Peacemaker Awards

I attended the Peacemakers Awards Gala on Friday, thanks to San Antonio attorney Michael Black of Burns & Black P.L.L.C.. His firm paid for a table at the event and one of the attorneys there gave my co-blogger James Rodriguez some tickets to the awards banquet, and I tagged along. We shared the table with attorney Ted Lee of the intellectual property firm Gun & Lee P.C., along with some members of the St. Mary's School of Law Student Bar Foundation.

The event, of course, benefits the San Antonio Bar Foundation, and this 2009 its 25th year of existence. The point of the evening (other than eating, drinking, and socializing) was to announce the 2009 Flight of Peace Peacemaker Awards:

• Peacemaker Award: San Antonio Food Bank
  
• Carolyn Thurmond Community Service Award: Thomas J. Smith
  
• Business Community Service Award: Richard H. "Rick" Cavender
  
• Outstanding School Peer Mediation Program Award: Encino Park Elementary School

There were several judges in attendance, and I saw a bunch of people I knew from the San Antonio Young Lawyers Association, the Bexar County Women's Bar Association, , a few classmates I graduated with and some of my professors, along with some other local lawyers , including Nancy Shivers of Shivers & Shivers and mediator Dan Naranjo. All in all, it was a fun evening.

Statesman Article on George Trip

The Austin American-Statesman interviewed St. Mary's law school Assistant Professor Cheryl George and her 10-year-old son Gabriel about their trip to Washington, D.C. to promote awareness of sickle cell disease. From the Statesman article:

Last week, Gabriel, his mother and sickle cell advocates visited President Barack Obama in the Oval Office to discuss the disease.

"He was very nice and he was funny," Gabriel said of Obama. "He joked about things. He gave me a postcard and he signed it."

Professor George Goes to Washington

St. Mary's law school Assistant Professor Cheryl George and her son Gabriel recently traveled to Washington, D.C., to spread awareness about sickle cell disease--and they met the President of the United States while they were in town.

Prof. George emails that not only did they visit the offices of U.S. Rep. Sheila Jackson Lee of Houston, Rep. Barbara Lee of California, and members of Congress from Illinois and from the Virgin Islands:

But we met with President Obama for 10-15 minutes in the Oval Office. He joked with Gabriel about the gifts we gave he and his family. He was INCREDIBLY kind and took his time talking to Gabriel.

The proud mom also said the Austin American-Statesman interviewed them about the trip; we should see an article in the paper this Sunday. She said in her email about the meeting:

It was a HUGE blessing!!!

God is incredibly GOOD!!! :)

George has wanted to meet Barack Obama for more than a year, since the 10-year-old predicted Obama's election victory back in February 2008. Congrats to the George family!

Can I Get a Witness? (URGENT)

Just got this email from SAYLA president Sam Houston (minor editing and some linkage by yours truly):

The Texas Young Lawyers Association and the American College of Trial Lawyers are proud to host the 34th Annual National Trial Competition, which will be held in the great city of San Antonio, Texas. The competition is the preeminent mock trial competition in the country.

We need additional WITNESSES especially for tomorrow, Thursday, March 25, 2009. (Witnesses need not be licensed attorneys.) The witnesses in the competition are assigned a particular role as either a plaintiff or defense witness for the trial.

If you are interested in serving as a WITNESS in one or more of the championship rounds, please click on the following links. (Note the earlier starting time for witness preparation):

• Round 1: 8:00 a.m. to 12:00 p.m. on Thursday, March 26 - Click Here
• Round 2: 1:00 p.m. to 5:00 p.m. on Thursday, March 26 - Click Here
• Round 3: 8:00 a.m. to 12:00 p.m. on Friday, March 27 - Click Here
• Round 4: 1:00 p.m. to 5:00 p.m. on Friday, March 27 - Click Here

If you need more information about being a witness, please contact Alyssa Long (alyssajanelong**AT**yahoo**DOT**com) or Alfonso Cabanas (licabanas**AT**hotmail**DOT**com).

Sincerely,
Texas Young Lawyers Association
San Antonio Young Lawyers Association

The competition takes place tomorrow and Friday at the Bexar County Courthouse and Bexar County Justice Center. While there are enough attorneys to serve as judges, organizers still need volunteers (lawyers or nonlawyers) to act as witnesses during the various mock trial rounds. I served as a witness in a mock trial competition in law school, and it is a lot of fun, especially if you enjoy acting. If you're interested in helping out, follow the instructions above.

