Judges Who Made History Peter W. Gray

Judges Who Made History

Peter W. Gray: Founder of the hba –By Bill Kroger

About 20 years ago, I discovered in the Baker Botts’ archives many of the original ledgers, law books, case files, and other documents pertaining to the life of Peter W. Gray, the founder of the law firm that became Baker Botts. Gray was one of the leading lawyers of early Texas, and he played an important role in the development of the City of Houston.

Gray was born in Fredericksburg, Virginia in 1819, and moved to Houston with his family in 1838. As a young man, he served as an officer in the Army of the Republic of Texas before joining his father’s legal practice.

When his father died from illness just two years later, Gray found himself district attorney of Harris County, having been appointed by benefactor Sam Houston. Over time, Gray established a robust and varied legal practice. One of his early clients was Emeline, a free Black woman who was illegally held and sold in the slavery markets in Houston. Gray, although not an abolitionist, represented her and won injunctive relief against her white slaveowner, securing Emeline’s freedom. This case has been called the “first pro bono case” in Houston. Another Gray client was William Marsh Rice, an early merchant and money lender in the fragile Houston economy.

In 1846, Gray was elected to the First Legislature for the new State of Texas, and was the primary author of the Practice Act, the first rules of civil procedure for the State of Texas. His copy of this Act was one of the documents that I found in the firm archives. During the 1850s, Gray served as a state senator in the Fourth Legislature, and as Judge of the Houston District Court. Chief Justice Oran Roberts called Gray “the very best district judge upon the Texas Bench.”

Gray was also active in the Houston community. He and his parents were charter members of Christ Church, one of the first protestant churches in Texas. He also owned Gray’s Opera House, which was located on Court House Square and was one of the first music halls in Houston. Additionally, he co-founded the Houston Lyceum, which became the Houston Public Library.

Gray supported succession, and served in various government positions for the Confederacy during the Civil War. His legal career collapsed. After the war, he and his cousin, Walter Browne Botts, founded a new firm, Gray & Botts. Gray worked to help restore the city, representing the first Houston national banks, canal companies, and railroads.

In 1870, Gray became the first president of the Houston Bar Association. In 1874, he left his law firm after being appointed to the Texas Supreme Court, but he died shortly afterwards from tuberculosis at the age of 54.

Gray’s legacy is large. He established that Houston lawyers must be active in the community, which remains a hallmark of Baker Botts today. In 1901, the firm represented the Estate of William Marsh Rice in creating what today is Rice University, which remains a client today, and later represented Rice University when it was successfully desegregated. And Gray’s firm remains a pro bono leader in the City of Houston through its work with the Houston Bar Association, which he also founded.

For this writer, Gray’s career represents the important, varied civic contributions that can be made by lawyers. His picture hangs in my office, where he greets me each morning when I come to work.

Bill Kroger is the president of the Houston Bar Association. He is a partner and energy litigation group chair at Baker Botts L.L.P.

hon. Weldon berry: a Champion for Civil rights –By Gregory Ulmer

The recent protests and ton legal community and the community at large. civil unrest surround- As a young boy growing up in McKinney, Texas, Weldon Berry ing racial injustice serve knew he wanted to be a lawyer. However, because of Jim Crow as a reminder of the continued laws that denied Blacks basic human rights and the poverty in struggle for equality. Those who which he lived, Berry never thought becoming a lawyer was an continue the fight walk in the attainable goal. Despite his pessimism, Berry leaned on his faith footsteps of the civil rights pio- and with much hard work and determination, became an attorneers who came before them. ney, judge, and civil rights leader fighting the very segregation, Weldon Berry was among those discrimination, and racial injustice that he believed as a young civil rights leaders who had a boy would resign him to working in a shoe shine shop with his significant impact on the Hous- stepfather.

Berry was born in Henrietta, Texas in 1921. He attended Texas College in Tyler, Texas, and earned a Bachelor of Arts degree in 1941. He served in the United States Army Air Forces during World War II, holding the rank of Second Lieutenant. While in the military, he attended pilot training at Tuskegee, where he earned his wings as a bombardier. Berry enrolled in law school at Texas Southern University (TSU) (known then as “Texas State University for Negroes”) in 1949. His class had less than ten members and was one of TSU’s first law school classes. Berry graduated from law school in 1952 and was admitted to the Texas bar that same year. At that time, there were less than ten Black lawyers practicing law in the city of Houston.

