Appellants Presiding Judges' Notice of Designation of Independent Counsel

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

NO. 90-8014 

  

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 

COUNCIL NO. 4434, 

Plaintiffs-Appellees 

VS. 

WILLIAM P. CLEMENTS, ETC., ET AL., 

Defendants 

  

APPEAL FROM THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

  

APPELLANTS PRESIDING JUDGES' NOTICE OF 

DESIGNATION OF INDEPENDENT COUNSEL 
  

TO THE HONORABLE JUDGES OF SAID COURT: 

NOW COMES The Honorable Ron Chapman, The Honorable Thomas J. 

Stovall, Jr., The Honorable B. B. Schraub, The Honorable John 

Cornyn III, The Honorable Darrell Hester, The Honorable Sam M. 

Paxson, The Honorable Weldon Kirk, and The Honorable Jeff Walker, 

("Presiding Judges"), Presiding Judges of Administrative Judicial 

Regions, Members of the Judicial Districts Board, and Appellants 

herein, and file this Notice of Designation of Independent Counsel 

in the above-styled and numbered cause, and would respectfully show 

the Court as follows:  



  

I. 

The Presiding Judges have heretofore informed their attorney 

of record, the Honorable Jim Mattox, Attorney General of the State 

of Texas, of their opposition to his conduct in this litigation, 

and in particular to his settlement negotiations and attempted 

modification of the Order entered by the District Court below. 

Nevertheless, the Attorney General proceeded in private 

negotiations on his own behalf, acting solely in his capacity as 

Attorney General and as a Defendant in this lawsuit, and not as 

counsel for the Presiding Judges. 

11. 

Attorney General Mattox has refused to represent the Presiding 

Judges' legitimate interest, views and desires in a truly adversary 

manner. In the course of this litigation, the Attorney General has 

made agreements without his clients' knowledge or consent, has 

failed to inform the Presiding Judges of important developments, 

and has engaged in private negotiations with the Plaintiffs 

resulting in compromises and agreements unacceptable to the 

Presiding Judges. The Attorney General has not afforded the 

Presiding Judges the same diligent and faithful representation to 

which a client is entitled, and has failed to adequately represent 

his clients' interests herein. The Attorney General is a candidate 

for Governor, and in the context of his political campaign the 

Attorney General has publicly stated that he is opposed to the 

 



  

present system of electing judges at the same time he is purporting 

to represent to the Presiding Judges in defending that very system. 

There thus exists a conflict of interest between the Presiding 

Judges, the clients, and Mattox, the lawyer. In sum, Mattox has 

preached his clients' trust and instructions and has substituted 

his personal views for those of his clients to placate Plaintiffs’ 

wishes and advance his own political agenda. 

Jil. 

The Presiding Judges have previously informed the Attorney 

General of their opposition to his conduct in this litigation. 

The Presiding Judges have also requested the Attorney General to 

authorize the Presiding Judges to engage R. James George, Jr. and 

John M. Harmon of the firm of Graves, Dougherty, Hearon & Moody, 

as their independent counsel. Having received no satisfactory 

response, and in order to protect the Presiding Judges' right to 

legal representation that will maintain a truly adversarial 

relationship between the parties and guarantee that the Presiding 

Judges legal positions are fairly, energetically, and 

independently carried forward, the Presiding Judges have retained 

said attorneys to represent their interests at no expense to the 

State. 

 



Iv. 

The Presiding Judges hereby notify this Honorable Court of the 

designation of R. James George, Jr. and John M. Harmon as their 

independent counsel in this cause. 

Respectfully submitted, 

GRAVES, DOUGHERTY, HEARON & MOODY 

2300 NCNB Tower 

515 Congress Avenue 

Post Office Box 98 
Austin, Texas 78767 

(512) 480-5600 

R. Jap@s George, Ar. 14) ¢ 
State Bay No. 07€10000 

INDEPENDENT COUNSEL FOR THE 

PRESIDING JUDGES 

  

CERTIFICATE OF SERVICE 

By my signature below, I do hereby certify to the Court that 

a true and correct copy of this document and any dT Te 

been sent by Federal Express or hand delivery, on this ay 

of February, 1990, to all counsel of i 

J Ce snes, ix. J 
  

F:\jmharmon\10752.1\counsel.mot  



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

NO. 90-8014 

  

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 

COUNCIL NO. 4434, 

Plaintiffs-Appellees 

VS. 

