The Value of Service to the Local Bar: Spotlights on HBA Leaders from the Judiciary Journey to the Bench Judicial Mentoring The Judge/Clerk Relationship Landmark Cases in Houston Courts Reflections on Lessons Learned From nch Judicial Clerkships
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THE HOUSTON
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Volume 59 – Number 5
March/April 2022
Eric B. Williams II A 2022 National Jurist Law Student of the Year
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contents March/April 2022
Volume 59 Number 5
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FEATURES
Value of Service to the 10 The Local Bar: Spotlights on HBA Leaders from the Judiciary By Anna Archer
to the Bench 14 Journey Life is a Stairway: My Journey from Fifth Ward to Becoming a Judge By The Hon. Wanda Adams
Forging a Path Towards Fairness, Equal Access, and Justice for All By The Hon. Cheryl Elliott Thornton
Maintaining the Integrity of My Vision for the Judiciary
By The Hon. Natalia (Nata) Cornelio
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And Sow It Goes...
By The Hon. Joe Villarreal
The Honorable George C. Hanks, Jr.: Remaining Grounded Through Personal Relationships, Integrity, and Service By Rachel H. Stinson
The Value of Mentorship
By The Hon. Richard Hightower
Enhancing the Deliberative Process Through Increased Diversity on the Bench By The Hon. Amparo Monique Guerra
Mentoring 22 Judicial Molding Young Minds with Houston’s Teen Court
By The Hon. J. Elaine Marshall
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Why I’m Still Hanging Out with Law Students–Twenty Years Later
By The Hon. Christine Vinh Weems
Judges Making a Difference as Adjunct Professors By Scott Ellis
Mentoring 28 Judicial The Judge/Clerk Relationship Schmaltz at 515 Rusk Street By Michelle Gray
Reflections of a Former Federal Law Clerk By Chevazz G. Brown
The Joy of Clerking By Krisina Zuñiga
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Cases in Houston Courts 32 Landmark Rodriguez v. Sessions: Defending Religious Exercise to Keep a Family Together
By Juan Vasquez, Jr. and Victor J. Viser
Arkema Explosion Cases Demonstrate Need for Coordination on Both Sides of the V. By Lauren Brogdon
The Evolution of the Stowers Demand By Farrah Martinez
The Legal Aftermath of Enron and Arthur Andersen on the Accounting Profession
The Houston Lawyer
By Tim McInturf
on Lessons Learned 36 Reflections From Judicial Clerkships The Houston Lawyer (ISSN 0439-660X, U.S.P.S 008-175) is published bimonthly by The Houston Bar Association, 1111 Bagby Street, FLB 200, Houston, TX 77002. Periodical postage paid at Houston, Texas. Subscription rate: $12 for members. $25.00 non-members. POSTMASTER: Send address changes to: The Houston Lawyer, 1111 Bagby Street, FLB 200, Houston, TX 77002. Telephone: 713-759-1133. All editorial inquiries should be addressed to The Houston Lawyer at the above address. All advertising inquiries should be addressed to: QuantumSUR, 10306 Olympia Dr., Houston, TX 77042, 281-955-2449 ext 100, www.thehoustonlawyer.com, e-mail: leo@quantumsur.com. Views expressed in The Houston Lawyer are those of the authors and do not necessarily reflect the views of the editors or the Houston Bar Association. Publishing of an advertisement does not imply endorsement of any product or service offered. ©The Houston Bar Association/ QuantumSUR, Inc., 2022. All rights reserved.
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March/April 2022
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By Maggie Martin
Bar Foundation Presents 38 Houston Bill Kroger with Highest Honor and Welcomes Incoming Board
Annual John J. Eikenburg 39 37th Law Week Fun Run
contents March/April 2022
Volume 59 Number 5
departments
Message 6 President’s Houston’s Bench and Bar
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Come Together to Make Us “Stronger Together” By Jennifer A. Hasley
the Editor 8 From Finding Harmony and Strength
Within Houston’s Bench-Bar Relationship By Anietie Akpan
42 Law• Thein theSalesFamily Family
• The Anand Family
SPOTLIGHT 44 VETERAN • Rachel Collier • Daniel N. Ramirez By Anietie Akpan
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• Robert Devlin
Profile in professionalism 47 AHunter M. Barrow Shareholder, Andrews Myers, P.C.
THE RECORD 48 OFF Persevering Through Tragedy:
An Attorney’s Journey of Finding More Grace and Humanity in Law
By David T. López
Spotlight 49 Section Construction Section:
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Professionalism, Friendship, and Collaboration in the Age of COVID By Tiffany Harrod
Spotlight 50 Committee Lawyers for a Beautiful Houston
Tackle Trash and Graffiti on Brays Bayou By Amy Catherine Dinn
Memoriam 51 INA Tribute to the Life of the
Hon. Debra Ibarra Mayfield By The Hon. Eva M. Guzman
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legal trends
Recent Texas Constitutional 52 How Amendments Will Shape the Composition of Future Judicial Candidates By Matthew Kim
reviews 54 Media Second Edition of Award-Winning The Houston Lawyer
Book on Mediation Offers Timeless Advice Reviewed by David T. López
56 Litigation MarketPlace 4
March/April 2022
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president’s message By Jennifer A. Hasley Hasley Scarano, L.L.P.
Houston’s Bench and Bar Come Together to Make Us “Stronger Together”
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The Houston Lawyer
Our state, county, and municipal judges likewise open his issue of The Houston Lawyer recognizes some of their courts and give their time to support the bar. As presthe HBA members who have elevated to the bench ident of the HBA, I have been privileged to give remarks and, along with their commitment to a life of public at the investitures of Judge Cheryl Elliott Thornton and service, find ways to give back to the legal profesJudge Maritza Antu, as well as portrait unveilings hosted sion through mentorship and volunteerism. These by Judge Sonya Heath and Judge David L. Singer honorjudges remember that before they donned a black robe, they ing former judges of those same courts who were also HBA were lawyers. In addition to long days on the bench and members. The historic 1910 Courthouse is the countless hours spent pouring over briefs home to two state appellate courts presided and writing opinions, our judges provide judiover by Chief Justice Sherry Radack of the cial internships to law students, swear in newly licensed attorneys, give educational speeches We are one of First Court of Appeals and Chief Justice filled with practical advice, and often participate the best metro bar Tracy Christopher of the Fourteenth Court of Appeals, both of whom graciously agreed in bar activities. associations in the to be featured in the previous issue celebratThe HBA works with our federal, state, county, and municipal judges to preserve respect of country because ing women in the law. The HBA has more than thirty committhe courts and the rule of law, to set expectawe prioritize tees, twenty-six substantive law sections, tions of competence and professionalism, to collaboration and and three ancillary organizations which promote awareness and understanding of the legal system, and to provide legal resources for collegiality not only serve lawyers and the people of Harris County. One of the true advantages of HBA the public. We are one of the best metro bar asamong lawyers, service is getting to know our judges on a sociations in the country because we prioritize collaboration and collegiality not only among but also between personal basis. Judges and lawyers work lawyers, but also between the bench and bar. the bench side-by-side to plan and implement HBA programs and community events. These inOur judges are just about everywhere you and bar.” teractions allow judges and lawyers to inlook in Harris County. Judges can be found at crease the strength and visibility of the legal any one of the many courthouses, but they are profession and respect for the law. also seen out in our community. The federal judges of the During the 2021-2022 bar year, current and former judges United States Southern District of Texas and Court of Apserved on committees in both leadership roles and as volunpeals for the Fifth Circuit preserve the public’s trust, confiteers thoughtfully planning many of our important events dence, and understanding of the law by working with, and and outreach activities. Committee chairs representing the supporting, the professional development of the bar. For exjudiciary included Justice April L. Farris and Judge Kelli ample, at separate HBA Litigation Section luncheons, Chief Johnson (Criminal/Appellate Bench Bar), Judge Jason Cox United States District Judge Lee Rosenthal recently spoke and Judge Angela Graves-Harrington (Family/Probate on the bench-bar relationship, and Magistrate Judge AnBench Bar), Justice Sarah Beth Landau (County Law Lidrew Edison covered the law of eminent domain. Raising brary), Judge Latosha Lewis Payne (Harris County Bench the bar’s profile in the community, United States District Bar Pro Bono Awards), Justice Ken Wise (Historical), Judge Judge Keith Ellison graciously extended an invitation for Beau Miller and Judge Daryl Moore (LGBTQ+), former the HBA to participate in the first post-COVID, in-person Chief Justice Kem Frost and former Judge Erin Lunceford naturalization ceremony conducted by Magistrate Judge (Law Week), Justice Julie Countiss (Professionalism), Judge Dena Hanovice Palermo. 6
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Sarah Springer (Senior Lawyers), and Justice Frances Bourliot (Teach Texas). The two HBA bench bar conferences had full participation from the judiciary with lively panel discussions, excellent presentations, and record attendance. Additionally, lawyers and judges, including former Judge Marc C. Carter and former Judge Scott Link, have been teaming up at HBA events by teeing off together at the Golf Tournament, which raised money for the pro bono legal services provided by Houston Volunteer Lawyers; lining up for the John J. Eikenburg Law Week Fun Run, with a few including Judge Donna Roth, wearing customized t-shirts cleverly imprinted with “Running Objections”; going out to local schools for Teach Texas readings; and signing up first-year law students for summer internships through the Diversity, Equity & Inclusion program. Essays submitted as part of the HBA’s Law Day contest were actually judged by Justice Peter Kelly, Justice Jerry Zimmerer, Judge Janice Berg, Judge Martha Hill Jamison, and Judge Te’iva Bell. Judges are also frequent attendees and speakers at our section meetings. Topics range from the importance of careful drafting of jury charges with first-hand observations by Judge Mike Engelhart, Judge Tanya Garrison, Judge Lauren Reeder, and Judge Dawn Rogers, to superseding civil judgments as presented by Justice Kevin Jewell. Other special CLE programs featured Justice Richard Hightower addressing civility in the law, and Judge Robert Schaffer and Judge Rabeea Sultan Collier explaining common litigation mistakes related to protective orders. Enjoy this issue as we honor the impact our judges have on the HBA and our fellow lawyers. We are grateful to the many judges who support the HBA and its efforts. The slogan “STRONGER TOGETHER” reinforces our belief that HBA members and our legal community are strongest when we work together. Our judges are excellent examples of that principle. thehoustonlawyer.com
March/April 2022
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from the editor By Anietie Akpan METRO
Associate Editors
Anna M. Archer U.S. District Court
Brooksie Bonvillain Boutet Shipley Snell Montgomery
Kimberly Chojnacki Baker Donelson
Elizabeth Furlow Malpass Baker Botts
The Houston Lawyer
Carly Milner Foglar Brar O’Neil Gray
Andrew Pearce BoyarMiller
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March/April 2022
Finding Harmony and Strength Within Houston’s Bench-Bar Relationship
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here’s an old saying that court and counsel are two wheels on the chariot of justice, as justice cannot be dispensed without these two vital and complementary pieces working together. The administration of justice also requires the mutual assistance, diligence, and respect of court and counsel toward one another (which is also fundamental in protecting the dignity of our profession). But the transformative impact of the bench-bar relationship transcends these professional “courtroom” cardinals that we are all familiar with—an impact that is spotlighted in The Houston Lawyer’s penultimate issue. The imagery often associated with the judiciary is that of a wise and stoic body of individuals sitting on elevated benches, adorned with majestic black robes, and dispassionately ruling in various disputes of the day. They are revered of course, but in some respects, feared. But as you’ll find in reading this issue, our beloved Houston judiciary shatters the stereotype of the chilly, black-robed individual. They are mentors. They are community leaders. They coach mock trial teams. They even break into random guitar jam sessions with their clerks! They have our best interests at heart and want us all to succeed. They demonstrate that judiciary engagement with the bar isn’t limited to licensed attorneys—it extends to those who would be future attorneys (our youth), those impacted by the rulings of the court (our community), and of course, the regulatory bodies that enhance the legal profession (the bar association). First, Anna Archer contributes an article spotlighting local judiciary who have served as leaders in the Houston Bar Association. Shifting to judicial mentoring, Krisina Zuñiga, Chevazz Brown, and Michelle Gray share reflective vignettes about the personal and professional lessons learned during their respective federal clerkships. The Honorable J. Elaine Marshall and the Honorable Christine Vinh Weems— thehoustonlawyer.com
two judges who definitely “walk the walk” when it comes to robust youth mentorship—highlight the Houston Municipal Court’s Teen Court program and the importance of mock trial coaching, respectively. Scott Ellis spotlights a trio of federal magistrate judges who serve as trial advocacy professors. Demonstrating how Houston courtrooms have been the catalyst for numerous “first of its kind” procedural issues, Lauren Brogdon, Tim McInturf, Farrah Martinez, Juan Vasquez, Jr., and Victor J. Viser provide short cases notes on (in)famous Houstonbased court holdings that have shaped our profession (i.e., the birth of the “Stowers” doctrine). Several judges share their respective journeys to the bench—what inspired them to run, reflections on the importance of a strong mentorship practice as a judge, and advice to those who may want to run for judge themselves one day. Rachel Stinson, a former clerk of the Honorable George C. Hanks, Jr., also contributes a special column to these vignettes. Finally, in continuing with our Veteran Spotlight Series, this issue will feature Daniel N. Ramirez (Monty & Ramirez LLP), Rachel Collier (White & Case LLP) and Robert Devlin (Attorney at Law). Much gratitude to Anna Archer and the Honorable Joe Villarreal for their tireless leadership while serving as guest editors for this issue! The contours of the bench-bar relationship are complicated: sometimes they are fraught with tempers that can surge in the stormy billows of the courtroom; but most times, they glimmer with civility, fairness, and dignity. As members of the bench and bar, we are jointly responsible for shaping the public’s trust in the legal system. We must always remember that maintaining a harmonized balance between the two is elemental in strengthening the faith of the public in the law. Please continue to stay safe, remember to choose kindness, and as always, thank you for reading The Houston Lawyer.
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Past President
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Greg Moore
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David Harrell
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March/April 2022
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By Anna Archer
The Value of Service to the Local Bar:
Spotlights on HBA Leaders from the Judiciary
Houston Lawyer to tell the story of all the judges who have contributed, and continue to contribute, to the HBA’s mission, this article spotlights some of the judges who have had, or continue to have, significant leadership roles in the HBA. The following are short statements from the judges or people close to them about the importance of service to the local bar.
HBA Presidents The Honorable Ewing Werlein Jr., a senior U.S. District Court Judge for the Southern District of Texas who was appointed as a federal judge by President George H.W. Bush in 1992, served as HBA president from 1988 to 1989. His commitment to service to the HBA and the judiciary was a family tradition. His father, the Honorable Ewing Werlein Sr., and his uncle, the Honorable Presley K. Ewing, served as HBA presidents in 1942 and 1912, respectively.2 When asked to provide a brief statement about his service to the bar, Sr. Judge Werlein said, My best memory as HBA president was in coming to know a host of HBA members—among them my esteemed eadership and service are the colleague Judge hallmarks of most Andy Hanen—who judges, and the comregularly gave their mitment to the profestime, skills, talent, sion that is exemplified and expertise to elin well-respected juevate the quality of rists often begins to take root earour profession and ly in their careers through service to expand our serto the local bar. The HBA has benvice to the public. efitted from the service of many of In a way it’s only these phenomenal leaders. A long list of judges has helped to build The Hon. Ewing Werlein, Jr. served natural—after all, as the 1988-1989 president of the the HBA into one of the largest Houston Bar Association. Pictured the law is a service metropolitan bar associations in here from the July/August 1988 profession whether issue of The Houston Lawyer with the country that serves the needs portraits of his father, Ewing we’re at the bar or of not only Houston lawyers, but Welein, who was president of the on the bench. As HBA in 1942, and his great-uncle, also members of our greater com- Judge Presley K. Ewing, who a bar president a as president of the HBA in generation ago, and munity. Their leadership contin- served 1912. Cover photography by Heinz now as a judge for ues to make the HBA a bar asso- Kugler. the past 30 years, it was, and it reciation that promotes professionalism, mains, a joy to serve along with you access to justice, the rule of law, equality and countless others in our profession and inclusion in the legal profession, leto help preserve our cherished freegal education for the profession and the 1 dom, to maintain the rule of law, and public, and community service. While to provide justice for all. we do not have enough pages in The
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The Honorable Andrew S. Hanen, who Sr. Judge Werlein acknowledged in his statement, served as the Houston Young Lawyers Association president when Judge Werlein was The Hon. Andrew Hanen the HBA president, and they became friends during this time period. Judge Hanen continued on his leadership journey, eventually becoming an HBA president himself and then a federal judge. Judge Hanen served as HBA president from 1999 to 2000, and he was appointed as a federal judge by President George W. Bush in 2002. According to Judge Hanen, It was an honor to serve as president of the Houston Bar Association and become the voice and face of the practicing lawyers here in Harris County. As an HBA president, you really get to know the nuts and bolts of each activity and witness the pervasive and positive effects HBA members have on our community. Regardless of whether it is a formal project of the bar, virtually every board, committee, and charity in our community has a lawyer as a member and that lawyer is working to improve Houston for all of us. Thousands upon thousands of hours are donated by volunteer lawyers throughout our many communities each year. Each bar leader contributes in his or her own way. The two projects I am most proud of are the formation of the AIDS committee (that has provided pro bono legal help for HIV-positive individuals and their families for over 30 years) and leading the building of the HBA’s first two Habitat for Humanity houses. Both of these activities drew volunteers from all sectors of the legal practice. Many folks who had never been active in any project of the organized bar found value in these projects and freely devoted their
time and talents to help Houstonians in need. Several esteemed state court judges also had significant leadership roles in the HBA prior to, or during, their time on the bench. One such judge was Justice Eugene Cook. Justice Cook was HBA president from 1989 to 1990, which coincided with his judicial
service. He was appointed to the Texas Supreme Court by Governor Bill Clements in 1988 and elected in November of the same year.3 Justice Cook’s work was very important to Texas lawyers, and he truly lived the HBA’s mission of promoting professionalism. He is The Hon. Eugene Cook known as the principal
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architect of the Texas Lawyer’s Creed. Justice Cook unfortunately passed away in 2020, but his service to our profession left quite a legacy, not just with his work on projects such as the Texas Lawyer’s Creed, but through the impact he made on the people with whom he worked and served. Warren Harris, who is a partner at Bracewell LLP, chair of the firm’s appellate practice group, and served as HBA president from 2018 to 2019, knew Justice Cook well. The Houston Lawyer asked Mr. Harris to briefly discuss why Justice Cook thought service to the local bar was important, and he provided the following statement: Justice Eugene Cook was presidentelect of the HBA when I clerked for him on the Texas Supreme Court. As one of his first law clerks and, later, his law partner, I witnessed his pride in being a lawyer, his work with the bar, and the joy mentoring young lawyers gave him. Because of his work with professionalism and the Texas Lawyer’s Creed, the HBA named its professionalism award in honor of Justice Cook and presented him with the inaugural award. Justice Cook inspired me to strive for excellence in my legal profession while maintaining ethics and integrity and appointed me to my first HBA committee, which made me proud to follow in his footsteps as a president of the HBA. The Honorable Joe L. Draughn, who served as HBA president from 1981 to 1982 and was a justice on the Texas Fourteenth Court of Appeals, also unfortunately passed away in 2020. Joy S o l o w a y, an appellate professional who The Hon. Joe L. Draughn is of counsel at Norton Rose Fulbright, 12
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clerked for Justice Draughn from 1985 to 1986. Here is what she recalls about her work with him and his commitment to the bar: Justice Draughn made me laugh and taught me how to be a lawyer. I had the honor of clerking for Judge Draughn after graduating from law school in 1985. He helped me be a clear thinker and a clear writer. I remember laughing with Judge Draughn. Although the work was serious business, he demonstrated how we could do our jobs well without taking ourselves too seriously. I will be forever grateful for his kindness and patience—and that he chose me to be his law clerk. He is a true public servant.