ADDENDUM: It looks like the afternoon slots for both days are filled up, so c'mon, all you morning people!

ADDENDUM II: I'm not a morning person, but I signed up as a witness for the Thursday morning round. See y'all there at 8 a.m.

Judge Keller Responds

Texas Criminal Court of Appeals Presiding Judge Sharon Keller responds to the charges filed against her by the State Commission on Judicial Conduct. Of particular interest, her response contains additional facts she claims were omitted in the commission's Notice of Formal Proceedings, including:

• Details of the executed man's crime from an Texas Attorney General media advisory.
• An assertion that the defendant "was not seeking on September 25, 2007, 'to avoid execution.' ... He merely wanted Texas not to 'include chemicals that are unnecessary to the effectuation of his death.'"
• The fact that the defendant "insisted on a trial but did not testify."
• A claim that the motion to stay the execution based on a new Supreme Court decision "was a simple document" that could have been filed as a four-sentence handwritten paragraph.
• The statement that "Judge Keller did not have a duty to do anything other than what she did, which was to answer a question about whether the clerk's office closes at 5 p.m."

Something else I found interesting: The judge says she is being denied her right to counsel because the Commission on Judicial Conduct won't pay her legal bills and the Texas Ethics Commission won't rule on whether she could get free or reduced-fee legal services from the hotshot lawyer who's defending her--especially when the CJC is paying an outside law firm $1 to prosecute her case.

(Note that another high ranking judge got in trouble for not reporting discounted legal services as campaign contributions.)

This puts Judge Keller between a rock and a hard place: "either defend herself pro se or risk a financially ruinous legal bill to defend against these charges which are without merit."

Shakeups at St. Mary's (2nd update)

While attending the SAYLA Counselors & Cocktails fundraiser Thursday night, I heard about some recent personnel changes at St. Mary's University School of Law, including some professors that might not be teaching next semester.

I haven't been able to confirm all the names mentioned, but after making some inquiries, I verfied the following:

• Sharon Breckenridge-Thomas, director of the Office of Academic Excellence and professor, said that she still has not yet heard whether her contract will be renewed. However, I found that the law school does have a nationwide advertisement seeking candidates for a very similar postion.
• On the staff side, Annette R. Wilson is no longer director of the law school's Career Services department. In her place, the office website lists Faye Bracey as the interim director.

There are two other individuals who may not be back to teach at St. Mary's; once I get them confirmed, I will update this post.

UPDATE: I spoke with one of the other individuals I heard about:

• Assistant Professor Cheryl George, who teaches educational law and criminal law, is under consideration by the law school's faculty senate tenure committee, but she told me that she doesn't think she is at liberty to talk about her situation. She said she will let me know what happens.

SECOND UPDATE: I talked to the final individual I had been trying to reach:

• Roseanne Piatt, an instructor at St. Mary's for 10 years, also did not have her contract renewed. This comes as no surprise; she is the wife of former law school dean Bill Piatt, who had his share of controversy and later was ousted as dean (unjustifiably, in my opinion, since St. Mary's bar passage rate increased while he was dean). Bill Piatt remains on the St. Mary's faculty, since he has tenure.

Roseanne Piatt told me she received high evaluations from law students who took her classes, and students held a rally on her behalf recently. She said she will do what she can to convince administrators to change their minds. Meanwhile, she plans to stay in San Antonio.

DISCLOSURE: While a law student at St. Mary's, I took classes from all three of the professors/instructors I mentioned above.

Lessons Learned- Diana Minella and Taking Responsibility: Part 1

The heat surrounding the recent "scamming" of several hundred traffic ticket clients by attorney Diana Minella seems to have died down recently with lots of questions left hanging in the wind. The natural question - "How could this have happened?" - expresses only a small portion of the outrage felt by clients and attorneys alike, but does it also indicate a need to rethink the attorney-client relationship? Should clients, much as patients are now being urged to do with their doctors, take more "ownership" over their legal problems? 

As an attorney, I am left conflicted regarding these basic questions. You see, I was there in the Municipal Courts for two days in January, struggling to undo what had been done, trying to repair the damage done to our profession by volunteering my time and efforts toward helping Minella's clients fix what really couldn't be fixed. Was I a knight in shining armor - a champion of truth, justice and the American way - coming to the rescue of these veritable damsels in distress, righting their wrongs with the silver sword of a legal professional? Or was I just another suit, shucking and jiving to distract these poor people from an inherent problem in attorney-client relationships? As with most of our work, the real answer probably lies somewhere in the middle.