WILLIAM P. CLEMENTS, ETC., ET AL., 

Defendants 

  

APPEAL FROM THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

  

APPELLANTS PRESIDING JUDGES' NOTICE OF 

DESIGNATION OF INDEPENDENT COUNSEL 
  

TO THE HONORABLE JUDGES OF SAID COURT: 

NOW COMES The Honorable Ron Chapman, The Honorable Thomas J. 

Stovall, Jr., The Honorable B. B. Schraub, The Honorable John 

Cornyn III, The Honorable Darrell Hester, The Honorable Sam M. 

Paxson, The Honorable Weldon Kirk, and The Honorable Jeff Walker, 

("Presiding Judges"), Presiding Judges of Adniniztrative Judicial 

Regions, Members of the Judicial Districts Board, and Appellants 

herein, and file this Notice of Designation of Independent Counsel 

in the above-styled and numbered cause, and would respectfully show 

the Court as follows: 

 



  

I. 

The Presiding Judges have heretofore informed their attorney 

of record, the Honorable Jim Mattox, Attorney General of the State 

of Texas, of their opposition to his conduct in this litigation, 

and in particular to his settlement negotiations and attempted 

modification of the Order entered by the District Court below. 

Nevertheless, the Attorney General proceeded in private 

negotiations on his own behalf, acting solely in his capacity as 

Attorney General and as a Defendant in this lawsuit, and not as 

counsel for the Presiding Judges. 

11. 

Attorney General Mattox has refused to represent the Presiding 

Judges' legitimate interest, views and desires in a truly adversary 

manner. In the course of this litigation, the Attorney General has 

made agreements without his clients' knowledge or consent, has 

failed to inform the Presiding Judges of important developments, 

and has engaged in private negotiations with the Plaintiffs 

resulting in compromises and agreements unacceptable to the 

Presiding Judges. The Attorney General has not afforded the 

Presiding Judges the same diligent and faithful representation to 

which a client is entitled, and has failed to adequately represent 

his clients' interests herein. The Attorney General is a candidate 

for Governor, and in the context of his political campaign the 

Attorney General has publicly stated that he is opposed to the 

 



  

present system of electing judges at the same time he is purporting 

to represent to the Presiding Judges in defending that very system. 

There thus exists a conflict of interest between the Presiding 

Judges, the clients, and Mattox, the lawyer. In sum, Mattox has 

breached his clients' trust and instructions and has substituted 

his personal views for those of his clients to placate Plaintiffs’ 

wishes and advance his own political agenda. 

III. 

The Presiding Judges have previously informed the Attorney 

General of their opposition to his conduct in this litigation. 

The Presiding Judges have also requested the Attorney General to 

authorize the Presiding Judges to engage R. James George, Jr. and 

John M. Harmon of the firm of Graves, Dougherty, Hearon & Moody, 

as their independent counsel. Having received no satisfactory 

response, and in order to protect the Presiding Judges' right to 

legal representation that will maintain a truly adversarial 

relationship between the parties and guarantee that the Presiding 

Judges legal positions are fairly, energetically, and 

independently carried forward, the Presiding Judges have retained 

said attorneys to represent their interests at no expense to the 

State. 

 



  

Iv. 

The Presiding Judges hereby notify this Honorable Court of the 

designation of R. James George, Jr. and John M. Harmon as their 

independent counsel in this cause. 

Respectfully submitted, 

GRAVES, DOUGHERTY, HEARON & MOODY 

2300 NCNB Tower 

515 Congress Avenue 

Post Office Box 98 
Austin, Texas 78767 
(512) 480-5600 

R. Jamés George, Ar. 0 4 
State Bay No. 07€10000 

INDEPENDENT COUNSEL FOR THE 

PRESIDING JUDGES 

  

CERTIFICATE OF SERVICE 

By my signature below, I do hereby certify to the Court that 

a true and correct copy of this document and any TT 

been sent by Federal Express or hand delivery, on this [3 ay 

of February, 1990, to all counsel of cord. 