Lake was appointed as a federal judge by President Ronald Reagan.4 When asked about the importance of this service to the local bar, Judge Lake said, Serving on the editorial board of The Houston Lawyer was a great way to meet interesting lawyers outside of my law firm. Because I was a trial lawyer, working with the members of the board to decide what articles to publish, and whom to ask to write them, also broadened my knowledge of other areas of law. Fulbright & Jaworski had a long tradition of participating in bar association and other community activities; and I appreciated this opportunity to serve the Houston Bar Association.
Editor-in-Chief of The Houston Lawyer While serving as HBA president certainly demonstrates commitment to the bar and exemplifies the leadership capabilities needed by members of the judiciary, there are other leadership positions within the HBA that also require significant leadership skills, as well as a passion for serving the bar. One such position is serving as the editorin-chief of The Houston Lawyer. The The Hon. Simeon Lake Honorable Simeon Lake, who at the time worked at Fulbright & Jaworksi (now Norton Rose Fulbright), was the editor-in-chief of The Houston Lawyer from 1986 to 1987. During his term, the publication covered issues such as tax reform, immigration reform, and ethics and liability. The September/October 1986 issue was about alternative dispute resolution and included an official memorandum by Texas Governor Mark White declaring September 21–27, 1986, as Dispute Resolution Week. Less than two years later—in 1988—Judge
Committee and Section Leadership There are currently several state court judges who continue to give their time and talent to the HBA while maintaining active judicial dockets. The Honorable Ken Wise, Justice for the The Hon. Ken Wise Fourteenth Court of Appeals, has been an active member of the HBA’s Historical Committee for years and is currently a co-chair of the committee. The Historical Committee “is responsible for researching and preserving the history of the association and its members.”5 When asked about continuing to serve the local bar as a judge, he said, Houston enjoys a long tradition of close working relations among lawyers and judges, both of whom play important roles in our justice system. I have always enjoyed working with my fellow HBA members to protect and improve our judicial process. As co-chair of HBA’s Historical Committee, I hope to have successfully continued the great tradition of pre-
serving the history of the association and its members. I am grateful to the HBA for its steadfast support of both the bench and bar. The Honorable Sarah Beth Landau, who was elected to the Texas First Court of Appeals in 2018, is currently a co-chair of the County Law L i b r a r y The Hon. Sarah Beth Landau Committee. Justice Landau served in the state and federal public defenders offices prior to becoming a judge, and she also clerked for the Honorable Vanessa Gilmore. The County Law Library Committee reviews the books and facilities of the Harris County Robert W. Hainsworth Law Library and makes recommendations about how the bar can serve the library.6 Justice Landau considers serving as a co-chair of the County Law Library Committee to be “[o]ne of the most meaningful things” she has done off the bench, as the library helps connect self-represented civil litigants with the resources they need, is currently creating a video series “to inform the public of their rights,” and provides free CLEs for lawyers. She describes her service to this committee as follows: Although judges cannot provide pro bono legal services, they can help those who connect litigants to legal assistance. At a time when so many are having extra difficulty navigating the court system, the library’s mission and the HBA’s committee work takes on extra importance. It is valuable for the community to see judges doing their part to be the change they would like to see. Many want to help but are not sure how. Helping with the library’s mission is pretty satisfying stuff. The HBA sections also benefit from judi-
cial leadership. The Honorable Caroline E. Baker, who served as a state civil district judge for twentyone years before retiring as a senior judge in 2018 and is currently a mediator at Baker The Hon. Caroline E. Baker Mediation, LLC, is a council member at-large of the HBA’s Alternative Dispute Resolution Section. The ADR Section strives to educate and inform members about the benefits of mediation, arbitration, and other forms of ADR.7 When asked about why it is important for judges to serve the local bar, Judge Baker said, I believe it is as incumbent on judges, as it is on lawyers, to serve on committees for the Houston Bar Association and to participate in HBA programs. The HBA provides excellent opportunities for the bench and bar to collaborate for the betterment of the legal community, as well as the community at large. My service on HBA committees over the years, and in particular as a member and as chair of the ADR Council, has been an enriching and invaluable experience for which I am immensely grateful. This article cannot begin to cover all of the judges and future judges who have graced the halls of the HBA over the years, but this small group demonstrates that people who lead in local bar organizations are also the people who have the leadership skill and call to service that are evident in the most distinguished jurists. Thank you to each judge who provided quotes to The Houston Lawyer for this article, to each judge who has, is, or will serve the community through the HBA, and to all the current bar leaders who are the judges of tomorrow.
Anna Archer is a career law clerk for a senior district court judge in the Southern District of Texas. She is a former editorin-chief of The Houston Lawyer and is currently an associate editor of the publication and the host of Behind the Lines: The Houston Lawyer Podcast.
Endnotes 1. About the HBA, HOUS. BAR ASS’N, https://www. hba.org/?pg=About-the-HBA (the HBA’s mission statement) (last visited Apr. 18, 2022). 2. Cover Caption, HOUS. LAW. (July/Aug. 1988). 3. About Justice Eugene Cook Principal Architect of the Creed, TEX. CTR. FOR LEGAL ETHICS, https:// legalethicstexas.com /Ethics-Resources/Rules/ Texas-Law yer-s-Creed /About-Justice-EugeneCook,-Principal-Architect-of (last visited Apr. 18, 2022). 4. For more information about Judge Lake, see Trang Q. Tran, Independent Thinker: An Interview with Sim Lake, U.S. District Judge for the Southern District of Texas, HOUS. LAW. (Nov./Dec. 2001). 5. Historical Committee, HOUS. BAR ASS’N, https:// www.hba.org/?pg=Historical (last visited Apr. 18, 2022). 6. County Law Library Committee, HOUS. BAR ASS’N, https://www.hba.org/?pg=County-Law-Library (last visited Apr. 18, 2022). 7. Alternative Dispute Resolution, HOUS. BAR ASS’N, https://www.hba.org/?pg=Alternative-Dispute-Resolution (last visited Apr. 18, 2022).
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March/April 2022
13
Journey to the Bench
Life is a Stairway:
My Journey from Fifth Ward to Becoming a Judge
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By The Hon. Wanda Adams r. Martin Luther King, Jr. once said, “Faith is taking the first step even when you don’t see the whole staircase.” Growing up in the Fifth Ward and raised by both my parents, I had culture and love from my family. I didn’t grow up with a whole lot, but I never knew it. The environment around me wasn’t the best, but my parents instilled in me that I could achieve any goal I set my heart to. My dad would always say, “The ladder of success is in front of you, you have to take the first step and decide how high you want to climb.” I held steadfast to my father’s words, from R. L. Isaacs Elementary School until I graduated from Texas Southern University, where I began my journey of my staircase to my success. My desire The Hon. Wanda Adams to serve led me on my journey to become a member of the Houston City Council, an HISD board member, and Justice of the Peace for Harris County. Each one of my career steps had helping people as the main reason for me to achieve my goals. Becoming a judge was not one of my childhood dreams or my career path, I thought. When I was in my second year at TSU, I had the opportunity to intern for the Harris County Juvenile Probation Department in the Intake Division. I saw so many broken lives of our young people who were being placed in detention every day. I knew there had to be a better way and someone had to care about the lives of these young people. During a judicial internship, I witnessed the compassion my supervisor exuded while on the bench when she spoke in the courtroom. She wasn’t able to change everyone’s life, but she had an effect on many who came before her. At that moment, I knew I wanted to be in a position like her—she was a true inspiration to my career journey. I was first inspired to run for Justice of the Peace in 2002 when I met Judge Jo Ann Delgado while I was working for the Mayor’s Office for the City of Houston. We spoke frequently and worked together in the community often. It was that dynamic and the example she set that encouraged me to start my own campaign for Justice of the Peace, though I knew the journey would be a long one (or impossible!). I was elected in 2020 as the Justice of the Peace for Precinct 7, Place 1. Due to COVID-19, I wasn’t able to have an investiture ceremony. Instead, I stood in Annex 14 via Zoom facing my family and friends when I took my oath of office. I’m lucky to have many judicial mentors since being elected Justice of the Peace, including Judge Eric Carter, Judge Ramona Franklin, Judge Joe Stephens, and the fourteen other JPs of Harris County. They have collectively been my support system since day one on the bench. It has been important to me to continue my community engagement as a justice of the peace; I have enjoyed giving back to the students at TSU and engaging them in the political process in my role as a judge. If I can give any advice to young attorneys who are considering running for judge one day, I’d tell them that nothing is impossible for them and to lay a strong foundation so that no one could ever say they are not qualified. U.S. Supreme Court Justice Louis Brandeis once stated, “Most of the things worth doing in the world had been declared impossible before they were done.” What I thought was impossible became possible for this girl from Fifth Ward. I have more steps in my ladder of success, I just have to keep my focus and carry someone along with me as I climb. The Hon. Wanda Adams was first elected as Harris County Justice of the Peace Precinct 7, Place 1 in 2020 after serving seven years on the Houston Independent School District Board of Education and the limit of three, two-year terms as a member of the Houston City Council for District D. As a public servant, Judge Adams has been committed to support for the homeless, veterans, disabled, and mentally ill, and is a strong advocate for breast cancer awareness and women affected by domestic violence.
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Forging a Path Towards Fairness, Equal Access, and Justice for All
By The Hon. Cheryl Elliott Thornton began my run for judge of the 164th Civil District Court of Harris County by stating this truism: “In the spirit of those judges who have forged a path towards fairness, equal access, and justice for all, I, Cheryl Elliott Thornton, announce my candidacy.” I call this a truism because since The Hon. Cheryl Elliott Thornton I can remember, these words—fairness, equality, and justice— have best embodied my mantra for life. Those words were forged in me by my mother, a registered nurse at a time when there were few African American registered nurses, and my father, a probation officer and entrepreneur, who both mandated community awareness and involvement. Thus, I learned the value of local civic clubs, delivering and/or serving food to the less fortunate, or simply having coffee with AIDS patients in the late 1980’s just to lift the patients’ spirit and to teach me an unspoken, but empathetic, lesson about people. Through quiet and learned perseverance, I was taught that all dreams are possible. But to accomplish any dream, one must be prepared. And preparedness meant one must be educated. I knew from youth that I was going to be a lawyer and only dreamed of being a judge. With those dreams in mind, I studied hard and graduated from Lamar High School in Houston. I chose to matriculate at Trinity University in San Antonio, where I received my B.A. in Political Science. I then went on to receive my M.A. in Political Science from St. Mary’s University in San Antonio. Then, wanting to return to my hometown of Houston, I attended Texas Southern University’s Thurgood Marshall School of Law, where I received my J.D. The seeds to my growth as a public servant were planted early and kneaded often. Through the spirit of what seemed like a bygone era, I saw civic-minded, community-based African American at-
torneys achieve and become the anomaly—judges. Giants such as the Honorable Carl Walker, whose public service included being the first African American U.S. Attorney for the Southern District of Texas, and who later ran and served as a criminal district judge; the Honorable Alice Bonner, who was the first African American female judge in Harris County and who I am honored to call a mentor and friend; the Honorable Gabrielle McDonald, who was the first African American appointed to the federal bench in the southern United States and, after retirement, served as arbitrator on the Iran-United States Claims Tribunal in The Hague; and my mentor and friend, the Honorable Vanessa Gilmore, who at the time of her appointment, was the youngest federal judge in the country. All of these individuals mentored me, and through their mentorship, influenced my desire to be a judge. They were the individuals who helped crack open the doors that I eventually walked through to take the bench. My education, both formal and life’s giving, made me aware that for me, public service was key to being the type of citizen,
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and, ultimately, the type of judge, I aspired to be. Since I was taught early on that being a public servant was one of the highest goals you could attain, I emulated my mentors’ and parents’ paths by embracing the community I wanted to serve professionally. Thus, on my path to serving the public as a judge, I served as a senior assistant county attorney for Harris County for about ten years. As a public servant, I also served as general counsel for Texas Southern University, an administrative law judge for two State of Texas agencies, as well as serving as an assistant attorney general IV for the State of Texas. I have also had the pleasure of teaching our youth as an adjunct professor at both Lone Star and Houston Community colleges. All of my mentors further taught me that public service does not just end with what you do professionally, but also what you choose as your avocation. Thus, I volunteered throughout my community by serving in capacities such as precinct chair, executive board member for my civic club, my Senate district’s general counsel, board member and chair of the Police Advisory Committee under several Houston police chiefs, co-chair of the Houston Bar Association’s Gender Fairness Committee, National Bar Association, and the Association of Women Attorneys, amongst others, as well as currently serving on the executive committee of the
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The Hon. Cheryl Elliott Thornton is the presiding judge for the 164th Civil District Court of Harris County.
Maintaining the Integrity of My Vision for the Judiciary
By The Hon. Natalia (Nata) Cornelio grew up in Chicago. My grandparents immigrated there from Mexico when my parents were young. My parents put a high value on education, kept us surrounded by family and community, and were politically active. I grew up tagging along while my parents promoted education and political representation for our The Hon. Natalia (Nata) Cornelio immigrant community. My dad tells me that at seven years old, I told him I wanted to be a judge. I do not remember this—my memory is wanting to be a ballerina. I do remember, following my parents’ lead, always caring urgently about justice, fairness, and truth. I was successful in school. Looking toward a career, I noticed how few lawyers were from my own community. I knew I could make a difference if I went to law school. Courts and lawyers seemed important to me from a young age (as my dad remembered). And courts played a heroic role to me, particularly their role in upholding the rights of people. The law should work for 16
Houston Lawyer Referral Service Board. I was gratified to receive community service awards for many of these endeavors. It is because of the constant words of encouragement by family, friends, and mentors that I now sit as judge of the 164th Civil District Court. With that history in mind, I know it is my duty to give back by mentoring others. With each young law student and each young attorney, I hope that I can help them achieve their goals in life. Sometimes I am rewarded by receiving a thank you note that gushes gratitude unyieldingly or by being stopped by young lawyers who tell me the impact I have had on their professional lives. When asked for advice by young lawyers about how they, too, can become a judge, I reach back to the lessons of my mentors. Each one taught me that preparedness was key and preparedness equaled education. Not just the education in books and in courtrooms, but that which the community can teach you if you offer yourself to it. With each opportunity of giving, there is a gift of receiving the honor of service. In all manner, I try to pass on the mantra of my life and pass on to them the need in our legal system for fairness, equality and justice.
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everyone, and courts seemed to be the place that fulfilled that promise. Throughout my career, I have worked to ensure that the law works for all communities. I have represented indigent clients as an assistant federal public defender, litigated federal civil rights cases at the Texas Civil Rights Project, and even made sure to regularly perform pro bono work while an associate at a civil law firm. I ran for judge of the 351st District Court to serve the community. Being a judge comes with a great responsibility that I take seriously. The job description of calling “balls and strikes” is only partially true: there are daily judgment calls that require careful attention and knowledge. Additionally, the role of judge requires heavy administrative work for efficient court operations and the facilitation of programs that are critical to ensuring equal justice for all. I work hard every day on the bench entrusted to me to ensure that I leave the court better than how I found it. The role also provides a unique opportunity (and, I think, responsibility) to mentor and speak with students and youth. The best advice I ever received while campaigning to become a judge was that winning the race was not as important as main-
taining my integrity and the integrity of my vision for the judiciary. I pay that advice forward to any young attorney who is considering running for judge one day. Being a judge making daily judgment calls can mean that one side wins and the other side loses, or even that a decision has been made in which no one feels like they have won. My job as a
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judge is to keep my eye on the ball—following the law, working hard, maintaining my integrity, and keeping the bench strong for the next generation. The Hon. Natalia (Nata) Cornelio is the presiding judge for the 351st Criminal District Court of Harris County.
And Sow It Goes...