(To Be Continued)

Traffic Ticket CLE

It's not high-profile, but plenty of attorneys take on cases involving traffic citations. And in wake of the lawyer who left her clients in the lurch because she ignored their traffic tickets, the City of San Antonio is conducting a free one-hour CLE on "Municipal Court Rules Regarding Attorney Representation of Clients with Traffic Violations." The CLE takes place at 1 p.m. in the central jury room at the Cadena-Reeves Justice Center; see the SABA website for RSVP instructions.

Counselors & Cocktails

Don't forget, Thursday is SAYLA's Counselors & Cocktails. The event will take place at The Bushnell and benefits Special Olympics Texas and the San Antonio Young Lawyers Foundation.

March 2009 Events

(UPDATED 3-16)

First, Happy Texas Independence Day! (And here's hoping that the state will soon allow the sale of fireworks to commemorate this event.)

We've got a lot going on this month on the legal scene, including some low-cost CLEs, a golf tournament, and more:

MARCH 6: The San Antonio Bar Association's Litigation Section will conduct a two-hour CLE on "Changes that Could Affect Your Practice" at the Palm Restaurant downtown. Price: just $10. That's right: just ten bucks--the section will pick up the rest of the tab.

MARCH 17: The San Antonio Young Lawyers Association's monthly luncheon will take place at the usual spot, Paesano's Lincoln Heights near the Quarry.

MARCH 19: Also courtesy of SAYLA, Counselors & Cocktails, a benefit for Special Olympics and the San Antonio Young Lawyers Foundation, at The Bushnell in Monte Vista. The event includes hors d'ouevres, open bar and silent auction.

MARCH 20: The City of San Antonio will offer a free one-hour CLE regarding "New City of San Antonio Municipal Court Rules Regarding Attorney Representation of Clients with Traffic Violations" at the Cadena-Reeves Justice Center. One of the presenters is San Antonio's presiding municipal judge and the other is the city's lead prosecutor. I wonder if this CLE was spurred by the Diana Minella ticket fiasco?

MARCH 21: The Student Bar Association at St. Mary's School of Law is hosting the Law Open golf tournament at the Republic Golf Club. Donations and sponsorships are tax dedictible, and proceeds go to the SBA and the St. Mary's Law Fund. Entry fees and other information are listed on this brochure.

MARCH 24: The Fourth Court of Appeals will hold oral arguments in Kerr County and conduct a lunchtime CLE at the Inn of the Hills Resort and Conference Center. Lunch is $12; no charge for the CLE.

MARCH 26-27: The finals of the National Trial Competition for law students will take place at the Bexar County courthouse.

MARCH 27: The St. Mary's School of Law will hold its annual Homecoming CLE and Reunion, free to all law school alumni and friends. This event will offer CLEs on several subjects--some interesting titles include Terrorism, Crime & Business, Internet Legal Research, and Rising Epidemic of Childhood Obesity as a Form of Child Abuse--as well as lunch and a reception.

MARCH 27: The San Antonio Bar Association's monthly luncheon will take place at the Plaza Club. U.S. District Judge Xavier Rodriguez will be the guest speaker.

MARCH 27: The San Antonio Bar Foundation will hold its annual Peacemakers Awards Gala. The award winners have been picked, and they will receive recognition at this event. This year it will take place at the Grand Hyatt San Antonio on the Riverwalk. Click here for details on the Gala and ticket prices and availability.

If I missed anything, for this month, please let me know.

Help Needed at Mock Trial Finals

Law students from across the country will take part in the National Trial Competition finals next week at the Bexar County Courthouse, and the organizers still need volunteers to serve as witnesses and/or judges (judges must be licensed attorneys). The event will take place Thursday, March 26, and Friday, March 27; volunteers will be there for a half-day.

Attorneys who serve as judges become eligible for up to five CLE credit hours. To sign up as a judge or witness, click here and scroll down.

The competition is hosted by the Texas Young Lawyers Association and the American College of Trial Lawyers.

Busy Week in SAYLA

Tuesday is SAYLA's March luncheon, at Paesano's as usual.

On Thursday, don't forget SAYLA's Counselors & Cocktails, at The Bushnell.

Possible Criminal Charges in Traffic Ticket Fiasco

San Antonio police recommend charging the suspended lawyer in the traffic ticket mess. The Express-News quotes an assistant district attorney as saying detectives "brought a case of fiduciary misapplication" against Diana Minella, who clients say took their money and ignored their traffic tickets. Before taking her to court, however, the DA's office must follow up on the police investigation.

