Defendant's Notice of Designation of Independent Counsel

    JAMAIL & KOLIUS 

ATTORNEYS AT LAW 

ONE ALLEN CENTER 
JOSEPH D. JAMAIL 500 Da S STREET SUITE G404 DAHR JAMAIL 

GUS KOLIUS 

DAVID J. BEBOUT HOUSTON, TEXAS 77002-4793 

JANET PIGNATARO EVANS (713) 651-3000 NAT B. KING 

FRANK M. STAGGS, JR. COUNSEL 

FAX (713) 6851-1957 

April 1, 1993 

Honorable Gilbert F. Ganucheau 

Cierk, United States Court of Appeals 
For the Fifth Circuit 

109 U.S. Court of Appeals Courthouse 
600 Camp Street 

New Orleans, Louisiana 70130 

RE: League of United Latin American Citizens, et al Plaintiffs- Appelless v. Attorney 
General of Texas et al, Defendants- Appellants 

Dear Mr. Ganucheau: 

Enclosed please find Defendant’s Notice of Designation of Independent Counsel for 
filing in the above referenced case. By way of copy I am forwarding same to all counsel of — 
record. 

Thank you for your attention to this matter. 

Very truly yours, 

~~) 7) 

JJ/tps 

cc: Honorable Dan Morales 

William L. Garrett 

Sherrilyn A. Ifill 

Edward B. Cloutman III 

J. Eugene Clements 

Rolando Rios 

 



  

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Gabrielle K. McDonald 

E. Brice Cunningham 
Robert H. Mow, Jr. 

Jessica Dunsay Silver 

Seagal V. Wheatly 
Tom Maness 

 



  

UNITED STATES COURT OF APPEALS 

FIFTH CIRCUIT 

LEAGUE OF UNITED LATIN 
AMERICAN CITIZENS, et al 
Plaintiffs- Appellees, 

VS. No. 90-8014 

ATTORNEY GENERAL OF TEXAS, 

et al Defendants- Appellants LO
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DEFENDANT’S NOTICE OF DESIGNATION OF INDEPENDENT COUNSEL 
  

TO THE HONORABLE COURT OF APPEALS: 

NOW COMES Thomas R. Phillips ("Phillips"), Chief Justice of the Supreme Court 

of Texas and, as Chairman of the Judicial Districts Board of Texas, defendant herein, and 

files this Notice of Designation of Independent Counsel in the above-referenced and 

numbered cause, and would respectfully show the Court as follows: 

I. 

Throughout this litigation, Defendant Phillips has been represented by the Honorable 

Dan Morales, Attorney General for the State of Texas. However, a conflict in that 

representation has arisen by virtue of the fact that Attorney General Morales, without 

consultation with or notice to Phillips, has signed a so-called "Settlement Agreement” with 

the Plaintiffs-Appellees in this case and has filed with this Honorable Court a Notice of 

Action Toward Resolution of Appeal. Defendant Phillips objects to this action not only 

because he was not consulted regarding it, but also because he believes that the Settlement 

 



  

Agreement is not justified under the law of the State of Texas and is not good public policy 

for the State of Texas. Phillips has in the past opposed such a settlement in general (see 

Exhibit A attached hereto) and now opposed the current "Settlement Agreement” in 

particular. Thus, the Attorney General lacks authority to present this Settlement Agreement 

to this Honorable Court on behalf of Defendant Phillips. 

II. 

For these reasons, Attorney General Morales no longer represents Phillips’ legitimate 

interests, views and desires. Thus, there is a conflict of interest between Phillips, the client, 

and Attorney General Morales, his lawyer. 

III. 

Defendant Phillips has previously informed the Attorney General of his intent to 

engage Joseph D. Jamail of Jamail & Kolius, 500 Dallas, Suite 3434, Houston, Texas 77002, 

as his independent counsel, at no cost to the State, so as to protect Defendant Phillips’ right 

to legal representation that will maintain a truly adversarial relationship between the parties 

and guarantee that Phillips’ legal positions are fairly, energetically and independently carried 

forward. 

IV. 

Defendant Phillips hereby notifies this Honorable Court of the designation of Joseph 

D. Jamail as his independent counsel in this cause to carry forward his legal positions in this 

case. 

 



  

Respectfully submitted, 

  

Jamail & Kolius 

500 Dallas, Suite 3434 

Houston, Texas 77002 

(713) 651-3000 

INDEPENDENT COUNSEL FOR 

DEFENDANT THOMAS R. PHILLIPS, 

CHIEF JUSTICE OF THE SUPREME 

COURT OF TEXAS AND CHAIRMAN 

OF THE JUDICIAL DISTRICTS 
BOARD 

Certificate of Service 

I certify that on the 22 ie of April, 1993, I sent a copy of the foregoing 
document by first class United States mail, postage prepaid to each of the following: 

  

Honorable Dan Morales Rolando Rios 

Attorney General Milam Building, Suite 1024 
Price Daniel, Sr. Building 115 E. Travis Street 

Austin, Texas 78701 San Antonio, Texas 78205 

William L. Garrett Gabrielle K. McDonald 

Garrett, Thompson & Chang 7800 N. Mopac, Suite 215 

8300 Douglas, Suite 800 Austin, Texas 78750 
Dallas, Texas 75225 

Sherrilyn A. Ifill Edward B. Cloutman 
NAACP Legal Defense & Educational 3301 Elm Street 
Fund, Inc. Dallas, Texas 75226-1637 
99 Hudson Street, 17th Floor 

New York, New York 10013 

 



  

J. Eugene Clements E. Brice Cunningham 
Porter & Clements 777 South R.L. Thornton Frwy, Suite 121 
3500 NCNB Center Dallas, Texas 75203 

P. O. Box 4744 

Houston, Texas 77210-4744 

Robert H. Mow, Jr. Jessica Dunsay Silver 

Hughes & Luce Department of Justice 
1717 Main Street, Suite 2800 P. O. Box 66078 

Dallas, Texas 75201 Washington, D.C. 20035-6078 

Seagal V. Wheatly Tom Maness 
Wheatly & Sharpe Jefferson County Courthouse 
Frost Bank Tower, Suite 1650 Beaumont, Texas 77701 

100 West Houston 

San Antonio, Texas 78205