By The Hon. Joe Villarreal “rust me, that will never happen.” Or so I thought. This was my response after being told of the Night Court1 tradition that whoever played a judge on the Night Court stage would go on to become a real-life judge. After two consecutive years playing a judge, The Hon. Joe Villarreal I requested a different role to avoid typecasting. Truthfully, I have been judging people all my life. It has only been since my 2009 appointment as a Houston municipal judge that I have been paid to do so. Clearly, becoming a judge is not as simple as playing one on stage. It involves a stumble here, a misstep there. The journey was teeming with obstacles, and I had more questions than answers. From an early age, I learned you have to be “someone” to have such aspirations. No one told me I had the opportunity to be anything I wanted—certainly not a lawyer or even a judge. I lacked the knowledge base to know any different. I could not turn to my family for guidance—they simply did not know. When I shared my legal ambitions with my high school counselor, I was redirected toward a test to assess my vocational skills, which indicated I was best suited for a career as a turret lathe operator. Admittedly, I never bothered to learn what a turret lathe operator was, but I did make sure that knowledge and education became critical to my goals. Only I could define myself or restrict my future. I worked my way through undergraduate, graduate, and law school, accruing some firsts in my family and community. If someone’s accomplishments beckoned
or I admired a trait or a quality, it became my quest to make them mine or adapt accordingly. I embraced the valuable information and culled out what did not work. My journey to the bench, as with many other milestones, came from observing life and the people around me. Life became my mentor, as I gratefully borrowed from the very best. Whether superhero or ordinary Joe, mentors surround us, even if they do not know it. I discovered the knowledge that I collected was meant to be shared. It presented a chance to shine the brightest spotlight on that knowledge and forge a path for others to follow. Sharing knowledge and the benefit of your experience does not just elevate others. It also lifts the one who willingly shares that knowledge and experience. It is the reason I have always made time for my community—not out of obligation, but an innate need to continue the sharing experience. It never felt like a sac-
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rifice when I gave up my lunch break or personal time to tutor and mentor students of all levels. I took pride in providing pro bono legal services. I welcomed the chance to serve on the boards and committees of several organizations. It was the right thing to do. It still is. The benefit of what you sow defines your values and forms your legacy. The Hon. Joe Villarreal is an associate judge for Houston Municipal Courts and vice chair of the Harris County Housing Authority. He earned a B.A. from Rice University, an MBA from the Univer-
sity of St. Thomas, and a J.D. from the University of Houston Law Center. He proudly volunteers as a tutor and mentor, provides pro bono community services, and serves on the boards and committees of local organizations. Endnotes 1. “Night Court” is a sophisticated stage production of an original, all-lawyer musical comedy that raises money for local legal charities. The show is written and performed by lawyers and features a fluid plotline; elaborate costumes; impressive production numbers; and a cast, orchestra, and crew of lawyers and judges. For more information, visit https://www.nightcourt.org
The Hon. George C. Hanks, Jr.:
Remaining Grounded Through Personal Relationships, Integrity, and Service
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By Rachel H. Stinson profile of United States District Court Judge George C. Hanks, Jr. could easily run longer than the space allotted here. A well-known federal judge in Houston, he presides over important, and often difficult, cases in the United States District Court for the Southern District of Tex- The Hon. George C. Hanks, Jr. as. Even during contentious courtroom moments, attorneys, litigants, and jurors remark on how Judge Hanks maintains his even-keeled demeanor, his respect for the law, and his unfailing courtesy to everyone around him. Judge Hanks is quick to acknowledge the source of these traits and the origin of his achievements in the legal profession both on and off the bench—his parents, George and Quenola. Early in his life, they instilled in him the importance of personal relationships, integrity, and service. When he was fourteen years old, they allowed him to move from Lake Charles, Louisiana, to Washington, D.C., to work as a congressional page—a decision based on their certainty that he would continue to display common sense and diligence and would conduct himself honorably, whether or not he was under their roof. In college and law school, Judge Hanks followed a similar pattern of striking new paths while remaining grounded in the lessons he’d learned at home. At Louisiana State University, he obtained a degree in economics summa cum laude, while also 18
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playing in the marching band and moonlighting as a campus radio station disc jockey. At Harvard Law School, he received scholastic accolades, including the Legal Defense Fund/Earl Warren Scholarship, while serving as an editor of the Harvard Blackletter Law Journal. But in lieu of focusing on his accomplishments, Judge Hanks is more likely to tell you about the people he met while working as a summer law clerk in Australia or how he was rescued from the remote reaches of the Outback. Following law school, Judge Hanks clerked for United States District Judge Sim T. Lake, whom he credits with inspiring him to consider judicial service and who helped shape his judicial philosophy. Judge Hanks has written and spoken extensively about professionalism and the importance of standards, such as the Texas Lawyer’s Creed, highlighting what he calls “the core virtue of humility” for both attorneys and judges. He recommends that all attorneys, regardless of their practice area or years of experience, become active members of organizations such as the Inns of Court, the Texas Bar College, or local bar organizations dedicated to training, ethics, and mentorship. As a former law clerk himself, Judge Hanks understands the importance of giving his law clerks and interns a front-row seat to proceedings in real time, as it encourages frank discussions about the pressures and concerns of practicing law. Every young attorney in his chambers has heard Judge Hanks’s reminder, “It’s not all about me.” Perhaps, if they were around for a discovery dispute, they also heard some of his more practical advice—“Never get in a fight with a pig. Because the pig will love
it, and you’ll just get dirty.” And, if they were very lucky, they heard his daily mantra—“Today, my job is to do justice and help people resolve the problems in their lives that they can’t resolve themselves.” Perhaps the best testament to the impact of such a philosophy is the long list of young lawyers Judge Hanks has inspired to become bar leaders, public servants, and attorneys
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dedicated to excellence, professionalism, and legal justice. Rachel H. Stinson is a partner at Wright Close & Barger, LLP, and is board certified in civil appellate law. Rachel was a career law clerk for Judge Hanks at the United States District Court for the Southern District of Texas from 2010 until 2018.
The Value of Mentorship
By The Hon. Richard Hightower always knew I wanted to be a lawyer, and my father, Ross Hightower, was my inspiration to become one. My father was a trial lawyer in a small East Texas town, and our dinner conversations generally drifted into politics, current events, and the law. He loved everything about being a lawyer and often commented that The Hon. Richard Hightower it was the best job that anyone could have. As a young boy, I recall sitting in his office listening to him and his partners energetically discuss their cases, their trials, and the judges. Occasionally, I watched him in trial. I intently listened to him select the jury, examine the witnesses, and make his arguments. I particularly enjoyed observing the trial judge interact with the lawyers, rule on their objections, and command the courtroom. I learned early on that the courtroom was a place where honesty and respect were expected. It was no surprise that I followed my father’s footsteps to Baylor Law School, graduating in 1980. If there is such a thing as a “judicial itch,” I caught it during my first few years of practice working with T. John Ward in Longview, Texas, who years later became a federal district judge for the Eastern District of Texas. Judge Ward and I were the attorneys in one case that wound its way to oral argument before the United States Supreme Court. I was only twenty-nine years old at that time, but while sitting in the Supreme Court listening to the vigorous questioning by the justices, I realized that someday I wanted to be a judge. I just didn’t anticipate that it would be over thirty years before I placed my name on the ballot for the First Court of Appeals. Although I moved to Houston soon after our Supreme Court argument, Judge Ward remained a constant mentor in my life. As a result of my father’s and Judge Ward’s influence, I appreciate the positive impact that a mentor can have on a young lawyer’s career. Having a mentor is clearly one of the greatest assets a young lawyer can have. As lawyers and judges, we have an obligation to share our experiences, wisdom, and advice with those who follow behind. One of my most rewarding activities as a judge is participating in our intern program at the First Court of Appeals. We work closely with students throughout the year
to understand not only appellate procedure, but also to understand what it means to be a lawyer and a judge, as well as the responsibilities that they will soon owe to the profession. Our interns and young lawyers often ask what advice we have for those who may want to run for judge. My response is to make as many positive connections in your community as you can, be known as one who participates, be known as one who cares, and most of all, be known as one who will stand up for what is right. The Hon. Richard Hightower was elected to the First Court of Appeals in November of 2018. Prior to his election, he was a trial partner at Brown McCarroll & Oaks Hartline and later focused his practice on the representation of educational entities and mediation.
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Enhancing the Deliberative Process Through Increased Diversity on the Bench
By The HON. Amparo Monique Guerra t has been my distinct honor to serve on the Texas First Court of Appeals since January 2020. I am only the third Latina to ever serve on this court in its 130-year history. One of the reasons I decided to run for this position was because there are eighteen appellate judges on the Houston courts of appeals, which cover a ten-county district The Hon. Amparo Monique Guerra composed of the most diverse areas in the country (Houston being the most diverse city, and Fort Bend being the most diverse county in the United States), and yet, there were no African Americans or Latinos on these courts. I have long advocated for more diversity
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on our courts to enhance the deliberative process and to promote greater confidence from the communities they serve. I am proud that my platform calling for further diversifying our judiciary with well-qualified judges resonated with the over 1.1 million voters who elected me in 2020. I previously served as a municipal judge for the City of Houston part time while I practiced law full time. I was the youngest sitting judge on that court when I was originally appointed in 2005 at age 28. I was aware that my young age could cause me to draw greater scrutiny, and so I was careful to discharge my duties with the utmost maturity, seriousness, preparation, conscientiousness, ethics, respect, and fairness. I interned and, following law school, clerked with United States District Judge Filemon Vela in Brownsville, Texas. That experience
not only taught me about the inner workings of the federal courts and how judges make decisions, but I also learned from Judge Vela that being a judge means being a public servant and that duty does not end at the courthouse door. He taught me that a judge should be strict with the law but also compassionate with the community. His teachings are with me always. No one achieves success on one’s own. I have always felt I owe it to my mentors and supporters to give back to my community. I have done so by speaking at local schools, mentoring lawyers, and by offering advice to students considering higher education, those thinking of becoming a lawyer, or anyone seeking to run for office. I also enjoy hosting interns in my chambers. In addition, I will be the course director for the upcoming TexasBarCLE Advanced Civil Trial Course this July, and I am excited to help develop the topics we will be covering. My advice for lawyers seeking to serve on the bench is to remember that great lawyers make great judges. Take your work seriously and stay humble. Always maintain your composure, even if your opposing counsel does not. Also, ask yourself what your motivation is to become a judge, be honest with yourself, and make sure you are passionate and genuine. Seek out mentors who are judges you respect. My door is always open. The Hon. Amparo Monique Guerra practiced law for nearly twenty years and was named a Texas Super Lawyer in Business Litigation prior to being elected to the First Court of Appeals in 2020.
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Judicial Mentoring
Molding Young Minds with Houston’s Teen Court
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By The Hon. J. Elaine Marshall ne of the brightest points of light in my career is serving as director of the Municipal Courts Department’s Teen Court program, which was designed to assist juvenile offenders who found themselves in the criminal system. The goal of Teen Court is to deter and curb criminal behavior by providing a means for juvenile offenders to be heard by their peers and to offer them alternative sanctions. The program strives to reduce recidivism of juvenile offenders, to improve the overall understanding of the juvenile justice system, to promote application of appropriate sanctions in relation to juvenile offenses, and—finally—to spark an interest in the legal system. Teen Court has more than 150 participating student volunteers. The program partners with many school districts, such as Houston ISD, Katy ISD, and Spring Branch ISD. Student volunteers work with justice professionals, including full-time municipal court judges, prosecutors, and defense attorneys to learn how to prosecute and defend the juvenile defendant. The students hear real cases of juvenile offenders who have received citations to appear in municipal court. The citations range from day and nighttime curfew violations to criminal trespass, criminal mischief, disorderly conduct, disruption of school classes, assault, and theft. Real judges preside over the cases and guide the students through the trial process along with the volunteer attorneys. Jurors are student volunteers, too, and are responsible for reaching a unanimous verdict on punishment. Potential punishments include community service, essays, and several Teen Court jury rotations. Being a parent and a former assistant district attorney, I understand the dynamics of juvenile law and how young offenders respond to authority. The concept of having student volunteers represent the juvenile offenders, go over their testimony with them, and administer punishment is amazing to observe. The juvenile offenders react better to their student lawyers and give insightful information as to how and why the offenses they were charged with occurred. Once they return to sit on a jury, you would be astonished at how juvenile offenders react to having to administer punishment to their peers. Over the years, we have had numerous defendants later join Teen Court as student volunteers. Our Teen Court process runs smoothly. I review the cases and decide which cases can be referred to Teen Court (by city ordinance, all curfew cases must go through Teen Court). After the participating youth and their parents agree to Teen Court, the cases are scheduled. Each Teen Court session begins with a meal. followed by the Teen Court Oath. Knowing that students have healthy appetites, we feed the students, juvenile offenders, parents, and any siblings who may accompany the juveniles to court. This food cost is the only budget I have! The student volunteers are assigned cases before the session and can speak to their clients before the trials begin. We usually have three courts in operation hearing cases. Judge J. Elaine Marshall, Houston Mayor Sylvester Turner, and Houston Municipal The students give opening Court staff with participants in the Teen Court Program. statements (for the State and defense), perform direct and cross-examination of witnesses, and deliver closing arguments. Jury deliberations follow, and sanctions are determined. Once the cases have been completed, the juveniles are provided
with information on their options to expunge their criminal records. When student volunteers graduate from high school, they receive graduation cords that they wear proudly during their high school graduations. The students have consistently kept in touch with me, and we have had several student volunteers go on to law school. It warms my heart that this program makes an impact on the students. One former volunteer wrote me saying that “being in Teen Court was my first experience with applying the law and I have been in love with it since.” That student is now a third-year law student. Mayor Turner also visits the students each year, and they are so excited to meet him. Developing Teen Court has been a rewarding experience for me. I have had the opportunity to mold young minds, to change juvenile behaviors, and to make a difference in some of our youth. My rewards are the letters and the graduation invitations—especially when they come from some of our troubled juveniles! It lets me know that if you can reach just one, you are on the right road. I feel that the best way to learn about the legal
system is to participate in it firsthand, whether you are the juvenile defendant or a student volunteer. I am most proud of the fact that, since the inception of the program, we have tried over 850 cases and only had three repeat offenders. This is a true indicator that the Teen Court program works and has become a fantastic learning opportunity for the young adults in Houston and the surrounding areas. I give great thanks to Judges Cheryl Lee-Collins, Dana Perry Drexler, Roberto De La Garza, Attorney Janikka Bratton, Administrative Assistant Eric Piper, and all the Municipal Court Department juvenile case managers who have attended and assisted with each Teen Court session. I would also like to thank City attorneys Gretchen Kersten and Erica Schwam, who have assisted in the training sessions for the students. A full-time judge for 34 years, the Hon. J. Elaine Marshall has served as the presiding judge for the City of Houston Municipal Courts since 2016. She is the first African American to serve in that role. Judge Marshall is the director of the Teen Court program.
Why I’m Still Hanging Out with Law Students–Twenty Years Later
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By The Hon. Christine Vinh Weems mock trial team during my last two years of college. I was am not an athlete. I spent one semester on the University of coached by Teresa Ford, a wonderful trial lawyer who was— Texas crew team while in college, but I sat in the front of the and still is—equal parts patient, caring, and intimidating as boat, steered, and yelled at the rowers. That didn’t require hell. Law school at South Texas College of Law Houston put any training on my part (however, if you win a race, you still me in a position to cross paths get a team medal—woo hoo!). with Brett Dressler again; he But I am a competitive person. coached my varsity mock trial I think most lawyers are—our teams for two years and infused profession requires a drive to me with a passion for this sport. succeed. And while I was in My college and law school college, my nonathletic self found teammates are still some of a team competition that was right my dearest friends. My former up my alley—mock trial. coaches remain my references I have been competing in for board certification and are mock trial since I was eighteen professional colleagues. Some years old. And like every This is the Tex-ABOTA Best in Texas Showdown team. The team won of the best times I had in college eighteen-year-old, I knew in the fall of 2021. (From left to right) Judge Christine Vinh Weems, nothing—about life or evidence. Brett Hargis, Alejandra Rodriguez, Laura Gomez Duarte, John and law school directly stem from mock trial, and for that, Thankfully, we had coaches to Herrmann, and co-coach Ryan McLeod. I’m eternally grateful. It is in the fake courtrooms of mock guide us—at least in mock trial, if not occasionally in life. I trial competition that I found the confidence to speak up was so fortunate that Brett Dressler decided to start a mock without the anxiety of being judged, that I learned how to trial tournament through the pre-law fraternity we were in, use my flair for the dramatic to capture a jury (and, later, an Beta Alpha Rho. Those tournaments and my teammates gave audience—I got into theatre because of mock trial, but that is me the confidence to ultimately land myself on the university’s thehoustonlawyer.com
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students to work hard, not just to win, but because they enjoy another story for another time). being on a team working toward a common goal. I want an I tell you all of this so you understand why I still spend so environment that makes it worthwhile for UHLC mock trial much time involved in mock trial. I can’t help but constantly alumni and trial lawyers in Houston to want to volunteer their think about all of the times Brett and Teresa spent helping me time to teach. Because I know that if I’m going to spend this tap into my skills and talent. And I can’t think of a better way much time away from my husband to pay them back than by paying it and kids, then it better be fun. And forward, because I get to volunteer make no mistake, winning is always my time doing something that has fun. But there is also a lot to enjoy provided me so much joy in my life. I about getting to see the growth and get to give the next generation of law progress these students make and to students the opportunity to learn know that you played a small part their style, gain confidence, and of it, regardless of the tournament know enough hearsay exceptions outcome. to always have a response when the And really, I can’t imagine a better judge is looking at them. And I get to make sure that they have fun doing This is the mock trial team during the ‘Vincent LaGuardia way to pay it forward than to make Gambini’ UHLC Mock Trial Tournament in the summer of it. Because it is so much fun. And 2021. Photo includes extra students who were serving as sure that my students have as much fun as I did. So, if you want to join if someone gives you the chance to witnesses, as well as some of the team’s coaches. in on the fun and have a hand in shaping the next generation teach others how to do something that you love, why wouldn’t of trial lawyers, just reach out to any of the three law schools you take it? in Houston and judge a round or coach a team. You won’t get And I’m fortunate because at the University of Houston an award for your work, but what you get in return will far Law Center, I was given the chance to immerse myself in it— exceed any medal you could win. not just coach a team, but I get to run the mock trial program. For the last year and a half, I have been given the autonomy to shape this program to not just make it competitive, but to The Hon. Christine Vinh Weems is the presiding judge of the ensure it is fun. I spend the time because I want my students 281st District Court of Harris County. She is board certified in to know that I care about them, that I want them all to not both personal injury trial law and civil trial law. She is also the just be good mock trial competitors, but also prepare them director of the University of Houston Law Center Mock Trial to be good lawyers. I want a program that incentivizes the Program.
Judges Making a Difference as Adjunct Professors
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By Scott Ellis hree of our Southern District of Texas magistrate judges—Judge Peter Bray, Judge Andrew M. Edison, and Judge Sam S. Sheldon—hold another title of prestige: Adjunct Professor of Trial Advocacy. These judges devote their time and skills at the University of Houston Law Center to teach the next generation of trial attorneys, and the students benefit greatly from their involvement. UHLC’s popular trial advocacy course is designed to prepare students to be trial-ready by graduation. Each week, students learn to perform a key trial skill, which includes spending the first two hours of class performing that skill. Weekly topics include direct examination, crossexamination, impeachment, voir dire, opening statement, 24
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and closing argument. Students get direct feedback from professors after performing their skill, and then they watch themselves on video with a professor to get further tips and to see what went right and where improvement is needed. Students then go back to class to present their skill a second time to incorporate what they learned. Learning by doing, and learning by watching other students perform, are key tenets of the class and critical to the students’ success. The amount of improvement the students make using this method throughout the semester is incredible. I asked the judges to tell me why they decided to teach Trial Advocacy at UHLC and what they like most about teaching. Here’s what they said:
Judge Bray I am in my second semester of teaching Trial Advocacy at UHLC. When I was asked to teach last semester, I was happy to do it, not only because I am a UHLC graduate, but also because I thought I could make a positive contribution to the course. I agreed to teach this semester for so many more reasons. First, it is quite fun. Watching the students practice real-world skills and improve by leaps and bounds each week is just great to observe. I also think that teaching this course is making me a better judge. The students are motivated and smart. They ask hard questions about the basics, which forces me to get back to the basics—something we all need to do from time to time. My fellow adjuncts are brilliant. I am learning more than I am teaching, to be honest. Judge Edison I have been teaching at UHLC for almost 20 years! I think my first year teaching was 2003! I teach Remedies each spring and Trial Advocacy each fall. Every year, I’m amazed by how my students notice aspects of the law that
Local Solutions. Global Reach.
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hadn’t previously occurred to me. I think that I learn just as much—if not more—from them as they learn from me. If I hadn’t started teaching at UHLC, I would lose so much of these valuable perspectives that have shaped my legal experience. There is no better feeling than seeing my former law students become pillars of our legal community. Judge Sheldon I’ve been teaching Trial Advocacy at UHLC since 2021. I teach this class because I learned how to try a case from experienced trial attorneys and want to do the same for law students. My favorite part of teaching is interacting and learning from the law students. A lawyer is never too experienced to learn something new. Scott Ellis is vice chair of Foley & Lardner’s national Energy Litigation practice and the hiring partner for the Houston office. Scott is also an adjunct professor at the University of Houston Law Center, where he teaches Trial Advocacy. Scott serves on the HBA’s Diversity & Inclusion Committee, the Teach Texas Committee, and is a member of the HBA’s Implicit Bias Task Force.