In 1955, Berry, along with A.M. Wickliff, Robert Hainsworth, Robeson King, and Mathew Plummer, founded the Houston Lawyers Association (HLA). HLA’s goal was to address the particular needs of Black attorneys and the legal needs of the Black community, as well as promote professional and social interaction among Black attorneys at a time when they were excluded from other bar organizations, including the Houston Bar Association.

Shortly after launching his private law practice in Houston, Berry joined the NAACP’s Legal Defense Fund as a cooperating attorney. In that capacity, he tried many civil rights cases, including lawsuits filed by the Legal Defense Fund against the Houston Independent School District and other school districts across the state of Texas to accelerate the desegregation of public schools following the U.S. Supreme Court’s ruling in 1954 that segregation in public schools violated the Fourteenth Amendment.

In 1983, then Texas Governor Mark White appointed Berry judge of the 80th Civil District Court of Harris County. After leaving the bench, Berry returned to private practice. He passed away in 2000.

Berry’s legal career was a reflection of his long-standing commitment to fighting racial injustice. His accomplishments and contributions advanced the rights of Black Houstonians, as well as the practice of law for Black attorneys in the city of Houston. Berry’s legacy as an attorney, judge, and civil rights leader continues to inspire as the struggle for justice and equality continues.

Gregory Ulmer is partner at BakerHostetler and leader of the firm’s national Product Liability Practice Team. He is an experienced trial lawyer whose practice consists of civil defense litigation with an emphasis on defending products, manufacturers and distributors, as well as premises owners in liability, wrongful death and toxic exposure cases. He is a member of the Houston Bar Association Board of Directors.

hon. a. D. azios: the Great a.D. –By Hon. Lupe S. Salinas

The “Great A.D.”—as he of- ied German in preparation for his service. After being injured by ten referred to himself in shrapnel during the Battle of the Bulge in 1944, Judge Azios found the third person—was of- refuge in a basement in Luxembourg. Upon hearing the approachficially christened Arnulfo Dan- ing clicks of boots against the pavement outside (not knowing iel Azios at birth. After I met they were the boots of German soldiers), he called out that he was him in 1972, Judge Azios began wounded and alone. This contact led to the beginning of Judge Azito mentor me. The Judge hon- os’s four months as a German POW. After his capture in Germany, ored me with his friendship and he utilized his German abilities to lead ten other POWs to safety. with administering my oath He returned to Laredo and married the beautiful Lauren Cuelthree times as a criminal court lar, and they had three children. After completing his undergradujudge. I further benefitted from ate studies at UT, he enrolled at South Texas College of Law and his guidance on legal and professional issues. When I was down obtained his law license in 1949. He and Lauren made Houston after my 1984 election loss, Judge Azios came to my rescue with a home. court appointment. Judge Azios served as a Municipal Judge, Justice of the Peace,

Judge Azios and I had much in common. Both my father and the County Civil Court judge, and County Criminal Court judge. Judge were born in Texas in 1921 and were christened “Arnulfo,” In 1972, Judge Azios and other Latino attorneys collaborated definitely not a common name. Judge Azios would always inquire in founding the Mexican American Bar Association of Houston about my father, asking “How’s my tocayo doing?” referring cul- (MABAH). In 1983, the public elected Judge Azios to his ultimate turally to his namesake. Another common experience involved dream of serving when he took the oath as state district judge of our background as paperboys, an experience I credit for my edu- the 232nd Criminal District Court. cational success (nothing to do except read when no buyers ap- In the late 1980s, Judge Azios became the first Texas jurist to pear). Finally, both the Judge and I valued our teachers and their allow DNA to establish identity of the rapist in the historic Henry sacrifices. In an interview with a Laredo newspaper, Judge Azios Lee Bethune case. DNA evidence has impacted criminal justice emotionally praised his teachers, while I often dedicated my law since it can prove not only guilt, but also innocence of wrongfully review publications to educators who inspired me to succeed. convicted persons. After his state-mandated retirement, Judge

A.D. Azios studied at the University of Texas (UT) until 1943 Azios continued to serve Texas as a visiting judge throughout the when the nation called him to serve in World War II. He stud- state.