  

F:\jmharmon\10752.1\counsel .mot 

 



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

NO. 90-8014 

  

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, 

COUNCIL NO. 4434, 

Plaintiffs-Appellees 

VS. 

WILLIAM P. CLEMENTS, ETC., ET AL., 

Defendants 

  

APPEAL FROM THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

  

APPELLANTS PRESIDING JUDGES' NOTICE OF 

DESIGNATION OF INDEPENDENT COUNSEL 
  

TO THE HONORABLE JUDGES OF SAID COURT: 

NOW COMES The Honorable Ron Chapman, The Honorable Thomas J. 

Stovall, Jr., The Honorable B. B. Schraub, The Honorable John 

Cornyn Ill, The Honorable Darrell Hester, The Honorable Sam M. 

Paxson, The Honorable Weldon Kirk, and The Honorable Jeff Walker, 

("Presiding Judges"), Presiding Judges of Administrative Judicial 

Regions, Members of the Judicial Districts Board, and Appellants 

herein, and file this Notice of Designation of Independent Counsel 

in the above-styled and numbered cause, and would respectfully show 

the Court as follows: 

 



  

I. 

The Presiding Judges have heretofore informed their attorney 

of record, the Honorable Jim Mattox, Attorney General of the State 

of Texas, of their opposition to his conduct in this litigation, 

and in particular to his settlement negotiations and attempted 

modification of the Order entered by the District Court below. 

Nevertheless, the Attorney General proceeded in private 

negotiations on his own behalf, acting solely in his capacity as 

Attorney General and as a Defendant in this lawsuit, and not as 

counsel for the Presiding Judges. 

11. 

Attorney General Mattox has refused to represent the Presiding 

Judges' legitimate interest, views and desires in a truly adversary 

manner. In the course of this litigation, the Attorney General has 

made agreements without his clients' knowledge or consent, has 

failed to inform the Presiding Judges of important developments, 

and has engaged in private negotiations with the Plaintiffs 

resulting in compromises and agreements unacceptable to the 

Presiding Judges. The Attorney General has not afforded the 

Presiding Judges the same diligent and faithful representation to 

which a client is entitled, and has failed to adequately represent 

his clients' interests herein. The Attorney General is a candidate 

for Governor, and in the context of his political campaign the 

Attorney General has publicly stated that he is opposed to the 

 



  

present system of electing judges at the same time he is purporting 

to represent to the Presiding Judges in defending that very system. 

There thus exists a conflict of interest between the Presiding 

Judges, the clients, and Mattox, the lawyer. In sum, Mattox has 

breached his clients' trust and instructions and has substituted 

his personal views for those of his clients to placate Plaintiffs’ 

wishes and advance his own political agenda. 

111. 

The Presiding Judges have previously informed the Attorney 

General of their opposition to his conduct in this litigation. 

The Presiding Judges have also requested the Attorney General to 

authorize the Presiding Judges to engage R. James George, Jr. and 

John M. Harmon of the firm of Graves, Dougherty, Hearon & Moody, 

as their independent counsel. Having received no satisfactory 

response, and in order to protect the Presiding Judges' right to 

legal representation that will maintain a truly adversarial 

relationship between the parties and guarantee that the Presiding 

Judges" legal positions are fairly, energetically, and 

independently carried forward, the Presiding Judges have retained 

said attorneys to represent their interests at no expense to the 

State. 

 



  

IV. 

The Presiding Judges hereby notify this Honorable Court of the 

designation of R. James George, Jr. and John M. Harmon as their 

independent counsel in this cause. 

Respectfully submitted, 

GRAVES, DOUGHERTY, HEARON & MOODY 

2300 NCNB Tower 

515 Congress Avenue 

Post Office Box 98 
Austin, Texas 78767 

(512) 480-5600 

R. Japés George, Ar. 4, f 
State Bay No. 07610000 

INDEPENDENT COUNSEL FOR THE 
PRESIDING JUDGES 

  

CERTIFICATE OF SERVICE 

By my signature below, I do hereby certify to the Court that 

a true and correct copy of this document and any Pi TT vi 

been sent by Federal Express or hand delivery, on this [2 ay 

of February, 1990, to all counsel of cord. 

ies. 
Rafi gues SH wi ix. 
  

F:\jmharmon\10752.1\counsel .mot