73rd Annual Harvest Celebration Benefiting Houston Volunteer Lawyers
Monday, November 14, 2022 • 7:00 – 10:00 p.m. • River Oaks Country Club 100% of net proceeds raised for the Harvest Celebration directly benefit pro bono efforts in our community through Houston Volunteer Lawyers Diamond - $30,000 (includes 20 complimentary tickets) Emerald - $25,000 (includes 16 complimentary tickets) Ruby - $15,000 (includes 12 complimentary tickets)
Underwriting Levels & Benefits Sapphire - $10,000 (includes 10 complimentary tickets) Gold - $7,500 (includes 8 complimentary tickets Silver - $5,000 (includes 6 complimentary tickets)
Bronze - $2,500 (includes 4 complimentary tickets) Crystal - $1,000 (includes 2 complimentary tickets Other
All underwriters will be included in the invitations, signage at the event, and listed on the event page on our website. Pledges received by July 31 will be included in a social media push through the HBA channels. Donors of $1,000 and above pledging before October 31 will be recognized in a full-page advertisement in the Houston Chronicle.
Thank you to all of our early sponsors of the 73rd Annual Harvest Celebration* Diamond Sponsors
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Other Sponsors
Hon. Julie Countiss David T. Harvin HBA Staff Jane Langdell Robinson Anna Robshaw, Greenberg Traurig LLP Hon. Robert Schaffer Hon. Charles Spain and John Adcock Cooper Sukaly In Honor of Kenneth Tekell and Jack Balagia Richard & Laura Whiteley Krisina Zuñiga and Rick Houghton *Sponsors as of print time Visit hba.org/HarvestCelebration to learn more. Or contact Ashley Gagnon Steininger at ashleyg@hba.org or 346-471-3431.
Judicial Mentoring The Judge/Clerk Relationship
Schmaltz at 515 Rusk Street
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By Michelle Gray applied for a judicial clerkship because it was “the next right thing to do” as an aspiring trial attorney. Oh, and because I had an offer of employment that was contingent on my completion of a federal clerkship. I knew it would look good on my resume (or so I was told by the law school career office). And I heard that you had to go through an arduous process with a guy named Oscar to even apply, so... it had to be prestigious. But I didn’t really know what I was getting into. Well, I was right about a few things. The application process was rigorous. Turns out “OSCAR” is even more intimidating than anticipated. The Online System for Clerkship Application and Review (“OSCAR”) is an application platform that sets out a labyrinth of deadlines and protocols for applying for a federal judicial clerkship. (To illustrate the complexity, the website has a fifteen-page glossary of terms and acronyms used.) By the time I figured out the process for applications, there was no turning back; I’d invested too much already. So, I began reconnaissance. I started interrogating everyone I knew who had clerked. Who did you clerk for? What was it like? Is there a specific order in which I should submit applications? Do I have to wear pantyhose to interviews? (At that time, the answer was “yes.” And pearls.) How do I know whether a specific judge will consider a candidate from my law school? With whom should I apply to clerk? For that last question, one name kept coming up: Judge David Hittner. It seemed like almost every litigator I knew had either interned for him, been in his courtroom, relied on his article with co-author Lynne Liberato on summary judgments,1 or (for a lucky few) clerked for him. I applied. Now, he wasn’t the only judge with whom I applied. (Forgive me Judge Hittner, I was a newly married woman, and I desperately wanted to stay here in Houston, so I cast my net wide.) But I did schedule my interview with Judge Hittner first. And lucky for me, it worked out. After I finished my interview, I was asked to wait in Judge’s chambers. A regal space, I remember thinking how almost every inch of the chestnut-stained wood paneling hosted some souvenir, certificate, award, or accomplishment. There were pictures of Judge Hittner with presidents, Boy Scout merit badges, Dodgers’ memorabilia, and numerous plaques and certificates of accomplishment. As I took it all in, I paused on a black and white picture of a country and western band, the Texas Barflies. Looking closer, I realized that Judge David Hittner and right in the middle sat Judge Hittner with Michelle Gray a guitar, flanked by several other legendary musicians (who also happened to be prominent scholars and practitioners in the Houston legal community).2 I recall thinking, “this would be a fun clerkship.” Moments later, Judge reappeared and offered me a job. (He claims that was the first time he had ever offered a clerkship position during the interview. Whether I believe it or not, I’m thankful he did.) Little did I know, this opportunity would become the foundation for who I am as an Brian, Michelle, and Judge playing Guitar. [L to R] Brian Pidcock, attorney. The lessons I learned, the people Michelle Gray, and Judge David Hittner. I met, and the mentorship I received were beyond what I could have imagined (and were well worth the hassle of OSCAR). For the next two years, I had the honor of clerking for one of the most well-known, most humorous, most trial-loving judges in Texas—the Honorable David Hittner. As another Hittner clerk says, it was “the
best job ever.”3 I don’t have the word allotment necessary to share all the reasons that my clerkship with Judge Hittner was so influential, so I’ll share a few of my favorites:
of on-the-job training and two years of Judge Hittner’s pop quizzes, I understood. You can be the most learned attorney, but if you cannot exercise good judgment, think on your feet, and be practical when needed, you probably shouldn’t be a trial lawyer.
Judge Hittner taught me the value of one’s reputation as a lawyer. Lawyer jokes exist for a reason. The public thinks we are untrustworthy. That’s a problem. Our job is to convince our audience to trust us, whether a judge or a jury. To do so, we must be trustworthy. Judge Hittner taught me that building a reputation of trustworthiness with judges, colleagues, clients, and even opposing counsel is an attribute. Learning not to exaggerate facts, but instead to reframe them, is a skill. He taught me that persuasiveness is the way you tell the story, not the story itself.
The clerkship taught me the value of mentorship and true friendship in this career. My favorite and most cherished aspect of the clerkship continues to be the relationships I built. Judge Hittner is—and will always be—one of my most beloved mentors. I still call him from time to time for career advice. I still value our periodic lunches and the times I can stop by his courtroom to say hello. But the relationships extend beyond the one I have with Judge Hittner; I walked away with an entire clerk family (including both my co-clerks4 and many others, both before and after me). Then, of course, there are the relationships you build with staff and others at the courthouse.5 In fact, one of my most cherished friends today is the spouse of one of my best friends at the courthouse, a former clerk of Judge Kenneth M. Hoyt.6 Each one of these individuals, along with so many other people I met during my clerkship, have helped shape me as an attorney. And for that, I’m forever grateful—both to OSCAR and, mainly, to Judge Hittner.
He taught me that while this is a very serious profession with very serious outcomes for our clients, we can’t take ourselves too seriously. If you haven’t seen Judge Hittner publicly speak, add it to your bucket list. He is, well, hilarious. Before he was appointed to the federal bench, while he was still a state court judge, he started a Saturday CLE called “Saturday Mornings in Court.” Legend has it, the CLE was a full-day’s credit for a half-day of substantive information and a half-day of stand-up comedy. If you’ve seen him in action, you know that not only is he funny, but he also comes prepared (appropriate for an Eagle Scout). There are almost always at least a few props. My favorite is a jar of chicken schmaltz that he brings out each year at his annual “Hail and Farewell” ceremony (an event where the Hittner clerk family gathers to celebrate the outgoing clerk and welcome the incoming clerk). My guess is that, at this point, the schmaltz is older than the incoming clerks. So, while I learned to work hard during my clerkship, I also learned to take time to laugh. I learned that good judgment is key to being an effective advocate. I jumped into my clerkship as a baby attorney thirsty to “learn the law.” I thought that researching cases and reading articles would make me a good attorney. Soon I realized that while knowing “the law” is a necessary part of the job, the real trick is learning to have good judgment. After every hearing, trial day, or other courtroom appearance by attorneys, Judge Hittner would take the law clerks and his many interns aside and grill us. He never asked about the law; he instead focused on the practical aspects of what had transpired. His questions were varied, but they almost always had one goal in mind: to help us hone our judgment. He would point out when an attorney should have made a concession to gain ground on a more important point. He would reenact questions that, while intended one way, were easily interpreted a completely different way (usually not favorably). And he would always point out when an attorney was using bad judgment about the way he spoke to the court, its staff, and/or the jury. After observing over thirty trials with this sort
Michelle Gray is a founding partner of the trial boutique Fogler, Brar, O’Neil and Gray LLP. In 2021, Super Lawyers magazine named Michelle to both the Texas “Up and Coming 100” list and the Texas “Up and Coming 50 Women” list. She clerked for Judge David Hittner from 2011 to 2013. Endnotes
1. Lynne Liberato is senior counsel at Haynes and Boone, LLP. Not only is she one of the most accomplished appellate attorneys in the state, but she is also a dear friend of Judge Hittner’s with whom he has published multiple editions of the “go-to” treatise on summary judgments in Texas. See Judge David Hittner & Lynne Liberato, Summary Judgments in Texas: State and Federal Practice, 60 S. TEX. L. REV. 1 (2019). 2. The band consisted of Judge David Hittner; University of Houston Law Center professor David Crump; former Bracewell LLP partner Max Addison; and a woman that Time magazine has named as one of the top five women trial lawyers in America, Diana Marshall. Craig Joyce & Matthew Hoffman, Centered: The Third Decade of Houston Law Review, 50 HOUS. L. REV. 1027, 1054 (Winter 2013). Judge Hittner tried to teach me and my co-clerk at the time, Brian Pidcock, how to play the guitar. Of course, upon entering private practice and starting families, neither Brian nor I have kept up with the lessons. Let’s just say that we won’t be invited to join the Texas Barflies anytime soon. 3. Sara Brinkmann, now a partner at Reed Smith LLP, is a brilliant attorney, overall good human, and the outgoing clerk who trained me. She constantly reminded me to enjoy the clerkship. She was right. 4. My first year I had the honor to clerk with Brian Pidcock, now a litigation partner at Hunton Andrews Kurth LLP. I will always be thankful to Brian for teaching me the ropes of clerking. My second year, I clerked with one of the most hard-working individuals I know, Matthew Hoffman, now counsel at Vinson & Elkins LLP. 5. I would be remiss if I did not mention Ellen Alexander, Judge Hittner’s case manager. Everyone that meets her agrees, she is literally the nicest human on the face of the Earth. And she is great at what she does. Then, there was Karen Harpold, Judge Hittner’s former assistant, who ensured that everything worked seamlessly behind the scenes. Both of these women shepherded clerk after clerk through chambers. They became not only colleagues, but confidants, mentors, and friends. And last, but not least, my friend Sandra. As a court security officer, Sandra and I became friends when I lost my access badge and had to get a replacement. Let’s just say that our friendship withstood more than that access badge. To this day, one of my favorite reasons to go to the federal courthouse is to stop in and say hello to Sandra so I can hear about her grandbabies. 6. Thanks, Amos Davis (former Judge Hoyt clerk, now senior counsel at Uber and a 2021 Baton Rouge Business Report 40 under 40 Honoree) for your friendship and for introducing me to Jeanne.
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Reflections of a Former Federal Law Clerk
By Chevazz G. Brown rom 2007 to 2008, I served as law clerk to an exceptional, long-serving federal judge, the Honorable Kenneth M. Hoyt. I enjoyed my time as his law clerk. Ninety percent of my job was aiding in the dispositive motion docket. The other time was spent in the courtroom observing and learning. As I reflect on my time with the judge, my thoughts are dominated by relationships, public service, knowledge, and diversity. First, the relationships I gained are what I cherish most. From the judge to his legal assistant to my co-clerk to the court security officers, clerks, and other judges and their staff, I was privileged to meet and befriend many good people. Some are lifelong friends. Second, I enjoyed serving the public. At its root, the courthouse consists of public servants executing a critically important societal function. It was satisfying knowing that I contributed in some way and alongside a career public servant in the judge who has served our community on the bench for over forty years. Third, the knowledge I gained with the judge prepared me for practice. By the time I arrived at my firm, I had a good idea of the innerworkings of the courthouse. I had gained substantive and procedural knowledge. I also had a sampling of good, bad, and ugly lawyering. As a result, I was able to quickly contribute in a meaningful way as an associate. To this day, I still draw upon my courthouse knowledge to optimize how I lawyer. Fourth, I have come to appreciate the law clerk position as an effective way to help diversify our judiciary. The position
encourages us to consider a career on the bench. It also helps us become professionally competitive. Greater diversity among law clerks creates a more diverse judicial pipeline. For this reason, initiatives across the nation—including in Houston—work to educate and encourage diverse lawyers and law students to consider a career on the bench and to pursue a Chevazz Brown clerkship to help achieve that goal. Finally, I believe the judge fully understands how impactful the law clerk position is to diverse lawyers. It is—and, for me, was—an opportunity creator. And he has given that opportunity to people from all walks of life. Most of us are diverse. And many of us come from our beloved alma mater, Thurgood Marshall School of Law. Considering Judge Hoyt’s nearly thirty-five years on the federal bench, it is difficult to imagine a more diverse body of federal law clerks in the history of American courts. That is special. Chevazz G. Brown is a business trial lawyer at Jackson Walker LLP. When not lawyering, he is advocating for diverse communities, including via DiversePro—a tech startup making it easy for people to find and connect with diverse lawyers who know the culture, language, and experience.
The Joy of Clerking
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By Krisina Zuñiga had the distinct privilege of clerkwith them as one of their law clerks, and ing for two tremendous jurists—the continue to visit with them post-clerkHonorable Jennifer Walker Elrod ship every chance I get. of the U.S. Court of Appeals for the For Judge Saldaña, who lives in my Fifth Circuit and the Honorable Diana hometown of Laredo, Texas, that’s often Saldaña of the U.S. District Court for over the phone (and now Zoom), and for the Southern District of Texas. Both Judge Elrod, who fortunately has chamjudges are not just brilliant lawyers, but bers just down the street from my ofthey are also kind people, loving mothfice, I get to pop in occasionally to visit. ers, and generous mentors. I met Judge Krisina Zuñiga (right) with Judge Jennifer Walker Elrod And last year, I had the pleasure of seeElrod and Judge Saldaña while in law school, worked closely ing Judge Elrod every month in board meetings for the Houston
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Young Lawyers Association, when I was its president and she spective courts). I further saw how to treat parties and advocates was its judicial liaison. with compassion and respect. Suffice it to say, clerking was an During my time clerking, I was lucky to get to know both Judge incredibly valuable experience, particularly since I now work Elrod and Judge Saldaña on a professional and as a trial lawyer, and I recommend it to every personal level—a reason why I look back so law student I meet. Law students should go fondly on those experiences. Judge Saldaña, for these positions. Do your research, talk to for example, swore me into the Texas Bar and professors and former clerks, and just apply! joined me and my family for a celebratory dinYou won’t regret it. ner after the ceremony. I will never forget her I am so glad each of my judges took a chance touching words. on me. They have made such an impact on Judge Elrod and I shared many meals tome that, in 2020, when my husband and I regether when I was a clerk, including on alized we would not be able to have the big Thanksgiving, when she kindly invited me to Krisina Zuñiga with Judge Diana Saldaña wedding we had planned, I asked Judge Elrod join her family for lunch, and at her favorite restaurant in New and Judge Saldaña to participate in a small civil ceremony at the Orleans, Irene’s, when we were there for sittings. Judge Elrod Houston federal courthouse. With their participation, and with and I also worked together on a theatrical CLE presentation for family and other close friends in attendance, it ended up being the Garland R. Walker American Inn of Court titled “Pirates! an even better wedding than we had planned. Rogues, Rascals, & the Rule of Law: From the Spanish Main to the Mainframe.” I will always cherish those memories. Krisina Zuñiga hails from the border town of Laredo, Texas, came Moreover, I will be forever grateful for the skills I learned to Houston for college at Rice University, and came back to Housfrom both judges. Working with them, I became a better writton as soon as she could after completing her J.D. at Stanford Law er (through the editing process and reading their opinions), School and her first clerkship with Judge Diana Saldaña in Laredo. learned how to effectively present a position (when talking She started practicing at Susman Godfrey in 2016, returned after through cases), and was reminded of the importance of colleher one-year clerkship with Judge Jennifer Walker Elrod, and has giality (working with two beloved members of each of their rebeen happily practicing at Susman Godfrey ever since.
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Landmark Cases in Houston Courts
Rodriguez v. Sessions:
Defending Religious Exercise to Keep a Family Together
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By Juan Vasquez, Jr. and Victor J. Viser n Rodriguez v. Sessions,1 the U.S. citizen wife (Celia Rodriguez) and daughter (Karen Rodriguez) of Juan Rodriguez, an undocumented immigrant, brought a claim arguing that his impending deportation violated their rights under the Religious Freedom Restoration Act (RFRA).2 Mr. Rodriguez had entered the country without authorization in 2001 to escape the ongoing political and gang violence in El Salvador and to reunite with his family. Over the next sixteen years, the U.S. government exercised prosecutorial discretion, allowing Mr. Rodriguez to live, work, and practice his faith in Houston, so long as he attended periodic check-ins with U.S. Citizenship and Immigration Services. During a February 2017 check-in, the government notified Mr. Rodriguez that there would be no more prosecutorial discretion for him—he was to be deported on June 29, 2017, shortly after his eldest daughter, Karen, graduated If Mr. Rodriguez high school. Although the deportation order applied directly to Mr. Rodriguez, returned to it essentially meant that Mrs. Rodriguez, a U.S. citizen, and their three U.S. El Salvador, so too citizen children would be subject to a de-facto deportation based on their religious beliefs. The Rodriguez family are Seventh-day Adventists and believe would the U.S. that marriage is to reflect love, sanctity, closeness, and permanence, and that citizen family in order to reflect those characteristics, the family must stay together. By exmembers in ercising prosecutorial discretion for such an extended period, the government accordance with fostered the Rodriguez’s religious beliefs and expression and enabled them to live their faith in this country. If Mr. Rodriguez returned to El Salvador, so their faith and too would the U.S. citizen family members in accordance with their faith and without due without due process. process.” A pro bono legal team from Chamberlain Hrdlicka, which included Juan Vasquez, Jr., Hon. David Medina, David Calvillo, Peter Williamson, Adrian Ochoa, and Victor Viser, worked on behalf of the Rodriguez family to argue that deporting Mr. Rodriguez was not the least restrictive means available to the government and that such action would substantially burden his U.S. citizen family members, who would be forced to make a false choice between exercising their faith in El Salvador and staying in the United States without Mr. Rodriguez. The change in treatment did not reflect any changes in the lived experience of the Rodriguez family. Mr. Rodriguez had an outstanding asylum claim related to the political and gang violence in El Salvador, and Mrs. Rodriguez was in the process of petitioning for her permanent residency. Given these potential paths forward, the de-facto deportation of U.S. citizens after sixteen years of prosecutorial discretion was more restrictive than necessary. The U.S. District Court for the Southern District of Texas dismissed the case without prejudice when the government agreed to allow Mr. Rodriguez to remain in the country to pursue his asylum claim. Jacob Monty and Carolina Ortuzar-Diaz from Monty & Ramirez LLP joined the pro bono legal team for matters before the Fifth Circuit and to assist with navigating Mr. Rodriguez through the administrative processes—all of which have resulted in the family remaining together. This case highlights that while immigration decisions are often treated as isolated to the immigrant individually, they have significant individual, familial, religious, and community effects that can implicate the rights of U.S. citizens.