In the Texas Penal Code, Section 32.45 Misapplication of Fiduciary Duty definse this offense as "intentionally, knowingly, or recklessly misappl[ying] property [held] as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held." In Sabel v. State, an unpublished opinion from 2001, the Fourth Court of Appeals held that "In common parlance, one acts in a fiduciary capacity when the money or property that he handles is not his own or for his own benefit, but is for the benefit of another person."

According to the E-N story, the investigation mentions a loss of $20,000, meaning the crime is a state jail felony. The statute makes this crime a third-degree felony if the loss is between $20,000 and $100,000; a second-degree felony for loss from $100,000 to $200,000; and a first-degree felony if the loss totals $200,000 or more.

Hat tip: Man 'o Law.

On a related note, the City of San Antonio will offer a free continuing legal education course on representing clients with traffic tickets on March 20.

Changes on the Way

I attended the CLE on "Changes that Could Affect Your Practice" on Friday. I saw several former classmates of mine, a number of local county, district and appeals judges, and many local attorneys. It was great to get out and see some familiar faces and meet a few new people. The CLE itself was also worthwhile, addressing a possible revamp of the state's court structure.

The Lone Star State's court system can confuse even lawyers, with constitutional county courts, statutory county courts (county courts at law), justice of the peace courts, and district courts--with all sorts of overlapping jurisdiction. The details are laid out in a lengthy report by the Court Administration Task Force, which suggests several revisions to Texas courts.

Sen. Jeff Wentworth, one of the panelists, discussed Senate Bill 992, which would enact most of the report's recommendations. The 130-page legislation would, among other things, eliminate the patchwork court jurisdiction that gets added to each year by the legislature and create uniform jurisdiction for all courts, allowing local districts to decide whether to create special courts (the Senator noted that because the special district courts were added by the Lege in a piecemeal fashion, the bill has to go back in and change each court specifically--that's what gives the legislation its heft). The bill would also limit district courts to cases involving $10,000 or more, and put a cap of $200,000 on county court cases.

I haven't read the entire bill, but I have skimmed through most of the Court Administration Task Force Report, and it has some good suggestions. I want to blog about this in greater detail soon.

Meanwhile, there are more sweeping changes on the table, such as a change in rules for jurors and for justices of the peace, which I also plan to address at a later date.

Fourth Court Hits the Road

The Fourth Court of Appeals takes its show on the road, hearing oral arguments in Kerrville on March 24--one case in the morning and two more that afternoon, at the Kerr County Courthouse.

For those in the Hill Country, or those in San Antonio interested in making the drive, the Kerr County Bar Association will host a CLE with the justices from the Fourth Court during the court's lunch break. the one-hour presentation starts at noon in the Bluebonnet Room at the Inn of the Hills Resort and Conference Center located in Kerrville.

Get there at 11:30 to eat and sign in; the CLE starts at noon. Cost is $12 for lunch; the CLE is free. Anyone interested in attending should RSVP to Brett Ferguson, the Kerr County Bar Association secretary, at bferg[at]ktc[dot]com.

"Changes" CLE

Don't forget, on Friday the Litigation Section of the San Antonio Bar Association will present a two-hour CLE on "Changes That Could Affect Your Practice" from noon to 2 p.m. at the Palm Restaurant. From the SABA website (with links added by yours truly):

This seminar will provide a forum for attorneys to learn about and discuss what changes are being proposed by the Legislature and State Bar Litigation Section, and how such proposed changes will affect attorneys or their clients. [San Antonio state] Senator [Jeff] Wentworth has agreed to participate, subject to the Legislature’s schedule that day. Martha Dickie of Austin, Judge Ken Wise and Alistair Dawson of Houston are going to participate as speakers, while Lamont Jefferson will be the moderator, all of whom are members of the Court Administration Task Force and the State Bar Litigation Section. The charge is $10 for the CLE and lunch for members and non-members, with the Section paying the balance. All Bexar County Judges are invited free of charge.

New U.S. Attorney Candidates

Over at Grits for Breakfast, Scott Henson solicits rumors on who the Obama administration will pick for the top federal prosecutor slots in Texas.

He points to a Dallas Morning News article mentioning five candidates for the Northern District spot, but here in the Western District, there's just one name being floated: Travis County Attorney David Escamilla. He would replace current U.S. Attorney Johhny Sutton.

No mention of possible picks for the Eastern or Southern districts.