In closing this tribute to the life of the Great A.D., I must acknowledge his humor. The Judge enjoyed afternoon siestas. Once while the Judge slept on his chambers sofa, a clerk entered to retrieve a file. The clerk apologized when the Judge stirred, and the startled judge stated all was okay, that he was just reading an opinion. The clerk noticed a law reporter volume on his chest. all-woman court served briefly to hear a single case involving the Woodmen of the World. Instead of seeking election to the Texas Supreme Court, Justice Sondock returned to the 234th District Court and won reelection to that trial court bench the next year, without opposition. Following her judicial service, Justice Sondock has had a very successful career as a private mediator in Houston.

While I have not personally interacted with Justice Sondock, we certainly have many things in common, both having been appointed as district judges and later starting mediation careers. In researching Justice Sondock, I found that many of the articles noted that she is a very humble woman who does not like to be lauded for her many accomplishments. Therefore, I reached out to other female lawyers who were mentored by Justice Sondock to find special stories about her, and I discovered one told by Judge Susan Soussan that has particular importance in today’s world.

Justice Sondock always told Judge Soussan to “not use your Barbs,” which meant, The clerk astutely stated, “But Judge, the book is upside down,” to which the even cleverer Judge responded, “That’s because the case got reversed on appeal!” Our blessings to the Great A.D.!

Hon. Lupe S. Salinas, Retired Judge of the 351st District Court is

hon. ruby sondock: a trailblazer for Women in the Law in every sense of the Word –By Hon. Erin Lunceford

Justice Ruby Kless Son- as a lawyer, not to use being a woman as an excuse. This seems dock is a role model and to support Justice Sondock’s reticence to take credit for being trailblazer for every female the “first woman” in her many professional achievements. Judge lawyer in Texas. While we at- Soussan credits Justice Sondock for being her mentor throughout tended the same law school, her legal career, even though she was sometimes very tough on the University of Houston Law Judge Soussan, who recalls a now very humorous teaching event. Center, she originally attended As an attorney, Judge Soussan had approached the bench in a years after marrying and rais- full courtroom to argue a motion when Justice Sondock asked her ing a family, with the goal of to move closer. Justice Sondock then instructed Judge Soussan becoming the best legal sec- that she would hear her motion “after she cut her hair;” which retary. She decided, however, Judge Soussan admits was very unruly and unprofessional. to switch her career path and became a licensed attorney after Judge Soussan later cut her hair and returned to court to argue her graduating in 1962 as valedictorian of her law school class. She motion. was the first woman ever to be appointed as a district judge in I believe I owe Justice Sondock a debt of gratitude for blazHarris County. Justice Sondock was also the first woman to be ing the trails as a lawyer, judge, justice, and mediator. Since her appointed to the Texas Supreme Court since 1925, when a special time as a Judge/Justice, Harris County and Texas have had many

currently a professor at Thurgood Marshall School of Law.

female lawyers/judges like Justice Sondock, most of whom have also been subject to the tough mentoring she provided, and the example she set not as a “female lawyer,” but as an outstanding lawyer, regardless of her gender. Hon. Erin Lunceford is a 32-year lawyer, currently Counsel for Norton Rose Fulbright LLP where she practices trial law and performs mediations and arbitrations. She was previously appointed by the governor to serve as Judge of the 61st District Court from 2015-2016.