‘‘
Juan Vasquez Jr. is a shareholder and co-chair of the nationwide Tax Controversy Section of Chamberlain
Hrdlicka and practices in the Houston and San Antonio offices. Victor J. Viser is an associate in Chamberlain Hrdlicka’s San Antonio office. He focuses his practice on federal, state, and international tax planning and controversy matters.
Endnotes 1. Rodriguez v. Sessions, No. 4:17-cv-1854 (S.D. Tex. 2017). 2. The Religious Freedom Restoration Act prohibits the federal government from substantially burdening a person’s religious exercise unless it is the least restrictive means of compelling a governmental interest. 42 U.S.C. § 2000bb.
Arkema Explosion Cases Demonstrate Need for Coordination on Both Sides of the V.
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By Lauren Brogdon n late August and early September 2017, in the immediate aftermath of Hurricane Harvey, an explosion at the Arkema plant in Crosby, Texas resulted in community evacuation and exposure, property damage, and potential exposure to first responders. What followed included criminal charges against Arkema personnel, investigations by at least seven government agencies, and hundreds of civil claims, bringing some of Houston’s preeminent lawyers into the fray. The incident resulted from a unique confluence of a natural disaster—Hurricane Harvey—and industrial factors. Refrigeration at the plant was disabled by the unprecedented flooding that followed Harvey. Residents within a 1.5-mile radius were evacuated. In the following days, some unrefrigerated organic peroxides at the plant decomposed and spontaneously combusted. Others were ignited by city officials as several law enforcement agencies, including the Houston Police Department’s bomb squad, were involved in the disaster response. Over 150 first responders sued Arkema almost immediately, alleging personal injury related to chemical exposure. Hundreds of Crosby-area residents filed personal injury and property damage claims. Those and other cases were consolidated into multi-district litigation. Harris County and Liberty County have separately sued Arkema—joined by the Texas Council on Environmental Quality (TCEQ)—seeking reimbursement for response efforts related to the incident, public nuisance damages, and for violations of state environmental laws. The case brought by Liberty County is pending and the Harris County case is abated at the time of this writing. Because mass tort litigation so frequently ends in settlement, very few valuation markers have been set for this case that would allow the parties to reasonably anticipate the plaintiffs’ compensation and defendants’ exposure. The result is often—as here, five years after Harvey—that companies pay the price for protracted litigation and plaintiffs’ compensation is subject to uncertain delay. Both the Arkema CEO and the former manager of the Crosby plant were criminally indicted for felonies related to the reckless release of toxic chemicals. These charges were dismissed in
October 2020. Other government agencies, including the U.S. Occupational Safety and Health Administration (OSHA), U.S. Environmental Protection Agency (EPA), U.S. Chemical Safety Board (CSB), Harris County Pollution Control, and the Harris County Fire Marshall, conducted investigations, issued citations, and levied fines against Arkema. Some of these investigations took years to complete. The company also faced legal fights about the public release of certain records. Arkema reasoned that terrorism concerns warranted withholding some documents requested by the media, but many documents were ultimately released following requests under the Freedom of Information Act. This incident and resulting legal actions, like so many others of its kind, show the need for coordination between counsel for all litigants. In addition to the obvious priority of securing a site and seeking aid for any injured personnel, premises owners and operators facing such an incident must coordinate seamlessly with their own employees and contractors (who may later become plaintiffs in civil suits), first responders, environmental agencies whose reporting requirements may be triggered, law enforcement and other criminal investigators, OSHA personnel tasked with investigating safety violations and the media, among others. Tracking the voluminous data generated by even a single government investigation can tax unprepared plaintiff and defense counsel alike. If the Arkema cases teach us nothing else, it is that coordination among counsel on both sides can help resolve claims relatively quickly, so the litigation does not become a disaster in and of itself. Lauren Brogdon is a partner in the Houston office of Haynes Boone, LLP, where she specializes in mass tort litigation arising from catastrophic industrial accidents, toxic tort suits involving chemical exposure and environmental contamination, and cases related to hydraulic fracturing and other oil and gas operations. She has handled high-profile cases related to fires, chemical spills, pipeline explosions, and other disasters and frequently advises clients on a range of litigation avoidance, product liability, and marketing strategies. thehoustonlawyer.com
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The Evolution of the Stowers Demand
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By Farrah Martinez n G.A. Stowers Furniture Co. v. American Indemnity Co.1 (referred to as “Stowers”), G.A. Stowers Furniture Company filed suit against the American Indemnity Company for bad faith and fair dealing for how the insurance company handled a lawsuit rooted in negligence and personal injury claims against Stowers by Mamie Bichon. One night, a Stowers employee tasked with delivering furniture to customers left a disabled vehicle on the street with no lights or warning to alert other drivers. Bichon crashed into the back of the Stowers’ vehicle, causing hers to flip over. Bichon suffered severe injuries and sued Stowers Furniture Company for $20,000. Bichon offered a full settlement in exchange for $4,000, but American Indemnity only offered $2,500 (half of its policy limit) and went to court with the intention of saving money. During trial, the jury returned a verdict in Bichon’s favor, resulting in a $12,207 judgment against Stowers in excess of the policy. Stowers sued American Indemnity, arguing that American Indemnity knew the case was hazardous and that Bichon would likely recover over and above the policy limits. Therefore, a $4,000 settlement offer was reasonable and should have been accepted. American Indemnity contended that after investigating the claims, a complete defense against Bichon’s claims was appropriate because Bichon’s injuries were not permanent and did not justify a $4,000 verdict. Moreover, under the policy, American Indemnity had the right to settle or defend the claim but had no duty to settle it. American Indemnity elected to fight and argued that regardless of the outcome, the policy is only for $5,000, and that the insurance company was not responsible for the portion of the verdict that exceeded the judgment. After the verdict, the company agreed to tender the policy limits, leaving Stowers responsible for paying
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Farrah Martinez is the owner of Farrah Martinez, PLLC, where she focuses her practice on helping people seriously injured due to someone else’s negligence. She is a former member of The Houston Lawyer and past editor-in-chief. Endnotes 1. G.A. Stowers Furniture Co. v. Am. Indemnity Co., 15 S.W.2d 544 (Tex. 1929).
The Legal Aftermath of Enron and Arthur Andersen on the Accounting Profession
By Tim McInturf he Enron–Arthur Andersen saga teaches an important lesson in how misleading accounting practices bear criminal and reputational risks. Enron was an energy services company that resulted from a 1985 merger. Enron got into trouble after expanding its ancillary trading activities, such as hedging natural gas prices to trading other commodities, including electricity, internet broadband, weather futures, and other goods 34
the difference. At trial, the district court entered a judgment in favor of American Indemnity. However, on appeal, the Court of Civil Appeals opined that American Indemnity had no obligation to do more than defend the suit, regardless of the outcome. Stowers appealed to the Texas Supreme Court, who whittled the case down to one simple question: would an insurer owe the insured a duty in the matter of a settlement? The court concluded: yes, an insurance company must exercise a degree of care and diligence that a man of ordinary care and prudence would exercise in managing his own business. Simply put, treat the insured’s business as if it were your own, and if an insurer fails to act as a reasonably prudent business owner, then it is subject to paying the excess judgment, not the insured. Otherwise, insurance carriers could play fast and loose with settlement decisions, risking excess verdicts with little to no consequence while leaving the insured responsible for the portion exceeding the verdict. Now, three essential elements are critical to effectively invoke the doctrine. The reasonable demand must be (1) within coverage and policy limits; (2) an unconditional and explicit settlement offer; and (3) provide a reasonable date and time to respond. In closing, this groundbreaking case protects the insured by setting the precedent that an insurance company owes .
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and services. As its focus shifted from operations to trading, its assets shifted from fixed assets, such as pipelines, to intangibles, such as contractual rights to commodities. Arguably, its management and auditors at Arthur Andersen were not prepared for the change.1 Enron’s December 2001 bankruptcy triggered a criminal investigation into its efforts to mislead the public about the company’s success and value prior to the collapse.2 Enron Chairman Ken Lay
and CEO Jeff Skilling were both convicted of criminal conspiracy, securities fraud, and other charges. Other executives and senior employees pled guilty to various related crimes. By August 2001, auditors at Arthur Andersen had reason to suspect that Enron might be investigated or charged in connection with accounting scandals. Nevertheless, Andersen management repeatedly urged members of the Enron team to destroy documents in accordance with the firm’s document retention policy. For instance, Michael Odom, a Houston-based Andersen partner said, “... if it is destroyed in the course of normal policy and litigation is filed the next day, that’s great... we’ve followed our own policy and whatever there was that might have been of interest to somebody is gone and irretrievable.”3 Andersen was later indicted for obstruction of justice on the grounds that it knowingly, intentionally, and corruptly persuaded its employees to shred Enron-related documents. The burden at trial was to prove that any of Andersen’s employees acted “at least in part, with [the] improper purpose” of impeding an official proceeding.4 Five years later, the United States Supreme Court reviewed the jury instructions and reversed the conviction.5 But the damage had already been done. As a result of the conviction, Andersen lost the ability to retain public company clients. Its business was destroyed. Within one year of the conviction, its workforce was reduced from 85,000 to approximately 3,000. What did we learn? We learned that criminal statutes could be used to address misleading accounting practices. These events led to the adoption of the Sarbanes-Oxley Act of 2002 (“SOX”), which imposed strict accounting and compliance standards (and penalties) upon public companies (and individuals). This prosecution and the adoption of SOX has likely deterred other misleading accounting practices. A closer inspection, however, suggests we learned something less obvious. Andersen was very concerned about its reputation and twice turned down settlement proposals that included non-prosecution agreements. Larry Finder, senior counsel at Baker McKenzie who represented Enron competitor Dynegy in the early 2000s, said, “We learned that reputational risk may be harder to quantify and more damaging than legal risk. It was too dangerous to focus only on legal risk.” Ultimately, Andersen’s conviction was reversed. The company won the legal battle but lost the war in the marketplace. Had it made a different reputational risk calculation, it might still be around today.
Endnotes
1. Gary M. Cunningham & Jean E. Harris, Enron and Arthur Andersen: The Case of the Crooked E and the Fallen A, 3 GLOBAL PERSPECTIVES ON ACCOUNTING EDUC. 27 (2006). 2. The FBI investigation into Enron was the largest white-collar investigation in history. FBI agents conducted a nine-day search of Enron’s fifty-story corporate headquarters; conducted over 1,800 interviews in the U.S. and overseas; and collected and processed over thirty terabytes of data, including email from over 600 employees. 3. United States v. Arthur Andersen, LLP, 374 F.3d. 281, 286 (5th Cir. 2004). 4. Court’s Instructions to the Jury at 10, United States v. Arthur Andersen, LLP, No. 02-121 (S.D. Tex. June 5, 2002). 5. Arthur Andersen, LLP v. United States, 544 U.S. 696 (2005).
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Tim McInturf is a mediator who focuses on employment, trade secret, and other business cases. He can be reached at www.mcinturfmediation.com.
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By Maggie Martin
Reflections on Lessons Learned From Judicial Clerkships
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udicial clerkships can provide an invaluable opportunity for young attorneys who are just beginning their law careers, offering them a way to work directly with a judge in state or federal court. Many emerge from the experience with skills and relationships which help pave the way for leadership roles in their professional lives, including with the Houston Bar Association. We invited five HBA committee and section leaders to share what they took away from their judicial clerkship experiences, as well as their leadership roles in HBA programming. Richard Fink, associate with Baker & McKenzie LLP Clerked for the Honorable James C. Mahan, U.S. District Court for the U.S. District of Nevada, from 2017-2018 The most valuable lesson I learned while clerking was the importance of good mentors, and of being a good mentor to others. In Richard Fink chambers, Judge Mahan often spoke of mentors that helped him develop as an attorney,
and he provided excellent mentorship to me while I was a clerk. In turn, I was offered the opportunity to mentor law students that interned in chambers. The network of support that mentor/mentee relationships provide has proven invaluable to me in practice and in my professional development. I co-chair the HBA Fun Run Committee. Every year, the committee organizes the HBA John J. Eikenburg Law Week Fun Run, which includes an 8K race, a one-mile family walk, and a 1K kids run along Allen Parkway. The run benefits The Center for Pursuit, a United Way agency which provides programming and services for individuals with intellectual and developmental disabilities (IDD) and autism. This year, with an excellent turnout and support from our sponsors, we were able to donate over $55,000 to The Center. Jacquelyn Rex, associate with Smyser Kaplan & Veselka, L.L.P. Clerked for the Honorable Rolando Olvera, U.S. District Court for the Southern District of Texas (Brownsville), from 2015-2016 The most valuable lesson I learned from my clerking experience is that shorter briefs and motions are often more persuasive than longer ones. Judges (and their clerks) are responsible for so many cases, all with different fact patterns and issues. The sooner you can make your point, the better. Regardless of how complicated the issues or facts of a
case may be, I strive to begin every brief or motion by succinctly stating the relief requested and the reasons why that relief should be granted. I currently serve as co- Jacquelyn Rex chair of the HBA’s Diversity, Equity & Inclusion Committee. One of the many things the committee does is host a “Saturday Boot Camp” each April, which gives 1L students who received a summer internship through the DE&I program a crash course in litigation/transactional work and professional etiquette, all in an effort to set them up for a successful summer experience. We also invite young attorneys who identify as racially or ethnically diverse, as well as those who identify as LGBTQ+, to speak with the students about their experiences navigating the legal profession. The boot camp is a highlight for many students participating in this program, and we are incredibly grateful for the HBA committee members who have made this event a success year after year. Natasha Breaux, associate with Haynes and Boone, LLP Clerked for the Honorable Fortunato P. Benavides, U.S. Court of Appeals for the Fifth Circuit, from 2015-2016, as well as the Honorable David Hittner, U.S. District Court for the Southern District of Texas (Houston), from 2013-2015 Credibility matters a lot, and even the most well-respected attorneys and firms can have their credibility slip. The substance of your arguments is paramount: Are you “coloring” the caselaw without disclosure, leaving out any Natasha Breaux revenant cases, or “spinning” the evidence too far? Doing so once so can cause the court
to view all your arguments with skepticism. In addition, do not underestimate the importance of non-substantive things, such as consistent formatting, proper citation form, and the absence of typos—any such sloppiness can also undermine credibility. As an officer of the HBA Federal Practice Section, I have helped organize numerous CLE luncheons presented by federal judges, including judges to whom I am connected because of my clerkships. In addition, as a board member of The Houston Lawyer, I have authored and coordinated numerous articles and podcasting materials, including soliciting an article in this issue by a fellow former clerk of Judge Hittner! Daniella Martinez, associate with BakerHostetler Clerked for the Honorable Rolando Olvera, U.S. District Court for the Southern District of Texas (Brownsville), in 2017. Prior to her clerkship, Daniella interned for the Honorable Marina Garcia Marmolejo, U.S. District Court for the Southern District of Texas (Laredo), during her 1L summer. She says, “Both judges serve as mentors to me, I was sworn into the State Bar of Texas in Judge Garcia Marmolejo’s courtroom in December of 2016, and when I married in Mexico in 2018, Judge Olvera and his wife were in attendance.” Of the many lessons I learned clerking, three stand out as particularly valuable: Persuasive writing only goes so far; statutory and common law authority win dispositive motions; judges do not want to referee bickering matches between counsel; and when Daniella Martinez in doubt on filing protocol, call the case manager! I currently serve as co-chair of the HBA’s Diversity, Equity & Inclusion Committee. This year, the DE&I Committee hosted its second annual virtual Mock Interview Program. The Mock Interview Program pairs DE&I Committee members with diverse
1L students who have applied for summer clerkships through the DE&I program for twenty-minute mock interviews, followed by ten minutes of feedback. Thanks to our attorney interviewers—who mock interviewed fifty students over a three-day period, students walked into their interviews more confident and better prepared to make a good impression. The DE&I Committee is incredibly grateful for the time and effort our committee members have given to making this program a success. Nicholas Bruno, associate with Beck Redden LLP Clerked for the Honorable Harvey Brown, the First Court of Appeals, from 2015-2016 A clerkship, in general, is beneficial in sharpening a young lawyer’s technical skills, giving a young lawyer a front-row seat in observing how the court system (and its decision-making apparatus) works, and building a lifelong connection with the judge for whom the young lawyer clerks. My clerkship with Justice Brown was all that and more. Justice Brown was (and remains) an incredible mentor. Perhaps the
most important lessons he reinforced both through his advice and his example was the importance of integrity in practicing law, and the paramount importance of faith Nicholas Bruno and family in one’s life despite the demands of our profession. In the last couple years, I have served as a board member of the Houston Bar Association’s Appellate Practice Section. In that capacity, I helped organize the 2021 HBA Appellate Section’s Judicial Reception (through the complications associated with the pandemic!) and, this year, served as the speaker’s chair for the section (which entails identifying and soliciting speakers for the section’s monthly luncheons). Maggie Martin is managing editor of The Houston Lawyer and marketing and communications director at the HBA.
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Foundation Presents Bill Kroger with Highest Honor and Welcomes Incoming Board The Houston Bar Foundation presented Bill Kroger, partner at Baker Botts L.L.P. with the highest honor, the James B. Sales Pro Bono Leadership Award, during the Foundation’s Annual Meeting and Luncheon held at The Corinthian Houston on February 15, 2022. Kroger is the immediate past president of the Bill Kroger keynote address Houston Bar Association, a former chair of the Houston Bar Foundation, and a sustaining life fellow of the Houston Bar Foundation. Susan L. Bickley, who served as chair of HBF while Kroger served as president of the Houston Bar Association, said he showcased exemplary leadership when he assumed his role just months after COVID-19 hit Houston. “Bill was instrumental in not only Bill Kroger and Susan L. Bickley guiding the HBA and its members to help the greater Houston community weather the pandemic, but also ensured support
2022 Houston Bar Foundation Chair Christian A. Garza (right) presents immediate past chair Polly Fohn with a plaque for outstanding service to the HBF. 38
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James B. Sales Pro Bono Leadership Award recipient Bill Kroger (right) pictured with James B. Sales, who served as HBA president 1980-1981.
