passed, they share the second chapters in their stories.

This is going to pinch a little: Senior reporter John Council rolls up his sleeves to find out why a 2nd Court of Appeals ruling on blood draws by police in DWI arrests doesn't stanch the flow of questions.

Disclosure: Senior reporter Mary Alice Robbins hears from lawyers who spoke at public hearings on whether attorneys should have to reveal whether they carry professional liability insurance.

Approach the bench: Senior reporter John Council finds out what lawyer behavior drives Judge George Gallagher (pictured) crazy.

War is hell: And it can spawn litigation. Reporter Miriam Rozen talks with Houston lawyers who have carved out a niche in cases related to the Iraq war.

We're No. 1: Research editor Jeanne Graham looks at which Texas schools topped the state's bar passage rates.

Inadmissible. Newsmakers. VerdictSearch. Discipline.

Streamline your day: You, your paralegal and your secretary all need to read the Assistant-at-Law's tips on using Outlook to save time.

Former state legislator Rick Green running for high court

Colleen McGushin — Mon, 16 Nov 2009 14:52:20 -0600

Dripping Springs solo Rick Green (pictured), a former member of the Texas House of Representatives, is running for the Place 3 seat on the Texas Supreme Court. Green, who served in the Texas House from 1999 through 2003, has scheduled the kickoff for his campaign at 6 p.m. today in Kyle. Green, who will be a candidate in the March 2010 Republican primary, did not immediately return a telephone call for comment. Justice Harriet O'Neill announced Aug. 6 that she will not seek re-election. Since O’Neill made her announcement, justices on four intermediate appellate courts have announced as Republican candidates for her seat: Justices Rebecca Simmons, San Antonio’s 4th Court of Appeals; Jim Moseley, Dallas’ 5th Court of Appeals; Rick Strange, Eastland’s 11th Court of Appeals; and Jeff Brown, Houston’s 14th Court of Appeals.
-- Mary Alice Robbins

Mina Brees’ death ruled a suicide

Colleen McGushin — Mon, 16 Nov 2009 14:09:37 -0600

Brenda Bock, coroner in Grand County, Colo., today announced in a news release that she has ruled the death of Austin solo Mina Brees as a suicide. Bock declines comment on the ruling. Brees, the mother of New Orleans Saints quarterback Drew Brees, died Aug. 7 at a residence in Granby, Colo. According to Bock’s news release, an autopsy and investigation found that Brees’ death was “attributed to ingestion of a large quantity of prescription medications." At the time of Brees’ death, the Texas Office of the Attorney General was investigating her and a company called Chicksports Inc. in connection with letters sent to Austin and Houston restaurants offering to sell them the rights to their business names. On Aug. 4, the OAG sent a civil investigative demand — similar to a subpoena — to Brees, requiring her to furnish all material she had with regard to the letters. As noted in the CID, Brees had until Aug. 11 to produce the material.
-- Mary Alice Robbins

CCA Presiding Judge Sharon Keller swears in son

Colleen McGushin — Mon, 16 Nov 2009 13:58:47 -0600

Texas Court of Criminal Appeals Presiding Judge Sharon Keller today swore in her son, 28-year-old Temple Keller, as a new lawyer during a ceremony in the CCA courtroom. Before administering the oath, Sharon Keller asked a question that any mother might ask: “Is anybody going to mind if I take a picture?” Temple Keller is an associate with Hulsey Intellectual Property Lawyers in Austin. Also sworn in during the same ceremony were CCA briefing attorneys Lisa Wischkaemper, Maine Goodfellow, Russell Lorfing and Julie Urice.
-- Mary Alice Robbins

New interim law school dean at Thurgood Marshall

Colleen McGushin — Fri, 13 Nov 2009 13:29:06 -0600

Dannye R. Holley spoke with Tex Parte about his appointment Sept. 1 as interim dean at Texas Southern University Thurgood Marshall School of Law in Houston. “I made a decision after a lot of reflection to take on the interim deanship,” says Holley, who has been a law school faculty member for 32 years and teaches courses on criminal law, criminal procedure and evidence. “I’m doing it right now because my colleagues asked me to and I thought it was a good idea as a bridge to the law school’s next era. I haven’t decided if I will apply for the permanent job.” Holley says that the university appointed a search committee yesterday (Nov. 12) to conduct a national search for a permanent law school dean. He says that former Dean McKen V. Carrington remains a member of the law school faculty and is teaching this semester. Holley says the change in leadership at the law school was a decision made by TSU president John M. Rudley and Sunny E. Ohia, provost and vice president for academic affairs/research. Rudley and Ohia were not immediately available for comment.
-- Jeanne Graham

Judge tosses out compensatory damages against parole chief

Colleen McGushin — Fri, 13 Nov 2009 11:00:06 -0600

Texas Board of Pardons and Paroles chairwoman Rissie Owens won’t have to pay $21,250 in damages to parolee Ray Curtis Graham under a judgment signed Nov. 10 by U.S. District Judge Sam Sparks of the Western District of Texas in Austin. In January 2008, Graham filed a civil rights suit against Graham, Stuart Jenkins, director of the Texas Department of Criminal Justice parole division, all members of the parole board and several parole commissioners. Graham, who has never been convicted of a sex-related offense, alleged in his first amended complaint in Graham v. Owens, et al., filed Feb. 4, 2008, that parole officials denied him procedural due process before imposing sex offender conditions on him as part of his parole requirements. In August, Sparks declared a mistrial in Graham but held in an Aug. 6 order that the defendants had violated Graham’s constitutional procedural due-process rights. Sparks wrote in the Aug. 6 order that the defendants failed to afford Graham an appropriate hearing or make an explicit finding that Graham is a threat to society because of his “lack of sexual control.” [See “Court Finds Sex Offender Conditions Violate Due Process Rights,” Texas Lawyer, Aug. 17, 2009, page 1] A jury considered damages for Graham in an October trial and returned the verdict against Owens on Oct. 8. In his Nov. 10 judgment, Sparks wrote that Owens lacks personal liability under 42 U.S.C. §1983. However, Sparks criticized Owens in an order issued with the judgment. “The Court finds it deeply concerning that the Chairperson of the Board would take so little personal initiative to ensure important constitutional rights are protected by the agency she represents, even after numerous warnings,” Sparks wrote in the order. But Sparks also wrote in the order that Owens’ “inaction, however obtuse, does not make her personally liable in this case.” Sparks wrote that the “deliberate indifference” theory on which the verdict was based was not properly before the jury, because it was not pleaded by Graham or tried by consent. Richard Gladden, one of Graham’s attorneys, disagrees. Gladden, of counsel at Jackson & Hagen in Denton, says the defense did not object to Graham’s evidence that Owens was deliberately indifferent with regards to Graham’s rights. “We will be asking the judge to reconsider his ruling that the issue of her [Owens] deliberate indifference was not tried by implied consent,” Gladden says. Gladden says Graham, as the prevailing party in the civil rights suit, will receive attorneys’ fees, which Sparks had estimated in August would be about $100,000. Jerry Strickland, spokesman for the Texas Office of the Attorney General, which represents Owens, wrote in an e-mail that the OAG will have no comment on the case.
-- Mary Alice Robbins