hon. andrew Jefferson: Pioneer in the Practice of Law –By Daniella D. Landers

Judge Andrew Jefferson sity of Texas School of Law. In 1961, Judge Jefferson became the was a notable pioneer in first Black Assistant District Attorney for Bexar County. A year the practice of law and the later, he became Assistant U.S. Attorney for the Western District African-American community. of Texas. His job performance reportedly earned him a Sustained Judge Jefferson started with Superior Award from the U.S. Department of Justice in 1967. humble beginnings in Texas In 1968, Judge Jefferson left the public sector to become trial as the son of a carpenter. He and labor relations counsel for Humble Oil & Refinery Compawas born in Dallas, lived for a ny (now ExxonMobil Corporation) in Houston. Then, in 1970, while in Crockett, then moved Judge Jefferson became the first African-American judge in Harris to Houston with his family as a County (and one of the first in Texas) when Governor Preston child. He was a 1952 graduate Smith appointed him as judge of the former Court of Domestic of Jack Yates High School in Houston, and he earned a bachelor’s Relations No. 2, where he served from December 1970 through degree from Texas Southern University in 1956. In 1959, Judge Jef- 1973. He later served as the judge of the 208th District Court in ferson earned his law degree from the University of Texas School Harris County in 1974 and 1975. He resigned from the bench in of Law during a time when there were very few Blacks admitted October 1975 for private practice with the firm of Jefferson, Sherto the law school. man & Mims.

After graduating, Judge Jefferson served in the U.S. Army before In the early 1970s, Judge Jefferson was appointed to the Conopening the Houston law firm of Washington & Jefferson with stitutional Revision Commission for the State of Texas, alongside his friend George Washington, Jr., a 1954 graduate of the Univer- such notable Texans as Peter Flawn, Page Keeton, and Ralph Yarborough. He received many awards and recognitions for his accomplishments, including being named to the International Society of Barristers in 1996. Notably, in 1980, President Jimmy Carter nominated Judge Jefferson to the U.S. Court of Appeals for the Fifth Circuit. But, unfortunately, his nomination died in the U.S. Judiciary Committee. If he had been confirmed, he would have been the first African-American justice to serve in that court. Although Judge Jefferson spent much of his career as a trial lawyer and judge, he devoted considerable time to public service in the community at large. He served as president of the Nu Boulé chapter of Sigma Pi Phi Fraternity, the first African-American Greek letter organization. Judge Jefferson also served as chairman of the board of the Houston branch of the Federal Reserve Bank and chairman of the Texas Southern University Foundation. Former U.S. Secretary of State Condoleezza Rice is often credited for saying

“[p]eople who end up as ‘first’ don’t actually set out to be first. They set out to do something they love.” That is definitely true of Judge Andrew Jefferson. Judge Jefferson passed away peacefully on December 8, 2008, but will forever be remembered for his exemplary accomplishments and lifetime dedication to the believe I had a place in the reception line with so many dignitaries, judges, and lawyers as a second-year law student. Never in my wildest dreams did I imagine that Judge DeAnda would join Solar & Ellis (subsequently Solar & Fernandes) 12 years later when he retired from the bench at 67 years of age.

The Judge blazed a formidable trail through American jurisprudence. Even so, he embodied the archetypal “everyman,” forced into surreal situations that occasioned his rise to heroism.

Over the course of our 13-year collaboration, I discovered how the son of Mexican immigrants endured the ravages of the Depression; served in combat as a Marine during WWII1 in the South Pacific and China; graduated from Texas A&M (‘48),2 and subsequently from the University of Texas Law School (‘50) to join the paltry ranks of Texas’ Mexican-American lawyers3; overcame the withdrawal of a prestigious job offer when the energy company learned of his Mexican heritage; rose out of a two-man law office into center stage of the post-war civil rights movement; at the young age of 25, launched an appeal4 that became a landmark abolished “Mexican Schools” in Texas;7 desegregated Texas school districts;8 defied death threats;9 founded the Mexican American Legal Defense and Educational Fund (MALDEF)10 and Texas Rural Legal Aid11 (now known as “Texas RioGrande Legal Aid”); and became the second lawyer of Mexican descent to become a federal district judge in U.S. history.12 All of that in one breath. All of that in a single lifetime.

Judge James DeAnda inspired people from all walks of life by his virtuous example. He pursued justice insatiably and was a selfdisciplined warrior. He lifted a beacon of good judgment for all those he touched.