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for pro bono activities through its charitable arm, the Houston Bar Foundation,” said Bickley. “Under Bill’s leadership, we had record-breaking fundraising success to support pro bono legal services. Bill’s leadership continues to benefit not only the HBA and HBF, but the greater Houston community, as well.” Christian A. Garza of Enterprise Products took office as 2022 Chair of the Houston Bar Foundation, succeeding Polly Fohn of Haynes and Boone, LLP. “I am so honored and privileged to serve such an incredible organization,” said Garza. “I look forward to working with our board, the Houston Bar Association, Houston Volunteer Lawyers, and our community partners to build on the success Polly and her board have built upon in the past year.” The Foundation’s board includes Daniella Landers of Womble Bond Dickinson (US) LLP, who will serve as vice chair, and Travis Wofford of Baker Botts L.L.P., who will serve as treasurer. New directors are 2022-2024 directors Alistair Dawson of Beck Redden LLP; Linda Hester of Phillips 66; Margot Trevino of Williams Hart; and Richard Whiteley with Bracewell LLP. HBA President Jennifer A. Hasley and HBA Executive Director Mindy Davidson serve as ex officio members. Awards were also presented for outstanding contributions to Houston Volunteer Lawyers (HVL), which provides pro bono legal services to low-income Harris County residents. Awards were also given to individuals recognized by the Dispute Resolution Center (DRC), which provides free alternatives to formal litigation. Photos by Deborah Wallace, Barfield Photography
Anietie Akpan, editor-in-chief of The Houston Lawyer, and Mia Lorick (inset) were honored as co-authors of the outstanding legal article published in the magazine.
Lan Nguyen of Shortt & Nguyen, P.C. was honored for Outstanding Contribution to HVL by a Small Firm.
Keri Brown of Baker Botts L.L.P. accepted the award for Outstanding Contribution to HVL by a Pro Bono Coordinator.
The Hon. Fran Watson was honored for Outstanding Contribution to HVL by an Individual.
Hunton Andrews Kurth LLP was given Outstanding Contribution to HVL by a Large Firm.
Felicia Harris Hoss was the recipient of the Outstanding Contribution to the Dispute Resolution Center.
Chevron Corporation was awarded Outstanding Contribution to HVL by a Corporate Legal Department. Julie Stanger (pictured center with plaque) is on the HBF Board of Directors.
The Hon. Josefina Rendon accepted Longevity of Exemplary Service to the Dispute Resolution Center.
Foley & Lardner LLP received Outstanding Contribution to HVL by a Midsize Firm.
37th Annual John J. Eikenburg Law Week Fun Run Returns to Downtown Houston
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he HBA’s 37th Annual John J. Eikenburg Law Week Fun Run raised over $55,000 for The Center for Pursuit, a nonprofit, United Way agency that provides employment, enrichment, residential, and health care services to individuals with intellectual and developmental disabilities (IDD) and autism in the Houston area. So far, the HBA has donated over $1.6 million through this annual event. The annual event returned to downtown Houston in February after the pandemic prompted the event to go virtual last year. More than 400 walkers and runners of all ages turned out at Sam Houston Park. A full list of winners can be found on the Fun Run Committee webpage at hba.org/funrun.
John J. Eikenburg, Jr. and his daughter, Ellie Eikenburg. The race is named in honor of John’s father, who was HBA president from 1985-1986.
The race is named in honor of the late John J. Eikenburg, who during his presidency of the HBA in 1986 wanted the HBA to host an annual charity run to become more involved in the community. Upon his passing in 1997, the board voted to rename the run in his honor. Special thanks to the co-chairs of this year’s Fun Run Committee: Richard Fink of Baker & McKenzie LLP, Amber Morrison of R. Reese & Associates, PLLC, and Nicolette Zulli of Duane Morris LLP. Interested in serving on the Fun Run Committee and planning next year’s event? Sign up at www.hba.org/committees. Contact Bonnie Simmons at bonnies@hba.org for more information.
Runners start the 8K race.
Photos by Anthony Rathbun Photography
(R to L) Gregory M. Hasley and 2021-2022 HBA President Jennifer A. Hasley of Hasley Scarano, L.L.P. with HBA members Alvin Adjei (Burritt | Adjei PLLC and 2021-2022 HYLA President) and Zachary Caballero of Padilla & Rodriguez, L.L.P. thehoustonlawyer.com
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Samuel Gillaspie, Grant Dykeman, and Joshua Fojtik with South Texas College of Law Houston pose with their trophy. Team “LeGALS” representing the South Texas College of Law Houston’s Black Law Student Association.
(L to R) Alex Fuelling, Madeline Herrera, and Cindy Perez participated as the ‘Lightning Lawtinas’ team from Thurgood Marshall School of Law.
Race director and Fun Run Co-chair Nicolette Zulli enjoying the post-race party.
Joseph Holloway with the UHLC’s “Legal Eagles” team, Marco Graniel, Emelia Duguay, and Neil Segal.
Several members of the Harris County judiciary participated in this year’s Fun Run.
2022 HBA Fun Run Sponsors
Thank you to the following for their in-kind contributions Eureka Heights Brewing Co. Race Support: Master of Ceremonies: Houston Dynamo/Houston Dash The Eikenburg family Benjamin Roberts, Benjamin Iron Keel Strength Precinct One - Constable Alan Rosen and Roberts Law, PLLC Todd Lonergan his 50 officers providing security The Art Institute of Houston The musical talents of: Door prizes donated by: and logo designer Devyn Coleman Grand Old Grizzly Athleta Holler Brewing Co. The Buffalo Grille Doug Teel and Norton Rose Fulbright US LLP Presenters: I.W. Marks Jewelers HBA President Jennifer Hasley, Kendra Scott Highland Village Post-Race Party Support: Center for Pursuit CEO Little Matt’s Aspire Accessories Charles Canton, The Phoenix on Westheimer Gingersnaps Etc. Precinct One Kay Sim CoffeeQ food truck Constable Alan Rosen
Equal Access Champions The firms and corporations listed below have agreed to assume a leadership role in providing equal access to justice for all Harris County citizens. Each has made a commitment to provide representation in a certain number of cases through the Houston Volunteers Lawyers. Abraham, Watkins, Nichols, Agosto, Aziz & Stogner Akin Gump Strauss Hauer & Feld LLP Baker Botts L.L.P. BakerHostetler LLP Beck Redden LLP Blank Rome LLP Bracewell LLP Law Office of David Hsu Brogden and Associates CenterPoint Energy, Inc. Chamberlain Hrdlicka Chevron USA Dentons US LLP The Ericksen Law Firm Eversheds Sutherland US LLP Exxon Mobil Corporation Fleurinord Law PLLC Foley & Lardner LLP Frye and Benavidez, PLLC Fuqua & Associates, P.C. Gibbs & Bruns LLP Gibson, Dunn & Crutcher LLP Gray Reed Greenberg Traurig, LLP Halliburton Energy Hasley Scarano, L.L.P. Haynes and Boone, L.L.P. Hunton Andrews Kurth LLP Jackson Walker L.L.P. Jenkins & Kamin, L.L.P. The Jurek Law Group, PLLC Katine & Nechman L.L.P. Kean Miller LLP Law Firm of Min Gyu Kim PLLC
King & Spalding LLP KoonsFuller, P.C. The LaFitte Law Group, PLLC Kirkland & Ellis LLP Locke Lord LLP LyondellBasell Industries Martin R.G. Marasigan Law Offices Marathon Oil Company McDowell & Hetherington LLP McGarvey PLLC Morgan, Lewis & Bockius LLP Norton Rose Fulbright US LLP Ogletree, Deakins, Nash, Smoak & Stewart P.C. Rita Pattni, Attorney at Law Law Office of Robert E. Price Rapp & Krock, PC Reed Smith LLP Royston, Rayzor, Vickery & Williams, LLP Sanchez Law Firm Shell Oil Company Shortt & Nguyen, P.C. Sidley Austin LLP Angela Solice, Attorney at Law Sorrels Law Squire Patton Boggs Diane C. Treich, Attorney at Law Law Office of Norma Levine Trusch Vinson & Elkins LLP Weycer, Kaplan, Pulaski & Zuber, P.C. Law Office of Cindi L. Wiggins, J.D. Wilson, Cribbs, & Goren, P.C. Winstead PCWinston & Strawn LLP Yetter Coleman LLP thehoustonlawyer.com
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A Profile in Professionalism:
Law in the Family
The Anand Family
Tarush R. Anand, a member in McGlinchey’s Litigation practice group, represents business clients from various industries in trials and appeals. He is the current president and chairman of the IndoAmerican Chamber of Commerce of Greater Houston and a board member of the National Retail and Restaurant Defense Association. Nehal S. Anand, a board-certified labor and employment lawyer, is a shareholder at Littler Mendelson who advises and represents employers in a wide range of employment law matters. She is the vice chair of the Labor and Employment Law Section of the Houston Bar Association.
The Houston Lawyer
with a baby, but I knew I could make it work because I saw a long trail of successful female partners who were role models and mentors.” The couple’s daughters, Arya (6) and Mia (4), may well become the family’s second generation of lawyers. As parents, and especially as lawyers, Tarush and Nehal understand the value of effective communication and regularly teach their girls how to clearly articulate their opinions and emotions. “Kids speak a lot of nonsense, and we try to test them,” said Tarush. “I’ll question their logic or poke a hole in their argument. Our oldest daughter now has well-thought-out explanations and reasoning. Sometimes I have to say, ‘I guess that’s right.’” “We have healthy family debates and sometimes Tarush jokingly responds with, ‘objection, non-responsive.’ Our daughters don’t fully understand what we do yet, but if we come home after court, our oldest daughter immediately asks if I won. I always tell her I did, even if it is just a scheduling conference,” Nehal joked. Tarush and Nehal Anand with their
Tarush and Nehal: The beginning of Tarush and Nehal’s love story is familiar to many busy lawyers. Set up by a colleague, they had their first date after they both returned from outof-town hearings. As Nehal shared her disappointment with the outcome of her hearing, Tarush understood the issues and empathized by sharing his own experience. While most people avoid discussing work on a first date, this became a natural ice breaker for them. “I daughters Arya and Mia. was comforted by the fact that I could have a challenging day and could come home to someone who underA team effort—inside the house and the legal profession—durstood exactly why,” Nehal said. ing the pandemic: The COVID-19 pandemic changed daily life Tarush and Nehal are Indian Americans and first-generation for the couple. They leaned on “tag-team” parenting. They impleattorneys. Coincidently, during a period of their childhood, they mented childcare shifts and recruited assistance from grandparboth lived only one mile apart in Bombay, India. Nehal moved to ents. the U.S. at the age of four. From middle school through college, “Having flexible law firm employers and colleagues was inNehal participated in nationally competitive cross-examination valuable during the pandemic,” said Nehal. “It also helped that debate. She took her love for research, analysis, and argument to our opposing counsel and clients were in similar situations. We law school and graduated summa cum laude from South Texas each empathized when we heard screaming children in the backCollege of Law Houston in 2009. Tarush moved to the U.S. after ground of calls. In many ways, the pandemic was a team effort, high school. He graduated magna cum laude from the Univernot only at home, but also across the legal profession, because sity of Houston at the early age of 19. The combined forces of a everyone was going through it.” hospitality law course and a devoted professor prompted Tarush “Looking back at the beginning of the pandemic, we were not to apply to law school. Tarush graduated from the University of sure how it would all come together, but it worked,” said Tarush. Houston Law Center in 2006 at the age of 22. “And we gained quality time with the kids.” They soon settled into a routine, each working from home Their family: Nehal and Tarush had their first daughter when down the hall from one other. “We talk all the time and share Nehal was an associate. Tarush handled the mornings with her, ideas and strategies,” said Tarush. “It’s great to get an honest, imwhich allowed Nehal to be in the office before sunrise and leave mediate answer from someone you trust.” early to handle things after school. When Nehal was 9-months The pandemic will hopefully soon be behind us, but Nehal and pregnant with their second daughter, she had a federal court jury Tarush’s partnership continues. They work two buildings away trial—delivering their daughter just days after the verdict. “Some from each other in downtown, and you’ll find them carpooling to days were harder than others. I vividly recall cranking the radio work a few days a week—sharing war stories, ideas, or just planup during my morning commute because I was up most of night ning dinner options. 42
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The Sales Family
sponse when the Texas Supreme Court asked me to work on its Access James B. Sales grew up in Weimar, Texas before attending the University of to Justice Commission. Texas. After graduation, Jim served as an officer in the U.S. Marine Corps. When I became HBA president in 1980, I saw the pressing need for leFollowing his return, he pursued a law degree from the University of Texas gal services for those who could not afford an attorney. With the support Law School. In 1960, Jim began an illustrious career as a trial lawyer at of the board, we established the Houston Volunteer Lawyer Program, Fulbright & Jaworski (now Norton Rose Fulbright). He trained under legknown as Houston Volunteer Lawyers (HVL) toends Leon Jaworski, Kraft Eidman and Royce Till, day. To provide ongoing financial support for HVL, eventually heading the firm’s litigation department for we established the Houston Bar Foundation. Since 21 years. Jim has received virtually every major award its inception 40 years ago, HVL has gone on to progiven by the profession, including the ABA Foundation vide pro bono legal services to tens of thousands 2009 Outstanding Service Award. Jim served as presiof persons who otherwise faced eviction, divorce, dent of the HBA from 1980-81, during which he led the spousal abuse, and myriads of other legal issues effort to establish both the Houston Volunteer Lawyer without any professional help. Program and the Houston Bar Foundation. While presAlong the journey of my legal career, we always ident of the State Bar of Texas, Jim helped create the took our children to bar and firm outings and trips. Texas Lawyers’ Assistance Program to assist lawyers Almost by osmosis, Travis, from an early age, said dealing with substance abuse. His proudest achievehe wanted to be a lawyer, and I am astonished how ment is having all three of his children follow him into much his career has followed my own. I have truly the legal profession—Mark K. Sales is a partner at enjoyed watching and sharing every minute of it. Diamond McCarthy in Dallas; Debbie Sales Elmore is Travis Sales (left) and his father, And while I look back proudly to many things in a lawyer in Houston at Scott, Clawater and Houston; James B. Sales. my career, the one that brings me the most reward is that I tried to make and Travis James Sales is a partner at Baker Botts in Houston. a difference to those who needed help the most. Above all, I feel blessed to have been able to practice law with incredibly wonderful, talented Travis Sales also attended the University of Texas School of Law and then lawyers and with a loving and supportive family. I wouldn’t change one joined Baker Botts as a trial lawyer in 1987. He has been a partner at Baker bit of it. Botts since 1996, where he handles commercial, ERISA, product liability, construction, and other cases. Like his father, Travis has been recognized Travis Sales: From my earliest memories, I idolized my dad. We Sales as an outstanding trial lawyer, including being inducted as a fellow of the are not big people, but to me, he was—and is—a giant. I so admired his American College of Trial Lawyers, and is active both in the bar and the work ethic, the way he handled himself, his professionalism and, most profession. Travis served as president of the HBA from 2008-09, as a director of all, his kind spirit. Going to many bar functions, the lawyers seem to of the State Bar of Texas 2009-11, as chair of the Houston Bar Foundation really enjoy what they did and what they stood for. And they were awein 2017, and as a delegate to the American Bar Association House of Delsome storytellers. I wanted to be like them—like Dad. egates from 2017 to the present. Of note, Travis’ brother, Mark Sales, is also Before college, Dad lined up a job for me in the Baker Botts’ supply currently serving as a delegate of the ABA House of Delegates and previously room. There, I met many great lawyers with whom a few years later I served as president of the Dallas Bar Association. Travis has been awardwould have the privilege of practicing law. They, like Dad, encouraged ed the State Bar President’s Award and the State Bar Judge Sam Williams me to get involved in the HBA and the State Bar -- starting with serving Award for his service to the community following Hurricane Ike and for his on the CLE - and other HBA - committees, then through service as a diwork in establishing the HBA’s Veterans’ Legal Initiative. rector on the HBA Board, and then eventually as HBA president in 2008. Having been taught the importance of giving back, as HBA president, Jim Sales: I originally planned to study mechanical engineering at the we started the HBA’s Veterans’ Legal Initiative. Working through HVL, University of Texas but having grown up in a small agricultural town of which Dad had started 27 years earlier, we established free legal clinics about 2000 people I quickly found I did not know a Bunsen burner from for veterans in need every Friday at the Michael E. DeBakey VA Medical a blowtorch. Several acquaintances suggested that law was a reasonably Center, as well as legal clinics at VFW and American Legion halls. The respectable alternative. As fate would have it, it was. VLI program went on to be the template for the State Bar’s Texas LawMany years later, after making partner, I rather jubilantly told my yers for Texas Vets program and has been emulated around the country. mother how proud I was to be a Fulbright & Jaworski partner. Her reI feel incredibly blessed to have a dad who has been the most amazing sponse was, in effect, “that is very nice—I am happy for you.” Sometime role model and trailblazer and to have a loving and supportive wife of later, while visiting with my mother, I told her of our efforts to creover 34 years, Sandy Sales. Practicing law is rewarding, but it involves ate the Houston Volunteer Lawyer Program to provide legal help to the hard work, stress, and emotional ups and downs. Having a family supmany less fortunate in Houston. I still recall how proud she was that I port system provides the balance most lawyers need. Finally, I truly apwas “finally using my legal education to help poor people.” That made preciate all of the opportunities provided to me by our incredible Housa profound impression on me—it still resonates in my mind. As only ton Bar Association and our profession. mothers can do, she gave me perspective. It certainly affected my rethehoustonlawyer.com
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VETERAN SPOTLIGHT
Rachel Collier
“Being a veteran is an honor. It’s an expectation I must always live up to, a membership I must continue to earn, and a lesson I can never forget.” –Rachel Collier
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All Veteran Profiles for this issue are written by Anietie Akpan
s was the case for many young people in the mid-2000s, nineteen-year-old Rachel Collier found herself at a crossroads in the fall of 2005: she was working at a mall in Nashville, was not interested in going to college, and otherwise had no real prospects. During halftime of an LSU football game in November of that year, she was sitting on her father’s back porch when he came outside, sat down beside her, and asked her about her future plans. “I had no plan,” shared Rachel. “He knew I had no plan; it was a rhetorical question.” Rachel’s father had joined the Navy while in medical school and served seven years after graduating, including three years as a Naval flight surgeon (which he describes as one of his best life experiences), before spending another thirty years as an ER doctor. His own father had been a Marine—a rifle platoon leader during World Rachel Collier War II. With hope to inspire Rachel to pursue a fulfilling future, her father conducted some research on the U.S. Coast Guard—its missions, operations, the training that enlisted members receive, and the experience they could acquire—and during that LSU halftime suggested that Rachel consider enlisting, noting that it just might be the best path forward for her. A few months later, on January 31, 2006, she was on a bus to boot camp for the U.S. Coast Guard. “The U.S. Coast Guard is a much more dynamic branch than many people realize,” Rachel explained. “The familiar part of its mission is maritime response in the form of search and rescue, but it also has law enforcement operations protecting the borders, intercepting illegal migration, organized crime and maritime drug trade, security and antiterrorism operations, and defense operations around the world.” Rachel was enlisted in the U.S Coast Guard for over four years, earning the rank of petty officer third class before she separated in June of 2010. She did tours in Newport, Rhode Island; the North 44
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Arabian Gulf; and San Juan, Puerto Rico, earning the Coast Guard Meritorious Team Commendation, the Coast Guard Meritorious Unit Commendation, a Commandant’s Letter of Commendation, the Global War on Terrorism Expeditionary Medal, the Iraq Campaign Medal, and the National Defense Service Medal. But the road to these distinguished accolades wasn’t easy; it was paved with the prickles of gender bias—being marginalized and undervalued: “You could not be feminine without running the risk of either being taken advantage of, being underestimated, or both,” said Rachel. “As a female, you had to learn to be hard, to have thick skin, to not let anyone see your weakness or fear. It’s an extra duty you stand, an extra level of alert and on-guard—not only against named threats, but also against the threat posed by someone who ought to have been a comrade and friend. Fortunately, this issue is gaining visibility and losing the benefit of tolerance and inaction.” In her post-service life, Rachel pursued a career in law, graduating from the University of Houston Law Center in 2019 and subsequently practicing as an associate in White & Case LLP’s Capital Markets Practice. In addition to developing her budding legal career, Rachel has maintained involvement in several veterans’ groups and initiatives, including assisting with asylum representation for two Afghan refugees—one of whom is a female military member— who were both evacuated to the U.S. after our troops were pulled out of Afghanistan last summer. “I believe it is incredibly important to endeavor, each in our own way, to support our veterans, active and reserve military, police, fire and emergency response, and other service men and women,” explained Rachel. In reflecting on her service, Rachel shares that she learned invaluable skills: responsibility, discipline, perseverance and resilience, leadership, followership, loyalty, and the ability to perform well under extreme pressure. “However, I think the most important skill I learned during my enlistment was a sense of ownership,” she said. “Myself, my actions and reactions, my personal development, the quality of my work, and the success of my task and my mission, are all determined by the degree to which I take ownership of them.” For Rachel, being a member of the U.S. Coast Guard gave her something to be proud of, introduced her to her own capacity for achievement, and provided a sense of purpose. “Just as my father knew it would,” she shared.
VETERAN SPOTLIGHT
Daniel N. Ramirez
Medal in 1996 and 1999. Daniel also shared how the Navy provided essential lessons about the importance of leadership and teamwork, especially under pressure: “I learned that everyone on a U.S. naval ship must board-certified attorney who has been practicing law be cross-trained to be a firefighter, CPR-certified, and must know for nearly twenty years, Daniel N. Ramirez serves as a how to survive on a ship that has water and structural damage name partner for Monty & Ramirez, LLP, a Texas law from a torpedo or enemy attack—those are not common skills you firm which focuses on the representation of public and acquire from a traditional office job.” In reflecting on his career private sector employers in matters involving employtoday, Daniel still applies the leadership skills he learned from the ment, labor, and immigration issues. Daniel is also a second-generNavy to the day-to-day management of his practice and law firm. ation U.S. Navy servicemember, He remained enlisted in the Navy Reserves for more than a whose professional and personal year during his time at the University of Texas School of Law but life reflect his commitment to decided to resign from the military to focus on his courses. “In hard work and serving others. hindsight, I sometimes wish I continued my military service, but Inspired by the valiant service the pressure of law school made me decide to focus on school and of his father—a World War II my legal career versus my military career,” Daniel said. After comand Korean War Navy veteran— pleting law school, Daniel and his wife Daniel served in the U.S. Navy Celia Balli (also a UT Law alum) moved and Naval Reserves for eight from Austin to Houston, where they have years. “My father influenced my been living for the past 19 years. choice to join the Navy,” said Daniel. “In my high Though there are countless ways to school years, he always recommended that I join support the veteran community, Daniel the Navy to gain practical work experience because shares that supporting veteran-based orit taught him work ethic and helped him gain valuganizations is paramount, especially in able experience that laid the foundation for his cacities that may not have a strong concenreer.” And though his curiosity of being a sailor and tration of active-duty military personnel, traveling the world was also a big influence on his such as Houston. “Veterans play an imdecision to enlist, like many young people, Daniel portant role in society and are sometimes joined the military to help fund his college educaforgotten in communities that do not tion: “I chose the Navy because it offered a unique have a permanent active-duty military military reserves program that included G.I. Bill presence,” he explained. “We should not financial assistance for college,” he said. Daniel N. Ramirez forget that veterans put their lives in danAs a first-generation college student from El ger to provide Americans with the opportunity to live their dream. Paso, Texas, Daniel did not have many opportunities outside of Because of their sacrifice, we should take the opportunity to thank his hometown. The military gave him his first chance to leave them for their service and give back to veteran-based organizaEl Paso and meet individuals from a spectrum of backgrounds tions to support them.” Daniel demonstrates his own support by and life experiences, as well as visit different parts of the world, financially contributing to organizations supporting children of including Japan, Spain, Portugal, and Hawaii. As an enlisted U.S. veterans who need financial assistance to attend college—just as Navy and Naval Reserves servicemember, Daniel started his milihe did as a young man in El Paso over twenty years ago. tary career as a boatswain’s mate, in which he was primarily reServing in the Navy provided Daniel a special and invaluable sponsible for the maintenance and repairs of the ship. However, experience, teaching him leadership skills and a strong work ethDaniel quickly transitioned to a better fit: “I changed my position ic that he continually applies in life and has imprinted on his to Yeoman—an administrative support and human resources posons. “It was a great opportunity that shaped me as a young man sition—once I confirmed I wasn’t a good handyman!” After completing his enlisted service, Daniel continued to serve in the Naval and continually shapes my career,” shared Daniel. “I wouldn’t hesitate to do it all over again. Go Navy!” Reserves, where he earned the U.S. Naval Reserves Meritorious
“We should not forget that veterans put their lives in danger to provide Americans with the opportunity to live their dream.” –Daniel N. Ramirez
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VETERAN SPOTLIGHT
Robert Devlin
Over the course of his career, Robert primarily practiced in civil litigation, now maintaining a mediation practice in his semi-retirement. Over the years, he has maintained steadfast support of military veterans by being a dedicated volunteer at U.S. Army veteran with a spirit of volunteerism and the Michael E. DeBakey VA Medical Center, providing legal a legal career spanning almost sixty years, Robert counsel to veterans and their families in support of the VetDevlin represents the highest principles and tradierans Legal Initiative, which was founded by the Houston Bar tions of the legal profession and service to the public Association, the Houston Bar Foundation, and Houston Volin the community. unteer Lawyers. “Veterans often do not know how, or are too Before becoming a licensed attorney in 1965, Robert majored proud, to ask for or seek help, legal or otherwise,” shared Robin radio and television at the University of Wisconsin, where ert. “The public needs to realize that this pride doesn’t mean being a member of the Reserve Officers’ Training Corps (ROTC) that a veteran doesn’t have problems, but instead that he or she was required during his doesn’t know how or where to seek help. HBA’s veteran clinics first two years of college. have been the answer to this problem. Please volunteer at these He decided to join the Army clinics to help our vets.” Robert has demonstrated a years-long ROTC (“My eyesight wasn’t commitment to these clingood enough for the Air ics (often volunteering every Force ROTC and the Naval week), which has resulted in ROTC wasn’t an available him being recognized with option.”); but after serving the Frank Scurlock Award his mandatory two years, he by the State Bar of Texas, and elected to stay in the Army Robert Devlin enrolled as Outstanding Volunteer by ROTC for the remainder of in the University of Houston Law Center ExxonMobil in 2016. college, becoming a second while still serving in Robert’s storied careers— lieutenant upon his gradua- the Army Reserves, graduating in 1965. both military and legal—retion in 1960. flect the achievements of a After graduating, Robert served two years man who has dedicated his active duty in the U.S. Army, the majority of personal and professional which was spent at Fort Hood, Texas, with life to serving others: “My three months of service spent in Hollywood, military experience was the Florida, where his unit was deployed during the cornerstone of my growth as Cuban Missile Crisis. an attorney and the developAs a young serviceman, Robert “earned his ment of the many skills necwings” (became airborne-qualified) in 1961, essary to practice law for over qualifying him to jump out of aircraft and parfifty years,” Robert said. “The ticipate in other airborne operations. In 1962, drive, teamwork, the commitRobert was awarded the Expert Infantry Badge ment to help, serve, all came and Outstanding Armored Calvary Platoon from my military experience. Leader, 6th Infantry, 1st Armored Division in Robert Devlin “earned his wings” in 1961, qualifying him They contributed to my belief Fort Hood, Texas. Robert subsequently served to jump out of aircraft and participate in other airborne that the practice of law was for almost four years in the Army Reserves, as- operations. all. This led to my continued involvement with veterans.” signed to the 75th Maneuver Area Command here in Houston, eventually retiring from the U.S. Army with the rank of capAnietie Akpan is the editor-in-chief of The Houston Lawyer. She tain. While still serving in the Army Reserves, Robert enrolled is staff counsel for the Metropolitan Transit Authority of Harris in the University of Houston Law Center, graduating in 1965. County, Texas (METRO).
“Being a veteran has provided me with many of the skills necessary to be an attorney, but more importantly, to be a better person.” -Robert Devlin
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A Profile
in pro f e s s i o n a l i s m
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Hunter M. Barrow Shareholder, Andrews Myers, P.C.
n the trial context, professionalism truly is displayed when a case involves trial lawyers who appreciate each other’s skill and, while they fight vigorously for their clients within the rules, treat each other with respect and civility. As a young lawyer, I worked on a case involving two great trial lawyers who have since passed: Ken Nunley of Boerne, and my boss and mentor, Grant Cook of Houston. In that case, I carried Grant’s briefcase for a hearing in Corpus Christi. The federal judge, Chief Judge Hayden Head, who had never met Grant, grilled him intensely. To say that Judge Head was a hot bench that day would be an understatement. Grant took each shot and question and responded with equal strength and power, while at the same time giving total deference and respect to Judge Head. After Grant finished his argument, Judge Head gave Mr. Nunley the same treatment. Mr. Nunley was also a fine man and trial lawyer and performed well that day. When the hearing concluded, Judge Head asked Grant and Mr. Nunley if they got along and liked each other. They both said yes, and Judge Head asked them to meet him for lunch. He said he wanted to eat with them because he thought they were both exceptional and remarked that he had not seen that level of advocacy in a long time. I learned many lessons that day in professionalism—lessons in preparation, advocacy, perseverance, resilience, composure, and relating with opposing counsel and the court. Each case is a blessing in which we have the opportunity to show professionalism to our clients, our fellow lawyers and staff, opposing counsel, and the court. Along those lines, it is not weak to treat your adversary with respect, and even kindness. It furthers our profession and strengthens the legal system as a whole.
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OFF THE RECORD
Persevering Through Tragedy:
An Attorney’s Journey of Finding More Grace and Humanity in Law
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The Houston Lawyer
By David T. López
a long and arduous journey ahead for Alex: how to resume his life he 1969 Western True Grit follows the coming-of-age triwithout the use of his lower limbs. als and tribulations of young Mattie Ross, who sets out to The initial attempts at restoration avenge her father’s murder in were unsatisfactory. Traditional proslate 19th century Arkansas. thetics were inefficient and severely Arriving in Fort Smith, she hampered Alex’s mobility and the reidentifies U.S. Marshall Reuben “Roostsumption of a normal life. er” Cogburn as a man of “true grit” Carbon fibers shells, hard rubber and hires him to track down the killer. sleeves, and flexible suction cups were While Cogburn was no doubt a man of used to attach Alex’s remaining legs to grit under the conventional definition, the prosthetic legs. The rubber knee and the ineffable quality of true grit is arstrain of using the prosthetic leg caused guably more appropriately applied to profuse perspiration, which interfered 14-year-old Mattie for her remarkable with the suction needed to accommoboldness, decisiveness, and toughness date Alex’s weight. In one instance, Alex despite the innumerable odds stacked was exercising when his right prosthetic up against her. When you want an exleg lost suction and fell off. Walking, ample of true grit and perseverance, even at a very slow pace, was painful. look no further than fellow Houston Alex’s doctor, Dr. Danielle Melton, lawyer Rene Alejandro “Alex” Weath- Alex Weatherford, his wife, Dr. Nicola Dundas, and their children. told Alex of a surgical procedure deerford, whose demonstrated resolution veloped in New Zealand that appeared and courage in his recovery from a mato offer a solution. Unfortunately, the jor tragedy mirrors the qualities of the osseointegration procedure was not apresilient Mattie Ross. proved in the United States and required At the invitation of his friend, Alex a substantial payment up front (which joined them for a flight in their private would impose the additional expense of plane. While approaching a landing in travel and housing abroad.) a private airstrip north of Cleveland, Alex pressed his legal training and his Texas, the plane crashed in a wooded wife’s medical contacts in a continuous area. The airstrip was located near his effort to obtain access to the osseointefriend’s house, and family members The hydraulic legs Alex gration procedure. In February 2021, rushed to the crash site. Alex’s spouse, uses to walk. The wreckage after the plane crash. he was informed that the FDA had approved the osseointegration Dr. Nicola Dundas, was the first to arrive, finding the plane deprocedure, which would enable him to use his insurance benefits. A stroyed and Alex and his friend both seriously injured. new development, however, was that use of the osseointegration in Alex remembers only being fixated on the plane’s instruments as Houston was being directed at single leg amputees and there would the crash was imminent. When he regained consciousness at a hosbe three single leg amputees prior to Alex’s surgery. pital, his wife was at his bedside. Alex considers himself fortunate Arrangements for the extensive surgical process required for two that she was able to offer some calm reassurance when he looked legs, however, had not yet been implemented in Houston. The protowards his legs and saw they had been amputated above the knee. cess finally began in April of last year and ultimately required five There was no internal injury, but there was considerable loss of surgeries by two surgeons. The first surgery consisted of hollowing blood, which required the transfusion of fifty units of blood product. But this laborious medical procedure was just the first step of Continued on page 56 48
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SECTION spotlight
Construction Section:
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Professionalism, Friendship, and Collaboration in the Age of COVID
By Tiffany Harrod
he State Bar of Texas Construction Law Section in Section. Participation not only taught me about important leHouston is a diverse group of over 400 attorneys gal issues, such as insurance, third-party practice, suretyship, with a passion for supporting the construction inand AIA forms, but also professionalism and respect for my dustry. Over the past two years, the pandemic has peers. Moreover, the state’s construction bar in Houston is a impacted the confun group! Over the years, we have held crawstruction industry by exfish boils at Cottonwood, judicial panels at Saint acerbating labor shortages, Arnold Brewing Company, and monthly lunches bringing supply chains to a and annual holiday parties at Brennan’s. standstill, increasing costs, The construction industry must allocate risk and causing contract disto generate profits, and our group works on anputes. Regulations generticipating construcated by the pandemic are tion regulations and constantly changing and impacts in order to the court systems have been advise our clients. Networking largely shut down. Despite The development and socializing the many challenges, work that comes from continues. participating in prowith one In 2020, I became chair fessional organizaanother is of the HBA’s Construction tions helps us grow Law Section. Like other as advocates, counan important groups during the pandemselors, and friends part of our ic, we took our monthly in argument. group.” seminars online. Unlike the The world we construction industry that practice in is not we serve, our work can be that big and the networks that we build within done by remote means. As our community will help us in the future. The a group, we identified legal Tiffany Harrod is the immediate past chair of the HBA’s Construction Law Section’s lunches are now beissues facing our industry Construction Law Section. ing held in-person at Brennan’s each month and and tailored our monthly lunches to address new regulations, it is great seeing one another again. practice by Zoom, bankruptcy impacts, and contract and tort issues. Tiffany Harrod has more than fourteen years of experience Despite being able to move things online, the HBA Conin commercial litigation. She is the immediate past chair of the struction Law Section’s Council has been determined to get Houston Bar Association Construction Law Section and is active back to in-person meetings. Networking and socializing with in the State Bar of Texas. Tiffany has experience in energy one another is an important part of our group. litigation, construction, insurance, professional liability, products I served on the HBA’s Construction Law Council for eight liability, and maritime law. She has trial experience in state and years. In that time, I grew as an attorney and always enjoyed federal courts throughout Texas and has tried numerous cases and benefited from the camaraderie of the Construction Law to verdict in Harris County, Texas.