No doubt the administration of justice was made more just by his mere presence among his fellow federal judges. He exemplified what the Mexican-American man was capable of becoming, destroying stereotypes to the contrary. His presence on the bench was a source of pride for his community and reinforced the belief that the administration of justice was fair and impartial. Daniella D. Landers is a partner at Reed Smith LLP. She serves on the Board of Directors for the Houston Bar Association and the Hous-

hon. James Deanda: hometown hero and Major influence in My Life and Practice –By J. Michael Solar

Ifirst encountered Judge James He taught younger lawyers how to “be” quietly reverent, humble DeAnda at his investiture on (he never spoke of his achievements) and kind, and forever chariMay 11, 1979. I didn’t meet table with their gifts of time, talent, and money to those in need. him that day because I didn’t He lived without resentment or rancor for the hardships he enton Bar Foundation. dured. He remained unfailingly calm in the face of the fiercest of

legal combat13 (that for me remains aspirational), and the deadliest weapon in his arsenal of profanity was “son of a gun.” I never knew

him to have an argument, make demands, or have a detractor.

Under the Judge’s generous tutelage, our small firm’s alumni today consist of one global energy general counsel, two federal district judges, numerous “BigLaw” partners, many highly successful trial and appellate lawyers, and law professors. Judge James DeAnda was a wellspring of inspiration to America, American jurisprudence, and Latinos everywhere. He was my hometown hero.

J. Michael Solar is the founder and managing partner of Solar Law. He is recognized as a writer, lecturer, and the subject of local, national, and international interviews regarding legal issues and his litigation. Among numerous other awards, Michael is the recipient of

Supreme Court case;5 served as the GI Forum’s legal advocate;6

the President’s Award from the State Bar of Texas.

endnotes

1. 152 CONG. REC. 18,950–51 (2006). 2. Aggie Lawyer Sworn in as U.S. District Judge, TEX. A&M SCHOOL OF LAW BLOG (Aug. 10, 2020, 12:45 PM), https://blog.law.tamu.edu/blog/aggie-attorney-sworn-in-as-u.s.-districtjudge. 3. The Judge once estimated that at the time of his graduation from law school there were only twenty-five Mexican-American lawyers in the entire state of Texas, including five in Houston. 4. V. Carl Allsup, Hernandez v. State of Texas, TEX. STATE HISTORICAL ASS’N, https://www. tshaonline.org/handbook/entries/hernandez-v-state-of-texas (last visited Oct. 18, 2020). 5. Hernandez v. Texas, 347 US 475, 74 S. Ct. 667 (1954). In a unanimous ruling written by

Chief Justice Earl Warren, the court held that Mexican-Americans, and all other nationality groups in the United States, have equal protection under the 14th Amendment of the U.S.

Constitution. This was a landmark case for a myriad of reasons: it was the first and only

Mexican-American civil rights case heard and decided by the U.S. Supreme Court during the post-World War II period; moreover, it was the first case in which Mexican-American lawyers appeared before the Supreme Court. Judge DeAnda was one of those lawyers, serving as plaintiff’s counsel. 6. The Judge worked on matters involving returning Mexican-American war veterans who, among other things, were denied burial in Texas cemeteries or even service in restaurants. 7. Hernandez v. Driscoll Consol. Indep. Sch. Dist., 2 RACE REL. L.R. 329 (S.D. Tex. Jan. 11, 1957). 8. Sculpture of Civil Rights Champion DeAnda Unveiled at University of Texas School of Law,

UNIV. OF TEXAS AT AUSTIN, SCHOOL OF LAW (Nov. 12, 2010), https://law.utexas.edu/ news/2010/11/12/sculpture-honoring-james-deanda-unveiled/. 9. Excerpt from Corpus Christi Caller-Times (Sep. 8, 2006), on file with author. 10. CONG. REC., supra note 1. 11. Our History, TEXAS RIOGRANDE LEGAL AID, https://www.trla.org/who-we-are. TRLA was once described as legendary in Texas colonias, barrios and poor neighborhoods for its aggressive, fearless, first-rate lawyering for the most impoverished and oppressed Texans. Coined as

TRLA’s “founding father,” James DeAnda was involved in several important causes, including providing counsel in the 1974 Supreme Court case that brought the Texas Rangers, who had retaliated brutally against striking workers at La Casita Farms, under the control of the Department of Public Safety where they remain today. Effectively, the case brought reform to the rogue Rangers. See Allee v. Medrano, 416 U.S. 802, 94 S. Ct. 2191 (1974). 12. CONG. REC., supra note 1 at 22,408–09. 13. One night we were working late, pulling our hair out trying to get out of a tight spot. He looked over at me, smiled, and said, “Can you believe we get paid for this?” It was always a labor of love.