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Committee spotlight
Lawyers for a Beautiful Houston Tackle Trash and Graffiti on Brays Bayou
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The Houston Lawyer
By Amy Catherine Dinn
n a beautiful Saturday in November, over fifty volthat spans both sides unteers joined the HBA Lawyers for a Beautiful of Kuhlman Gully. DeHouston (L4BH) Committee to pick up over two spite the daunting task years of trash that had accumulated in Kuhlman before the group at the Gully off Brays Bayou near Gragg Park. Not to be start, by the end of a deterred by debris, this adventurous group of lawyers and few hours, the group community members rose to the challenge to fill an entire rollhad managed to return off container provided by the City of Houston’s Solid Waste the green space to a Services Department in just a few hours. Having not addressed tranquil park with a this popular site for the committee’s cleanups in over two babbling brook runyears because of the pandemic, there was plenty of trash to be ning through it. found on both sides of LB4H thanks all the gully. The Bayou of its volunteers and Preservation Associasponsors for the event, tion further supportincluding the Housed this team’s efforts ton ToolBank, Bayou by providing four caPreservation Associanoes for volunteers to tion, Hartline Barger use to collect trash in LLP, Gulfstream Legal the water. In addition Group LLC, and Donto the full dumpster, na Thomisee. To learn the land-based efmore about how to join forts yielded quite a this committee, please haul, collecting over visit https://www.hba. 30 shopping carts and org/l4bh. eight tires from the site. The committee Amy Catherine Dinn was excited to come has served as the mantogether as a group aging attorney for the for an in-person event The HBA’s L4BH Committee picked up trash, painted over graffiti, and collected trash in the Environmental Justice after performing indi- bayou during its cleanup of Kuhlman Gully in November of 2021. Team at Lone Star Legal vidual cleanup projects last spring. Aid since 2017, which is part of the nonprofit law firm’s larger Committee co-cairs Camille Jenman of EOG Resources, Inc. Equitable Development Initiative focused on environmental justice, and Gary Johnson of Mayer Brown LLP led a diverse group fair housing, and community advocacy for low-income communiof volunteers from several different partner organizations, inties and individuals disproportionately impacted by burdens of cluding the City of Houston Health Department, District I Depollution and industrial facilities in their neighborhoods. Amy has contamination Unit (D.I.D.U.), and local Idylwood Civic Club. been an active member of the HBA’s Lawyers for a Beautiful HousSeveral students and their teacher from Eastwood Academy ton Committee since 2012 and is a former committee chairperson. High School also participated in the cleanup, lending their She enjoys cleaning up local community trash hot spots in the east painting talents to abate graffiti along the pedestrian bridge end of Houston. 50
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A Profile in Professionalism:
In Memoriam
I
A Tribute to the Life of the Hon. Debra Ibarra Mayfield
By The Hon. Eva M. Guzman
tions, and professional associations, Debra modeled individual n Debra, God created a masterpiece of high purpose—a life commitment to a group effort. Debra did not shy away from short, but full. challenges or surrender to tough problems. She rolled up her As we celebrate Debra’s life, we remember her not only sleeves and got to work. When things got as wife, mother, sister, daughter, neighcomplicated, she pushed for innovative solubor, and friend, but also as a valued tions. She was not afraid to take risks or to colleague, a respected lawyer, a dedicated admit mistakes. teacher, a trusted mentor, and a devoted Debra’s most defining qualities were her judge. grateful heart and her generous spirit, and Those who had the pleasure of working they were on full display in her everyday enwith Debra know the high energy, sound counters. Whether she was mentoring law judgment, and fresh ideas she brought to students, leading volunteer projects, working the workplace, the courthouse, and the with clients to solve legal problems, or ruling community. Her many honors and awards on cases, Debra enjoyed helping people, and stand as a testament to the value and vigor she used the many gifts God gave her in sershe delivered to the causes and the orgavice to others. For most professional women, nizations she served. She brought a strong achieving balance is an aspiration. For Debra, voice and a tireless spirit to many groups it was an accomplishment. devoted to meeting the needs of struggling The Hon. Debra Ibarra Mayfield Debra gave her best energies to her husneighbors. In her work on projects for the band and children. She cherished her family and loved them bench and bar, Debra helped elevate the high ideals of the legal well. Beyond that, she opened her heart and home to those who profession and inspired others to do the same. have been called “the least of these.” In all the ways that matShe also used her gifts in public service to the people of Texter, Debra lived large. Debra appreciated the beauty in nature, as: first as judge of County Civil Court at Law Number One, art, and especially music. Her penchant and passion for piano then as judge of the 165th District Court of Harris County, and playing serves as a perfect metaphor for the way she lived – finally, as judge of the 190th District Court of Harris County. striking keys with purpose to create tempo, rhythm, melody, As senior in-house legal counsel for Enterprise Products, and movement – making her days on Earth a symphony of love, Debra brought a keen intellect and years of legal know-how to laughter, faith, hope, peace, and joy. Just as great tunes have a one of the largest publicly traded partnerships. As an adjunct way of staying with us long after the music has stopped, Debra’s professor at the University of Houston Law Center, Debra insymphony — her lively, lyrical legacy — will keep playing in vested in the next generation of lawyers and judges, preparing our hearts as a lasting tribute to a life well lived. them for the opportunities and challenges that lay ahead. With all of these positions came great influence and great responsibility. Debra was a good steward of both. She embraced the Editor’s Note: The preceding is an excerpt from Justice Guzday-to-day challenges of each of these important roles with man’s eulogy honoring Judge Mayfield, which she has graciousgrace and resolve, and she took the same approach to life. ly allowed The Houston Lawyer to share with our readership. Debra enjoyed being part of a team. And, she enjoyed leading teams. Debra knew the power of encouragement and the The Hon. Eva M. Guzman, as a shareholder in the firm importance of accountability. She valued people, and she of Chamberlain Hrdlicka, served for twenty-two years in the Texas treated everyone with courtesy, dignity, and respect. Serving judiciary, including more than a decade on the Supreme Court on the boards of nonprofit organizations, educational instituof Texas. thehoustonlawyer.com
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LEGAL TRENDS
How Recent Texas Constitutional Amendments Will Shape the Composition of Future Judicial Candidates
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By Matthew Kim
The Houston Lawyer
f the eight amendments to the Texas Constitution passed last November, two amendments will arguably affect the quality and composition of judicial candidates for years to come. Proposition Numbers 4 and 5 have both raised the standards for candidates for judicial offices throughout Texas. Proposition Number 4 (SJR 47), in part, raises the numbers of years of experience required to be eligible for certain judicial offices.1 Proposition Number 5 (HJR 165) provides more power to the State Commission of Judicial Conduct to oversee candidates while running for judicial office.2 Proposition Number 4 (SJR 47) On November 2, 2021, Texas Proposition 4, Changes to Eligibility for Certain Judicial Offices Amendment, was approved. One of the most notable changes comes in the form of an in-state experience requirement. Previously, can52
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didates could count out-of-state years of experience towards the ten-year requirement necessary to qualify for candidacy. Additionally, the amendment changes the eligibility for a district court judge from four years of experience as a practicing lawyer or judge to eight years.3 The full list of changes to the eligibility requirements for a supreme court, court of criminal appeals, or court of appeals justice and a district judge are as follows: • Candidates must be residents of Texas, as well as citizens of the United States; • Ten years of experience in Texas as a practicing lawyer or judge of a state or county court for candidates of the Supreme Court, Texas Court of Criminal Appeals, or a court of appeals; • Eight years of experience in Texas as a practicing lawyer or judge of a state or county court for candidates of a district court; • Disqualifies candidates if their license to practice law was revoked or suspended; and • Applies these requirements to individuals elected or appointed to a term beginning after January 1, 2025.4 Proponents argued that these requirements will work to create a higherquality judiciary.5 David Beck, a partner at Beck Redden LLP in Houston and chairman of the Texas Commission on Judicial Selection, went as far as to highlight one scenario that this amendment would protect against, The longer attorneys practice law, obviously, the more experience they have... it gives you a better insight into the matters that might come before you. When you have somebody who has been practicing a minimum of four years, and is 25 years of age, I just don’t think they have had a lot of
the life experiences that are useful to a judge in making decisions.6 Opponents pointed out the unfortunate effect this may have when it comes to promoting diversity within the candidate pool and providing voters with more choices on the ballot.7 Although judges in Texas are elected by popular vote, leaving the ultimate decision with the voters, significant safeguards have been put into place by the Texas Legislature aimed at promoting candidates with more experience not just within the state of Texas, but overall. Proposition Number 5 (HJR 165) While Proposition 4 changed the eligibility requirements for candidates to run, Proposition 5 changed how the Texas State Commission on Judicial Conduct (“SCJC”) oversees those candidates once they start running. Proposition 5 authorizes the Commission to accept complaints regarding the conduct of candidates seeking judicial office and allows for the discipline of candidates in the same manner as sitting judges. The big change with Proposition 5 lies in the Commission’s newly granted ability to hold judicial candidates to the same standards of ethical campaign practices as incumbent judges. Texas State Senator Judith Zaffirini (R) hopes that Proposition 5 will “balance the scales” between judicial candidates and incumbents, noting that: The section on political activities of the Texas Code of Judicial Conduct prohibits judges seeking re-election and candidates for judicial office from telling voters how they would rule on a certain kind of case, endorsing other candidates or knowingly misrepresenting the views or qualifications of their opponents. Because SCJC has jurisdiction only over incumbent judges, however, it
LEGAL TRENDS
is unclear who has the authority to reprimand judicial candidates. The result, unfortunately, is to give this group free rein without holding them accountable.8
8. Judith Zaffirini, Vote “Yes “on Proposition 5 to Improve Our Judicial System, WILSON COUNTY NEWS, Oct. 27, 2021, https://www.wilsoncountynews. com /articles/vote-yes-on-proposition-5-toimprove-our-judicial-system/. 9. Paul Edward Schmidt, Letters to the Editor – Texas
Nov. 2 election, Proposition 5, abortion, defense budget, Ted Cruz, DALLAS MORNING NEWS, Oct. 18, 2021, https://www.dallasnews.com/ opinion/letters-to-the-editor/2021/10/18/lettersto-the-editor-texas-nov-2-election-proposition-5abortion-defense-budget-ted-cruz/.
In effect, by holding judicial candidates to the same standard as their incumbent counterparts, proponents of Proposition 5 hope to level the playing field during judicial campaigns. Opponents see this amendment as a “recipe for chaos and mischief,” arguing that more control with no guidelines as to how the commission plans to exercise this control may lead to an opportunity for the party in power to overstep.9 Conclusion It remains to be seen how these two amendments will affect judicial elections in the coming years. Proponents of both amendments say these changes are long overdue in Texas’ pursuit for higher quality candidates and fairer judicial races. Yet opponents see these changes as potentially disastrous, pointing out that while the changes may seem just on paper, its application will dictate whether the aspirations of these amendments will actually be met—as with all safeguards, there is always potential for abuse. Matthew Kim, an associate in the Houston office of Baker Donelson, focuses his practice on transaction matters related to the energy and health care industry. Endnotes
1. Kalley Huang et al., Texas 2021 Constitutional Amendment Election Results, TEX. TRIB., Nov. 3, 2021, https://apps.texastribune.org/features/ 2021/texas-election-results-2021-constitutionalamendments/. 2. Id. 3. S.J. Res. 47, 87th Leg. (Tex. 2021). 4. Id. 5. Huang, supra note 1. 6. Angela Morris, Q&A: Will Texas Legislature Reform Judicial Selection? Maybe Qualification, Contributions..., LAW.COM (Jan. 5, 2021, 11:02 AM), https:// www.law.com /texaslaw yer/2021/01/05/willthe-texas-legislature-reform-judicial-selectionmaybe-qualifications-and-contributions/. 7. Huang, supra note 1.
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Media Reviews
Second Edition of Award-Winning Book on Mediation Offers Timeless Advice By Professor Dwight Golann Published by the American Bar Association Reviewed by David T. López
The Houston Lawyer
F
or beginning, as well as experienced, mediators, and those who might be considering a mediation practice, Professor Dwight Golann’s book, Mediating Legal Disputes, well could be considered essential—a comprehensive, practical guide, standing well ahead of the myriad volumes in the field. The second edition, just published by the American Bar Association, follows and updates the first, winner of the International Institute for Conflict Prevention and Resolution (CPR) Outstanding Book Award in dispute resolution. The practical lessons in the book are based on Professor Golann’s personal experience as a mediator in a wide range of areas and his teaching as a Research Professor of Law at Suffolk University training mediators throughout the world, supplemented by several nationally and internationally recognized practicing mediators. Beginning with the elements of an established strategy for the mediation, the book focuses detailed attention and guidance for new mediators on the sequential stages, from preparation through obtaining of information, establishing trust, re-
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sponding to bargaining tactics, assessing potential judicial outcomes, and reaching agreement. The book then addresses particular problems that experienced mediators might face and require adaptation of the base strategy. Sophisticated, workable approaches are presented in detail, including insuring sufficiency of information, distinctions on reality testing as compared to evaluation, dealing with emotional issues, helping parties adequately analyze competing litigation plans, and addressing impasse. Finally, very experienced mediators join Professor Gollan in presenting established techniques in related areas, such as decision tree analysis; issues in particular areas, such as employment, insurance claims, and environmental disputes; and the different approaches applicable to “mega cases,” that is, cases with complex issues, multiple parties, and immense financial stakes. The experienced contributors discuss in detail how they have applied more direct involvement and evaluation where the conflicts might involve hundreds of parties, multiple jurisdictions, ongoing litigation, and long duration. Throughout the book, examples are presented through the use of sixty-five video excerpts, which are available online. Essentially, this book fulfills its selfdescription as three books in one, making it of interest, education, and practical use by lawyers considering, or just entering, dispute resolution practice; those with experience in the field who could profit by a reconsideration of their established approaches; and mediators engaged in the resolution of very com-
plex, high-value, large, international and multi-jurisdiction domestic disputes. The book brings together a comprehensive approach that touches on all levels Essentially, of experithis book fulfills its ence, varying areas self-description as of dispute, three books in one, and techmaking it of interest, niques that have been education, and pracsuccessfully tical use by lawyers utilized by considering, or just internationally recogentering, dispute nized, very resolution practice; experienced mediators. those with experiThe materience in the field als and apwho could profit by proaches are presented a reconsideration in a comof their established pact, paperapproaches.” bound volume at a reasonable cost and could not be matched, if at all, by several other books.
‘‘
David T. López has established a solo arbitration and mediation practice, after 50 years of active litigation. He is a CEDR accredited mediator, a fellow of the Chartered Institute of Arbitrators, and a national and international panelist of the American Arbitration Association and the International Institute for Conflict Prevention and Resolution. A former journalist, he is a member of The Houston Lawyer editorial board.
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LITIGATION MARKETPLACE
Office Space HOUSTON GALLERIA AREA, NEW NORMAL OFFICE SPACE Two approx. 14’ X 15’ window offices and two cubicles with high partitions. 5,000 sf ft suite for easy social distancing. File space; 2 conference rooms; kitchen; telephone system; fiber internet; copier; ground floor (no elevator rides). Not an executive suite. Contact kurt@kurtarbuckle.com. Heights area law office sharing 1 large, furnished office (approx 15x15) available January 1. Modern building with 24 hour security on North Loop near Shepherd with downtown views. Beautiful conference room with 60” TV/ Whiteboard, color copier/fax/ scanner available on network, internet, full featured VOIP phone system, Wi-Fi and wired internet, attached covered parking, room for your files. Kitchen in suite with microwave/pizza oven, coffee, soft drinks, water and snacks available. Contact Mike or Teri at 713-529-2020 for more information.
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NEW LED LIGHTING. It has 9-10 private offices, open work areas, and a large shared kitchen. Garage parking and furniture are available too. Contact Patrick; 915-373-0488 pfinnegan@texcon.org. HOUSTON MEMORIAL OFFICE SUITES Legal offices available on Westview Drive between Wirt and Antoine. Shared receptionist, conference room, and break room. Rent includes all utilities, internet, phone, parking, security, cleaning service, and office maintenance. For details contact: jacquesb@marksfirm.com. For Sale HOUSTONIAN CLUB Resident Membership available for transfer (due to international move). Save $10k off family or individual membership at newlyrenovated health club. Contact 250-886-3863. Professional Services
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OFF THE RECORD
An Attorney’s Journey of Finding More Grace and Humanity in Law From page 48
out the femur of each leg to allow for the insertion of a hollow titanium rod and, to stop any growth into that rod, they had to place a smaller rod inside the hollow one. The plan was to wait three months for Alex to heal from this procedure, but Alex was told he would be able to return to work immediately. Instead, those three months turned out to be far worse and more physically painful than Alex could have imagined, and he was unable to do much of anything during that period. In mid-July, the plan was to remove the smaller rod and replace it with another titanium rod, which would protrude out of the bone, muscle, and skin. This rod would connect to the hydraulic knee. As Alex was at the front door to leave for the hospital, Alex’s wife had to tell him that she received a text message notifying her that one of the rods had arrived, but the other was stuck in customs. In the end, Alex was able to have the procedure performed on one leg that day, and the procedure on the other leg the following day. That second night, while recovering in the hospital, Alex was told that his heart rate was too high and his blood pressure had dropped too low. Worse, the doctors believed it was the result of the pain medication Alex was taking, so they had to take him off the medication. Suffice to say, Alex did not have a good night. For about one month following the conclusion of the procedure, Alex worked with “stompers,” which are smaller versions of the hydraulic legs that Alex would ultimately hope to use. After fashioning a harness and ropes that he built himself, Alex was able to slowly increase the amount of weight he could place on the prosthetics over time. That process took about two months in total. Although Alex was the first double amputee and a bit of a “guinea pig” with this new procedure, Alex regularly uses both hydraulic legs to walk—although it is not possible to run given safety concerns—and he has fully resumed his law career. He still uses crutches and is continuing physical therapy with the goal of no longer needing any assisted device. He is also an active member of the Houston Bar Association and is a volunteer at the Shriner’s Hospital for Children. Alex always sought to maintain cordial relationships with his opposing counsels. But after everything he has gone through, Alex has an even greater desire to give grace to others because “you never know what battles someone else is facing.” So, for Alex, the experience “put a little more humanity into the practice of law.” Rene Alejandro “Alex” Weatherford was born in Nuevo Laredo, Mexico, and raised and educated in Brownsville, Texas. He attended the University of Texas at Dallas and graduated from South Texas College of Law Houston in 2011. David T. López has established a solo arbitration and mediation practice, after 50 years of active litigation. A former journalist, he is a member of The Houston Lawyer editorial board.
ØĺĚƥĺĚƑ ēĿƙîƙƥĚƑ ƙƥƑĿŒĚƙ ĿŠ ƥĺĚ ŞĿēēŕĚ ūIJ ƥĺĚ ēîNj ūƑ ŞĿēēŕĚ ūIJ ƥĺĚ ŠĿijĺƥȡ ¬ūƑƑĚŕƙ gîDž ĺîƙ î ƥĚîŞ ūIJ ŕîDžNjĚƑƙ ƎƑĚƎîƑĚē ƥū ƑĚƙƎūŠē îŠē îƙƙĿƙƥ ƥĺūƙĚ ČŕĿĚŠƥƙ Džĺū ŠĚĚē ĺĚŕƎ ŠîDŽĿijîƥĿŠij ƥĺĚ ĿŠDŽĚƙƥĿijîƥĿūŠ îŠē ŕĚijîŕ ƎƑūČĚƙƙȦ ¹ĺĚ ČūŞƎîŠĿĚƙ îŠē ƥĺĚĿƑ ĿŠƙƭƑîŠČĚ ČîƑƑĿĚƑƙ îƑĚ ūŠ ƥĺĚ ƙČĚŠĚ ƐƭĿČŒŕNj ȶ ūIJƥĚŠ ƥƑNjĿŠij ƥū ƙĺîƎĚ ƥĺĚ ŠîƑƑîƥĿDŽĚ ƥū Ǝƭƥ ƥĺĚŞ ĿŠ ƥĺĚ ċĚƙƥ ŕĿijĺƥȦ ~ƭƑ ŕîDžNjĚƑƙ DžĿŕŕ ĺĚŕƎ ŕĚDŽĚŕ ƥĺĚ ƎŕîNjĿŠij IJĿĚŕē IJūƑ ƥĺĚ DŽĿČƥĿŞƙ DžĿƥĺ ūƭƑ ĚNJƎĚƑĿĚŠČĚȡ ŒŠūDžŕĚēijĚ îŠē ĺîƑē DžūƑŒȦ ¹ĺĚ îċūDŽĚ ƎĿČƥƭƑĚ Ŀƙ IJƑūŞ î ČîƙĚ DžĚ îƑĚ ČƭƑƑĚŠƥŕNj ĺîŠēŕĿŠijȦ GūƑ ƥĺūƙĚ ċƭƙĿŠĚƙƙĚƙ ƥĺîƥ ƑƭŠ ǨǪ ĺūƭƑƙ î ēîNj îŠē ĺîDŽĚ ČîƥîƙƥƑūƎĺĿČ ĚDŽĚŠƥƙ ȶ ĿŠČŕƭēĿŠij ƑĚIJĿŠĚƑĿĚƙȡ ƎĚƥƑūČĺĚŞĿČîŕ ƎŕîŠƥƙȡ ūĿŕ ƑĿijƙ ūƑ ĚDŽĚŠ ƥƑƭČŒĿŠij ČūŞƎîŠĿĚƙ ȶ ¬ūƑƑĚŕƙ gîDž ƙƥîŠēƙ ƑĚîēNj ƥū ƑĚƙƎūŠē îŠē ĺĚŕƎ ƥĺūƙĚ ĿŠŏƭƑĚē DŽĿČƥĿŞƙ îŠē ƥĺĚ IJîŞĿŕĿĚƙ Džĺū ĺîDŽĚ ŕūƙƥ ŕūDŽĚē ūŠĚƙȦ
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